Tuesday, February 23, 2010

EPA's Jackson Delays New GHG Regulations; Testifies Today

EPA Administrator Lisa Jackson said in a letter to eight coal-state Democratic senators that the agency would delay imposing new GHG regulations on power plants and refineries until late 2011 at the earliest, the Wall Street Journal reported today. However, between 2011 and 2013, Jackson said she expects "the threshold for permitting will be substantially higher than the 25,000-ton limit that EPA originally proposed."

Jackson added that in the first half of 2011, new rules would impact "emitters already required to apply for new construction and modification permits under the Clean Air Act," wrote the Journal. Jackson told the senators: "I share your goals of ensuring economic recovery at this critical time and of addressing greenhouse gas emissions in sensible ways that are consistent with the call for comprehensive energy and climate legislation," the New York Times reported today.

Natural Resources Defense Council policy director David Doniger was quoted as saying: "These answers from Lisa Jackson hopefully will reassure the authors of the letter that the EPA is proceeding in a very measured way and doing what is achievable and affordable to curb global warming pollution and focusing as they should on the biggest sources like power plants and not small businesses."

Jackson had said in the letter that small businesses would not be targeted until 2016, the Washington Post reported today.

The Post quoted Jeffrey R. Holmstead, a lawyer at Bracewell & Giuliani who represents several companies that would be regulated under Jackson's plan, that the "way that she is proposing to do this will be litigated every step of the way. There's nothing that requires they regulate greenhouse gas emissions from cars or trucks this year or next year, or the year after. They clearly have enormous discretion in figuring out the timing of any regulation."

Greenwire reported Jackson was scheduled to testify today before the Senate Environment and Public Works Committee and on Wednesday before the House Appropriations Subcommittee on the Interior to explain Obama's $10-billion budget request for EPA in fiscal 2011. Although the amount was less than EPA's budget for 2010, it includes $56 million for regulatory efforts to reduce GHG emissions.