10 Ways Andrew Wheeler Has Decimated EPA Protections in Just One Year
By Elliott Negin
On July 8, President Trump hosted a White House event to unabashedly tout his truly abysmal environmental record. The following day, coincidentally, marked the one-year anniversary of Andrew Wheeler at the helm of the U.S. Environmental Protection Agency (EPA), first as acting administrator and then as administrator after the Senate confirmed him in late February.
The good news, if there is any, is that Wheeler is an Eagle Scout compared to his ethically challenged predecessor, Scott Pruitt. The bad news is, as predicted, Wheeler has been more effective than Pruitt in rolling back and eliminating EPA safeguards.
My organization, the Union of Concerned Scientists, has compiled a list of 80 Trump administration attacks on science since taking office, and Wheeler has been the driving force behind many of them. Below are 10 of the more egregious ways he has undermined the EPA's time-honored role to protect public health and the environment so far.
1. Sidelined Scientists
Wheeler, a former coal industry lobbyist, has taken a number of steps to systematically reduce the role of scientists in the agency's policymaking process. Last fall, for example, he eliminated the agency's Office of the Science Advisor, which counseled the EPA administrator on research supporting health and environmental standards, and placed the head of the EPA's Office of Children's Health Protection on administrative leave. He also disbanded a 20-member scientific advisory committee on particulate matter, or soot; failed to convene a similar panel on ozone; and packed a seven-member advisory committee on air quality standards with industry-friendly participants.
2. Proposed to Restrict the Use of Scientific Data
Claiming his intent is to increase "transparency," Wheeler is promoting a rule Pruitt proposed that would dramatically limit the scientific studies the agency considers when developing health standards. If adopted, the rule would restrict the use of scientific studies in EPA decisions if the underlying data are not public and reproducible, which would disqualify many epidemiological and other health studies the EPA relies on to set science-based public safeguards. Given that EPA health standards often rely on studies that contain private patient information, as well as confidential business information that cannot be revealed, the rule would significantly hamper the agency's ability to carry out its mission. Wheeler plans to finalize the rule sometime this year.
3. Gutted the Coal Ash Rule
The first major rule Wheeler signed as acting administrator refuted his claim that he could fulfill President Trump's directive to "clean up the air, clean up the water, and provide regulatory relief" at the same time. By rolling back the Obama-era coal ash rule, Wheeler provided regulatory relief to his old friend the coal industry by weakening environmental protections established in 2015 to clean up coal ash ponds, which are laced with toxic contaminants that leak into groundwater. The move was a top priority for coal baron Bob Murray, owner of Murray Energy, Wheeler's most lucrative client when he worked for the Faegre Baker Daniels law firm.
Coal-fired power plants have been dumping this residue from burning coal into giant, unlined pits for decades. According to the EPA, there are more than 1,000 coal ash disposal sites across the country, and a recent analysis by Earthjustice and the Environmental Integrity Project found that 91 percent of the coal plants filing monitoring data required by the 2015 rule are polluting water with unsafe levels of toxic contaminants. Wheeler's EPA says the new rule—which extends the deadline for closing some leaking ash ponds and allows states to suspend groundwater monitoring and set their own standards—will save utilities as much as $31 million. But the agency ignored the enormous costs of cancer and neurological and cardiovascular diseases linked to coal ash ingredients, which include arsenic, chromium, lead and mercury.
4. Recommended Unsafe Levels of Drinking Water Contaminants
Poly- and perfluoroalkyl substances (PFAS), which are used in firefighting foam and a variety of nonstick, cleaning, packaging and other household products, have been linked to thyroid disease and kidney, liver, pancreatic and testicular cancer. According to a recent study by the Environmental Working Group and Northeastern University, these chemicals threaten the drinking water supplies of an estimated 19 million Americans. A 2018 Union of Concerned Scientists report, meanwhile, found that PFAS water contamination at 130 military bases across the country exceed the 11-parts-per-trillion safety threshold determined by the Department of Health and Human Services Agency for Toxic Substances and Disease Registry. Nearly two-thirds of the sites had contamination that was more than 100 times higher than the safe level.
In February, Wheeler announced the "first-ever nationwide action plan" to regulate PFAS chemicals in water, saying the agency would develop and set a limit for two of the most prevalent PFAS chemicals, perfluorooctanoic acid and perfluorooctanesulfonic acid. During the announcement, he told reporters he believes the agency's voluntary 70-part-per-trillion health-advisory level for the chemicals is "a safe level for drinking water," despite the fact that this level is more than six times higher than what the Disease Registry considers safe.
While Wheeler slow-walks the EPA's response, members of Congress have introduced at least a dozen bills to address PFAS contamination, and the Senate recently passed a defense bill that would require the EPA to set a science-based standard for PFAS in drinking water.
5. Rolled Back Clean Water Act Protections
Clearing up a decade-long dispute over the scope of the Clean Water Act, the Obama EPA adopted a broad, science-based definition of the law that included protecting intermittent and ephemeral streams and wetlands that do not have surface water connections to other waterways. A 2015 EPA meta-analysis of more than 1,200 peer-reviewed studies concluded that even infrequently flowing small streams and isolated wetlands can affect "the integrity of downstream waters." Trash them and that pollution could wind up in rivers, lakes, reservoirs and estuaries.
Regardless, Wheeler announced plans during a December telephone press briefing to reverse the Obama EPA definition of waters protected by the Clean Water Act, a thinly disguised gift to land developers and the agriculture industry. When asked what wetlands would no longer be protected, Wheeler replied, "We have not done … a detailed mapping of all the wetlands in the country." Likewise, EPA Office of Water head David Ross—who represented industry clients against the EPA before joining the Trump administration—told reporters on the call that the agency had no idea how many streams would be dropped from Clean Water Act protection under the proposal.In fact, Wheeler and Ross were well aware of the damage their new definition would do. At least 18 percent of streams and 51 percent of wetlands across the country would not be covered under their proposed definition, according to an internal 2017 slideshow prepared by the EPA and the Army Corps of Engineers and obtained by E&E News under the Freedom of Information Act.
6. Suppressed an Inconvenient Formaldehyde Report
Last August, Wheeler disingenuously told a Senate committee that the EPA was holding up the release of a report on the risk of cancer from formaldehyde to confirm its veracity. "I am sure we will release it," he said, "but I need to make sure that the science in the report is still accurate."
In fact, the report—which concluded that formaldehyde can cause leukemia and nose and throat cancer—was completed by EPA scientists a year before Wheeler testified, according to a Senate investigation, and their conclusion was hardly a surprise. Both the World Health Organization's International Agency for Research on Cancer and the U.S. Department of Health and Human Services National Toxicology Program have already classified formaldehyde as a known human carcinogen.
The EPA's review process normally takes 60 to 90 days. The formaldehyde report has been in limbo for at least a year and a half, a blatant giveaway to the American Chemistry Council, the U.S. chemical industry's premier trade association, which has blocked tighter restrictions on formaldehyde for decades.
7. Ignored EPA Scientists’ Advice to Ban Asbestos
Instead of heeding the advice of agency scientists and lawyers to follow the example of 55 other countries and ban asbestos completely, the EPA announced in April that it would tighten restrictions on asbestos—not ban it—despite overwhelming scientific evidence of its dangers. Manufacturers will be able to continue to use the substance if they obtain EPA approval.
Asbestos has not been produced in the United States since 2002, but is still imported for use in a wide range of commercial and consumer products, including auto brake components, roofing, vinyl floor tile, fire-resistant clothing, and cement pipes, sheets and shingles. One of the deadliest known carcinogens, asbestos kills nearly 40,000 Americans annually, mainly from lung cancer.
8. Weakened the Mercury Emissions Rule
In late December, the EPA proposed to significantly weaken a rule restricting mercury emissions from coal-fired power plants by recalculating its costs and benefits. The Obama EPA, which issued the rule in 2011, estimated it would cost utilities $7.4 billion to $9.6 billion annually to install pollution controls and lead to $37 billion to $90 billion in health benefits by reducing not only mercury, a potent neurotoxin, but also sulfur dioxide and soot, thus preventing 130,000 asthma attacks, 4,700 heart attacks, and as many as 11,000 premature deaths. The Wheeler EPA ignored the "co-benefits" of limiting sulfur dioxide and soot, and flagrantly lowballed the health benefits of curbing mercury alone at only $4 million to $6 million annually.
Most utilities have already complied with the mercury rule at a fraction of the estimated cost, but health advocates fear that this new, industry-friendly accounting method, which makes it appear that the cost to polluters far outweigh the rule's benefits, will set a precedent for the EPA to sabotage an array of other public health protections.
9. Slammed Vehicle Emission Rules Into Reverse
Last August, the EPA and the Transportation Department issued a proposal to freeze vehicle tailpipe pollution and fuel efficiency standards, rolling back a 2012 Obama-era rule requiring automakers to boost passenger vehicle fuel economy to a fleetwide average of 54 miles per gallon by 2025. In a Wall Street Journal opinion piece titled "Make Cars Great Again" published a few days before the two agencies announced their proposal, Wheeler and Transportation Secretary Elaine Chao charged that the Obama-era standards—the first to limit vehicle carbon emissions—are too burdensome for automakers and "raised the cost and decreased the supply of newer, safer vehicles."
Parroting the Trump administration's line of reasoning, Wheeler and Chao argued that fuel-efficient cars—which weigh less than gas-guzzlers—are not as safe, a contention that has been widely debunked. In fact, a 2017 study concluded that reducing the average weight of new vehicles could result in fewer traffic fatalities.
In any case, freezing the standards at 2020 levels would be hard on the planet, not to mention Americans' wallets, according to the Union of Concerned Scientists. It would result in an additional 2.2 billion metric tons of global warming emissions by 2040, amounting to 170 million metric tons in 2040 alone—the equivalent of the annual output of 43 average size coal-fired power plants. It also would cost drivers billions of dollars. In 2040 alone, they would have to pay an additional $55 billion to fill their gas tanks. Meanwhile, the design improvements automakers have made so far to meet the standards have already saved drivers more than $86 billion at the pump since 2012, and off-the-shelf technological fixes, the Union of Concerned Scientists says, would enable automakers to meet the original 2025 target.
10. Rescinded the Clean Power Plan
Perhaps Wheeler's most damaging move to date came late last month when he signed a final rule to repeal and replace the Obama-era Clean Power Plan, which would have required coal-fired power plants to dramatically cut their carbon emissions. Yet another gift to the coal industry, Wheeler's so-called Affordable Clean Energy rule grants states the authority to determine emissions standards but sets no targets, leaving them the option to do absolutely nothing.Before Wheeler released the final rule, an April study in the journal Environmental Research Letters found that his draft version would boost carbon emissions in 18 states and the District of Columbia and increase sulfur dioxide emissions in 19 states. The EPA's own analysis of the draft rule, meanwhile, found that the proposal could have led to as many as 1,400 premature deaths annually by 2030 due to an increase in soot, and as many as 15,000 cases of upper respiratory problems.
Reversing Decades of Bipartisan Protections
If Wheeler truly cared about transparency, he would petition the Trump administration to change the name of his agency to "Every Polluter's Ally." In just 12 months, he has killed or weakened dozens of safeguards with the sole intention of bolstering polluting industries' profit margins even after Congress slashed the corporate tax rate. As a result, millions of Americans will be drinking filthier water and breathing dirtier air, and more will suffer from serious diseases, according to his agency's own accounting.
Wheeler and his predecessor Pruitt have sullied the bipartisan track record of one of the nation's agencies entrusted with protecting public health and safety. So it is little wonder that three former EPA administrators who, notably, served under Republican presidents, recently sounded the alarm on Capitol Hill, urging legislators to step up their oversight of the agency and denouncing its attempts to hamstring science."There is no doubt in my mind that under the current administration the EPA is retreating from its historic mission to protect our environment and the health of the public from environmental hazards," former EPA Administrator Christine Todd Whitman, who served under President George W. Bush, stated in her written testimony for the House Committee on Energy and Commerce Subcommittee on Oversight and Investigations. "This administration, from the beginning, has made no secret of its intention to essentially dismantle the EPA…. Therefore, I urge this committee, in the strongest possible terms, to exercise Congress's oversight responsibilities over the actions and direction of the EPA."
Elliott Negin is a senior writer at the Union of Concerned Scientists.
By Dana M Bergstrom, Euan Ritchie, Lesley Hughes and Michael Depledge
In 1992, 1,700 scientists warned that human beings and the natural world were "on a collision course." Seventeen years later, scientists described planetary boundaries within which humans and other life could have a "safe space to operate." These are environmental thresholds, such as the amount of carbon dioxide in the atmosphere and changes in land use.
The Good and Bad News<p><span>Ecosystems consist of living and non-living components, and their interactions. They work like a super-complex engine: when some components are removed or stop working, knock-on consequences can lead to system failure.</span></p><p>Our study is based on measured data and observations, not modeling or predictions for the future. Encouragingly, not all ecosystems we examined have collapsed across their entire range. We still have, for instance, some intact reefs on the Great Barrier Reef, especially in deeper waters. And northern Australia has some of the most intact and least-modified stretches of savanna woodlands on Earth.</p><p><span>Still, collapses are happening, including in regions critical for growing food. This includes the </span><a href="https://www.mdba.gov.au/importance-murray-darling-basin/where-basin" target="_blank" rel="noopener noreferrer">Murray-Darling Basin</a><span>, which covers around 14% of Australia's landmass. Its rivers and other freshwater systems support more than </span><a href="https://www.abs.gov.au/ausstats/[email protected]/latestproducts/94F2007584736094CA2574A50014B1B6?opendocument" target="_blank" rel="noopener noreferrer">30% of Australia's food</a><span> production.</span></p><p><span></span><span>The effects of floods, fires, heatwaves and storms do not stop at farm gates; they're felt equally in agricultural areas and natural ecosystems. We shouldn't forget how towns ran out of </span><a href="https://www.mdba.gov.au/issues-murray-darling-basin/drought#effects" target="_blank" rel="noopener noreferrer">drinking water</a><span> during the recent drought.</span></p><p><span></span><span>Drinking water is also at risk when ecosystems collapse in our water catchments. In Victoria, for example, the degradation of giant </span><a href="https://theconversation.com/logging-must-stop-in-melbournes-biggest-water-supply-catchment-106922" target="_blank" rel="noopener noreferrer">Mountain Ash forests</a><span> greatly reduces the amount of water flowing through the Thompson catchment, threatening nearly five million people's drinking water in Melbourne.</span></p><p>This is a dire <em data-redactor-tag="em">wake-up</em> call — not just a <em data-redactor-tag="em">warning</em>. Put bluntly, current changes across the continent, and their potential outcomes, pose an existential threat to our survival, and other life we share environments with.</p><p><span>In investigating patterns of collapse, we found most ecosystems experience multiple, concurrent pressures from both global climate change and regional human impacts (such as land clearing). Pressures are often </span><a href="https://besjournals.onlinelibrary.wiley.com/doi/abs/10.1111/1365-2664.13427" target="_blank" rel="noopener noreferrer">additive and extreme</a><span>.</span></p><p>Take the last 11 years in Western Australia as an example.</p><p>In the summer of 2010 and 2011, a <a href="https://theconversation.com/marine-heatwaves-are-getting-hotter-lasting-longer-and-doing-more-damage-95637" target="_blank" rel="noopener noreferrer">heatwave</a> spanning more than 300,000 square kilometers ravaged both marine and land ecosystems. The extreme heat devastated forests and woodlands, kelp forests, seagrass meadows and coral reefs. This catastrophe was followed by two cyclones.</p><p>A record-breaking, marine heatwave in late 2019 dealt a further blow. And another marine heatwave is predicted for <a href="https://www.theguardian.com/environment/2020/dec/24/wa-coastline-facing-marine-heatwave-in-early-2021-csiro-predicts" target="_blank" rel="noopener noreferrer">this April</a>.</p>
What to Do About It?<p><span>Our brains trust comprises 38 experts from 21 universities, CSIRO and the federal Department of Agriculture Water and Environment. Beyond quantifying and reporting more doom and gloom, we asked the question: what can be done?</span></p><p>We devised a simple but tractable scheme called the 3As:</p><ul><li>Awareness of what is important</li><li>Anticipation of what is coming down the line</li><li>Action to stop the pressures or deal with impacts.</li></ul><p>In our paper, we identify positive actions to help protect or restore ecosystems. Many are already happening. In some cases, ecosystems might be better left to recover by themselves, such as coral after a cyclone.</p><p>In other cases, active human intervention will be required – for example, placing artificial nesting boxes for Carnaby's black cockatoos in areas where old trees have been <a href="https://www.environment.gov.au/biodiversity/threatened/publications/factsheet-carnabys-black-cockatoo-calyptorhynchus-latirostris" target="_blank" rel="noopener noreferrer">removed</a>.</p><p><span>"Future-ready" actions are also vital. This includes reinstating </span><a href="https://www.abc.net.au/gardening/factsheets/a-burning-question-fire/12395700" target="_blank" rel="noopener noreferrer">cultural burning practices</a><span>, which have </span><a href="https://theconversation.com/australia-you-have-unfinished-business-its-time-to-let-our-fire-people-care-for-this-land-135196" target="_blank" rel="noopener noreferrer">multiple values and benefits for Aboriginal communities</a><span> and can help minimize the risk and strength of bushfires.</span></p><p>It might also include replanting banks along the Murray River with species better suited to <a href="https://www.abc.net.au/gardening/factsheets/my-garden-path---matt-hansen/12322978" target="_blank" rel="noopener noreferrer">warmer conditions</a>.</p><p>Some actions may be small and localized, but have substantial positive benefits.</p><p>For example, billions of migrating Bogong moths, the main summer food for critically endangered mountain pygmy possums, have not arrived in their typical numbers in Australian alpine regions in recent years. This was further exacerbated by the <a href="https://theconversation.com/six-million-hectares-of-threatened-species-habitat-up-in-smoke-129438" target="_blank" rel="noopener noreferrer">2019-20</a> fires. Brilliantly, <a href="https://www.zoo.org.au/" target="_blank" rel="noopener noreferrer">Zoos Victoria</a> anticipated this pressure and developed supplementary food — <a href="https://theconversation.com/looks-like-an-anzac-biscuit-tastes-like-a-protein-bar-bogong-bikkies-help-mountain-pygmy-possums-after-fire-131045" target="_blank" rel="noopener noreferrer">Bogong bikkies</a>.</p><p><span>Other more challenging, global or large-scale actions must address the </span><a href="https://www.youtube.com/watch?v=iICpI9H0GkU&t=34s" target="_blank" rel="noopener noreferrer">root cause of environmental threats</a><span>, such as </span><a href="https://www.nature.com/articles/s41559-018-0504-8" target="_blank" rel="noopener noreferrer">human population growth and per-capita consumption</a><span> of environmental resources.</span><br></p><p>We must rapidly reduce greenhouse gas emissions to net-zero, remove or suppress invasive species such as <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/mam.12080" target="_blank" rel="noopener noreferrer">feral cats</a> and <a href="https://theconversation.com/the-buffel-kerfuffle-how-one-species-quietly-destroys-native-wildlife-and-cultural-sites-in-arid-australia-149456" target="_blank" rel="noopener noreferrer">buffel grass</a>, and stop widespread <a href="https://theconversation.com/to-reduce-fire-risk-and-meet-climate-targets-over-300-scientists-call-for-stronger-land-clearing-laws-113172" target="_blank" rel="noopener noreferrer">land clearing</a> and other forms of habitat destruction.</p>
Our Lives Depend On It<p>The multiple ecosystem collapses we have documented in Australia are a harbinger for <a href="https://www.iucn.org/news/protected-areas/202102/natures-future-our-future-world-speaks" target="_blank">environments globally</a>.</p><p>The simplicity of the 3As is to show people <em>can</em> do something positive, either at the local level of a landcare group, or at the level of government departments and conservation agencies.</p><p>Our lives and those of our <a href="https://theconversation.com/children-are-our-future-and-the-planets-heres-how-you-can-teach-them-to-take-care-of-it-113759" target="_blank">children</a>, as well as our <a href="https://theconversation.com/taking-care-of-business-the-private-sector-is-waking-up-to-natures-value-153786" target="_blank" rel="noopener noreferrer">economies</a>, societies and <a href="https://theconversation.com/to-address-the-ecological-crisis-aboriginal-peoples-must-be-restored-as-custodians-of-country-108594" target="_blank" rel="noopener noreferrer">cultures</a>, depend on it.</p><p>We simply cannot afford any further delay.</p><p><em><a rel="noopener noreferrer" href="https://theconversation.com/profiles/dana-m-bergstrom-1008495" target="_blank" style="">Dana M Bergstrom</a> is a principal research scientist at the University of Wollongong. <a rel="noopener noreferrer" href="https://theconversation.com/profiles/euan-ritchie-735" target="_blank" style="">Euan Ritchie</a> is a professor in Wildlife Ecology and Conservation, Centre for Integrative Ecology, School of Life & Environmental Sciences at Deakin University. <a rel="noopener noreferrer" href="https://theconversation.com/profiles/lesley-hughes-5823" target="_blank">Lesley Hughes</a> is a professor at the Department of Biological Sciences at Macquarie University. <a rel="noopener noreferrer" href="https://theconversation.com/profiles/michael-depledge-114659" target="_blank">Michael Depledge</a> is a professor and chair, Environment and Human Health, at the University of Exeter. </em></p><p><em>Disclosure statements: Dana Bergstrom works for the Australian Antarctic Division and is a Visiting Fellow at the University of Wollongong. Her research including fieldwork on Macquarie Island and in Antarctica was supported by the Australian Antarctic Division.</em></p><p><em>Euan Ritchie receives funding from the Australian Research Council, The Australia and Pacific Science Foundation, Australian Geographic, Parks Victoria, Department of Environment, Land, Water and Planning, and the Bushfire and Natural Hazards CRC. Euan Ritchie is a Director (Media Working Group) of the Ecological Society of Australia, and a member of the Australian Mammal Society.</em></p><p><em>Lesley Hughes receives funding from the Australian Research Council. She is a Councillor with the Climate Council of Australia, a member of the Wentworth Group of Concerned Scientists and a Director of WWF-Australia.</em></p><p><em>Michael Depledge does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</em></p><p><em>Reposted with permission from <a href="https://theconversation.com/existential-threat-to-our-survival-see-the-19-australian-ecosystems-already-collapsing-154077" target="_blank" style="">The Conversation</a>. </em></p>
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