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 Matthew J. Landry and Heather Eicher-Miller
When university presidents were surveyed in spring of 2020 about what they felt were the most pressing concerns of COVID-19, college students going hungry didn't rank very high.
Why It Matters<p>This is not just a matter of growling stomachs. This is a straight-up education and health issue.</p><p>When students don't really know if they'll be able to get enough to eat, it can lead to a series of problems that make it harder to stay in school. For instance, it can affect <a href="https://doi.org/10.1177%2F1359105318783028" target="_blank">academic performance</a> and <a href="https://doi.org/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">sleep quality</a>. It can also lead to <a href="https://doi.org/10.1177/1359105318783028" target="_blank" rel="noopener noreferrer">poor mental and physical health</a> outcomes for college students.</p><p>Food insecurity can also result in disrupted eating patterns if there is <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6627945/" target="_blank" rel="noopener noreferrer">not enough food or the variety</a> or <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">quality of what someone eats</a> is low.</p>
Campus Food Pantries<p>Previous strategies by <a href="https://www.gao.gov/assets/700/696254.pdf" target="_blank">colleges and universities</a> to fight hunger in their student bodies have varied widely. They include campus food pantries, emergency cash assistance and nutrition education through noncredit classes or workshopse.</p><p>These strategies were put to the test during the spring 2020 semester, when nearly <a href="https://hope4college.com/wp-content/uploads/2020/06/Hopecenter_RealCollegeDuringthePandemic.pdf" target="_blank">three in five students</a> said they had trouble meeting their own basic needs during the pandemic.</p><p>College food pantries saw <a href="https://www.utrgv.edu/newsroom/2020/05/01-utrgv-student-food-pantry-seeing-recent-increase-in-demand-during-covid-19.htm" target="_blank" rel="noopener noreferrer">big increases</a> in demand. Others said they <a href="https://www.theprospectordaily.com/2020/09/22/uteps-food-pantry-is-running-out-of-food/" target="_blank" rel="noopener noreferrer">were getting less donated food</a>. This made it even harder to meet the rising food needs of students.</p><p>Campus food pantries largely rely on local or regional food banks, which have been dealing with <a href="https://www.indystar.com/story/news/local/2020/10/04/indiana-food-banks-call-more-food-stamps-meet-publics-need/3523683001/" target="_blank" rel="noopener noreferrer">greater demand</a> than they are able to meet during the pandemic.</p><p>The many students who are attending college remotely will, of course, have less access to campus resources like food pantries.</p>
Federal Help<p>Other potential ways to get more food are government programs like the <a href="https://www.fns.usda.gov/snap/recipient/eligibility" target="_blank">Supplemental Nutrition Assistance Program</a>, known as SNAP. Yet the majority of able-bodied students are not eligible. Long-standing restrictions, like the <a href="https://www.fns.usda.gov/snap/students" target="_blank">college SNAP rule</a>, prevent full-time students from receiving these benefits.</p><p>Such regulatory hurdles were created under the assumption that most students can rely on their parents to get enough to eat. However, college students have vastly different levels of financial support. Some students can rely on their parents for everything and others cannot rely on their parents for anything.</p><p>Decreased reliance on parental financial support is <a href="https://ir.library.louisville.edu/jsfa/vol47/iss3/5/" target="_blank">especially common</a> for first-generation students and students of color, who now make up <a href="https://1xfsu31b52d33idlp13twtos-wpengine.netdna-ssl.com/wp-content/uploads/2019/02/Race-and-Ethnicity-in-Higher-Education.pdf" target="_blank" rel="noopener noreferrer">45% of enrolled college students</a>.</p><p>Under normal circumstances, many college students might rely on part-time jobs to pay for their food.</p>
Short-Term Solutions<p>Universities and colleges can make it a priority to ensure students are aware of all available campus resources and services. They can also potentially help students apply for federal assistance benefits.</p><p>Campus food pantries are not a fully effective and efficacious solution for the scale of college food insecurity, but they can be a good interim solution to increase access to food for students.</p><p>Campuses without food pantries can start one, making use of resources the <a href="https://cufba.org/resources/" target="_blank">College and University Food Bank Alliance</a> provides. Schools with food pantries can try to get them to <a href="https://www.swipehunger.org/5campuspantry/" target="_blank" rel="noopener noreferrer">reach more students</a>.</p><p>Universities and colleges can also lean on one another for support. The <a href="http://wp.auburn.edu/endchildhungeral/alabama-campus-coalition-for-basic-needs/" target="_blank" rel="noopener noreferrer">Alabama Campus Coalition for Basic Needs</a> is a great example of this. It brings together 10 universities across the state of Alabama collectively working to address student food insecurity.</p>
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By Dr. Kate Raynes-Goldie
Of all the plastic we've ever produced, only 9% has been recycled. So what happened to all that plastic you've put in the recycling bin over the years?
Triangle of Mistruths<p>The myth created around plastic recycling has been one of simplicity. We look for the familiar triangle arrows, then pop the waste in the recycling bin so it can be reused.</p><p>But the true purpose of those triangles has been misunderstood by the general public ever since their invention in the 1980s.</p><p>These triangles were actually created by the plastics industry and, according to a report provided to them in July 1993, <a href="https://www.npr.org/transcripts/912150085" target="_blank">were creating "unrealistic expectations"</a> about what could be recycled. But they decided to keep using the codes.</p><p>Which is why many people still believe that these triangular symbols (also known as a <a href="https://sustainablepackaging.org/101-resin-identification-codes/" target="_blank" rel="noopener noreferrer">resin identifier code</a> or RIC) means something is recyclable.</p><p>But according to the American Society for Testing and Materials International (ASTM) – which controls the RIC system – the numbered triangles "<a href="https://www.astm.org/Standards/D7611.htm" target="_blank" rel="noopener noreferrer">are not recycle codes</a>." In fact, they weren't created for the general public at all. They were made for the post-consumer plastic industry.</p><p>In other words, the symbols make it easier to sort the different types of plastics, some of which cannot be recycled – <a href="https://www.ecobin.com.au/understand-recycling-codes/" target="_blank" rel="noopener noreferrer">depending on the recycling facility</a>.</p><p>"Unfortunately, just placing your plastic into the recycling bin doesn't mean it will get recycled," says Lara Camilla Pinho. She is an architect and lecturer at the UWA School of Design who is researching novel uses of plastic waste.</p><p>"The recycling system is complicated and often dictated by market demand. Not all plastic is recyclable. We cannot recycle plastic bags or straws for example."</p>
Behind the Scenes<p>So, what makes recycling plastics so difficult?</p><p>"Essentially, there are two types of plastics – thermoplastics and thermosets. While thermoplastics can be re-melted and re-molded, thermosets contain cross-linked polymers that cannot be separated meaning they cannot be recycled," says Lara.</p><p>"Even thermoplastics have a limit to the amount of times we can recycle them, as each time they are recycled they downgrade in quality."</p><p>Even when plastics are recyclable, it is <a href="https://www.theguardian.com/environment/2019/oct/13/war-on-plastic-waste-faces-setback-as-cost-of-recycled-material-soars" target="_blank">often more costly</a> than simply making new plastics.</p>
Sugar, Seaweed and Mushrooms<p>If the conventional recycling system isn't working, what else can we do with all the plastic we've created?</p><p>Lara is looking for ways to add value to recycled plastics such as using it in the design and development of architectural products. She hopes to use these architectural products to help underserved communities that are disproportionately affected by plastic waste.</p><p>In addition to recycling, we also need to find ways to reduce our use of virgin petroleum-based plastics.</p><p>Bioplastic is one such product that has been getting a lot of hype over the last few years. And although they're better than petroleum-based plastics, bioplastics also come with their own <a href="https://phys.org/news/2017-12-truth-bioplastics.html" target="_blank">set of challenges</a>.</p><p>"There are already a lot of bio-based alternatives to plastic, such as bagasse – a byproduct of sugar cane processing," says Lara.</p><p><a href="https://blogs.scientificamerican.com/observations/the-mycelium-revolution-is-upon-us/" target="_blank" rel="noopener noreferrer">Mycelium</a>, a type of fungi we most often associate with mushrooms, are also providing an interesting plastic alternative.</p><p>"In the field of architecture, mycelium is starting to be used as an alternative to plastic insulation, but also as compostable packaging and bricks," says Lara.</p><p>"The bricks take around five days to make and are strong, durable, water resistant and compostable at the end of their use."</p><p><a href="https://www.arup.com/news-and-events/hyfi-reinvents-the-brick" target="_blank" rel="noopener noreferrer">Hy-Fi Tower</a>, created by <a href="http://www.thelivingnewyork.com/living_about.html" target="_blank" rel="noopener noreferrer">The Living</a>, is an example of a building made from these bricks.</p><p>And finally, there's seaweed.</p><p>"[Seaweed is] cheap and can reproduce itself quickly without fertilizers. In architecture, there is use for seaweed as an alternative to plastic insulation but also as cladding," says Lara.</p>
More Money, More Problems<p>While all these alternatives are great, the main cause of our plastic dilemma is not scientific or technological, but economic.</p><p>As long as it remains <a href="https://engineering.mit.edu/engage/ask-an-engineer/why-is-it-cheaper-to-make-new-plastic-bottles-than-to-recycle-old-ones/" target="_blank">cheaper to create new plastics</a> from fossil fuels rather than from bioplastics or from recycling, we're going to be stuck with plastic garbage islands floating in our oceans.</p><p>The true cost to our health and our environment has yet to be included in the equation. But once it is, maybe that is when the real shift will happen.</p>
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