Polluters are about to get another break from the Bush administration. As many as 50 power plants that are in apparent violation of clean air regulations are likely to be let off the hook, officials with the Environmental Protection Agency revealed recently. Instead of pursuing those cases, the EPA will wait until next month when weaker regulations are in place and then re-evaluate the situation. Under that scenario, many or all of the plants could avoid any sanctions.
The Clear Air Act was never intended to allow older, coal-fired power plants such as those in question to spew excessive pollution indefinitely. Under regulations enforced by the Clinton administration, once those plants upgraded their facilities or enlarged capacity, they were required to add modern pollution-control devices. Admittedly, such modernization could have cost the industry billions of dollars, but it also would have reduced the health risk for thousands of children with asthma, older Americans and others with immune deficiencies.
Instead of spending billions, electric companies made a smaller investment of millions - in campaign contributions to the Bush campaign. Among those reaching "Pioneer" status by raising at least $100,000 for the president's campaigns are 11 utility executives, lawyers and lobbyists, all involved in the effort to weaken pollution regulations for old plants. After the 2000 election, Vice President Dick Cheney headed a now-infamous energy task force that recommended the very policy favored by the utility industry. Those relaxed EPA rules are not in place yet, but when they are, old power plants that are out of compliance would be able to spend up to 20 percent of their value on renovations and still add no pollution controls, even if their noxious emissions increased.
This latest retreat on the Clean Air Act was too much for the attorneys general of some Northeastern states, which are suing to stop
the new regulations. They have asked for an investigation of the EPA's decision. They alsowant the agency to turn over its records on the 50 power plants. The EPA has "undercut strong state enforcement efforts to protect air quality," said Connecticut Attorney General Richard Blumenthal. It also has broken a promise the administration made to pursue existing pollution cases based on the current regulations.
The controversy erupted two days before former Utah Gov. Mike Leavitt was sworn in as the new EPA administrator. That appointment has been met with skepticism by those who doubt Leavitt's commitment to tough enforcement. If Leavitt hopes to bring credibility to his tenure at the EPA, he could start by enforcing clean air laws against those who have violated them.
