Re: Clearing the air

http://www.msnbc.msn.com/id/4759864/

Clearing the air
EPA official talks for first time about retiring after changes in clean air
regulations and enforcement
By Stone Phillips
Dateline NBC
Updated: 8:37 a.m. ET April 20, 2004If you're going to make a stand by walking
away from your job, it should be over something pretty important. How about the
air we breathe? A new government report found that the air in 31 states,
affecting nearly 160 million people, fails to meet new federal health standards
for smog. Part of the reason is pollution coming from big coal-burning power
plants. For decades, the Clean Air Act helped improve air quality, a man named
Bruce Buckheit helped enforce it. But now, this former top government official
has given up his job, frustrated because he says the country is taking a giant
step backwards -- and that you and your children may soon see the difference in
the air you breathe.

There are few things on earth that Bruce Buckheit feels more passionate about
than the air, whether he's catching it in his sails or cleaning it up at old
coal burning power plants.

Stone Phillips: “Among the major sources of air pollution in this country
where do coal fired power plants rank?”

Bruce Buckheit: “They're number one. By an order of magnitude. There is no
one that comes close.”

Buckheit says the nearly 400 coal fired plants scattered across this country,
generating more than half of the electricity we use, are dirty old dinosaurs
overdue for extinction.

Buckheit: “Can anybody imagine a situation where we have plants that were
built in 1950 still emitting as if they were located in China or Mexico? I
mean, this country's better than that.”

Buckheit spent the last 20 years of his government career working on air
quality issues, most recently as director of the Environmental Protection
Agency's Air Enforcement Division. But in December, he made a difficult
decision to retire from the EPA.

Buckheit: “If we were still enforcing the Clean Air Act the way it should be
enforced I would still be there.”

fact file President Bush & environmental issues

• Arctic drilling
• Air pollution
• Brownfields

• Diesel pollution
• Drinking water
• Endangered species

• Global warming
• Environmental Policy Act
• National forests

• National parks
• Nuclear waste
• Superfund

• Water pollution
• Wetlands development

Click on a category above to see how key issues have evolved: from the pre-Bush
era, to the president's actions and to what critics say.

Arctic drilling
Before Bush
President Clinton opened an eastern section of the National Petroleum Reserve
in Alaska to oil and gas exploration in 1998, with tight restrictions.
Actions taken
Proposed oil drilling in Alaska’s Arctic National Wildlife Refuge. Opened
most of northwest portion of the reserve to oil and gas development, including
areas for wildlife.

Administration's position
Tapping the oil would reduce the nation’s dependence on foreign sources of
oil. Limiting drilling to 2,000 acres in the refuge would protect wildlife.

What his critics say
A 2,000-acre limit is meaningless since the area can be spread across the
entire coastal plain. Whatever oil is there will have little impact on oil
prices and won't be produced for a decade. Conservation steps would save more
oil than ever produced.

Status
The Senate rejected drilling in the refuge, but the debate continues. Lease
sales for developing the reserve are scheduled for June.

Air pollution
Before Bush
The Clinton administration sued 51 aging power plants and forced several to
install pollution-control equipment.
Actions taken
Kept Clinton lawsuits, but changed rules used in lawsuits and moved to drop
some investigations. New rules help industry expand without adding more
pollution controls.

Administration's position
Old rules prevented plants from gaining efficiency. Congress should pass a new
law to cut nitrogen oxides, sulfur dioxide and mercury.

What his critics say
States suing said they should take over investigations. Bush’s changes would
let companies pollute too much, for too long. Carbon dioxide should also be
regulated.

Status
Federal court blocked allowing improvements as "routine maintenance." More rule
changes occur through 2006. Bush wants regulation changes, since Congress
stalled his plan.

Brownfields
Before Bush
Since 1978, landowners of properties contaminted with PCBs, a carcinogenic
chemical, have had to remove them before any sales.
Actions taken
Allowed sales of land with PCBs before cleanups. Congress approved speeding
cleanup of 450,000 sites and protecting cities and business from lawsuits.

Administration's position
Converting “brownfields” to new uses lets communities redevelop without
being responsible for toxic waste. PCBs must be removed before redevelopment.

What his critics say
The changes will hide environmental problems instead of fix them, and undercut
the public’ s ability to know where polluted soils are sent.

Status
EPA is writing rules this year on how developers can gain liability protection.

Diesel pollution
Before Bush
Clinton rules require heavy-duty trucks and buses to cut diesel pollution
beginning in 2007. All new engines would be covered by 2010.
Actions taken
Upheld the Clinton rules, which also require cleaner diesel fuel starting in
2006.

Administration's position
The cuts in pollution will prevent thousands of premature deaths, heart attacks
and respiratory ailments.

What his critics say
One of the biggest public health steps since lead was removed from gasoline.
Industry and farmers say it will add to the price of new farm equipment and
diesel fuel.

Status
Dozens of states are pursuing tightened controls on diesel pollution out of
fear that the new federal standards might be delayed or weakened.

Drinking water
Before Bush
Clinton tightens arsenic in drinking water standard to 10 parts per billion by
2006. The standard was 50 ppb since 1942.
Actions taken
Rescinded the Clinton standard, then did an about-face and adopted it.

Administration's position
Cost a major concern, particularly for Western towns where arsenic is both a
naturally occurring and an industrial byproduct.

What his critics say
Bush greatly underestimated the cancer risks of arsenic in drinking water. Even
at 3 ppb there are risks, according to the National Academy of Sciences.

Status
One in 20 water systems, or about 4,100 nationwide, will have to treat their
water to meet the new standard. Nearly all serve communities of less than
10,000 people.

Endangered species
Before Bush
Developers and federal agencies complained environmental groups use the
Endangered Species Act to force the designation of "critical habitats" for
species' recovery and to tie up projects.
Actions taken
The ability to get new species protected should be limited. Proposed adding
more than 20 plants and animals to the endangered species list, many in
response to lawsuits.

Administration's position
The ESA is "broken" because of excessive lawsuits, and the government lacks
money to meet all its court orders to designate habitat.

What his critics say
Lawsuits make the government act, as with Florida manatees, listed as
endangered since 1967. The Interior Department doesn’t value habitat enough,
according to congressional investigators.

Status
House Republicans rejected Bush’s attempt to restrict new listings but some
want to rewrite the ESA. In the past two decades, the number of U.S. species
listed as endangered
or threatened rose steadily.

Global warming
Before Bush
Many scientists agree the Earth’s atmosphere is warming partly from human
causes. Vice President Al Gore signs the Kyoto international climate treaty in
1997 to reduce greenhouse gases. Senate won't ratify it.
Actions taken
Reversed a 2000 campaign pledge to regulate industrial carbon dioxide and
withdrew the U.S. from the Kyoto treaty. Proposed industry voluntarily slow the
growth rate of CO2 emissions.

Administration's position
Limits on CO2 emissions would hurt the economy too much. Developing countries
also must agree to limits. More research needed to firm up the science behind
climate change.

What his critics say
Mandatory CO2 cuts are needed now. At Bush’ s request, the National Academy
of Sciences advises that the problem is real and getting worse.

Status
Some countries, particularly those in Europe, plan to meet requirements of the
Kyoto treaty even if it never formally comes into force. Bush’s 10-year U.S.
plan for more
research gets underway, but could be slowed for lack of money.

Environmental Policy Act
Before Bush
Known as NEPA, the 1970 law requires government to study its environmental
impacts. Activists often use it to limit development and protect endangered
species.
Actions taken
Recommends agencies create broad categories of projects for which they could
exempt themselves from doing lengthy studies, and that a citizen’s guide to
NEPA be written.

Administration's position
NEPA can cause bureaucratic gridlock. Opponents can still challenge an agency
categorization. Acknowledges its changes would reduce reviews of projects.

What his critics say
Bush wants to circumvent the bedrock environmental law by supporting more
projects going forward without full reviews.

Status
A White House task force that made the recommendations has been holding public
meetings and reviewing public comment.

National forests
Before Bush
Prohibitions on most road-building and commercial logging set under President
Clinton on 58.5 million national forest acres.
Actions taken
Sped up forest-thinning projects on public woodlands, limited environmental
reviews and public appeals.

Administration's position
Letting timber companies log in national forests in exchange for clearing
smaller vegetation will create jobs and save money on wildfire prevention.

What his critics say
The new law is a giveaway to the timber industry in the name of wildfire
prevention.

Status
Administration officials insist much of the treatment work will be done through
prescribed burns, not logging.

National parks
Before Bush
The National Park Service estimated its backlog in maintenance and repairs at
$4.9 billion in 1997.
Actions taken
Spent about $3 billion on the maintenance backlog, but it remains at $4 billion
to $7 billion.

Administration's position
Clinton left the parks in poor condition. Made progress toward fullfilling 2000
campaign pledge to eliminate the maintenance backlog.

What his critics say
Hasn’t gotten rid of backlog as promised and is looking at privatizing some
Park Service jobs. The Park Service can’t systematically track repair and
maintenance needs, congressional investigators said.

Status
The Park Service is revamping how it tracks maintenance needs and expects to
finish an inventory of man-made structures in national parks within a couple
years.

Nuclear waste
Before Bush
Congress in 1987 declared Nevada’s Yucca Mountain as the only site to be
studied further for permanent waste repository.
Actions taken
Selects Yucca, a ridge of volcanic rock 90 miles from Las Vegas, to entomb
77,000 tons of used reactor fuel from commercial power plants. Congress
affirmed Bush’s decision.

Administration's position
The site’s geology and engineered barriers will keep radioactivity from
leaking. Environmental studies would be subject to judicial review.

What his critics say
EPA’s radiation standard was inadequate because it only applies to the next
10,000 years. After that, engineered barriers may degrade.

Status
Later this year, the Energy Department will apply for a license for the site
and a federal appeals court is due to decide on challenges by Nevada and
environmentalists.

Superfund
Before Bush
The Superfund program for cleaning the worst toxic waste sites began in 1980.
Congress let expire a special tax to help pay for cleanups in 1995.
Actions taken
Completed cleanups declined since 2001. Money collected from companies found
responsible for polluting sites ranged from $627 million to $1.7 billion.

Administration's position
Cleanups are getting bigger and more complex, slowing the rate of completions.
Not enough money available to start every project.

What his critics say
Clinton averaged 76 completed cleanups per year. Bush should push Congress to
reinstate the industry tax.

Status
EPA has completed cleanups at about 890 sites. More than 1,200 remain on its
to-do list. Congress pays for a third of them – the ones no one has been
found responsible for.

Water pollution
Before Bush
States must list of bodies of water that don’t meet minimum water quality
standards and establish how much pollution will be allowed in them.
Actions taken
Put on hold a Clinton rule to have states plan how to reduce storm water and
agriculture runoff pollution in polluted streams.

Administration's position
Improvements needed in listing and monitoring waterways. Scientists noted the
Clinton program could not ensure the right bodies of water were targeted.

What his critics say
Bush’s 2005 budget would reduce low interest loans to states and communities
for clean water projects. EPA’s monitoring of water pollution are inadequate.

Status
Biennial EPA reports show the percentage of polluted rivers and streams, lakes
and estuaries rose across the board between 1992 and 2000.

Wetlands development
Before Bush
Developers who disturbed more than a half-acre of wetlands needed permits. The
Supreme Court ruled isolated waters can’t be protected just as habitat for
migratory birds.
Actions taken
Sped up developers’ ability to get permits, eased limits on building in flood
plains and filling along streams. Projects no longer have to restore wetlands
acre-for-acre if “no net loss” goal is met for each watershed. On hunters'
advice, held off on rule that could have eroded some wetland protections.

Administration's position
New rules interpret what the court ruled, improve protections for aquatic
ecosystems and simplify red tape.

What his critics say
New rules went beyond the court, adding endangered species and crop irrigation
as insufficient grounds for protecting wetlands. Builders can put up homes in
flood plains and reroute narrow streams.

Status
Wetlands are being lost at the rate of 100,000 acres a year, despite pledges by
successive administrations to develop policies to end the decline.

Source: J. Heilprin and M. Murray of Associated Press • Print this

And now he's speaking out for the first time about what he says has happened in
the fight to safeguard the air we all breathe. It's a fight he was winning, and
there's no better example, he says, than what happened in Tampa, Fla., where a
utility executive went from being Buckheit's opponent to his partner in
cleaning up the air.

John Ramil has been with the Tampa Electric Company for 27 years. He's now the
Chief Operating Officer of its parent company, Teco Energy. The company's two
coal-burning plants, one built in 1971, the other dating back to 1957, sit just
across the bay from downtown.

John Ramil: “Producing electricity is not benign. And it's not a real easy
thing to do. And it takes massive equipment to do it.”

And it creates massive problems for the environment. Burning coal releases air
pollutants like nitrogen oxide, the main ingredient in smog, sulfur dioxide,
which forms acid rain, and toxic mercury, which enters our diet through the
fish we eat and has been linked to brain damage in children and fetuses.

For decades, Tampa's air had suffered from coal's effects. Residents like Shari
Gonzales didn't have to see brown haze to know when the air was bad. All she
had to do was look at her asthmatic son, Sydney, struggling to breathe.

Shari Gonzales: “Oh, it was horrible. It was so dirty. There were days when
you could smell it if you were close to the power plant.”

As the country's top cop for air enforcement, Buckheit noticed back in 1997 a
worsening of Tampa Electric's pollution levels. If a power plant reports an
emissions increase of more than 40-tons a year, it can trigger a closer look by
the EPA, and as for the numbers Buckheit saw in Tampa?

Buckheit: “Thousands of tons of increase.”

Buckheit suspected that massive increase was because Tampa Electric was running
its old plants longer and harder to meet the electricity demands of a growing
city. He thought he saw a way to bring the pollution levels back down, with a
novel approach to enforcing a rule in the Federal Clean Air Act.

INTERACTIVE

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A look at where the nation gets its energy

The rule is called "New Source Review" and it says that if a utility makes
upgrades to keep an aging plant up and running, it must add modern and
expensive pollution controls as well. Routine maintenance is no problem, but
major changes without pollution controls, are against the law.

Buckheit: “It's as if you had a 1950 car, and you replace the transmission
and the engine, and you kept doing that. Without putting on catalytic
converters.”

So Buckheit tried something that had never been done before. To find out if
Tampa Electric had violated the New Source Review Rule, he didn't look at the
smokestacks. He looked at the company's books.

Buckheit: “We started going through the accounting operations to see what
capital projects there are. And seeing if we can tie them to emissions
increases.”

Phillips: “So basically you follow the money.”

Buckheit: “Yes.”

Ramil: “We sent them boxes and boxes of our maintenance records going back 20
years.”

The records revealed several multi-million dollar projects at Ramil's aging
plants.

Phillips: “The EPA cited replacement of the furnace floor unit three, cyclone
burners unit four, a super heater over at unit six.”

Ramil: “Correct.”

Phillips: “Are those major changes?”

Ramil: “We do not believe so.”

Phillips: “Did Tampa Electrics plant modifications violate the law?”

Buckheit: “Yes. Because they had an emissions increase of greater than 40
tons that resulted from a project that was not routine.”

Believing he could make that case in court, Buckheit decided to do just that.
Based on his recommendation, in November 1999, the federal government announced
lawsuits against Tampa Electric and several other utilities Buckheit had
investigated. Then Attorney General Janet Reno called it one of the most
significant environmental enforcement actions in the nation's history.

The companies denied any wrongdoing and vowed to defend themselves vigorously
in court. Buckheit was prepared for a long, bruising legal battle. But then
something entirely unexpected happened.

Ramil: “We wanted to reach a solution so that we could get on with life.”
FACT FILE State of our air

The American Lung Association’s 2003 report on air quality ranks the worst
urban areas by how many days* they reported high ozone, the key ingredient in
smog. Its best cities are those with no high ozone days in the period studied.
Click on the map above for the "best" and "worst" urban areas for estimates**
on people with asthma, bronchitis or emphysema.

1. Los Angeles-Riverside-Orange County, Calif.
Total pop.: 16,373,645 Pediatric asthma: 258,237
Adult asthma: 831,760 Chronic bronchitis: 528,572
Emphysema: 162,952

2. Fresno, Calif.
Total pop.: 922,516 Pediatric asthma: 16,197
Adult asthma: 44,810 Chronic bronchitis: 28,598
Emphysema: 9,037

3. Bakersfield, Calif.
Total pop.: 661,645 Pediatric asthma: 11,689
Adult asthma: 31,988 Chronic bronchitis: 20,330
Emphysema: 6,250

4. Visalia-Tulare-Porterville, Calif.
Total pop.: 368,021 Pediatric asthma: 6,871
Adult asthma: 17,349 Chronic bronchitis: 11,078
Emphysema: 3,503

5. Houston-Galveston-Brazoria, Texas
Total pop.: 4,669,571 Pediatric asthma: 74,988
Adult asthma: 202,727 Chronic bronchitis: 147,772
Emphysema: 41,960

6. Sacramento-Yolo, Calif.
Total pop.: 1,796,857 Pediatric asthma: 26,911
Adult asthma: 93,425 Chronic bronchitis: 60,425
Emphysema: 19,841

7. Merced, Calif.
Total pop.: 210,554 Pediatric asthma: 4,019
Adult asthma: 9,808 Chronic bronchitis: 6,248
Emphysema: 1,959

8. Atlanta
Total pop.: 4,112,198 Pediatric asthma: 60,592
Adult asthma: 217,423 Chronic bronchitis: 133,668
Emphysema: 37,034

9. Knoxville, Tenn.
Total pop.: 687,249 Pediatric asthma: 8,586
Adult asthma: 36,394 Chronic bronchitis: 24,986
Emphysema: 8,687

10. Charlotte-Gastonia-Rock Hill, N.C.-S.C.
Total pop.: 1,499,293 Pediatric asthma: 21,069
Adult asthma: 70,937 Chronic bronchitis: 50,198
Emphysema: 15,683

11. Washington-Baltimore, D.C.-Md.-Va.-W.V.
Total pop.: 7,608,070 Pediatric asthma: 106,339
Adult asthma: 400,151 Chronic bronchitis: 260,093
Emphysema: 81,465

12. Dallas-Ft. Worth, Texas
Total pop.: 5,221,801 Pediatric asthma: 80,909
Adult asthma: 229,901 Chronic bronchitis: 167,011
Emphysema: 47,398

13. Philadelphia-Wilmington-Atlantic City, Pa.-N.J.-Del.-Md.
Total pop.: 6,188,463 Pediatric asthma: 86,667
Adult asthma: 327,894 Chronic bronchitis: 216,561
Emphysema: 75,836

14. New York-Northern New Jersey-Long Island, Conn.-N.J.-N.Y.
Total pop.: 21,199,865 Pediatric asthma: 290,182
Adult asthma: 1,135,343 Chronic bronchitis: 741,521
Emphysema: 251,794

15. Phoenix-Mesa, Ariz.
Total pop.: 3,251,876 Pediatric asthma: 48,282
Adult asthma: 198,810 Chronic bronchitis: 109,068
Emphysema: 35,970

16. Baton Rouge, La.
Total pop.: 602,894 Pediatric asthma: 9,084
Adult asthma: 23,189 Chronic bronchitis: 19,796
Emphysema: 5,984

17. Greensboro–Winston-Salem–High Point, N.C.
Total pop.: 1,251,509 Pediatric asthma: 16,629
Adult asthma: 59,872 Chronic bronchitis: 43,535
Emphysema: 14,854

18. Memphis, Tenn.-Ark.-Miss.
Total pop.: 1,135,614 Pediatric asthma: 17,792
Adult asthma: 53,690 Chronic bronchitis: 37,117
Emphysema: 11,628

19. Birmingham, Ala.
Total pop.: 921,106 Pediatric asthma: 12,787
Adult asthma: 43,852 Chronic bronchitis: 32,162
Emphysema: 10,980

20. San Diego, Calif.
Total pop.: 2,813,833 Pediatric asthma: 40,018
Adult asthma: 148,788 Chronic bronchitis: 94,794
Emphysema: 30,028

21. Nashville, Tenn.
Total pop.: 1,231,311 Pediatric asthma: 16,897
Adult asthma: 61,695 Chronic bronchitis: 42,005
Emphysema: 12,913

22. Raleigh-Durham-Chapel Hill, N.C.
Total pop.: 1,187,941 Pediatric asthma: 15,907
Adult asthma: 56,696 Chronic bronchitis: 39,287
Emphysema: 11,336

23. Allentown-Bethlehem-Easton, Penn.
Total pop.: 637,958 Pediatric asthma: 8,294
Adult asthma: 35,728 Chronic bronchitis: 23,342
Emphysema: 8,776

24. Macon, Ga.
Total pop.: 322,549 Pediatric asthma: 4,840
Adult asthma: 16,920 Chronic bronchitis: 10,825
Emphysema: 3,531

25. Louisville, Ky.-Ind.
Total pop.: 1,025,598 Pediatric asthma: 14,055
Adult asthma: 62,944 Chronic bronchitis: 36,009
Emphysema: 12,283

Bellingham, Wash.
Population: : 166,814

Brownsville-Harlingen-San Benito, Texas
Population: 335,227

Colorado Springs, Colo.
Population: 516,929

Duluth, Minn.; Superior, Wis.
Population: 243,815

Elkhart-Goshen, Ind.
Population: 182,791

Eugene-Springfield, Ore.
Population: 322,959

Fargo, ND; Moorhead, Minn.
Population: 174,367

Flagstaff, Ariz.
Population: 122,366

Greeley, Colo.
Population: 180,936

Honolulu, Hawaii
Population: 876,156

Laredo, Texas
Population: 193,117

Lincoln, Neb.
Population: 250,291

Medford-Ashland, Ore.
Population: 181,269

Portland-Salem, Ore.
Population: 2,205,223

Salinas, Calif.
Population: 401,762

San Francisco, Calif.
Population: 1,731,183

San Luis Obispo-Atascadero-Paso Robles, Calif.
Population: 246,681

Santa Cruz-Watsonville, Calif.
Population: 255,602

Souix Falls, S.D.
Population: 172,412

Spokane, Wash.
Population: 417,939

*Based on EPA data for "unhealthy" ranges of ozone.
**Disease estimates are based on federal figures for the U.S., which were
divided by urban populations to get localized figures. • Print this

Alone among the utilities charged with violating clean-air laws, John Ramil's
company stepped forward and said it wanted to begin talks about a possible
settlement of the lawsuit.

Ramil: “We have a growing customer base, an increase in electricity demand.
We have an aging fleet of power plants. How do we make this work? “

It wouldn't be easy, but Ramil realized that environmental concerns about his
coal burning plants were not going away, and that rather than fight, it might
be more cost-effective in the long run to switch from running dirty to running
clean. The settlement he reached with Buckheit's office was hailed as a
landmark agreement.

Tampa Electric stopped using coal entirely at one of its plants, converting it
to cleaner-burning natural gas, at a cost of $600 million. Ramil's company also
agreed to install modern pollution-scrubbing devices on its remaining coal
plant -- reducing emissions there by close to 90 percent.

Phillips: “So the air has already improved and it's going to get better?”

Buckheit: “Absolutely.”

Ramil's plants are converted and so is he.

Phillips: “You told us your personal belief is coal fire power plants should
all be scrubbed.”

Ramil: “Correct. Coal is important. And there are ways to burn it
responsibly and cleanly. And we're doing that in our plants.”

Phillips: “Do you think the company took any heat for deciding not to fight
EPA on this?”

Buckheit: “Absolutely.”

Phillips: Within the industry.”

Buckheit: “Absolutely. I believe that they don't get invited to the Christmas
parties anymore.”

Phillips: “Are you a rebel? Or a leader?”

Ramil: “We're viewing ourselves as a leader. A leader is doing what's right
for your organization and your particular situation. And I think we've done
that.”

Phillips: “In the end, how much money have you spent on these changes?”

Ramil: “About $750 million. And by the time we will complete implementing all
the things in the agreement, it'll be about a billion dollars.”

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And what's that billion dollar commitment for better air done to the bottom
line? The company took on new debt, but Ramil says increased productivity at
his new natural gas plant and company-wide efficiencies have enabled Tampa
Electric to absorb the costs.

Phillips: “It hasn't put you in a deep, dark hole financially?”

Ramil: “No. No, it hasn't.”

Phillips: “So, electric rates for your consumers have been stable?”

Ramil: “Electric rates have been stable. We're earning fair returns for our
shareholders.”

Phillips: “You're leaner and meaner and cleaner.”

Ramil: “Leaner, meaner and cleaner. That's great. Yes.”

Phillips: “What would you say about John Ramill?”

Buckheit: “I would say, thank you, John Ramill. He's a man who's capable of
thinking outside the box, looking down the road and doing what's right for his
community.”

And Buckheit believed Tampa was just the beginning.

Buckheit: “We felt we had put together something that a company showed it
could live with, and perhaps this could be a model for other settlements across
the country that could reduce emissions by millions of tons.”

And for a time, it seemed like that might actually happen. Buckheit's office
continued to launch more investigations, and a handful of companies began their
own settlement talks. But even as his enforcement efforts were beginning to
have some effect, the utility industry was fighting back, hoping to undermine
the lawsuits by having the new source review rule changed. Their argument was
that New Source Review "would repeatedly delay critical repair, replacement and
efficiency projects...[and] adversely effect the reliability of the nation's
power supply."

Last year, during a visit to one of the nation's largest coal-burning power
plants, President Bush announced that New Source Review had been overhauled.
The new rule encourages utilities to make improvements to their old plants to
increase their efficiency, while relaxing the requirement to add those
expensive pollution controls. the change was made in spite of a 2001 memo from
former EPA Administrator Christine Todd Whitman to Vice President [censored] Cheney,
warning: "we will pay a terrible political price if we undercut or walk away
from the enforcement cases. It will be hard to refute the charge that we are
deciding not to enforce the Clean Air Act."

While the energy industry applauded the rule change, more than a dozen state
attorneys general appealed it, asking the federal courts to reinstate New
Source Review as a necessary enforcement tool. Buckheit says it was the hammer
that helped him forge that landmark agreement in Tampa. And John Ramil agrees.

Phillips: “Bruce Buckheit says he saw no suggestion that short of citing the
company for violations and the threat of a lawsuit that these changes would
have been made. Is that a fair statement?”

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