Court Precedent Grants Corps Broad Permit Power For Navigation Projects

A federal appellate court has upheld a Clean Water Act (CWA) permit for a Delaware River navigation dredging project in a precedent-setting ruling that could limit states' ability to challenge the permits just as many ports are looking to do similar dredging to accommodate a new class of massive vessels able to transit the widened Panama Canal. In a case of first impression, the U.S. Court of Appeals for the 3rd Circuit ruled July 3 in Delaware Department of Natural...

Key Senator Vows To Revive Push To Address Nanomaterials' Risks

Sen. Ron Wyden (D-OR), co-chair of the Congressional Nanotechnology Caucus, is vowing to revive efforts to set federal policy on nanomaterials and related environmental, health and safety (EHS) research, arguing that in the face of federal gridlock, states and localities will adopt their own policies, creating a patchwork that constrains industry. At a June 27 panel discussion on Capitol Hill hosted by the American Chemical Society, Wyden warned that more states, counties and municipalities could adopt their own nanomaterial rules,...

Citing GAO, Democrats Push EPA For More Study Of Oil Dispersants' Effects

Two Democratic lawmakers are pushing EPA to require more rigorous testing of oil dispersant agents and to consider their potential health impacts in light of the aftermath of the 2010 Gulf of Mexico oil spill, citing a new Government Accountability Office (GAO) report urging federal agencies to coordinate and prioritize research on the chemicals. "In light of the expansion of offshore drilling in both the Gulf and Arctic regions, it is necessary that the EPA ensure that future spill mitigation...

EPA Raising Concerns Over Draft House Bill On Collecting Recycling Data

EPA is raising concerns over draft House legislation that is intended to boost domestic recycling of paper, glass and aluminum, saying that while the agency supports the bill's goals, its reliance solely on voluntarily reported data will result in significant data gaps that would prevent the private sector from increasing the use of recyclable materials. At issue is legislation being developed by Reps. John Sullivan (R-OK) and Dan Boren (D-OK) that would authorize EPA, with assistance from the Energy and...

Senators Reiterate Call For Camp Lejeune Water Data As Part Of FOIA Inquiry

Leaders of the Senate Judiciary Committee are rejecting the Navy's refusal to release water modeling data related to historic contamination at Marine Corps Base Camp Lejeune, NC, and are reiterating their calls for the service to turn over the data, saying it is key to an inquiry into the military's use of Freedom of Information Act (FOIA) exemptions. The continued battle between the Department of the Navy (DoN) and lawmakers regarding Camp Lejeune data highlights a case lawmakers have flagged...

ATSDR Urges EPA To Strengthen Lead Assessment At Small Arms Ranges

A federal health agency is urging EPA to strengthen soil sampling procedures and land use controls for addressing lead left at former military small arms ranges, some of which are accessible to children, saying that current policies have not adequately prevented harmful exposure at an elementary school located at Tyndall Air Force Base in Florida. "Current environmental regulations, policies, standard operating procedures, and methods employed during the environmental investigations of Tyndall Elementary School have failed to address the major health...

As Final EPA Rule Nears, Laundered Wipe Group Study Downplays Risks

As EPA moves closer to completing a long-stalled rule to ease waste-handling requirements for reusable and disposable industrial towels, the group that represents the reusable wipes sector is touting a study that suggests that laundered reusable shop towels pose little to no health risk to workers relative to risk values set by EPA. The Textile Rental Services Association of America (TRSA), which favors reusable towels, June 29 issued a risk analysis sponsored by consulting firm ARCADIS that challenges a 2011...

Facing Blight, Ohio Officials Urge EPA To Soften Asbestos Demolition Rules

Ohio lawmakers are calling on EPA to "reassess" its requirement that contractors and others survey homes slated for demolition for asbestos, saying it is impeding efforts to remove blighted houses from cities -- an issue that other states are also struggling to address in the wake of the recession and foreclosure crisis that left millions of homes vacant. Sources say that EPA in recent meetings has provided little indication of whether officials may take action on the request, though Rep...

Industry Criticizes EPA Calculation Of Exposure Risk From Vapor Intrusion

Industry is criticizing EPA's approach to calculating the potential for subsurface contamination to migrate to indoor air, raising concerns over a technical document expected to be a component of the agency's final vapor intrusion guidance and over a Region III proposal to offer government-funded mitigation for vapor intrusion at homes near a Superfund site in Pennsylvania. Industry argues the so-called attenuation factors in the EPA documents are unnecessarily conservative and flawed because of incorrect assumptions of the rate at which...

Cleanup Experts Urge Federal Study Of Long-Term Management Options

A trio of well-known hazardous waste cleanup experts is asking EPA and the Department of Defense (DOD) to study whether allowing responsible parties to transfer their future liability for a site with residual contamination to a dedicated management organization might better protect human health than current remediation policies. The proposal from Lenny Siegel, Michael Kavanaugh and William Walsh to allow long-term management-only organizations (LTMOOs) to oversee monitoring and other post-cleanup measures at the many hazardous waste sites with residual contamination...

EPA Urges Industry, State Diligence Following Major UST Insurer's Exit

EPA is cautioning industry and state underground storage tank (UST) officials to carefully review insurance policies after a major UST insurer announced its withdrawal from the market, a development that several sources representing tank owners say brings added uncertainty to growing questions about how to meet federal requirements to ensure they have funds to clean up any tank leaks. A source with the Petroleum Marketers Association of America says although other private insurers still exist, the departure of the Zurich...

Cleanup Experts Urge Federal Study Of Long-Term Management Options

A trio of well-known hazardous waste cleanup experts is asking EPA and the Department of Defense (DOD) to study whether allowing responsible parties to transfer their future liability for a site with residual contamination to a dedicated management organization might better protect human health than current remediation policies. The proposal from Lenny Siegel, Michael Kavanaugh and William Walsh to allow long-term management-only organizations (LTMOOs) to oversee monitoring and other post-cleanup measures at the many hazardous waste sites with residual contamination...

Industry Criticizes EPA Calculation Of Exposure Risk From Vapor Intrusion

Industry is criticizing EPA's approach to calculating the potential for subsurface contamination to migrate to indoor air, raising concerns over a technical document expected to be a component of the agency's final vapor intrusion guidance and over a Region III proposal to offer government-funded mitigation for vapor intrusion at homes near a Superfund site in Pennsylvania. Industry argues the so-called attenuation factors in the EPA documents are unnecessarily conservative and flawed because of incorrect assumptions of the rate at which...

Industry Cites High Court Ruling In Bid To Limit EPA Deference In NSR Suit

The Detroit Edison Energy Company (DTE) is urging a federal appeals court hearing EPA's appeal of a lower court ruling rejecting a key aspect of its Clean Air Act new source review (NSR) enforcement program to heed a Supreme Court ruling that DTE argues rebuts EPA's claim it is entitled to deference for its NSR enforcement approach. In the U.S. Court of Appeals for the 6th Circuit suit, United States v. DTE , EPA is appealing a ruling that said...

House Farm Bill Includes Major Restrictions On EPA Pesticide Programs

The House Agriculture Committee is slated to begin marking up its version of the Farm Bill that includes a host of restrictions on EPA pesticide policies, including language preempting EPA's Clean Water Act (CWA) permit for pesticide spraying and barring officials from amending pesticide registrations due to endangered species concerns. The House bill also includes language reauthorizing EPA's authority to collect industry fees for pesticide registrations, a move that could split a broad coalition that is pushing to extend the...

Energy Cleanup Liability Fix Eyed

A former EPA brownfields official is developing proposed model language for EPA comfort letters and other site-specific agreements as an interim solution for mollifying renewable energy redevelopers' concerns about EPA's ability to shield renewable energy infrastructure at brownfields from cleanup liability. Marjorie Bulkholtz, a former EPA brownfields official who is now an environmental consultant with Environmental Consulting Solutions, has met with EPA waste headquarters officials, as well as meeting June 12 with EPA Region II Administrator Judith Enck, to advocate...

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Vapor Intrusion Proposal For Crossley Farm

GM Comments On Draft Guidance

EPA's Vapor Intrusion Database Report

 

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Discussion Draft For Amending Recycling Report

EPA Testimony On Recycling

Testimony From Aluminum Industry On Recycling

Testimony from Glass Recyclers


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