clean air act

Thu, 2014-05-15 05:00Sharon Kelly
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Pressure Grows on EPA to Regulate Toxic Air Pollution from Oil and Gas Industry

On Tuesday, 64 environmental groups, representing over 1 million members and supporters, submitted a legal petition to the Environmental Protection Agency, calling on the federal government to more closely regulate toxic air pollution from oil and gas drilling sites.

Continued, uncontrolled toxic pollution from oil and gas production creates serious health threats in metropolitan areas across the country,” the groups wrote, warning that over 1.04 million oil and gas wells have been drilled in the U.S. and as many as 45,000 new wells are expected annually over the next two decades.

The petition represents a shot across the bow of the EPA, as the filing lays the groundwork for lawsuits by environmental groups should the agency fail to act.

The move puts the EPA on notice that it may be violating federal law by failing to regulate air pollution from oil and gas drilling and fracking sites. “EPA also has a responsibility under the Clean Air Act to protect people from toxic air emissions nationwide,” the groups wrote, “and under section 112(n)(4)(B) it must do so.”

Absolutely this lays the groundwork for possible future litigation,” said Jeremy Nichols, a program director for WildEarth Guardians, one of the signatories to the petiton, “oil and gas wells are one of the most under-regulated sources of toxic air pollution in the U.S., yet these very wells are increasingly being drilled and fracked in communities across the nation.”

The current shale drilling boom has led to a massive spike in the number of people living near drilling, and the lack of federal regulation over the industry has led to complaints from residents across the US about the impact on their health and the health of their families.

Sun, 2013-12-15 14:17Farron Cousins
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Science On Trial In America As Courts and Congress Grapple with Industry Pollution

Both the science behind climate change and the efficacy of life-saving safety standards from the U.S. Environmental Protection Agency (EPA) had a trying week in Washington, D.C., as industry-backed lawsuits and politicians attempted to undermine the entire scientific community.

The EPA is currently battling two major legal obstacles in the courts over the agency's authority to enact and enforce provisions of the Clean Air Act.  This is a power that the U.S. Supreme Court had already ruled was not only within the agency’s jurisdiction, but a duty that it had to perform for the American public.

One of the legal battles took place at the U.S. Court of Appeals for the D.C. Circuit, where the EPA defended its work to limit the amount of mercury and arsenic that energy companies are allowed to release into the air.  According to NRDC, these health standards that are under attack from the dirty energy industry have the potential to save as many as 45,000 lives a year.

Based on the D.C. Circuit’s previous rulings regarding the Clean Air Act, it is likely that the EPA will be the victor in this case. 

Fri, 2013-06-14 11:27Caroline Selle
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Environmental Justice Groups Sue EPA for Failure to Enforce Clean Air Act

Despite several studies suggesting toxic emissions from refineries are underestimated, the Environmental Protection Agency (EPA) continually failed to review and revise emissions factors for health and life-threatening pollutants.

Now, five environmental justice groups are suing the agency for failure to comply with the Clean Air Act. The groups, the Environmental Integrity Project, Air Alliance Houston, Texas Environmental Advocacy Services (TEJAS), Community In-power and Development Association, Inc. (CIDA), and Louisiana Bucket Brigade, assert that EPA failures are leading to undue health and safety risks for the Gulf Area population.

Under the Clean Air Act, the EPA Administrator is required to review and (if necessary) revise the emissions factors used to estimate emissions of carbon monoxide (CO), volatile organic compounds (VOCs), and oxides of nitrogen (NOx) from emission sources at least once every three years. However, according to the notice of intent preceding the lawsuit, “EPA has not reviewed emission factors for flares since 1991,” for wastewater treatment systems since 1998, and emission equations for tanks since 2006.

Said TEJAS executive director Juan Parras, “EPA needs to protect public health and the environment, and there are no excuses to further delay long overdue action to revise inaccurate emission factors consistent with scientific studies.”

Thu, 2012-10-25 17:00Farron Cousins
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Groups Call On EPA To Close Fracking Disclosure Loopholes

Seventeen public interest groups, including the Environmental Integrity Project (EIP), have petitioned the U.S. Environmental Protection Agency (EPA) to close a loophole in U.S. laws that allows hydraulic fracturing operations to be exempt from disclosing the pollutants they release each year.

Under the current code, the fracking industry is exempt from having to disclose the pollutants that they release into the atmosphere every year, which is estimated by the EPA to be about 127,000 tons of pollution.  These pollutants endanger both the environment and people living in and around areas where fracking wells are operated, and the lack of disclosure makes it difficult to pinpoint the cause of illnesses and properly diagnose people when they become sick from exposure.

That is why the EIP and other groups have created a petition that was sent to the EPA, hoping to convince the agency to once again consider adding the fracking industry to their Toxic Release Inventory (TRI), which contains information about the amount and type of pollutants released into the environment by U.S. companies.  The last time the agency considered adding the fracking industry to the list was in 1996, but those discussions ended with the industry as the victor.

Fri, 2012-08-24 11:18Guest
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Conquering Coal - A Tale of One City's Fight

This is guest post by Megan Pitz.

As another sweltering summer day over 100 degrees came to a close in the Washington, D.C. region, citizens of nearby Alexandria, Virginia witnessed the closure of the Potomac River Generating Station (PRGS) coal-fired power plant also known as the 'Mirant Plant.' 

The closure was expected by the community – as much as anything can be that you fight for – but it didn’t happen overnight. It began in 2003 with citizen-activists Elizabeth Chimento and Poul Hertzel’s quest to learn the source of black soot-like residue coating the windowsills of homes and businesses in Alexandria’s Old Town neighborhood.

Chimento and Hertzel’s first step involved pressuring city officials to clean up the power plant.  Efforts in this direction continued for several years until a Mirant Community Monitoring Group (MCMG) of citizen activists, civic groups, and City officials formed and began working alongside environmental groups to hold the plant’s owner and environmental agencies accountable for the power plant’s pollution. 

In 2008, after nearly six years, this led to a legal agreement between the City of Alexandria and plant owners that, along with recommendations from Virginia’s Air Pollution Control Board, provided some of the pollution controls these citizens had been asking for, especially for the main public health concern of particulate matter.  

The decision to retire the plant arrived later but would never have happened without the active engagement of a dedicated community.

Mon, 2012-08-06 09:40Farron Cousins
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House Republicans Sacrifice Human Health For Alleged Job Creation

With July 2012 officially behind us, the U.S. jobs report for the month has economists and politicians concerned about the employment situation in America. And even though the economy added 163,000 jobs (economists had predicted only 100,000 jobs to be added for July,) the unemployment rate and the underemployment rate both crept slightly upwards. And with national elections coming up in three months, poor jobs numbers could be bad for our health.

If history is any indicator, Conservative politicians and think tanks will use last month’s poor jobs report in an attempt to provide massive giveaways to their friends in the dirty energy industry. They attempted the same thing after below-average job growth in May of this year, claiming that approval of the Keystone XL pipeline would be the job boon that Americans desperately need.

But Republicans in Washington didn’t wait for a bad jobs report before they started planning their dirty energy bonanza, but its likely they will use it as a catalyst to gain more support for their disastrous plans.

In mid June of this year, Republicans on the “House Energy Action Team” (HEAT) proposed a set of bills that would destroy many of the safeguards that are currently in place to protect our environment and our personal health in order to make things “easier” for businesses to create jobs without worrying about those pesky safety standards. What the package of legislation is really about is repaying HEAT members’ financiers from the dirty energy industry who stand to save a ton of cash by destroying regulations.

The legislation package would remove many current existing safeguards for environmental and public health until the unemployment rate drops below 6%, a rate that hasn’t been seen since July 2008, when it was 5.8%. Since that month four years ago, the rate has stayed consistently above 6%, according to the Bureau of Labor Statistics.

Wed, 2012-04-25 15:46Farron Cousins
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American Lung Association Releases 2012 State of the Air Report

The American Lung Association (ALA) released their annual State of the Air report today, followed by a live discussion on Twitter where the organization answered questions. While the report offers some positive news for American citizens, it also shows us that the Clean Air Act is under attack from the dirty energy industry.

Here are the highlights from this year’s report:
  

More than 4 in 10 people (41 %) in the United States live in counties that have unhealthful levels of either ozone or particle pollution. Over 127.2 million Americans live in the 235 counties where they are exposed to unhealthful levels of air pollution in the form of either ozone or short-term or year-round levels of particles.

Over 5.7 million people (1.9%) in the United States live in six counties with unhealthful levels of all three: ozone and short-term and year-round particle pollution: ozone and short-term and year-round particle pollution.

The strongest improvement came in reducing ozone smog levels across the nation. More than half of the country’s most-smog-polluted cities experienced their best year yet. Twenty two of the 25 cities with the most ozone pollution improved their air quality over the past year’s report. More than half of the country’s most smog-polluted cities experienced their best year yet. Still, nearly four in ten people in the U.S.(37.8%) live in areas with unhealthful levels of ozone pollution.
 

The ALA also lists the health effects of this year’s two biggest pollutants – ozone and particle pollution:

Wed, 2011-10-05 13:50Carol Linnitt
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A Best Practice a Day Keeps the Feds Away: API Workshop on Fracking "Excellence"

The ongoing American Petroleum Institute (API) workshop “Commitment to Excellence in Hydraulic Fracturing” could be more simply titled “Commitment to Hydraulic Fracturing.” The API poses as an industry leader, working to develop best practices and strengthen operating procedures. But these days the sheep’s-clothing is starting to wear thin. After all, the “Commitment to Excellence” workshop has little to do with improving industry standards and everything to do with keeping the feds at bay.

The gas industry enjoys a number of exemptions from environmental statutes at the federal level. These exemptions, from laws like the Clean Air Act, the Safe Drinking Water Act and the Resource Conservation and Recovery Act, mean that oversight of the industry occurs at the state level, an arrangement that some feel facilitates rather than regulates gas drilling. So understandably, federal involvement is something the industry wants to avoid – and keynote speaker and former U.S. Senator Byron Dorgan was at the workshop to tell them just how to do that.
Tue, 2011-08-02 10:30Farron Cousins
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EPA Proposes First-Ever Federal Fracking Rules

The U.S. EPA is poised to enact the first ever rules on hydraulic fracturing (fracking) with a proposal that would allow the agency to regulate the practice under the Clean Air Act. The Clean Air route was chosen by the agency, as the U.S. Congress prohibited their attempts to regulate the practice of fracking under the Clean Water Act in 2005.

From Raw Story:

Thu, 2011-06-16 15:15Carol Linnitt
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The Case for a Ban on Gas Fracking: Food and Water Watch Report

Last month, DeSmogBlog released Fracking the Future, an in-depth report on the threats posed by unconventional gas drilling and the efforts of the gas industry to limit state and federal oversight of the process. A review of independent scientific research showed that under no conditions can unconventional gas drilling be considered safe, nor can the oil and gas industry’s army of PR front groups and apolgists be trusted to give an accurate portrayal of the true risks associated with the fracked gas boom.

The report concluded that current state oversight is inadequate to hold the rapidly growing gas industry accountable and, given the dangers associated with unconventional gas production, an immediate moratorium on hydraulic fracturing is necessary and overdue.

In its new report, the nonprofit Food and Water Watch renewed these claims, calling for a reinstatement of federal statutes like the Safe Drinking Water Act and the Clean Air Act over unconventional drilling and, more forcefully, calling for a nationwide fracking ban. 

Entitled The Case for a Ban on Gas Fracking, the new report details the rapid growth of the risky unconventional gas fracking frenzy gaining momentum across the U.S. In the four-year span from 2004 to 2008, gas wells in America increased by 41 percent, to over 52,000. This steady increase of drilling across the country is accompanied by an unsettling encroachment of gas wells into residential areas. The report cites Pennsylvania as an example, where over 3000 unconventional wells and future well sites sit within two miles of 320 day care centers, 67 schools, and 9 hospitals. 

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