« Law - SEC's Division of Enforcement issues a 122-page Enforcement Manual | Main | Ind. Courts - Frustration with the Appellate Clerk's Office Operations »

Thursday, November 06, 2008

Environment - Pollution Dilution; New EPA CAFO Rules; Other EPA Action

Pollution Dilution. Gitte Laasby of the Gary Post Tribune reports:

BP says the diffuser it plans to use to dilute wastewater in Lake Michigan will not harm people's drinking water or wildlife -- but a federal agency wants the company to use wetlands on its own property to mitigate environmental impact.

The refinery has proposed building a diffuser consisting of a pipe extending 3,500 feet into Lake Michigan from the Whiting refinery. At the end, 12 exit ports would dilute the wastewater so pollutants come out less concentrated.

"When IDEM (the Indiana Department of Environmental Management) approved the (wastewater) permit, they determined the mixing zone would not cause harm to human health and aquatic life. It would not block passage of wildlife, it would not have an impact on habitat. It would not impact drinking water intakes. It's an ideal location," said BP spokesman Scott Dean.

The project requires a construction permit from the U.S. Army Corps of Engineers, which took public comments until last week. Environmental groups and the U.S. Fish and Wildlife Service disagree with BP's assessment, saying that diffusing pollutants could degrade drinking water, make spills harder to contain, result in more algal blooms and encourage the spread of invasive fish at the expense of lake trout and sturgeon.

New CAFO Rules. Gary Truitt of Hoosier Ag Today writes:
The EPA has announced the long delayed regulations on Confined Animal Feeding Operations (CAFOs). Tough but fair is how the National Pork Producers Council reacted to the new CAFO rules. * * * The Indiana Department of Environmental Management (IDEM) told HAT they are still analyzing the rules to see how they fit with state regulations. Indiana Pork is also reviewing the documents, but was not ready to issue a statement at this time.
Here is the US EPA press release on the new rules. Here is the EPA's CAFO page.

Other EPA Action? An editorial in the NY Times Monday was headed "So Little Time, So Much Damage." Some quotes:

Most presidents put on a last-minute policy stamp, but in Mr. Bush’s case it is more like a wrecking ball. We fear it could take months, or years, for the next president to identify and then undo all of the damage. * * *

The administration has been especially busy weakening regulations that promote clean air and clean water and protect endangered species.

Mr. Bush, or more to the point, Vice President Dick Cheney, came to office determined to dismantle Bill Clinton’s environmental legacy, undo decades of environmental law and keep their friends in industry happy. They have had less success than we feared, but only because of the determined opposition of environmental groups, courageous members of Congress and protests from citizens. But the White House keeps trying.

Mr. Bush’s secretary of the interior, Dirk Kempthorne, has recently carved out significant exceptions to regulations requiring expert scientific review of any federal project that might harm endangered or threatened species (one consequence will be to relieve the agency of the need to assess the impact of global warming on at-risk species). The department also is rushing to remove the gray wolf from the endangered species list — again. The wolves were re-listed after a federal judge ruled the government had not lived up to its own recovery plan.

In coming weeks, we expect the Environmental Protection Agency to issue a final rule that would weaken a program created by the Clean Air Act, which requires utilities to install modern pollution controls when they upgrade their plants to produce more power. The agency is also expected to issue a final rule that would make it easier for coal-fired power plants to locate near national parks in defiance of longstanding Congressional mandates to protect air quality in areas of special natural or recreational value.

Interior also is awaiting E.P.A.’s concurrence on a proposal that would make it easier for mining companies to dump toxic mine wastes in valleys and streams. * * *

We suppose there is some good news in all of this. While Mr. Bush leaves office on Jan. 20, 2009, he has only until Nov. 20 to issue “economically significant” rule changes and until Dec. 20 to issue other changes. Anything after that is merely a draft and can be easily withdrawn by the next president.

Unfortunately, the White House is well aware of those deadlines.

Posted by Marcia Oddi on November 6, 2008 08:13 AM
Posted to Environment