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Coalition of 12 States Sues EPA Over GHG Emissions from Refineries

26 August 2008

The state of New York is leading a group of twelve states, the District of Columbia, and the City of New York in a suit that challenges the EPAs refusal to require new or renovated oil refineries to install technologies that control greenhouse gas emissions.

New York Attorney General Andrew Cuomo’s suit charges that the EPA violated the Clean Air Act when it refused to issue New Source Performance Standards (NSPS) for controlling greenhouse gas emissions from oil refineries. The Clean Air Act specifically requires the EPA to adopt NSPS for oil refineries, as well as power plants and other major stationary sources, if the EPA determines they emit air pollution that poses a danger public health and welfare. On 24 June 2008, the EPA finalized new air pollution control regulations for oil refineries without setting a NSPS for greenhouse gas emissions, the suit charges.

Oil refineries account for more than 3% of the total energy consumption in the United States. Due to their large energy consumption, oil refineries are major sources of carbon dioxide, accounting for almost 15% of the carbon dioxide emitted from industrial processes nationally. These refineries also emit large amounts of methane, another greenhouse gas.

The suit was filed in the federal Court of Appeals for the District of Columbia Circuit. Joining Cuomo in the action are California, Connecticut, Delaware, Massachusetts, Maine, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, and Washington, as well as the District of Columbia and the City of New York. The suit seeks to vacate the EPA’s decision not to control oil refinery emissions of greenhouse gas emissions and to order the EPA to adopt proper NSPS. No petroleum refineries operate within New York State.

The case is being handled by Assistant Attorneys General Morgan Costello and Michael Myers of the Environmental Protection Bureau, under the supervision of Special Deputy Attorney General for Environmental Protection Katherine Kennedy.

August 26, 2008 in Brief | Permalink | Comments (3) | TrackBack (0)

Comments

I guess someone needs to point out that the EPA has not determined CO2 to be "air pollution that poses a threat to public health and welfare". Someone needs to sue these states for wasting their citizen's money.

Posted by: d burgdorff | August 27, 2008 at 10:34 AM

Funny, they're not worried about water vapor emissions - comprising 70% of greenhouse gases. Is Cuomo on the take from Big Water?

Posted by: Sulleny | August 27, 2008 at 01:27 PM

CO2 emmissions has obvious costs involved other than pollution. Just because one level of gov't doesn't declare it as pollution doesn't mean that the costs can be externalized to the citizens of New York or other north eastern states without them trying to do something.

Similar actions were taken from these states from other negative effects in the past.

Posted by: aym | August 29, 2008 at 11:18 AM

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