August 27, 2003

Contact: Michael Fiorentino, Esq.
215-567-4004 x238

BUSH EPA TO GUT CRITICAL AIR QUALITY PROTECTIONS
Unprecedented Clean Air Act Rollback Must Be Challenged

PHILADELPHIA - The U.S. Environmental Protection Agency (EPA) is expected later today to issue the most significant rollback of clean air protections in our nation's history. The anticipated final "Routine Maintenance Repair & Replacement" rule would allow power plants and other major industrial facilities to make virtually any change to their facilities-even ones that increase pollution-without having to install new pollution controls.

These changes would make permanent the "grandfather loophole" that lets America's oldest and dirtiest power plants, refineries, steel mills and factories avoid installing modern pollution controls. The changes are widely expected to result in major increases in the emissions of key air pollutants from thousands of industrial plants around the nation, and hundreds here in Pennsylvania.

"The EPA's new rule runs directly counter to the Clean Air Act's purpose-it allows antiquated plants to stay dirty indefinitely even though the law requires eventual improvements," said Joseph Otis Minott, Esq., Executive Director of Clean Air Council. "With this rule, the Bush Administration is protecting the profits of major polluters over the health of millions of Americans," Minott continued. "It's a shame that kids with asthma aren't as politically well-connected as the oil and electric industries are."

New Source Review, or NSR, is a Clean Air Act provision that imposes modern pollution control technology standards on new facilities and on existing plants that make physical changes that result in emissions increases. NSR applies to more than 17,000 major industrial facilities nationwide, addressing harmful pollutants such as nitrogen oxides, sulfur dioxide, volatile organic chemicals, particulate matter (soot), and others. As many as 800 plants in Pennsylvania may be affected.

Less than two dozen grandfathered power plants in Pennsylvania alone are responsible for an estimated 2,200 premature deaths from emissions annually. "This horrible toll will continue to be taken because the Bush Rule ensures the excess emissions from power plants will not be cleaned up," said Minott.

Under this Administration, the EPA adopts a similar position as that taken by many of the polluting industries that shaped the Cheney Energy Task Force report in 2001: that existing NSR rules prevent efficiency improvements that would lower emissions. Yet this contradicts EPA's own assessments about NSR.

"It's deeply troubling that EPA aligns with industry on this issue, when they know full well that plants can proceed with efficiency projects to their heart's content without NSR requirements unless pollution actually increases significantly," said Michael Fiorentino, Esq., Air Program Manager for Clean Air Council. "Anyone doubting the importance and success of the NSR
program must confront the 300 million tons of avoided emissions that NSR-driven pollution control improvements have achieved according to a 2001 EPA memo."

EPA's new rule is almost certain to face considerable legal challenges. Clean Air Council will be urging the Commonwealth to join other states such as New York in a court challenge of today's anticipated rollbacks. The Council is also planning for legal action in conjunction with other environmental organizations.

Today's anticipated EPA action comes on the heels of a U.S. District Court decision in Ohio earlier this month finding that numerous activities of Ohio Edison (First Energy) at its massive Sammis power station just beyond the Pennsylvania border in Ohio violated the Clean Air Act's New Source Review provisions. (U.S. v. Ohio Edison Co., Case No. 299-CV-1181). This lawsuit was filed in 1999 as part of an enforcement initiative by then-EPA Administrator Carol Browner against 51 power plants alleged to have violated NSR.

"The Court has clearly stated that EPA's existing NSR rules and enforcement are fully legitimate, and that violations will not be tolerated," said Minott. "EPA is moving in the wrong direction by abandoning its rules and subjecting downwind regions to tens of thousands of tons of excess pollution. This Administration seems uninterested in upholding the law as it is written, to protect the health of the people," Minott concluded.

Under the category of "Routine Replacement," the Rule is expected to allow the following activities to escape NSR pollution control upgrades:

*expenditures of up to 20% of the value of the entire unit
*each and every year
*regardless of impact on emissions totals.

"EPA's expected rule will essentially allow companies to rebuild their entire operations over the course of five years, without investments in modern pollution controls," said Fiorentino. "That's not only a disaster for the environment and human health; it stifles competition by giving a massive advantage to the old-line industries over newer, more-innovative industrial players who will still be required to install current emissions technologies."

"Unless the Administration's actions can be stopped in the courts, it will be up to Congress to step in once and for all," said Minott. "It is high time to set a date for cleaning up the nation's number one source of industrial pollution-grandfathered power plants."

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Clean Air Council is Pennsylvania's oldest environmental non-profit organization, dedicated to protecting everyone's right to breathe clean air. The Council uses education, advocacy and government oversight in pursuit of this goal. Its offices are located in Philadelphia, Harrisburg and Wilmington