Reviewing Fracking's Risks
Concerns about some currently ignored human health and environmental risks from hydraulic fracturing are prompting calls for broader research on the issue:
Academies' NRC Seeks Broad Review Of Currently Ignored Fracking Risks
The National Academies' National Research Council (NRC) is preparing to undertake a preliminary review of the potential human and environmental risks of shale gas development, and in particular hydraulic fracturing, following concerns from advisers that risk studies by EPA and other agencies have failed to address the process as a whole.
Focus On Vapor Intrusion
EPA's Superfund National Priorities List cleanup program could be reprioritized following the agency's pending release of a key vapor intrusion rule:
EPA Sees New Vapor Intrusion Pathway Reprioritizing Superfund Cleanups
EPA says its upcoming rule adding vapor intrusion from underground sources of contamination as a pathway for determining whether a site should be placed on the Superfund National Priorities List (NPL) is likely to reprioritize its cleanup program toward those sites because they may pose a higher risk than other sites without such pathways.
EPA is strengthening vapor screening levels it first proposed for trichloroethylene in 2011 while weakening proposed tetrachloroethylene screening levels:
Following Risk Studies, EPA Revises Vapor Screening Limits For TCE, Perc
EPA has revised screening levels it is developing for determining vapor intrusion risks for the ubiquitous solvents trichloroethylene (TCE) and tetrachloroethylene (perc) at hazardous waste sites to account for recently revised toxicity values for the chemicals, according to recent EPA presentations to state officials on its upcoming vapor intrusion guidance for chlorinated solvents.
EPA's so-called vertical separation in its draft guidance on addressing petroleum vapor intrusion is winning praise from state and industry sources:
States, Industry Hail Science Behind Draft EPA Petroleum Vapor Guide
State and industry officials are praising EPA's draft petroleum vapor intrusion (PVI) guidance, saying the document represents a major advancement in the science of PVI and will lead to more accurate and efficient assessments of PVI risk from leaking underground storage tanks (USTs) by helping regulators quantify rates of biodegradation in healthy soil.
Scaled-Back Airport ELG
EPA estimates that its technology-based effluent limitation guidelines for the airport sector will reduce the volume of deicing-related pollutants by 16 million pounds at a cost of $3.5 million:
EPA Scales Back Airport Deicing ELG In Favor Of Site-Specific Controls
EPA is poised to promulgate a final Effluent Limitation Guidelines (ELG) for airplane and airport deicing operations that scales back proposed approaches for reducing contaminated runoff, opting for federal stormwater controls at only the largest airports and requiring facilities to switch to less harmful pavement deicing chemicals.
Push For PM Deadline
EPA is asking a court to give it until August 2013 to issue its delayed revisions to the federal particulate matter air standard, but states and activists are seeking a much shorter deadline:
Court Urged To Ignore OMB Review In Push For EPA PM NAAQS Deadline
States and activists seeking a court-ordered quick deadline for EPA to propose a revised particulate matter (PM) air standard are fighting the agency's claims that it needs more time to propose the rule in order to allow for White House review of the proposal, saying White House review cannot legally be a bar to setting a tight deadline.
Sackett Fallout Continues
Some court watchers say the Supreme Court's ruling in Sackett v. EPA creates pressure on lower courts to reconsider whether the Superfund enforcement system is constitutional:
High Court's CWA Ruling May Open Door To Superfund Due Process Suit
The Supreme Court may be more inclined to consider whether the Superfund law unconstitutionally bars pre-enforcement judicial review in the wake of its recent unanimous holding that Clean Water Act (CWA) compliance orders are subject to pre-enforcement judicial review on statutory grounds, legal observers say.
Cancer Panel Concerns
Environmentalists and other public health advocates are raising concerns that a federal interagency panel might not use a “precautionary approach” to addressing breast cancer risks:
Interagency Breast Cancer Panel Report May Drop 'Precautionary Approach'
A federal interagency panel on breast cancer research appears to be dropping draft advice that called on EPA and other government agencies to take a “precautionary approach” when assessing and addressing chemical and other environmental breast cancer risks.
Haze Program Advances
Environmentalists are citing a number of recent EPA decisions on western states' haze plans as a sign that the long-stalled federal haze program is finally advancing:
Activists See EPA Reaching 'Major Milestones' With Haze Program In West
EPA is achieving "major milestones" in advancing haze reduction programs in western states as part of its long-stalled regional haze program, environmentalists say, adding that although some of the state haze plans or federal plans imposed on states could be more stringent, a trend is emerging of progress in the program.
Background on the haze program from Inside EPA's Clean Air Report:
Despite Haze Deal, Oklahoma Vows To Continue Legal Fight Against EPA
Oklahoma is vowing to continue its legal fight against EPA's attempts to impose a regional haze pollution reduction plan on the state, despite a recent agreement between the state, EPA and others on closing one coal-fired boiler and imposing new emissions controls on another to resolve some EPA concerns about Oklahoma's haze plan.
Activists See EPA Retreat In Approvals For Weaker Western Haze Air Plans
Environmentalists seeking tougher pollution controls on power plants in order to cut regional haze are raising concerns about several recent EPA proposed and final approvals of Western states' haze plans, saying the decisions appear to show that the agency is retreating on requiring strict emission controls to reduce haze.
Doubts On Engine Rule
EPA's decision not to seek notice and comment on an interim rule establishing penalties for non-agency compliant diesel engines drew criticism from a federal appeals court judge:
Judge Doubts EPA Decision To Bypass Comment On Engine Penalty Rule
A federal appeals court judge at May 14 oral arguments appeared skeptical of EPA's reasons for not seeking notice and comment on an interim final rule allowing trucking company Navistar to sell vehicles that did not comply with EPA diesel engine emissions control requirements, echoing industry criticisms over the lack of a comment period.
