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Environmental Protection Agency

<Editor's Note: Our newest blogger, Earthjustice attorney Marianne Engelman-Lados, compiled this report.>

The response to the oil spill in the Gulf has exposed fundamental flaws in the current system for regulating the use of chemical dispersants. Since April 20, when the Deepwater Horizon drilling platform exploded, BP has added nearly two million gallons of dispersants to the waters of the Gulf.

Under the federal Toxics Substances Control Act, chemical manufacturers are required to submit health and safety studies to the EPA. Other federal law requires manufacturers of the oil dispersants being used by BP to submit data on the toxicity and effectiveness of the dispersants.

Earthjustice went to court today representing the Gulf Restoration Network and the Florida Wildlife Federation to get that information.

In 1970, the Clean Air Act first took aim at toxic air emissions from industrial facilities across the United States. Forty years later, it finally hit a major target.

Actually, 28 major targets. The U.S. Environmental Protection Agency today agreed to review and update Clean Air Act rules that rein in emissions of nearly 200 hazardous air pollutants released by 28 kinds of industrial facilities.

<Update 7/6: High seas have disrupted testing of the "A Whale" oil skimmer, the Coast Guard reports.>

<Update 7/1: Speaking of whales, a number of whale sharks have been spotted in the oil spill area, which is particularly bad for them, as they are plankton eaters—meaning they sieve the oil-laden waters. The species is among six described as most threatened by the spill, according to AOL. Other species listed are sea turtles, bluefin tuna, sperm whales, dolphins and brown pelicans.>

A record described as "notorious" in a USA Today headline is being reached today in the Gulf of Mexico as BP's oil spill tops the estimated 140-million-gallon mark. The previous record Gulf spill was 139 million gallons in the 1979 spill off Mexico's coast—but it took a year of gushing to get there. BP's spill has been gushing from its blown-out well since April 20 at up to 2.4 million gallons a day.

Even as that unhappy record is being achieved, the federal government has brought on scene the latest attempt to clean up the oil. A monster skimmer ship—3 1/2 football fields long and 10 stories high and named the "A Whale"—chugged in today, especially equipped to skim as much as 21 million gallons of oiled water per day—if the EPA gives the go ahead. The ship has never been tested.

<Update 7/1: All BP oil spill cleanup and containment efforts are on hold as wind and waves from the former Hurricane Alex push through the oil spill area. Although the storm stayed 600 miles to the west, it still had enough punch to not only stop the cleanup but actually push oil deeper into coastal wetlands and onto beaches.>

When Hilton Kelley of Port Arthur, Texas moved back to his hometown more than a decade ago, he didn't realize that he'd spend the ensuing years battling for clean air. And on a muggy Tuesday afternoon, he drove 90 miles west toward Houston to attend yet another EPA hearing to comment on air pollution rules.

Kelley, 49, lives in an area where there are 20 facilities, small and large, continuously pumping chemicals into the air.

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