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Reuters EPA Wants Power to Suspend Pollution Laws - US Rep

Date: 26-Sep-05
Country: USA
Author: Chris Baltimore

The plan, being drafted by senior officials at the Environmental Protection Agency (EPA), would let the agency's administrator waive anti-pollution laws governing emissions from power plants, refineries and other industry, according to documents released by Rep. Henry Waxman, California Democrat.

The draft document, titled "Legislative Changes Required For Hurricane Katrina Response," would let the EPA "exempt any person from any requirements" under the Clean Air Act.

It was prepared in response to last month's Hurricane Katrina, which destroyed offshore oil production platforms and halted some refinery operations in Louisiana, pushing retail gasoline prices to a record $3.07 national average.

The draft would allow the agency to waive any provision of the Clean Air Act without notice or public comment whenever the EPA chooses to declare an emergency, Waxman said.

Waxman said the document shows that the White House wants to roll back key US environmental laws under the guise of hurricane relief.

"It's bad enough that big polluters want to exploit the tragedy to pollute more, but it's even worse that Washington Republicans want to help them do it," Waxman said in a statement.

The EPA has "not made any final decisions," a spokeswoman said

"EPA is still working to determine where additional legal authority would help us facilitate more timely cleanup and reconstruction of areas devastated by Hurricane Katrina and any potential impact from Rita," EPA Press Secretary Eryn Witcher said in a statement.

The plan could give the EPA broad powers to waive state regulations on smog emissions beyond hurricane cleanup, as well as pollutants spewed by coal-fired power plants that cause acid rain, said Waxman.

For the EPA to act there must be "an Act of God or another event that could not have reasonably been foreseen or prevented," according to the draft document.

The draft proposal is similar to but broader than a bill filed by Republican Sen. James Inhofe of Oklahoma that would grant the EPA sweeping authority to waive temporarily clean air and water laws in Katrina's wake.

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