On Tuesday, the EPA released its long awaited rule to replace the Bush era Clean Air Interstate Rule, invalidated by the DC Circuit in 2008’s North Carolina v. EPA. There are many things that could have been different or improved, but given the EPA’s need to get a rule out quickly to replace the existing rule, they have done a good job of addressing the flaws of the earlier rule and getting something in place.
The main problem with the previous CAIR was that in allowing full interstate trading of SOx and NOx, it was in violation of the CAA requirements in Section 110, that a state’s State Implementation Plan ensure that no other state’s attainment and maintenance is violated, and Section 126, which requires the EPA and states to control individual sources that cause a violation in another state.
In the new Rule, the EPA allows full intra-state trading of the pollutants, but limits interstate trading in such a way as to ensure that no one state gets stuck with increasingly localized pollutants. This means that states do not have to worry that the trades will end up concentrating the pollution in such a way as to continue to cause their state SIPs to be violated. While we can’t be sure that this rule will be upheld, I believe that it addresses the major flaw in the earlier case. The court has previously allowed the EPA to set control requirements based on marginal cost of control, so that should not be a problem either.
The downside of the new rule? It is already outdated. The overall cap is based on the 1997 levels, and not on the stricter limit from the early 2000s or the even more strict limit on SOx proposed by the Obama administration of 75 ppb averaged over one hour. Assistant Administrator Gina McCarthy has pointed out that the EPA remains ready to change the rule as soon as the new levels are finalized, and this is really the best that can be done at this time. Waiting would mean that the current, flawed CAIR would remain in place, and this proposal is a better one than that. Industry is complaining that they need more certainty, but they already know where the limits are heading (down!), and they should make investment decisions accordingly.
Good job, EPA.
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Victor Flatt | July 8, 2010
On Tuesday, the EPA released its long awaited rule to replace the Bush era Clean Air Interstate Rule, invalidated by the DC Circuit in 2008’s North Carolina v. EPA. There are many things that could have been different or improved, but given the EPA’s need to get a rule out quickly to replace the existing rule, […]
Matthew Freeman | July 8, 2010
Over on Slate this weekend, William Saletan posted an Elena Kagan piece in which he describes a 1996 incident in which the future presumptive Supreme Court Justice, then working at the White House, commented on a draft statement on “partial birth abortion” by the American College of Obstetricians and Gynecologists (ACOG). Congress was then on […]
Ben Somberg | July 7, 2010
Sorry to link to the Daily Show again, but I swear it’s relevant. On last night’s show, Lewis Black covered recent food safety and consumer product safety news. “But knowingly selling us broken cars, poisoned medicines — if I didn’t know any better, I’d think these companies were just in for the money!”
Rena Steinzor | July 6, 2010
Desperate to move a funding bill for Chesapeake Bay restoration out of the Senate Environment and Public Works Committee, progressive Senator Benjamin Cardin (D-MD) went into the scrum with one of the body’s most conservative members, James Inhofe (R-OK). After a struggle of uncertain intensity and duration, the two emerged, with Inhofe, who openly ridicules the […]
Holly Doremus | July 6, 2010
Cross-posted from Legal Planet. Previously I wrote about the shortcomings of ESA consultation on the Deepwater Horizon and other offshore oil rigs. Today I take up the implications of the spill itself under the ESA. At least one ESA lawsuit has already been filed, and at least partially resolved. The Animal Welfare Institute, Center for […]
Matthew Freeman | July 5, 2010
In an op-ed in this morning’s Raleigh News & Observer, CPR Member Scholar Victor Flatt describes why it is that BP was allowed to drill its Macondo 252 deepwater well — the one that is now spewing oil into the Gulf — without conducting a serious analysis of the risks of a blowout, and providing a detailed and […]
Holly Doremus | July 2, 2010
Cross-posted from Legal Planet. The media have paid a lot of attention to the cavalier attitude of the former Minerals Management Service (now called the Bureau of Ocean Energy Management, Regulation, and Enforcement) toward the National Environmental Policy Act (I blogged about it here and here and Dan weighed in here). Less has been said, […]
Celeste Monforton | July 2, 2010
Cross-posted from The Pump Handle. Cong. George Miller (D-CA) is a man of tough talk and swift action. Today, along with 15 other House members, he introduced H.R. 5663 a bill to upgrade provisions of our nation’s key federal workplace health and safety laws. Every year, tens of thousands of workers are killed or made […]
Matt Shudtz | July 1, 2010
With the strong support of their new Administrator, last year the EPA staff who administer TSCA came up with a novel idea for jump-starting a moribund regulatory program. They started publishing Chemical Action Plans (CAPs) for a selection of chemicals “that pose a concern to the public.” Having selected chemicals that are found in consumer products, produced […]