The association, which represents air pollution control agencies in 53 states and territories, reviewed the comments that the states sent to the agency in regard to possible necessary changes in their laws or regulations for the sake of complying with the new climate rules that will be in effect January 2. It found most states were either preparing or are already prepared to implement it.
The agency has reaffirmed its mandate to regulate carbon dioxide and other greenhouse gases under the 40-year-old Clean Air Act following a United States Supreme Court ruling in December that agreed with the agency’s finding that greenhouse gases endanger public health and the environment.
The agency will issue permits for business units that emit up to 100,000 tons of greenhouse gas emissions yearly, a figure raised from 100 tons previously, following complaints. It will eventually require companies to install better technology and improve energy efficiency to meet the tougher targets.
The association’s analysis found that the state of Pennsylvania, for example, is expected to impose the new federal rules with relative ease. The state already has existing authority to apply the agency’s plans
Of the states that need to make changes, many more are expected to make it, the association said. Washington, Michigan and Colorado, for example, just need to revise their regulations to comply with the agency’s scheme before the January deadline.
But uncertainties loom as some states flatly refuse to consider the agency’s authority in implementing what they say is an illegal federal intrusion in state concerns.
Background
Previously, acting just after the Supreme Court backing, the agency drafted a plan where businesses emitting more than 100 tons of greenhouse gas annually – including nitrogen oxides and sulfur dioxide – must get a so-called air pollution permit, consistent with the Clean Air Act provisions.
However, some complained that it will be impossible for the agency to issue millions of permits to entities that emit very small amounts of the heat trapping gasses.
The concerns were addressed through a tailoring rule presented in May that tightly controlled emissions from large power plants, oil refineries and factories while shielding small pollutants.
Big, stationary sources responsible for almost 70 percent of greenhouse gas emissions in the United States will be subject to permitting requirements under revised final rule.
Still, recognizing that some states might not be able to develop and submit revisions to their plans before the rule becomes effective next year, the agency asked them to comment until August 2, 2010 on how they intend to implement the changes.
The agency subsequently found that 13 states were not prepared to regulate the heat-trapping emissions from stationary facilities. The states, which were required to have permitting programs and make drastic changes, were Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon and Texas.
Along with this finding was the issuance of a draft rule that that would allow it to take over permitting requirements for states that do not revise or intend not to have programs that comply with the ruling in time.
The proposal raised the eyebrows of a handful of industry groups and states such as Texas, which has consistently opposed the agency’s plans for tougher climate regulations.
Texas Commission on Environmental Quality Chairman Bryan Shaw and Texas Attorney General Greg Abbott accused the agency of forcing states to follow its rules.
They said no changes will be made in their air pollution laws to comply with federal greenhouse gas regulations they deem illegal.
«In order to deter challenges to your plan for centralized control of industrial development through the issuance of permits for greenhouse gases, you have called upon each state to declare its allegiance to the Environmental Protection Agency’s recently enacted greenhouse gas regulations – regulations that are plainly contrary to United States law,» the officials wrote to Administrator Lisa Jackson.
