EPA Moves To Curb Emissions, Congress Dithers

New rule on anti-pollution technology accomodates some businesses

Tuesday October 27, 2009 5:40 p.m.

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Photo Credit: nixter via flickr

The EPA's proposed new rule to trim greenhouse emissions under the Clean Air Act is just a down payment in Washington's climate change challenge, but it could nudge Congress toward more ambitious measures.

The so-called tailoring rule would require industrial facilities across the county to install technology that limits greenhouse gas emissions. At the same time, the proposal attempts to surgically cut carbon by covering, as the Washington Post reports, "a narrower group than what the [Clean Air Act] originally envisioned." By targeting facilities that emit over 25,000 tons of pollution, instead of the original 250 ton threshold, "EPA estimates under its narrower scenario, the rule could apply to more than 6 million facilities across the country."

The hope is that the compromise would "not place a burden on the small businesses that make up the better part of our economy."

But in narrowing the rule to shield certain businesses, the EPA could court additional obstacles. The energy industry law firm Bracewell & Giuliani says the EPA may run into legal challenges.

Meanwhile, Congress is still deciding whether it wants to actually do something about melting ice caps to avoid being shamed at the U.N. conference on climate change in December.

Yet there are signs that Republicans are trying to get ahead of the regulatory process through the hobbling negotiations on Capitol Hill: Sen. Lindsey Graham of South Carolina, who earlier this month declared his support for climate change legislation, warned, "If we do nothing, EPA's going to step in and regulate. Congress ought to lead, not the EPA."

Though EPA administrator Lisa Jackson said the agency is simply taking "common-sense" steps under the Clean Air Act, the White House is putting the heat on lawmakers to develop a broader strategy to cut carbon.

As Sen. John Kerry announced that Congress was gearing up to to deal with climate change, reports the AFP, the Obama administration rolled out a plan to upgrade of the country's electricity grid, pledging $3.4 billion in investments to foster renewable energy development.

The House and Senate's proposals for a cap-and-trade carbon regulation system, while perhaps too timid for radical climate-change activists, are good enough for mainstream environmentalists. Still, Frances Beinecke at the Natural Resources Defense Council wants to see more action on energy efficiency and more caution on promoting  scientifically sketchy sources of biomass energy.

There's more noise coming from the other side, with dirty power companies greasing Capitol Hill with well-moneyed lobbyists. Maybe that's why some of Graham's colleagues seem to be unenthusiastic, and in some cases, totally out to lunch, as Congress mulls over the climate change bill. While the EPA stretches to accomodate industry interests, corporate-friendly lawmakers are content to curl up with business as usual.

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