DTSC's Lowry Criticizes Military Base Cleanup, Future Use Plans

But state stymies redevelopment, consultant says DTSC's Lowry Criticizes Military Base Cleanup, Future Use Plans Toxics department chief Ed Lowry said last week that he's "troubled" by an emerging trend by the military to inadequately clean up former bases, relying in many cases on unclear future uses of the sites. Speaking before a Senate select committee, Lowry also reiterated his belief that the military should retain cleanup responsibility over transferred land indefinitely. "The military would like to transfer land and...

Industry Fears EPA Will Use Water Board Mercury Report As New TMDL

Industry Fears EPA Will Use Water Board Mercury Report As New TMDL The San Francisco regional water board last week took a significant step toward addressing the presence of mercury in the San Francisco Bay by transmitting to U.S. EPA a total maximum daily load (TMDL) resolution and report. The resolution does not include language suggested by dischargers urging EPA Region IX to reject adopting the report as a TMDL until the state produces an implementation plan. An industry source...

ARB Adopts Landmark Paint 'Reactivity' Reg Despite EPA Concerns

ARB Adopts Landmark Paint 'Reactivity' Reg Despite EPA Concerns The air board has adopted a landmark spray paint regulation that throws out mass-weight volatile organic compound (VOC) emission limits and replaces them with more complex "reactivity" limits for chemicals with varying amounts of ozone-forming VOCs. The change is opposed by two major environmental groups and is being questioned by U.S. EPA officials, who say there is insufficient science to prove the reactivity limits will reduce pollution, and who warn that...

Text: EPA Questions New ARB 'Reactivity' Reg For Spray Paints

Text: EPA Questions New ARB 'Reactivity' Reg For Spray Paints June 21, 2000 Michael Kenny Executive Officer California Air Resources Board 2020 L Street Sacramento, CA 95814-2815 Dear Mr. Kenny: I understand that the California Air Resources Board (CARB) has expended considerable resources developing a VOC reactivity component for the aerosol coating portion of California's consumer products program. While CARB's efforts have significantly advanced the discussion about VOC reactivity approaches, we have both science and enforcement related concerns with the...

CUPAs Irked By Cal/EPA, DTSC Charges Of Inadequate Enforcement

CUPAs Irked By Cal/EPA, DTSC Charges Of Inadequate Enforcement Local officials in charge of hazardous materials management programs continue to refute charges of inadequate enforcement, but the criticism is fostering discord between local agencies and Cal/EPA, as they consider ways to improve the program. Cal/EPA may push the matter by implementing a uniform enforcement policy for certified unified program agencies (CUPAs). CUPA officials are striving to make their enforcement program work uniformly statewide; problems are connected to the newness of...

Split Panel Approves Bill Giving ARB New Administrative Penal Authority

Split Panel Approves Bill Giving ARB New Administrative Penal Authority The Assembly Natural Resources Committee June 26 by a bipartisan 7-4 vote approved a bill to give the Air Resources Board new powerful authority to penalize violators of air pollution laws, up to $200,000, as an alternative to filing civil lawsuits. The bill, SB 2130 (Sen. Byron Sher, D-Palo Alto), was opposed by several industry groups but supported by the auto industry, which for the past few months has met...

Groups Vow To Overturn Relaxed Tosco Refinery Dioxin Permit

In wake of shutdown threat Groups Vow To Overturn Relaxed Tosco Refinery Dioxin Permit Two environmental groups are vowing to overturn a relaxed dioxin limit for a Tosco Bay Area refinery approved last week by the San Francisco regional water board, which was under a threat by Tosco that it would shut down the refinery if a more stringent limit was approved. The environmental groups call the action illegal and want it reversed before other refineries come forward seeking similarly...

Bill Seeking Equity Regulations For Power Plant Siting Derailed

Electricity shortage feared Bill Seeking Equity Regulations For Power Plant Siting Derailed Industry opposition and flagging Democratic support for a bill requiring environmental justice regulations in the siting of new power plants has put the measure in danger of being killed. The bill, SB 1622 (Sen. Richard Alarcon, D-Sylmar), was removed from this week's Assembly Utilities & Commerce Committee agenda and has already failed one vote. However, the author may still seek a vote-only hearing next week or in August,...

ARB Relaxes, Approves Rule For Districts To Cut Paint Emissions

ARB Relaxes, Approves Rule For Districts To Cut Paint Emissions The air board, over the objections of major paint industry groups, last week approved a "suggested control measure" (SCM) that some air districts are expected soon to adopt to crack down on volatile organic compound (VOC) emissions from a variety of paints and coatings. The board staff relaxed the SCM in terms of impact on industry through the addition of an averaging rule, exemption of certain rust prevention products and...

Governor's Concerns Slow Waste Tire Reduction Bill

Governor's Concerns Slow Waste Tire Reduction Bill Legislation aimed at eliminating the excess of waste tires in the state has been temporarily shelved to address several issues raised by the Davis Administration, including a proposed hike in the waste tire fee from 25 cents to $1.50 per tire. According to the administration, a fee level of 90 cents per tire "would increase the current program's funding nearly four-fold to address California's waste tire stream." To address the governor's issues, SB...

Panel OKs Bill For New SLC Power To Halt Oil Transfer Activities

Panel OKs Bill For New SLC Power To Halt Oil Transfer Activities The Assembly Natural Resources Committee June 26 approved a controversial bill to give the State Lands Commission (SLC) new authority to halt marine terminal oil transfer activities to prevent spills or accidents. The oil industry opposed the measure (SB 2181, Sen. Don Perata, D-Alameda) out of concern it will further complicate and duplicate authority over such matters among a variety of state agencies, including the Water Resources Control...

House Opts To Block EPA TMDL Funding In Proposed Budget

In response to dischargers' concerns House Opts To Block EPA TMDL Funding In Proposed Budget Yielding to concerns raised by industry and sewage treatment agencies, the House of Representatives last week blocked U.S. EPA from expending funds to develop total maximum daily loads (TMDLs). A House Appropriations Committee report singles out a TMDL guidance document by EPA Region IX as an example of inappropriate action. EPA "is strongly encouraged to direct its regions to revoke any such guidance and to...

Rules Committee Recommends Approval Of 3 Davis CIWMB Appointees

Rules Committee Recommends Approval Of 3 Davis CIWMB Appointees The Senate Rules Committee this week recommended confirmation of Gov. Gray Davis's three appointees to the waste board, including a representative for a post that has been vacant for nearly two years. Appearing before the committee June 26 were Steve Jones, who was re-appointed by Davis to serve as the industry representative on the California Integrated Waste Management Board; Jose Medina, who most recently was the director of the Department of...

Environmentalists Demand WTO Changes To Protect States' Rights

Environmentalists Demand WTO Changes To Protect States' Rights Environmentalists and public interest groups are renewing a campaign to seek greater environmental and states' rights protections as part of World Trade Organization (WTO) decision-making. Despite the apparent demise of a congressional resolution to withdraw U.S. approval of the WTO, environmentalists believe momentum is moving toward changes in the trade body. The campaign is expected to be popular with California groups angered by challenges under the North American Free Trade Agreement to...

OEHHA Prevails In Final Ruling Over Chemical TRI Listings

OEHHA Prevails In Final Ruling Over Chemical TRI Listings The health hazard assessment office emerged victorious from a nearly three-year legal battle with an agriculture group that sought to halt Cal/EPA from listing under Proposition 65 certain chemicals identified as either cancerous or reproductively toxic by U.S. EPA. The Western Crop Protection Association (WCPA) will not take the case to the state Supreme Court after a June 8 superior court reconsideration decision found that while under specific circumstances some listed...

Panel Passes Bill Easing Wastewater Discharge Penalties

Panel Passes Bill Easing Wastewater Discharge Penalties The Assembly Environmental Safety & Toxic Materials Committee this week passed legislation that provides relief to certain wastewater discharge violation penalties. The measure was requested by Gov. Gray Davis after he signed a penalty measure last year. Sen. Byron Sher (D-Palo Alto) said his SB 2165 sets "a limited amount of conditions" under which parties are not subject to minimum penalties established by last year's AB 1104 (Assemblywoman Carole Migden, D-San Francisco). That...

EPA Releases Draft Environmental Justice Title VI Guidance

EPA Releases Draft Environmental Justice Title VI Guidance U.S. EPA last week released long-awaited documents about how it will investigate and handle claims of environmental injustice from across the country under Title VI of the Civil Rights Act. EPA's Draft Recipient Guidance and Draft Revised Investigations Guidance are available at Inside Cal/EPA's website. The documents are intended to "protect public health and economic progress while ensuring that pollution does not unfairly and disproportionately affect minority communities." The guidance is intended...

Credit For Greenhouse Gas Emission Reductions Raised In Bill Approval

Credit For Greenhouse Gas Emission Reductions Raised In Bill Approval A bill approved this week by an Assembly panel may eventually lead to credits being granted to companies that voluntarily report to Cal/EPA emission reduction of greenhouse gases. In discussion during consideration of SB 1771 (Sen. Byron Sher, D-Palo Alto) by the Assembly Natural Resources Committee June 26, supporters of the bill indicated that participation in a voluntary greenhouse gas emission reduction program may qualify companies for special credits from...

EPA Launches Program To Reward Businesses Using Performance Systems

EPA Launches Program To Reward Businesses Using Performance Systems U.S. EPA announced this week a program to reward businesses using environmental management systems (EMS) with "regulatory and administrative flexibility, a more cooperative relationship with EPA, a reduction in both recordkeeping and reporting requirements and flexibility in meeting certain regulatory requirements." Cal/EPA has already launched its own statewide program seeking to reward businesses that use EMS. Dubbed the National Environmental Performance Track program, EPA will reward companies that exceed minimum regulatory...

DTSC Announces Early Transfer Of Navy Property To City Of Alameda

DTSC Announces Early Transfer Of Navy Property To City Of Alameda The toxics department last week announced the early transfer of the U.S. Navy's Fleet & Industrial Supply Center (FISC) to the city of Alameda. Under the transfer agreement, the Department of Toxic Substances Control will continue to provide regulatory oversight and long-term monitoring. "This early transfer enables the state and the city of Alameda to transition a former military installation into an economic anchor for the community," said DTSC...

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