Understanding the New Air Pollution Rules

Date01 February 2011
2-2011 NEWS & ANALYSIS 41 ELR 10079
Understanding the New
Air Pollution Rules
Editors’ Summary
e U.S. Environmental Protection Agency embarked
on an ambitious schedule of air pollution rulemaking
following the vacatur of several Bush Administration
rulemakings. e “transport rule” seeks to cap inter-
state emissions of sulfur dioxide (SO2) and nitrogen
oxides (NOx) from power plants to replace the Clean
Air Interstate Rule (CAIR). Also scheduled are: a plan
to review and update hazardous air pollution rules
covering 28 types of industrial facilities; rules limiting
mercury and other toxic emissions, including arsenic,
dioxins, and hydrochloric acid; national health stan-
dards for ozone; and BACT standards that will likely
address greenhouse gases. On October 20, 2010, at
ELI’s Fall Practice Update, panelists discussed how
these various rules interrelate and how they might t
with legislative developments in the next two years.
Chuck Knauss, Partner, Bing ham McCutchen LLP
Michael J. Bradley, President, M.J. Bradley & Associates
Robert D. Brenner, Director, Oce of Policy Analysis
and Review, Oce of Air and Radiation, U.S. EPA
John Walke, Clean Air Director/Senior Attorney, Natural
Resources Defense Council
Rebecca Leamon: Our moderator is Chuck Knauss. He
is a partner at Bingham McCutchen in Washington, D.C.,
where he represents companies and trade associations in
environmental permitting, rulemak ing, litigation, com-
mercial, and legislative matters. He is nationally recog-
nized as an authority on the Clean Air Act (CAA).1 He has
25 years of experience addressing all aspects of this federal
statute, including several years as counsel to the U.S. House
of Representatives Committee on Energy and Commerce,
where he was named in the ea rly 1990s as a Senior GOP
Aide handling the Comprehensive 1990 CAA Amend-
ments. Richard Cohen’s history of the 1990 Amendments,
Washington at Work: Back Rooms and Clean Air, noted that
Chuck “was probably the most inuential Republican on
the legislation.” Chuck founded and is counsel to the Air
1. 42 U.S.C. §§7401-7671q, ELR S. CAA §§101-618.
Permitting Forum, a group of Fortune 50 companies that
develops practical and eective advice for all aspects of the
permit process, including applications, negotiations, per-
mit terms, certications, appeals, revisions, and remedies.
I. Introductions and Overview
Chuck Knauss: ank you, Rebecca, for those kind words.
I hope everybody was able to attend last night. I’ve been to
many of these functions over the last 20 years or so, and I
thought last night’s was particularly good. It was well run
and it got people to the bar in time to watch the Yankees
get pummeled. But I thought Administrator [Lisa] Jack-
son’s remarks preceded by former Administrator [William
K.] Reilly’s remarks were really quite good.
I’m really delighted to be on t his stage today with the
panel we have. It’s a terric group, a nd it’s very timely. I
think, Rebecca, you noted 25 years. Unfortunately, I think
it’s now 30 years. e thing is a little bit out of date. irty
years I’ve been at t his, and in those 30 years, I have never
seen a period with so much going on. is is a result of not
only t his Administration reconsidering a lot of the prior
Administration’s decisions, but also because the statute
requires a number of things to get done on certain time-
tables, and the Agency is being held to those timetables by
interested parties through citizen suits and the like.
So, just NAAQS [national ambient air quality stan-
dards] are really almost a microcosm of it, but we are
going to be seeing ve NAAQS within three years, and
those NAAQS, of course, each come with designations and
implementation rules and all the rest. Put that on top of
§202 tailpipe regulations…and the Tailoring Rule. Couple
that with t he §112 technology reviews and §112(f)(2) risk
reviews, a s well as EPA's position that it has to look back
again at a few §112(d) underlying standards. ere is just
an awf ul lot that has happened, and there is an awful lot
more that is going to happen.
Our rst speaker today is going to talk a little bit about
how the Agency is trying to grapple with this snowball of
regulations that are aecting the reg ulated community,
but also the states. Timelines for states are being truncated
dramatically, looking at their SIPs [state implementation
plans] in light of the new requirements.
Rob Brenner joined t he Agency in 1979, so it wa s two
years after the 1977 Amendments, so he was there during
the rollout of the 1977 Amendments all during the 1980s.
He was a primary Agency participant in the 1990 Amend-
Copyright © 2011 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.

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