The District of Columbia Public Service Commission successfully has used two little known provisions in the Federal Power Act (FPA) to prevent an aging generating plant crucial to the national capital region’s reliability from being abruptly shut down by Virginia’s environmental regulators. In the end, the immediate threat to the region’s reliability was obviated while the environmental concerns associated with the plant were not ignored. The action resulted in a model for how federal energy regulators and environmental regulators can address similar problems in the future.

Why doesn’t its interpretation of the Clean Air Act consider the most low-emission coal plant technologies?

Currently, 132 areas do not meet the new National Ambient Air Quality Standards for fine particles or ozone, affecting some 160 million people, or 57 percent of the U.S. population. What efforts are under way by the EPA to bring these areas into compliance?

How will the EPA's rulemaking affect U.S. energy markets?

With President Bush's Clear Skies program stalled in Congress, it is increasingly unlikely that a multi-pollutant regulatory package will receive congressional approval in the near future. In addition to providing another source of frustration for the Bush administration, the delay also forces the Environmental Protection Agency (EPA) to propose regulations controlling mercury emissions.

Benchmarks

Will the changes help or harm generators?

New rules revising the New Source Review (NSR) provision of the Clean Air Act recently were published. The action formalized a process begun several years earlier with the objective of bringing greater clarity to the rule. The new rule is aimed at allowing operators to upgrade equipment at existing power plants without triggering NSR.

Fossil Fuel Politics

 

 

How the New Congress Might Change the Mix

The 108th Congress will very likely resurrect the comprehensive energy and environmental legislation introduced in the 107th Congress, again raising questions about the effectiveness of market intervention in the area of electric generation.

Eight states blame upwind sources. Agency to revisit emissions targets.

The U.S. Environmental Protection Agency's Sept. 24 rule for 22 eastern states to file plans to reduce nitrogen oxide emissions would ostensibly reduce transport of ground-level ozone, or smog, in so-called "nonattainment areas." But eight of these affected states have filed petitions arguing that NOx emissions blowing in from nearby jurisdictions must be controlled before they can comply.

So far, in preliminary statements, the EPA has indicated that at least some of these petitions have merit.

THE ENVIRONMENTAL PROTECTION AGENCY HAS PROPOSED wide-ranging regulations that will increase the cost of electricity production, particularly at the nation's lowest-cost, coal-fired generators.

Despite a doubling of electricity generation since 1970, atmospheric concentrations of sulfur dioxide and nitrogen oxide have declined. Title IV acid rain provisions of the Clean Air Act Amendments of 1990 will result in even greater reductions over the next few years. EPA has nevertheless charted a course to reduce utility emissions of these pollutants even further.