Bush Seeks To 
Roll-Back Clean Air Rules
By Chris Baltimore
11-24-2

WASHINGTON (Reuters) - The Bush administration has proposed relaxing
clean air rules to help old coal-fired power plants avoid costly
pollution controls, a plan that nine states vowed to fight in federal
court on health grounds.  The proposal, made Friday, was also roundly
condemned by Democrats and environmental groups on health grounds.  The
Environmental Protection Agency defended its new rules as simply giving
power plants and oil refineries more flexibility to cut emissions. 
Existing rules require U.S. utilities and refineries to invest in
state-of-the-art pollution controls if a plant undergoes a major
expansion or modification. The issue is pivotal for aging coal-fired
utilities in the Midwest that could face hundreds of millions of dollars
in new investments.  Under the proposed rules, the EPA would change the
definition of "routine maintenance" to give utilities more leeway to
modify a plant without triggering extra pollution-reduction requirements.
 Eliot Spitzer, the New York attorney general, announced he would soon
file a federal lawsuit challenging the rules together with eight other
Northeastern and Mid-Atlantic states, including Connecticut,
Massachusetts and New Jersey.  Spitzer said the rules were written to
favor the financial interests of the energy industry instead of public
health.  Emissions from the plants are linked to acid rain, smog and
soot, and can aggravate medical conditions such as asthma, chronic
bronchitis and pneumonia.  CALL FOR EPA CHIEF TO RESIGN  Sen. Joseph
Lieberman of Connecticut, a Democrat and possible presidential contender,
called for EPA Administrator Christine Todd Whitman to resign.  "Gov.
Whitman has a good record and good intentions, but on her watch this
administration has undertaken the biggest rollback in Clean Air Act
history and scaled back countless other environmental protections."
Lieberman said.  The EPA released a plan for "new source review" rules,
one of the agency's most complex programs to curb air emissions.  Whitman
said the actions would encourage utilities to cut emissions after years
of postponements because of the current program's requirements. The EPA
said it wants to finalize the rules by late 2003.  The EPA also would
give utilities a plant-specific annual allowance for making repairs and
replacements. Modifications made that fit below the allotted cost ceiling
will not trigger more stringent regulations. The EPA did not disclose
actual figures for such allotments.  The proposed rules also would allow
utilities to replace aging equipment with their "functional equivalent
new equipment" without triggering regulations, the EPA said.  CRITICS ON
BOTH SIDES  The proposed rules will not take effect until the EPA has
collected and analyzed feedback from utilities, green groups, and others.
 The EPA was criticized by environmental groups and Democratic lawmakers
on one side, and utility officials on the other. Green groups complained
that the agency action rolls back federal Clean Air Act protections,
while the industry contends they do not go far enough.  "It is difficult
to imagine a more aggressive assault on our clean air protections," said
Rebecca Stanfield at the Public Interest Research Group.  Spitzer said
the change would worsen air quality in the Northeast and mid-Atlantic
states, a region already struggling with dirty air blown from Midwestern
states.  Spitzer said New York's lawsuit would be filed in the federal
appeals court in Washington.  The EPA said the new rules will not spur a
rise in pollution from power plants.  "Emissions from the power sector
will continue to come down ... regardless of what happens in the future"
of the new source review program, said EPA Assistant Administrator
Jeffrey Holmstead.  Holmstead said power plant emissions are limited by
the administration's Clear Skies proposal, which requires utilities to
cut three harmful emissions by 70 percent by 2018 using a cap-and-trade
system.  Critics also warned that the new proposal could endanger ongoing
lawsuits brought by the EPA against nine U.S. utilities to enforce the
new source review rules.  Copyright � 2002 Reuters Limited.     


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