Easing of clean air regulations wins praise

Easing of clean air regulations wins praise

By ANDY SHER
WASHINGTON BUREAU

WASHINGTON — The Bush administration said Thursday that it intends to ease air pollution rules and make it easier for the Tennessee Valley Authority and other utilities to upgrade and expand their aging coal-fired power plants.

The move drew praise from TVA and other utility industry officials. But environmentalists and some Democrats attacked the plan, saying it will result in dirtier plants operating indefinitely.

TVA, administration officials and environmentalists also disagreed over what impact the decision might have on a TVA lawsuit. TVA is challenging the Environmental Protection Agency's efforts to enforce the same regulations now slated for change.

John Shipp, TVA's manager of environmental policy and planning, welcomed the long-awaited Bush proposal, which was announced by EPA Administrator Christine Whitman.

Mr. Shipp said the EPA's recent interpretations of so-called New Source Review regulations needed revisiting.

"I don't know how this is going to come out," Mr. Shipp said, noting the proposals must go through a rule-making process. "Certainly, some of these things here appear to be laying the groundwork for a more reasonable approach than what EPA has been using for the past two years."

But he said the Bush administration's proposed changes shouldn't affect the outcome of the lawsuit.

"It has no direct impact on the lawsuit," Mr. Shipp said, noting that the lawsuit addresses issues stemming from repairs made years ago. He said the changes announced Thursday deal with future repair on plants.

The lawsuit is pending before the 11th U.S. Circuit Court of Appeals in Atlanta, which heard arguments in the case in May.

Other utilities have filed similar lawsuits.

EPA said the utilities made extensive repairs that have extended the life of their aging coal-fired plants. The agency has threatened to levy heavy fines on the utilities if they do not spend billions of dollars to control sulfur dioxide and smog-causing nitrogen oxide.

TVA and other utilities contend EPA had overreached and tried to force utilities to install costly pollution control equipment because of "routine" maintenance and repairs.

Environmentalists attacked the EPA move.

"It's worse than I thought it would be," said Eric Schaeffer, EPA's former chief enforcement officer who resigned in protest over the issue. "I'd call it a stink bomb. It's got something for everyone if you're a coal-fired plant lobbyist or a refinery."

Stephen Smith, executive director of the Southern Alliance for Clean Energy, also attacked the decision and said it could affect TVA's case.

"If the 11th Circuit wants to take a hall pass on having to make the decision, they can say, 'Well this law is changing and it looks like this was kind of an anomaly,'" Mr. Smith said.

Bill Harnett, EPA's director of the permitting program in the Office of Air, said proposed changes will not affect TVA's lawsuit.

"They violated the rules intentionally," he said of TVA. "That doesn't let them off the hook."

EPA spokesman Joe Martyak likened the situation to a speeder who goes to traffic court and argues that since his offense the speed limit has been changed, he said.

Administration officials said the president's proposed Clear Skies initiative would result in emissions reductions.

White House press secretary Ari Fleischer said the intent is to give industries greater flexibility as they perform repairs maintenance on plants and expand electricity production without having to install a whole range of other emissions controls.

The current regulation, he said, often discourages companies from investing in new pollution reduction projects and other new investment. He said the new approach will actually lead to less pollution, not more.

Sen. Fred Thompson, R-Tenn., said it should reduce emissions by 70 percent. Regarding the NSR regulations, the senator said "they need to be reformed."

The Associated Press contributed to this story.

"Some of these things here appear to be laying the groundwork for a more reasonable approach than what EPA has been using for the past two years."

— John Shipp,
TVA manager of
environmental policy and
planning