Tuesday, May 24, 2011

What's that Smell?....

As you drive down Interstate 95 through Florida, Georgia and the Carolinas, the smell of paper pulp mills often fills the air. While this brings back nostalgia of trips up and down the eastern seaboard as a child, the adult in me now wonders the current state of regulation against such industries.

I found the most recent answer to begin in April 2010, when the EPA proposed new rules in an attempt to reduce air pollutants such as mercury and dioxin that are emitted from paper pulp mills, refineries and chemical and manufacturing plants. Under the proposed EPA regulations, existing industrial boilers that fail to bring their facilities up to “Maximum Achievable Control Technology” would have to be upgraded or even replaced. This drew immediate concern from industry groups, who flooded the new regulations with over 4,800 comments, objecting to the cost burden imposed upon them and claiming that is was unreasonable. The industry groups vehemently urged the EPA to delay the air emissions regulations for industrial boilers so that they could further analyze the cost burden and impact on the economy that may result from these new restrictions.

In the wake of this opposition, the EPA responded by reconsidering the standards proposed in the initial regulations. At the time, the American Chemistry Council President, Cal Dooley, stated that, “[the] EPA is reconsidering major portions of these rules, and businesses should not be asked to comply until final requirements are clear, otherwise, businesses would be forced to unecessarily spend millions, if not billions, to comply with rules that may change.” Thus, industry was spared for the moment, and seemed to have one of the largest agencies in the land in their pocket.

On February 21, 2011, the EPA responded by presenting revisions that would cost the industries 50% less to implement, while also estimating that for every dollar spent to cut these pollutants, the public will see $10 to $24 in health benefits. It seemed like a win-win situation, with little room for complaining on behalf of industry. Recently, however, the U.S. Chamber of Commerce and the National Association of Manufacturers began spearheading a campaign with industry groups to request that the EPA once again suspend the new rules limiting emissions from boilers for the same reasons. Now, I ask, who was being unreasonable? I suppose industry would simply prefer the EPA to turn the other cheek and ignore their activities.

The industry seems optimistic that they can further influence the EPA to continue to alter its position. “We expect there will be significantly different final rules,” stated Alicia Meads, director of energy and resources policy at the National Association of Manufacturers. “It’s very counterproductive for these facilities to be installing new pollution control devices that they may not have to,” according to Meads. Delay is the friend of industry.

Overall, these regulations are aimed at cutting toxic air emissions such as mercury and soot. Additionally, the EPA has projected that the rules will create 2,200 jobs in excluding, making or installing new pollution controls. Finally, the reduced emissions will prevent 2,600 to 6,600 premature deaths, according to the agency. There doesn’t seem much to complain about within the contents.

Unfortunately, I suppose industry wants to see if it can get more of a financial break, allowing more premature deaths while saving a few bucks.

-Timothy Nalepka, Legal Intern

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