Ben Somberg on CPRBlog {Bio}
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Toyota Says It's Found Fix; LAT and NYT Articles Raise More Questions

Toyota is on the media offensive this morning, announcing that it has found the problem (sticking pedals, it says) and is fixing it. Some articles indicated NHTSA has signed off or given "clearance" for the plan, but Toyota specifically noted that while NHTSA had reviewed its plan, it has not "signed off" on it, as it doesn't have the power to do so.

Two articles in particular have raised further questions.

The LATimes published its investigation over the weekend, questioning whether sticky gas pedals are the whole problem:

Federal vehicle safety records reviewed by The Times also cast doubt on Toyota's claims that sticky gas pedals were a significant factor in the growing reports of runaway vehicles. Of more than 2,000 motorist complaints of sudden acceleration in Toyota and Lexus vehicles over the last decade, just 5% blamed a sticking gas pedal, the analysis found.

What's more, the National Highway Traffic Safety Administration has conducted eight investigations into sudden-acceleration problems in Toyota vehicles over the last seven years, none of which identified a sticking pedal as a potential cause.


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Congress and Coal Ash: Who are the Constituents?

Sue Sturgis has a nifty post at Facing South checking in on the doings of members of congress who represent states or districts that have cases of groundwater pollution from coal ash sites. Writes Sturgis:

On July 9, 2007, EPA's Office of Solid Waste published a report titled "Coal Combustion Damage Case Assessments" [pdf] documenting 24 cases of proven environmental damage and 43 cases of potential damage caused by current coal ash disposal practices nationwide. As it turns out, many of those damage cases are in the home states of Congress members opposing strict coal ash regulations.

Dozens of members representing areas affected by coal ash pollution have signed letters to the administration opposing strong regulation (one of the letters was sent just last month). Check out the post for the full rundown.

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EPA Makes a Good Move on Chemical Secrecy

The EPA announced yesterday that they’re changing the way they treat manufacturers’ claims that certain information about toxic chemicals should be kept secret.

Richard Denison of EDF has a useful explanation and analysis of this good news.

Rena Steinzor and Matt Shudtz explored the dangers of secrecy in chemical science in a 2007 CPR white paper, Sequestered Science: Secrets Threatening Public Health.

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NYT Editorializes on Coal Ash Debate

The New York Times editorial page weighed in on coal ash today, saying:

The [EPA’s] recommendations, which have not been made public, are now the focus of a huge dispute inside the Obama administration, with industry lobbying hard for changes that would essentially preserve the status quo. The dispute should be resolved in favor of the environment and public safety.

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This debate is being conducted behind closed doors, mainly at the Office of Management and Budget, where industry usually takes its complaints and horror stories. A better course would be to let the E.P.A. draft a proposal, get it out in the open and offer it for comment from all sides. The Obama administration promised that transparency and good science would govern decisions like these.

 

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Coal Ash Odds and Ends

Two developments to note on coal ash from recent days:

  • OIRA extended its review of EPA's not-yet-publicly-proposed regulation on coal ash. That gives it an additional 30-days from the previous Jan 14 deadline. Matthew Madia explains at The Fine Print.
  • EPA Administrator Lisa Jackson mentioned coal ash in an appearance Thursday, saying, "There has been a lot of hullabaloo over coal ash, and I'm disappointed that some of the folks, especially on the industry side, haven't taken the time to wait and let us try to craft rulemaking."

 

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Regulating Hydraulic Fracturing -- Can/Will States do the Job?

A few months ago Rena Steinzor wrote skeptically here about state (as opposed to federal) regulation of hydraulic fracturing:

... the idea that after doing all this research, EPA should stand back and let the gas-producing states take the lead, stepping in only after much more delay, would amount to a rollback of environmental protection to the dark days of the 1950s and 1960s, before modern environmentalism and federal regulation began.

Last week ProPublica had a useful article on a key aspect of this ("State Oil and Gas Regulators Are Spread Too Thin to Do Their Jobs"). Reporter Abrahm Lustgarten put together the numbers and found:

While the number of new oil and gas wells being drilled in the 22 states each year has jumped 45 percent since 2004, most of the states have added only a few regulators.

It's a troubling read.

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Healthy Housing Groups Issue Letter of Concern on Randall Lutter

A group of organizations who work to eliminate health hazards in housing have sent a letter to OMB chief Peter Orszag expressing concern over the "detailing" of Randall Lutter to the Office of Information and Regulatory Affairs (OIRA). The letter focuses on Lutter's writings on the economics of lead poisoning:

Mr. Lutter's statement, "...the children who would benefit from reduced lead hazards are living in the care of their parents, and their parents have control of such hazards" profoundly ignores the realities of the housing market and the extent to which families are able to identify and select housing that is free from hazards.

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Although Mr. Lutter's contributions to the literature appropriately belong in an academic discussion of cost-benefit and regulatory analysis, we cannot understand why the Administration, given its public commitment to pursuing many of the very goals and policies viewed as ill-advised by Mr. Lutter, would choose to elevate him to the role of a regulatory gatekeeper at OIRA.

The letter was signed by the Alliance For Healthy Homes, the National Center for Healthy Housing, WE ACT for Environmental Justice, and a number of other groups.

See our previous: "Sunstein Watch: Randall Lutter to OIRA?" and "Sunstein Watch: Randall Lutter on Loan, Says OMB -- Yet WashPost Reports He's Actively Involved"

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Tennessee Coal Ash Disaster Anniversary -- News Roundup

One year ago today, about 1 billion gallons of coal ash were spilled when a dyke collapsed at the Tennessee Valley Authority's fossil plant in Kingston, Tennessee.

The Knoxville News-Sentinel has the moment-by-moment account of what happened that night. They report that Roane County real estate and tourism have suffered, and that there are 14 lawsuits pending against TVA in relation to the disaster, which will likely take years to resolve. And they editorialize:

TVA and the EPA have vowed that they will do everything in their power to prevent anything of this kind and this magnitude from ever happening again. We believe they will try — and public oversight and accountability will be the best tools to hold them to their promise.

The Chattanooga Times Free Press reports a group of local residents speaking up against TVA and state and county authorities.

The Washington Post and the Charleston Gazette look at prospects for EPA action on coal ash regulation. As the Post puts it:

One year later, most of the ash on the land is still there. And the problem of similar coal-ash ponds still sits on the long and fast-expanding to-do list of President Obama's Environmental Protection Agency.

Last week, we noted here that the White House's Office of Information and Regulatory Affairs has already held 10 meetings with industry representatives on the issue, before any EPA notice-and-comment period has begun.

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Schwarzenegger, in Copenhagen, Gives an Important Reminder of the Role of Subnational Governments. Like, the U.S. States, For Example.

In his speech in Copenhagen Tuesday, California Governor Arnold Schwarzenegger applauded international leadership on climate change, but said that national or international agreements alone will not address the issue. He said that the "scientists, the capitalists and the activists" across the world have and will play an important role. And he talked about the job for subnational governments, like his own:

While national governments have been fighting over emission targets, subnational governments have been adopting their own targets and laws and policies.

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In California, we are proceeding on renewable energy requirements and a cap and trade system for greenhouse gases. We are moving forward. As a matter of fact, we are making great progress. If hydro is included, we will get 45 percent of our energy from renewables in ten years from now and we are already at 27 percent.

We are proceeding on the world's first low carbon fuel standards and limiting greenhouse gas emissions from cars which, by the way, the Obama Administration has now just adopted. We are proceeding in a major way on green tech, no matter what happens in Washington or in Copenhagen.

I bring this all up as a reminder of the role of states here in the United States. The question: will federal climate change legislation, if and when it is passed, perhaps pre-empt states from taking some of these important steps Schwarzenegger spoke of?

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Forgive the Obvious, But: Not All Hydraulic Fracturing is Created Equal

In this morning's "Underused Drilling Practices Could Avoid Pollution," ProPublica has more important reporting on hydraulic fracturing, the process of injecting chemicals at high pressure under deep rock to extract natural gas. Reports Abrahm Lustgarten:

Energy companies have figured out how to drill wells with fewer toxic chemicals, enclose wastewater so it can't contaminate streams and groundwater, and sharply curb emissions from everything from truck traffic to leaky gas well valves.

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Yet these environmental safeguards are used only intermittently in the 32 states where natural gas is drilled. The energy industry is exempted from many federal environmental laws, so regulation of this growing industry is left almost entirely to the states, which often recommend, but seldom mandate the use of these techniques.

If natural gas is to be a growing 'bridge' energy source in coming years, will we mandate that the industry do what's possible to protect the residents affected by hydraulic fracturing?

Previously in this space: Yee Huang explained how hydraulic fracturing escapes Safe Drinking Water Act regultion and Rena Steinzor lamented calls for state regulation of fracking (as opposed to federal regulation).

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