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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?

To: lorne who wrote (88543)	8/3/2010 1:28:00 PM
From: Neeka	Respond to of 224729

The Dancing Queen?

To: lorne who wrote (88543)	8/11/2010 11:17:37 PM
From: Hope Praytochange	Read Replies (1) \| Respond to of 224729

EPA's Climate Train On Track By SEAN HIGGINS, Posted 07:08 PM ET While Congress has failed to pass a greenhouse gas emission reduction bill this year, the Environmental Protection Agency has picked up the baton and is sprinting to the finish line. The agency already has in place rulings and actions that will result in the creation of a new regulatory regime by 2012. The question is whether rear-guard efforts in Congress and in the courts can block the rules first. "EPA is planning to begin issuing proposed rules to limit the amount of carbon pollution from the very largest sources, including power plants, cement kilns and other industrial sources," said Daniel Weiss, director of climate strategy for the liberal Center for American Progress Action Fund. It began last December when EPA administrator Lisa Jackson announced that the agency had labeled greenhouse gas emissions (GHGs) a dangerous pollutant and was asserting the authority to regulate them under the Clean Air Act. At the time Jackson and others in the administration made clear that they would prefer Congress to regulate GHGs rather than the EPA act unilaterally. Congress Stalled, But Not EPA The EPA's action was widely seen as the administration's way of prodding Congress. The message: Do it now or we'll do it for you. But months of talk in Congress over the vastly complicated issue bore no fruit. Late last month Senate Majority Leader Harry Reid, D-Nev., first scrapped most, then all, of the bill. No version could get the 60 votes needed to proceed in the Senate. While all this was happening, the EPA was quietly moving ahead on its own. In April it imposed the first national limits on GHGs by tightening fuel efficiency standards for cars and light trucks. The significance goes beyond motor vehicles. By issuing the regulations, EPA made GHGs "regulated air pollutants" for the first time in the agency's history. That means that GHGs now must be taken into account in the EPA permitting process. That effectively nationalizes the regulations, requiring any new or updated site like a power plant or refinery to reduce emissions. "The EPA has basically already fired all of its missiles on this, and the missiles are going to land," said Gregory Scott, executive vice president and general counsel of the Na tional Petrochemical and Refiners Association. "It is now self-executing if the courts don't intervene." Rules Ramp Up In 2011 The new rules take effect Jan. 2. The Clean Air Act permitting requirements for GHGs will kick in for large facilities that are already obtaining Clean Air Act permits for other pollutants. It expands from there. "By July of 2011, the (act) will expand to cover all new facilities with greenhouse gas emissions of at least 100,000 tons per year and modifications at existing businesses that would increase GHGs by at least 75,000 tons per year. So the permit seekers will have to demonstrate the best available technology to minimize GHGs," EPA spokeswoman Cathy Milbourn told IBD. Milbourn said the EPA is agnostic on what the best technology is. Permit holders just need to get it done. Bill Kovacs — senior vice president for environment, technology and regulatory affairs at the Chamber of Commerce — says that's not making things easy for industry. "Once they regulate CO2 ... anyone who applies for a (permit) has to use the best available technology. Nobody knows what that is at this point," Kovacs said. States and big business have not given up completely on halting the EPA's rule making. They're pushing challenges to the EPA's action in court, with the Chamber of Commerce leading the charge. There are potentially dozens of legal challenges, though many lawsuits are likely to be bundled together. Either way, these cases are still in the preliminary stages. Even fans say they are not likely to be resolved between now and the January deadline. The question now is whether the agency's action will be halted by a judge pending the resolution of the cases. A judge would have to believe there would be irreparable harm to the plaintiffs. That's possible but not certain. Late last month, the EPA rejected calls by the litigants to reconsider its endangerment ruling. Congress could still take some action as well. Senate Majority Leader Reid has said he has not given up on a bill and may try again after the Senate returns from its August recess, though it's hard to see where the extra votes will come from. Meanwhile, Sen. Jay Rockefeller, D-W.Va., is pushing a bill to suspend the EPA from making any regulations for two years. His state's heavy involvement in coal production and use mean new rules could hit it especially hard. Rockefeller has told reporters he expects the Senate leadership will let him have a vote on the amendment this fall. Reid spokesman Jim Manley told IBD that they were "still trying to sort this one out." Even if Rockefeller's bill passes, it would still require passage in the House and President Obama's signature, lobbyists on both sides say. Neither is likely, so most are looking to the courts. "It's a fairly tough hill to climb," said a business lobbyist. Weiss warns that the court challenges will create an "uncertainty" that will freeze efforts to invest in the new technologies. "That will lead to a reduction or stalling in investment in clean energy while our overseas competitors speed ahead," he said.