The Court of Appeals for the District of
Columbia Circuit ruled in favor of EPA on a set of regulations promulgated
in 1998 and referred to as the "NOx SIP Call." At the same time, EPA is
moving forward on new rules to regulate highway diesel emissions. EPA
argues that these two sets of regulations will help cities to comply with
the newly reinstated, old 1-hour standard for ozone as well as the
contested, new 8-hour standard.
On June 23rd, the D.C. Circuit upheld the NOx
SIP Call, a rule that will require 19 states to reduce emissions of
nitrogen oxide, an ozone smog-producing chemical. The regulation targets
392 coal-burning power plants in these states that are blamed for creating
pollution that drifts into eastern U.S. cities, making it difficult for
those cities to meet air quality standards. This regulation applies to
Alabama, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland,
Massachusettes, Michigan, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West
Virginia, and the District of Columbia. The court has not yet ruled on
whether Georgia, Missouri, and Wisconsin should be required to comply with
the regulation.
Like the NOx SIP Call, the newly proposed set
of regulations for highway diesel engines and fuels will go a long way in
helping cities comply with air quality requirements, EPA argues. As
reported in the May 29 issue of US Mayor, EPA estimates that this proposal
would reduce smog-related emissions by highway diesel vehicles by 90
percent. Five public hearings were held in late June at locations across
the country. At the Chicago hearing, individuals representing a broad
range of groups spoke about the implications of the proposed regulations.
As could be expected, representatives from environmental groups and the
medical profession spoke in favor of the new rules. Interestingly,
however, these voices were joined by those from the Engine Manufacturers
Association, the California Trucking Association, the Alliance of
Automobile Manufacturers, and Daimler-Chrysler who also spoke in favor of
the regulations that would dramatically reduce diesel emissions. Marie
Valentine of Daimler-Chrysler called EPA's proposal "a great first step."
Contrary to claims being made by oil industry representatives testifying
at the hearing, Ms. Valentine stated that "cleaner fuel can be made
available and it is being done at an affordable price."
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