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10 Ways Andrew Wheeler Has Decimated EPA Protections in Just One Year

Politics
10 Ways Andrew Wheeler Has Decimated EPA Protections in Just One Year
EPA Administrator Andrew Wheeler signs the so-called Affordable Clean Energy rule on June 19, replacing the Obama-era Clean Power Plan that would have reduced coal-fired plant carbon emissions. U.S. Environmental Protection Agency / Twitter

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."

This article was produced by Earth | Food | Life, a project of the Independent Media Institute, and originally published by Truthout.

Elliott Negin is a senior writer at the Union of Concerned Scientists.

A net-casting ogre-faced spider. CBG Photography Group, Centre for Biodiversity Genomics / CC BY-SA 3.0

Just in time for Halloween, scientists at Cornell University have published some frightening research, especially if you're an insect!

The ghoulishly named ogre-faced spider can "hear" with its legs and use that ability to catch insects flying behind it, the study published in Current Biology Thursday concluded.

"Spiders are sensitive to airborne sound," Cornell professor emeritus Dr. Charles Walcott, who was not involved with the study, told the Cornell Chronicle. "That's the big message really."

The net-casting, ogre-faced spider (Deinopis spinosa) has a unique hunting strategy, as study coauthor Cornell University postdoctoral researcher Jay Stafstrom explained in a video.

They hunt only at night using a special kind of web: an A-shaped frame made from non-sticky silk that supports a fuzzy rectangle that they hold with their front forelegs and use to trap prey.

They do this in two ways. In a maneuver called a "forward strike," they pounce down on prey moving beneath them on the ground. This is enabled by their large eyes — the biggest of any spider. These eyes give them 2,000 times the night vision that we have, Science explained.

But the spiders can also perform a move called the "backward strike," Stafstrom explained, in which they reach their legs behind them and catch insects flying through the air.

"So here comes a flying bug and somehow the spider gets information on the sound direction and its distance. The spiders time the 200-millisecond leap if the fly is within its capture zone – much like an over-the-shoulder catch. The spider gets its prey. They're accurate," coauthor Ronald Hoy, the D & D Joslovitz Merksamer Professor in the Department of Neurobiology and Behavior in the College of Arts and Sciences, told the Cornell Chronicle.

What the researchers wanted to understand was how the spiders could tell what was moving behind them when they have no ears.

It isn't a question of peripheral vision. In a 2016 study, the same team blindfolded the spiders and sent them out to hunt, Science explained. This prevented the spiders from making their forward strikes, but they were still able to catch prey using the backwards strike. The researchers thought the spiders were "hearing" their prey with the sensors on the tips of their legs. All spiders have these sensors, but scientists had previously thought they were only able to detect vibrations through surfaces, not sounds in the air.

To test how well the ogre-faced spiders could actually hear, the researchers conducted a two-part experiment.

First, they inserted electrodes into removed spider legs and into the brains of intact spiders. They put the spiders and the legs into a vibration-proof booth and played sounds from two meters (approximately 6.5 feet) away. The spiders and the legs responded to sounds from 100 hertz to 10,000 hertz.

Next, they played the five sounds that had triggered the biggest response to 25 spiders in the wild and 51 spiders in the lab. More than half the spiders did the "backward strike" move when they heard sounds that have a lower frequency similar to insect wing beats. When the higher frequency sounds were played, the spiders did not move. This suggests the higher frequencies may mimic the sounds of predators like birds.

University of Cincinnati spider behavioral ecologist George Uetz told Science that the results were a "surprise" that indicated science has much to learn about spiders as a whole. Because all spiders have these receptors on their legs, it is possible that all spiders can hear. This theory was first put forward by Walcott 60 years ago, but was dismissed at the time, according to the Cornell Chronicle. But studies of other spiders have turned up further evidence since. A 2016 study found that a kind of jumping spider can pick up sonic vibrations in the air.

"We don't know diddly about spiders," Uetz told Science. "They are much more complex than people ever thought they were."

Learning more provides scientists with an opportunity to study their sensory abilities in order to improve technology like bio-sensors, directional microphones and visual processing algorithms, Stafstrom told CNN.

Hoy agreed.

"The point is any understudied, underappreciated group has fascinating lives, even a yucky spider, and we can learn something from it," he told CNN.

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