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Get the Lead Out

The Bush Administration’s anti-regulatory henchmen in the Office of Management and Budget are at it again – fighting to keep EPA and state environmental agencies in the dark about how much pollution is being emitted into the air.

 

On October 16, EPA announced that it was slashing the National Ambient Air Quality Standard for lead from 1.5 micrograms per cubic meter (µg/m³) to 0.15 µg/m³. (Side note: EPA’s 90-percent reduction in permissible lead levels is good, but it’s still on the high side of the 0.05 – 0.2 µg/m³ that its scientific advisory board suggested.) In order to enforce the new standard, EPA included in the rule new requirements for the number and location of lead monitoring stations. EPA requires a lead monitor for any facility that produces more than one ton of airborne lead per year.

 

But the Columbus Ledger-Enquirer reported last week that OMB, after last-minute closed-door meetings with the lead battery industry, pressured EPA to change the monitoring requirements. According to the Ledger-Enquirer:

A close look at documents publicly available, including e-mails from the EPA to the White House Office of Management and Budget, reveals that the OMB objected to the way the EPA had determined which lead-emitting battery recycling plants and other facilities would have to be monitored.

 

EPA documents show that until the afternoon of Oct. 15, a court-imposed deadline for issuing the revised standard, the EPA proposed to require a monitor for any facility that emitted half a ton of lead or more a year.

 

The e-mails indicate that the White House objected, and in the early evening of Oct. 15 the EPA set the level at 1 ton a year instead.

This is just one more instance of EPA Administrator Stephen Johnson changing his mind about air pollution policy to suit OMB. The most notorious example, of course, is his 180-degree turn on the California car emissions waiver.

 

The Ledger-Enquirer notes that EPA’s weakened lead monitoring requirements reduced the number of monitored sites from 346 to 134 facilities. The article also links to a cool utility on NRDC’s website that enables you to find out if the change will affect your neighborhood.

 

As it happens, my South Baltimore neighborhood is about a mile away from a plant that emits just over 1,000 pounds of lead per year, putting it in that critical “more than a half ton, but less than a full ton” range. Off the top of my head, I can count six elementary, middle, and high schools in the area – all of them filled with kids on whom EPA and the White House have just turned their back, at the behest of the lead battery industry.

 

Update/Clarification: In fact, as a metropolitan area with more than 500,000 residents, local officials would be required under the plan to install one monitoring station in the area to measure ambient lead concentrations. Of course, by the rule, that one monitoring station could be situated anywhere within the Baltimore metro area, which includes seven counties covering a total of more than 3100 square miles, a quarter of Maryland’s total area.

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Matt Shudtz | July 24, 2009

Get the Lead Out

The Bush Administration’s anti-regulatory henchmen in the Office of Management and Budget are at it again – fighting to keep EPA and state environmental agencies in the dark about how much pollution is being emitted into the air.   On October 16, EPA announced that it was slashing the National Ambient Air Quality Standard for […]

Rena Steinzor | July 23, 2009

Wanted: A Wise Latina

This post is co-written by CPR President Rena Steinzor and Policy Analyst Matt Shudtz. Just as the traditional media finished a breathless cycle of reporting on how prospective Supreme Court Justice Sonia Sotomayor had renounced her claim that a “wise Latina” would make different decisions than a white man, an article in USA Today reminded […]

Holly Doremus | July 22, 2009

Time For Mining Law Reform?

This item cross-posted by permission from Legal Planet. Hardrock mining (as opposed to oil and gas drilling) on federal land is a topic that rarely hits the national news. And there are plenty of other high-profile items on the agenda in DC at the moment, like health care reform and climate legislation. So I was […]

Robert Verchick | July 21, 2009

Peer Review Slams Corps’s New Flood-Control Study in the Gulf

A new report from the National Research Council on Friday slams a long-delayed Army Corps of Engineers hurricane protection study, saying it fails to recommend a unified, comprehensive long-term plan for protecting New Orleans and the Louisiana coast. You know the story: as Hurricane Katrina swept across New Orleans, the city’s levee system broke apart […]

Yee Huang | July 20, 2009

Lights! Camera! Action! The Roles of the Public Trust Doctrine in Water Litigation

This is the third of four posts on the application of the public trust doctrine to water resources, based on a forthcoming CPR publication, Restoring the Trust: Water Resources and the Public Trust Doctrine, A Manual for Advocates, which will be released this summer.  If you are interested in attending a free web-based seminar on […]

Yee Huang | July 17, 2009

The Public Trust Doctrine in Action: Increasing the Trust Principal

This is the second of four posts on the application of the public trust doctrine to water resources, based on a forthcoming CPR publication, Restoring the Trust: Water Resources and the Public Trust Doctrine, A Manual for Advocates, which will be released this summer.  If you are interested in attending a free web-based seminar on […]

Yee Huang | July 16, 2009

Water Resources & the Public Trust Doctrine: A Primer

This is the first of four posts on the application of the public trust doctrine to water resources, based on a forthcoming CPR publication, Restoring the Trust: Water Resources and the Public Trust Doctrine, A Manual for Advocates, which will be released this summer.  If you are interested in attending a free web-based seminar on […]

Joel A. Mintz | July 15, 2009

Lisa Jackson’s Memo on CWA Enforcement — Looks Like a Good First Step

In a memo sent to EPA’s Office of Enforcement and Compliance Assurance on July 2nd, Lisa Jackson, the Agency’s Administrator, observed that “the level of significant non-compliance with Clean Water Act permitting requirements is unacceptably high and the level of enforcement activity is unacceptably low.” She directed Agency officials to develop a new plan for […]

Rena Steinzor | July 14, 2009

Sunstein Watch: The Nominee Breaks Silence to Placate Cattle Ranchers; He Isn’t Sonia Sotomayor

Bowing to right-wing political pressure, Cass Sunstein, nominee for “regulatory czar” in the Obama Administration, broke months of official silence to plead his case with the cattle ranchers and agribusiness lobby who have engineered a hold on the nomination by Senator Saxby Chambliss (R-GA).  Sunstein’s move was all the more troubling because his absence from […]