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 Year Brings New Monitoring

  • The US Environmental Protection Agency's greenhouse gas monitoring program will cost businesses about $115 million total this year. (Photo courtesy of the US EPA)

The government wants a better
sense of where America’s greenhouse
gas emissions are coming from,
so starting today -January 1, 2010,
more than ten-thousand businesses
will have to report them. Shawn
Allee explains:

Transcript

The government wants a better
sense of where America’s greenhouse
gas emissions are coming from,
so starting today -January 1, 2010,
more than ten-thousand businesses
will have to report them. Shawn
Allee explains:

Oil refineries that fuel our cars now have to report greenhouse gas emissions to the federal government. So do kilns that make cement for homes and businesses. Same thing for landfills that take our garbage.

Ed Repa is with the National Solid Waste Management Association – a trade group.

“The gas itself that’s being generated at the landfill is basically 50% methane, which is what natural gas is, and fifty percent CO2. Those gases are produced by organic materials for the landfill. That’s either paper or grass, or yard waste.”

The US Environmental Protection Agency’s greenhouse gas monitoring program will cost businesses about 115 million dollars total this year.

Most businesses can handle the new costs, but some small businesses with big emissions could be hit harder.

For The Environment Report, I’m Shawn Allee.

Related Links

Who’s Monitoring Pollution?

  • The famous photo of the Cuyahoga River fire that appeared in Time Magazine. The photo is not of the 1969 blaze, but rather of another fire on the river in 1952. (Photo courtesy of NOAA)

Federal and state governments have cut
back on monitoring some big sources of
pollution, and small sources are rarely
monitored. Lester Graham reports it’s a
problem that’s even tougher when state
budgets are cut:

Transcript

Federal and state governments have cut
back on monitoring some big sources of
pollution, and small sources are rarely
monitored. Lester Graham reports it’s a
problem that’s even tougher when state
budgets are cut:

Industry does not pollute like it did in the 1960s or 70s. Today, regulators monitor most of those big factories.

Tom Lyon is the Director of the Erb Institute for Global Sustainable Enterprise at the University of Michigan.

“Big smokestack industries we have a fairly good eye on, but there are a lot of areas that we still don’t have a good handle on.”

Like small businesses which collectively can release a lot of toxins, and farms that use pesticides and fertilizers on millions acres.

Jennifer Sass is a Scientist with the Natural Resources Defense Council. She says, under the Bush Administration, pollution monitoring of big industry was cut back. Sass says that monitoring needs to be restored and expanded to smaller sources.

“If we quit our monitoring programs, then we don’t really know. It’s a lot like putting our head in the sand.”

But many state agencies say they don’t have the resources to keep track of all those sources of pollution.

For The Environment Report, I’m Lester Graham.

Related Links

Seniors Find Niche in Environmental Work

  • In the forefront, Evelyn Kolojejchick, Ivan Pettit, and John Lundquist help to improve water quality as part of the Environmental Alliance for Senior Involvement. (Photo by John Kolojejchick)

Environmental work isn’t just for young professionals anymore. Retired engineers, former biology teachers, and others with time on their hands are working on environmental problems as volunteers. The Great Lakes Radio Consortium’s Jennifer Szweda Jordan reports on how senior citizens are keeping environmentally active:

Transcript

Environmental work isn’t just for young professionals anymore.
Retired engineers, former biology teachers, and others with time on their hands are working on

environmental problems as volunteers. The Great Lakes Radio Consortium’s Jennifer Szweda Jordan

reports on how senior citizens are keeping environmentally active:


(Sound of bird)


75-year-old Ivan Pettit is officially retired from his job as an environmental regulator, but he

hasn’t stopped monitoring streams, promoting recycling, and solving a nagging safety issue in his

state.


(Sound of walking)


On a sunny day in Oil Creek State Park in northeast Pennsylvania, he drops a stone down a corroded

pipe.


“Okay, go.”


(Sound of rattling, splash)


Pettit is estimating the depth of this remnant of an old oil well. It’s one of thousands of

abandoned oil wells in this region. The wells date as far back as 1859. Pettit and a team of senior

volunteers regularly hunt for old wells. The seniors’ work improves water quality and safety for

hikers and hunters, and Pettit says it helps keeps him fit.


“It is work that I have always enjoyed doing as well as getting you outdoors and being able to

observe the things that’s going on around you, that is not a sedentary task whatsoever.”


Pettit belongs to the national Environmental Alliance for Senior Involvement. The group claims

members as young as fifty-five. Pennsylvania has the third highest number of residents older than

sixty among U.S. states. Its active Senior Environmental Corps is touted as a national model, and

has been honored by the United Nations Environmental Program.


But senior groups across the nation are working on environmental problems. In Cape Cod, they

monitor West Nile virus. Seniors clean hazardous waste sites in Indiana. Michigan volunteers

install solar water heaters on poor peoples’ homes.


It’s a fast growing program. In 1993, 26 older adults made up the Senior Environment Corps. A

decade later, over 100 thousand were involved in work across the country.


Ivan Pettit’s work looking for old oil wells is the kind of effort that makes a real difference.

Besides being a hazard for hikers and hunters, some of the old wells seep oil into the ground and

it gets into streams.


In less than two years, the seniors have found almost two hundred wells. Environmental Alliance for

Senior Involvement president Tom Benjamin compares that to two college interns who worked full-time

one summer, and found fewer than fifty.


“Most of these individuals that were volunteers know that community and know the area. They grew up

there, they hunted those woods, they know what a oil well looks like, so they have some instant

recognition.”


(Sound of forest)


Every other week, from spring to fall, the well hunters line up horizontally, twenty feet apart,

and comb a section of forest. Some well holes are several feet across and twenty feet deep. Others

have narrow openings, but drop as deep as a thousand feet. Evelyn Kolojejchick and her husband John

lead Ivan Pettit and other volunteers in seeking out the wells and marking coordinates.


“Ok, longitude is?”


“Seventy-Nine.”


For both Evelyn and John Kolojejchick, well-hunting and other environmental projects are an

extension of teaching high school science for thirty years. Evelyn once aimed to spark interest in

many young minds. Now she feels she’s working on a smaller scale, but hopes to remain effective.


“I belong to Audubon, used to belong to a lot of other environmental organizations and it just

seemed like you needed… you needed to do something that was going to make a difference. I never

had any money to donate to all of these causes and you just you know, you want to do something that

an individual can do.”


Recently, the seniors saw results of well-hunting. They found sensitive species in a stream that

had once been polluted. Several oil wells nearby had been sealed with cement to keep acid mine

drainage out of the water.


“The first year we tested it for aquatic life, there was almost nothing there. And yesterday when

we were there, we had better diversity in that stream than we have in some of our streams that we

test all along that we know don’t have those kinds of problems. So they have made a significant

difference on that stream by plugging those wells. It’s remarkable.”


And it’s the kind of reward that these senior citizen volunteers had hoped for: making a difference

in their part of the world.


For the GLRC, I’m Jennifer Szweda Jordan.

Related Links

Jump in Great Lakes Beach Closings

  • A new report says health-related beach closings have increased. (Photo courtesy of the EPA)

A new report says the number of beach closings in the U.S. increased last year compared to 2003. The report says the number of closings in the Great Lakes region jumped more than 60 percent. The Great Lakes Radio Consortium’s Michael Leland has more:

Transcript

A new report says the number of beach closings in the U.S.
increased last year compared to 2003. The report says the number of
closings in the Great Lakes region jumped more than sixty percent.
The Great Lakes Radio Consortium’s Michael Leland has more:


The report by the Natural Resources Defense Council says the number of
closing or health advisory days last year was higher than ever in the
group’s fifteen years of record-keeping.


Throughout the region, there were about three thousand closing or health advisory days in 2004. They say that’s due in part to states monitoring more beaches more often, but also due to
increased sewage and stormwater runoff. Mike Shriberg heads the Michigan environmental group PIRGIM.


“Under the Clean Water Act, we should not be discharging raw or
partialy-treated sewage or, in fact, any polluted water into the U.S. What’s
happening now is we’re having a third-world solution to our sewage problems,
by allowing much raw or partially-treated sewage to flow freely into our
waters.”


The NRDC is calling for tougher enforcement of state and federal clean
water standards, and full federal funding of proposals to modernize sewage
systems along the Great Lakes and other waterways.


For the GLRC, I’m Michael Leland.

Related Links

New Drinking Water Rules Proposed

Federal plans to reduce exposure to lead and copper in drinking water could mean more monitoring of public water supplies. The Great Lakes Radio Consortium’s Chuck Quirmbach reports:

Transcript

Federal plans to reduce exposure to lead and copper in drinking water could mean more
monitoring of water from public water supplies. The Great Lakes Radio Consortium’s Chuck
Quirmbach reports:


The U.S. EPA says a lead contamination problem in the District of Columbia will prompt several
changes to federal rules on lead and copper in the nation’s drinking water supply. David Denig-
Chakroff is on a committee of the American Water Works Association that looks at lead
contamination. He says one of the biggest changes might be more monitoring of water when
local suppliers change water sources or the treatment process.


“They really need to go back and make sure that’s not changing the corrosivity of the water and
potentially increasing lead or copper corrosion.”


More corrosion from the pipes can lead to more lead and copper coming out of the tap. Lead can
build up in the brain, kidneys and red blood cells. The greatest risk is to young children and
pregnant women. The EPA says its formal proposals for updating the lead and copper rule will
be ready next year.


For the GLRC, I’m Chuck Quirmbach.

Related Links

Teflon Chemical Lawsuit Finalized

The makers of Teflon could have to pay out more than 440-million dollars as the result of a recently settled water contamination lawsuit. The Great Lakes Radio Consortium’s Fred Kight has the story:

Transcript

The makers of Teflon could have to pay out more than 440 million dollars as the result of a
recently settled water contamination lawsuit. The Great Lakes Radio Consortium’s Fred Kight
has the story:


The DuPont company was sued in a class action lawsuit filed on behalf of 80-thousand residents
whose drinking water contains trace amounts of a chemical known as C8. The chemical is used
to make Teflon… and manufactured at a plant near Parkersburg, West Virginia.


DuPont officials say C8 does not pose any health risk but Joe Kiger isn’t so sure. Kiger was the
lead plaintiff in the case. He says the most important part of the settlement is an independent
medical study that will be done to determine if C8 can make people sick…


“I’m concerned about my health as well as my familiy’s health, my wife’s and the people in the
community because this is a major thing.”


DuPont will have to pay 107 million dollars for the study, new treatment equipment for local
water utilities and legal fees and expenses for the residents who sued. It could have to pay
another 235 million for environmental clean up and health monitoring if C8 is found to be toxic.


For the GLRC, I’m Fred Kight.

Related Links

New Agreement With Large Animal Farms

  • The EPA has a new agreement with animal farmers who participate in a study of air quality and its relation to animal waste, which is often kept in lagoons like the one above. However, environmentalists worry about the agreement and what it may entail. (Photo courtesy of the Natural Resources Conservation Service)

Environmentalists don’t like a new agreement between the U.S. Environmental Protection Agency and the livestock industry. It will give some livestock farms limited immunity from environmental laws while the EPA measures pollution on their farms. The Great Lakes Radio Consortium’s Tamara Keith reports:

Transcript

Environmentalists don’t like a new agreement between the U.S. Environmental
Protection Agency and the livestock industry. It will give some livestock
farms limited immunity from environmental laws while the EPA measures
pollution on their farms. The Great Lakes Radio Consortium’s Tamara Keith reports:


Animals at so called “factory farms” produce a lot of manure. As it
decomposes it lets off a cocktail of gasses, which can contribute to smog,
and health problems, such as asthma. But, federal regulators say they don’t
have an accurate way of estimating emissions from these farms.


Under a new EPA agreement, some livestock operations will work with federal
regulators to monitor emissions. The farms allow air quality monitoring, and
in exchange, the EPA will agree not to sue them for environmental violations
during the 2 year program. That’s where the problem arises, says Andrew
Hanson, with Midwest Environmental Advocates.


“The way government is supposed to work is that it’s supposed to
protect you from air pollution, not enter into deals that allow facilities
to continue to pollute without threat of enforcement.”


The Environmental Protection Agency will accept public comment on the
agreement, until March 2nd.


For the Great Lakes Radio Consortium, I’m Tamara Keith.

Related Links

Group Says Trendy Seafood Being Overharvested

  • Believe it or not, this is the hot new trend in seafood. The Patagonian Toothfish was given a more marketable name: Chilean Sea Bass. (Photo courtesy of National Environmental Trust)

A popular fish at restaurants has become too popular. According to one environmental group, Chilean Sea Bass is being illegally overharvested. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

A popular fish at restaurants has become too popular. According to one environmental
group, Chilean Sea Bass is being illegally overharvested. The Great Lakes Radio
Consortium’s Lester Graham reports:


Chilean Sea Bass has been the fish of choice for many chefs’ signature dishes. That has
driven up prices for the fish. Andrea Cavanaugh is with the environmental group the National
Environmental Trust. She says the group has found evidence that illegal Chilean Sea Bass is
ending up on your plate.


“Pirate boats that are out on the high seas flaunt the guidelines, [do] not listen to quotas,
they can take fish where they’re not supposed to take fish and nobody is out there monitoring
what’s going on on individual vessels.”


Cavanaugh says besides needing tighter international and national guidelines on fishing, the best
way to deal with the problem is to get people to stop ordering Chilean Sea Bass.


“There’s such a wide range of fish to choose from for American consumers that there should
be a healthy balance out there.”


Cavanaugh says the Chilean Sea Bass is only the latest species to be overharvested to meet a
hot trend in food.


For the Great Lakes Radio Consortium, this is Lester Graham.

Related Links

Epa Report: Mercury Contamination Widespread

More and more Americans are being warned that the local fish they eat could be contaminated with mercury and other toxins, according to a new report by the U.S. Environmental Protection Agency. The Great Lakes Radio Consortium’s Sarah Hulett reports:

Transcript

More and more Americans are being warned that the local fish they eat could be
contaminated with mercury and other toxins, according to a new report by the U.S.
Environmental Protection Agency. The Great Lakes Radio Consortium’s Sarah Hulett
reports:


The EPA report reflects the number of state-issued fish consumption advisories. And
according to those advisories, more than a third of the nation’s lakes, and close to a
quarter of its rivers contain fish that could be contaminated. In addition to that, 100
percent of the Great Lakes and its connecting waterways are covered by fish consumption
advisories.


EPA officials say the increased warnings reflect better monitoring by states, and not
increased emissions.


But environmental groups are using the data to attack the Bush administration’s proposed
new mercury emission rules as doing too little, too late. Ed Hopkins is with the Sierra
Club.


“I’m sure that everyone would like to see mercury emissions reduced sharply, so that fish
are safe to eat again.”


The EPA is expected to issue new rules for mercury that would require coal-fired power
plants to reduce their emissions by 70 percent by 2018. By contrast, the Clinton
administration called for a 90 percent reduction by 2008.


For the Great Lakes Radio Consortium, I’m Sarah Hulett.

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