September 2010

The EPA has proposed to disapprove part of the most recent air quality plan revisions for Maricopa County, Arizona, the so-called "Five Percent Plan."  If the disapproval goes into effect, the state will be at risk for sanctions under the Clean Air Act (CAA), including restrictions on federal highway funding, unless deficiencies are corrected to the EPA's satisfaction within two years.  The Maricopa County area, which includes metropolitan Phoenix, has been considered by the EPA to be in "nonattainment" for coarse particulate matter (PM-10) since 1996.  In 2007, after falling into "serious nonattainment," the State of Arizona submitted a plan to reduce PM-10 by five percent each year until the applicable National Ambient Air Quality Standard (NAAQS) was attained.  The EPA's decision this month to propose disapproval of part of the Five Percent Plan is largely a result of two significant problems with the plan in the EPA's view.  First, the EPA says that the state relied on an inadequate inventory of emissions sources, with too heavy a focus on the construction industry to the exclusion of other sources.  Second, the EPA disapproved a request by the Arizona Department of Environmental Quality (ADEQ) to treat as "exceptional events" four exceedances of the PM-10 NAAQS at a monitoring station in southwestern Phoenix. read more

On Tuesday, Sen. Jeff Bingaman (D-NM) proposed a national renewable electricity standard (also called a renewable portfolio standard) as a stand-alone bill with some GOP support.  The standard would require electric utilities who sell more 4 million MW-hrs per year to generate at least 15% of their electricity from renewable sources by 2021.  Supporters view a national RES as a way to encourage the development of renewable energy in light of Congress' rejection of the broader and more ambitious energy bill proposed earlier this year by Sens. Kerry (D-MA) and Lieberman (I-CT). The proposed RES is expected to have much lower costs than Kerry-Lieberman's cap-and-trade scheme although it will also do much less to reduce greenhouse gas emissions. read more

This Thursday, Sept. 9, Power-One, Inc. announced its decision to open a solar and wind inverter manufacturing facility in Phoenix.  Power-One is the sixth renewable energy company to locate in the Valley of the Sun since the state enacted a tax incentive program for such companies last year.  Inverters manufactured by the Southern California-based company are used to convert direct current electricity from renewable sources like photovoltaic panels and wind turbines into alternating current electricity, as required to power electrical devices. read more

The Arizona Corporation Commission announced last week the official launch of the Arizona Goes Solar website, a one-stop resource for Arizona consumers and businesses looking for information about solar projects going on around the state and available incentives for adoption of solar energy technology.  According to the website, Arizona Goes Solar is a "collaborative effort led by the Arizona Corporation Commission and implemented by the electric utilities in Arizona." read more

Acting Solicitor General, Neal Katyal, filed a brief with the Supreme Court last week, asking the Court to vacate the 2nd Circuit's ruling in American Electric Power v. Connecticut, and to remand the case for reconsideration in light of the EPA's progress in implementing greenhouse gas regulations.  The move reportedly surprised the plaintiffs and environmental groups who were hoping for the Obama administration's support in the case, which seeks to impose an injunction on six of the largest carbon emitters in the country. read more