Varying Government Response To Widespread Perchlorate Occurrence

Sep 13: The U.S. Government Accountability Office (GAO) released a report entitled, Perchlorate: Occurrence Is Widespread but at Varying Levels; Federal Agencies Have Taken Some Actions to Respond to and Lessen Releases (GAO-10-769,  August 12, 2010). The report was prepared at the request of Senator James Inhofe (R-OK), the Ranking Member of the Committee on Environment and Public Works (EPW).

 

    GAO reports that perchlorate is both a man-made and naturally occurring chemical. It is used in rocket fuel, explosives, fireworks, and other products. Naturally occurring perchlorate is produced through atmospheric processes and then settles on surface water or land. Perchlorate can disrupt the uptake of iodide in the thyroid, potentially interfering with thyroid function and negatively affecting fetal and infant brain development and growth. As of June 2010, there is no Federal regulatory standard for perchlorate in drinking water, and U.S. EPA, which has the authority to regulate contaminants in public drinking water systems, had not determined whether to establish one. The Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), and the Department of Energy (DOE) are the primary Federal users of perchlorate.

 

    GAO was asked to examine: (1) what is known about the extent to which perchlorate occurs in the nation's water and food supply and its likely sources; (2) what actions DOD, NASA, and DOE have taken to respond to or lessen perchlorate releases; and, (3) what actions states, such as California and Massachusetts, have taken to regulate perchlorate. To address these questions, GAO analyzed data from EPA, DOD, NASA, and DOE, reviewed agency documents, and interviewed federal and state officials, researchers, and others. This report contains no recommendations.

 

   GAO found that perchlorate has been found in water and other media at varying levels in 45 states, as well as in the food supply, and comes from a variety of sources. EPA conducted one nationwide perchlorate sampling, between 2001 and 2005, and detected perchlorate at or above 4 parts per billion in 160 of the 3,865 public water systems tested (about 4.1 percent). In 31 of these 160 systems, perchlorate was found above 15 parts per billion, EPA's current "interim health advisory level." Sampling by DOD, NASA, and DOE detected perchlorate in drinking water, groundwater, surface water, soil, and sediment at some facilities. For example, GAO's analysis of DOD data showed that perchlorate was detected at almost 70 percent of the 407 installations sampled from fiscal years 1997 through 2009, with detections ranging from less than 1 part per billion to 2.6 million parts per billion. A 2006 Food and Drug Administration study found perchlorate in 74 percent of 285 food items tested, with certain foods, such as tomatoes and spinach, having higher perchlorate levels than others. According to researchers, concentrations of perchlorate at or above 100 parts per billion generally result from activities involving man-made perchlorate, such as the use of perchlorate as a rocket propellant. Lower concentrations can result from the use of man-made perchlorate, atmospheric processes, or the use of fertilizer containing naturally occurring perchlorate.

 

    According to DOD, NASA, and DOE officials, the agencies have sampled, monitored and, at several sites, begun cleaning up perchlorate. When DOD detects perchlorate at or above threshold levels—currently 15 parts per billion for water—DOD is to investigate further and may take additional actions. DOD has taken actions beyond initial sampling at 48 of the 53 installations with perchlorate detections above 15 parts per billion. NASA is in the midst of a cleanup at the Jet Propulsion Laboratory in California and is monitoring the level of perchlorate in groundwater at three other facilities. In addition, DOE is cleaning up perchlorate at two facilities involved in high explosives research, development, and testing and is monitoring the level of perchlorate in groundwater at two other facilities. According to DOD, NASA, and DOE officials, the perchlorate detected at their facilities is largely the result of past disposal practices. Officials at these agencies told us that by complying with current federal and state waste disposal laws and regulations, they have lessened their perchlorate releases. In addition, DOD is developing perchlorate substitutes for use in weapons simulators, flares, and rockets.

 

    In the absence of a federal regulatory standard for perchlorate in drinking water, California and Massachusetts have adopted their own standards. California adopted a drinking water standard of 6 parts per billion in 2007, and Massachusetts set a drinking water standard of 2 parts per billion in 2006. The key benefits of a regulatory standard cited by state officials include protecting public health and facilitating cleanup enforcement. However, limited information exists on the actual costs of regulating perchlorate in these states. Also, at least 10 other states have established guidance levels for perchlorate in drinking water (ranging from 1 to 18 parts per billion) or in groundwater.

 

    In April of this year U.S. EPA's Office of Inspector General (OIG) issued a major 216-page report (plus appendices) entitled, Office of Inspector General Scientific Analysis of Perchlorate (April 19, 2010, No. 10-P-0101). OIG report that on February 18, 2005, EPA issued a perchlorate RfD that corresponds to a drinking water equivalent level of 24.5 parts per billion (ppb). The OIG analysis implemented a cumulative risk assessment that found the following among other items that EPA's perchlorate RfD is conservative and protective of human health, and further reducing the perchlorate exposure below the RfD does not effectively lower risk [See WIMS 4/20/10].

 

    Access the complete 63-page report (click here). Access the extensive 216-page OIG report (click here); and Appendix D (206-pages, click here) and Appendix E (81-pages, click here).

OIG Reports EPA’s Perchlorate RfD Is Health Protective

Dec 30: The U.S. EPA Office of Inspector General (OIG) has release a major 213-page report entitled, Office of Inspector General Scientific Analysis of Perchlorate (Assignment No. 2008-0010, December 30, 2008). In a cover letter accompanying the report, OIG indicates it is providing an opportunity to the environmental risk assessor community to review and provide scientific comment on its analysis of perchlorate. OIG notes that on February 18, 2005, EPA established a perchlorate reference dose (RfD) that corresponds to a drinking water equivalent level of 24.5 parts per billion (ppb). A U.S. EPA regulatory determination is pending on whether to issue a National Primary Drinking Water Regulation for perchlorate.

OIG says that EPA’s potential regulation of perchlorate has garnered significant interest. Of concern, according to OIG, is whether EPA’s perchlorate RfD is protective of human health at all life stages. OIG says, "We analyzed the science supporting EPA’s perchlorate RfD. Congressional interest in this public health issue is reflected in bills H.R. 1747 and S.150, which would amend the Safe Drinking Water Act to require EPA to regulate perchlorate in drinking water. We found that EPA guidance supports the use of a cumulative risk assessment when multiple stressors act through the same mode of toxicity. However, both EPA’s 2002 proposed RfD and the National Academy of Sciences Committee to Assess the Health Implications of Perchlorate Ingestion used single chemical risk assessment to derive the perchlorate RfD. By contrast, we used a cumulative risk assessment to analyze the risk from the multiple sodium iodide symporter (NIS) stressors.

"Based on our scientific analysis documented in our report, perchlorate is only one of many chemicals that stress the thyroid’s ability to uptake iodide. The other NIS stressors include thiocyanate, nitrate, and the lack of iodide. All four of these NIS stressors meet EPA’s risk assessment guidance for conducting a cumulative risk assessment using the dose addition method. Our analysis includes a cumulative risk assessment of this public health issue using all four NIS stressors. A cumulative risk assessment approach is required to better characterize the risk to the public from a low total iodide uptake (TIU) during pregnancy and lactation. Further, a cumulative risk assessment approach is required to identify potential actions that will effectively lower the risk to public health.

"For our review of the perchlorate science, we are seeking scientific comments on the use and application of a cumulative risk assessment approach to characterizing the public health risk from a low TIU during pregnancy and lactation. We are seeking scientific comments from scientists, environmental risk assessors, and related organizations. Because we are only seeking scientific comments for consideration, we are requiring responders to provide the following information: name of individual and/or organization; contact information, and scientific background or credentials. We are seeking specific, scientifically supported comments on the OIG’s use and application of a cumulative risk assessment approach to characterizing the public health risk from a low TIU during pregnancy and lactation. We are requiring any discussion or comments on scientific studies or observations to be appropriately cited and available in the public literature." Scientific comments are being requested by no later than March 10, 2009.

In summary, OIG indicates, "The OIG Analysis indicates that although EPA used a single chemical risk assessment for perchlorate, a cumulative risk assessment that assesses and characterizes the combined human health risk from all NIS stressors would better describe the nature and sources of risk affecting this public health issue. The major findings, which directly address each of seven scientific issues identified in the 'Purpose' section of this report, are as follows:

"1) NAS [National Academy of Sciences] Unconventional RfD Approach Is Conservative and Protective; 2) Increasing Uncertainty Factors Not Effective for Protecting Public Health; 3) Hypothyroxinemia Occurs Before Hypothyroidism; 4) Low Fetal TIU First Adverse Effect; 5) Perchlorate RfD Alone Does Not Protect Most Sensitive Populations; 6) Thiocyanate and Nitrate Need to be Included in Risk Assessment; and, 7) Lack of Iodide Is Dominant NIS Stressor Impacting this Public Health Issue."

OIG concludes, "The OIG Analysis of the scientific literature identified that the risk from perchlorate exposure is only part of a larger public health issue that is defined by the subtle mental deficits occurring in children born to mothers with low maternal TIU during pregnancy and nursing. The TIU results from the combined biological effect of four NIS stressors acting on the thyroid: thiocyanate, nitrate, perchlorate, and lack of iodide. The diet constantly exposes everyone to each of the four NIS stressors, and an individual’s TIU level is the result of the combined effect of all four NIS stressors, not just perchlorate exposure. The OIG Analysis concludes that a single chemical risk assessment of perchlorate is not sufficient to assess and characterize the combined human health risk from all four NIS stressors. However, both EPA’s draft perchlorate RfD from the Argus rat study and the NAS Committee’s recommended perchlorate RfD from the Greer human exposure study used a single chemical risk assessment approach. Only a cumulative risk assessment can fully characterize the nature and sources of risk affecting this public health issue. Furthermore, a cumulative risk assessment allows an informed environmental decision to be made on how to mitigate the risk effectively.

"All four NIS stressors meet EPA’s risk assessment guidance requirements for conducting a cumulative risk assessment using the dose addition method. In the OIG Analysis, we conducted a cumulative risk assessment and determined that the risk from each of the four NIS stressors is not equal. The OIG Analysis also confirmed that EPA’s perchlorate RfD is conservative and protective of human health, but limiting perchlorate exposure does not effectively address this public health issue. Potentially lowering the perchlorate drinking water limit from 24.5 ppb to 6 ppb does not provide a meaningful opportunity to lower the public’s risk. By contrast, addressing moderate and mild iodide deficiency occurring in about 29% of the U.S. pregnant and nursing population appears to be the most effective approach of increasing TIU to healthy levels during pregnancy and nursing, thereby reducing the frequency and severity of permanent mental deficits in children."

On October 3, 2008, immediately after U.S. EPA announced that it had made a preliminary determination that there is not a "meaningful opportunity for health risk reduction" through a national drinking water regulation for exposure to perchlorate [See WIMS 10/3/08], environmental advocates [Earthjustice, representing the Environmental Working Group (EWG)] announced they plan to sue the Agency. EPA said it had conducted an extensive review of scientific data related to the health effects of exposure to perchlorate from drinking water and other sources and found that in more than 99 percent of public drinking water systems, perchlorate was not at levels of public health concern [See WIMS 10/6/08].

Access the complete OIG report including the cover letter and commenting instructions (click here). Access a release from EPA (click here). Access EPA's draft regulatory determination and extensive background information (click here). Access multiple WIMS-eNewsUSA blog posts on the perchlorate issue (click here). [*Drink, *Toxics]

Senate Hearing On Perchlorate And TCE In Water

May 6: Senate Environment and Pubic Works Committee, Chaired by Senator Barbara Boxer (D-CA) held a hearing entitled, Perchlorate and TCE in Water. Witnesses testifying at the hearing included: Benjamin Grumbles, Assistant Administrator for Water, U.S. EPA; representatives of the California EPA; Ohio EPA; the Association of State Drinking Water Administrators (ASDWA); Massachusetts Department of Environmental Protection; a State of New York legislator; HealthRisk Strategies; Medical University of South Carolina; and the Environmental Working Group. Additionally, Senator Boxer and Ranking Member James Inhofe delivered opening statements.

Senator Boxer said, "In fact, today we will hear about EPA’s particularly disturbing failures to address significant risks to our families from two widespread drinking water contaminants: perchlorate and trichloroethylene, usually just called 'TCE.' Perchlorate is used to make rocket fuel, but when it gets into drinking water, this toxic chemical can interfere with the thyroid and affect hormone systems, which control the way the body develops. Infants and pregnant women are especially vulnerable to perchlorate. Researchers have found that over 20 million Americans’ drinking water supplies contain perchlorate. GAO found in 2005 that there were nearly 400 sites in 35 states contaminated with perchlorate. My state of California had 106 sites. . . And we know that we are exposed to perchlorate from many sources, not just drinking water. A January 2008 study by the FDA found perchlorate in 74% of all foods tested, including baby food."

Boxer said that EPA had done "very little" to address the problem. She said, "I told EPA last week that if the Bush Administration failed to protect our people, Congress would step in. I have two bills to protect people from perchlorate contamination. The first bill, the “Perchlorate Monitoring and Right to Know Act,” S. 24, says that EPA is to restore the rule requiring that drinking water be tested for perchlorate, and that the results of those tests must be disclosed to the public. My second bill, the “Protecting Pregnant Women and Children from Perchlorate Act,” S. 150, requires EPA to quickly set a perchlorate standard for drinking water that protects pregnant women and children. In addition, Senator Clinton, Senator Dole, myself, and several colleagues have a bill, the “TCE Reduction Act,” S. 1911, that would protect people exposed the TCE."

Senator Inhofe indicated that he was opposed to all three of these pieces of legislation mentioned by Senator Boxer. He said, "Each bill assumes that the scientific data and findings are complete and that they require the Environmental Protection Agency to establish a Maximum Contaminant Level, or MCL, within a specified amount of time for both perchlorate and TCE. My concern isn’t that these chemicals may be harmful to human health at a certain level, but rather that politicians feel compelled to introduce legislation forcing EPA’s hand on what could become a 'contaminant of the month' scenario without scientific backing. It should also be noted that TCE already has a set MCL based on principals outlined in the Safe Drinking Water Act. . .

"The legislative approach taken in S. 24, S. 150, and S. 1911 is simply politicians meddling in the scientific process clearly laid out in the Safe Drinking Water Act. Mike Baker from the Ohio Environmental Protection Agency will speak on behalf of the Association of State Drinking Water Administrators about the current process and the concern of legislating contaminants rather than following the process outlined in the Safe Drinking Water Act. . ." [See WIMS 1/3/07]

EPA testified that the Agency has been working on the science related to perchlorate for more than ten years. "In 2003, EPA sent its January 2002 external review draft of the perchlorate risk assessment to the National Academy of Sciences (NAS) for review. The NAS panel released a report in January 2005 which recommended that the Agency use a reference dose (RfD) of 0.0007 mg/kg/day (0.7 µg/kg/day) based on a human study (Greer et al., 2002). The RfD is an estimate (with uncertainty spanning perhaps an order of magnitude) of a daily oral exposure to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of adverse effects during a lifetime. EPA endorsed their recommendation and used the NAS panel report "Health Implications of Perchlorate Ingestion” as the basis for establishing its RfD which was subsequently posted to the Integrated Risk Information System (IRIS) database in February 2005."

He said in January 2006, EPA issued guidance for contaminated sites which recommended a revised preliminary remediation goal (PRG) of 24.5 ppb perchlorate in water. The PRG was calculated from EPA’s RfD using standard exposure values of 70 kg body weight and 2 liters of water consumed per day. This calculation provides the drinking water equivalent level, assuming
no other sources of perchlorate exposure." He also said, "In addition, if a state has promulgated a drinking water standard for perchlorate (e.g., Massachusetts adopted 2 ppb as a drinking water standard), that value would be considered an Applicable or Relevant and Appropriate Requirement (ARAR) and used as the ground water cleanup level for sites in that state."

He indicated that the Agency has "significant concerns with the bills introduced by Senators Boxer and Clinton. With respect to drinking water our primary concern with these bills is that they return the Agency to the time before 1996 when Congress dictated the drinking water regulations developed by the Agency." He concluded saying, the Agency is "working expeditiously to address potential risks from perchlorate and to evaluate the need for and feasibility of a stronger standard for TCE using this framework. We believe this framework is sound, and respectfully request that you allow us time to complete the required analyses and determinations to ensure appropriate science-based protection of public health from these and other contaminants, as envisioned in the 1996 amendments. As noted above, we are committed to making a final regulatory determination for perchlorate by the end of 2008, and for TCE as soon as the necessary analyses have been completed."

Access the hearing website for links to all testimony, opening statements and a webcast (click here). [*Water/Drink, *Toxics]

Enviros Will Sue To Regulate Perchlorate If Necessary

Oct 3: Immediately after U.S. EPA announced that it had made a preliminary determination that there is not a "meaningful opportunity for health risk reduction" through a national drinking water regulation for exposure to perchlorate [See WIMS 10/3/08], environmental advocates announced they plan to sue the Agency. EPA said it had conducted an extensive review of scientific data related to the health effects of exposure to perchlorate from drinking water and other sources and found that in more than 99 percent of public drinking water systems, perchlorate was not at levels of public health concern.

Therefore, based on the Safe Water Drinking Act criteria, the Agency made its decision and is now seeking comment on its preliminary determination and will make a final determination for perchlorate after considering information provided in the 30-day public comment period. Despite the "preliminary" nature of EPA's decision, the environmental groups said the "decision represents a victory for the Department of Defense and military contractors, which for years have pressured EPA not to regulate perchlorate and other chemicals associated with weapons manufacturing."

Responding to the announcement, the nonprofit environmental law firm Earthjustice said it plans to challenge any final EPA decision in court, representing the Environmental Working Group (EWG) and other organizations concerned about the health effects of perchlorate in drinking water. Earthjustice attorney George Torgun said, "EPA's decision has industry's fingerprints all over it. Weapons makers will benefit at the expense of millions of Americans' drinking water spiked with rocket fuel. Clean, safe drinking water is essential. That's why we will fight in court to make sure this toxin is regulated under the Safe Drinking Water Act."

For years, perchlorate was disposed in the ground by the military and missile-makers. The highly soluble toxin has spread from bases and factories to wells and rivers across the country. The groups indicated that if limits for perchlorate in drinking water were set, the Defense Department and defense contractors could be found responsible for cleanups triggered by violations of the Safe Drinking Water Act. Senator Barbara Boxer and Representative Hilda Solis (both D-CA) have pushed for legislation that would force EPA to set a federal perchlorate standard [See WIMS 5/6/08]. According to a release from Earthjustice, "Perchlorate concentrations of less than 5 parts per billion have been shown to inhibit iodine uptake by the thyroid gland, resulting in a decreased formation of two hormones necessary for proper oxygen consumption and metabolism. The harm is greatest in populations that are developing and growing rapidly, such as fetuses, infants, and young children."

Ben Dunham, Earthjustice environmental health policy analyst said, "According to EPA, at least 10 million people have rocket fuel in their drinking water. Yet today, the agency says there is not a 'meaningful opportunity for health risk reduction.' I'm sure the 10 million people drinking contaminated water think cleaning up their water supply would be 'meaningful.' Because perchlorate contamination is often concentrated around military facilities, EPA's failure to protect the public from polluted drinking water will hit military families especially hard. These families have already sacrificed so much for this country. This decision adds insult to injury, by allowing contamination to continue."

Dr. Anila Jacob, MD, MPH, Senior Scientist at EWG said, “The health and well-being of millions of breast-fed babies are being ignored by EPA so the defense industry and their agents in the Pentagon can avoid cleaning up the mess they’ve made." The groups cited a 2005 GAO report listing state-by-state drinking water supplies contaminated by perchlorate.

According to an announcement from the American Water Works Association (AWWA), Massachusetts and California have already set perchlorate standards at levels of 2 µg/L and 6 µg/L, respectively. AWWA, which recently completed two studies reviewing both occurrence and exposure of perchlorate, reported it “will work quickly to assess the details of the proposed regulatory determination and submit comments as appropriate based on the findings of these reports.” AWWA has posted information to help utilities communicate to customers about perchlorate.

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, issued a statement saying, "Once again on a Friday, when nobody is paying attention, the Bush administration announces a policy that will harm the American people. The Bush EPA's failure to set a standard for perchlorate, a dangerous contaminant found in drinking water, is outrageous and I will do everything in my power to reverse it. Perchlorate contamination endangers the health of our families, especially pregnant women and children, and to simply allow it to remain in our drinking water is immoral." Boxer indicated that EPA says perchlorate is found in the drinking water supplies of up to 16.6 million Americans; however, other independent researchers have estimated that 20 million or more Americans are exposed to the toxin.

Access a release from Earthjustice and link to the GAO report (click here). Access a release from EWG (click here). Access EWG's research and related information on perchlorate (click here). Access the announcement from AWWA and link to further information (click here). Access a release from Senator Boxer (click here). Access EPA's draft regulatory determination and extensive background information (click here). [*Water]

Boxer & AWWA Differ On Monitoring For Perchlorate

Dec 22: U.S. Senator Barbara Boxer (D-CA), incoming Chair of the Senate Environment and Public Works Committee, issued a statement on EPA’s final rule which will require monitoring drinking water for up to 25 unregulated chemicals under the Unregulated Contaminant Monitoring Rule (UCMR2) [See WIMS 1/2/06]. Boxer said the rule will not require testing drinking water for the toxic chemical perchlorate. She said the toxin has been found in millions of Americans’ drinking water. EPA’s original 1999 rule ordered testing for perchlorate, and just last year EPA proposed to extend that requirement. However, she indicated in a release that, in the wake of industry opposition, the new final rule says that “based on public comment and further consideration, EPA has removed the requirement for monitoring perchlorate….”

The Senator said, “I am distressed that the agency has said there will be no required testing of our drinking water for the dangerous chemical perchlorate. This is another unwelcome holiday gift from EPA to the American public, one of several recent EPA actions undermining health protection. As a result of this new rule, Americans will not have up-to-date information on whether their tap water is contaminated with this toxin. I also remain deeply concerned that EPA has dragged its feet and refused to set a safety standard for perchlorate in our drinking water. Until EPA sets a standard, at the very least we should know if it's in our drinking water. We will not let this kind of action stand. We will closely examine this issue when the new Congress convenes.”

An October 21, 2005, letter from the American Water Works Association (AWWA), representing 4,200 utilities that supply roughly 80 percent of the nation's drinking water, commenting on the regulation indicated, "...we have significant concerns with an apparent disconnect between the CCL [Contaminant Candidate List] and the UCMR and the inclusion of perchlorate in the proposed UCMR2... AWWA recommends that perchlorate not be included in the final UCMR2. The perchlorate monitoring is unnecessary and will not provide meaningful data that for any regulatory decisions for any potential perchlorate drinking water regulation."

AWWA argued that, "The National Academy of Sciences’ (NAS) National Research Council (NRC) conducted a review of the health effects of perchlorate and concluded that a daily ingestion of up to 0.0007 milligrams per kilogram of body weight can occur without adversely affecting the health of even the most sensitive populations. EPA translated this to a Drinking Water Equivalent Level (DWEL) of 24.5 ug/L, assuming a 70 kg body weight and 2 L per day consumption.

"Based on our evaluation of the current regulatory data, it does NOT appear that any potential perchlorate regulation would be below 4 ppb, which was the UCMR1 minimum reporting level. Therefore, the monitoring requirement for perchlorate in the proposed UCMR2 is duplicative and unnecessary, and would be an inappropriate use of utilities’ limited resources. Requiring utilities to spend more than $4 million to obtain perchlorate occurrence data that is not needed for regulatory development is not justified. EPA already has a large, robust occurrence database above 4 ppb from UCMR1, and this occurrence database is adequate for a regulatory determination for perchlorate."

Access the statement from Senator Boxer (click here). Access an overview of the UCMR2 from AWWA regulations (click here). Access the AWWA comment letter of 10/21/05 (click here). Access an EPA release (click here). Access a pre-publication copy of the final rule (click here). Access EPA's UCMR 2 website for extensive information (click here). [*Drink]

EPA Issues Health Advisory For Perchlorate; Defers Regulation

Jan 8: U.S. EPA announced that it is seeking advice from the National Academy of Sciences (NAS) before making a final determination on whether to issue a national regulation for perchlorate in drinking water. EPA's action follows a December 30, 2008, release of a major 213-page report from EPA's Office of Inspector General (OIG) entitled, General Scientific Analysis of Perchlorate [See WIMS 1/6/09].

EPA also issued an interim "health advisory" of 15 parts per billion (ppb) to assist state and local officials in addressing local contamination of perchlorate in drinking water and making a corresponding change to the factors it considers in cleaning up Superfund sites. States have the right to establish and enforce drinking water standards, and EPA encourages state-specific situations to be addressed at the local level. EPA said it expects to issue a final health advisory concurrent with the final regulatory determination for perchlorate. Benjamin Grumbles, EPA’s assistant administrator for water said, "This is a sensible step for protecting public health and preserving regulatory options as the science of perchlorate is reviewed."

On October 10, 2008, EPA issued a preliminary regulatory determination for public comment in the Federal Register. The Agency announced its intention on October 3, prior to the official Federal Register notice. The notice described the Agency’s decision that there is not a "meaningful opportunity for health risk reduction" through a national drinking water regulation for perchlorate. The agency received more than 32,000 comments on the notice. On October 3, environmental advocates [Earthjustice, representing the Environmental Working Group (EWG)] announced they planned to sue the Agency, saying, the decision would benefit weapons makers at the expense of millions of Americans' drinking water "spiked with rocket fuel." They said they would "fight in court to make sure this toxin is regulated under the Safe Drinking Water Act." [See WIMS 10/6/08].

EPA said that after considering public comments, as well as recommendations from EPA advisory groups and offices, it was asking the NAS to provide additional insight on various issues. Specifically, EPA is asking the NAS to evaluate its derivation of the Health Reference Level of 15 ppb, the use of modeling to evaluate impacts on infants and young children, and the implication of recent biomonitoring studies. The Agency is also asking NAS how it should consider the role of perchlorate relative to other iodide uptake inhibiting compounds and if there are other public health strategies to address this aspect of thyroid health.

EPA said it is replacing the existing preliminary remediation goal of 24.5 ppb with the interim health advisory value of 15 ppb. They said the goal will be used as a consideration when establishing cleanup levels for perchlorate at Superfund sites. The OIG reported that on February 18, 2005, EPA established a perchlorate reference dose (RfD) that corresponds to a drinking water equivalent level of 24.5 parts per billion (ppb). The OIG said that unlike EPA it used a cumulative risk assessment to analyze the risk from the multiple sodium iodide symporter (NIS) stressors and said that approach "is required to identify potential actions that will effectively lower the risk to public health."

OIG concluded that despite the fact that EPA did not use the proper cumulative risk assessment, "EPA’s perchlorate RfD is conservative and protective of human health, but limiting perchlorate exposure does not effectively address this public health issue. Potentially lowering the perchlorate drinking water limit from 24.5 ppb to 6 ppb does not provide a meaningful opportunity to lower the public’s risk."

EPA noted in its latest announcement that a "regulatory determination" is a formal decision by EPA as to whether it should initiate development of a national primary drinking water regulation for a specific contaminant under the Safe Drinking Water Act. A "health advisory" provides technical guidance to Federal, state, and other public health officials on health effects, analytical methods and treatment technologies associated with drinking water contamination. Health advisories also contain guidance values that are concentrations of a contaminant in drinking water that are likely to be without adverse health effects.

Access a release from EPA (click here). Access more information on EPA's health advisory (click here). Access multiple WIMS-eNewsUSA blog posts on the perchlorate issue (click here). [*Drink, *Toxics]

Sen. Hearing On Unregulated Drinking Water Contaminants Program

Jul 12: The Senate Environment and Pubic Works (EPW) Committee, Chaired by Senator Barbara Boxer (D-CA) , with Ranking Member James Inhofe (R-OK) held a hearing entitled, "Oversight Hearing on the Environmental Protection Agency's Implementation of the Safe Drinking Water Act's Unregulated Drinking Water Contaminants Program." Witnesses testifying at the hearing included the: Government Accountability Office; U.S. EPA; American Public Health Association; West Valley Water District; Joseph Cotruvo & Associates, LLC; George Washington University Cancer Institute; and Department of Public Health and Community Medicine Tufts University.

 

    Chairman Boxer indicated in an opening statement, "In order to ensure that enough is being done to protect our nation from emerging contaminants, I, along with Representatives Waxman and Markey, asked the Government Accountability Office (GAO) to investigate the unregulated contaminant program. This report is being released today. . . the GAO report shows the development of new standards for unregulated drinking water contaminants, such as perchlorate, were derailed in a process that failed to use the best available science and was driven by factors other than the protection of public health. Scientific information has shown that certain emerging contaminants in our drinking water, such as perchlorate and chromium-6, could be harmful to children and families across the nation. . . EPA needs to have a process that vigorously addresses these contaminants to help ensure the safety of the nation's drinking water. . ."

 

    Ranking Member Inhofe said, "At the cornerstone of the Safe Drinking Water Act is the idea that we should be controlling those substances that pose risks to public health. Unfortunately, the system that EPA uses to determine health risks, the Integrated Risk Information System (IRIS), has a decade's long issues in crafting risk assessments. The National Academy of Sciences (NAS) has recently pointed out that IRIS assessments have suffered from a lack of transparency, inconsistency, and problems with evaluating studies and the weight of evidence. . . As analytical techniques continue to improve, we are able to detect constituents at increasingly lower levels. This ever increasing ability to detect will allow the numbers of chemicals in our water to increase infinitely. However, it is important that we do not associate any detection with risk. In nearly every case, the extremely low levels we are detecting are well below the dosage that would affect public health. To be perfectly clear, exposure does not mean there is risk. . ."

 

    GAO submitted 26-pages of testimony and a 146-page report entitled, Safe Drinking Water Act: EPA Should Improve Implementation of Requirements on Whether to Regulate Additional Contaminants (GAO-11-254, May 27, 2011). GAO was asked to: (1) evaluate the extent to which EPA's implementation of the 1996 amendments has helped assure the public of safe drinking water; and, (2) review the process and scientific analyses used to develop the 2008 preliminary regulatory determination on perchlorate. GAO analyzed relevant statutory provisions and regulatory determination documents and interviewed EPA officials.

 

    GAO found that, "Systemic limitations in EPA's implementation of requirements for determining whether additional drinking water contaminants warrant regulation have impeded the agency's progress in assuring the public of safe drinking water. EPA's selection of contaminants for regulatory determination in 2003 and 2008 was driven by data availability -- not consideration of public health concern. EPA does not have criteria for identifying contaminants of greatest public health concern and based most of its final determinations to not regulate 20 contaminants on the rationale of little or no occurrence of the contaminants in public water systems. Moreover, EPA's testing program for unregulated contaminants--which can provide key data to inform regulatory determinations--has fallen short in both the number of contaminants tested and the utility of the data provided because of management decisions and program delays. . ."

 

    GAO's 17 recommendations include that the EPA Administrator require: (1) development of criteria to identify contaminants that pose the greatest health risk; (2) improvements in its unregulated contaminants testing program; and, (3) development of policies or guidance to interpret the broad statutory criteria. According to GAO, EPA agreed with 2 recommendations but took the position that developing guidance and taking the other recommended actions are not needed. GAO believes EPA needs to adopt all of the recommendations to better assure the public of safe drinking water.

 

    EPA testified that, "Strong science and the law are the foundation of our decision-making at EPA. Under the Safe Drinking Water Act (SDWA), EPA identifies priority contaminants that are known or anticipated to occur in public water systems and then evaluates whether new drinking water standards are warranted for these contaminants. . . GAO's report expresses concern that EPA's past decisions have been driven not by considering the greatest health concern but by considering available data. EPA agrees that we can improve our process to better focus on contaminants that may be of public health concern. The improved approach in the most recent CCL [Contaminant Candidate List] was a substantial step forward in achieving this by using a rigorous scientific process to better ensure that the contaminants on the list are the ones that should be of highest priority for public health protection. . .

 

    "In response to the GAO recommendations, EPA will also consult with an independent panel of scientists on the regulatory determinations, specifically on the evaluation of the contaminants against the first and second criteria defined by SDWA, the use of best available science to develop the determination, and whether the determination focuses on the greatest public health risk. We will post the regulatory determination process publicly and review the process every five years as we conduct the regulatory determination cycle. . ."

 

    Access the hearing website with links to all testimony, a webcast and Chairman Boxer's statement (click here). Access the statement from Sen. Inhofe (click here). Access the complete GAO report (click here). [*Drink]

WIMS Environmental HotSheet 4/4/14

National / International News

 

<> Climate change will 'lead to battles for food', says head of World Bank - Jim Yong Kim urges campaigners and scientists to work together to form a coherent plan in the fight against climate change

• Complete Transcript of World Bank Group President - Jim Yong Kim's Speech at the Council on Foreign Relations with a lengthy and detailed Q&A following

<> Q&A: IPCC Official Christopher Field Discusses Latest Climate Change Report - What's Field's take on the IPCC's Working II report? Read Bloomberg BNA's Eric J. Lyman's exclusive interview.

<> Pew Report Finds That Global Clean Energy Investment Declined in 2013 - Global clean energy investment fell 11 percent to $254 billion, and renewable power generating capacity additions declined by 1 percent in 2013. . .

<> Exploring the Potential Business Case for Synergies Between Natural Gas and Renewable Energy - A report from The Joint Institute for Strategic Energy Analysis, operated by the Alliance for Sustainable Energy, LLC, on behalf of the U.S. Department of Energy's National Renewable Energy Laboratory.

<> EPA Awarding Close to $13 Million to Assist Small Drinking Water and Wastewater Systems Across the United States - U.S. EPA  is awarding $12.7 million in grants to help small drinking and wastewater systems --  those serving fewer than 10,000 people --  and to private well owners. The grantees. . .

<> Combating Climate Change: Secretary Hagel Hosts the U.S.-ASEAN Defense Forum - Secretary of Defense Chuck Hagel hosts a roundtable meeting with defense ministers from the Association of South East Asian Nations in Honolulu, Hawaii, April 2, 2014. As this week's. . .

<> The Outlook for Renewable Energy - April 4 -- Renewable energy has now become a technology of choice for many Americans, accounting for nearly 40% of all new, domestic power capacity installed in 2013. Presently, renewable power capacity exceeds 190 GW. . . 68-page report from American Council On Renewable Energy

<> Exxon Agrees to Disclose Fracking Risks - (Wall Street Journal) Exxon Mobil Corp. agreed to publicly disclose more details on the risks of hydraulic fracturing of oil and gas wells, reversing a long-held opposition after negotiations with environmental groups and. . .

<> Neonic seed treatments don't add up - Purdue University presented hard data to support that 94% to 98% of corn seed in the U.S. is pre-treated with neonics. Bad news for pollinators, since we know neonics pose a threat to bees even at low levels.

• Christian Krupke - Purdue Agriculture - Purdue University

<> U.S. Government Announces $1 Billion for Abandoned Uranium Mine Clean Up on the Navajo Nation - funds to cleanup 10 percent of abandoned uranium mines on the Navajo Nation

<> U.S. Government Announces $1.1 Billion for Henderson Perchlorate Clean Up - funds to cleanup a former chemical manufacturing site in Henderson, NV -- the largest perchlorate groundwater plume in the country which has contaminated Lake Mead, which feeds into the Colorado River, a major source of drinking water in the Southwest.

<> Global Status of GMO and Non-GMO Crops - Dr Mae-Wan Ho takes you behind the latest, most blatant scientific disinformation campaign to show how GMO crops have remained a minority sector in food production and shrinking from overwhelming consumer. . .

 

U.S. Appeals Court Environmental Decisions

<> Supreme Court: McCutcheon v. Federal Election Commission - Symposium: McCutcheon opens the door to massive party contributions, but four Justices continue to push back forcefully. Complete coverage, opinion, and all briefs

 

Federal Register Highlights 

The following is an alert of Environmental Federal Register announcements that may be of interest for: Friday, April 4, 2014.  (Click here to access today's complete Federal Register index with links to complete announcements).

 

1. Water - Final Rule. U.S. EPA. Kraft Pulp Mills NSPS Review PDF | Text | 

 

Senate Hearing On EPA "Rollbacks"

Feb 6: The Senate Committee on Environment and Public Works, Chaired by Senator Barbara Boxer (D-CA) held a hearing entitled, Oversight of Recent EPA Decisions. In an opening statement Senator Boxer said, "Late in 2006, EPA rolled back several health protections and reduced public information about pollution. This was a series of unwelcome holiday gifts to the American people. These EPA rollbacks have common themes: they benefit polluters’ bottom line, and they hurt our communities by allowing more pollution and reducing the information about pollution available to the public. Today is the first in a series of hearings. EPA has gone too long without meaningful oversight. I want to send a clear signal to EPA and to this Administration. We are watching. The American public is watching. And no longer will EPA rollbacks quietly escape scrutiny.

Senator Boxer identified a number of items to be discussed including: Weakening the Community’s Right to Know (Toxic Release Inventory, TRI); Closing EPA Libraries; Eliminating Perchlorate Testing; Cutting Scientists Out of the Process of Setting Air Quality Standards; The Lead Air Quality Standard; and Increasing Toxic Air Pollution. She said, "The pattern of these year-end actions is striking-the public interest is sacrificed and environmental protection compromised. Who gains from these rollbacks? Just look at who asked for them, like Big Oil and the battery industry. EPA’s actions and proposed actions make it clear who EPA is protecting. The purpose of these oversight hearings is to remind EPA who they are truly accountable to-the American people."

Ranking Member, Senator James Inhofe (R-OK) made a series of comments on each of the six items addressed at the hearing. In brief summary, Inhofe said he thought the NAAQS process reforms announced by EPA were "a major step in the right direction." He said the NAAQS staff paper on lead is an example of a document written by mid-level EPA staff, without input from high-ranking officials. On the subject of perchlorate, he said, "...it is critical that EPA fully understand how much exposure comes from drinking water and how much comes from natural and other sources before we set out creating an unfunded mandate on our local drinking water systems..." He applauded EPA on recent efforts to reduce the compliance burden associated with the Toxic Release Inventory. On the library issue he said, "...all information held at these closed libraries and the other remaining libraries remains available to EPA employees and the public online."

Witnesses testifying at the hearing included: Stephen Johnson, U.S. EPA Administrator; U.S. Government Accountability Office; Chief Counsel for Advocacy for the U.S. Small Business Association; Natural Resources Defense Council; Baltimore Glassware Decorators; American Library Association; Air Lawyer with Holland and Hart; and Professor of Medicine at University of California, San Francisco.

The Government Accountability Office (GAO) released testimony entitled, Environmental Information: EPA Actions Could Reduce the Availability of Environmental Information to the Public (GAO-07-464T, February 6, 2007). GAO testified on the TRI issue and said, "Although we have not yet completed our evaluation, our preliminary observations indicate that EPA did not adhere to its own rulemaking guidelines in all respects when developing the proposal to change TRI reporting requirements. We have identified several significant differences between the guidelines and the process EPA followed... We believe that the TRI reporting changes will likely have a significant impact on information available to the public about dozens of toxic chemicals from thousands of facilities in states and communities across the country."

Access the hearing website for links to testimony and webcast which should be available soon (click here). Access a opening statement from Senator Boxer (click here); and a separate release (click here). Access the opening statement from Senator Inhofe (click here). Access the 36-page GAO testimony document posted separately (click here). [*All]

The Washington Power Shift: Environment & Energy Outlook

Nov 13: With the Democratic victory in the November 7, 2006, election, significant changes will now take place in the leadership and committee makeup in Congress. In today's issue WIMS is deviating somewhat from our traditional format to focus on several of the new leadership positions and their past positions which should provide some indication of future actions on environmental and energy areas when the new Congress convenes in January 2007.

Senator Harry Reid (D-NV) will replace retiring Senator Bill Frist (R-TN) as Senate Majority Leader. Reid, 66 is an avid supporter of the Democrats’ CLEAN Edge Act introduced on September 14, 2006, by Democratic Senators Debbie Stabenow, Hillary Rodham Clinton, and Maria Cantwell which they claim will create hundreds of thousands of new jobs across the country. He supports the Gulf of Mexico Energy Security Act, and has urged the Congress to move forward on the bipartisan compromise. He supports the Senate-passed bill that would repeal tax breaks for "Big Oil" companies that total $5.4 billion over the next ten years. He has been a persistent critic of the DOE/NRC Yucca Mountain proposal saying, "Nevadans and the rest of the country have the right to know about the environmental and public safety risks associated with the Yucca Mountain Project..." [and] "The Administration’s proposed Yucca Mountain nuclear waste dump would change the rules, break the law and prevent states from protecting their cities and people." He was a principal author of the Brownfield Revitalization and Environmental Restoration Act, which provides $250 million annually for grants to state and local governments to cleanup brownfields sites.

On climate change, Reid has said, "Addressing this growing environmental threat demands strong leadership. But I am afraid... such leadership has been sorely lacking by this Administration. Instead, the White House has been doctoring information about global warming in reports by government scientists..." He supported the McCain-Lieberman amendment to cap greenhouse gas emissions in 2010 at the 2000 levels and establish a mandatory economy-wide cap and trade program.

Access Senator Reid's website (click here). Access Senator Reid's Minority website (click here).

Senator Jeff Bingaman (D-NM), will replace Senator Pete Dominici (R-NM) on the Energy and Natural Resources Committee. Bingaman, 63, has been a strong advocate for the Clinton area Roadless Rule saying, "the Clinton Roadless Rule struck a chord with Americans, who want to ensure that the few remaining acres of roadless areas in our national forests will be there for the enjoyment of their children and grandchildren." He has criticized the Administration on its implementation of the Healthy Forests Initiative and the fuels reduction strategy and said, the "leadership of the Forest Service has... pushed its managers to treat the cheapest and easiest acres, leaving communities at risk and wasting taxpayer dollars. On the issue of climate change and technology, Bingaman has said, "Our current policy of exclusive reliance on voluntary measures to reduce greenhouse gases has not really led to changes in the technologies we use... We will be wasting taxpayer dollars, if we continue to rely exclusively on government supported R&D to solve the problem of global warming. If we are going to address climate change at the lowest possible cost to taxpayers and society, we need a combined strategy of funding R&D and sending the right price signal to markets. I have been proposing a cap-and-trade approach to establish such a price signal on greenhouse gas emissions..."

Bingaman opposes S.3711, the Gulf of Mexico Energy Security Act of 2006, and has said he will vote against it. He said, In terms of expanding the nation’s energy supply, "the bill takes us in the wrong direction over the long term." He is concerned about the enormous revenue shift that would result from the new entitlement program that would be created for Gulf Coast states if the legislation becomes law. He supports On energy legislation he supports, Senate Democrats bills which calls "smart, pro-consumer policies to help put America firmly on the path to energy independence." He supports making America the world leader in areas like solar, wind and biofuels; and actions to combat price gouging. He lists specifically, S.2829, the Clean EDGE Act of 2006); S.2025, the Vehicles and Fuels Choices for American Security Act; S.2747, the Enhanced Energy Security Act of 2006, or S.2677, the Securing America’s Energy Independence Act.

Bingaman has been a strong support of preserving the Arctic National Wildlife Refuge (ANWR) saying drilling for oil and gas "will do little to meet our energy needs and nothing to reduce our energy prices... even at its peak production -- twenty years from now -- it will reduce our reliance on imports by only 4 percent." Bingaman co-sponsored the bipartisan Fuel Economy Reform Act of 2006, introduced in July and said, “It’s hard to imagine a genuine discussion of our country’s energy future without a significant effort to improve vehicle fuel efficiency." He called the measure a moderate proposal to begin raising the standards for fuel economy.

Access Senator Bingaman's website (click here). Access Bingaman's Ranking Member releases on the Energy and Natural Resources Committee website (click here).

Senator Barbara Boxer (D-CA) will apparently Chair the Senate Environment and Public Works Committee and replace outspoken global warming critic Senator James Inhofe (R-OK). The current Ranking Member, Senator James Jeffords (I-VT) is retiring and Senator Max Baucus (D-MT) who has seniority is slated to Chair the Finance Committee; and Senator Joseph Lieberman (I-CT) is to Chair Homeland Security and Governmental Affairs. Boxer, 65, is regarded as one of the nation's most liberal advocates of environment protection. She has fought to protect the California coast and the Arctic National Wildlife Refuge from oil drilling. She has written bills to make polluters pay the costs of toxic Superfund clean-ups. She wrote the law to set drinking water standards at levels that protect children and other vulnerable populations, and she led the successful fight to stop the rollback of national arsenic standards. She is a coauthored of the Brownfields Revitalization and Environmental Restoration Act of 2001.

Most recently, in October she filed an amicus brief in the U.S. Court of Appeals for the 2nd Circuit challenging U.S. EPA's rule on human pesticide testing; and she requested EPA to immediately issue a perchlorate health advisory that addresses early life exposures and susceptibility issues and revise the Agency’s perchlorate cleanup goal. In September, she said EPA’s proposed standards for particulate matter pollution chose "polluters over the people" and "fail to protect public health." She said the standard, "flies in the face of science, should not stand." She said if EPA did not reconsider the proposal it should be struck down by the Courts.

In late August Boxer commented on California legislation to impose broad caps on greenhouse-gas emissions and combat global warming saying, "I am so proud of California today, which has once again taken the lead in confronting a critical environmental issue by passing legislation to directly address the threat of global warming. Global warming could reshape the world as we know it. Climate change could dramatically reduce the Sierra Nevada’s snowpack, trigger a devastating rise in sea level, increase the spread of infectious disease, and harm agriculture." She is the lead cosponsor of the Global Warming Pollution Reduction Act of 2006, authored by Senator Jim Jeffords which calls for an 80 percent reduction in greenhouse gas emissions by 2050.

Access Senator Boxer's website (click here). Access the Senate Environment and Public Works Committee website (click here).

Representative Nancy Pelosi (D-CA) will replace Speaker J. Dennis Hastert (R-IL) as Speaker of the House. Pelosi has been an outspoken critic of the Administration. On energy issues she says, "The Republican plan for energy has allowed consumer price gouging by Big Oil companies, while these very companies earn record profits with help from tax breaks and subsidies provided by the Republican Congress. Democrats propose a New Direction for America’s Energy policy, which will put an end to price gouging and unnecessary subsidies for Big Oil companies. Democrats will focus on reinvesting our energy capital into the Midwest, not the Middle East." She says the Democratic energy program will "punish price gouging by Big Oil & help consumers; and stop $33 billion in tax breaks and subsidies for Big Oil.

On environmental issues she indicates, "Protecting the environment is vital to protect the health of all Americans, particularly our children. Democrats are fighting for cleaner air, cleaner water, and preservation of our natural resources, understanding that what we do today has an impact on future generations of Americans. We stand up for fair policies that protect America’s environment while allowing for economic opportunity -- priorities that can work together." She indicates, "the Bush administration’s policies have begun to reverse 30 years of bipartisan support for the environment by rolling back important regulations, proposing drilling in the Alaska National Wildlife Refuge, and crippling provisions in the landmark Clean Air Act." She says Democrats believe in: Proactive, common sense solutions to protect the health and safety of our children; Working together for clean water, clean air, and measures to increase recycling and reduce pollution; Forest management that protects our woodlands, not special interests; Energy policies that promote efficiency and innovation, and provide more protection for consumers; Protecting the nation’s precious wetlands and coastlines by supporting and defending the Clean Water Act; and Investing in technologies that will reduce air pollution and lead to greater energy independence.

Commenting on the recent Administration’s strategic plan on climate change presented to the House Science Committee in September she said, "The world needs decisive action to prevent global warming; instead the Bush Administration keeps offering the American people more hot air. Rather than stepping forward with bold ideas to take on the challenge of climate change, Bush Administration officials repackaged their research and development plans and presented them to the House Science Committee as a new strategic plan. There are precious few new ideas in this ‘strategic plan,’ and no new funding. More importantly, never-ending research isn’t enough – we need strong policies to get new technologies to the marketplace and reduce global warming pollution."

On the Administration's energy policy she has commented in recent months saying, "President Bush says our nation is addicted to oil, but five years after adopting the recommendations of Vice President Cheney’s secret Energy Task Force, the Administration continues to feed the addiction. Conceived in secret, the Administration’s energy plan was written by and for their friends in the oil industry, who raked in more than $100 billion in profits last year. It is a big success for Big Oil. It is an enormous failure for the American people." [And] "the Republicans keep replaying the same old, tired ideas on energy -- such as opening the pristine Arctic National Wildlife Refuge to oil drilling. We should not sacrifice the Arctic coastal plain, one of America’s last truly wild places, for the sake of a small amount of oil. Democrats are stepping forward with new ideas and new solutions. We can’t drill our way to energy independence -- but we can grow our way to energy independence. America’s farmers are ready to grow energy crops that will end our dependence on oil from unstable regions."

Access Representative Pelosi's House Minority website (click here). Access Representative Pelosi's website (click here).

Representative John Dingell (D-MI) will Chair the House Energy and Commerce Committee and replace Representative Joe Barton (R-TX). Dingell, 80, and considered a moderate is the longest-serving member of the House. A cosponsor of the Senate Democrats comprehensive energy independence bill entitled the “PROGRESS Act,” he said the bill is, "a solid plan that will get America on track toward achieving energy independence. Millions of vehicles already on the road are capable of operating on alternative fuels such as E-85... [the] proposal would give consumers the opportunity to use these fuels by ensuring they are readily available.” Dingell, one of three Democrats requesting a GAO study on GAO) EPA's lead and copper rule agreed with the findings that it was "inadequate and may be putting public health at risk." On Superfund, Dingell says, "The Republican Congress and the Bush Administration continue to underfund what has historically been a productive program. The President should explain to the American people why he is content to leave the public health and environment at risk while toxic sites lay untreated in our communities for years." Dingell has also requested EPA clarification of the case law and EPA's position relating to CERCLA responsible party liability issues since the U.S. Supreme Court decided in Cooper Industries, Inc. v. Aviall Services, Inc. 125 S. Ct, 577 (2004) [See WIMS 10/27/06]. Dingell and several colleagues also sponsored legislation, H.R. 879, that would require all new and replacement underground storage tanks to have secondary containment.

Dingell has been an advocate for controlling the import of solid waste from Canada. He says that, H.R. 2491, the International Solid Waste Importation and Management Act of 2005, which passed the House and is stalled in the Senate Committee on Environment and Public Works, "contains important provisions to implement and enforce the bilateral U.S.-Canadian Agreement concerning the transboundary movement of hazardous waste between our countries. The bill would ensure that the U.S.-Canadian Agreement is properly implemented and enforced." Commenting on a July 2006, GAO report which he and others requested, that concluded EPA's air toxics program is failing to reduce public health risks from cancer-causing toxic air pollution, Dingell said, "We in Congress who voted for these deadlines expected better from EPA; the American people deserved better. And the Bush Administration's chronic underfunding of environmental priorities means that progress will continue to be limited."

Access Representative Dingell's Energy and Commerce Committee Minority website (click here). Access Representative Dingell's website (click here).

Representative Nick Rahall (D-WV) will Chair the House Committee on Resources and replace Richard Pombo (R-CA) who was defeated in his bid for re-election. Pombo was a strong advocate for drilling in ANWR and reforming the Endangered Species Act and the National Environmental Policy Act (NEPA). Rahall, 57, has a mixed record of being pro-labor, yet because of his support for the mining industry he opposes some Democratic environmental and energy initiatives. On November 9, Representative Rahall issued a release which he said offered a "glimpse into the future of the Resources Committee." He said, "For too long now, this Congress has pursued policies that are out of touch with American expectations for conserving our unique natural and cultural heritage -- and my colleagues and I are looking forward to working together to restore the balance that has been lost along the way... I have always been a believer in the 'two E’s' – endowment and empowerment – which together will go a long way toward realizing the potential of our nation’s most precious resources and preserving our country’s heritage for future generations... most significant resources are still not properly cared for and protected -- whether it be roadless areas in national forests, the crumbling national parks, threatened and endangered species, or the integrity of our oceans and our fisheries. As Chairman of this Committee, it is integral to promote sound conservation that will protect the wilderness potential of public lands, promote outdoor recreation opportunities to hunt, fish and enjoy our natural environment, and restore our oceans and fisheries.

"Americans must also be empowered by protecting their right-to-know through laws such as the National Environmental Policy Act (NEPA), ending corporate welfare, reclaiming Appalachia, and protecting the disenfranchised in Indian Country and our territories. As Resources Chairman, I will maintain NEPA, end royalty holidays in the OCS and give-aways under the Mining Law of 1872, prioritize the reclamation of abandoned coal mines and miners, advance Native American health care, and tackle territorial issues such as political self determination."

On September Rahall commented on the ruling by the U.S. District Court for the Northern District of California upholding the "Roadless Rule" saying, "A great swath of America’s natural heritage has been granted a pardon from destructive developments due to a landmark court ruling overturning the Bush Administration’s policy to set aside the popular Clinton-era “roadless rule” for National Forests."

Access Representative Rahall Resource Committee Minority website (click here). Access Representative Rahall website (click here).

Other Major Committee Changes - Obviously, there are many other Committee and Subcommittee changes that will affect environmental and energy decisions in the 110th Congress, too numerous to detail here. The following is a brief summary of the other major Committee changes.

In the Senate: Agriculture, Nutrition, & Forestry: Tom Harkin (D-IA), 66, will replace Saxby Chambliss (R-GA). Access the Committee website (click here). Access Harkin's website (click here). Commerce, Science, & Transportation: Daniel Inouye (D-HI), 82, will replace Ted Stevens (R-AK). Access the Committee website (click here). Access Inouye's website (click here).

In the House: Agriculture: Collin Peterson (D-MN), 62, will replace Bob Goodlatte (R-VA). Access the Committee website (click here). Access Peterson's website (click here). Transportation & Infrastructure: James Oberstar (D-MN), 72, will replace Don Young (R-AK). Access the Committee website (click here). Access Oberstar's website (click here). Science: Bart Gordon (D-TN), 57, will replace retiring Sherwood L. Boehlert (R-NY). Access the Committee website (click here). Access Gordon's website (click here).

Senate Hearing On Science and Environmental Regulatory Decisions

May 7: The Senate Environment and Pubic Works Committee, Subcommittee on Public Sector Solutions to Global Warming, Oversight, and Children’s Health Protection held a hearing on "Science and Environmental Regulatory Decisions." Full committee Chair, Senator Barbara Boxer (D-CA), serves as Chair of the Subcommittee. Witnesses testifying at the hearing included: George Gray, PhD., U.S. EPA Assistant Administrator for the Office of Research and Development and representatives of the Union of Concerned Scientists; Covanta Energy Corporation; George Washington University; New York University School of Medicine, Nelson Institute of Environmental Medicine; a Private Advisor on Toxicology and Human Health Risk Analysis; the Gradient Corporation; and Environmental Defense Fund.

Senator Boxer issued an opening statement saying, "EPA was created by President Nixon as an independent agency, designed to protect families, children, and our natural environment from harm. Unfortunately, what we will hear today is that the Bush Administration is discarding the best available science, and instead is seeking the advice of special interests that would benefit from weak environmental standards. A clear pattern has emerged at EPA. When it comes to who wins and who loses, time and time again, the polluting special interests come out on top, at the expense of the health of the American people. . .

"EPA has a special children’s health advisory committee, because children are particularly vulnerable to the toxic effects of pollution. This important scientific advice has been repeatedly ignored by the agency. For example, the agency refused to follow that Committee’s proposals to better protect children from smog pollution, toxic fine soot pollution, lead contamination in air, and perchlorate contamination of tap water -- all of which are especially dangerous to children. . ." She recounted several examples of the "Administration’s rejection of scientific advice."

Finally, she said, "And just in the last few days, a senior EPA appointee, Mary Gade, told the Chicago Tribune she was forced to resign for aggressively pursuing the cleanup of a dioxin-contaminated site in Michigan [See WIMS 5/2/08, and related article below]. The Bush EPA is failing to meet its mandate to protect public health as an independent, science-driven institution. The American people are paying the price with their health. This is an unacceptable pattern, and it must be reversed."

On May 2, U.S. Senator Sheldon Whitehouse (D-RI), a member of the Subcommittee, sharply criticized the Bush Administration for repeatedly putting politics before science at the Environmental Protection Agency. Whitehouse, a former Rhode Island U.S. Attorney and Attorney General who was deeply involved in the Senate Judiciary Committee’s investigation into the Administration’s firing of several U.S. Attorneys, issued a lengthy statement on the Senate Floor saying Ms. Gade’s resignation “seems like déjà vu all over again from an administration that values compliance with a political agenda over the best interests of the American people.”

Full Committee Ranking Member James Inhofe (R-OK) also delivered an opening statement indicating that,"Too often the environmental policy decisions made by EPA and other science-based agencies are driven by political or personal agendas. You see this in types of research that gets funded or the types of grants that get awarded. It is my hope that this hearing will help shed some light on how science is used by policy-makers and that we can arrive at some concrete suggestions for making the process better."

He said, "More science means better decisions—more defensible decisions. . . However, in the rush to try and dissect these individual cases and lay blame on whether science was adhered to properly or not, the bigger picture message gets lost. Our air is cleaner than it ever has been before; the levels of the six criteria pollutants are continuing to decline, air toxics monitoring is expanding and reductions in benzene, acid rain, and haze are contributing to significant improvements in air quality and environmental health.

"However, despite these improvements, in the last 2 years, EPA has significantly strengthened or proposed to strengthen 3 of the 6 criteria pollutants, all driven by citizen suits and court ordered deadlines, and the agency once again has been attacked by stakeholders on both sides for doing so. Reduction levels are now being debated so intensely and at such marginal levels that one must stop and consider if there ever will be a level requisite to protect the public health with an adequate margin of safety that will satisfy the critics. Instead, we are left with a brand new web of economic burdens that we are passing on to the states, many of which are just now beginning to make real improvements from the previous strengthening. What we have are more environmental regulations hindering environmental progress.

"I am pleased to recognize Dr. McClellan, a past Chair of the Clean Air Science Advisory Committee, who has detailed the many flaws and questionable approaches taken in justification of the recent final ozone rule, as well as the 2006 PM rule and others. I look forward to his comments on how the science panel often no longer offers its judgment of the scientific integrity of the process, but its policy opinions."

Access the hearing website for links to all testimony, opening statements and a webcast (click here). Access a release and floor statement from Senator Whitehouse (click here). [*All]