Very quietly, EPA proposed a change to existing law that would allow facilities across the country to store, transport and burn hazardous waste without environmental and public health safeguards currently in place. The move -- one pushed for by industry -- would likely increas emissions of toxic pollution in over 80 communitis across the country where these facilities are currently operating.

Earthjustice attorneys commented on the proposal, and filed a Freedom of Information Act request to obtain more details about the locationis, size, and amounts of hazardous waste EPA estimated would be burned under this new rule. According to EPA documents, 86 facilities would burn approximately 100,000 tons of additional hazardous waste without any safeguards for emisisons and storage. As if they were waving their regulatory wand, EPA magically redefined this hazardous waste as "fuel," allowing the burning of this material. Unfortunately, nearly 90 percent of the facilities that will now be able to burn this waste without any oversight are already or have been under corrective action for violating existing laws in the past regarding their handling of this material. It's as if EPA is rewarding speedsters with brand new Maseratis.

Twenty five members of Congress have taken note, sending EPA a strongly worded letter to reopen the rule for more public comment, and asking the agency to report to the communities likley affected by this rule change how they will be facing more pollution and less protection. EPA has not yet respnonded to the request, and the so-called "comparable fuels" rule, however, is still pending.