EMISSIONS SOLUTIONS GUIDE
February 2009
Court Orders Los Angeles Basin Air Pollution Credit Moratorium
On January 9th, 2009 the South Coast Air Quality Management District (AQMD) advised it must make significant changes to its permitting program. The changes are the result of a November Los Angles Superior Court ruling dealing with AQMD's ability to issue Emission Reduction Credits (ERCs) and offsets from its own Priority Reserve.
The ruling invalidated the existing AQMD rule specifying how the agency accounts for and calculates the amount of emission reductions available from its Priority Reserve and offset exemptions. Under the new law AQMD can issue permits for new, replaced, relocated, or modified equipment only if emission increases are ÒoffsetÓ by emission reductions from other equipment.
AQMD advises this situation will exist until it adopts a new rule or program that addresses the court decision. AQMD says it plans to readopt the invalidated rule, or another appropriate program, in approximately nine to twelve months. Meanwhile permits can only be issued to applicants who can provide offsets in the form of ERC certificates that are either owned by the applicants or purchased from ERC holders in the open market.
AQMD provides more information in a Permit Moratorium Letter and Fact Sheet.
EPA Proposes Particulate Matter Air Quality Index Changes
On January 15th, 2009 the Environmental Protection Agency (EPA) proposed to revise its Air Quality Index (AQI) to update the values states use to report daily concentrations for fine particle pollution (PM 2.5). EPA says the new standards will reflect changes to the fine particle standard made in 2006.
The AQI is a color coded tool to communicate air quality to the public. AQI values range from 0 to 500. The higher the AQI value, the greater the level of air pollution and the greater the health concern. An AQI value of 50, for example, represents good air quality while an AQI over 300 represents hazardous air quality.
EPA's proposed changes are noted below.
Obama Directs EPA to Reconsider California Greenhouse Gas Ruling
On January 21st, 2009 the California Air Resources Board (ARB) filed a request for reconsideration asking the Environmental Protection Agency (EPA) reconsider its 6 March 2008 decision denying CaliforniaÕs request for a waiver to enforce its motor vehicle greenhouse gas emission standard.
Five days later, on January 26th, 2009 President Obama directed the Environmental Protection Agency (EPA) to swiftly reconsider the California request that also applies to 13 other states. Obama also ordered the Transportation Department to begin drawing up rules imposing higher fuel-economy standards on cars and light trucks.
Federal Judge Finds BLM Failed to Consider Air Quality Damage In Utah Oil & Gas Leases
In a January 2009 ruling a U.S. District Judge issued a temporary restraining order to block 77 protested oil and gas leases on more than 100,000 acres in eastern and southern Utah. The ruling found the U.S. Bureau of Land Management (BLM) failed to properly consider potential damage to air quality and ancient rock art before selling oil and gas leases on sensitive public lands in Utah.
In his ruling, the judge a found the BLM didn't properly analyze air-quality damage that would result from industrial activity - a measure the Environmental Protection Agency had advised the BLM to take to satisfy federal law.
The parcels ruled on are near Arches and Canyonlands National Parks, Desolation Canyon, Dinosaur National Monument, wilderness study areas and Nine Mile Canyon, an area revered as holy by the Hopi tribe.
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