Friday, May 4, 2001
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California regulators told congressional lawmakers on Thursday that clean air 
regulations are not to blame for the state's electricity shortages and said 
new legislation seeking to ease air quality rules was unneeded. 
Speaking at a House Commerce Energy and Air Quality Subcommittee hearing, the 
head of the California Air Resources Board repeatedly said environmental 
regulations should not be suspended for the sake of electricity. 
"Air quality laws are not interfering with California's ability to bring new 
generation on line and run existing power plants at maximum capacity," said 
Michael Kenny, executive officer of the board. 
When asked by Democratic lawmakers on the panel about a provision in a 
pending electricity bill, the California regulator said the state did not ask 
for a relaxation of clean air rules and did not need the change. 
"We believe that air quality-related sections of the legislation are 
unnecessary," Kenny said. 
Rep. Joe Barton, the Texas Republican who chairs the energy subcommittee, 
said the measures allow flexibility to states for the temporary suspension of 
environmental laws. He said the key point of his bill is to ensure the lights 
stay on in California this summer. 
The Golden State expects to face threats of blackouts starting this month, 
when air conditioning use accelerates. 
Objections raised by Kenny to the Barton bill included disagreement on a 
section allowing the U.S. Environmental Protection Agency to waive, when 
asked by a state, the requirements of the federal Clean Air Act pertaining to 
nitrogen oxide emissions. 
Kenny said the state already gives flexibility on the issue and contended the 
legislation would go too far and be problematic. 
"The waiver applies to all new generation facilities in the state and does 
not allow for consideration on a case-by-case (generating plant by generating 
plant) basis, where unique local factors can be weighed," said Kenny.