Home Services Site Investigation Remedial System Design and Implementation Due Diligence services Geotechnical Engineering Services Environmental Compliance Litigation Support and Expert Testimony Water Supply Services Environmental and Human Risk Characterization Newletter Recruitment About Us Office Locations Links

GeoInsighter Summer 2000 Newsletter
Volume 5 Number 2

A Peek at the Environmental Legislation Agenda

Return to the Newsletter Index

As is widely known by now, New Hampshire Senator Bob Smith recently assumed chairmanship of the U.S. Senate Environment and Public Works (EPW) Committee. Senator Smith has taken immediate steps to prepare himself and the EPW Committee for a full environmental agenda. This activity has included active participation by the Senator and EPW staff in a series of public meetings with local and regional environmental organizations and stakeholders to establish two-way communication regarding environmental priorities. Senator Smith and EPW staff have also attended a number of briefings on specific environmental projects in the New England region as an expression of interest in and support for these projects.

In a number of the recent meetings, Senator Smith has made it clear that his fundamental objective in environmental legislation will be to emphasize voluntary, flexible, and comprehensive approaches and methods. Among specific issues that he had discussed, the Senator indicated that Superfund reform efforts were likely to focus on initiatives to foster solutions based upon current, sound science and innovative approaches, such as in situ bioremediation. It appears that efforts to remove the retroactive liability provisions of the existing Superfund statute will be de-emphasized, at least for this year. Senator Smith also indicated that he will try to separate Brownfields legislation and regulation from Superfund in the interest of fostering more efficient resolution of Brownfields projects.

With regard to surface water and ground water issues, Senator Smith indicated that there is not likely to be legislative activity regarding wetlands in general in the next year, although funding for restoration of the Everglades is a particular priority for the Senator. He expects to explore alternative approaches to the issue of non-point source pollution, particularly revising the current approach involving regulation of total maximum daily load (TMDL). Regulation of combined sewer overflows (CSOs) was expected to be on the floor and may be amended to include sanitary sewer overflows (SSOs), as well. The recent concerns raised regarding the use of methyl-t-butyl ether (MTBE) in gasoline will also be a focus of EPW's attention. Senator Smith expects to pursue either an outright ban on the use of MTBE as an additive in gasoline or a measure that will allow governors of individual states to waive requirements for its use.

The Senator is planning to propose an alternative approach to achieving clean air objectives from the current system of requiring extensive retrofitting of existing equipment and systems. His concept at this point is to establish a long-term (10- to 15-year time frame) goal for emissions and to allow the market to effect the transition to more efficient, cleaner equipment. For example, during the 10- to 15-year interim period, power plants that were out of compliance would continue to operate as long as cleaner, more efficient plants were being brought on-line, resulting in overall decreases in emissions moving in the direction of the target emissions level. This approach will allow the operation of the less efficient plants to provide the financial resources for the transition to the more efficient systems over time.

John A. Gilbert, P.E.
jagilbert@geoinc.com

Return to the Newsletter Index