A Tough New Chemical Law

  • Lena Perenius and Franco Bisegna are with CEFIC, the European Chemical Industry Council in Brussels, Belgium. (Photo by Liam Moriarty)

There are tens of thousands of
chemical compounds on the market
these days. And, for the most part,
unless regulators can prove a chemical
is harmful, it stays there. Now, Europe
has turned that way of doing things
on its head, and the US is showing
signs of moving in that direction, too.
Liam Moriarty has this report:

Transcript

There are tens of thousands of
chemical compounds on the market
these days. And, for the most part,
unless regulators can prove a chemical
is harmful, it stays there. Now, Europe
has turned that way of doing things
on its head, and the US is showing
signs of moving in that direction, too.
Liam Moriarty has this report:

(sounds of a street)

Brussels, Belgium is sort of like the Washington, DC of Europe. It’s here – in the seat of the European Union – that the 27 nations that make up the EU hash out their common policies.

I’m sitting in the office of Bjorn Hansen. He keeps an eye on chemicals for the European Commission’s Directorate General for the Environment. To give me an idea of how ubiquitous chemicals are in our everyday lives, Hansen points around his office.

“Just us sitting here, you are probably exposed to chemicals, which come from the office furniture, which have been used to color the textile, which has been used to create the foam, the glue under the carpet that we’re sitting – you name it, you’re exposed.”

The big question is whether all this exposure is harming our health or the environment. The answer?

“We, by far, do not know what chemicals are out there, what the effects of those chemicals are, and what the risks associated with those chemicals.”

In the European Union, that uncertainty led to a new law known by its acronym, REACH. That’s R-E-A-C-H. REACH requires that tens of thousands of chemicals used in everyday products in the EU be studied and registered. If a substance cannot be safely used, manufacturers will have to find a substitute, or stop using it. REACH has, at its core, a radical shift: it’s no longer up to the government to prove a chemical is unsafe.

“The burden of proof is on industry to demonstrate safety. And by demonstrating the safety that they think, they also take liability and responsibility for that safety.”

Even for industries accustomed to tougher European regulations, REACH was alarming.

“There were very, quite violent opposition in the beginning.”

Lena Perenius is with CEFIC, the European Chemical Industry Council.

“In the EU, we already had a very comprehensive set of regulations for ensuring safe use of chemicals. And the industry saw that this was putting an unreasonable burden on the companies.”

Corporations may not have liked it, but the measure had strong public support. After several contentious rounds of negotiations, Perenius says the industry feels it got key concessions that’ll make the far-reaching law workable. Now, she says, the industry has come to see the up-side of REACH.

“Now, when we have the responsibility, that gives us a little bit of freedom to demonstrate, in the way we believe is appropriate, how a substance can be used safely.”

Here in the US, there are signs of political momentum building around taking a more REACH-like approach to regulating the chemicals in everyday products. New Jersey Senator Frank Lautenberg recently said he’d introduce a bill that would shift the burden of proof for safety onto chemical manufacturers.

“Instead of waiting for a chemical to hurt somebody, it will require companies to prove their products are safe before they end up in the store, in our homes, and in our being.”

Environmental Protection Agency chief Lisa Jackson recently told a Senate committee that – out of an estimated 80,000 chemicals in use – existing law has allowed the EPA to ban only 5, and to study just 200.

“Though many of these chemicals likely pose little or no risk, the story is clear – we’ve only been able to effectively regulate a handful of chemicals, and we know very little about the rest.”

More than a dozen states from Maine to California have already moved to toughen safety standards for chemicals. Even the American Chemistry Council has agreed to support more vigorous regulations to assure consumers that the chemicals in the products they use are safe.

As always, the devil is in the details. But the coming reform is shaping up to look a lot like what Europe is already putting in place.

For The Environment Report, I’m Liam Moriarty.

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New Nukes Stalled

  • One nuclear reactor was delayed because government regulators said they can't say whether the current design can withstand earthquakes and other disasters. (Photo courtesy of the National Renewable Energy Laboratory)

The power industry wants to create
loads of low-carbon electricity. To
make that happen, they want to build
more than two dozen nuclear reactors.
Shawn Allee reports there could be
delays for at least half of those:

Transcript

The power industry wants to create
loads of low-carbon electricity. To
make that happen, they want to build
more than two dozen nuclear reactors.
Shawn Allee reports there could be
delays for at least half of those:

Westinghouse’s AP-1000 reactor was supposed to revive the nuclear industry. But recently, government regulators said they can’t say whether the current design can withstand earthquakes and other disasters.

Critics of nuclear power are pouncing on the news.

Henry Sokolski is with the Nonproliferation Policy Center. He says one government agency’s set to approve loan guarantees to build these reactors.

“If you do that, there won’t be much discipline in the industry to not screw up, there’ll be less.”

Westinghouse says it will provide the government with tests to prove its reactor is safe.

It’s not clear whether the government will delay final approval of the design.

For The Environment Report, I’m Shawn Allee.

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A Look Into Coal Country

  • The filmmakers want more Americans to understand that when we flick on a light switch – it is not a meaningless act. It takes electricity. And that takes coal. (Photo courtesy of Coal Country)

When the Senate picks up debate
on the climate change bill, it
will be – in part – deciding the
future of coal as an energy source
in the U.S. About half the nation’s
electricity currently comes from
coal. And a lot of it comes from
the Appalachian region. A new
documentary film sets out to show
how mining for coal affects the people
who live in Coal Country. Julie Grant
spoke with the film’s producers:

Transcript

When the Senate picks up debate
on the climate change bill, it
will be – in part – deciding the
future of coal as an energy source
in the U.S. About half the nation’s
electricity currently comes from
coal. And a lot of it comes from
the Appalachian region. A new
documentary film sets out to show
how mining for coal affects the people
who live in Coal Country. Julie Grant
spoke with the film’s producers:

Mari-Lynn Evans and Phylis Geller set out to make the movie Coal Country
because they wanted to show how different people are affected by coal
mining.

They found lots of activists, and regular citizens, who would talk with
them. Plenty of people were willing to show the thick black water in their
toilet tanks. They wanted to show the black soot covering their cars.
They wanted to talk about the health problems they live with. And they all
blamed the coal industry.

Evans also wrote to coal supporters – to get their side of the story on
camera. The answer?

“No. That was their response. I sent out requests to the coal industry,
to coal companies and to suppliers of the coal industry.”

Evans brother is a coal miner. He supports mountain top removal.

(sound of explosions)

As we see in the movie, that’s when coal companies blow off the entire
top of a mountain to get to the coal. Many people consider it the most
polluting and environmentally devastating type of mining.

But Evans says not even her own brother would do an interview about it.

“And when I said, ‘why won’t you talk on camera? You feel so
passionately that coal is wonderful and mountaintop removal is actually for
the environment as well as the economy.’ And his response to me always
was, ‘oh I would never speak on camera without getting permission from
the company I work for.’”

The filmmakers heard that a lot. And no coal miners ever did get
permission to talk on camera.

In the movie, we do hear from Don Blankenship, head of Massey Energy. He
spoke at a public hearing about the need to ease environmental restrictions
on coal mining.

“We had nearly 800 employees up ‘til Friday. We had to lay 8 off. I
think that might be just the tip of the iceberg if we don’t our rules
changed how we mine in the state.”

Anti-coal activists at the public hearing explain how the coal companies
use that kind of intimidation to control miners.

“I think people are scared that they will lose their jobs and be flipping
burgers. You look out and that’s all you see. You see mining and
flipping burgers. And, I argue, that the coal companies want it that way.
They want that to be the only option. That’s the only way they could get
support for how they treat their workers and how they treat this land.
This would never happen in a place that wasn’t poor. Never.”

In the movie, some coal miners stand up at the public meeting to defend the
companies they work for. One explains the coal industry has provided him a
good salary.

Miner One: “For the last 14 years, the coal industry has supported myself
and my wife and my 3 children.”

Miner Two: “When the last one of you so-called environmentalists leave
the state, when the rest of us leave for North Carolina, turn out the
lights. Oh, wait a minute, there won’t be no lights. No coal, no
lights.”

(music)

The filmmakers want more Americans to understand that when we flick on a
light switch – it is not a meaningless act. It takes electricity. And
that takes coal.

And, as anti-coal activist Judy Bonds says in the movie, coal is tearing
apart West Virginia.

“It is a civil war; it’s families against families. It’s brother
against brother.”

Or – in the case of filmmaker Mari Lynn-Evans – brother against
sister.

For The Environment Report, I’m Julie Grant.

Related Links

Is Your Playground Toxic?

  • Some parents and health professionals are standing by crumb rubber, because it does such a good job of preventing broken bones. (Photo by Ben Adler)

Playgrounds are supposed to be
safe places for kids to play.
But Tamara Keith
has the story of a leaked memo
from the Environmental Protection
Agency that indicates there might
be a problem with crumb rubber:

Transcript

Playgrounds are supposed to be
safe places for kids to play.
But Tamara Keith
has the story of a leaked memo
from the Environmental Protection
Agency that indicates there might
be a problem with crumb rubber:

(sound of kids playing)

Shawn Clancy’s two sons are having fun running around a community play set. And if they fall, he says there’s plenty of crumb rubber. It’s made from recycled tires and it should stop them from breaking any bones.

“I’ve seen kids fall from far distances. I’ve seen the give. I’ve seen them get right back up and kids are playing with it. It’s fun to dig in. They can kind of play with it. It’s about 8 inches thick, so there’s quite a bit of it.”

Clancy and his neighbors like the fact that it lasts a long time and that it keeps old tires out of landfills. And they’re not the only ones.

(outdoor sound)

I’m outside of the White House right now, just on the other side of the fence. And somewhere on those grounds, probably behind some tall shrubs, there is a play set. It’s a new play set that Sasha and Malia, the first family got. And underneath that play set is a pretty thick layer of rubber crumb to protect the girls if they fall.

I don’t think anyone is suggesting that this exposure is good for kids. The only question is how bad could it be.

Jeff Ruch heads Public Employees for Environmental Responsibility. His group got its hands on some documents where scientists at the Environmental Protection Agency question whether there’s stuff in the crumb rubber that could be toxic to kids.

“What’s known is very very little. They list, I think it’s 30 toxic chemicals in one of the memos. And so far work has only been done on two of them.”

An EPA spokesman says the agency is doing a preliminary study of 4 playgrounds, looking for lead and volatile organic compounds. The results aren’t in yet.

The Rubber Manufacturers Association says there are more than a hundred studies showing scrap tires are safe in playgrounds and that environmental groups are over hyping the concerns.

Richard Wiles isn’t buying it. He’s senior vice president of the Environmental Working Group. And he feels like he’s seen this movie before – with arsenic treated wooden playground equipment.

“It was a really bad idea to use arsenic in this way and for about 20 years this is what we did.”

And kids all across the country were playing on this contaminated wood. But the thing is, initially arsenic treated wood seemed like a great idea, because it prevented decay – and made play structures safe and strong for years.

Parents might be left with the feeling that you just can’t win. Wiles thinks there’s another lesson.

“The basic problem is, we tend to use these products before we evaluate the health and safety concerns. We tend to just throw it out there without thinking that oh this is a surface that is made out of something that was previously considered hazardous waste.”

With all the alarm about very real arsenic problems, and yet to be verified concerns with crumb rubber, Donna Thompson says it’s easy to forget that playgrounds today are safer than they’ve ever been. She’s executive direction of the National Program for Playground Safety. For now she’s standing by crumb rubber, because it does such a good job of preventing broken bones.

“I’m not going to worry about it yet until I hear what the results are because I think sometimes we make too big a deal out of something and then it’s just not the case.”

The EPA says it will have results in a few weeks.

For The Environment Report, I’m Tamara Keith.

Related Links

Investigating the Organic Label

  • Some organic watchdog groups say the National Organics Program has been too loose with its rules. (Photo courtesy of the National Cancer Institute)

Congress wants to dig deeper into an ongoing investigation of the National Organics Program. The program puts the little green “USDA Organic” label on products. Mark Brush has more:

Transcript

Congress wants to dig deeper into an ongoing investigation of the National Organics Program. The program puts the little green “USDA Organic” label on products. Mark Brush has more:

Congress passed a bill that will put more money toward investigating the USDA’s organic program.

Some organic watchdog groups say the National Organics Program has been too loose with its rules.

Mark Kastel is with the Cornucopia Institute. He’s one of those critics.

“They have been accused by reputable independent auditors of having ignored the will of Congress in how they are managing the organic program – favoring large factory farms – favoring unscrutinized products being imported from China – all this competing with our family farmers here in the United States.”

Kastel says that’s not the way it’s supposed to work.

But he says the USDA organic label is still the gold standard. And most producers follow the law.

He and some leaders in Congress say an expanded review of the program will make sure that little green label keeps its credibility.

For The Environment Report, I’m Mark Brush.

Related Links

Interview: A Former CIA Director Talks Oil

  • James Woolsey was the Director of the CIA from 1993 to 1995 (Photo courtesy of James Woolsey)

The current recession has caused the price of oil to drop – most think temporarily. James Woolsey was the Director of the Central Intelligence Agency – the CIA – during the Clinton Administration. The Environment Report’s Lester Graham recently talked with him. Woolsey has been arguing that, no matter what the price, dependence on oil is a national security problem that we need to solve:

Transcript

The current recession has caused the price of oil to drop – most think temporarily. James Woolsey was the Director of the Central Intelligence Agency, the CIA, during the Clinton Administration. The Environment Report’s Lester Graham recently talked with him. Woolsey has been arguing that no matter what the price, dependence on oil is a national security problem that we need to solve:

James Woolsey: Well, I think moving away from oil dependence, period, is extremely important for our security, and it’s important because of climate change. We are funding both sides of the War on Terror. Oil, when it comes into a hierocracy or into a dictatorship, tends to enhance the power of the state. Tom Friedman summed that up very well in his chapter of his new book ‘Hot, Flat, and Crowded,’ the chapter is called ‘Fill’er Up With Dictators,’ and it’s a pretty accurate statement. We’ve also run the risk of oil cutoffs, of terrorist attacks in the Middle East, oil is just a very big national security problem for us, and it has a 97% monopoly on transportation. So, we’ve got to break that monopoly.

Lester Graham: It seems the only time you can get the general public’s attention on this issue is during periods of gas price spikes. What do you think it will take to get a sustained effort at the personal level to become more energy independent?

Woolsey: Most major automobile companies are coming out with plug-in hybrids here before long. Plug-in hybrids let you drive all electric for 30 or 40 or 50 miles before you then become just a regular hybrid using some liquid fuel. Three-quarters of the days, the average American car goes less than 40 miles. You’re driving on the functional equivalent of 50 to 75 cents a gallon when you’re driving on electricity. And that, I think, is going to get people’s attention and provide a real economic incentive to move toward plug-in hybrids – if the up-front cost of the battery is taken care of, by a tax credit, or by leasing the battery instead of buying it, or by some other financial arrangement. So people can then see they can drive on a lot less than the cost of driving on gasoline, whether it’s driving on $3 a gallon or $4 a gallon.


Graham: Now, you’ve stated your concern on climate change, global warming on several occasions, you consider yourself fairly conservative politically, I’m wondering what you make of the controversy and the debate that you recently heard in the House and what we’re likely to hear in the Senate.

Woolsey: Well, I’m kind of liberal on domestic things, and kind of conservative on defense and foreign policy things – which, to me, is a perfectly reasonable balance, but some people don’t see it that way. I think part, and possibly a very important part, of warming and climate change is likely to be being produced, most climatologists would say, by the fact that we’re pumping so much carbon dioxide into the atmosphere and trapping heat, that creates a problem. We still need to get the job done of stopping, as much as we can, something that could make the world a very, very unpleasant place – in terms of the height of sea levels and other things – for our grandchildren and great-grandchildren.

Graham: I read an article in The Futurist Magazine from the World Future Society which explained you’re doing a lot in your personal life to become more energy independent – what’s worked for you?

Woolsey: Well, we have photovoltaic cells on the roof of our farmhouse, and lead-acid gel batteries in the basement, and a plug-in hybrid. It’s a little expensive, but you can do a lot these days to make it possible to operate your home, at least the key functions of it, even if the electric grid goes down because of an accident or some kind of hacking attack or something. And you can be, at least, partially independent. It’s not ideal, it’s not perfect, it’s going to get better, it’s going to get cheaper, but you can get started now, if you want to.

Graham: James Woolsey is a former CIA Director, and is now a partner at Vantage Point, a venture capital firm. Thanks for your time.

Woolsey: Thank you.

Related Links

Whose Grass Is Really Greener?

  • Molly Aubuchon and Stefan Meyer survey their lawn. (Photo by Julie Grant)

Many Americans love full, lush
lawns. Fertilizers and herbicides
might help. But there’s concern
about water pollution from lawn
chemicals. Julie Grant reports
that some experts say you can use
them, just don’t over-use them:

Transcript

Many Americans love full, lush
lawns. Fertilizers and herbicides
might help. But there’s concern
about water pollution from lawn
chemicals. Julie Grant reports
that some experts say you can use
them, just don’t over-use them:

Molly Aubuchon and her husband Stefan Meyer aren’t sure
what they’re going to do. Their two little kids are running
around the yard. Stefan wants a lawn of thick, soft grass for
them to play on. But that’s not what he’s got.

Stefan: “As you can see, there’s no grass here.
I don’t know what some of this stuff is. Some kind of moss.
I think even the moss died, so now we have dead moss
that’s like yellow and brown.”

Molly: “It’s not attractive dead.”

Stefan: “No. I just think, when I’m out here cutting my grass,
I’m like, man, if I lived across the street, I’d be like, ‘hey look,
they’re cutting absolutely nothing again. They’re just running
that lawn mower over bare spots.’”

They see their neighbors, with those thick, green lawns,
spreading chemicals a few times a year. Molly and Stefan
don’t want to do that.

Molly: “Well, the fact that I’ve got kids running around here
all day. And the fact that it seeps into the water supply and
the rivers, that’s a concern to me.”

There are lots of people who are concerned about lawn
pollution. Lawns have gotten a bad wrap in some places –
because of the fertilizers and other chemicals people use on
them. In much of Canada, lawn chemicals have actually
been banned.

Lou DiGeranimo is General Manager of Water in Toronto.
He says lawn chemicals were damaging the water quality.

“People were over-fertilizing, they were using commercial
pesticides. That chemical ended up in the rivers and ended
up in the lake. We passed a bylaw that prohibited that.”

But some experts say the chemical bans in Canada are
extreme.

David Gardner is professor of turf grass at the Ohio State
University. He doesn’t think banning lawn chemical will do
anything to improve the environment.

“Based on the work that I have seen, based on the research
that has been conducted, I believe that if there is a unilateral
ban on the use of pesticides it will make absolutely no
impact on our environmental footprint.”

Gardner says compared to
other sources of pollution, like cars and over-use of
chemicals on farms, the impact of lawn care is miniscule.

Still, Gardner says people like Molly and Stefan can keep
nice lawns – without using a lot of chemicals.

He says you’ve got to cut the grass and water regularly.
He also recommends fertilizing lightly in the spring and more
heavily in the fall.

That’s what Gardner does at his house – and he uses only 6
to 8 ounces of herbicide a year.

“Putting it another way, if I were to go to a store and buy one
of those gallon jugs of ready-made herbicide, that would be
enough to last me for about 16 years.”

Gardner says the herbicide will hit its expiration date before
he has a chance to use it all.

But Molly and Stefan just aren’t sold. They don’t want to use
lawn chemicals just to appease the neighbors.

Stefan: “I just want to feel good about the way my yard
looks for my own satisfaction. I would like to cultivate some
grass that looks good, you know, with my hands.”

Besides, Stefan says, they don’t have the worst looking lawn
on the street and they’d just rather not add unnecessary
chemicals into the environment.

Stefan: “We don’t have the worst lawn on the street. Our
street is not that long. It’s only four blocks, five blocks long –
there’s a house down there and their yard looks worse than
ours.”

For The Environment Report, I’m Julie Grant.

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Salmonella Vaccine Coming Soon?

  • While a salmonella vaccine is in the works, researchers don't think it's suited for countries like the United States (Photo courtesy of the Centers for Disease Control)

Researchers are working on a new vaccine to prevent salmonella poisoning. But, Julie Grant reports, the researchers say it probably won’t help us when we’re faced with salmonella tainted tomatoes or alfalfa sprouts:

Transcript

Researchers are working on a new vaccine to prevent salmonella poisoning. But, Julie Grant reports, the researchers say it probably won’t help us when we’re faced with salmonella tainted tomatoes or alfalfa sprouts:

Salmonella poisoning affects about 20-million people worldwide each year and causes 200,000 deaths. A vaccine might sound like a good idea.

Arthur Thompson has been working on one at the Institute of Food Research in England. His group has found that salmonella relies on glucose for its survival. So they’re designing a vaccine to use that against the bacteria.

But Thompson thinks a salmonella vaccine should not be used to solve a problem that industrialized nations can already prevent.

“I don’t think it would be appropriate really, for something like this. I mean, I think in this case, it’s more a case of preventing the contamination in the first place, really.”

Thompson says the vaccine is better suited for people in developing nations where salmonella causes still causes typhoid fever.

For The Environment Report, I’m Julie Grant.

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Using Your Phone to Pick Products

  • Good Guide allows you to look up products while you're in the store and see how they're rated in terms of safety, environmental impact, and social concerns (Photo courtesy of Good Guide)

Companies that make things like cosmetics, household cleaners, and toys are not required to list every ingredient that’s in their products. Now, some shoppers are dialing up that information on their cell phones. Mark Brush has more:

Transcript

Companies that make things like cosmetics, household cleaners, and toys are not required to list every ingredient that’s in their products. Now, some shoppers are dialing up that information on their cell phones. Mark Brush has more:

There’s a new app for the iPhone that can give you information about products. It’s called Good Guide.

And you basically take a picture of a barcode – on say a bottle of shampoo – and then Good Guide gives you a score.

The guide can rate products on their environmental footprint – how socially responsible the company is – or how safe it is.

Other phones can access the same information using text messages.

Dara O’Rourke is the founder of Good Guide. He says he started the company after he discovered a sunscreen that he put on his daughter contained a potential carcinogen.

“And that really initially, actually kind of upset me, that this product that I’m bringing into my house and putting on my young daughter has chemicals that have been banned in Europe, banned in Australia, banned in many industrialized countries, but still are in products on our store shelves.”

O’Rourke says if consumers are interested, they can access the research and the life-cycle studies behind each product’s overall score.

For The Environment Report, I’m Mark Brush.

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Keeping Chemicals a Secret

  • Drilling for natural gas includes pumping water and chemicals at high pressure into the ground to force out pockets of gas (Photo courtesy of Argonne National Laboratories)

The federal law that protects drinking water allows companies drilling for natural gas to inject chemicals into the ground. The exemption for gas drilling operations also allows the companies to keep the chemicals they use a secret. Conrad Wilson reports environmentalists want the exemption removed:

Transcript

The federal law that protects drinking water allows companies drilling for natural gas to inject chemicals into the ground. The exemption for gas drilling operations also allows the companies to keep the chemicals they use a secret. Conrad Wilson reports environmentalists want the exemption removed:

For decades, drilling for natural gas includes pumping water and chemicals at high pressure into the ground to force out pockets of gas.

Environmental groups believe the chemicals are contaminating wells and aquifers here in the western U.S. Now gas drilling is moving east to places closer to cities such as Philadelphia and New York.

Several Democratic Members of Congress have introduced legislation to repeal the exemption in the Safe Drinking Water Act.

Randy Udall is a co-founder of the Association for the Study of Peak Oil-USA, an environmental group. He says as more gas is found, people in the East can expect more drilling.

“For better or worse, whether you like it or not, as time goes on, were going to be drilling in places where people are living.”

The oil and natural gas industry says the chemicals they force into the ground are “trade secrets.” They say the process is safe.

For The Environment Report, I’m Conrad Wilson.

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