States, industry follow enviros as next challengers to soot rule

Washington (Platts)--19Dec2006

Electric utilities and 13 states filed their own suits against the Bush
administration Monday over a rule that regulates fine-particle pollution, or
soot, from power plants, motor vehicles and other sources.

The legal action follows a suit filed earlier by environmental groups against
the Environmental Protection Agency challenging the rule as too lenient (PCT
12/18).

The Utility Air Regulatory Group, which represents American Electric Power,
Southern Company and other major utilities, did not detail its specific
objections to EPA's soot rule in the pro-forma, three-page document it filed
with the court Monday. UARG will do that in the coming weeks and months, after
the court sets briefing deadlines in the case.

But based on the comments it filed when the rule was being developed, UARG is
expected to argue that EPA was not scientifically justified to tighten the
soot standards. UARG has argued previously that soot particles generated by
power plants are not as dangerous as those produced by motor vehicles and
other sources.

The states, led by New York, are challenging the September 21 rule. They say
EPA violated the Clean Air Act by ignoring important scientific evidence and
setting the standards at levels that are too weak to adequately protect public
health. The fine particles are less than 2.5 micrometers in diameter (less
than one-seventh the average width of a human hair).

EPA is required to periodically review the soot standards to ensure that they
are based on the latest science. The rule EPA issued in September modestly
tightened the previous "hourly," or short-term, benchmark for exposure to
fine-particle soot. But it made no change to the "annual," or long-term,
exposure standard, which many scientists say is more important.

Notably, EPA's own scientists and outside advisers recommended a more
stringent annual standard, but the agency rebuffed that advice (CO 3/13).

Critics say EPA did so to appease the power sector and other industries, which
opposed tighter standards. EPA staunchly denies that claim, noting that the
current standards are even stricter than the rule imposed in 1997 during the
Clinton administration.

All suits were filed in the US Court of Appeals for the District of Columbia
Circuit, the designated court for this issue.

Two agriculture groups also sued, saying EPA was not justified in tightening
the standards. Electricity generators have made a similar argument, saying
particles generated by power plants are not as dangerous as those produced by
other sources.

Industry groups sued when EPA last tightened the standards in 1997. The case
went all the way to the Supreme Court, which upheld EPA's authority.

The current rule reduces the 24-hour fine particle standard from the 1997
level of 65 micrograms per cubic meter (?g/m3) to 35?g/m3. The annual fine
particle standard stayed at 15?g/m3.

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