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Tighter regulations for coal power plant operators that provide electricity to California are likely under the incoming Obama administration, the President’s nominee to head the federal Environmental Protection Agency pledged to lawmakers January 14. For California--which gets 17 percent of its power from coal--the rules could mean more stringent standards for mercury emissions and controls on coal ash piles at out-of-state plants that supply the state, as well as new federal reporting of greenhouse gas emissions. Eastern coal plants also could face tougher pollution standards for smog-forming emissions. “Coal is a vital resource in this country,” Lisa Jackson, Obama’s nominee for EPA administrator, told the Senate Environment and Public Works Committee during her confirmation hearing. However, because coal power plants are among the largest sources of greenhouse gases and air pollution, Jackson said the agency would move fairly quickly to review and tighten applicable regulations as it deems needed. “Much of the EPA agenda is now set by court decision,” Jackson told lawmakers. Under her leadership, she said the agency would act quickly to address a U.S. Supreme Court decision calling for a finding on the environmental impacts of greenhouse gas emissions, as well as another court decision to amend the agency’s overturned Clean Air Interstate Rule. That rule sets emissions standards for nitrogen oxides and sulfur oxides from eastern power plants. The U.S. Court of Appeals for the District of Columbia Circuit, in a December 23, 2008, decision, told EPA to address weaknesses in the rule, though it left the existing rule in place until the agency could do so. In a separate order, the court vacated the agency’s Clean Air Mercury rule for coal power plants, which was to apply to western coal power plants as well. Jackson said the agency would consider tightening standards under each rule to reduce nitrogen oxides, sulfur oxides, and mercury from coal plants. She did not say if the review for nitrogen oxides and sulfur oxides would be restricted to just eastern coal plants. Senator Barbara Boxer (D-CA) and other Democrats pressed Jackson to regulate greenhouse gases under the Clean Air Act, without waiting for Congressional action. The U.S. Supreme Court ruled in 2007 that EPA should regulate greenhouse gases under the federal Clean Air Act unless it can show that the emissions are not harmful to human health or welfare (Circuit, April 10, 2007). “Without passing any more legislation, we could begin now,” said Boxer. Jackson replied that she would review what actions the agency could take under its existing Clean Air Act authority. She also said she would quickly resolve California’s request for a waiver from the Clean Air Act to enforce its own greenhouse gas emissions standards for cars. The Bush Administration denied the waiver, which prompted California and 15 other states opting to enforce the standards within their jurisdiction to challenge the decision in court (Circuit, January 11, 2008). Jackson promised the committee too that she would speed rules to set up a federal emissions registry for power plants and other major industrial facilities to establish baseline information on greenhouse gases. Not all legislators supported Boxer’s position. Senator Jim Barrasso (R-WY) questioned using the Clean Air Act and other federal statutes like the Endangered Species Act to regulate greenhouse gases. “Federal laws on the books are being used in a way they were never intended to be used,” he complained. Other Senators urged Jackson to work to harmonize energy and environmental policies. Democrats complained that the Bush Administration short-circuited science in setting environmental policy in favor of special interests. The committee also heard testimony from Nancy Sutley. Obama nominated her to chair the Council on Environmental Quality, which advises the president on environmental policy, produces reports on environmental trends, and resolves disputes between federal agencies over environmental impact analyses conducted under the National Environmental Policy Act. Sutley is an experienced California environmental policy administrator who most recently served as Los Angeles deputy mayor for energy and environment under Mayor Antonio Villaraigosa. In that capacity she worked to “green” the sprawling city. Boxer said the Senate committee hopes to approve both nominations by early next week. Full Senate confirmation also is needed.

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