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Under Biden, Environmental Justice Advisers See Path for Action Via Infrastructure Investments

Environmental justice has found its way into President-elect Joe Biden’s transition plan as a “key consideration” for policy-making, and advocates are cautiously optimistic. And though a divided Congress is likely, they suspect an infrastructure bill — long promised but never delivered under the Trump administration — is a potential avenue for investing in communities that have borne the brunt of pollution and environmental racism.
These “frontline” communities, whose populations are predominantly Black or other people of color, are those that experience the first and worst consequences of climate change and other environmental problems.
The new administration’s ability to allocate 40 percent of clean energy and infrastructure investment benefits to these communities, as Biden called for in his campaign plan, will likely depend on whether Republicans retain control of the Senate following two Jan. 5 runoff elections in Georgia. Even with the potentially split legislature, however, those who have worked alongside Biden’s campaign or in previous administrations are convinced that the president-elect’s best chance to invest in environmental justice is through targeted infrastructure spending.
Read more…
Photo credit: Drew Angerer/Getty Images

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Black Americans in ‘Cancer Alley’ disproportionately exposed to toxic pollution

In St. James Parish, Louisiana, residents face some of the highest cancer risks in the country due to air pollution from the nearby 85-mile industrial corridor. Taiwanese plastics company Formosa plans to build a 2,400 acre site that could double the toxic emissions in the parish. 
Read more…
Photo credit: NBC News

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Homepage News Archive

The Trump Administration Is Reversing Nearly 100 Environmental Rules. Here’s the Full List.

Over four years in office, the Trump administration has dismantled major climate policies and rolled back many more rules governing clean air, water, wildlife and toxic chemicals.

While other administrations have emphasized cutting regulations, calling them burdensome to industries like coal, oil and gas, the scope of actions under Mr. Trump is “fundamentally different,” said Hana V. Vizcarra, a staff attorney at Harvard Law School’s Environmental and Energy Law Program.

In all, a New York Times analysis, based on research from Harvard Law School, Columbia Law School and other sources, counts more than 70 environmental rules and regulations officially reversed, revoked or otherwise rolled back under Mr. Trump. Another 26 rollbacks are still in progress.

Read more…

Photo credit: The New York Times

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Backyard Talk

Residential Segregation and Disproportionate Exposure to Airborne Carcinogens

Researchers at Washington University in St. Louis published a paper late last year that found carcinogens present in the air of the St. Louis metropolitan area to be highly concentrated in Black and poor neighborhoods. They found that approximately 14% of the census tracks in the city had elevated cancer risk due to exposure to toxic chemicals in the air and that these air toxic hots spots were independently associated with neighborhoods with high levels of poverty and unemployment, and low levels of education. Census tracks with the highest levels of both racial isolation of Blacks and economic isolation of poverty were more likely to be located in air toxic hot spots than those with low combined racial and economic isolation.
This paper is important because the authors used an innovative geospatial approach developed by other researchers to identify spatial patterns of residential segregation in their study area. This approach captures the degree of segregation at the neighborhood level and identifies patterns of isolation of different metrics, which in this study was black isolation and poverty isolation. This approach differs from tradition methods that looked at the percentage of blacks or poverty in a neighborhood.
The authors used these two segregation measures – Black isolation and poverty isolation – to identify neighborhoods segregated by race and income in the St. Louis metropolitan area and evaluated the risks of exposure to carcinogens in the air in these areas. The cancer risk data came from the Environmental Protection Agency’s National Air Toxics Assessment and the census track sociodemographic data came from the American Community Survey. All spatial analyses were conducted using Arc GIS software.
These researchers found that census track levels of poverty, undereducation and unemployment were associated with toxic hot spots, while factors such as per capita income and median household income were inversely associated with toxic hot spots. These findings support other studies that identified disparities in exposures to ambient air emissions of toxic chemicals and that raised questions about whether residential segregation leads to differential exposure to air pollutants.
While the authors discuss a number of possible pathways connecting segregation and health, the relationship between segregation and exposure to air toxics is unclear. They discuss various factors that result in segregation leading to the “cycle of segregation” that includes neighborhoods with low social capital, few community resources and low property values which tends to attract more low income and minority residents and exposures to unhealthy air toxics.
The authors concluded that this study provides strong evidence of the unequal distribution of carcinogenic air toxics in the St Louis metropolitan area and that residential segregation leads to differential exposure to chemicals in the air that cause cancer.

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Homepage News Archive

Fossil Fuel Industry Pollutes Black & Brown Communities While Propping Up Racist Policing

As movements for racial and environmental justice escalate across the US, these struggles – which, as groups like the National Black Environmental Justice Network point out, must be seen as one – have a common foe: the fossil fuel industry. The same companies that drive environmental racism in Black and Brown communities through toxic and climate-changing pollution also fund police power in cities that stretch from Houston and Detroit to New Orleans and Salt Lake City. Read more.
Creative Commons Photos: Shell Gas Station (Mike Mozart); Chase (longislandwins); Chevron (Roo Reynolds); Wells Fargo (Mike Mozart); BlackRock (Thomas Hawk)

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120 Million Plastic Bottles Worth of Microplastics Rain Down on 11 US Protected Areas Per Year

Recent discoveries have found that large amounts of microplastics are coming down from the sky with rain. Researchers in the Western US were able to estimate the amount of microplastics in rainfall and found that approximately 120 million plastic bottles worth of microplastics in rain is pouring down on 11 protected areas in the US every year. Although the health detriments involved with inhaling or consuming microplastics is relatively unknown, the human impacts are likely highly detrimental. Plastics degrade into smaller and smaller pieces over time and release chemicals, making it likely that they will have consequential human and ecological impacts. Studies have already shown that some marine organisms, such as hermit crabs, have had large behavioral changes due to increasing microplastic exposure in the ocean. Read More
Photo from Getty Images

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The Complete List of the Trump Administration’s Environmental Rollbacks

Over the course of the last three years, the Trump administration has rolled back or is in the progress of rolling back nearly a 100 of the country’s top environmental policies. The administration has worked to weaken and revoke many of the Obama-era regulations that were enacted to protect our environment and health. A majority of the rollbacks were aimed at reducing burden for the oil, gas and coal industries, while in effect, potentially increasing greenhouse gas emissions and creating poorer air quality. Read More.

After three years in office, the Trump administration has dismantled most of the major climate and environmental policies the president promised to undo.

Calling the rules unnecessary and burdensome to the fossil fuel industry and other businesses, his administration has weakened Obama-era limits on planet-warming carbon dioxide emissions from power plants and from cars and trucks, and rolled back many more rules governing clean air, water and toxic chemicals. Several major reversals have been finalized in recent weeks as the country has struggled to contain the spread of the new coronavirus.

In all, a New York Times analysis, based on research from Harvard Law SchoolColumbia Law School and other sources, counts more than 60 environmental rules and regulations officially reversed, revoked or otherwise rolled back under Mr. Trump. An additional 34 rollbacks are still in progress.

With elections looming, the administration has sought to wrap up some of its biggest regulatory priorities quickly, said Hana V. Vizcarra, a staff attorney at Harvard Law School’s Environmental and Energy Law Program. Further delays could leave the new rules vulnerable to reversal under the Congressional Review Act if Democrats are able to retake Congress and the White House in November, she said.

The bulk of the rollbacks identified by the Times have been carried out by the Environmental Protection Agency, which repealed and replaced the Obama-era emissions rules for power plants and vehicles; weakened protections for more than half the nation’s wetlands; and withdrew the legal justification for restricting mercury emissions from power plants.

At the same time, the Interior Department has worked to open up more land for oil and gas leasing by cutting back protected areas and limiting wildlife protections.

“Over the past three years, we have fulfilled President Trump’s promises to provide certainty for states, tribes, and local governments,” a spokeswoman for the E.P.A. said in a statement to The Times, adding that the agency was “delivering on President Trump’s commitment to return the agency to its core mission: Providing cleaner air, water and land to the American people.”

But environmental and legal groups said the rollbacks have not served that mission. Ms. Vizcarra, who has tracked environmental rollbacks for Harvard since 2018, said the agency under Mr. Trump has often limited its own power to regulate environmental harm, especially when it comes to climate change.

Many of the rollbacks have faced legal challenges by states, environmental groups and others, and some could remain mired in court beyond November, regardless of the outcome of the election.

Hillary Aidun, who tracks deregulation at Columbia University’s Sabin Center for Climate Change Law, said many of the rollbacks had not been adequately justified, leaving them vulnerable to legal challenge.

The New York Times analysis identified 10 rules that were initially reversed or suspended but later reinstated, often following lawsuits and other challenges. Other rollbacks were rebuffed by the courts but later revised by the administration and remain in effect.

All told, the Trump administration’s environmental rollbacks could significantly increase greenhouse gas emissions and lead to thousands of extra deaths from poor air quality each year, according to energy and legal analysts.

Below, we have summarized each rule that has been targeted for reversal over the past three years.

Are there rollbacks we missed? Email climateteam@nytimes.com or tweet @nytclimate.

Air pollution and emissions

Completed

1. Weakened Obama-era fuel economy and greenhouse gas standards for passenger cars and light trucks.
E.P.A. and Transportation Department | Read more »
2. Revoked California’s power to set stricter tailpipe emissions standards than the federal government.
E.P.A. | Read more »
3. Withdrew the legal justification for an Obama-era rule that limited mercury emissions from coal power plants.
E.P.A. | Read more »
4. Replaced the Obama-era Clean Power Plan, which would have set strict limits on carbon emissions from coal- and gas-fired power plants, with a new version that would let states set their own rules.
Executive Order; E.P.A. | Read more »
5. Canceled a requirement for oil and gas companies to report methane emissions.
E.P.A. | Read more »
6. Revised and partially repealed an Obama-era rule limiting methane emissions on public lands, including intentional venting and flaring from drilling operations.
Interior Department | Read more »
7. Loosened a Clinton-era rule designed to limit toxic emissions from major industrial polluters.
E.P.A. | Read more »
8. Revised a program designed to safeguard communities from increases in pollution from new power plants to make it easier for facilities to avoid emissions regulations.
E.P.A. | Read more »
9. Amended rules that govern how refineries monitor pollution in surrounding communities.
E.P.A. | Read more »
10. Weakened an Obama-era rule meant to reduce air pollution in national parks and wilderness areas.
E.P.A. | Read more »
11. Weakened oversight of some state plans for reducing air pollution in national parks.
E.P.A. | Read more »
12. Relaxed air pollution regulations for a handful of plants that burn waste coal for electricity.
E.P.A. | Read more »
13. Repealed rules meant to reduce leaking and venting of powerful greenhouse gases known as hydrofluorocarbons from large refrigeration and air conditioning systems.
E.P.A. | Read more »
14. Directed agencies to stop using an Obama-era calculation of the social cost of carbon that rulemakers used to estimate the long-term economic benefits of reducing carbon dioxide emissions.
Executive Order | Read more »
15. Withdrew guidance directing federal agencies to include greenhouse gas emissions in environmental reviews. But several district courts have ruled that emissions must be included in such reviews.
Executive Order; Council on Environmental Quality | Read more »
16. Revoked an Obama executive order that set a goal of cutting the federal government’s greenhouse gas emissions by 40 percent over 10 years.
Executive Order | Read more »
17. Repealed a requirement that state and regional authorities track tailpipe emissions from vehicles on federal highways.
Transportation Department | Read more »
18. Lifted a summertime ban on the use of E15, a gasoline blend made of 15 percent ethanol. (Burning gasoline with a higher concentration of ethanol in hot conditions increases smog.)
E.P.A. | Read more »
19. Changed rules to allow states and the E.P.A. to take longer to develop and approve plans aimed at cutting methane emissions from existing landfills.
E.P.A. | Read more »

In progress

20. Submitted notice of intent to withdraw the United States from the Paris climate agreement. (The process of withdrawing cannot be completed until November 2020.)
Executive Order | Read more »
21. Proposed relaxing Obama-era requirements that companies monitor and repair methane leaks at oil and gas facilities.
E.P.A. | Read more »
22. Proposed eliminating Obama-era restrictions that, in effect, required newly built coal power plants to capture carbon dioxide emissions.
E.P.A. | Read more »
23. Proposed revisions to standards for carbon dioxide emissions from new, modified and reconstructed power plants.
Executive Order; E.P.A. | Read more »
24. Began a review of emissions rules for power plant start-ups, shutdowns and malfunctions. One outcome of that review: In February 2020, E.P.A. reversed a requirement that Texas follow emissions rules during certain malfunction events.
E.P.A. | Read more »
25. Opened for comment a proposal limiting the ability of individuals and communities to challenge E.P.A.-issued pollution permits before a panel of agency judges.
E.P.A. | Read more »
26. Delayed issuing a rule limiting greenhouse gas emissions from aircraft. (The E.P.A. acknowledged it is legally required to issue the rule, but has not done so yet. The delay is being challenged by environmental groups.)
E.P.A. | Read more »
27. Proposed limiting pesticide application buffer zones that are intended to protect farmworkers and bystanders from accidental exposure.
E.P.A. | Read more »

Drilling and extraction

Completed

28. Made significant cuts to the borders of two national monuments in Utah and recommended border and resource-management changes to several more.
Presidential Proclamation; Interior Department | Read more »
29. Lifted ban on drilling in the Arctic National Wildlife Refuge.
Congress; Interior Department | Read more »
30. Rescinded water pollution regulations for fracking on federal and Indian lands.
Interior Department | Read more »
31. Scrapped a proposed rule that required mines to prove they could pay to clean up future pollution.
E.P.A. | Read more »
32. Withdrew a requirement that Gulf oil rig owners prove they can cover the costs of removing rigs once they stop producing.
Interior Department | Read more »
33. Approved construction of the Dakota Access pipeline less than a mile from the Standing Rock Sioux Reservation after the Army Corps of Engineers had said it would explore alternative routes. (A court has since ruled the agency must investigate how the pipeline is impacting the environment and local tribes, but it can continue to operate in the meantime.)
Executive Order; Army | Read more »
34. Changed how the Federal Energy Regulatory Commission considers the indirect effects of greenhouse gas emissions in environmental reviews of pipelines.
Federal Energy Regulatory Commission | Read more »
35. Revoked an Obama-era executive order designed to preserve ocean, coastal and Great Lakes waters in favor of a policy focused on energy production and economic growth.
Executive Order | Read more »
36. Permitted the use of seismic air guns for gas and oil exploration in the Atlantic Ocean. The practice, which can kill marine life and disrupt fisheries, was blocked under the Obama administration.
National Oceanic and Atmospheric Administration | Read more »
37. Loosened offshore drilling safety regulations implemented by the Obama after following the 2010 Deepwater Horizon explosion and oil spill, including reduced testing requirements for blowout prevention systems.
Interior Department | Read more »
38. Lifted an Obama-era freeze on new coal leases on public lands. In April 2019, a judge ruled that the Interior Department could not begin selling new leases without completing an environmental review. In February, the agency published an assessment that concluded restarting federal coal leasing would have little environmental impact.
Executive Order; Interior Department | Read more »

In progress

39. Proposed opening most of America’s coastal waters to offshore oil and gas drilling but delayed the plan after a federal judge ruled that Mr. Trump’s reversal of an Obama-era ban on drilling in the Atlantic and Arctic Oceans was unlawful.
Interior Department | Read more »
40. Repealed an Obama-era rule governing royalties for oil, gas and coal leases on federal lands, which replaced a 1980s rule that critics said allowed companies to underpay the federal government. A federal judge struck down the Trump administration’s repeal. The Interior Department is reviewing the decision.
Interior Department | Read more »
41. Proposed revising regulations on offshore oil and gas exploration by floating vessels in the Arctic that were developed after a 2013 accident. The Interior Department previously said it was “considering full rescission or revision of this rule.”
Executive Order; Interior Department | Read more »
42. Proposed “streamlining” the approval process for drilling for oil and gas in national forests.
Agriculture Department; Interior Department | Read more »
43. Recommended shrinking three marine protected areas or opening them to commercial fishing.
Executive Order; National Oceanic and Atmospheric Administration | Read more »
44. Proposed opening more land in the Alaska National Petroleum Reserve for oil drilling. The Obama administration had designated about half of the reserve as a conservation area.
Interior Department | Read more »
45. Proposed lifting a Clinton-era policy that banned logging and road construction in Tongass National Forest, Alaska.
Interior Department | Read more »
46. Approved the Keystone XL pipeline rejected by President Barack Obama, but a federal judge blocked the project from going forward without an adequate environmental review process. Mr. Trump later attempted to sidestep the ruling by issuing a presidential permit. Initial construction has started, but the project remains tied up in court.
Executive Order; State Department | Read more »

Infrastructure and planning

Completed

47. Revoked Obama-era flood standards for federal infrastructure projects that required the government to account for sea level rise and other climate change effects.
Executive Order | Read more »
48. Relaxed the environmental review process for federal infrastructure projects.
Executive Order | Read more »
49. Revoked a directive for federal agencies to minimize impacts on water, wildlife, land and other natural resources when approving development projects.
Executive Order | Read more »
50. Revoked an Obama executive order promoting climate resilience in the northern Bering Sea region of Alaska, which withdrew local waters from oil and gas leasing and established a tribal advisory council to consult on local environmental issues.
Executive Order | Read more »
51. Reversed an update to the Bureau of Land Management’s public land-use planning process.
Congress | Read more »
52. Withdrew an Obama-era order to consider climate change in the management of natural resources in national parks.
National Park Service | Read more »
53. Restricted most Interior Department environmental studies to one year in length and a maximum of 150 pages, citing a need to reduce paperwork.
Interior Department | Read more »
54. Withdrew a number of Obama-era Interior Department climate change and conservation policies that the agency said could “burden the development or utilization of domestically produced energy resources.”
Interior Department | Read more »
55. Eliminated the use of an Obama-era planning system designed to minimize harm from oil and gas activity on sensitive landscapes, such as national parks.
Interior Department | Read more »
56. Withdrew Obama-era policies designed to maintain or, ideally, improve natural resources affected by federal projects.
Interior Department | Read more »

In progress

57. Proposed plans to speed up the environmental review process for Forest Service projects.
Agriculture Department | Read more »

Animals

Completed

58. Changed the way the Endangered Species Act is applied, making it more difficult to protect wildlife from long-term threats posed by climate change.
Interior Department | Read more »
59. Relaxed environmental protections for salmon and smelt in California’s Central Valley in order to free up water for farmers.
Executive Order; Interior Department | Read more »
60. Overturned a ban on the use of lead ammunition and fishing tackle on federal lands.
Interior Department | Read more »
61. Overturned a ban on the hunting of predators in Alaskan wildlife refuges.
Congress | Read more »
62. Amended fishing regulations to loosen restrictions on the harvest of a number of species.
National Oceanic and Atmospheric Administration | Read more »
63. Proposed revising limits on the number of endangered marine mammals and sea turtles that can be unintentionally killed or injured with sword-fishing nets on the West Coast. (The Obama-era rules were initially withdrawn by the National Oceanic and Atmospheric Administration, but were later finalized following a court order. The agency has said it plans to revise the limits.)
National Oceanic and Atmospheric Administration | Read more »
64. Loosened fishing restrictions intended to reduce bycatch of Atlantic Bluefin Tuna.
National Oceanic and Atmospheric Administration | Read more »
65. Rolled back a roughly 40-year-old interpretation of a policy aimed at protecting migratory birds, potentially running afoul of treaties with Canada and Mexico.
Interior Department | Read more »
66. Overturned a ban on using parts of migratory birds in handicrafts made by Alaskan Natives.
Interior Department | Read more »

In progress

67. Opened nine million acres of Western land to oil and gas drilling by weakening habitat protections for the sage grouse, an imperiled bird. An Idaho District Court injunction temporarily blocked the measure.
Interior Department | Read more »
68. Proposed ending an Obama-era rule that barred using bait to lure and kill grizzly bears, among other sport hunting practices that many people consider extreme, on some public lands in Alaska.
National Park Service; Interior Department | Read more »

Toxic substances and safety

Completed

69. Rejected a proposed ban on chlorpyrifos, a pesticide linked to developmental disabilities in children. (Several states have banned its use and the main manufacturer of the pesticide in 2020 stopped producing the product because of shrinking demand.)
E.P.A. | Read more »
70. Narrowed the scope of a 2016 law mandating safety assessments for potentially toxic chemicals like dry-cleaning solvents. The E.P.A. said it would focus on direct exposure and exclude indirect exposure such as from air or water contamination. In November 2019, a court of appeals ruled the agency must widen its scope to consider full exposure risks.
E.P.A. | Read more »
71. Reversed an Obama-era rule that required braking system upgrades for “high hazard” trains hauling flammable liquids like oil and ethanol.
Transportation Department | Read more »
72. Removed copper filter cake, an electronics manufacturing byproduct comprised of heavy metals, from the “hazardous waste” list.
E.P.A. | Read more »
73. Ended an Occupational Safety and Health Administration program to reduce risks of workers developing the lung disease silicosis. In February released guidance to include silica in OSHA’s National Emphasis Program, a worker safety program.
Labor Department | Read more »
74. Rolled back most of the requirements of a 2017 rule aimed at improving safety at sites that use hazardous chemicals that was instituted after a chemical plant exploded in Texas.
E.P.A. | Read more »

In progress

75. Proposed changing safety rules to allow for rail transport of the highly flammable liquefied natural gas.
Transportation Department | Read more »
76. Announced a review of an Obama-era rule lowering coal dust limits in mines. The head of the Mine Safety and Health Administration said there were no immediate plans to change the dust limit but has extended a public comment period until 2022.
Labor Department | Read more »

Water pollution

Completed

77. Scaled back pollution protections for certain tributaries and wetlands that were regulated under the Clean Water Act by the Obama administration.
E.P.A.; Army | Read more »
78. Revoked a rule that prevented coal companies from dumping mining debris into local streams.
Congress | Read more »
79. Withdrew a proposed rule aimed at reducing pollutants, including air pollution, at sewage treatment plants.
E.P.A. | Read more »
80. Withdrew a proposed rule requiring groundwater protections for certain uranium mines. Recently, the administration’s Nuclear Fuel Working Group proposed opening up 1,500 acres outside the Grand Canyon to nuclear production.
E.P.A. | Read more »

In progress

81. Attempted to weaken federal rules regulating the disposal and storage of coal ash waste from power plants, but a court determined the rules were already insufficient. Proposed a new rule to allow coal ash impoundments of a type previously deemed unsafe a pathway to proving safety.
E.P.A.
82. Proposed a rule exempting certain types of power plants from parts of an E.P.A. rule limiting toxic discharge from power plants into public waterways.
E.P.A. | Read more »
83. Proposed weakenning a portion of the Clean Water Act to make it easier for the E.P.A. to issue permits for federal projects over state objections if the projects don’t meet local water quality standards, including for pipelines and other fossil fuel facilities.
Executive Order; E.P.A. | Read more »
84. Proposed extending the lifespan of unlined coal ash holding areas, which can spill their contents because they lack a protective underlay.
E.P.A. | Read more »
85. Proposed a regulation limiting the scope of an Obama-era rule under which companies had to prove that large deposits of recycled coal ash would not harm the environment.
E.P.A. | Read more »
86. Proposed a new rule allowing the federal government to issue permits for coal ash waste in Indian Country and some states without review if the disposal site is in compliance with federal regulations.
E.P.A. | Read more »
87. Proposed doubling the time allowed to remove lead pipes from water systems with high levels of lead.
E.P.A. | Read more »

Other

Completed

88. Repealed an Obama-era regulation that would have nearly doubled the number of light bulbs subject to energy-efficiency standards starting in January 2020. The Energy Department also blocked the next phase of efficiency standards for general-purpose bulbs already subject to regulation.
Energy Department | Read more »
89. Changed a 25-year-old policy to allow coastal replenishment projects to use sand from protected ecosystems.
Interior Department | Read more »
90. Limited funding of environmental and community development projects through corporate settlements of federal lawsuits.
Justice Department | Read more »
91. Stopped payments to the Green Climate Fund, a United Nations program to help poorer countries reduce carbon emissions.
Executive Order | Read more »
92. Reversed restrictions on the sale of plastic water bottles in national parks desgined to cut down on litter, despite a Park Service report that the effort worked.
Interior Department | Read more »

In progress

93. Proposed a sweeping overhaul of the National Environmental Policy Act that would limit the scope of environmental concerns federal agencies need to take into account when constructing public infrastructure projects, such as roads, pipelines and telecommunications networks.
Council on Environmental Quality | Read more »
94. Proposed limiting the studies used by the E.P.A. for rulemaking to only those that make data publicly available. (Scientists widely criticized the proposal, saying it would effectively block the agency from considering landmark research that relies on confidential health data.)
E.P.A. | Read more »
95. Proposed changes to the way cost-benefit analyses are conducted under the Clean Air Act, Clean Water Act and other environmental statutes.
E.P.A. | Read more »
96. Proposed withdrawing efficiency standards for residential furnaces and commercial water heaters designed to reduce energy use.
Energy Department | Read more »
97. Created a product category that would allow some dishwashers to be exempt from energy efficiency standards.
Energy Department | Read more »
98. Initially withdrew, and then delayed, a proposed rule that would inform car owners about fuel-efficient replacement tires. (The Transportation Department has scheduled a new rulemaking notice for 2020.)
Transportation Department | Read more »

These rules were initially reversed by the Trump administration but were later reinstated, often following lawsuits and other challenges.

1. Stopped enforcing a 2015 rule that prohibited the use of hydrofluorocarbons, powerful greenhouse gases, in air-conditioners and refrigerators. A court later restored the prohibition.
E.P.A. | Read more
2. Sought to repeal emissions standards for “glider” trucks — vehicles retrofitted with older, often dirtier engines — but reversed course after Andrew Wheeler took over as head of the E.P.A.
E.P.A. | Read more
3. Sought to lift restrictions on mining in Bristol Bay, Alaska, but later suspended the effort. (A court ruled the E.P.A. could withdraw a 2014 determination that the project was a too great a threat to the Bay’s salmon. The federal permit for the mine is pending with the U.S. Army Corps of Engineers.)
E.P.A.; Army | Read more
4. Delayed a compliance deadline for new national ozone pollution standards by one year, but later reversed course.
E.P.A. | Read more
5. Delayed implementation of a rule regulating the certification and training of pesticide applicators, but a judge ruled that the E.P.A. had done so illegally and declared the rule still in effect.
E.P.A. | Read more
6. Initially delayed publishing efficiency standards for household appliances, but later published them after multiple states and environmental groups sued.
Energy Department | Read more
7. Removed the Yellowstone grizzly bear from the Endangered Species List, but the protections were later reinstated by a federal judge. (The Trump administration appealed the ruling in May 2019.)
Interior Department | Read more
8. Reissued a rule limiting the discharge of mercury by dental offices into municipal sewers after a lawsuit by the Natural Resources Defense Council, an advocacy group.
E.P.A. | Read more
9. Delayed federal building efficiency standards until Sept. 30, 2017, at which time the rules went into effect.
Energy Department | Read more
10. Ordered a review of water efficiency standards in bathroom fixtures, including toilets. E.P.A. determined existing standards were sufficient.
E.P.A. | Read more
Categories
Backyard Talk

Shelter In Place Can Be Very Different Depending on Where You Live

The Center for Health, Environment & Justice team and I send our compassion, support and affection to those whose health and livelihoods may be affected by COVID-19. This is a worldwide crisis on a scale we have not seen in our lifetimes. We are thinking of you, your family, friends and neighbors.
As you know our team has always been about families, communities and people and at all times working on issues from the grassroots to the White House not the other way around. For the first time, the entire country now has a better understanding of the horrors of “sheltering in place.”  Hundreds of our member’s communities, maybe you live in one, have been told to shelter in place because of an explosion from a pipeline, refinery, chemical plant and other releases.
I feel safe in my home, even though I’m in the high risk age range. I am also grateful that I have a place to stay with food, water and clean air, until the public health crisis is over. I can work from home, hold virtual meetings, talk with my friends through the phone, Facebook or e-mail. As terrifying as this virus is I still feel safe, maybe I shouldn’t.
Unfortunately, safe is not how so many of communities CHEJ works with feel, when asked to shelter in place because of an environmental release or explosion. There are a number of reason for their fears.
–No one told them something was going to happen and they should seek safe shelter, stock up on food, water and toilet paper.
–There wasn’t days of news castors telling folks what scientists think the real dangers are, what health symptoms people should look out for or the speed of the poison touching communities as it moves across the world.
–No federal or state health agency was working around the clock to ensure everyone exposed would receive critical health care if needed, regardless of whether they’re insured.
I invite you to read or reread the article we reprinted on our web from the New York Times authored by Ana Parras a local activist in TX.
 
In Texas and across the country, the E.P.A.’s gutting of the Chemical Disaster Rule is a matter of life or death.
While families across the country celebrated Thanksgiving with their loved ones, more than 50,000 people in Port Neches, Tex., were forced to evacuate from their homes and spend the holiday in makeshift shelters. The reason? Two explosions at the Texas Petroleum Chemical plant sent flames into the sky, injured eight people, and released plumes of butadiene, a carcinogen, into the air.
The disaster erupted six days after the Trump administration gutted Obama-era regulations meant to improve safety at 12,000 chemical plants around the country.
It’s too soon to say whether these now abandoned rules would have made a difference in Port Neches. But there is no question that the communities that surround these thousands of plants are less safe now.
This regulatory rollback gives chemical plants across the country a free pass, in pursuit of greater profits, to operate in a way that endangers families and workers.
There are over 2,500 chemical facilities in the Houston area. Manchester, the neighborhood where Texas Environmental Justice Advocacy Services works, is among those most affected by this negligence. There are 30 chemical plants and waste sites in the Manchester area that report to the Environmental Protection Agency. When an explosion happens, nearby neighborhoods, mostly Latinx and people of color, are exposed to this toxicity.
And these toxic blasts are not infrequent. The last chemical explosion in Houston to garner national attention was in March at the Intercontinental Terminals Co., a few miles east of Manchester. This explosion led to high benzene levels in the air, school closures and community shelter-in-place orders for days: stay where you are, turn off air conditioning. Some advisories told people to put a plastic tarp over their windows, sealed with duct tape, to prevent air from coming in.
Federal regulations were supposed to protect us. For years, organizations like United Steelworkers, Greenpeace and dozens of other community and environmental organizations pressured the E.P.A. to make chemical disaster prevention a priority.
The turning point happened in 2013 when an explosion at a fertilizer plant in West, Tex., 200 miles northwest of Houston, killed 15 people and injured over 260.
Later that year, President Barack Obama signed an executive order calling on federal agencies to create a task force. What emerged was the Chemical Disaster Rule, a proposal to improve plant safety and protect surrounding communities, which the former E.P.A. administrator Gina McCarthy approved one month before President Trump took office.
Two months later, the Trump administration blocked the regulations from taking effect, and now the E.P.A. has released a final rule that eviscerates the Obama-era requirements. The agency rescinded major accident prevention provisions, including requirements to consider safer technology, audits of accidents by outside parties and “root cause” analyses of accidents.
While Texas has the largest number of chemical facilities in the country, Illinois, California, Iowa and Louisiana are riddled with them, too. As The Houston Chronicle has documented, no state is spared from having at least one facility that could have toxic or flammable chemical accidents with consequences that extend beyond the site.
The E.P.A. calls these communities — areas that could be affected by a release from a chemical accident — “vulnerable zones.” One in three children in America attends a school in a vulnerable zone. This means that over 19 million children are at risk of exposure to the harmful chemicals that these plants use, store and can emit when they produce plastics, pesticides, adhesives and other products.
Our neighborhoods in Houston are a case in point. The oil and gas facilities and chemical plants along the 52-mile Houston Ship Channel have turned the air in Harris County into a public health hazard, significantly increasing the likelihood of residents’ developing cancer and respiratory problems — and shortening the lives of children. Children living near the Houston Ship Channel are 56 percent more likely to develop leukemia than those who live more than 10 miles away.
To me this issue is personal. Yes, explosions from chemical facilities can be deadly. But the long-term impact of exposure to toxic chemicals also kills. In 2016, I was found to have hypersensitivity pneumonitis, a rare autoimmune system disorder that arises from breathing in dust or toxins repeatedly. The doctors blamed indoor air, but I am convinced that exposure to chemicals in Houston led to my condition. In this town, there’s little distinction between the air indoors and what’s outside.
When traveling — I am now at the U.N. Climate talks in Madrid — I bring a portable oxygen machine in case I need it. I am unable to walk long distances, and I move slowly because of my shortness of breath. Public speaking is difficult, as is any exertion. My life expectancy is not long (10 years, one doctor told me). I hope it is more.
In my family, lung diseases are the norm. My diagnosis came the same year that my father, Gregorio V. García, died of lung cancer at 79. He worked in the Asarco Refinery in Corpus Christi, Tex., and was a member of United Steelworkers for 30 years. Workers in these refineries are the first exposed to toxic substances. Many, like him, have died of cancer.
Plants like the nearby Valero facility emit a slew of poisonous chemicals like benzene and hydrogen cyanide into our neighborhoods. Far too often, they fail to meet Clean Air Act requirements.
During Hurricane Harvey in August 2017, I felt what it was like to breathe in a concentrated amount of toxic air. On the day of the worst flooding, my husband and I drove his pickup truck into Manchester to document what was happening at the Valero refinery. We saw water running from Valero into Hartman Park, where children gather to play baseball and soccer, and down the streets we knew well. As we drove, we had to cover our nose and mouth with our hands. My lips turned numb. The odor was so strong that it made me nauseated.
Three days later we found out that we had driven into one of the largest benzene spills. Benzene is clear, colorless and flammable. To date, this spill has not been adequately addressed by the Texas Commission on Environmental Quality.
In Houston, we struggle to get chemical facilities to follow the law. We ask our state to protect us from chemicals that no one should breathe. Now the federal government is ending safeguards that the E.P.A. only a few years ago said the industry needed to protect the lives of workers, emergency medical workers and communities like mine.
My life should not be a pawn for leveraging industry profits. Nor should those of my neighbors and their children. Families and workers in these neighborhoods deserve to be safe.
As disasters continue to happen, we — those most affected, those who breathe and live and play in toxicity — condemn the E.P.A.’s decision to repeal the Chemical Disaster Rule. We are denied basic health protections simply because the industry does not want to invest in our safety.
Families and workers across the country should not have to pay the ultimate cost of this administration’s refusal to do its job: our lives.
Ana Parras is a co-executive director of Texas Environmental Justice Advocacy Services (@tejasbarrios).
 

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