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Toxics

RULING COULD BACK EPA'S WATER PERMIT WAIVER FOR PESTICIDE APPLICATIONS

A recent appellate ruling backing EPA guidance exempting some aerial applications of pesticides that end up in waterbodies from clean water permit requirements could help EPA and other opponents of the requirements in a new California lawsuit that tests an agency regulation codifying the exemption.

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ORD NOMINEE MAY FACE INQUIRY ON WHITE HOUSE ROLE IN EPA TOXICS REVIEW

The Bush administration's nominee to head EPA's research office will likely face questions from Senate Democrats over his past support for a strong White House role in reviewing agency risk assessments.

The nominee, George Gray of Harvard University, has publicly supported handing White House agencies, such as the Office of Science & Technology Policy (OSTP), a central responsibility in selecting review panelists and ensuring that agencies implement their recommendations.

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Congressional Study Details EPA Power To Regulate Chemical Security

Congressional researchers are suggesting that EPA has always had the statutory authority needed to force the chemical industry to shore up security vulnerabilities, even though the Bush administration has downgraded the agency's role on the issue in favor of the Department of Homeland Security (DHS).

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Simulated Chemical Attack May Improve EPA Risk Assessment Measures

EPA sources say an ongoing simulated gaseous release in New York City will help emergency responders develop an improved strategy for reacting to a chemical attack or a major accidental spill in densely populated areas, and could improve EPA's ability to assess public health risks from such releases.

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Human Testing Ban May Prompt EPA To Miss Pesticide Review Deadlines

Amid industry requests to delay key pesticide decisions, EPA efforts to comply with the spirit of the recently enacted congressional ban on accepting human testing data for pesticide reviews may force the agency to miss statutory deadlines for a slew of major pesticide reviews the agency must complete by next year.

While environmentalists declined to say whether they would sue, one environmentalist argues the human testing data is not needed for EPA to complete the reviews.

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Ruling Could Back EPA's Water Permit Waiver For Pesticide Applications

A recent appellate ruling backing EPA guidance exempting some aerial applications of pesticides that end up in waterbodies from clean water permit requirements could help EPA and other opponents of the requirements in a new California lawsuit that tests an agency regulation codifying the exemption.

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ENVIRONMENTALISTS QUESTION EPA REVIEW OF RISK-BASED AIR TOXICS RULE

The Natural Resources Defense Council (NRDC) is warning that EPA must initiate a new air toxics rulemaking process because the agency's administrative reconsideration of its controversial risk-based exemptions for industrial boilers and process heaters unlawfully broadens the universe of emissions sources eligible for the waiver.

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SUIT COULD TEST EPA RULE GRANTING WATER ACT EXEMPTIONS FOR PESTICIDES

A new lawsuit in California could be the first to test the authority of a recently proposed EPA rule exempting some aerial applications of pesticides that end up in navigable waters from Clean Water Act (CWA) discharge permitting requirements, attorneys following the case say.

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CONGRESSIONAL STUDY DETAILS EPA POWER TO REGULATE CHEMICAL SECURITY

Congressional researchers are suggesting that EPA has always had the statutory authority needed to force the chemical industry to shore up security vulnerabilities, even though the Bush administration has downgraded the agency's role on the issue in favor of the Department of Homeland Security (DHS).

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SAB REVIEW OF ARSENIC STUDY MAY FORCE CHANGES TO EPA STANDARDS

EPA science advisers are questioning data the agency relied on when developing the risk assessment supporting its strict drinking water standard for arsenic due to take effect next year -- which could undermine the drinking water regulations, product safety requirements and cleanup targets at hazardous waste sites.

The development could also boost arguments by a slew of industry sectors -- including mining, pesticide, wood treatment and others -- that there are "safe" levels of arsenic exposure that warrant relaxed cancer estimates.

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