U.S. EPA's Decision Delays Coal Plants by ProQuest

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									459                                                                                                      Enviromation


    Reprinted from the Environment@Gowlings newsletter          global warming as a means towards achieving California’s
dated December 12, 2008, Volume 5, No. 5, published             goal to cut carbon emissions to 30 per cent below pro-
by the Gowlings Environmental Law Group, which consists         jected business-as-usual levels by 2020. Among the mea-
of environmental law specialists and practioners in             sures detailed in the plan are a requirement that 33 per
Ontario, Quebec, Alberta, and B.C. (www.gowlings.com/           cent of electricity be from renewable sources, regional
environment).                                                   transportation emissions targets, and a cap-and-trade
                                                                system for cutting industrial pollution.

                                                                     The move has been described by James Duran, Cali-
                       Quebec                                   fornia Hispanic Chambers of Commerce Legislative Affairs
                                                                Chairman, as ‘‘an economic train wreck waiting to
Regulation Respecting the Mandatory                             happen’’ — a view supported by some economists who
Declaration of Water Withdrawals                                claim that the analysis is full of rosy assumptions and
                                                                ignores potential problems. However many others,
     Notice of the draft Regualtion was published in the        including Governor Arnold Schwarzenegger, believe that
                           ´
Gazette Officielle Du Quebec, November 5, 2008. The             the plan will provide ‘‘a road map for the rest of the nation
draft Regulation deals with the mandatory declaration of        to follow’’ and will spur action on climate from the United
water withdrawals pursuant to Section 124 of the Environ-       States Congress.
mental Quality Act.

      The draft Regulation requires the main water with-
                                                                U.S. EPA’s Decision Delays Coal Plants
drawers in Quebec such as industries, business, institutions
that are not supplied by water supply works in municipali-           The fate of scores of new coal-burning power plants is
ties to send to the Minister of Sustainable Development,        now in limbo. A US Environmental Protection Agency
Environment and Parks a declaration on their withdrawal         (‘‘EPA’’) Environmental Appeals Board (‘‘EAB’’) decision
activities. Specifically they are required to identify the      published 13 November 2008 rejected a federal permit for
number of withdrawal sites that are operated, and the spe-      Deseret Power’s Utah coal plant at Bonanza, Utah (USA).
cific location of the nature of withdrawals. Those subject to   The panel sided with the Sierra Club, saying EPA’s Denver
the regulation will be required to measure volume of with-      office failed to adequately support its decision to issue the
drawals. The purpose of the Regulation is to seek to            permit without requiring best available control technology
achieve more responsible water use through withdrawal           (‘‘BACT’’) to control emissions of carbon dioxide (CO2). It
accountability mechanisms.                                      remanded the case to the Denver office to ‘‘reconsider
                                                                whether or not to impose a . . . limit [on CO2]’’.
    For further information please see: Gazette Officelle
      ´
du Quebec, November 5, 2008, Vol. 140, No. 45, page 5079.            The EAB is the final EPA decision-maker on administra-
                                                                tive appeals under all major environmental statutes that
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