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Environment, Energy and Transportation ProgramClean Air NewsletterA Quarterly Review of Legislation and Air Quality Issues
September 2002
|
FEDERAL ACTIONS |
Latest Air Quality Trends
The U.S. Environmental Protection Agency (EPA) released a report on September 4, entitled Latest Findings on National Air Quality: 2001 Status and Trends. This annual report, which tracks air quality data for the six principal pollutants regulated under the Clean Air Act-carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter and sulfur dioxide-found that, "Since 1970, aggregate emissions of the six principal pollutants tracked nationally have been cut by 25 percent," while " ... the U.S. Gross Domestic Product increased 161 percent, and vehicle miles traveled have increased 149 percent." Although the emissions reductions have been impressive, EPA notes that " ... over 170 million tons of pollution are emitted into the air each year," and that " ... 133 million people live in areas where monitored air in 2001 was unhealthy at times."
Ozone and particulate matter are the pollutants of greatest concern. Improvements in reducing ground-level ozone have been the most dramatic in the Northeast and West, with progress in the South and North Central states lagging behind. According to the report, ozone levels in 33 national parks have increased during the past decade. One contributor to ozone-emissions of nitrogen oxides (NOx)-has increased 9 percent since 1982. EPA does not have sufficient data to draw conclusions about emissions of fine particulate matter (PM 2.5), but early monitoring results suggest that California and states in the Southeast, Mid-Atlantic and Midwest "have air quality that is unhealthful due to fine particles."
The full report is available on EPA's Web site at www.epa.gov/airtrends.
Multi-Pollutant Legislation
Before the August recess, congressional members released the Bush administration's legislative proposal for The Clear Skies Initiative (H R 5266, S 2815). The administration unveiled the legislation somewhat earlier than expected in response to approval by the Senate Environment and Public Works Committee by a 10-9 vote on June 27, of Chairman Jim Jeffords' (I-Vt.) Clean Power Act (S 556). Both proposals provide a cap on emissions of sulfur dioxide, nitrogen oxide and mercury (see March 2002 Clean Air Newsletter for description of Clear Skies Initiative). The Jeffords proposal also includes a cap on carbon dioxide emissions. Because of the Senate's bipartisan opposition to a carbon dioxide cap provision, senators Lincoln Chafee (R-R.I.) and Thomas Carper (D-Del.) are seeking a compromise that would provide carbon dioxide regulatory flexibility. Senator Jeffords plans to hold a hearing on the administration's Clear Skies bill before the end of the session, but sources say it is doubtful the Senate will have floor consideration of either S 556 or S 2815. In the House, Representative Joe Barton (R-Texas), chairman of the House Energy and Air Quality Subcommittee, plans to hold a hearing on Clean Air Act issues this fall, but action on HR 5266 probably will not occur until the 108th Congress convenes in 2003.
For additional information about the status and provisions of the proposed congressional legislation, contact Molly Stauffer in NCSL's Washington, D.C., office at (202) 624-3584 or molly.stauffer@ncsl.org.
Transportation Conformity Rule
The U.S. Environmental Protection Agency (EPA) announced two changes to its transportation conformity rule on July 31. Transportation conformity refers to a requirement in the Clean Air Act (CAA) that transportation and air quality planning be coordinated to ensure that new transportation projects do not " ... produce new air quality violations, worsen existing violations, or delay timely attainment of CAA standards." Transportation projects must be consistent with the provisions contained in a State Implementation Plan (SIP).
The first change implements a CAA amendment passed in 2000 that gives newly designated nonattainment areas "a one-year grace period before conformity applies." The second change in response to a March 2, 1999, ruling by the U.S. Court of Appeals for the District of Columbia affects the timing for determining conformity. It basically buys state and local governments an additional three months of time following submittal of a SIP before the 18-month period within which conformity must be attained begins to toll. This is accomplished by requiring conformity 18 months after EPA determines that a state's motor vehicle emissions budget-"the level of emissions from cars and trucks that the state has determined is consistent with clean air goals"-is adequate, rather than 18 months after the state submits its SIP. The final rule is available online at www.epa.gov/fedrgstr/EPA-AIR/2002/August/Day-06/a19797.htm.
STATE ACTIONS |
California Regulates CO2 Emissions from Motor Vehicles
California enacted legislation in July-Assembly Bill 1493 (Chapter 200, Statutes of 2002)-that regulates carbon dioxide (CO2) emissions from motor vehicles. The legislation requires the California Air Resources Board (CARB) to develop by Jan. 1, 2005, regulations to achieve the "maximum feasible and cost-effective reduction of greenhouse gas emissions" from passenger vehicles and light-duty trucks. CO2 is the primary greenhouse gas, and passenger vehicles and light-duty trucks account for approximately 40 percent of greenhouse gas emissions in the state. The regulations, which will not take effect until Jan. 1, 2006, will apply only to model year 2009 and later vehicles.
AB 1493 stipulates that the regulations " ... provide flexibility, to the maximum extent feasible consistent with this section, in the means by which a person subject to the regulations ... may comply with the regulations." Further, CARB "may not impose any mandatory trip reduction measure or land use restriction" in gaining compliance with the rules. Motor vehicle manufacturers can receive credits for reductions in greenhouse gases achieved before the effective date of the regulations, with the 2000 model year serving as the baseline for measuring reductions. The language contained in AB 1493 is similar to that contained in AB 1058, which passed both houses earlier in the year but bogged down when it came to concurrence in amendments between the Assembly and Senate.
The bill is available online at http://info.sen.ca.gov/pub/bill/asm/ab_1451-1500/ab_1493_bill_20020722_chaptered.pdf.
N.C. Enacts "Clean Smokestack" Law
The North Carolina General Assembly passed, and the governor signed, multi-pollutant legislation in June designed to significantly reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) within 10 years. Senate Bill 1078 (Session Law 2002-4) requires investor-owned utilities that operate coal-fired power plants that collectively emitted more than 75,000 tons of NOx in 2000 to reduce annual emissions to no more than 35,000 tons beginning Jan. 1, 2007, and to 31,000 tons two years later. Owners of power plants that emit less than 75,000 tons of NOx are required to reduce annual emissions to a maximum of 25,000 tons beginning Jan. 1, 2007. For SO2, the legislation requires investor-owned utilities that operate coal-fired power plants that collectively emitted more than 225,000 tons of SO2 in 2000 to reduce annual emissions to no more than 150,000 tons beginning Jan. 1, 2009, and to a maximum of 80,000 tons by Jan. 1, 2013. For those utilities that emit less than 225,000 tons of SO2, the limits are 100,000 tons and 50,000 tons per year by the same respective dates.
The means of achieving the emission reduction limits, which are left to the utilities to decide, may include emissions trading. The bill contains a provision that authorizes the governor to enter into an agreement with an electric utility to voluntarily transfer to the state pollution allowances that the utility may have acquired as part of its compliance with the law. SB 1078 also contains language that retains " ... the obligation of any person to comply with any other federal or state law, regulation, or rule related to air quality or visibility." Further, the legislation does not " ... limit the authority of the Commission to impose specific limitations on the emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) from an individual coal-fired generating unit owned or operated by an investor-owned public utility." Permits also must include conditions "that provide for testing, monitoring, record keeping, and reporting adequate to assure compliance" with the law.
The bill is available online at www.ncga.state.nc.us/html2001/bills/AllVersions/Senate/S1078vc.html.
CARB Actions on MTBE and PM
The California Air Resources Board (CARB) announced on July 25 that it was delaying the state's phase-out of MTBE in gasoline by one year, from Dec. 31, 2002, to Dec. 31, 2003. CARB's chairman, Dr. Alan Lloyd, noted that, "This action gives those refiners who are not ready to fully remove MTBE extra time to adjust to the phase-out and thereby protect California consumers from disrupted supplies and price spikes." California Governor Gray Davis had originally ordered the removal of MTBE through an executive order on March 25, 1999, because MTBE-an oxygenate added to reformulated gasoline (RFG) to reduce air pollution-was contaminating groundwater. California had petitioned the U.S. Environmental Protection Agency (EPA) for a waiver from the oxygenate requirement in 2001, arguing that oxygen in RFG actually increases nitrogen oxide (NOx) emissions. EPA denied the waiver request on June 12, 2001 (see July 2001 Clean Air Newsletter for more detail). Without the waiver, the only viable replacement for MTBE is ethanol that, for the most part, would have to be shipped in from out of state.
In another action, CARB adopted tougher standards for particulate matter (PM) on June 20. Dr. Lloyd emphasized that, "This is an important step because these particles seriously impact human health, particularly infants, children, the elderly and those with existing heart or lung problems." CARB projects that compliance with the new standards would reduce premature deaths by approximately 6,500 annually. New provisions lower from 30 micrograms per cubic meter (ug/m3) to 20 ug/m3 the annual-average standard for PM10 and establish a new annual-average standard of 12 ug/m3 for PM 2.5 (fine particulate matter). The standards are in response to the Legislature's passage of the Children's Environmental Health Protection Act of 1999, which requires CARB to " ... review all existing health-based ambient air quality standards to determine whether, based on public health, scientific literature, and exposure pattern data, these standards adequately protect the health of the public, including infants and children, with an adequate margin of safety."
MEETINGS |
Annual Meeting and NSR Policy
July 23-27, Denver
The National Conference of State Legislatures (NCSL) adopted a policy related to proposed federal changes to the New Source Review (NSR) program at its Annual Meeting in Denver, July 23-27. The policy appears below.
"The National Conference of State Legislatures (NCSL) urges the Environmental Protection Agency (EPA) to reform the NSR program to achieve improvements that enhance the environment and increase production capacity, while encouraging efficiency, fuel diversity and the use of resources without weakening the requirements intended to reduce emissions from new or modified sources of air pollution.
Routine maintenance, repair or replacement activities which are not major modifications should not trigger NSR requirements."
For additional information regarding NCSL's NSR policy, contact Molly Stauffer in NCSL's Washington, D.C., office at (202) 624-3584 or e-mail molly.stauffer@ncsl.org.
Regional Haze
September 19, Denver
The National Conference of State Legislatures held an intensive one-day seminar for western state legislators on air quality issues surrounding the Environmental Protection Agency's Regional Haze Rule. The seminar was designed to provide legislators with an avenue for input into policymaking on critical air quality issues that have been under the purview of the Western Regional Air Partnership (WRAP).
WRAP is a collaborative effort of states, tribes and federal agencies that was set up to develop technical and policy options to comply with the Regional Haze Rule and to implement recommendations to achieve a 50 percent to 70 percent reduction in sulfur dioxide (SO2) emissions by 2040. Although they represent states, legislators have not been part of the WRAP process. However, as the WRAP nears deadlines for making policy recommendations, legislatures will be asked to consider these policies. The seminar topics included the following issues:
• Requirements and options for states under EPA's Regional Haze Rule.
• WRAP responsibilities and objectives.
• SO2 annex and emissions trading program, fire, and renewable energy/energy efficiency.
• State implications of a federal court ruling on source controls and technology options.
• State legislation under the Regional Haze Rule.
For additional information about the regional haze meeting, contact Larry Morandi at (303) 364-7700, or e-mail to larry.morandi@ncsl.org.
STATE LEGISLATION |
The 2002 state legislative sessions are nearly over; 80 percent of the states have adjourned. With the exception of New Jersey and Virginia, bills that have not passed by the end of this year must be reintroduced in 2003. Unlike 2001, when concerns over energy supply and the air quality effects of accelerated electricity generation were prevalent, no dominant air quality issue has been addressed by legislatures this year. Among the 10 categories of bills being considered are those dealing with incentives for alternative fuel vehicles; phasing out the use of MTBE; multi-pollutant strategies that package emissions reductions for sulfur dioxide, nitrogen oxides, mercury and carbon dioxide; emissions trading; regional haze; motor vehicle emissions testing; electricity generation; greenhouse gas emissions; judicial review; and air quality standards. The following summaries are limited to bills that have been enacted (or are awaiting the governor's signature), are still alive in legislatures that have not yet adjourned, or have been carried over for consideration in 2003.
Summaries of Selected 2002 State Air Quality Bills
|
State |
Category |
Bill Number |
Status |
Description |
|
Arizona |
Alternative Fuel |
HB 2103 |
Enacted |
Expands the definition of "clean burning fuel" to include a diesel fuel that contains a maximum of 15 parts per million by weight of sulfur, meets American Society for Testing and Materials standard, meets EPA's registration requirements for fuels and additives (section 211 of the federal Clean Air Act), and is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California Air Resources Board (CARB) for use with that engine and application to reduce particulate emissions. |
|
Arizona |
Motor Vehicle Repair/Retrofit |
HB 2442 |
Enacted |
Sets a limit of $10,000 on the total amount of money an owner of diesel vehicles registered as a fleet can receive to repair and retrofit the vehicles under the voluntary vehicle repair and retrofit program, known as V2R2. Limits to 25 percent the portion of V2R2 funds that can be used on the diesel portion of the program in any year. |
|
Arizona |
Regional Haze |
HB 2585 |
Enacted |
Authorizes the Department of Environmental Quality (DEQ) to submit to EPA a state implementation plan (SIP) to address regional haze visibility impairment in mandatory federal class I areas under the federal Clean Air Act. Allows DEQ to participate in interstate regional haze programs established by the Western Regional Planning Organization. Requires the DEQ director to submit the regional haze SIP to EPA, including provisions such as monitoring strategy and pollution prevention. |
|
California |
Greenhouse Gas Emissions |
AB 1493 (Replaces AB 1058) |
Enacted |
Requires the Air Resources Board to develop regulations to reduce carbon dioxide emissions from motor vehicles by Jan. 1, 2005, with an effective date no earlier than Jan. 1, 2006. Applies to vehicles beginning with 2009 model year. |
|
California |
Alternative Fuel |
AB 2461 |
Passed both Houses; to Governor |
Extends until Jan. 1, 2009, provisions of the Vehicle License Fee Law relating to low emission vehicles. The law exempts from the determination of market value the incremental costs that are incurred relative to a new light-duty motor vehicle propelled by an alternative fuel that is certified as producing emissions that meet or are lower than the standards for ultra-low emission vehicles. |
|
California |
Alternative Fuel |
AB 2774 |
Passed both Houses; to Governor |
Requires the California Environmental Protection Agency and Resources Agency to convene a task force to develop and design the ongoing structure, plan, funding and content for a public information and education campaign to encourage the use of advanced technology light-duty vehicles that significantly reduce emissions of criteria pollutants, greenhouse gases, and toxic air contaminants in comparison to the average light duty vehicle. These provisions would be repealed Jan. 1, 2007. |
|
Colorado |
Motor Vehicle Emissions Testing |
HB 1338 |
Enacted |
Increases from $15 to $22 the statutory cap for a basic emissions test and for an enhanced emissions test for model year 1981 and older vehicles. Increases such cap $1 each year until the year 2005, when the cap becomes $25 for all vehicles. |
|
Connecticut |
Emissions Trading |
HB 5209 |
Enacted |
Limits, as of Jan. 1, 2004, the use of emissions credit trading as a means of meeting Department of Environmental Protection (DEP) regulatory standards for sulfur dioxide emissions from older power plants. Allows trading only when the DEP commissioner orders its use to offset excess emissions when the standards are suspended due to a shortage of low-sulfur fuel. Codifies emissions standards scheduled to go into effect Jan. 1, 2003. |
|
Connecticut |
Motor Vehicle Emissions Testing |
SB 20 |
Enacted |
Among other provisions, expands the definition of an official emissions inspection station to include any such facility approved by the commissioner of motor vehicles; includes those located on the premises of a licensed dealer or repairer. |
|
Florida |
Electricity Generation |
HB 1601 |
Enacted |
Redefines the term "environmental compliance costs" to include certain costs related to air quality. Includes costs prudently incurred by an electric utility pursuant to an agreement entered into prior to Jan.1, 2003, between the utility and the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency for the purpose of ensuring compliance with ozone ambient air quality standards by an electric generating facility owned by an electric utility. |
|
Idaho |
Greenhouse Gas Emissions |
SB 1379 |
Enacted |
Provides for the creation of the Carbon Sequestration Advisory Committee and the Carbon Sequestration Assessment Fund. The 41-member committee will recommend policies or programs to enhance the ability of Idaho agricultural and nonindustrial private forest landowners to participate in systems of carbon trading. |
|
Indiana |
MTBE |
SB 381 |
Enacted |
After July 23, 2004, gasoline sold or used in Indiana may not contain more than 0.5 percent by volume of methyl tertiary butyl ether (MTBE). |
|
Illinois |
MTBE |
HB 3768 |
Enacted |
Amends the MTBE Elimination Act; provides an exception to the MTBE prohibition in motor fuel when the fuel contains only a trace amount. |
|
Kentucky |
Motor Vehicle Emissions Testing |
HB 618 |
Enacted |
Requires certain air pollution control district boards to develop plans to meet the requirements of the National Ambient Air Quality Standards without the use of a vehicle emission testing (VET) program. Requires the establishment of VET program review groups in counties that are not in attainment of national standards. |
|
Maryland |
Judicial Review |
HB 5 |
Enacted |
Expands legal standing to seek review of final decisions issued by the Department of Environment on air quality operating permits. |
|
Maryland |
Judicial Review |
SB 248 |
Enacted |
Expands legal standing to seek review of final decisions issued by the Department of Environment on air quality operating permits. |
|
Missouri |
Emissions Trading |
SB 1163 |
Enacted |
Revises the air emissions banking and trading program by clarifying use of air emission reduction credits. For air emission reduction credits to be tradable between sources, the air emission reduction credits would be based on air emission reductions that occur after Aug. 28, 2001, or must be credits that exist in the current air emissions bank. |
|
New Hampshire |
Multi-Pollutant Strategy |
HB 284 |
Enacted |
Establishes a cap-and-trade program to reduce emissions of nitrogen oxides, sulfur dioxide, mercury and carbon dioxide from fossil fuel-fired power plants in the state. The legislation sets the levels of the emissions caps, which must be achieved by Dec. 31, 2006. |
|
New Jersey |
Alternative Fuel |
AB 409 |
In Assembly Committee |
Directs the Department of Environmental Protection to adopt rules and regulations necessary to implement Phase II of the California Low Emission Vehicle program in New Jersey beginning in 2006. |
|
New Jersey |
Alternative Fuel |
AB 417 |
In Assembly Committee |
Establishes a corporate business tax credit for 15 percent of the cost of purchasing alternative fuel vehicles or alternative technology vehicles during privilege periods beginning on or after January 1 of the year following enactment. Defines alternative fuel and excludes from the definition reformulated gasoline required to be sold under the federal "Clean Air Act Amendments of 1990." |
|
New Jersey |
Alternative Fuel |
AB 2186 |
In Assembly Committee |
Establishes a sales tax exemption for motor vehicles certified as super-ultra-low emissions vehicles, partial zero emissions vehicles and zero emissions vehicles for purposes of the Phase II California Low Emissions Vehicle Program. The sales tax exemption would not take effect until SB 121 is enacted. The tax exemption would expire on Dec. 31, 2009. |
|
New Jersey |
Alternative Fuel |
SB 121 |
In Senate Committee |
Companion bill to AB 409. |
|
New Jersey |
Alternative Fuel |
SB 771 |
In Senate Committee |
Companion bill to AB 417. |
|
New Jersey |
Alternative Fuel |
SB 791 |
In Senate Committee |
Companion bill to AB 2186. |
|
New Jersey |
MTBE |
AB 941 |
In Assembly Committee |
Prohibits the sale of gasoline containing methyl tertiary butyl ether (MTBE) in New Jersey after Jan. 1, 2004. Requires the Department of Environmental Protection to apply to the U.S. EPA for a waiver from oxygen content requirements for gasoline for the purpose of discontinuing the use of MTBE as a gasoline additive. Establishes the Transportation Energy Security Council to monitor, study and assess the effort and progress of the oil industry to replace MTBE in gasoline. Requires the council to report its findings to the governor and recommend to the governor that the prohibition on MTBE be enforced beginning Jan. 1, 2004, or, if the council believes that the oil industry is making a good faith effort to replace MTBE but will not meet the deadline, the effective date may be extended to a date recommended by the council. The council expires on July 1, 2004, or six months after the extended effective date. |
|
New Mexico |
Alternative Fuel |
SB 18 |
Enacted |
Requires state agencies and educational institutions to acquire vehicles capable of operating on alternative fuel, and requires reporting of such acquisitions by state agencies. Amends the definition of alternative fuel to include a fuel mixture containing not less than 20 percent vegetable oil. |
|
New York |
Mercury |
AB 5203 |
Passed Assembly; in Senate Committee |
Directs the commissioner of environmental conservation to develop standards for mercury emissions reduction and to develop methods to measure mercury emissions. Directs the commissioner to report on emissions reductions. Establishes a new mercury emission reduction program. Requires the reduction of mercury emissions from power plants and incinerators to be reduced by 90 percent by January 2007. |
|
New York |
Multi-Pollutant Strategy |
AB 5577 |
Passed Assembly; in Senate Committee |
Requires the Department of Environmental Conservation (DEC) to include mercury air emissions in the general comprehensive plan for air pollution. Requires the DEC to create rules for the abatement of nitrogen oxide, sulfur dioxide and carbon dioxide emissions. Establishes regulation of power plant emissions and sets performance standards for them. |
|
New York |
Multi-Pollutant Strategy |
SB 2941 |
In Senate Committee |
Companion bill to AB 5577. |
|
New York |
Alternative Fuel |
AB 6646 |
In Assembly Committee |
Provides a sales and compensating use tax exemption for retail sales of new motor vehicles that meet "clean vehicle" standards. A vehicle will meet these standards only if, among other criteria, it meets exhaust emissions standards for super-ultra-low emissions vehicles that the state of California has adopted. The law will expire on Nov. 30, 2006. |
|
New York |
Alternative Fuel |
AB 9626 |
In Assembly Committee |
Establishes a sales and compensating use tax credit for fuel-efficient vehicles, zero-emitting vehicles, flexible fuel vehicles and alternative fuel vehicles. Creates tax credits against personal income tax and corporate franchise tax for the purchase of such vehicles. |
|
New York |
Alternative Fuel |
AB 11749 |
Passed both Houses; in Assembly for concurrence with amendments |
Would exempt from state and local sales taxes $3,000 of the price of certain hybrid-electric vehicles. Would authorize purchasers of vehicles to receive a $2,000 personal income tax credit or corporate tax credit. |
|
New York |
Alternative Fuel |
SB 3637 |
In Senate Committee |
Companion bill to AB 6646. |
|
North Carolina |
Multi-Pollutant Strategy |
SB 1078 |
Enacted |
Requires investor-owned utilities that operate coal-fired power plants that collectively emitted more than 75,000 tons of NOx in 2000, to reduce annual emissions to 35,000 tons in 2007, and to 25,000 tons in 2009. Owners of power plants emitting less than 75,000 tons of NOx must reduce annual emissions to 25,000 tons in 2007. Requires power plants that emitted more than 225,000 tons of SO2 in 2000 to reduce annual emissions to 150,000 tons in 2009, and to 80,000 tons in 2013. For those utilities emitting less than 225,000 tons of SO2, the limits are 100,000 tons and 50,000 tons per year by the same respective dates. |
|
North Carolina |
Low-Sulfur Fuel |
HB 1308 |
Enacted |
Delays compliance with the state's low-sulfur fuel requirements by two years to mesh with new federal gasoline standards that go into effect in 2006. |
|
Ohio |
MTBE |
HB 425 |
Enacted |
Prohibits the sale of gasoline containing more than 0.5 percent of methyl tertiary butyl ether (MTBE) after July 1, 2005. The prohibition will not be in effect unless the U.S. EPA grants a waiver allowing Ohio to control or prohibit the use of MTBE in motor vehicle fuels. The Ohio director of environmental protection must apply for this waiver. |
|
Tennessee |
Air Quality Standards |
SB 2949 |
Enacted |
Authorizes the Air Pollution Control Board to issue permits that are consistent with rules of the board and contain provisions at least as stringent as all federal requirements under the Clean Air Act. This includes, but is not limited to, all standards and requirements relating to new sources, Title V permitting and hazardous pollutants. |
|
Virginia |
Electricity Generation |
SB 389 |
In Senate Committee; carried over to 2003 session |
Requires the Department of Environmental Quality to develop a plan, no later than Sept. 1, 2002, to study the environmental impacts of proposed electrical generating facilities. Also requires the department to increase the number of ozone monitoring stations. Directs the department to place these ozone monitoring stations in the regions of greatest permitting activity, if funding exists. |
|
West Virginia |
Air Quality Standards |
HB 4163 |
Enacted |
Authorizes the Division of Environmental Protection to promulgate legislative rules regarding ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide and ozone. Further authorizes the division to promulgate legislative rules regarding standards of performance for new stationary sources pursuant to 40 CFR Part 60; acid rain provisions and permits; and a NOx budget trading program to control and reduce nitrogen oxides. |
Source: National Conference of State Legislatures, September 2002.
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