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Context of 'December 5, 2006: EPA Declares It May Do Away with National Standards for Lead'

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The EPA Office of Inspector General (OIG) releases its investigative report on the EPA’s response to the environmental consequences resulting from the collapse and burning of the World Trade Center towers. [BNA Daily Environment Report, 3/20/2003; Environmental Protection Agency, 8/21/2003 pdf file] The report, titled, “EPA’s Response to the World Trade Center Disaster Collapse: Challenges, Successes, and Areas for Improvement,” concludes:
bullet The agency did not have sufficient data to support its claim that air in Lower Manhattan following September 11 was “safe to breathe” (see January 5, 2006).
bullet The White House Council on Environmental Quality (CEQ) “heavily influenced” the EPA’s press releases, minimizing the risk to public health. Selected emails analyzed by OIG “indicated that CEQ dictated the content of early press releases” (see (September 12, 2001-December 31, 2001)).
bullet The EPA does not have an adequate system for reviewing and approving the content of EPA press releases.
bullet The EPA misled the public by failing to acknowledge that “health standards do not exist” for the cumulative simultaneous impact of exposure to more than one toxin and that the synergistic effects resulting from these combinations are not well-understood.
bullet The EPA Region 2 incorrectly applied AHERA and NESHAP asbestos standards as safety benchmarks when in fact these referred to the detection limits of certain testing methods (see (September 12, 2001)).
bullet The EPA failed to consider the short-term impacts of acute exposure to various toxins.
bullet The EPA lacked sufficient data on 10 of the 14 “pollutants of concern” identified by scientists as possible components of the WTC dust and debris.
bullet The EPA based its assessments on a risk standard of 1-in-10,000 for only some of carcinogenic pollutants thought to be contained in the clouds instead of the 1-in-1,000,000 acceptable-risk standard. It also ignored the agency’s traditional reliance on the 1-in-100,000 level, which usually triggers corrective action.
bullet The OIG determined there is “no evidence that EPA attempted to conceal data results from the public.” However, EPA scientist Cate Jenkins provides evidence the EPA and the City of New York DEP did in fact alter and in effect, conceal data results (see July 15, 2004).
bullet The OIG finds that the EPA should have implemented the National Contingency Program (see 1972), which would have given EPA jurisdiction over other government agencies and control over the issue of indoor air contamination. Critics of this report will argue that the EPA had in fact implemented the NCP immediately after the attacks (see After November 1, 2001).

Entity Tags: Council on Environmental Quality, Office of the Inspector General (EPA), Cate Jenkins, PhD.

Timeline Tags: Environmental Impact of 9/11

The Environmental Protection Agency (EPA) announces that it will not regulate dioxins in land-applied sewage sludge, which is considered to be the second largest source for dioxin exposure. [Natural Resources Defense Council, 10/17/2003; Washington Post, 10/18/2003; Associated Press, 10/18/2003] The decision goes against a December 1999 proposed rule calling on the EPA to regulate the application of sludge, which is used for fertilizer on farms, forests, parks, and golf courses. [Washington Post, 10/18/2003; Associated Press, 10/18/2003] The EPA says that regulation is not necessary because dioxins from sewage sludge do not pose significant health or environmental risks. But according to a National Research Council report completed the year before, the agency had been using outdated methods to assess the risks of sewer sludge. [Associated Press, 10/18/2003] According to the Natural Resources Defense Council, dioxins are “among the most toxic substances on Earth” and are responsible for causing cancer and diabetes, as well as nervous system and hormonal problems. The NRDC says that the decision violates the Clean Water Act, which charges the agency with restricting the level of toxic pollutants that harm human health or the environment. [Natural Resources Defense Council, 10/17/2003]

Entity Tags: Ivan L. Frederick II, Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

The Environmental Protection Agency posts a notice in the Federal Register announcing that it will continue studying the 51 drinking water contaminants included in its 1998 Contaminant Candidate List. [Environmental Protection Agency, 4/2/2004] But the announcement seems to suggest that the EPA is continuing to ignore recommendations embodied in three National Research Council reports—Setting Priorities for Drinking Water Contaminants (1999), Identifying Future Drinking Water Contaminants (1999), and Classifying Drinking Water Contaminants for Regulatory Consideration (2001)—which suggested, among other things, that the agency use the latest gene-mapping technology to screen for a more comprehensive list of contaminants, including waterborne pathogens, chemical agents, disinfection byproducts, radioactive substances and biological compounds. The Natural Resources Defense Council and other health and environmental groups have urged the agency to follow the Council’s recommendations in order to protect the public against the numerous contaminants that have been shown to be detrimental to human health but which are not currently regulated. [Water Science and Technology Board Newsletter, 5/2001 pdf file; Natural Resources Defense Council, 12/31/2005]

Entity Tags: National Research Council (NRC), Natural Resources Defense Council, Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA releases a staff paper evaluating the policy implications of recent studies on the health and environmental impacts of lead pollutants in an effort to determine whether it may be appropriate to abolish the national standard for lead. It states that “given the significantly changed circumstances since Pb [lead] was listed in 1976, we will evaluate the status of Pb as a criteria.” [US Environmental Protection Agency, 12/2006, pp. 1-1 pdf file; US Congress, 12/6/2006 pdf file] The EPA’s current hazard summary for lead compounds states that “[l]ead is a very toxic element, causing a variety of effects at low dose levels. Brain damage, kidney damage, and gastrointestinal distress are seen from acute (short-term) exposure to high levels of lead in humans.” [US Environmental Protection Agency, 1/2000] Earlier in the year, a lobbying group named Battery Council International wrote to a top EPA air quality official asking him to remove lead from the EPA’s list of air pollutants. The organization also spent $220,000 lobbying public officials from 1998-2002. [Associated Press, 12/7/2006; Center for Responsive Politics, 12/16/2006, pp. 1998-2002]

Entity Tags: Battery Council International, Environmental Protection Agency

Timeline Tags: US Environmental Record

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