REGULATORS, DOD PURSUE WAYS TO IMPROVE FFERDC REPORT IMPLEMENTATION

Representatives from state and federal regulatory agencies and the Defense Department recently developed a list of possible solutions to improve implementation of a landmark report on how to handle cleanups at federal facilities. During a meeting of the Association of State & Territorial Solid Waste Management Officials (ASTSWMO) late last month, state waste managers discussed potential ways to broaden the use of the 1996 Federal Facilities Environmental Restoration Dialogue Committee (FFERDC) report. Proponents of the report believe it represents a...

ARMY AGREES TO CLEAN UP UNEXPLODED ORDNANCE UNDER SUPERFUND

Apparently fearing a precedent from a citizens' lawsuit, the Army has agreed to clean up unexploded ordnance (UXO) at closing military bases under Superfund law. Sources say the case marks the first time Superfund law has applied to UXO, and at least one attorney in the case says the Army's concession will have a "major impact" on closing base cleanups across the country. The military has yet to clean up much of its UXO -- munitions such as buried mortars,...

ACTIVISTS THREATEN SUIT OVER COMMENCEMENT BAY'S PCB CLEANUP LEVELS

While conceding they face an uphill battle, Washington state environmentalists Oct. 20 filed a notice of intent to sue EPA in federal court, charging that the agency's modified Superfund cleanup plan for the Commencement Bay Superfund site violates state cleanup standards for polychlorinated biphenyls (PCBs). The coalition contends that recent EPA decisions to amend the cleanup level for PCBs in the bay are inconsistent with Washington state's own cleanup levels. The environmentalists charge that this inconsistency may provide grounds for...

COURT WEIGHS EPA EFFORT TO DISMISS CHALLENGE TO MUNI LIABILITY POLICY

A federal district court in Washington heard oral arguments last week on EPA's motion to dismiss the suit filed by industry against its policy for settling Superfund liability for municipal owners and operators and generators and transporters of municipal solid waste. Oral argument in the suit, Chemical Manufacturers Association (CMA), et al v. EPA , is being heard in the U.S. District Court for the District of Columbia. While CMA had also filed a motion for summary judgment, asking that...

HIGH COURT LETS STAND 4TH CIRCUIT RULING EXEMPTING RECYCLERS

The U.S. Supreme Court last week refused to review a Fourth Circuit ruling that effectively exempted parties that sent materials to a Virginia foundry for recycling from Superfund liability. The high court announced Nov. 2 that the justices would not be reviewing a petition for hearing, or cert, filed by the foundry. Observers say the case may have a relatively limited impact on other Superfund cases because it might strengthen arguments against liability using the so-called "useful product defense." That...

STATE EFFORTS TO WIN EPA APPROVAL ON VOLUNTARY CLEANUP PACT HIT SNAGS

Negotiations between EPA and Oklahoma to agree on a voluntary cleanup pact may have run into trouble because of recent opposition from EPA enforcement officials to the scope of the proposed deal. Enforcement officials in headquarters are opposing the proposed plan even though regional officials have already approved the measure, EPA and state sources say. If approved, the pact would be one of the first voluntary cleanup deals between an EPA region and a state since the agency dropped a...

Superfund Report - 11/11/1998

Wed, 1998-11-11 00:00

Water Policy Report - 11/11/1998

Wed, 1998-11-11 00:00

EPA DECISION SIGNALS STRONG STATE ROLE IN ENVIRONMENTAL JUSTICE

EPA's recent precedent-setting decision that a proposed Michigan steel plant would not inflict discriminatory environmental risks on a local community deferred to the state's prior analysis and data, sending a strong signal that in future cases in this highly controversial arena EPA will provide states a pivotal role, according to EPA and other observers. The decision has been closely watched by states and other parties interested in EPA's emerging policies regarding complaints that proposed industrial facilities would expose poor and...

ENVIRONMENTALISTS CLAIM ELECTION VICTORY; OTHERS SEE LITTLE CHANGE

Environmentalists are declaring a major victory in Tuesday's elections, with the Sierra Club claiming victory in 37 of the 42 races it had targeted as priorities for the environment. But property rights advocates and industry groups say they see the election results essentially validating the status quo in Congress, arguing that the results are unlikely to break the standoff that has derailed many major environmental reforms over the past four years. Environmentalists are claiming victory in six of eight high-priority...

EPA WORKSHOP SIGNALS GREATER INVOLVEMENT IN TRANSPORTATION ISSUES

EPA soon will host an internal workshop on the implementation of the Transportation Efficiency Act for the 21st Century (TEA-21), signaling the beginning of the agency's greater involvement in transportation issues, and its enhanced interest in ensuring that transportation projects are more environmentally friendly. State sources say EPA's greater involvement in the transportation process reflects TEA-21's intent -- as well as the Clinton administration's agenda -- of making transportation-related projects more sensitive to environmental impacts. The U.S. Department of Transportation...

SPENDING BILL WILL ALLOW PUBLIC REVIEW OF EPA RESEARCH

Language in the fiscal year 1999 omnibus spending bill requiring increased public access and comment on scientific data could offer industry more opportunity to challenge scientific data and regulations from EPA and other federal agencies, an industry source says. An environmentalist says the provisions could effectively slow down the regulatory process and drain governmental resources. EPA sources were reluctant to comment on the measures, but say they have strongly opposed the language and fear it could lead to difficulties in...

EPA REVISES REINVENTION GUIDANCE TO SATISFY STATES

EPA has redrafted guidance to regions on implementing a regulatory reinvention agreement with the states, dropping key language on enforcement screening of reinvention participants that had enraged state environmental commissioners. As a result, state environmental commissioners last week dropped their objections to EPA's draft guidance, but passed a resolution restating their understanding that in all cases, the definitions and policies spelled out in the agreement will take precedence over any variations contained in the guidance. During an Oct. 26-29 annual...

CONGRESS PRESSES EPA ON PARTICULATE MATTER SPENDING

Congress last week reiterated its concerns to EPA over how EPA will pay for the costs of monitoring particulate matter under new Clean Air Act standards. Congressional representatives worry that EPA will slash state grant money to offset the cost of the particulate matter monitors -- at a cost to states of $100 million. A bipartisan group of legislators from committees with jurisdiction over environmental issues late last month urged EPA Administrator Carol Browner to explain how the agency plans...

MOST STATES WILL GET MONEY FOR RUNOFF, BUT TRIBES LAG

An EPA source says that "virtually all states" will receive additional federal funding this fiscal year to deal with nonpoint source pollution while Indian tribes still face statutory funding limits which could limit their ability to address water quality problems. As part of an effort to increase monitoring and assessment efforts nationwide, states were required to submit assessments of their overall water quality this year in order to be eligible for nonpoint source grants under section 319 of the Clean...

EPA AIMS TO DEFUSE STATE CONCERNS ON 'OVERFILING'

EPA officials say they hope to meet with states to assuage concerns that federal enforcement activities are undermining state authority to run environmental programs. At press time, EPA officials were mulling a variety of options to assure states that federal authority will not run roughshod over state enforcement of environmental law. EPA's efforts come after the issue of federal "overfiling" erupted at a meeting of state environmental commissioners in Idaho last week. States have long complained about EPA taking additional...

Text: Draft EPA Paper on NOx Benefits

How does the NOx Regional Transport Rule benefit coastal waters in the east? * Many air pollutants settle out of the air onto land or a water surface. This "deposition" of nitrogen oxide (NOx) pollution is a major source of nitrogen loadings to many coastal waters. For example, it accounts for roughly one third of total nitrogen loadings into the Chesapeake Bay and the Albemarle-Pamlico Sounds (in North Carolina). * Loadings of nitrogen compounds in coastal waters, which come from...

EPA STUDY: NOx RULE WILL PRODUCE SIGNIFICANT WATER QUALITY BENEFIT

Recent EPA efforts to reduce air pollution are projected to have a dramatic benefit for water quality, according to a draft EPA report, sparking greater agency interest in cross-media handling of pollution in coastal waters, agency sources say. A draft EPA paper on the water quality benefits of EPA's new air rules reveals that reducing emissions from electric utilities has impacts far beyond improving air quality and could inspire greater inter-medium cooperation on issues like nitrogen, an agency source says...

MAJOR THINK-TANK POISED TO REQUEST REINVENTION CASE STUDY PROPOSALS

A major think-tank is poised to release its request for proposed case studies demonstrating successful environmental reinvention programs, an effort Congress is closely watching, and has pledged $2 million to help evaluate arguments for reforming the existing command-and-control environmental protection system. The National Academy of Public Administration's (NAPA) Center for the Economy and the Environment -- which published landmark reports in 1995 and 1997 on efforts by EPA and states to reinvent environmental protection -- has been crafting its criteria...

ENVIRONMENTALISTS, INDUSTRY EYE CLEAN WATER ACT REAUTHORIZATION

Environmental groups are poised to launch strategy discussions regarding the Clean Water Act reauthorization over the next few weeks, according to sources representing the groups. Industry sources say there are several important water issues which they are also focusing on, including wetlands and runoff pollution. However, both sides say it is still questionable whether Congress will want to take up Clean Water Act reauthorization this year. The Clean Water Act, first passed in 1972, oversees water pollution cleanup and prevention...

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