THE BUSH ADMINISTRATION VOWED LAST WEEK to begin the New Year with a
"strong push" for a "clean air and clean energy agenda."
This makes sense, though, only if "strong push" means "sudden
halt." The announcement came up in the context of a decision to stall, for at least
90 days, a regulatory rule designed to protect communities in the industrial
Midwest and Northeast whose air is unhealthy. That includes much of Ohio,
including the Miami Valley. The rule is called the "Clean Air Interstate Rule." It was prepared
by the Bush administration's own Environmental Protection Agency, an
organization hardly known for excessive tree-hugging. After a yearlong process
of review and public comment that began in November 2003, all that remained
before it could go into effect was a presidential green light. The Bush
administration decided to delay implementation while it makes a last-ditch
effort to push its controversial "Clear Skies" legislation that's hung
up in Congress. The move makes no sense from the standpoint of environmental policy. The
uncertainty it creates represents a setback for cities, such as Dayton, that
fail to meet federal clean air standards for greenhouse gases and small airborne
particulates. In addition to public health risks posed by the pollutants, "nonattainment"
communities (including 474 counties nationally) have a hard time competing for
industrial development because of additional -- and expensive -- anti-pollution
steps that must be taken before new plants can come online. The Clean Air
Interstate Rule recognizes that local areas can't improve air quality unless
standards are set, and enforcement measures put in place, for the much larger
regions of the country that contribute to the problem. Proponents of the "Clear Skies" initiative point out that that
legislation includes language that are identical in substance to the proposed
rule. They say these provisions would be stronger if made part of a federal
statute, rather than a regulatory rule because statutes would not be subject to
lengthy court challenges. All of this is true, but only up to a point. The legislation hasn't moved
through Congress because it sidesteps other pressing environmental concerns and
would roll back highly effective protections in the Clean Air Act. For example, it doesn't begin to tackle issues relating to global warming and
other problems with carbon fuels. It would do away with procedures that enable
local communities to petition the U.S. EPA to bring enforcement actions against
"up-wind" polluters in other states. It also would also decisively kill the "new source" rule, a
requirement that power plants and other polluters upgrade pollution control
devices when they build new plants or expand old ones. The Bush administration already has tried to undermine the new source rule, a
move that has had a dramatic impact on "ongoing litigation, out-of-court
settlements, and new enforcement actions against coal-fired electric
plants," according to the EPA's inspector general. However one feels about these "clear skies" issues, the Clean Air
Interstate Rule should move ahead. About that there's no genuine dispute. Rather
than being held hostage while the legislation is debated, it should be
implemented without delay.
Visit http://www.powermarketers.com/index.shtml for excellent coverage on your energy news front.