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NEW LEAD-BASED PAINT REGULATIONS This rule establishes requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. (Environmental Tip of the Week-4/14/08)
EPA PROPOSES REDUCTION IN OZONE STANDARD "America's air is cleaner today than it was a generation ago. By meeting the requirement of the Clean Air Act and strengthening the national standard for ozone, EPA is keeping our clean air progress moving forward," said EPA Administrator Stephen L. Johnson. The new primary 8-hour standard is 0.075 parts per million (ppm) and the new secondary standard is set at a form and level identical to the primary standard. According to the Washington Post, EPA Staff recommended a secondary standard, which was rejected by the President. The previous primary and secondary standards were identical 8-hour standards, set at 0.08 ppm. Because ozone is measured out to three decimal places, the standard effectively became 0.084 ppm, and areas with ozone levels as high as 0.084 ppm were considered as meeting the 0.08 ppm standard, because of rounding. Pennsylvania Department of Environmental Protection Secretary Kathleen A. McGinty said that the new ground level ozone standards ignore the recommendations of the agency's own Clean Air Scientific Advisory Committee, and consequently, do not go far enough in protecting human health and the environment. Pennsylvania has urged the EPA to adopt the committee's recommendations in setting the new acceptable levels for ozone. "I am disappointed the EPA administrator ignored the advice of his own scientific advisory committee in setting the new ozone level that is intended to protect people's health," said McGinty. "Sound science must be used in setting public policy, and that has not happened in this case. Unfortunately, this action is in keeping with the EPA's track record of ignoring science and making decisions based on politics." The EPA's Clean Air Scientific Advisory Committee, which includes members from academia and private research institutions, recommended the standard be set between 60 and 70 ppb of ozone in order to protect human health. The federal agency today set the standard above that recommendation at 75 ppb. "Last fall, the commonwealth offered testimony before the EPA that the decision on new ozone standards should be based on scientific advisory committee’s recommendations," said McGinty. “The federal Clean Air Act is clear that protecting the public's health must be the driving force in setting primary standards, but EPA has not adhered to that requirement." Pennsylvania and other states must monitor the air for ozone and other pollutants, and take steps to meet the EPA-set standards. Air containing ozone measured at 84 ppb meets the present standard. EPA Administrator Johnson said, "The Clean Air Act is not a relic to be displayed in the Smithsonian, but a living document that must be modernized to continue realizing results. So while the standards I signed may be strict, we have a responsibility to overhaul and enhance the Clean Air Act to ensure it translates from paper promises into cleaner air." Ozone can harm people's lungs, and EPA is particularly concerned about individuals with asthma or other lung diseases, as well as those who spend a lot of time outside, such as children. Ozone exposure can aggravate asthma, resulting in increased medication use and emergency room visits, and it can increase susceptibility to respiratory infections. Ground-level ozone is not emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs)"cook" in the sun. Power plants, motor vehicle exhaust, industrial facilities, gasoline vapors and chemical solvents are the major human-made sources of these emissions. EPA estimates that the final standards will yield health benefits valued between $2 billion and $19 billion. Those benefits include preventing cases of bronchitis, aggravated asthma, hospital and emergency room visits, nonfatal heart attacks and premature death, among others. EPA's Regulatory Impact analysis shows that benefits are likely greater than the cost of implementing the standards. Cost estimates range from $7.6 billion to $8.5 billion. EPA selected the levels for the final standards after reviewing more than 1,700 peer-reviewed scientific studies about the effects of ozone on public health and welfare, and after considering advice from the agency's external scientific advisors and staff, along with public comment. EPA held five public hearings and received nearly 90,000 written comments. As part of this action, EPA also has updated the Air Quality Index (AQI) for ozone to reflect the change in the health standard. The AQI is EPA's color-coded tool for communicating daily air quality to the public. (Env. Tip of the Week-3/17/08)
EPA PROPOSES STRONGER AIR QUALITY STANDARDS FOR LEAD "By tackling lead emissions, EPA is keeping America's clean air progress moving forward," said EPA Administrator Stephen L. Johnson. "With EPA's early May proposal, we can write the next chapter in America's clean air story." The proposal recommends tightening the primary standard to protect public health by 80 to 93 percent. It would revise the existing standard of 1.5 micrograms per cubic meter of air to a level within the range of 0.10 to 0.30 micrograms per cubic meter. The agency is taking comment on alternative levels within a range from less than 0.10 to 0.50 micrograms per cubic meter. Since 1980, emissions of lead to the air have dropped nearly 98 percent nationwide, largely the result of the agency's phase-out of lead in gasoline. And average levels of lead in the air are far below the level of the 1978 standard. Lead in the air today comes from a variety of sources, including smelters, iron and steel foundries, and general aviation gasoline. About 1,300 tons of lead are emitted to the air each year, according to EPA's most recent estimates. Lead that is emitted into the air can be inhaled or, after it settles out of the air, can be ingested. Ingestion is the main route of human exposure. Once in the body, lead is rapidly absorbed into the bloodstream and can affect many organ systems. EPA must issue a final decision on the lead standard by September 15, 2008. Details about the proposal and public hearing information can be found on: www.epa.gov/air/lead. (EPA-5/1/08)
ACTIVISTS FILE FIRST COAL WASTE SUIT TO PRESSURE EPA FOR STRICT RULES However, industry sources are urging EPA not to issue national CCW rules because they say the disposal decisions are best determined on a case-by-case analysis that takes into account specific geographic, climactic and a host of other conditions that cannot be addressed by a national rule. The Kansas case, Sierra Club v. Kansas Department of Health and Environment (KDHE), filed February 27 in the District Court of Shawnee County, KS, challenges a Kansas environment department permit issued to Holcomb Common Facilities, LLC, to operate an industrial solid waste landfill. The landfill permit Sierra Club is challenging is a significant expansion of an existing facility that the group says poses "significant threats" to groundwater from leaching hazardous constituents in the CCW. Environmentalists opposed the expansion in comments on the proposed permit last year, saying they were prepared to litigate if KDHE finalized it. Sierra Club's suit says the permit does not comply with a state law that requires landfills not degrade groundwater because there is "inadequate" date on both the waste and the groundwater quality. "This failure to establish a baseline of current groundwater quality makes it impossible to determine whether future landfill operations will degrade groundwater quality," the petition says. The group also says the permit, approved January 28, fails to require a cap and liner on the landfill expansion, and urges the court to revoke the permit. The landfill is intended to serve a proposed Sunflower Electric Power Corp. power plant, which has attracted significant attention over the state’s rejection of it due to global warming concerns. Holcomb is part of the Sunflower Corp. Company officials in April comments to KDHE said water quality data at the existing landfill show no impacts to groundwater, which has operated for more than 20 years. The expansion would nearly quadruple the landfill’s capacity from 4.6 million cubic yards to 16.8 million cubic yards. (By Anthony Lacey, Superfund Report-3/10/08)
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