EPA slow to finish rules on air toxins

By BART JANSEN, Washington D.C. Correspondent

Copyright © 2006 Blethen Maine Newspapers Inc.

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WASHINGTON — The Environmental Protection Agency took years longer than Congress intended to regulate toxic air pollutants, and major parts of the program remain incomplete, according to an audit by congressional investigators. Problems with the program raise health alarms because 95 percent of all Americans face an increased likelihood of developing cancer from air toxics such as benzene, according to the report by the Government Accountability Office.

The study was requested by a group of lawmakers that includes Sen. Olympia Snowe, R-Maine, and Rep. Tom Allen, D-Maine. The study found that EPA was four years late in issuing 96 rules for industrial emissions. The delays set back evaluations of how they are working. The evaluations are supposed to be completed eight years after they begin.

Smaller stationary sources such as dry cleaners and mobile sources such as cars produce 70 percent of the pollution from toxics. But EPA has completed only 16 of 70 rules for smaller polluters and hasn't finalized rules for mobile polluters.

"While EPA has made progress toward implementing the air toxics program mandated by the Clean Air Act, most of the completed requirements were met late and many requirements and significant challenges remain," wrote John Stevenson, GAO's environment director,

But senior EPA officials contend that the agency has reduced pollution significantly in recent years. The agency also complained that its agenda is set largely by lawsuits filed after deadlines are missed.

"We believe this is an inappropriately narrow measure of progress," William Wehrum, acting assistant administrator of EPA, wrote in response to the study.

Lawmakers requested the study to monitor rules that Congress adopted in 1990 as amendments to the 1970 Clean Air Act. Air toxics include such substances as benzene, asbestos, chlorine, toluene, xylenes and benzene.

The GAO report found that:

n EPA met congressional deadlines for only 12 of 453 requirements for the program. EPA was late on 202 and is past due on 89, and 150 more are unmet and not yet due.

n The air-toxics program suffered in spending priorities against other clean-air programs. The toxics program got 12 percent of total funding in 2005, which was one-third less than five years ago.

n Delays in developing rules for toxics created delays in reviewing whether they are effective.

"It is extremely disturbing and troubling that reducing toxic air pollutants, as indicated by the EPA report, isn't a priority of the EPA," Snowe said.

Allen said the study confirmed that the Bush administration systemically impedes or blocks EPA's enforcement of the Clean Air Act.

"It also lays bare the failure of the Republican Congress to fulfill its oversight responsibilities, allowing this administration to ignore and evade the Clean Air Act's clearly stated mandates," he said.

State action also has been slow.

The Maine Department of Environmental Protection created a Maine Air Toxics Initiative in late 2002 to study the risk and develop low-cost or no-cost options for reducing air toxics.

Although the group hoped to come up with its recommendations by the end of 2004, it is now aiming for a consensus by the end of this year.

Washington D.C. Correspondent Bart Jansen can be contacted at (202) 488-1119 or at: