ENVIRONMENTAL NEWS EPA proposes a national low-emission vehicle program
E
PA issued a voluntary rule in May that puts the agency in the middle of an ongoing dispute between some Northeastern states and automakers about mandates requiring the sale of electric vehicles. The new rule would create a National Low Emission Vehicle program (NLEV) only if all states, except California, and automakers sign binding agreements. The agreements would require all automakers to modify engine systems with a variety of technologies in future model years at a cost of $76 per vehicle per year to reduce overall emissions by 70%. The agreements would not require automakers to sell electric
vehicles in the states. NLEV would put low-emission vehicles on the market in the Northeast in 1999 and nationwide in the 2001 model year, if binding agreements are reached by the end of this year. Automakers, however, who stand to achieve their goal of national uniformity in state vehicle emission programs if NLEV is adopted, say they want Massachusetts and New York to drop their current electric vehicle requirements. Both New York and Massachusetts require that 10% of cars and light trucks offered in those states starting in 2003 be electric vehicles. The two states say they have no intention of dropping their current
HAZARDOUS WASTE Ohio incinerator receives green light from EPA An extensive risk assessment of a hazardous waste incinerator in East Liverpool, Ohio, may change the way EPA makes these assessments. The agency can do an adequate assessment by focusing on certain combustion byproducts, such as dioxin, rather than on the hundreds of compounds emitted from the incinerator, said Gary Victorine, EPA Region 5 waste management engineer. After two trial burns in 1993 and 1994, EPA developed the risk assessment for the controversial Waste Technologies Industries (WTI) incinerator, located near homes, an elementary school, and drinking water supplies. The agency looked at more than 150 organic compounds released from the stack or other sources within the plant and created a lengthy assessment that ruled out most compounds as possible hazards to human health (ES&T, January 1996, p. 14A). "We're starting to see a trend that dioxins, furans, benzo[a]pyrene, and phthalates tend to drive the risk assessment," said Victorine, adding that 90-95% of calculated risks are associated with these compounds. Although compounds formed during combustion posed the greatest health hazard at the Swiss-owned plant, emissions of these compounds were some of the lowest in the United States, said Victorine, who attributed the low levels to the activated carbon control system used in the new plant. A final assessment released in May gave WTI the green light to operate as a full commercial facility. It can now accept wastes categorized as acutely hazardous under the Resource Conservation and Recovery Act. Community activists who oppose continued operation of the incinerator say it should not be allowed to operate as a full commercial facility because peer reviewers are still examining the accident analysis section of the risk assessment. "We consider the risk assessment to be complete," said Victorine. —VINCENT LECLAIR
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which are based on a range of emission reduction measures adopted in California in 1991 to tighten emission limits. The Clean Air Act allows California to set its own low-emission vehicle program to address smog problems. California's measures provide a mix of emission reduction strategies, including modifications to engine and exhaust systems and the sale of natural gas and electric vehicles. The automakers, who issued a statement May 5 strongly supporting the EPA proposal, have launched court challenges to the New York and Massachusetts electric vehicle requirements. The automakers argue that these two state programs violate the Clean Air Act by requiring electric vehicles, because California in 1996 dropped its electric vehicle requirement in favor of binding agreements with the seven largest automakers. The automakers agreed to build and market 3750 electric vehicles from 1998 through 2000 and to increase their offering of electric vehicles to 10% of all n p i i T n etc c o n pro r f"*£lT"Q Q t i d Ilorh't~»/ill 1 f"\7
trucks starting in 2003 American Automobile Manufacturers Association attorney Mark Slywynsky said the automakers would rather let the market determine when and where electric vehicles are sold outside of California. "It's a tremendous burden dealing just with California. Adding other states will create an administrative nightmare." But Massachusetts argued in its May 5 response to the challenge that electric vehicles are still required in California. "The agreement [made between California and the automakers in 1996] sets a standard that is enforceable," said Massachusetts Assistant Attorriey General William Pardee. "Therefore, under federal law there is no difference between the agreement and a mandate." Massachusetts said that the automakers used 3X1 a.d~ vertising blitz to pressure Califor-
0013-936X/97/0931-310A$14.00/0 © 1997 American Chemical Society
nia to drop the electric vehicle mandate and enter into an agreement, calculating that other states would have to drop their electric vehicle mandates. Massachusetts and New York contend that the NLEV would be far less effective than the California program in solving their air quality problems, even though the national program would guarantee cleaner cars nationwide. "Given that states in the Northeast may not be able to attain the ozone standard, even with all practical control measures (including the California low-emission vehicle program), NLEV makes no sense to Massachusetts " said the state in its response to the automakers' suit Pardee said the NLEV would also take pressure off automakers to come UD with cleaner cars Robert Brenner, director of EPA's Air Policy Office, said the voluntary NLEV is EPA's best shot
at getting emission reductions in the near future, because the Clean Air Act precludes the agency from mandating further tailpipe emission reductions until 2004. He added that many states support the plan because it
New York and Massachusetts contend that the National Low Emission Vehicle program is far less effective than California's program. would result in significant national emission reductions. EPA estimates that the NLEV program will reduce nonmethane organic gas releases by 279 tons daily and nitrous oxides by 400
tons daily by 2005. The agency says the program will also reduce toxic air pollutants such as benzene, formaldehyde, acetaldehyde, and 1,3-butadiene. Automakers say they will continue to develop and market electric cars, regardless of how the NLEV program plays out. "GM's approach is to spread [the electric vehicle approach] to all of our other models," said General Motors spokesperson Richard Thompson. GM is marketing its EV1 electric car as a lease vehicle in Los Angeles, San Diego, Tucson and Phoenix. "We're marketing it as a commuter vehicle, as a second or third car" said Thompson who explained that the car's limit of 90 miles between charges and its high cost—which includes batterv replacement few years makes it a hard sell Thus far GM has leased 200 of the cars in the four cities.—VINCENT LECLAIR
U.S. toxic wastes increase, prompting push for chemical use reporting EPA Administrator Carol Browner said the agency will move ahead with its controversial proposal to add chemical use data to the Toxics Release Inventory (TRI) in response to increased toxic waste generation by U.S. industries. When die 1995 TRI annual report was released on May 20, Browner said mat the agency wants to "articulate an action plan on chemical use expansion" by the end of the year. She said the move is designed to give EPA and the public the "entire picture" on toxic chemicals EPA Assistant Administrator Lynn Goldman said the increased generation of toxic wastes underscores a need for more pollution prevention in manufacturing. In 1995, the volume of all toxic waste containing TRI chemicals, including new chemicals added to the TRI list in 1995, was more man 35 billion lb, up 7% since 1991. The agency issued an advanced notice of proposed rulemaking on the chemical use expansion last October. The proposal, which has elicited strong industry opposition, would require companies to track chemicals entering and leaving a facility, along with chemicals that become a product or a waste
byproduct {ES&T, November r996, p. 474A). A bill to require chemical use data reporting in the TRI (S.769) was introduced in the Senate May 20 by Sen. Frank Lautenberg (D-NJ.), who said the legislative effort is designed to stifle legal challenges to EPA's planned use expansion. The Lautenberg bill would require companies to consider options such as recycling and treatment to reduce their use of toxics. Reps. Henry Waxman (DCalif.) and Jim Saxton (R-NJ.) introduced companion legislation (HR1636) in the House May 15. The TRI annual report also showed that 1995 pollution leases decreased by 4 9% from
1.75 billion lb in 1994 to 1.66 billion lb. Reported air emissions were down by 88.8 million lb, or 7%; reported discharges to surface water fell 4.1 million lb, or 10%. Releases to land were down by 17 million lb, or 6%. However, underground injection releases increased by 24.5 million lb, or 19.5%. Browner said the injection well increase was "a concern," noting that potential air, land, or water emissions may have gone underground instead. Methanol, ammonia, toluene, and nitrate compounds were the most widely released chemicals in 1995. —VINCENT LECLAIR
U.S. production-related waste increases Change. 1991-1995 Waste type
Pounds (millions)
Percent
Recycled on-site Recycled off-site Energy recovery on-site Energy recovery off-site Treated on-site Treated off-site Quantity released, disposed of
959 462 -190 34 654 -36 -625
15.4 26.4 -6.4 7.7 15.0 -8.2 -25.4
Total production-related waste
1258
6.8
Source: EPA 1995 Toxics Release Inventory (public release data)
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