EPA Do-Nothing Rule on Cement Kiln Mercury Pollution Ignores Court Order,
Public Outcry
Activists back in court to
challenge EPA's latest refusal to control toxic
mercury emissions
WASHINGTON, Feb. 20 /PRNewswire-USNewswire/ --
Environmentalists
challenged the Environmental Protection Agency's latest refusal to limit
cement kilns' mercury emissions late last week in a federal lawsuit against
the EPA. Earthjustice is representing Sierra Club, Downwinders At Risk
(Texas), the Huron Environmental Activist League (Michigan), Friends of
Hudson (New York), Desert Citizens Against Pollution (California) and
Montanans Against Toxic Burning in the lawsuit. New York State is also
expected to challenge this rule in a separate lawsuit today.
The groups filed the lawsuit February 16 in the U.S. Court of
Appeals
for the District of Columbia Circuit.
In December 2000, a federal court found that EPA's refusal to
control
cement kilns' mercury emissions violated the Clean Air Act, and ordered the
agency to set the missing standards. Six years later, EPA has issued only
do- nothing housekeeping requirements that will have "essentially ... zero"
impact on the kilns' toxic pollution. The agency estimates that
approximately 118 cement kilns emit over 11,000 pounds of mercury each
year, making cement kilns one of the largest sources of mercury pollution.
The nation's single largest mercury polluter of any kind is a cement kiln
in southern California, which emitted over 2,500 pounds of mercury in 2004.
"Once again the EPA has failed to put public health first,"
said Carl
Pope, Sierra Club executive director. "The agency ignored the law. They
have ignored the courts and they have ignored public health for too long.
It's time for the EPA to do what they should have been doing all along --
reducing the toxic mercury pollution that is harming our health and the
health of our children."
In addition to defying the Clean Air Act and repeated court
orders,
EPA's refusal to set mercury standards ignores the pleas of more than
20,000 people who wrote to the agency urging EPA to finally bring cement
kilns' mercury pollution under control.
"Under this administration, EPA's disregard for Congress and
the courts
has hit a new low," said Earthjustice attorney James Pew. "The Clean Air
Act required EPA to set mercury standards for cement kilns almost a decade
ago. A federal court ordered EPA to issue those standards six years ago.
Still it refuses. This is an agency that thinks it is above the law."
Mercury is a dangerous and powerful neurotoxin that can cause
developmental problems in newborns and young children. Mercury pollution is
deposited in waters and eventually ends up in our food supply. People are
exposed to unhealthy levels of mercury when we eat mercury-contaminated
fish. EPA estimates that 15% of women of childbearing age, or one out of
every six, have enough mercury in their blood to put a baby at risk of
cognitive and developmental damage.
"There is a very real, very sad human cost to not cutting
toxic mercury
emissions at these cement plants," said Kathy Flanagan, a member of
Downwinders At Risk and stepmother of an 18-year old ADHD/autistic son.
"You hear a lot about the cost to industry to install new controls, but the
human cost, the cost to families, and a clean future never seem to make it
onto EPA's ledger when the government is deciding what to do about so much
mercury coming out of cement plant smokestacks."
The EPA has been under fire recently for its failure to
implement
required rules to reduce toxic air pollution from a variety of industrial
pollution sources. In July 2006, the Government Accountability Office
issued a report that blasted EPA for failing to take action on scores of
specific pollution control measures that Congress required the Agency to
complete years ago. Later that summer, a federal court found that EPA's
implementation of key toxics requirements in the Clean Air Act has been
"grossly delinquent" and that, "EPA ... currently devotes substantial
resources to discretionary rulemakings, many of which make existing
regulations more congenial to industry, and several of which since have
been found unlawful."
Just this month, the U.S. Senate Committee on Environment and
Public
Works held an oversight hearing on EPA, where chairwoman Sen. Barbara Boxer
(D-CA), said in a statement that, "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."
Gradient Benchmark Study Shows Impact of Recent
Environmental
Reporting Rules
Asbestos removal was the most commonly identified ARO,
followed by PCB
remediation and uncharacterized site remediation.
Gradient provides cutting-edge science and strategies for
safe
environments. Gradient's Environmental Liability Estimation
Practice, under
the direction of Dr. Langseth, assists clients in evaluating
potential
environmental liabilities related to current or past
operations, orphan
sites, or mergers and acquisitions, and in complex cost
allocation matters
arising at multi-party sites.
CAMBRIDGE, Mass., Dec. 22 /PRNewswire/ -- In a benchmark
study released
by Gradient, researchers have found that recent laws and
regulations for
reporting environmental liabilities are having a profound
impact on
business environmental managers. The study, conducted by David
E. Langseth,
Sc.D., P.E., Principal and Leader of Gradient's Environmental
Liability
Estimation Practice, shows that uncertainties in new
accounting
requirements have prompted Fortune 500 companies to use a
variety of
approaches to identify, evaluate, and report previously
unreported
environmental liabilities. Most notable is a class of
liabilities called
asset retirement obligations (AROs), which recognize
liabilities today for
expected costs to retire assets such as buildings and
equipment,
underground storage tanks, and oil/gas production facilities,
rather then
lumping the liabilities together with the assets in a contra
asset account,
as was previously permitted.
According to Dr. Langseth, "Recent changes to Generally
Accepted
Accounting Principles (GAAP), coupled with the 2002 enactment
of the
Sarbanes- Oxley Act (SOX), have impacted financial reporting
of
environmental liabilities at all publicly traded U.S.
companies. These new
rules lack clarity in some areas and have led to uncertainty
for many
environmental managers about how to effectively comply. As a
result,
approaches vary widely."
Some of these changes are discussed further in a recent
Gradient
newsletter available by contacting Greg Ehrlich at
gehrlich@gradientcorp.com.
Highlights of Dr. Langseth's study Include:
- Companies were nearly evenly split on whether to judge
financial
materiality, and hence the need to report, of
AROs and other
environmental liabilities on a site-by-site or
company aggregate basis.
- Response to new rules for AROs range from reporting as
early as 2002 to
having not yet reported.
- Slightly less than half of companies changed
procedures in response to
the Sarbanes-Oxley Act, with responses ranging
from improved
documentation to overall system reviews.
- Asbestos removal was the most commonly identified ARO,
followed by PCB
remediation and uncharacterized site remediation.
Gradient provides cutting-edge science and strategies for
safe
environments. Gradient's Environmental Liability Estimation
Practice, under
the direction of Dr. Langseth, assists clients in evaluating
potential
environmental liabilities related to current or past
operations, orphan
sites, or mergers and acquisitions, and in complex cost
allocation matters
arising at multi-party sites. Dr. Langseth is a registered
professional
engineer and earned his Sc.D. in civil engineering from MIT.
Call Greg Ehrlich, 617-395-5513, for information or services
offered by
the Gradient Environmental Liability Estimation Practice team.
Articles
Asbestos lawsuits and lawyers
Asbestos (a
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Asbestos
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