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Profile: Environmental Protection Agency (EPA)

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October 3, 2001

“The samples are evaluated against a variety of benchmarks, standards and guidelines established to protect public health under various conditions.… EPA analyzed 34 samples taken in and around Ground Zero from October 8 to October 9. All samples showed results less than 70 structures per millimeter squared, which is the Asbestos Hazard Emergency Response Act (AHERA) standard for allowing children to re-enter school buildings after asbestos removal activities.” [Environmental Protection Agency, 10/3/2001]

Associated Events

March, 2 2004

“In evaluating data from the World Trade Center and the surrounding areas, EPA is using a protective standard under AHERA, the Asbestos Hazard Emergency Response Act, to evaluate the risk from asbestos in the outdoor and indoor air. This is a very stringent standard that is used to determine whether children may re-enter a school building after asbestos has been removed or abated. It is based on assumptions of long term exposure. EPA has chosen to use this standard, because it is the most stringent and protective, even though it is unlikely that the public will be exposed to asbestos from the World Trade Center site for extended periods of time. To determine asbestos levels, air filters are collected from monitoring equipment through which air in the school building has passed and viewed through a microscope. The number of structures—material that has asbestos fibers on or in it—is then counted. The measurements must be 70 or fewer structures per square millimeter before children are allowed inside.” [Environmental Protection Agency, 3/31/2005]

Associated Events

Environmental Protection Agency (EPA) was a participant or observer in the following events:

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The Environmental Protection Agency withdraws a Clinton era rule that imposes total pollution limits for all water bodies and requires federal oversight on the clean-up of nearly 300,000 miles of rivers and 5 million acres of lakes. The move will make it easier for states to remove waterways from the clean-up list and more difficult for other waterways to be added. [Perks and Wetstone, 1/2003, pp. 17-18 pdf file; Environmental Defense Center, 1/13/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA Office of Research and Development releases a comprehensive study on pollution in and around Ground Zero titled, “Exposure and Human Health Evaluation of Airborne Pollution from the World Trade Center Disaster.” The study concludes that the majority of residents and employees who returned to homes and offices after September 17 were “unlikely to suffer short-term or adverse health effects” from contaminants in the air. However the study warns that the thousands of people who were caught in the huge billowing dust clouds immediately after the towers collapsed, or who inhaled the air near the WTC site a few days after the attack, were “at risk for immediate acute [and possibly chronic] respiratory and other types of symptoms.” On page 77 of the report, the authors reveal that recorded dioxin levels from September through November were extremely high. For example, between October 12 and 29, a monitoring station on Park Row near City Hall Park recorded dioxin levels that averaged 5.6 parts per trillion/per cubic meter of air. This level is almost six times greater than the highest dioxin level ever recorded in the US, the report notes. The heaviest concentrations of dioxins were found at Ground Zero where concentrations “ranging from about 10 to 170” parts per trillion were recorded during the period between September 23 through November 21. Again the report observes that this figure is “between 100 and 1,500 times higher than typically found in urban air.” David Carpenter, MD, a researcher at State University of New York, tells the New York Daily News, “Those air levels are outrageous. There’s a very significant health danger here.” [New York Daily News, 12/31/2002]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Randy Waite of the EPA’s Office of Air Quality Planning says in an email to representatives of the meat industry, “We need to start getting across the idea that farms are going to continue to be vulnerable to citizen suits and this data will go a long way in helping us, in partnership, to find solutions to some of those issues, making them less vulnerable in the long run.” The Chicago Tribune, which obtained a copy of the email along with several other documents through the Freedom of Information Act, notes that Waite sounds almost as though he considers himself a partner with the industry his agency is supposed to be regulating, “arrayed against, for example, citizens who want to file lawsuits.” [Knight Ridder, 5/16/2004]

Entity Tags: Bush administration (43), Environmental Protection Agency, Randy Waite

Timeline Tags: US Environmental Record

EPA staffers are instructed by higher-ups not to analyze any mercury or carbon dioxide reduction proposals that conflict with the president’s “Clear Skies” bill or, if they do, to keep the results under wraps. For example, an alternative proposal sponsored by senators Thomas R. Carper and Lincoln Chaffee is analyzed by the EPA but its conclusions—showing that the Carper-Chaffee plan has some advantages over Clear Skies—are not released. According to one EPA staffer later interviewed by the New York Times, Jeffrey Holmstead, the assistant administrator for air programs, wondered out loud during a May 2 meeting, “How can we justify Clear Skies if this gets out?” And in June, EPA administrator Christie Whitman sends a letter to senators John McCain and Joseph Lieberman, informing them that the EPA will not do economic analysis on their alternative plan to reduce carbon dioxide emissions as they requested. Senator McCain later tells the New York Times that he did “not feel it was normal procedure to refuse to analyze a bill that is under the agency’s jurisdiction.” [New York Times, 7/14/2003]

Entity Tags: Bush administration (43), Thomas R. Carper, Jeffrey Holmstead, Joseph Lieberman, Lincoln Chaffee, Environmental Protection Agency, John McCain

Timeline Tags: US Environmental Record

The Bush administration announces a policy directive and proposed rulemaking that would significantly restrict the scope of the Clean Water Act, removing as much as 20 percent, or 20 million acres, of the country’s wetlands from federal jurisdiction. Officials claim the measures are necessary in order to comply with a 2001 Supreme Court decision that the US Army Corps of Engineers does not have the authority to regulate intrastate, isolated, non-navigable ponds solely on the basis that they are used by migratory birds. But the proposed rule and policy directive ignores a decision by the Department of Justice that the court’s ruling does not necessitate modifying the scope of the Clean Water Act. The administration’s directive and proposed rule interpret the 2001 decision to mean that all “isolated” intrastate, non-navigable waters are outside the jurisdiction of the Clean Water Act. [Environmental Protection Agency, 1/10/2003; New York Times, 1/10/2003 pdf file; Natural Resources Defense Council, 1/10/2003; Environmental Protection Agency, 2/28/2003 pdf file; Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file] Whereas the proposed rule must go through a lengthy federal process before going into effect, the policy directive is enacted immediately. The directive instructs regional offices of the EPA and the Army Corps of Engineers to halt protection of wetlands unless (1) the waterway lies adjacent to navigable rivers, streams and their tributaries or (2) the EPA’s headquarters in Washington has granted explicit approval to exercise regulatory authority. No approval however is required for the commencement of activities that could potentially pollute these waters. As a result of this directive, thousands of acres of wetlands, small streams, and other waters instantly lose federal protection. [New York Times, 1/10/2003 pdf file; Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file] The proposed rule will generate an immense public outcry. Ninety-nine percent of the 135,000 comments submitted to the EPA and Army Corps on this proposal will be opposed to it. Comments supporting the proposed rule will come from the National Mining Association, the Independent Petroleum Association of America, National Association of Home Builders, and other industry groups. Additionally, environmental and natural resource government agencies from 39 states, including 17 with Republican governors, will oppose the plan, while agencies from only three states will support it. Numerous local government entities, scientific groups, as well as a bi-partisan group of 219 representatives and twenty-six senators, will also come out against the proposal. [Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file]

Entity Tags: US Army Corps of Engineers, Environmental Protection Agency, Bush administration (43)

Timeline Tags: Hurricane Katrina, US Environmental Record

(Show related quotes)

A 50-page internal EPA report, written by the agency’s Office of Enforcement and Compliance, finds that the agency has done a poor job enforcing federal water pollution regulations. The study, which looks at about 6,600 industrial installations and wastewater treatment plants between 1999 and 2001, concludes that at any one time a quarter of all large industrial plants and water-treatment facilities are violating federal law. But only a fraction of these are ever held accountable. Furthermore, the office reports, 50 percent of the serious offenders exceed hazardous substance limits by over 100 percent and 13 percent exceed the limits by 1,000 percent. In 2001, the EPA took action against no more than 15 percent of the facilities judged to be out of compliance with water pollution rules. Less than half of these resulted in fines averaging about $6,000. [Washington Post, 6/6/2003; Reuters, 6/10/2003; Associated Press, 6/11/2003]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

President Bush presents his fiscal 2004 budget proposal. In it are billions of dollars in taxpayer subsidies to energy companies and several anti-environment provisions including cuts to the Environmental Protection Agency, natural resources spending, renewable energy programs, and clean water programs including a $492 million, or 37 percent, cut from a revolving fund used by states to upgrade sewage and septic systems and storm-water run-off projects. [Council, 2/4/2002 pdf file; Natural Resources Defense Council, 2/5/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, George W. Bush

Timeline Tags: US Environmental Record

A lawyer in the EPA’s general counsel’s office writes a confidential memo warning about the legal vulnerability of the proposed exemption (see January 14, 2002) for wood product plants from formaldehyde emission standards. The lawyer writes that the proposed exemption would result “in a regulatory approach equivalent to the one Congress specifically rejected” in 1990. “EPA would have a difficult time articulating any rational basis to defend such a… scheme.” [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The Environmental Protection Agency grants the oil and gas industry a two-year reprieve from regulations aimed at reducing contaminated water run-off from construction sites. The Clinton-era EPA phase II stormwater pollution rule “A” —scheduled to go into effect on this day—requires that companies obtain National Pollutant Discharge Elimination System permits for construction sites between 1 and 5 acres. But the EPA has decided that the Clinton administration had underestimated the rule’s impact on the oil and gas industry. In addition to granting the two-year reprieve, the agency says it will also consider giving the industry a permanent exemption. [Associated Press, 3/10/2003; Business and Legal Reports, 3/14/2003]

Entity Tags: Yellowstone National Park, Environmental Protection Agency, Grand Teton National Park, Bush administration (43)

Timeline Tags: US Environmental Record

Kathleen Callahan, an EPA assistant regional administrator, rejects the New York City firefighters union’s request to expand the EPA’s cleanup program (see May 8, 2002) for residential spaces in Lower Manhattan to four firehouses in Lower Manhattan. “We have not undertaken any cleanup of firehouses,” Callahan explains at an environmental symposium at Fordham University. “The program that we have is strictly residential and therefore, we would not do firehouses.” [Infinity Broadcasting Corp, 3/12/2003]

Entity Tags: Environmental Protection Agency, Kathleen Callahan

Timeline Tags: Environmental Impact of 9/11

The Environmental Protection Agency withdraws a June 2000 rule intended to clean up waters polluted by nonpoint source pollution such as agricultural runoff. The Total Maximum Daily Load was set to take effect under the Clean Water Act. [Florida Department of Environmental Protection, 6/8/2005] The rule was opposed by the construction industry which claimed it would increase building costs by requiring contractors to comply with “costly and burdensome water quality requirements.” [Associated Builders and Contractors, 3/21/2003]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

When asked to comment on allegations that the EPA had intentionally used testing methods incapable of detecting ultra fine particles and fibers in order not to find asbestos and other contaminants in Lower Manhattan, agency spokesperson Mary Mears tells Salon Magazine, “There are certain differences of opinion that will not be resolved.” She dismisses the fact that independent labs have found much greater levels of contamination than the EPA’s tests, arguing that the private labs may not have used precise EPA methods. She also denies that conditions in Manhattan are unsafe. “We do not agree that this is a public health concern,” she says. “We have not seen the evidence, we do not see the danger.” She explains that the volunteer program is not meant to address a safety problem, just calm the nerves of Lower Manhattan residents. “While we felt there wasn’t a big risk in the long term, we felt a need to offer something to those residents,” she said. “We do not feel this is a public-health emergency. But it goes well beyond anything that could be called a PR campaign.” [Salon, 8/15/2003]

Entity Tags: Mary Mears, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

EPA staffers write in a confidential memo that due to White House tinkering (see April 2003) with the agency’s forthcoming “Draft Report on the Environment” (see June 23, 2003) the report “no longer accurately represents scientific consensus on climate change.” [New York Times, 6/19/2003]

Entity Tags: Environmental Protection Agency, Council on Environmental Quality

Timeline Tags: Global Warming

The Environmental Protection Agency (EPA) privately meets with factory farmers to negotiate a “safe harbor” agreement. According to one draft of the deal—which bears a remarkable resemblance to a proposal made by industry lawyers (see June 11, 2003) —livestock farms would enroll in a two-year monitoring program during which time they would be exempt from federal air pollution laws and receive amnesty for their past violations as well. In exchange, the farms would pay up to $3,500 to help pay for the program. During the amnesty period, farms below a certain size would be automatically exempted from the laws. After two years, the EPA would use the collected data to establish permanent air emissions standards (see June 11, 2003). [New York Times, 5/6/2003; Knight Ridder, 5/16/2004] But the proposal does not require that farms submit to enforcement or adopt any technologies after the program is finished. Critics of the proposed deal note also that the number of farms participating in the monitoring program would represent less than 1 percent of the total number of US factory farms. [New York Times, 5/6/2003]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

In an internal EPA memo, agency staff describe three different courses of action the EPA administrator can take in dealing with the changes that the White House has made to the forthcoming “Draft Report on the Environment” (see June 23, 2003). Over the last several weeks, White House officials have made so many changes (see April 2003) to the climate change section of the report that scientists no longer believe the section accurately depicts the scientific consensus on the issue (see April 29, 2003). The first option suggested in the memo is that the EPA administrator could accept the edits made by the White House Council on Environmental Quality and the Office of Management and Budget. The memo notes that this would be the “easiest” road to take, but warns that the “EPA will take responsibility and severe criticism from the science and environmental community for poorly representing the science.” The altered report “provides specific text to attack,” the memo adds. According to the memo, the White House edits “undercut” the conclusions of the National Research Council (see June 2001) and the Intergovernmental Panel on Climate Change (see October 1, 2001). Alternatively, the memo suggests, the EPA administrator could opt to cut the entire climate change section from the report. The last option discussed in the memo is that the EPA administrator could stand firm against the White House’s “no further changes” edict and attempt to reach a compromise. While EPA staff seem to prefer this approach, believing that this is the “only approach that could produce a credible climate change section,” they caution that confronting the White House could “antagonize” officials and that “it is likely not feasible to negotiate agreeable text.” The EPA will ultimately choose to remove the climate section completely from the report. [US Congress, 1/30/2007 pdf file]

Entity Tags: Council on Environmental Quality, Office of Management and Budget, Environmental Protection Agency

Timeline Tags: Global Warming

John Thorne of Capitolink and Richard E. Schwartz, an environmental law attorney, write a memo on behalf of the industrial livestock farm industry to David A. Nielsen and Sally Shaver of the EPA with an “outline for a possible livestock and poultry monitoring and safe harbor agreement.” Under the proposed agreement, the EPA would provide industrial livestock farms with amnesty from federal air quality and toxic waste clean-up laws in exchange for the industry helping to fund an EPA program to monitor air pollution at the farms [Thorne and Schwartz, 6/11/2002 pdf file; Knight Ridder, 5/16/2004; Crowell and Moring, 5/22/2004] EPA officials and industry leaders will meet and discuss the proposed agreement on May 5 (see May 5, 2003).

Entity Tags: John Thorne, Sally Shaver, Richard E. Schwartz, Bush administration (43), Environmental Protection Agency, David A. Nielsen

Timeline Tags: US Environmental Record

The EPA inspector-general launches an inquiry seeking to determine “whether the agency is deliberately misleading the public by overstating the purity of the nation’s drinking water.” The inspector general is concerned that data collected by states from their utilities—which serves as the basis for EPA assessments on national water quality—is flawed due to significant underreporting of violations. According to EPA officials and internal agency documents, states may be underreporting violations by as much as 50 percent. Notwithstanding these concerns, the EPA will release its unprecedented “Draft Report on the Environment” five days later (see June 23, 2003). The heavily criticized document will claim that in 2002, “94 percent of the [US] population served by community water systems [was] served by systems that met all health-based standards.” But internal documents dating back to March suggest the figure is closer to the 75 percent to 84 percent range. [Washington Post, 8/6/2003]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The Bush administration releases its “Draft Report on the Environment,” which concludes that by many measures US air is cleaner, drinking water purer, and public lands better protected than they had been thirty years ago. The document, commissioned in 2001 by the agency’s administrator, Christie Whitman, is comprised of five sections: “Cleaner Air,” “Purer Water,” “Better Protected Land,” “Human Health,” and “Ecological conditions.” But it is later learned that many of its conclusions rest on questionable data. Moreover, the report leaves out essential information on global climate change and pollution sources. [Environmental Protection Agency, 2003; New York Times, 6/19/2003] In its “Purer Water” section, the report claims that “94 percent of the [US] population served by community water systems [was] served by systems that met all health-based standards.” But on August 6, the Washington Post will reveal that on June 18 (see June 18, 2003), an internal inquiry had been launched over concerns that the source data was flawed. “Internal agency documents… show that EPA audits for at least five years have suggested that the percentage of the population with safe drinking water is much lower—79 percent to 84 percent in 2002—putting an additional 30 million Americans at potential risk,” the newspaper will report. [Washington Post, 8/6/2003] Another troubling feature of the report is that a section on global climate change was removed (see June 2003) from the report prior to publication because EPA officials were unhappy with changes that had been demanded by the White House (see April 2003). [New York Times, 6/19/2003; CBS News, 6/19/2003; Associated Press, 6/20/2003] In place of a thorough discussion of the issue, the report only says: “The complexity of the Earth system and the interconnections among its components make it a scientific challenge to document change, diagnose its causes, and develop useful projections of how natural variability and human actions may affect the global environment in the future. Because of these complexities and the potentially profound consequences of climate change and variability, climate change has become a capstone scientific and societal issue for this generation and the next, and perhaps even beyond.” [Boston Globe, 6/20/2003; Guardian, 6/20/2003] The EPA’s report also leaves out information on the potentially adverse effects that pesticides and industrial chemicals have on humans and wildlife. [New York Times, 6/19/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency

Timeline Tags: Hurricane Katrina, US Environmental Record, Global Warming

The EPA announces that its budget of $277 million will allow it to begin clean-up work at only 10 of the 20 newly proposed Superfund sites. The agency selected the 10 sites based on their potential for economic redevelopment and their risk to human health. The reason for the funding shortfall is related to the lapsing of a polluter fee in 1995, which shifted the burden of clean-ups away from corporate polluters to taxpayers. The Bush administration has made no effort to push Congress to reinstate the “polluter pays” fee. [Environmental Protection Agency, 7/17/2003; Associated Press, 7/17/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Congress

Timeline Tags: US Environmental Record

President George Bush names Utah Governor Mike Leavitt as administrator of the Environmental Protection Agency (EPA), replacing Christie Todd Whitman who resigned in June. [US President, 8/18/2003] Leavitt was at the center of a controversy a couple of months ago for a back-room deal he made with Interior Secretary Gale Norton to suspend wilderness studies on millions of acres of Utah lands (see April 11, 2003). He supports replacing mandatory pollution controls with voluntary compliance programs for polluting industries and is a strong backer of the administration’s policy of shifting environmental regulation to the states. [Washington Times, 8/12/2003] During his term as governor, US Magnesium, a magnesium-processing company on the western side of the Great Salt Lake, earned the place as the nation’s worst polluter. Leavitt says that he and Bush “have a like mind and a like heart” on environmental policy. [Salt Lake Tribune, 8/12/2003] Environmentalists condemn the nomination noting that aside from Leavitt’s strong opposition to a plan to store nuclear waste on a Utah Indian reservation, the governor has a very poor environmental record. “Mike Leavitt has no credentials, no understanding and no political willpower to protect America’s clean air, clean water and clean land,” Marc Clemens, chapter coordinator for the Utah Sierra Club, tells the Salt Lake Tribune. [Salt Lake Tribune, 8/12/2003]

Entity Tags: Mike Leavitt, Environmental Protection Agency, George W. Bush

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) quietly lifts a 25-year-old restriction on the sale of PCB-contaminated land. PCBs, or polychlorinated biphenyls, are linked to cancer and neurological problems. The rollback, based on an EPA reinterpretation of an existing law, is announced in an internal memo written by EPA general counsel Robert Fabricant. Fabricant claims in the memo that the old interpretation represented “an unnecessary barrier to economic redevelopment.” Because the change is considered a “new interpretation” of existing law, the administration has no legal obligation to make a public announcement. Critics, including some EPA staffers, note that the longstanding ban served as an incentive for landowners to notify the EPA of the contamination and clean up their property. As a result, about 100 sites a year were submitted to the agency for review. They also warn that the new policy will make it hard to track sales of polluted sites and to ensure that buyers properly assess the land prior to development. [Environmental Protection Agency, 8/14/2003 pdf file; USA Today, 9/1/2003; New York Times, 9/3/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, Robert E. Fabricant

Timeline Tags: US Environmental Record

The EPA revises the “New Source Review”(NSR) provision of the Clean Air Act. Previously, the NSR required industrial facilities to install modern pollution controls when they made upgrades to their facilities. However, the provision’s revised definition of “routine maintenance” will exempt some 17,000 older power plants, oil refineries and factories from being required to install pollution controls when they replace equipment, provided that the cost does not exceed 20 percent of the replacement cost of what the EPA broadly defines as the entire “process unit.” This restriction basically allows industries to replace entire plants one-fifth at a time with no concomitant responsibility to controlling its emissions. This applies even to circumstances where the upgrades increase pollution. It is estimated that the revised rule could save billions of dollars for utilities, oil companies and others. Industry has spent the last two years heavily lobbying the White House for this rollback. [Reuters, 8/28/2003; Associated Press, 8/28/2003] New York Attorney General Eliot Spitzer promises to sue the administration, telling reporters, “This flagrantly illegal rule will ensure that… Americans will breathe dirtier air, contract more respiratory disease, and suffer more environmental degradation caused by air pollution.” [Reuters, 8/28/2003]

Entity Tags: Eliot Spitzer, Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

The Environmental Protection Agency rules that carbon dioxide, the leading cause of global warming, cannot be regulated as a pollutant. EPA General Counsel Robert Fabricant writes in his 12-page decision, “Because the [Clean Air Act] does not authorize regulation to address climate change, it follows that [carbon dioxide] and other [greenhouse gases], as such, are not air pollutants.” His ruling reverses the position taken by the Clinton administration in 1998. Eron Shosteck, a spokesman for the Alliance of Automobile Manufacturers, is pleased with the decision. “Why would you regulate a pollutant that is an inert gas that is vital to plant photosynthesis and that people exhale when they breathe? That’s not a pollutant,” he says. Melissa Carey, a climate policy specialist for Environmental Defense, disagrees. “Refusing to call greenhouse-gas emissions a pollutant is like refusing to say that smoking causes lung cancer. The Earth is round. Elvis is dead. Climate change is happening.” [Knight Ridder, 8/29/2003]

Entity Tags: Robert E. Fabricant, Bush administration (43), Eron Shosteck, Melissa Carey, Environmental Protection Agency

Timeline Tags: US Environmental Record, Global Warming

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 (EPA) and Department of Agriculture announce a decision to approve the unrestricted sale of the pesticide atrazine. Manufacturers of the chemical will be responsible for monitoring atrazine residue levels in only a small percentage of the watersheds vulnerable to atrazine contamination and ensuring that they do not exceed the Clean Water Act’s total maximum daily load (TMDL). Other vulnerable waterways will not be monitored by the manufacturers or the EPA. For example, Syngenta—the major manufacturer of the chemical—agreed in private meetings with the EPA that it would monitor atrazine pollution in 20 of 1,172 watersheds labeled as high risk beginning in 2004. The number would double the following year. Atrazine has been linked to cancer and is potentially harmful to endangered fish, reptiles, amphibians, mussels, and aquatic plant life. [Environmental Protection Agency, 10/31/2003; Natural Resources Defense Council, 10/31/2003]

Entity Tags: Syngenta, George W. Bush, US Department of Agriculture, Environmental Protection Agency

Timeline Tags: US Environmental Record

The National Cancer Institute publishes a study demonstrating that 25,000 workers exposed to formaldehyde had an increased risk of leukemia. The EPA will ignore the results of this study when it creates a new federal rule regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: National Cancer Institute, Environmental Protection Agency

Timeline Tags: US Environmental Record

Environmental Protection Agency (EPA) officials announce during an internal meeting of EPA enforcement officials in Seattle and during a conference call the following day that current cases involving violations of the Clean Air Act will be judged according to the agency’s new interpretation of the New Source Review (see August 27, 2003) —to go into effect in December (see December 2003) —instead of the old, more stringent rules that were in use at the time the violations occurred. [Los Angeles Times, 11/6/2003; New York Times, 11/6/2003; US Congress, 2/6/2004] The backroom decision contradicts what EPA air official Jeff Holmstead told a Senate committee in 2002. “It is certainly our intent to make these (rules) prospective only,” he claimed at the time. [USA Today, 11/6/2003] According to lawyers at the EPA, the agency’s decision will likely result in the EPA dismissing investigations into 50 coal-burning power plants for past violations of the Clean Air Act. According to the lawyers, the changes—based on recommendations from Vice President Dick Cheney’s energy task force—could save the industry up to $20 billion. However in its official statement on November 5, the EPA says that no formal decision has been made to dismiss all the investigations, claiming that it would review each “on a case-by-case basis to determine whether it will be pursued or set aside.” [New York Times, 11/6/2003]

Entity Tags: Richard (“Dick”) Cheney, Jeffrey Holmstead, Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

EPA officials complete a draft proposal outlining plans to revise the conclusion of a court-ordered December 2000 EPA study which had determined that mercury emissions “pose significant hazards to public health and must be reduced.” As a result of the 2000 study, the agency had been ordered to propose a “maximum achievable control technology” (MACT) standard for all coal-burning power plants by December 15, 2003. [Environmental Protection Agency, 12/14/2000; Environmental Protection Agency, 6/7/2003; Associated Press, 12/2/2003; Washington Post, 12/3/2003] But instead of complying with this mandate, the EPA’s current draft proposal on the regulation of mercury emissions attempts to modify the December 2000 conclusion claiming that it had been based on a misreading of the Clean Air Act. Citing a different provision in the Clean Air Act, the draft proposal recommends a flexible regulatory approach that is more acceptable to industry. It suggests a market-based mandatory “cap and trade” program permitting utility companies to purchase emissions “credits” from cleaner-operating utilities to meet an industry-wide standard. It is estimated that their plan would reduce mercury emissions to 34 tons a year by 2010, or about 30 percent below current levels. But this is a much higher cap than the 26-ton limit initially specified in the White House’s “Clear Skies” initiative (see June 5, 2003). The White House claims that by 2018 their “cap and trade” plan would result in a mercury emissions reduction of 70 percent, which is significantly less than the 90 percent reduction that would otherwise be achieved within 3 or 4 years, if the EPA were to keep to the original December 2000 ruling. [Associated Press, 12/2/2003; Washington Post, 12/3/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

The Bush administration announces that it will abandon its January proposed rule (see January 10, 2003) to limit the scope of the Clean Water Act. However, the administration does not retract the policy directive that was announced the same day instructing regional EPA offices and the Army Corps of Engineers to halt protection of certain wetlands. [Natural Resource Defense Council et al., 8/12/2004 pdf file]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Army Corps of Engineers

Timeline Tags: US Environmental Record

Bruce Buckheit, the director of the EPA’s air enforcement office, is ordered to shut down ongoing New Source Review investigations—which he later says were strong cases—at several dozen coal burning power plants. In an April 2004 interview with MSNBC, he will recall: “I had to tell the regional engineers and lawyers, stop. Put your documents in the box, so that hopefully we can get back to it someday.” [MSNBC, 4/20/2004]

Entity Tags: Bruce Buckheit, Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]

Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

Rich Biondi, 57, associate director of the EPA’s air enforcement division, announces his retirement citing frustration with the Bush administration’s changes to the Clean Air Act (see August 27, 2003) (see December 2003). “The rug was pulled out from under us,” he later says to the New York Times. [New York Times, 1/5/2004; MSNBC, 4/20/2004] And in an interview with Government Executive Magazine, he explains: “I felt I was still on the young side. There were things I wanted to accomplish. I was on the fence. If we could have continued to do some of the work we did, we would have stayed, but we couldn’t make the contribution we thought we could make…. We weren’t given the latitude we had been, and the Bush administration was interfering more and more with the ability to get the job done. There were indications things were going to be reviewed a lot more carefully, and we needed a lot more justification to bring lawsuits.” [Government Executive, 5/15/2004]

Entity Tags: Environmental Protection Agency, Bruce Buckheit, Bush administration (43)

Timeline Tags: US Environmental Record

Bruce Buckheit, 56, the director of the EPA’s air enforcement office, resigns from his post out of frustration with the Bush administration’s changes to the Clean Air Act (see August 27, 2003) (see December 2003). [New York Times, 1/5/2004; MSNBC, 4/20/2004; Government Executive, 5/15/2004] “I had to defend something I didn’t believe in,” he explains. [Government Executive, 5/15/2004]

Entity Tags: Environmental Protection Agency, Bush administration (43), Bruce Buckheit

Timeline Tags: US Environmental Record

The National Institute of Occupational Safety and Health completes a study of 10,000 workers who have been exposed to formaldehyde and find that they have an increased risk of leukemia. Though not published until March, it is posted on the institute’s website in early 2004. The EPA does not consider the results of this study when it creates a new federal rule for regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency, National Institute for Occupational Safety and Health (NIOSH)

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) publishes a proposed new rule, part of the Bush administration’s Clear Skies Initiative, that will ostensibly tighten regulations on allowable limits of mercury in the air. Studies show that even small amounts of mercury exposure to unborn children cause severe cognitive and developmental problems. Coal-fired plants are by far the largest emitters of mercury. But when the new regulations are actually established, they allow the coal industry to keep pumping huge amounts of mercury into the atmosphere for decades to come. It is later learned that Bush administration political appointees had pasted language into the regulations that was written by industry lobbyists. Five EPA scientists later say that the EPA had ignored the recommendations of professional staffers and an advisory panel in writing the rule. The rule, critics say, will delay reductions in mercury levels for decades, while saving the power and coal industry billions of dollars. The Bush administration chose a process that, according to Republican environmental regulator John Paul, “would support the conclusion they wanted to reach.” The panel’s 21 months of work on the issue was entirely ignored. Bruce Buckheit, the former director of the EPA’s air enforcement division, says: “There is a politicization of the work of the agency that I have not seen before. A political agenda is driving the agency’s output, rather than analysis and science.” Russell Train, who headed the EPA during the Nixon and Ford administrations, calls the action “outrageous.” [Los Angeles Times, 3/16/2004; Savage, 2007, pp. 302-303]

Entity Tags: Russell Train, Bruce Buckheit, Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record, Civil Liberties

The Environmental Protection Agency (EPA) says in a report to Congress that for the second year in a row, “limited funding prevented EPA from beginning construction at all sites or providing additional funds needed to address sites in a manner believed necessary by regional officials, and caused projects to be segmented into phases and/or scaled back to accommodate available funding.” The report explains that for 2003 (see July 17, 2003), the funding shortfall amounted to $174.9 million. As a result, clean-up work at 11 Superfund sites was put off and work at 29 other locations was slowed down. [Environmental Protections Agency, 1/7/2004 pdf file; Government Executive, 1/8/2004; Associated Press, 1/9/2004] The 11 sites where work was postponed include Jennison-Wright Corp. in Granite City, Ill.; Continental Steel Corp. in Kokomo, Ind.; Marion Pressure Treating in Marion, La.; Atlas Tack Corp. in Fairhaven, Mass.; and Mohawk Tannery in Nashua, N.H. In 2003, the EPA completed 40 clean-ups, compared to 42 in FY 2002, and 47 in 2001. Under the Clinton administration, an average of 76 clean-ups had been completed each year. [Associated Press, 1/9/2004] The report was requested in July by US Senator Barbara Boxer, House Energy and Commerce ranking member John Dingell, Rep. Hilda Solis, and Senate Environment and Public Works ranking member James Jeffords. [Government Executive, 1/8/2004; Associated Press, 1/9/2004]

Entity Tags: US Congress, John Dingell, James Jeffords, Environmental Protection Agency, Hilda Solis, Barbara Boxer, Bush administration (43)

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) meets its February 27, 2004 deadline to come up with a new federal rule regulating formaldehyde emissions. Ignoring the opinion of experts, the EPA did not take into account the findings of two recent studies (see November 2003) (see Early 2004) that had found that workers who were exposed to formaldehyde were at an elevated risk of leukemia. The EPA said it did not have time to incorporate the two findings before the deadline. Though extensions for such deadlines are often given, the agency did not request one. Instead, the EPA relied on a cancer risk assessment by the Chemical Industry Institute of Toxicology, a private, nonprofit research organization, funded primarily by chemical companies. That assessment was about 10,000 times weaker than the level previously used by the EPA in setting standards for formaldehyde exposure. The new federal rule is modeled on a proposal that had been designed by a lobbyist for the wood products industry (see January 14, 2002). It creates a new category of “low-risk” plants, which gives the agency the authority to decide on a plant-by-plant basis which facilities pose a risk to public health. It initially exempts eight wood products plants from having to install pollution controls for formaldehyde and other emissions, but could eventually extend the exemptions to 147 or more of the 223 facilities nationwide. The exemption allows qualifying plants to legally skirt pollution-control requirements that had been mandated by a 1990 amendment to the Clean Air Act requiring all large industrial plants to use “best available” technology in order to reduce emissions of 189 substances. Though backers of the new rule claim that it does not violate the amendment, the lawmakers who wrote the legislation disagree. “I don’t have any doubt but that is a way to get around the policy which we worked hard to achieve,” former Sen. David F. Durenberger (R-Minn.) will tell the Los Angeles Times in May. Rep. Henry A. Waxman (D-Los Angeles) similarly says the exemption is “directly contrary to our intent.” The new rule will save the industry as much as $66 million annually for about 10 years in potential emission control costs. [Los Angeles Times, 5/21/2004]

Entity Tags: Bush administration (43), David F. Durenberger, Environmental Protection Agency, Henry A. Waxman

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) announces that it will allow North Dakota to adopt a new method for estimating air pollution. [Los Angeles Times, 2/14/2004; Washington Post, 5/19/2004] The decision was made during a meeting between EPA administrator Michael Leavitt and North Dakota Governor John Hoeven the previous weekend. [Washington Post, 5/19/2004] According to the agency’s own specialists in air quality monitoring, the new method will grossly underestimate pollution levels, potentially allowing North Dakota to relieve itself of the stigma of being the only state whose federal preserves—Theodore Roosevelt National Park and the Lostwood National Wildlife Refuge—are in violation of the Clean Air Act. [USA Today, 9/15/2002; Environmental Protection Agency, 2/13/2004; Washington Post, 5/19/2004] The lower pollution levels could in turn result in the lifting of local development restrictions, allowing power companies to proceed with plans to build new coal-fired power plants in the area. “That sets the stage for new investments in our energy industry and real progress in our rural communities,” Hoeven explains. [Los Angeles Times, 2/14/2004; Platts, 2/19/2004; Washington Post, 5/19/2004]

Entity Tags: John Hoeven, Mike Leavitt, Bush administration (43), Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA Administrator Mike Leavitt signs a final rule permitting power plants to continue using the “once-through” method to cool their turbines. The practice—condemned by critics as the most environmentally-damaging method of cooling available—relies upon water continually drawn from lakes, rivers and reservoirs for the power plants’ cooling systems. [Associated Press, 1/9/2004; Environmental Protection Agency, 2/16/2004; Riverkeeper, 2/17/2004; Environmental News Network, 2/18/2004] Every year, some 200 million pounds of aquatic organisms are killed when they are trapped in the intake screens or forced through the water intake structures of these power plants. The new rule requires large power plants to reduce the number of fish and shellfish drawn into the cooling systems by 80 to 95 percent. [Environmental Protection Agency, 2/16/2004] However, the rule also provides large power plants with several “compliance alternatives,” such as using existing technologies, implementing additional fish protection technologies, restocking fish populations and creating wildlife habitat. [Environmental Protection Agency, 2/16/2004] Leavitt’s decision to sanction the continued use of the “once-through” method goes against the advice of his own staff which recommended requiring power plants to upgrade to closed-cycle cooling systems which use 95 percent less water and which pose far less of a risk to aquatic ecosystems. But the Office of Information and Regulatory Affairs, which works under the White House’s Office of Management and Budget, reportedly opposed requiring plants to switch to the newer more expensive closed-cycle system. [Riverkeeper, 2/17/2004; Environmental News Network, 2/18/2004] The new rule applies to 550 power plants that withdraw 222 billion gallons of water daily from American waterways. [Environmental Protection Agency, 2/16/2004]

Entity Tags: Bush administration (43), Mike Leavitt, Environmental Protection Agency

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) grants Environmental Disposal Systems (EDS) an exemption from federal restrictions on land disposal of hazardous waste for two commercial Class 1 injection wells in Romulus, Michigan. It is estimated that each year, the wells will inject roughly 100 million gallons of liquid industrial waste—including chemicals like methanol, acetone and ammonia—into sponge-like rock located thousands of feet below the earth’s surface. EPA officials claim that “the waste will stay confined to a layer of rock deep underground and will not threaten human health or the environment.” Local residents and state officials strongly oppose the plan, against which they have been fighting for more than a decade. [Ecology Center News, 12/1999; Environmental Protection Agency, 3/17/2004; Detroit Free Press, 3/17/2004; Capitol Reports, 3/19/2004]

Entity Tags: Bush administration (43), Environmental Protection Agency, Environmental Disposal Systems

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 US Fish and Wildlife Service releases an economic analysis on bull trout recovery titled, “Draft Economic Analysis of Critical Habitat Designation for the Bull Trout.” The study—written by Bioeconomics Inc. of Missoula, Montana—had been commissioned by the US Fish and Wildlife Service to serve as the basis for cost-benefit analysis. Once approved, Interior Secretary Gale Norton will use the data from the report to determine whether the costs of bull trout recovery outweigh the benefits. The report estimates that protecting bull trout and its habitat in the Columbia and Klamath river basins would cost between $230 and $300 million over the next ten years. But missing from the published version of the report is a 55-page section demonstrating $215 million in quantifiable economic benefits. The section had concluded that a healthy bull trout fishery would result in increased revenue from fishing fees, reduced drinking water costs and increased water for irrigation farmers. It also included discussion of other benefits not easily quantified in monetary terms. For example, it discussed the positive effects recovery would have on other trout species, in-stream flows and water quality in lakes and streams. Additionally, the missing section noted that there was a “number of published studies have demonstrated that the public holds values for endangered and threatened fish species separate and distinct from any expected direct use of the species.” According to Diane Katzenberger, an information officer in the Fish and Wildlife Service’s Denver office, the decision to discard the section was made in Washington. “It did not come out of Denver or Portland,” she explains. But Katzenberger nonetheless defends the decision claiming that it is difficult to assign “a dollar value to a biological benefit.” She further explains that while it is possible to estimate the costs of consultation and of road upgrades and culvert replacements, “We don’t know the dollar value of biological benefits. And no matter what, it would be a comparison of apples to oranges.” [Missoulian, 4/15/2004; Ravalli Republic, 4/16/2004; Washington Post, 4/17/2004] Chris Nolin, chief of the division of conservation and classification at the Fish and Wildlife Service, dismissed criticisms that the decision to delete the section was based on politics. “OMB uses very strict methodology” he says, adding that the OMB has “told us repeatedly in the past to remove this kind of analysis” from public reports. But as The Washington Post notes: “The federal government, however, often publicizes analyses of the benefits of Bush administration proposals for environmental clean-up. The Environmental Protection Agency, for example, found $113 billion in benefits over 10 years from provisions of the administration’s 2003 Clear Skies Act.” [Washington Post, 4/17/2004]

Entity Tags: Office of Management and Budget, Environmental Protection Agency, US Fish and Wildlife Service, Bush administration (43), Chris Nolin, Diane Katzenberger

Timeline Tags: US Environmental Record

Sylvia Lowrance, the former deputy administrator for enforcement at the EPA, tells the Chicago Tribune that while at the EPA her office had been instructed not to pursue any more pollution cases against farms without the approval of the senior political appointees in the EPA. “That’s unprecedented in EPA,” she says. [Knight Ridder, 5/16/2004]

Entity Tags: Bush administration (43), Sylvia Lowrance, Environmental Protection Agency

Timeline Tags: US Environmental Record

The US Army Corps of Engineers relaxes water quality and stream protections for mountaintop removal mining without consulting the Environmental Protection Agency (EPA). According to internal agency “guidance” obtained by Inside EPA, the Corps has recommended its staff to approve proposed clean water projects that would allow sewers and constructed ditches—rather than newly created streams, wetlands or water habitat—to qualify as mitigation projects replacing streams buried by mining operations. [Inside EPA, 5/2004; Natural Resources Defense Council, 12/31/2005] Commenting on the policy, Natural Resources Defense Council attorney Daniel Rosenberg says, “As if letting coal companies get away with destructive mountaintop removal mining isn’t bad enough; the Bush administration says it’s a fair trade to replace buried pristine natural streams with sewers and ditches.” [Natural Resources Defense Council, 12/31/2005]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Army Corps of Engineers

Timeline Tags: US Environmental Record

The US Court of Appeals rules on a lawsuit brought against the EPA by two environmental groups who argued that a 2002 EPA rule requiring snowmobile manufactures to cut tailpipe emissions by 50 percent by 2012 was too lenient. The snowmobile industry argued that the EPA did not even have the authority to impose pollution limits on new snowmobiles. The court disagrees with the industry’s argument and rules on the side of the environmentalists. The three-judge panel questions the logic behind the EPA decision that 30 percent of new snowmobiles should be exempt from clean engine requirements and tells the agency that it needs to provide additional information. The industry claimed that 100 percent compliance would cost the industry too much and force manufacturers to stop making certain models. But the court sees nothing wrong with requiring manufactures to discontinue older models equipped with dirty engines. [Associated Press, 6/1/2004]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

In accordance with the Bush administration’s request (see February 2, 2004) to narrow the focus of the Louisiana Coastal Restoration Plan, the US Army Corps of Engineers submits a $2.0 billion restoration plan for Louisiana’s coastal wetlands to the EPA. The plan, downsized from the orginal $14 billion plan and referred to at this point as the Tentatively Selected Plan (TSP), calls for the accelerated implementation of up to five restoration projects that could begin as early as 2006. The projects would cost a total of $786 million. Other projects, such as a 10-year science and technology program, a demonstration program, a beneficial use of dredged material program, and a modification of existing structures program, would also be accelerated and cost about $385 million. The plan also calls for a large scale studies program costing $60 million, and identifies another 10 projects that would be subject to case-by-case authorization by Congress. [Louisiana Coastal Area Study, 7/2004 pdf file; Environmental News Service, 7/7/2004; National Wetlands Research Center, 12/15/2004]

Entity Tags: Environmental Protection Agency, US Army Corps of Engineers, Louisiana Coastal Area (LCA) Ecosystem Restoration Study

Timeline Tags: Hurricane Katrina

Criminal and civil environmental violations fall off sharply during the Bush administration’s first term. A study of internal Justice Department records obtained by the nonpartisan Transactional Records Access Clearinghouse (TRAC) shows that federal prosecutions of environmental crimes decline by 23 percent after President Bush takes office. Convictions for environmental violations are also fewer than in President Clinton’s second term, as are referrals to prosecutors by regulatory agencies. [Transactional Records Access Clearinghouse, 9/19/2004] A separate study shows that civil lawsuits brought against polluters also fall dramatically during this period. In the first three years of the Bush administration, only nine suits to enforce the Clean Air Act are filed by the EPA, compared to 61 in the three years prior to Bush taking office. EPA litigation to enforce the Clean Water Act declines by over 39 percent over the same period. [Environmental Integrity Project, 10/12/2004] The study is compiled by Eric Schaeffer, the former director of the EPA Office of Regulatory Enforcement who resigns from his post in 2002 (see February 27, 2002)

Entity Tags: Bush administration (43), Environmental Protection Agency, Eric Schaeffer

Timeline Tags: US Environmental Record

The Environmental Protection Agency decides to delay the release of its annual report on fuel economy. The report—leaked to the New York Times minutes before the decision—shows that automakers have exploited loopholes in US fuel economy regulations to manufacture vehicles that are less fuel-efficient than they were in the late 1980s. Fuel-efficiency has on average dropped six percent during that period, from 22.1 miles per gallon to 20.8 mpg, the report shows. Critics suggest the administration delayed the report’s release because of its potential to affect Congress’s final vote on the energy bill which mostly ignores fuel economy regulations. [New York Times, 7/28/2005]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

The Environmental Protection Agency dispatches emergency crews to Louisiana and Texas, to address potential oil and chemical spills. The agency sets up facilities to assess the damage, but will not actually deploy until it can safely send more people into the field. An EPA employee dispatched to Baton Rouge will oversee the agency’s after-storm review of petrochemical, wastewater treatment and drinking water plants, according to Sam Coleman, a regional director for EPA’s Superfund toxic waste division in Dallas. Colman tells the Associated Press that, “We have the equipment standing by, an aspect plane for surveillance that can see petrochemical spills from the air, but it’s not cleared to fly in high winds or dangerous weather.” [Associated Press, 8/29/2005]

Entity Tags: Environmental Protection Agency, Sam Coleman

Timeline Tags: Hurricane Katrina

The Bush administration’s budget request for fiscal year 2007 proposes an 80 percent cut to the EPA’s library budget. The White House wants to trim it down from $2.5 million to half a million dollars. To meet this lean budget, the EPA intends to eliminate its electronic catalog, which tracks some 50,000 documents and studies that are available nowhere else, and shut down its headquarters library and several of its regional libraries. The EPA manages a network of 28 libraries from its Washington headquarters and has 10 regional offices nationwide. The libraries are used primarily by EPA scientists, regulators, and attorneys to enforce existing environmental regulations, develop new regulations, track the business histories of regulated industries, and research the safety of chemicals and the potential environmental effects of new technologies. [PEER, 2/10/2006] Though the EPA insists the closures are necessary to trim costs, internal studies have reportedly shown that providing full library access to its researchers saves an estimated 214,000 hours in professional staff time worth some $7.5 million annually. [PEER, 6/29/2006] Patrice McDermott, deputy director of the Office of Government Relations, says the proposed cuts would put “at risk important environmental information and the public’s ability to access the information they need to protect their health and safety.” [Federal Computer Week, 3/13/2006]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

After critics complain that the EPA’s plan to eliminate its electronic catalog would make it impossible for researchers to locate any of the libraries’ holdings within the network, the EPA announces that it will restore the $500,000 that Bush’s proposed 2007 budget wants to cut for this service. But to offset this amount, the agency says it will have to make even deeper cuts elsewhere in its library budget. [PEER, 3/16/2006] In February, the Bush administration’s 2007 budget request proposed cutting the EPA’s library budget 80 percent by closing many of its libraries (see Early February 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA Midwestern Regional Administrator Thomas Skinner writes in an email to employees that the EPA library at Chicago regional headquarters “will close in the near future” in order “to allow time for an orderly relocation of our library collection.” The memo explains that the Bush administration’s 2007 budget request, which has not been approved by Congress, has proposed reducing funding for the Chicago library by 90 percent (see Early February 2006). [PEER, 3/16/2006] The agency does not publish any notice in the Federal Register about the closure of this library, despite a federal requirement (Office of Budget & Management Circular A-130) that the public be notified whenever “terminating significant information dissemination products.” [PEER, 8/21/2006] The library serves the six-state region of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. [PEER, 3/16/2006]

Entity Tags: Thomas Skinner, Environmental Protection Agency

Timeline Tags: US Environmental Record

An internal EPA document reveals that the agency plans to immediately implement the Bush administration’s proposed budget cuts for the next fiscal year, which begins in October, without waiting for congressional approval. The memo, titled “EPA FY 2007 Library Plan,” describes “deaccessioning procedures” for the “the removal of library materials from the physical collection.” The document says that regional libraries located in Chicago, Dallas, and Kansas City will be closed by September 30 while library hours and services at other regional facilities will be gradually reduced. As many as 80,000 original documents, which are not electronically available, will be boxed up and shipped to a new location until they are eventually digitized. [Environmental Protection Agency, 8/15/2006 pdf file; PEER, 8/21/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The AFGE National Council of EPA Locals files a formal grievance demanding that the EPA put on hold all scheduled library closures until the affected scientists can negotiate the matter as required in their collective bargaining agreement. The grievance states that while EPA management “has been insisting that it can effectively ‘do more with less,’ and continue to provide the same level of library services to all of EPA’s staff members despite the reduction in the number of library contractor staff, the council is not convinced that this is the case.” [Locals, 8/16/2006 pdf file; PEER, 8/21/2006]

Entity Tags: Environmental Protection Agency, National Council of EPA Locals

Timeline Tags: US Environmental Record

The ranking members of the House Government Reform Committee and the Committee on Science, Energy, and Commerce ask the Government Accountability Office to investigate the impact that Bush’s proposed budget cuts (see Early February 2006) and the EPA library closures (see, e.g., August 15, 2006 and October 20, 2006 and After) will have on scientific research, regulatory quality, and enforcement capability. The letter cites the concerns of EPA scientists that the changes will “harm the agency’s ability to carry out its mission and will be especially damaging to EPA’s ability to enforce environmental laws.” It adds that EPA employees fear the library reorganization scheme may result in the “permanent” loss of access to many documents. [PEER, 8/21/2006; Gordon, Waxman, and Dingall, 9/19/2006 pdf file]

Entity Tags: Henry A. Waxman, Bart Gordan, Government Accountability Office, John Dingell, Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA publishes a notice in the Federal Register that it will be closing its headquarter library on October 1. The library contains 380,000 documents on microfiche, a microforms collection of abstracts and indexes, 5,500 hard copy agency documents, and more than 16,000 books and technical reports produced by other government agencies. The EPA has already quietly closed several regional libraries, whose collections are currently not available to anyone, even the agency’s own scientists (see August 15, 2006). Though agency officials insist that the collections from these libraries will be digitized and made available via the Internet, no funds have yet been allocated for this purpose. [PEER, 8/21/2006; Environmental Protection Agency, 9/20/2006 pdf file] Unlike today’s notice about the closing of the headquarter library, no public notice was given for the closures of the agency’s regional libraries (see August 15, 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

Citing proposed cuts in its 2007 fiscal year budget, the EPA begins ordering its regional offices to cancel subscriptions to several of the technical journals and environmental publications that are used by its scientists. One internal email reveals that the agency’s Mid-Atlantic Region is being asked “to cut its journal renewals about in half.” According to the organization Public Employees for Environmental Responsibility (PEER), the subscription cancellations mean that “agency scientists and other technical specialists will no longer have ready access to materials that keep them abreast of developments within their fields. Moreover, enforcement staff, investigators, and other professionals will have a harder time tracking new developments affecting their cases and projects.” The cancellations come on top of the closures of several EPA libraries that have already cut employees’ access off from tens of thousands of documents (see, e.g., September 20, 2006 and August 15, 2006). When news of the library closures sparked protest from EPA scientists over the summer (see June 29, 2006), agency officials attempted to assuage their concerns with promises that the EPA would implement a “new library plan to make environmental information more accessible to employees.” But critics say the subscription cancellations contradict this claim and are a clear sign that the agency does not intend to improve its staff’s access to the information. [PEER, 10/9/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA quietly closes its Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library, packing its paper-only collection of documents into boxes and storing them in a basement cafeteria. The uncataloged collection is now completely unaccessible to government scientists. The library was used by EPA scientists who review applications from chemical companies who want to market new chemicals. Critics say the closure will make it more difficult for EPA scientists to determine the safety of new chemicals. In violation of federal policy (Office of Budget & Management Circular A-130), the agency issued no public notice about dismantlement of the library. [PEER, 10/30/2006] Not even the scientists who use the library were given prior notice. [PEER, 11/20/2006] Nor was the library included in the “EPA FY 2007 Framework” listing libraries slated to be shut down. [PEER, 10/30/2006] The library’s collections is supposed to be distributed to other EPA libraries, but some of the documents will be tossed into garbage bins (see October 20, 2006 and After).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

On October 20, the EPA quietly closed its Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library, which housed thousands of one-of-a-kind documents relating to the safety of chemicals (see October 20, 2006). Material from the library had been used by government scientists to review industry applications for new chemicals. Since the closure, the agency has asked other EPA libraries to take possession of the documents. But documents that have not been claimed by other libraries are being tossed into garbage bins. Jeff Ruch, of the organization Public Employees for Environmental Responsibility (PEER), has been an outspoken critic of the EPA library closures. According to him, it appears as if “the appointed management at EPA is determined to actually reduce the sum total of human knowledge. EPA is not an agency renowned for its speed, so its undue haste in dumping library holdings suggests a political agenda rather than anything resembling a rational information management plan.” [PEER, 11/20/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

A person describing him or herself as an “anonymous EPA employee” writes that an “atmosphere of fear, intimidation, and suppression… has permeated EPA for the past six years.” [Anonymous, 11/20/2006 pdf file]

Entity Tags: 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

As part of a library reorganization plan that was proposed in Bush’s 2007 budget request (see Early February 2006), but not approved by Congress, the EPA begins hurriedly selling library assets off for less than a penny on the dollar. Acting on orders from EPA headquarters, the agency auctions off over $40,000 worth of furniture and equipment from the recently closed Chicago regional library for a mere $350. The woman who purchases the merchandise says she expects to resell the goods for about $80,000. [GSA Auctions, 10/23/2006 pdf file; Partee, 10/28/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] Critics suggest that the motivation behind the rushed liquidation sale is to prevent a re-opening of the libraries should Congress vote down Bush’s budget cuts. Jeff Ruch, executive director of Public Employees for Environmental Responsibility and an outspoken critic of the EPA library closures, notes, “One big irony is that EPA claimed the reason it needed to close libraries was to save money but in the process they are spending and wasting money like drunken sailors.” [Public Employees for Environmental Responsibility (PEER), 12/8/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

Explosives on a chipExplosives on a chip [Source: Gary Meek/Georgia Institute of Technology]According to an article published in The Environmentalist, a peer-reviewed scientific journal published by Springer Netherlands, air quality data collected by the Environmental Protection Agency (EPA) at Ground Zero support the hypothesis that cutting charges made with thermite were used to demolish the World Trade Center. The article by authors (and 9/11 truth activists) Kevin Ryan, James Gourley, and Steven Jones says the presence of thermite would best explain three major documented anomalies: [Ryan, Gourley, and Jones, 8/4/2008]
1) The Persistence of Fires at Ground Zero - As has been extensively reported, the rubble at Ground Zero continued to burn for months after 9/11, despite rain as well as firefighters’ use of large quantities of water and of the chemical fire suppressant Pyrocool. [New York Times, 11/19/2001] There is also eyewitness and photographic evidence of molten metal (see September 12, 2001-February 2002) and of explosions accompanied by white dust clouds. The book Aftermath: World Trade Center Archive by photographer Joel Meyerowitz shows a picture of such an explosion taking place on November 8, 2001. [Meyerowitz, 2006, pp. 178] Another photography books by NYPD officer John Botte also shows a picture of smoke emerging from the pile at Ground Zero and explains: “Occasionally, a huge flame would shoot out from the middle of the pile, sounding like a blow torch, as it did here.” [Botte, 2006, pp. 48-49]
2) Spikes of Certain Chemicals in the Air - EPA data shows that several spikes of chemical products of combustion, called volatile organic chemicals (VOC), occurred in October and November 2001, and in February 2002. According to the authors, these spikes indicate “abrupt, violent fires.”
3) The Presence of 1,3-Diphenylpropane - A third anomaly was the presence of large quantities of 1,3-diphenylpropane (1,3-DPP) in the air, a chemical that had not been found in previous structure fires. An EPA scientist told Newsday, “We’ve never observed it in any sampling we’ve ever done.” [Newsday, 9/14/2003]
A possible explanation would be the presence of novel “energetic nanocomposites” which include 1,3-DPP, according to scientific articles reviewed by Ryan et al. Such materials are “amenable to spray-on applications.” A 2002 report said: “The energetic coating dries to give a nice adherent film. Preliminary experiments indicate that films of the hybrid material are self-propagating when ignited by thermal stimulus.” [Ryan, Gourley, and Jones, 8/4/2008] The main center for nanocomposites research is Lawrence Livermore National Laboratory (LLNL). An October 2000 article in a LLNL publication provided an introduction to the research conducted there: “Energetic nanocomposites have a fuel component and an oxidizer component mixed together. […] In one such material (termed a thermite pyrotechnic), iron oxide gel reacts with metallic aluminum particles to release an enormous amount of heat. ‘These reactions typically produce temperatures in excess of 3,500 degrees Celsius’ says [LLNL researcher Randy] Simpson.” [Science & Technology Review, 10/2000] The authors conclude that “[t]he presence of energetic materials, specifically energetic nanocomposites, at [Ground Zero], has the potential to explain much of the unusual environmental data seen at the WTC. Thermite […] is such a pyrotechnic mixture that cannot be easily extinguished and is a common component of energetic nanocomposites.… [T]he detection of 1,3-DPP at the WTC supports this hypothesis. Finally, the spikes in VOCs, detected by EPA on specific dates, are more readily explained as a result of short-lived, violent fires caused by energetic materials.” [Ryan, Gourley, and Jones, 8/4/2008]

Entity Tags: Steven E. Jones, James R. Gourley, Environmental Protection Agency, Kevin Ryan

Timeline Tags: Complete 911 Timeline

The federal government sets a fuel efficiency standard of 35 miles per gallon or more for all cars and trucks sold in the US by 2016. The rationale is that raising the fuel efficiency standards will increase fuel economy and reduce greenhouse gas pollution. The measure is projected to save 1.8 billion barrels of oil between 2012 and 2016, and reduce greenhouse gas emissions by about 900 million metric tons. The measure goes into effect in 2012. President Obama says: “In the past, an agreement such as this would have been considered impossible. That is why this announcement is so important, for it represents not only a change in policy in Washington, but the harbinger of a change in the way business is done in Washington. As a result of this agreement, we will save 1.8 billion barrels of oil over the lifetime of the vehicles sold in the next five years. And at a time of historic crisis in our auto industry, this rule provides the clear certainty that will allow these companies to plan for a future in which they are building the cars of the 21st century.” The policy was developed in a collaboration between the Department of Transportation (DOT), the Environmental Protection Agency (EPA), the nation’s major auto manufacturers, the United Auto Workers, environmental organizations, the State of California, and other state governments. EPA head Lisa P. Jackson says: “The president brought all stakeholders to the table and came up with a plan to help the auto industry, safeguard consumers, and protect human health and the environment for all Americans. A supposedly ‘unsolvable’ problem was solved by unprecedented partnerships. As a result, we will keep Americans healthier, cut tons of pollution from the air we breathe, and make a lasting down payment on cutting our greenhouse gas emissions.” Carol Browner, Obama’s assistant for energy and climate change, says: “A clear and uniform national policy is not only good news for consumers who will save money at the pump, but this policy is also good news for the auto industry which will no longer be subject to a costly patchwork of differing rules and regulations. This an incredible step forward for our country and another way for Americans to become more energy independent and reduce air pollution.” Daniel Becker of the Safe Climate Campaign, an organization which for two decades has advocated tougher mileage and emissions standards, says: “This is a very big deal. This is the single biggest step the American government has ever taken to cut greenhouse gas emissions.” The measure is based in part on a 2007 application by California to put its emissions standards in effect, an application rejected by the Bush administration. The measure complements fuel efficiency guidelines set by the Department of Energy in January 2009. [White House, 5/19/2009; New York Times, 5/19/2009; Adam Johnston, 7/2013]

Entity Tags: Lisa P. Jackson, Bush administration (43), Barack Obama, Carol Browner, Environmental Protection Agency, US Department of Transportation, Daniel Becker, Obama administration, United Auto Workers

Timeline Tags: US Solar Industry

Uranium mine near the rim of the Grand Canyon.Uranium mine near the rim of the Grand Canyon. [Source: Intercontinental Cry (.com)]The Obama administration bans hard-rock mining on more than a million acres in and around the Grand Canyon, an area rich in high-grade uranium ore reserves. The ban is for 20 years. Environmental groups and some Democratic lawmakers have worked for years to limit mining near the Grand Canyon National Park. Representative Edward Markey (D-MA), the ranking member of the House Natural Resources Committee, says, “When families travel to see the Grand Canyon, they have a right to expect that the only glow they will see will come from the sun setting over the rim of this natural wonder, and not from the radioactive contamination that comes from uranium mining.” Interior Secretary Ken Salazar, who has twice imposed temporary bans on mining claims, says: “A withdrawal is the right approach for this priceless American landscape. People from all over the country and around the world come to visit the Grand Canyon. Numerous American Indian tribes regard this magnificent icon as a sacred place, and millions of people in the Colorado River Basin depend on the river for drinking water [and] irrigation.” The basin is already considered one of the nation’s most endangered waterways, and mining operations could use vast amounts of the area’s water and taint much more. The ban reverses a Bush administration decision to open the area to new mining claims; environmentalists have long pointed to the damage wrought to the area by uranium, oil, and gas mining under the Bush administration’s policies.
Mining Poses High Risks to Environment, Tourism - One in 12 Americans gets some or all of their water from the Colorado River Basin, including the residents of Phoenix and Los Angeles, and the area generates about $3.5 billion in annual income, largely from tourism. In contrast, the mining ban will mean that 465 prospective jobs will not materialize, and the area will lose some $16.6 million in annual tax revenue from mining. Supporters of the ban say that the jobs that would come from mining in the area would not be worth the risk to the river basin and the canyon, and a mining mishap would be potentially devastating for tourism. Many of the area’s lands are considered sacred by Native American tribes, and the lands support a vast number of wildlife habitats. Taylor McKinnon of the Center for Biological Diversity says that uranium mining in the area would critically despoil the area, ruin millions of Americans’ access to fresh water, and cut, not increase, job revenues. McKinnon says: “The real economic engine in northern Arizona is not uranium mining. It’s tourism. To jeopardize our economic engine with more toxic uranium mining is unacceptable.” In 2008, former Bureau of Land Management Director Jim Baca said flatly: “Without [the Colorado], there is no Western United States. If it becomes unusable, you move the entire Western United States out of any sort of economic position for growth.” [ProPublica, 12/21/2008; Associated Press, 1/9/2012]
Republicans Criticize Ban - Some Congressional Republicans and mining industry groups call the decision indefensible, saying it will cost hundreds of jobs and deprive the nation of a much-needed energy resource. Senator John McCain (R-AZ) calls the ban a “devastating blow to job creation in northern Arizona,” and says the ban was “fueled by an emotional public relations campaign pitting the public’s love for the Grand Canyon against a modern form of low-impact mining that occurs many miles from the canyon walls.” He says that modern mining techniques will not add toxins to water drawn from the river basin. Other Republicans cite a mining industry study that claims even a severe mining accident would increase uranium levels in the Colorado River by an undetectable amount. Representative Rob Bishop (R-UT) says: “It is unconscionable that the administration has yet again caved to political pressure from radical special interest groups rather than standing up for the American people. Banning access to the most uranium-rich land in the United States will be overwhelmingly detrimental to both jobs in Utah and Arizona and our nation’s domestic energy security.” Senator John Barrasso (R-WY) calls the ban part of the Obama administration’s “war on western jobs.” Senator Mike Lee (R-UT), a tea party supporter, says: “This administration has proven incapable of using even the slightest bit of common sense when it comes to lands policy. The American people are desperate for jobs, and our domestic energy industry provides some of the best paying jobs in the western states. However, the president and Interior Secretary Salazar are intent on appeasing their friends in the extreme left wing of the environmentalist movement during an election year by locking up as much land as possible, regardless of the negative effects on our economy. For energy production that has long been safe and responsible, the announcement represents a needless overreaction to a fictitious problem.” [Senator John McCain, 1/9/2012; Senator John McCain, 1/9/2012] In 2008, the Environmental Protection Agency noted that mining had contaminated 40 percent of the streams and rivers in the western United States, and mining was considered the single most polluting industry in the nation. [ProPublica, 12/21/2008] Many of the claims now blocked from development belong to foreign interests, including Rosatom, Russia’s state atomic energy corporation, and South Korea’s state-owned utility. [PR Newswire, 6/7/2011]

Entity Tags: Michael Shumway (“Mike”) Lee, Jim Baca, Environmental Protection Agency, Edward Markey, John Barrasso, Ken Salazar, Rosatom, Rob Bishop, Obama administration, Taylor McKinnon, John McCain

Timeline Tags: US Environmental Record

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