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Environmental Protection Agency Inspector General Nikki Tinsley released a report Sept. 30 that says that allowing the NSR program to go forward without reform could result in greater environmental benefits.
The Bush administration has said the old NSR rules actually discourage older coal-burning electric power plants from making modifications that could benefit the environment and energy efficiency because undertaking such changes could force the plants to install the most expensive and modern air pollution control equipment.
The inspector general´s report, however, describes a rift within the EPA between the Office of Air and Radiation, which proposed and embraces the reforms, and the Office of Enforcement and Compliance, which argues that the changes are hindering ongoing litigation and out-of-court settlements.
The Natural Resources Defense Council, an environmental group, embraced the inspector general´s report, saying it shows that the EPA is undercutting enforcement actions against polluting power plants.
However, a former EPA official and current advisor for the Electric Reliability Coordinating Council, an industry group, said the inspector general´s report "seriously misstates both law and facts."
"The report represents another disturbing example of the [inspector general] running far afield from the office´s mandate and expertise," said Ed Krenik, who works for a law firm that advises the ERCC.