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Key Events

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Global warming
Wildlife protection
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Mercury
Methyl Bromide
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Concentrated Animal Feeding Operations
Clear Skies
Round Up power plant
Outsourcing CAT
New Source Review
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Mountaintop Mining
Snowmobile regulation
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The Bush administration's environmental record: Coal power plants

 
  

Project: The Bush administration's environmental record

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November 22, 2002

       The Environmental Protection Agency finalizes a rule that makes four important changes to the New Source Review (NSR) section of the Clean Air Act. Critics say the changes will help polluting industries maintain the status quo.
Plantwide Applicability Limits (PALs) - This change will allow a facility to set a Plantwide Applicability Limit (PAL) based on its average emissions over the previous ten years. A facility will be exempted from the New Source Review process when it upgrades or expands its operations if those changes do not cause the plant's emissions to exceed its PAL. Critics complain that the change does not require plants to reduce their overall emissions when a facility expands or modifies operations.

Pollution Control and Prevention Projects - Facilities will be permitted to undertake certain environmentally beneficial activities without having to apply for NSR permits.

Clean Unit Provision - Plants that voluntarily install “best available pollution controls” will be afforded “clean unit” status and exempted from NSR provisions for a period of 15 years. The change is retroactive to 1990.

Emissions Calculation Test Methodology - Facilities will be permitted to use a more lenient method when determining if a plant upgrade has increased its emissions. With the exception of power plants, facilities will be permitted to select any 24-month period during the previous decade to serve as its baseline for determining pre-modification emission levels.
The EPA also announces that it intends to revise the “Routine Maintenance, Repair and Replacement” exemption so that any modifications whose costs do not exceed a certain level would be exempt from the NSR provisions requiring plants to install pollution controls and conduct impact assessments on the ambient air quality when upgrading or replacing equipment. [Environmental Protection Agency, 11/22/2002; EarthVision Environmental News, 11/25/2002; Clean the Air, n.d.; League of Conservation Voters, n.d.; ENSR International, 12/24/2004]
People and organizations involved: Environmental Protection Agency, Bush administration
          

August 27, 2003

       The EPA revises the “New Source Review” (NSR) provision of the Clean Air Act. Previously, the NSR required industrial facilities to install modern pollution controls when they made upgrades to their facilities. However, the provision's revised definition of “routine maintenance” will exempt some 17,000 older power plants, oil refineries and factories from being required to install pollution controls when they replace equipment, provided that the cost does not exceed 20 percent of the replacement cost of what the EPA broadly defines as the entire “process unit.” This restriction basically allows industries to replace entire plants one-fifth at a time with no concomitant responsibility to controlling its emissions. This applies even to circumstances where the upgrades increase pollution. It is estimated that the revised rule could save billions of dollars for utilities, oil companies and others. Industry has spent the last two years heavily lobbying the White House for this rollback. [Reuters, 8/28/2003; Associated Press, 8/28/2003; League of Conservation Voters, n.d.] New York Attorney General Eliot Spitzer promises to sue the administration, telling reporters, “This flagrantly illegal rule will ensure that ... Americans will breathe dirtier air, contract more respiratory disease, and suffer more environmental degradation caused by air pollution.” [Reuters, 8/28/2003]
People and organizations involved: Eliot Spitzer, Environmental Protection Agency, Bush administration
          


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