Environment Update
June 12, 2002
Volume III, Number 5
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The information below is based on a June 12, 2002 meeting with Jeffrey Holmstead, Assistant Administrator for Air and Radiation, U.S. Environmental Protection Agency (EPA) and representatives from several state, local and tribal groups. Mr. Holmstead has made a commitment to hold these meetings at least once a quarter.
Non-Road Diesel Rule
This is the biggest regulatory priority for the administration, according to Mr. Holmstead. EPA expects to have a formal proposal ready for publication, January 2003. There is no stated intention to weaken the existing on-road vehicle rule. The most favored approach at this time is to require a reduction to 15 parts per million in the sulfur content in diesel fuel used by non-road diesel vehicles. The requirement will be phased in from 2007-2010. This is the same standard adopted in 2000 for buses and heavy duty trucks. EPA is looking to include incentives to go beyond the standard they set.
Concerns have been voiced that the Office of Management and Budget (OMB), an office that reviews proposed federal rules prior to publication, is serving in an unusual capacity and may actually be playing a role in the development of this rule as part of its efforts to assess and reform the federal regulatory process. Mr. Holmstead stated, "[EPA} is not handing over its rulemaking authority [to OMB]." This new collaboration allows EPA to provide OMB pieces of the proposal in advance, thereby, expediting the review process. EPA staff further commented that although OMB can suggest regulatory reforms to EPA, EPA is under no legal authority to act on those recommendations.
Clear Skies Initiative
The week of June 17, 2002, EPA will make available information, based on modeling, on the benefits of the Clear Skies Initiative. This information has been developed on a state-by-state, and a region-by-region basis. The regional EPA offices will have the information.
As for the status of the Clear Skies proposal, EPA has developed legislative language but is trying to figure out the best way to use it. Their current thinking is to work with Senate and House staff to see if they will consider developing their own legislation based on the proposal. Because Senator Jeffords (I-Vermont) already has proposed legislation, which differs dramatically from the administration's Clear Skies, EPA may decide to focus their efforts in the House. They do expect to have detailed legislative language introduced before the end of the year.
New Source Review (NSR) Program
There are several activities underway. First, as required by the administration's energy report, EPA is conducting an
evaluation of the NSR program and the impact it has on energy supply and efficiency. The report should be released within the next month and will include suggested NSR reforms. Second, EPA is planning to finalize, later this summer, a rulemaking package based on proposals from 1996 and 1998 to reform NSR. Third, EPA will propose new rules on a host of NSR reforms, to include routine maintenance, repair and replacement.
Mark Your Calendar!
NCSL Annual Meeting
July 23-27, 2002 Denver, Colorado
More Information at: http://www.ncsl.org/am02/
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NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Committee Assistant
(202)624-8695 |
