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View Diary: FRESHER Act & BREATHE Act Aim to End Nat. Gas Frackers' Exemptions from Water & Air Regulations (12 comments)

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  •  The BREATHE ACT (1+ / 0-)
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    isn't ready for prime time.... In my 37 years of activity as a steward of the Federal Clean Air Act, I have never before seen such a awful proposal from the national environmental groups as is presented by the proposed BREATHE Act

    Enactment of the BREATHE Act would cause the immediate federal de-regulation of hydrogen sulfide as it is presently being regulated as a NSR-pollutant under Title I of the Clean Air Act pursuant to 42 U.S.C. Sec. 7412(b)(6).  

    Because of this provision of the Federal Clean Air Act, enactment of the BREATHE Act would have the effect of removing federal enforceability for current hydrogen sulfide emission limitations contained in previously issued Title V and New Source Review permits......a truly massive federal deregulation of hydrogen sulfide in the regulation of pulp and paper mills, petroleum refineries, synthetic organic chemical production plants, fuel transfer facilities and from concentrated animal feeding operations.

    All of the federal deregulation of hydrogen sulfide occurs concurrently with the legislative enactment of the BREATHE Act without having in place final Maximum Achievable Control Technology regulations published under CAA Section 112 and covering hydrogen sulfide that are applicable to specific source categories.   Such MACT standards could literally take years to enact.

    Meanwhile, because enactment of the BREATHE Act removes federal enforceability from all pre-existing hydrogen sulfide emission limitation in NSR permits, anyone with a Title V permit will be able to remove such hydrogen sulfide provisions from Title V permits.  

    Any new hydrogen sulfide emission limitations for Title V permits would have to wait enactment of national MACT standards.

    When I look at the BREATHE Act, how it is being promoted and what statements are made about existing hydrogen sulfide regulation and the existing Clean Air Act regulation of the oil and gas industry......What I see are national environmental organizations swimming in the Gasland media bubble and regulatory fairy tail conflation that the oil and gas industry is not regulated and that most emissions from this industry are somehow  uncontrolled.....that is not reality.

    The BREATHE Act is feckless prosecution of air pollution control and is unrecognizable as a legitimate act of conservation science stewardship......not befitting the conservation stewardship tradition of John Muir.


    •  This isn't the only issue with poor enviro-policy (0+ / 0-)

      formulation on the BREATHE Act.   The BREATHE Act is absolutely silent about the most important threat to the Clean Air Act regulation of the oil and gas industry....the Sixth Circuit Summit Petroleum v EPA case in which EPA's determinations about whether a sour gas sweetening plant could be considered as "adjacent" to sour gas wells connected to it by pipelines for purposes of Title V major source determination.....

      The effect of the Summit Petroleum case means that, in the Sixth Circuit, longstanding EPA policy addressing how a major source is considered crashed and caused a deregulation by allowing sources to escape Title V permits.

      Sierra Club and the other national and state environmental organizations are totally oblivious to the Summit Petroleum case and its effects on title V permits for the oil and gas industry.  

      You can thank Democrats who are union plumbers and pipefitters in Ohio for me being able to know about the Summit Petroleum case and tell you about it.

    •  Thanks for this important (0+ / 0-)

      information about the BREATHE Act. Do you have any sources I could check out? I would like to ask Matt about that next time I see him and see what he says.

      Mere passive citizenship is not enough. Men must be aggressive for what is right if government is to be saved from those who are aggressive for what is wrong. - Fighting Bob La Follette

      by ProgressivePatriotPA on Wed Mar 27, 2013 at 12:02:38 PM PDT

      [ Parent ]

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