May 2010

Senator Lindsey Graham (R-S.C.), who until recently was heavily involved in negotiating the Kerry-Lieberman climate bill released earlier this month, said this week that a climate bill focused only on power plants may be the best way to proceed.  Senator Graham apparently thinks that the Kerry-Lieberman bill, which includes provisions intended to reduce transportation emissions that critics have labeled a "gas tax", will not be able to get the support it needs to pass a Republican filibuster in the Senate. read more

On Wednesday, EPA Region IX disapproved ADEQ's request to treat four exceedances of the National Ambient Air Quality Standard ("NAAQS") for PM-10 during 2008 as "exceptional events".  A large portion of Maricopa County has been classified as a non-attainment area for PM-10 (particles of dust 10 microns or smaller) since 1996.  Under the Maricopa Association of Governments ("MAG") 2007 Five Percent Plan for PM-10, the goal for the non-attainment area was to have no more than three violations of the PM-10 NAAQS in the three-year period 2008-2010.  After registering these violations at the West 43rd Avenue monitoring station in southwestern Phoenix, ADEQ concluded that the high levels of dust were due to "exceptional events" (i.e., dust storms) rather than human activity and requested EPA to concur in that determination.  EPA's finding that the exceedances were not caused by exceptional events, means that the Maricopa County non-attainment area will not be able to demonstrate attainment of the PM-10 NAAQS by 2010. read more

The Solar 2010 National Conference, an annual event of the American Solar Energy Society (ASES), opened Monday, May 17 at the Phoenix Convention Center. Approximately 2,500 industry professionals have attended the week-long gathering, which features hundreds of vendors from all sectors of the solar industry.  Participants have included rooftop installers, manufacturers of solar water heaters, and builders of large-scale solar power plants.  A major sponsor of the event is Arizona Public Service Co., which offers rebates to electricity customers who install solar systems for their homes and businesses. read more

On May 12, Senators John Kerry (D-MA) and Joe Lieberman (I/D-CT) unveiled their much-anticipated cap-and-trade bill (known to opponents as "cap-and-tax").  Senator Kerry declared his hope that the legislation, titled the American Power Act (APA), will reach the Senate floor by June or July, which may be the last opportunity to pass a climate bill before the mad dash to the November midterm elections.  The lone Republican to have a hand in drafting the bill, Senator Lindsey Graham (R-SC), was not present at the unveiling, having withdrawn his support last month over concerns about the interference of immigration politics. read more

On May 13, 2010, EPA issued a final rule (the so-called "Tailoring Rule") that will impose the first greenhouse gas (GHG) emission controls on large stationary sources.  Starting January 1, 2011, any new or modified source that is already subject to the federal Prevention of Significant Deterioration (PSD) must identify and adopt Best Available Control Technology (BACT) to control GHGs, if the project increases GHGs by 75,000 tons per year (tpy) or more.  On July 1, 2011, any new source with GHG emissions of 100,000 tpy, or any modified source that will increase GHG emissions by 75,000 tpy must go through PSD permitting and implement BACT to control GHG emissions. read more

On May 4, 2010, the EPA proposed the first-ever federal rules to regulate "coal combustion residuals" (more commonly known as coal ash waste), which are the byproduct of burning coal to produce power.  The large volumes of coal ash generated by power plants may be disposed of either in solid form at landfills or in liquid form at large surface impoundments.  Coal ash may also be recycled for beneficial uses, including use in cement, concrete, and wallboard.  In its press release, the EPA stated that coal ash waste contains "contaminants like mercury, cadmium, and arsenic, which are associated with cancer and various other serious health effects" and opined that without proper disposal safeguards, these toxins could leach into groundwater and migrate to drinking water sources. read more