Listening Session on Existing EPA Rules and Regulations

March 11, 2011

9:00 am-11:00 am

PAD notes

Tracey Bell, National Grid

-Involved in Superfund, Gowanus Canal and Newtown Creek

Would like to see:

1.) Collaboration between EPA and Army Corps of Engineers to deal with duplicate regulations. 

-Problems in the past have arisen when the Army Corps learns of cleanup action plans too late and 

everything has to be re-adjusted to meet their regulations.

2.) Coordination between media programs

-Has been an issue in the past, requests that coordination is visible to the regulated party.

Eric DeGesero, Fuel Merchants Association of NJ

-distributes heating oil, gasoline

Asking for:

1.) EPA to define “widespread use” so states can repeal their Stage 2 Vapor Recovery Rules as allowed 

for under the Clean Air Act

This will lead to a reduction of compliance costs and elimination of onerous, nitpicking penalties 

2.) With regard to the use of ethanol in gasoline and the E15 issue (decision to allow 15% ethanol in 

gasoline), his organization is neutral, but is concerned with distribution system compatibility issues. He 

believes that EPA focuses too much on the engine and not enough on the distribution system. He 

believes that DOE is looking into this.

Joel Kupferman, New York Environmental Law & Justice Project

-attorney

Would like:

1.) MORE DATA

2.) EPA to increase test requirements /certification

3.) Affordable testing

-concerned that cost/benefit analyses mean the public loses 

4.) Quicker enforcement

-EPA to intervene on enforcement

5.) EPA to step in to give assistance to state and city agencies

6.) Increase information sharing: more accessible, faster

7.) More live-reporting of information

8.) Codify regulations; EPA should have less discretion

9.) Create clearer benchmarks

10.) Regulations to include more baselines (based on health studies)

11.) EPA to archive samples so they can be retrieved at a later date for follow-up
12.) More Municipal oversight by EPA

13.) More cooperation with other agencies, specifically OSHA

14.) More reporting on public health testing

15.) Consideration of disabled in EJ communities

16.) EPA to require stronger environmental impact statements

17.) EPA to have stronger whistleblower protection

Linda Cox, Bronx River Alliance

1.) Counting on the Clean Water Act

-In order for State Agencies to solve the Environmental Issues we face, we must have the underpinning 

of the Clean Water Act.

2.) Indicated that State Agencies rely on Federal Agencies

Mike Seilback, American Lung Association

1.) We have made great progress with respect to air quality, but now is not the time to loosen 

regulations.

2.) Asking that the following overdue regulations be implemented: ozone NAAQS reevaluation; power 

plant mercury air toxics rule and Transport Rule; particulate matter NAAQS.

-EPA must follow the science to set standards, no reason to delay implementation

Tim Dillingham, Littoral Society 

1.) Concerned that there must be National performance standards– BPJ (Best Professional Judgment)

state decisions vary too much.

2.) Reconsideration of overuse of Cost Benefit Analysis in EPA decision-making

-I.e. Value of fish population varies from an ecological to economic standpoint – very difficult to 

monetize.

3.) Asks that EPA deal with non-point source pollution issues

4.) EPA must create regulations for watershed retreat zones

5.) EPA needs regulations to protect against sea-level rise, climate change

6.) Disagrees with CWA 316(b) rules – once thru cooling for power plants.

Chris Len, NY/NJ Baykeeper

Staff Attorney

Asking for:

1.) More regulation

-All regulations are made to look unnecessary by industry representatives, i.e., Regulations weakened –

deep water horizon

-If EPA loosens regulations, what is left?

-“Regulations are supposed to be burdensome”

2.) EPA CSO permits must meet water quality standards

3.) EPA to look at original purpose of Law, if purpose has not been achieved you cannot get rid of the 

regulation
-Clean Waters Act was meant to ensure clean waters by 1985.

Ed Bakos, NJ DEP

- Had concerns with specific provisions of EPA’s auto body refinishing model rule. Specifically, he does 

not want to allow refills of the 3 oz. cups used in the process. He referenced Section 6H.

Christina Montorio, Coalition for Healthy Ports

Her comments and those of the next speaker, Cynthia Mellon, concerned a strategy being implemented 

under an EPA DERA grant at the New York - New Jersey Port. This program provides loans to 

independent truckers to purchase trucks newer than Model Year 1994. It is supposed to ban the older 

trucks from entering the port.

1.) She questions the efficacy of diesel truck program2.) She states that information and data on tracking 

and reporting truck replacement and use are unavailable

3.) She states that the ban on older trucks is not being enforced

4.) She wants EPA to encourage accountability

Cynthia Mellon, Ironbound Community Corporation

See previous comments

Mav Moorhead, Co-Founder of NY H2O

-Against Hydro-fracking

1.) Promotes the idea that hydraulic fracturing should be halted

-Deception, basic disregard for human well-being (gas companies)

-Need full disclosure of chemicals