evil i tell you, he's evil..lookit his eyes..

[Guest guest]

Bush Plans to Ease Portions of Clean Air Act

By David L. Greene Baltimore Sun, 12/24/2001

 

WASHINGTON - In a boon for the energy industry and a setback for

environmentalists, the Bush administration is expected to announce soon that it

is weakening portions of the Clean Air Act, allowing coal-burning power plants

to bypass some antipollution rules.

 

President Bush has argued that some Clean Air Act rules stifle energy output and

do little to protect the environment. That stance has angered environmentalists,

but it mostly was forgotten after Sept. 11. Now, with war-time approval ratings,

Bush is revisiting some of his more contentious proposals, including the idea of

easing some environmental regulations.

 

Word of the announcement has set off a new storm of protest from environmental

groups. They say the move would stymie efforts by local and state officials to

bring heavy polluters to court. And some members of Congress have complained

that the administration has not consulted them about changing the law.

 

At issue is a clause in the 1970 Clean Air Act that applies to aging power

plants, oil refineries and other industrial facilities.

 

The clause exempts plants built before 1970 from tough pollution curbs enacted

that year. But once they undergo a major renovation to expand output, such

facilities must install pollution controls and begin meeting the 1970 standards.

 

Under President Clinton, the Environmental Protection Agency and several Eastern

states, sued dozens of the nation's oldest and dirtiest power plants for

violating the law.

 

They argued that the plants, mostly in the Midwest, underwent renovations yet

never installed tighter pollution controls. Pollutants from those plants, states

officials contend, blow east and contribute to smog in cities including

Washington, D.C., Baltimore, and New York.

 

''These issues are a matter of life and death,'' said Connecticut Attorney

General Richard Blumenthal.

 

Blumenthal asserted that the administration is trying to scale back parts of the

Clean Air Act just when states are beginning to use it successfully to reduce

pollution.

 

''These laws have been on the books for more than 30 years,'' Blumenthal said.

''And the power companies have been violating them brazenly and blatantly,

purposely and continuously.''

 

In response to the lawsuits, the utility companies contend that the law should

not apply because they underwent maintenance, not major renovations. The

companies also deny that they contribute to pollution in far-flung states. There

is little scientific proof, they note, that pollutants can travel so far.

 

Industry officials also claim that the lawsuits filed by Clinton's EPA have made

them wary of performing routine maintenance. The administration's plan to ease

what is known as the ''new source review'' clause of the Clean Air Act, the

industry says, not only would help boost output but also cut emissions. As

regulations are eased, utilities could determine for themselves the most

efficient ways to produce power.

 

''We'll be providing more electricity with the same amount of coal - or less

coal,'' said Todd Terrell, a spokesman for Atlanta-based Southern Co., which

owns a handful of power plants that were sued under Clinton. ''Emissions on the

whole will go down. So that, we believe, is the best environmental approach.''

 

In May, as part of his energy initiative, Bush called for a study of the new

source review clause. He said he worried that it forced power plants to invest

in costly upgrades to comply with a bewildering environmental rule - and

diverted money and attention away from producing electricity.

 

Administration officials have not said precisely what they will announce and

when. They say only that they are close to recommending changes to the Clean Air

Act. But in an effort to defuse criticism pre-emptively, they stress that they

have held public hearings to discuss proposals and have cooperated fully with

Congress.

 

Dave Ryan, an EPA spokesman, said the agency offered ''unprecedented

opportunities for public involvement'' before reaching conclusions.

 

But environmental attorneys and congressional officials who have been briefed by

the administration say the EPA has prepared new guidelines for enforcing new

source review.

 

''This is one of the worst holiday presents the administration could give the

American people,'' said Representative Henry A. Waxman, a California Democrat.

 

This story ran on page A4 of the Boston Globe on 12/24/2001.