Companies signing on to EPA's revamped Project XL program More than two and a half years after its introduction, EPA's troubled Project XL is on firmer ground following changes to the program guidelines last April. EPA has recently signed final agreements with five companies for projects ranging from establishing a sitewide cap on acid rain pollutants to recycling of copper dust. Participants in the program say it is a worthwhile effort, but many question whether it can have a significant impact on the U.S. regulatory system. Project XL was designed to help companies achieve superior environmental performance in exchange for some regulatory flexibility (ES&T, lanuary 1996, p. 19A). When the program was announced in May 1995, many hoped that the 50 projects submitted to the program would help
lead to fundamental changes in EPA's regulatory system. The project bogged down over concerns about its legality and conflicts over the definition of
"While Project XL is a good idea, it will never do more than operate at the margins.'* —Jeff Van, Chemical Manufacturers Association "superior environmental performance." In August 1996 negotiations with 3M on a Project XL plan collapsed even though local stakeholders supported the company's proposal. EPA opposed the
ECOLOGICAL STUDIES Ultraviolet radiation linked to frog deformities The explanation for frog deformities in Minnesota remains a scientific puzzle. New laboratory research suggests that ultraviolet (UV) radiation plays a role, a finding that conflicts with a recent study implicating the chemistry of the water in which the frogs developed (ES&T, Deeember r1997 p. .52A). Researchers at EPA's National Health and Environmental Effects Laboratory in Duluth, Minn., produced hind-limb deformities in native leopard frog (Rana pipiens) embryos by exposing them to UV lamp llght in the laboratory. The presence of deformities was dependent on the length of time to which the embryos were exposed to the UV light. Deformities occurred only when they were exposed for more than 24 days. In addition, the EPA researchers also observed no deformities when they exposed the embryos to low levels of the pesticide methoprene or to a combination of methoprene and UV light. Initial results of the study were presented in November at the Society of Environmental Toxicology and Chemistry meeting in San Francisco. EPA researchers also offered an alternate interpretation of the experiments that led the Minnesota Pollution Control Agency and the National Institute of Environmental Health Sciences (NIEHS) to announce in September that the deformities are caused by some agent in the water. Joseph Tietge, a biologist at EPA's Duluth lab, said the deformities observed in the NIEHS tests were caused by low amounts of essential nutrient ions in the site water that was tested and small volumes of water in which the tests were conducted. The NIEHS toxicity tests used the African clawed frog Xenopus, the frog species most commonly used in laboratory tests. NIEHS biochemist James Burkhart acknowledged that in some cases the deformities observed in the lab may be associated with ion depletion. But after running the toxicity test with more samples, the NIEHS group found no correlation between ion concentrations and the incidence of embryo deformities. Burkhart stood behind the study's conclusion that additional agents, natural or anthropogenic, in the water caused the deformities in the laboratory tests. —REBECCA RENNER
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plan because it would have set an air emissions cap that, although still below permitted thresholds, was above 3M's current emissions level (ES&T, October 1996, p. 428A). In response to criticism from participants, EPA issued revised guidelines in April, clarifying what is meant by superior environmental performance, describing what kind of flexibility can be offered, and defining the roles of participants. Since the new guidelines were filed, EPA has signed final Project XL agreements with five out of eight projects approved to date. On Oct. 8, Merck & Co., Inc,, signed an agreement for its Elkton, Va., pharmaceutical plant to reduce acid deposition in Shenandoah National Park. As long as Merck's sitewide emissions remain below the cap, the company will no longer need prior approval for changes that increase emissions. Also in October, the printing wiring board manufacturer HADCO (Salem, N.H.) agreed to voluntarily recycle its copper dust and send its wastewater sludges directly to recycling in exchange for removing the sludges from hazardous waste regulation. Some national environmental groups gave Project XL's guidance a mixed review. Kevin Mills, a senior attorney with the Environmental Defense Fund, called the new guidelines "an important regrouping activity that will help EPA not fly by the seat of its pants." But Mills emphasized that the guidelines fall short by maintaining an advisory role for stakeholders instead of making them full partners in negotiations. Michael McCloskey, chairman of the Sierra Club, agreed, adding that the definition of superior environmental performance has been fatally weakened. According to McCloskey, the new guidelines could lead to fixed plant emissions rattier than the continuous improvement that would occur under existing regulations. Critics of Project XL, however, doubt that the program will lead
to significant changes in the U.S. regulatory system. Chemical Manufacturers Association spokesperson Jeff Van noted, "While Project XL is a good idea, it will never do more than operate at the margins because of what it is not allowed to do. The enforcement wing of EAA has flexed its muscle and prevented things from happening." A new General Accounting Office (GAO) report, Environmental Protection: Challengee Facing EPA'' Efforts to oeinvent Environmental Regulation, also points out the limitations of such "regulatory reinvention" efforts. Peter Guerrero, director of GAO's environmental protection issues, testified to a House subcommittee in November about barriers outlined in the report. Guerrero said, "Today's environmental laws impose requirements that have led to, and tend to reinforce mciny of the existing regulatory and behavioral practices that EPA is seeking to change" "We need national standards to protect the environment, but at the same time we need flexibility in the laws to encourage problem solving," said DeWitt John, director of the National Academy of Public Administration's Center for Economy and Environment. "You can do that with a system that focuses on performance." John is coauthor of the NAPA report Resolving the Paradox of Environmental Protection, published in September 1997 which recommends the adoption of an "integrating statute" that would affirm strong regulation while authorizing perimental cLDprociches cind con solidated monitoring ing requirements According to the NAPA report, "Project XL can help demonstrate ways to make wider use of facility-specific regulation feasible." The report recommends that EPA provide companies with flexibility to reduce the cost of compliance. Noting that corporations have held back on creative approaches because of fear of regulatory enforcement, John believes "legislation is necessary to enable EPA and the states to allow flexibility." JANET PELLEY
EUROPEAN NEWS A revised set of tougher standards for tropospheric ozone has been crafted by the European Commission's environment directorate. The proposals were hammered out following a meeting with industry, environmental groups, and national experts in October. A 1992 directive on ozone requires the commission to propose revised, stricter rules by March 1998. The proposed air quality standards are based on new World Health Organization guidelines that set an eight-hour limit value for ozone of 120 micrograms per cubic meter (pg/m3). That value would be an interim target for 2010, allowing a number of violations of the standard, which would be gradually reduced. The environmental group European Environmental Bureau criticized the proposals, advocating a much stricter target nearer to 80uq/m3 The directorate hopes the proposals will be formally adopted by April Opening the European Union's eco-management and auditing scheme (EMAS) to a broader range of industries was endorsed in November at a meeting of government officials. The European Commission proposal would increase the complementarity of EMAS and ISO 14001, the international environmental management standard. ISO 14001 is more popular than EMAS in some EU countries, and the commission's environmental directorate wants to encourage ISO-certified companies to obtain EMAS registration as well. At the meetin,, Austria called for EMAS requirements on regulatory compliance to be tightened. Austria also stressed that a requirement for companies to aim for environmental standards based on the "best available technology" principle should be maintained in the revised regulation. The commission is due to propose a revised version of the 1993 EMAS regulation this summer. Environmental technology suppliers have agreed to set up a European trade association to promote the industry and participate in EU policy making. The organization—the European Committee of Environmental Technology Suppliers' Association—was created at a Nov. 17 meeting of environmental technology trade associations from a majority of EU countries plus Switzerland. Adrian Wilkes of the Environmental Industries Commission, U.K., was elected as the group's first chairman. The association will straddle pollution control equipment suppliers and cleaner technology suppliers, according to Wilkes. One of the association's first targets will be to lobby the EU policy-making machinery for stricter environmental legislation. Environmental progress in Central and Eastern Europe will be a key issue at the Fourth Pan-European Conference of Environment Ministers, scheduled for June in Denmark. "It's very important we get them into the stream," said Danish EPA official Karsten Skov at an October planning meeting for the conference. The "Environment for Europe" conference is being held under the auspices of the United Nations Economic Commission for Europe. Also on the conference agenda are a European biodiversity and landscape strategy, a phase-out of leaded gasoline, environmental financial aid, and public access to environmental information. European companies lead the world in ISO 14001 certifications, according to German environment agency calculations. Of the more than 2300 certificates issued to date, more than half (1300) are in Europe. The United Kingdom tops the list with 440, followed by Japan (425), Germany (320), and the Netherlands (230). On a per capita basis, the top eight ISO 14001 countries are all European Union members. —Reprinted with permission from ENDS Environment Daily, Environmental Data Services, ,td., London (http://www.ends.co.uk,
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