As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued, it is treated by those implementing it in the agency street-level bureaucracy as though it were a rule. Nonetheless, guidance is sometimes appropriate. The recent decision in Sierra Club v.… More
Tag Archives: PM10
Given how easy it can be to get discouraged about progress in addressing climate change, I think it’s helpful periodically to remember how much progress the U.S. has made in fighting air pollution. It thus seemed useful to note this story about current conditions in New Delhi, where PM levels are so high that one million (!) students are being kept home from school.
It’s also helpful to remember the tension inherent in the climate change fight. … More
On Friday, the Court of Appeals for the District of Columbia Circuit rejected EPA’s approach to implementation of the PM2.5 NAAQS. The fine particulate NAAQS was first published in 1997, and EPA issued implementation rules in 2007 and 2008. Those rules specified that EPA Subpart 1 of Part D of title I of the CAA – the general implementation provisions – rather than Subpart 4, which applies specifically to PM10. … More