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Environmental Policy (12-10-09)
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Environmental issues encompass a broad range of topics that interest the geoscience community. Topics include environmental clean-up of contaminated sites through the Superfund and Brownfield programs, health and environmental concerns associated with asbestos, and the environmental concerns associated with the disposal of solid waste. The EPA is the primary government agency responsible for protecting environmental health and safety through its regulatory, enforcement, and remediation authority. Issues related to clean air, clean water, nuclear waste and climate change are covered on separate AGI policy pages
Study Says Investing in Nature Could Save Trillions (11/09)
The Economics of Ecosystems and Biodiversity (TEEB) study sponsored in part by the United Nations, attempts to highlight the global economic benefits of biodiversity and the costs of ecosystem degradation. It stresses the value of nature to society and how often this value is overlooked in the international marketplace. The goal of the study is to increase the public awareness of nature’s value and encourage the introduction of effective policy.
The report shows that an annual investment of $45 billion to protect environmentally sensitive areas could save up to $5 trillion a year over several decades. The study sites one example in which Vietnam spent $1 million last year replanting mangroves which will result in a savings of $7 million on dike maintenance.
Mineralogists: Help Needed for Asbestos Research (11/09)
The National Institute for Occupational Safety and Health (NIOSH) drafted a research roadmap, Asbestos Fibers and Other Elongated Mineral Particles: State of the Science and Roadmap for Research, in January 2009. The roadmap provides an overview of the state of the science and a plan for future research in areas including toxicology, mineralogy, epidemiology, and exposure assessment.
A National Academies committee has now reviewed the roadmap and provided a report. The committee notes “significant inconsistencies and deficiencies in mineralogical terminology and nomenclature.” The committee recommends more rigorous terminology, a more systematic and integrated approach to mineralogical research in support of human health and greater involvement in planning and implementation from the mineralogical community.
More information is available at: http://www.cdc.gov/niosh/topics/asbestos/
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EPA Proposes Mining Clean-up Regulations (7/09)
EPA has announced that it will write regulations on financial responsibility requirements for the hardrock mining industry. Hardrock mining contributes to about a quarter of the nation’s toxic releases and mining companies to date have been able to leave behind an environmental mess that American taxpayers are forced to pay for, according to the EPA. The agency was supposed to draft rules after the Superfund program began in 1983, but has cited competing priorities and insufficient funds until a recent court order instructed them to do so.
EPA will first determine what hardrock mining facilities will be required to provide financial assurances that they can pay for clean-up necessary from their operations under the Superfund law. These will likely include facilities that extract metals and minerals and processing plants. They plan to have their proposed rule ready by spring 2011. They have yet to say what the financial assurances may be, but they could include trust funds, surety bonds, insurance, or letters of credit naming the government as the beneficiary. Once EPA proposes its rule for the hardrock mining industry, it will look at other industries that warrant financial assurances rules, including wood-treatment facilities, hazardous waste generators, and metal finishers.
EPA’s announcement comes at the same time that Congress is discussing hardrock mining reform to update the 1872 mining law. The House and Senate versions of the bill set aside certain public lands vulnerable to environmental degradation from hardrock mining. They also propose royalties to be imposed on mining operations that could in part pay for an abandoned mine trust fund to rehabilitate the land and improve public safety.
Oil Spill Recovery BIll Introduced in House (6/09)
Representative Lynn Woolsey (D-CA) introduced The Federal Oil Spill Research Program Act of 2009 (H.R. 2693) on June 3 to amend the Oil Recovery Act of 1990. She introduced this bill in light of the low percentage of recovery in oil spills, and the need for better technology in clean up efforts. The bill would coordinate federal research and development of oil spill prevention, detection, recovery, and mitigation. H.R. 2963 would expand the direction of the oil spill recovery program set by the Oil Recovery Act of 1990 to cover emerging challenges and making the interagency structure more efficient. In addition, the bill would provide grants to universities and research centers to develop new technologies to prevent, combat, and clean up oil spills. The House Science and Technology Committee Subcommittee on Energy and Environment held a hearing on the legislation and oil spill prevention and clean ups. There was consensus from witnesses and members that more needed to be done to increase the amount that is recovered in spills. Subcommittee Chairman Brian Baird (D-WA) recognized the need for more research and development to increase the level of mitigation when oil spills occur. The bill was forwarded to the full committee on June 16.
EPA Extends Comment Deadline For Cement Plant Rules (6/09)
The Environmental Protection Agency (EPA) is extending the public comment period to September 9, 2009 on a proposal to cut mercury emissions and other pollutants from Portland cement kilns. The proposed standards would limit the total hydrocarbon and particulate matter emissions allowed from the cement kilns that are large hydrochloric acid emitters. They will also hold three public hearings on the proposed rule on June 16, 17, and 18 in Los Angeles, Dallas, and Arlington, Virginia, respectively. Members of the public who want to speak may preregister up to two business days prior to the start of the hearing. To preregister to speak at the hearings, please contact Pamela Garrett at garrett.pamela@epa.gov or 919-541-7966.
More information on the proposed rule is available for download (PDF).
Asbestos Health Care And Clean Up In Montana (5/09)
Senators Jon Tester (D-MT) and Dianne Feinstein (D-CA) want the environmental and health problems associated with the former asbestos mine in Libby, MT addressed by the Environmental Protection Agency (EPA) and Department of Health and Human Services (HHS). On May 13, 2009 Tester asked the two agencies to collaborate to help the citizens affected by asbestos exposure through site clean up and health care provisions. The announcement came one week after the mine executives were acquitted of conspiring to shield the public from the health risks of asbestos.
Libby, Montana is home to the W.R. Grace and Co. vermiculite mine, which shut down in 1990. Over that past 40 years, nearly 200 people have died and more than 375 others have been diagnosed with asbestos-related fatal diseases. This spurred numerous environmental investigations and lawsuits. The EPA added the site to the National Superfund Priorities list in 2002, and was about to declare it a public health emergency when the Bush Administration stopped the declaration according to a report released by Senator Max Baucus (D-MT). Senator Baucus has asked the new EPA Administrator Lisa Jackson to reconsider the declaration and other plans related to Libby.
A press release from Senator Baucus about the interference with clean-up and health care provisions for those affected by the asbestos mine is available from the Senator’s web page at: http://baucus.senate.gov/newsroom/details.cfm?id=303823&&
Bipartisan Group Supports Black Carbon Emissions Bill (5/09)
The Senate Environment and Public Works Committee approved the Black Carbon Emissions Act of 2009 (S. 849). The bill requires the Environmental Protection Agency (EPA) to study the climate and health-related impacts of black carbon and to identify the most effective control strategies for the pollutant. The bill co-sponsors included Senator Barbara Boxer (D-CA) and Senator James Inhofe (R-OK), the leaders of the committee, who often disagree on policies and legislation, but have come together with other committee members from both parties in support of this measure.
The full text of the bill is available from Thomas at:
http://thomas.loc.gov/cgi-bin/bdquery/z?d111:s.00849:
Bill Is Pulled After EPA Announces Coal Ash Regulation (3/09)
The House’s first proposed legislation for new standards in coal ash impoundment facilities following the 2008 Kingston power plant spill in Roane County, Tennessee was pulled from mark-up on March 9, 2009 after the Environmental Protection Agency (EPA) announced plans to start regulating such structures. House Natural Resources Committee Chairman Nick Rahall (D-WV) announced he was pulling the Coal Ash Reclamation, Environment, and Safety Act of 2009 (H.R. 493) after the EPA’s announcement. He felt this would remove potential delays and allow the EPA to move forward immediately. "I am pleased that the Obama administration has acted so quickly to overcome 29 years of bureaucratic inertia at the EPA," commented Rahall in a statement concerning the EPA’s planned regulation. EPA Administrator Lisa Jackson stated on March 9, 2009 that the agency will have its proposed regulations on coal ash impoundments available by the end of the year.
Congress Considers Tougher Measures for Coal Ash Pit Disposal (2/09)
The December 2008 spill of 5.4 million cubic yards of coal ash sludge into residential areas and the Emory River near Kingston, Tennessee after a break in a containment pond wall prompted Congress to consider modifying current coal ash disposal regulations. The Coal Ash Reclamation, Environment, and Safety Act of 2009 (H.R. 493), proposed by House Natural Resources Committee Chairman Nick Rahall (D-WV), would require mandatory design and performance standards on coal ash impoundments to make them consistent with similar enclosures used for slurry waste in the coal mining industry. New requirements proposed in the bill include a geotechnical analysis of an embankment’s foundation area, an assessment of past surface mining activity at the proposed location of a structure, and mandatory inspection by a certified engineer during and after construction of the structure.
“We need to learn a lesson from what happened at Kingston, Tennessee. This issue cannot be ignored” stated Rahall at a February 12, 2009 subcommittee hearing. The bill was challenged by Congressman Doug Lamborn (R-CO) for not including a funding mechanism for enforcement of new standards. The bill currently calls for a 6-month time frame for implementation, although John Craynon of the Department of Interior’s Office of Surface Mining said it was unlikely the new standards could be in place in that short of a timeframe. Despite the potential delay, Rahall stated he was flexible with the timeframe and plans to bring the bill to full committee for mark-up as soon as possible. (02/09)
Stimulus Package to give $900 million to Environmental Cleanup (2/09)
At the start of the 111th Congress, the stimulus package gave $900 million to the Environmental Protection Agency (EPA) for the Hazardous Substance Superfund, Brownfields, and the Leaking Underground Storage Tank Trust Fund Program. In the past the EPA has been criticized of its management of clean-up sites in the past, and few discussions of environmental issues occurred in the 110th Congress, though money has been continually allocated to clean up hazardous waste. Hopefully with this added funding, the new EPA Administrator Lisa Jackson can work towards her pledge of making Superfund sites a priority.
Lisa Jackson Confirmed as the New EPA Administrator (1/09)
Lisa Jackson was confirmed as Administrator for the Environmental Protection Agency (EPA). At her confirmation hearing, she pledged “scientific integrity and the rule of law” at EPA. EPA has been in the news a lot lately because of decisions and rule makings, where the agency has been accused of ignoring the science in favor of special interests. Jackson will need to get to work right away because President Obama ordered an immediate review of the auto emissions waiver that California was denied a few months ago. The waiver would allow California to move forward with stricter auto emission standards and at least twelve other states would follow with similar restrictions.
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Superfund
Superfund is the name given to the federal government’s environmental program established to address abandoned hazardous waste sites. It is also the name of the fund established by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), which was signed into law and last revised by the Superfund Amendments and Reauthorization Act of 1986 (SARA). A Superfund site is defined as any land in the United States that has been contaminated by hazardous waste and identified by the Environmental Protection Agency (EPA) as a candidate for cleanup because it poses a risk to human health and/or the environment. CERCLA compels responsible parties to perform cleanups or reimburse the government for EPA led cleanups. The EPA maintains a Superfund website dedicated to educating the public about hazardous waste sites, including remediation activities, policy, cleanup process, and list of current sites.
Brownfields
Brownfields are contaminated sites with lower concentrations of hazardous material than Superfund sites. They are defined as a property where the expansion, redevelopment, or reuse of the site may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. In 1995 the EPA began its Brownfields Program, to help involved parties prevent, assess, safely clean up, and sustainably reuse brownfield sites in a timely manner. Through passage of the Small Business Liability Relief and Brownfields Revitalization Act (H.R. 2869) in 2002, polices that EPA had developed over the years were signed into law (Public Law 107-118). The Brownfields Law expanded EPA's assistance by providing new grant programs and other tools to promote sustainable brownfields cleanup and reuse. For fiscal year 2009, the EPA has already announced that 12 states will receive job training grants for Brownfield cleanup.
Asbestos
Asbestos is a toxic material and classified as a carcinogen by the EPA due to health risks associated with inhalation. The EPA issued a rule prohibiting the manufacture, processing, and importation of most asbestos products in 1989 due to the related health problems. However a 1991 ruling by the US Fifth Circuit Court of Appeals, in response to a lawsuit brought by the American and Canadian asbestos industries, essentially negated the rule. The lawsuit argued that the EPA had not thoroughly studied alternatives to an asbestos ban.
In 1999 a Supreme Court ruling revoked a $1.5 billion class action settlement and said it was up to Congress to develop legislation to help move the numerous asbestos lawsuits through the court system at a faster pace. A 2002 report “The Impact of Asbestos Liabilities on Workers in Bankrupt Firms,” written by Joseph Stiglitz and put out by Sebago Associates and the American Insurance Association, estimated the cost of asbestos claims resulted in more than 60 companies filing for bankruptcy. Despite repeated efforts and growing support to pass legislation banning asbestos, previous Congress’ have not been able to create any laws further defining the asbestos issue.
The EPA maintains an asbestos website dedicated to educating the public about asbestos, the health hazards, and the EPA’s role in the asbestos regulation efforts.
Libby, Montana
In Libby, Montana, home to the W.R. Grace and Co.'s closed vermiculite mine, nearly 200 people have died over the past 40 years, and more than 375 additional people have been diagnosed with asbestos-related fatal diseases. A byproduct of the vermiculite mining was the release of tremolite, a form of asbestos, into the air. In addition, there is concern that vermiculite ore shipped from Libby across the country may have contaminated other plants as well.
After years of debating who had the authority to address the environmental and medical problems of Libby, the EPA finally insisted in May 1999 that the site must be cleaned up. Less than a week later the EPA announced that it had known about the asbestos situation in Libby since the mid-1980's and found that asbestos-related death rates would be nearly 100%, yet had done nothing about it. This spurred an outside agency to perform an audit of the activities surrounding the mine, which was released in 2001 one day after W.R. Grace filed for bankruptcy. In October 2002, the EPA announced the addition of the Libby site to the Superfund National Priorities List.
Sources: AGI's Monthly Review
Contributed by Corina Cerovski-Darriau, Government Affairs staff; and by Merilie Reynolds, AGI/AAPG Fall 2008 Intern; Stephanie Praus, AGI/AIPG Summer 2009 Intern.
Background section includes material from AGI's summaries and updates for Asbestos the 110th Congress, Superfund/Brownfields in the 109th Congress, and the EPA website.
Please send any comments or requests for information to AGI
Government Affairs Program.
Last updated on December 10, 2009. |
