Newly appointed EPA Administrator gives overview of environmental issues

Dennis McLerran was appointed Administrator for EPA’s Region 10 in January. He spoke to the Idaho Environmental Forum on Tuesday, April 6, 2010.

McLerran noted that he has experience working in local government and has worked on air quality issues in a large urban area, Seattle, and in the smaller community of Port Townsend. He has been on the other side of the fence in private practice as an attorney. He has family ties to Mackay, Idaho, as well.

He voiced his admiration for EPA Administrator Lisa Jackson.

McLerran outlined the Obama administration’s priorities for the Environmental Protection Agency:

· Climate change: EPA announced its endangerment finding regarding carbon as a pollutant in the absence of any action by Congress to control carbon emissions. The agency put together tailpipe rules for automobiles using a collaboration that included the auto industry and the State of California. The rules will go into effect in January, 2011.

In addition, EPA is looking at regulating large sources of CO2 emissions first with a tailoring rule in January 2011. This will include power plants and very large emitters.

What Congress does in the next year or two will have an impact on what EPA will pursue.

· Air quality: EPA will be setting tighter standards for fine particulate like that found in wood smoke or diesel. New ozone standards will be coming out in late spring or early summer. It is possible that they will be set at .06 or .065 which would mean that the Treasure Valley will be classified as a non-attainment area. He did mention the state’s auto emissions programs for the area. There could also be new standards for sulfur dioxide and nitrogen oxides along freeways.

· Mercury: Idaho has been ground zero for impacts from surrounding states. He commended us for the work we are doing on mercury emissions. DEQ is collecting elemental mercury and EPA has funded mercury contamination cleanups in the last three years. There is still a ways to go in dealing with mercury, he said.

· Safety of chemicals: Work needs to be done to rewrite the toxic substances statute.

· Superfund communities: there is still cleaning up to be done. For Idaho, that means the Silver Valley, a massive superfund site on which a great deal of time, energy and dollars has been spent. Now blood levels in children are down to the national average rather than being way above it. This is still controversial but EPA is moving ahead.

· Protecting American waters: We need to make more progress on this, especially with nutrient loads and stormwater runoff. We need to do more than the traditional methods. We should be looking at trading schemes in Idaho and Washington. Nutrient problems in streams are a big issue. We need to develop innovative programs to deal with that. McLerran encouraged the group to look at innovation to improve water quality in the Boise River.

· Environmental justice: This is on Lisa Jackson’s list of priorities. EPA will be working with the tribes and low income populations to understand the needs of low income communities. The agency will be reaching out to these communities to help improve children’s health.

McLerran stressed that it is not EPA’s job to punish states for the economic crisis. The agency would like to figure out a way to make progress during these tough times. Water quality monitoring in Idaho has been suspended because of budget cuts at DEQ, but that cannot go on indefinitely. Perhaps a partnering program with EPA and the use of loaned employees might be a solution.

HUD, DoT and EPA are trying a partnership to drive highway and housing funds in ways that mutually re-enforce the missions of the three agencies.

During questioning, McLerran discussed the cement plant in eastern Oregon, saying that Oregon’s plan may not do enough to lower mercury emissions.

One audience member cited Industrial livestock (CAFO) operations as one of the biggest environmental problems. She said that antibiotics and endocrine disrupters are showing up in drinking water, and that sampling shows that 22% of homes have nitrates above safe drinking water levels. This, she says, is driving people to have to buy drinking water at Wal-Mart.

When asked if carbon trading in going to be included in the analysis of water quality issues. McLerran responded that EPA was in the formative stages on CO2 issues. Carbon trading is not on the radar screen right now. If Congress acts in that area, things would change. He is hoping that Congress will step in.

NPDES permitting, wastewater treatment and phosphate issues are among priorities in Idaho. EPA will be the point on NPDES permits. That is a priority for the region.

Another person asked about the proposed MACT standard for wood-fired boilers which would discourage the use woody biomass. McLerran responded that we would have to find a balance.

McLerran encouraged people to submit additional comments. With the increase in CAFÉ standards for automobiles, any insights in consumer innovative technologies would be welcome. These could include aerodynamic improvements, better fuel combustion, turbo charging and plug-in hybrids.

Emissions testing legislation challenged in committee

Representative Steve Kren proposed a bill this week to the House Environment, Energy and Technology Committee that would have amended the legislative rule on emissions passed two years ago, saying that Canyon County commissioners weren’t given ample time to propose alternatives to a mandatory emissions testing program.

Rep. Kren’s bill would have raised the ceiling for ambient pollution levels in relation to the national standards from 85% to 90%.

Rep. Cronin noted that Canyon County had at least 120 days to put together an alternative plan. What they come up with was a proposed voluntary system, wherein those tested could enter their names in a lottery to win $5,000.

“I’m wondering, all of these other good ideas that we keep hearing about, why were they not brought forth with this suggestion?” Rep Cronin said. Rep. Kren replied that he thought that the commissioners thought their hands were tied by the words “equivalent to that of a vehicle emission testing program.”

Debate continues on car emissions, this time over rules

On Tuesday, the Senate Health & Welfare Committee approved rules on minimum standards for auto emissions in the state of Idaho. The original legislation was based on recommendations made by the Treasure Valley Air Quality Council in early 2007. One of the recommendations was to expand the Ada County emissions testing program to include Canyon County which has always been a hot-button issue and based on the testimony during the hearing on the proposed new rules remains so.

Always a contentious issue, the legislation was revised several times before finally being passed by the legislature and signed into law by Governor Otter on April 1, 2008.

Idaho Department of Environment Quality (IDEQ) conducted a negotiated rulemaking and almost two years after the bill became law, those rules were presented to the Senate committee.
After the presentation of the rule by Martin Bauer from IDEQ and a few questions by legislators, those attending who wished to do so were given the opportunity to testimony for or against the rules.

Essentially the same cast of characters that had supported and opposed the bill expressed opposition or support of the proposed rules. Chairman Lodge reminded those opposing the bill that since the legislation had already been debated and passed and signed by the governor, testimony should be limited to commenting on the rule rather than debating the legislation over again.

Those opposing the bill claim that there is no need for Canyon County to have to comply with a testing program, that the facts do not support IDEQ’s contention that the Treasure Valley is close to becoming a non-attainment area which would impact economic expansion and limit road building.

Supporters maintain that the Treasurer Valley is very close to being declared a non-attainment area because of ozone levels now. Having this program is place will help to lower ozone levels and also buy us time if EPA decides to require lower limits on ozone. With this program in place, we might be able to convince EPA not to take over regulation of air quality in the Treasure Valley. These rules are much less onerous that whatever EPA would be likely to propose.

There were enough aye votes by committee members to counter some no votes by Canyon County legislators and the rules were approved.

Vehicle testing repeal sent back to sponsor - Saturday Summary 2/14/09

The House Environment, Energy and Technology Committee voted by a narrow margin to send a bill back to its sponsor that would have repealed last year’s air quality vehicle emissions testing bill. Representative Dick Harwood introduced the measure, saying he was representing constituents who had concerns about North Idaho counties qualifying for emissions testing under the bill. Representative Wendy Jaquet introduced a substitute motion to send the bill back to its sponsor, noting the amount of time and public input into last year’s bill were of concern, as well as the worry about the impact of non-attainment of local businesses.

Those in favor of his bill noted they would like to reopen the negotiations and see updated emissions numbers. Harwood noted that the law is an official capitulation to a federal bar on air quality that continues to be lowered every year, saying “’necessity’ is a plea to infringe on human rights. This is a method of tyrants.”
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