Clean Air Act overhaul

by: Erin Koenig
The Beaumont Examiner
09/04/2003

The Bush administration finalized an overhaul of clean air rules last week that will allow old power plants and refineries to modernize facilities without installing pollution control equipment.

Environmental groups and Bush's political opponents blasted the decision to finalize the Routine Maintenance Repair & Replacement change, which allows facilities to replace up to one-fifth of its production system without having to install new pollution controls. The program applies to more than 17,000 industrial facilities such as oil refineries, chemical plants, power plants, incinerators and steel mills.

Hilton Kelley, founder of the Community In-power & Development Association of Port Arthur, said he was disappointed in the administration for rolling back the Clean Air Act, a public health and environmental law enacted by President Nixon.

"It takes so long to get something done that is positive for our health, but the president can come overnight and wipe out progress," Kelley said.

Under the old rules, the New Source Review program required operators to upgrade pollution control equipment any time they expanded or improved operations. According to the Environmental Protection Agency, more than 80 percent of oil refineries nationwide were in violation of the rule, and at least 11 lawsuits were pending against Texas refineries.

"These facilities need to catch up to the modern era," said Denny Larson of the National Refinery Reform Campaign. "They are outdated and it's time to enter the 21st century." "If I speed, I get a ticket; I don't ask the government to change the law," added Kelley. "Big oil should have to abide by the laws like the rest of us do."

Among those lobbying for the rule change were energy companies, whose representatives maintained that the New Source Review rule was the biggest obstacle in increasing capacity at existing facilities.

EPA officials said the rule change would not harm air quality and would encourage modernization of the energy industry.

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