Two sides on greenhouse gas

Nebraska is playing both sides of the fence concerning a federal mandate that greenhouse gas emissions must now be regulated.This spring, the Nebraska Attorney General's Office joined a group of states, which now number 16, in a lawsuit challenging the U.S.

Environmental Protection Agency's ruling last December that greenhouse gases endanger human health and should be regulated to fight global warming.

Now, however, the Nebraska Department of Environmental Quality is moving ahead to enact the new regulations, scheduling a public hearing Wednesday in hopes of meeting a Jan. 2 deadline to implement the new rules.

One of the entities most affected by the new rules, the state's ethanol industry, said they are OK with the state's dual approach.

Loran Schmit, a former state senator who is executive director of the Association of Nebraska Ethanol Producers, said that while his members don't think the new regulations and fees are necessary, defying the federal government would be worse.

The federal Clean Air Act has allowed for regulation of many pollutants, such as lead and sulfur dioxide, for years. But regulating greenhouse gases, such as carbon dioxide, is new — and controversial.

A group of 13 states, including Iowa, has filed a legal motion to defend the new regulations, and the Sierra Club has sued because it thinks the rules don't regulate enough polluters.

But some national business organizations and Nebraska Attorney General Jon Bruning have claimed that regulating greenhouse gases is unnecessary and could hurt businesses as they recover from the recession.

Nebraska's ethanol industry, a major emitter of carbon dioxide via the fermentation process, is reluctantly going along with the new rules even though 15 of the state's 24 ethanol plants, for the first time, will qualify as “major sources” of pollutants.

That designation will require those ethanol plants, and six other entities, to pay state emission fees, varying from $1,400 to $15,000 a year per business. They will have to apply for a permit as a major source of pollutants. And, under the new federal rules, they will be required to obtain permits on construction projects that increase greenhouse gas emissions by a certain amount.

Schmit said that while the paperwork and fees will be new hassles that could affect the creation of jobs, not enacting the new rules would be even more costly.

That's because it would force industries to go to the federal government, rather than the State of Nebraska, to obtain permits to build or expand facilities that emit greenhouse gases, a detour that could delay projects several months.

“We're not convinced this is necessary, but we have enough respect for DEQ that we're taking the least risky approach at this time ... not that we like it,” Schmit said. “The idea of regulating greenhouse gases is a reaction to something (global warming) that may not exist.”

Texas has chosen to ignore the rules. Nebraska Environmental Quality agency officials said the state opted not to join the rebellion.

Nebraska officials said they are moving ahead with adopting the greenhouse gas regulations as a contingency plan in case the lawsuit is not successful.

“We can't sit back and wait,” said Clark Smith, who heads the air quality permitting section of the Nebraska agency.

Joe Citta, an environmental manager with the Nebraska Public Power District, said that organizations like his prefer to deal with Nebraska regulators rather than federal officials.

But Citta said that the new requirement to obtain permits if new construction or modifications increase carbon dioxide emissions by 75,000 tons a year “creates challenges.” Such permits require the installation of devices to reduce carbon emissions, but no devices are yet commercially available, he said.

“This is all new. We're just going to have to get into it and see what happens,” he said.

Jane Kleeb, founder of BOLD Nebraska, said her group supports the new greenhouse gas rules as a “first step” in addressing global warming and shifting to cleaner, alternative energy.

“It's based on science, it's not just things pulled out of the air,” she said, adding that aggressive, energy conservation programs can be utilized by NPPD and others to reduce their greenhouse gas emissions.

Nebraska doesn't plan to charge fees based on the level of greenhouse gas emissions by a company, as a concession to the controversy. But emissions of greenhouse gases will be used to qualify industries as “major sources” of pollutants.

Because of that, 21 new entities will qualify as “major sources,” thus making them subject to increased regulation and payment of fees for their emissions.

Besides the 15 ethanol plants, the new major sources include Offutt Air Force Base, a landfill near Kearney and meat-processing plants in Crete and Grand Island.

source: omaha