New York’s leading environmental, public health and civic organization expressed a heavy dose of skepticism with the news that U.S. Environmental Protection Agency (EPA) Administrator Christie Todd Whitman’s will not issue the report on a key Clean Air Act provision that was due this Friday. Whitman announced yesterday that the agency will instead include their recommendations in an power plant emissions reductions package this fall, which will fail to include carbon dioxide.

"The Environmental Protection Agency has clearly heard that the public does not want the Clean Air Act weakened," said Jason K. Babbie, environmental policy analyst for the New York Public Interest Research Group. "Less than one percent of the 130,000 comments submitted to EPA were in favor of weaker standards, which clearly shows that the Administration cannot gut the Clean Air Act in the dog days of summer and expect people to take it lying down."

The agency has decided to put on hold its White House-mandated 90 day "review" of a key Clean Air Act provision just days before its scheduled conclusion. Changing or junking the provision, which is called "new source review" or "NSR," and which deals with pollution from the oldest and dirtiest power plants, would have had a profound effect on air quality.

Two years ago, New York’s Attorney General, Eliot Spitzer, initiated an enforcement action against coal burning power plants that were violating New Source Review. He was joined by eight other Attorneys General, which led to the involvement of the federal government. Here in New York, the Department of Environmental Conservation has also issued notice of violations to seven power plant operators for violating New Source Review. Nationally, early settlement talks with three companies indicated that they were prepared to significantly reduce their pollution and upgrade old plants.

"While we will not know until September what EPA intends to recommend, we are concerned that the agency will sacrifice public health in order to protect polluting industries, " said Peter M. Iwanowicz, director of environmental health for the American Lung Association of New York State. "The EPA now has another month to persuade the White House to let it uphold the nation’s clean air laws or to figure out how to place a happy face on a very dirty and dangerous decision. The health of millions of New Yorkers is at stake,” continued Iwanowicz

A recent Clear the Air study shows that every year, between 5,500 and 9,000 Americans have their lives shortened by pollution from the power plants that have already been charged by the Department of Justice with violating the law.

"Emissions from dirty power plants can make people's lives miserable and even be fatal. By opting for further delay, this administration is unnecessarily jeopardizing the health and well-being of millions of Americans," said Gordian Raacke, executive director of the Citizens Advisory Panel, a Long Island energy watchdog group.

"Today, the Clean Air Act dodged a bullet. But we fear the Bush White House is getting ready to reload," said Anne K. Reynolds, air and energy director for Environmental Advocates.

EPA’s decision not to make a decision comes after four public hearings dominated by citizen advocates defending the Clean Air Act, over 120,000 public comments supporting the provision, and nationwide print and television media attention. The public outcry came after it became clear that the Administration intended to weaken clean air laws and to grant a pardon to dozens of plants that had violated the law.

"We urge Governor Pataki to weigh in with the Bush Administration in strong and absolute support for NSR," said Reynolds.