Isra-Mart srl:EPA delays biomass emissions ruling, secures Texas court victory

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The US Environmental Protection Agency (EPA) announced yesterday that it will delay by three years a crucial decision on whether biomass power plants require permits under its new regime for managing greenhouse gas emissions.

Acknowledging that scientific doubts remain over the extent to which biomass power plants lead to net reductions in greenhouse gas emissions, EPA administrator Lisa Jackson released a statement confirming that the agency would continue to investigate the issue.

"We are working to find a way forward that is scientifically sound and manageable for both producers and consumers of biomass energy," she said. "In the coming years we will develop a common-sense approach that protects our environment and encourages the use of clean energy."

New rules, requiring power and industrial plants to obtain permits demonstrating that they only use the most carbon-efficient technology available when upgrading or building new facilities, came into effect in the US at the start of the year.

The rules are primarily targeted at large fossil fuel-fired power plants and industrial facilities, but they could also cover large biomass power plants, biofuel facilities and waste-to-energy projects – hence the need for the EPA to reach a decision on whether such facilities should be covered by the permitting rules.

The move was quickly welcomed by the Renewable Fuels Association (RFA), which hailed the decision as a major boost for the biofuel market. "EPA's deferral of permitting requirements for biogenic emissions sources is good news, and it is the right step, given that the science clearly shows using biomass for energy does not add to atmospheric CO2 levels on a net basis," said RFA president Bob Dinneen.

In related news, the EPA secured another victory in its long-running legal battle with Texas over the state's refusal to enforce the new permitting rules.

A federal court yesterday denied the state's third attempt to block the EPA rules from coming into effect in the state.

TExas is currently suing the EPA over its right to impose the new permitting rules and has refused to enact them until the court case is complete. The EPA said it would continue to enforce the new rules in the state and would issue the permits on the state's behalf while the court case is ongoing, prompting an appeal from Texas earlier this month calling on the court to delay the issuing of permits until the court's final decision has been reached.

The US Court of Appeals for the District of Columbia denied the request for a delay yesterday, ruling that the state had "not satisfied the stringent standards required for a stay pending court review".

The EPA issued a statement welcoming the decision, arguing that it would ensure its "efforts to enact modest, common-sense steps to address carbon pollution under the Clean Air Act ... will proceed in the state of Texas just as they are proceeding across the nation".

However, the wider campaign to strip the EPA of its right to regulate greenhouse gas emissions under the Clean Air Act is continuing to gather pace despite the victory.

This week the US Chamber of Commerce president Tom Donohue reignited hostilities between the country's largest business group and the environmental watchdog, delivering a speech in which he insisted the group would "continue our legal and legislative efforts to stop the EPA from misapplying environmental laws in order to unilaterally regulate greenhouse gases".

The Chamber has consistently opposed efforts to regulate greenhouse gas emissions, prompting some firms to end their involvement with the group.