White House Change to Clean Air Act Blocked

A federal appeals court Wednesday blocked new rules by the Bush administration that would exempt companies from installing state-of-the-art air pollution controls when they modify or expand their plants.

The changes, some of the most contentious modifications to the Clean Air Act in more than a decade, were scheduled to go into effect this week. But the ruling by a three-judge panel of the U.S. District Court of Appeals in Washington, D.C., temporarily blocked implementation of a key portion of the regulatory plan.

Environmentalists hailed the decision, calling it a necessary step to stop White House efforts that they contend will relax air pollution controls at thousands of power plants and factories nationwide.

“The administration’s rule change would allow industry to renovate facilities in ways that dramatically increase air pollution without installing up-to-date pollution controls or even notifying nearby residents,” said Keri Powell, an attorney for Oakland-based Earthjustice, a plaintiff in the case.

In their decision, the judges blocked changes to a key provision of the “new source review” program, an element of the Clean Air Act intended to achieve pollution reductions as businesses grow.

The Bush administration plan would make it easier for businesses to avoid installing new pollution controls by specifying how much “routine maintenance” a company could do without being required to modernize equipment. The revision would allow a utility, refinery or manufacturing plant to make repairs worth as much as 20% of the cost of replacing a major component before the upgrades are required.

Industry groups long have protested that the new source review program is too bureaucratic and creates uncertainty over emissions-control strategies.

The Environmental Protection Agency agreed, saying the program slows upgrades at manufacturing plants, oil refineries and electrical generating stations, resulting in lower efficiency and slower smog cleanup.

But the judges ruled that “irreparable harm” could arise if the proposal were to go into effect, and that there was a “likelihood of success on the merits” in the case.

While environmentalists said the decision bolstered their hope that the revised rules may ultimately be overturned, the matter won’t be decided until the court has tried the case, a process that could last months.

Several major environmental organizations joined with New York and 11 other states in filing the lawsuit. They contend that the rule changes drafted by the EPA are not as protective as measures already on the books, and would lead to more emissions linked to respiratory ailments and poor visibility.

Immediately upon taking office, Vice President Dick Cheney’s energy policy task force proposed changes to the new source review program. The Clinton administration previously had explored ways to overhaul the program.

“There is agreement among the states, industry and the EPA that new source review needs to be reformed, but unfortunately the parties over the years haven’t been able to come together and find solutions that work for everyone,” said Jeffrey Marks, director of the air quality program for the National Assn. of Manufacturers.

EPA officials could not be reached for comment Wednesday.