Battle Lines Are Drawn as Congress Reforms the 40-Year-Old Toxic Substances Control Act
2016 marks the 40th anniversary of the Toxic Substances Control Act (TSCA). But there is little to celebrate. Signed into law by President Gerald Ford in 1976, the TSCA has been sharply criticized for failing at what it was meant to do: protect public health and the environment from the tens of thousands of chemicals that saturate the marketplace and the hundreds of new ones that are introduced every year.
Adding to the concern is the fact that the law hasn’t been significantly updated since it was enacted, during which time some 22,000 new chemicals have entered American commerce, with around 700 new ones rolled out each year. Many of these chemicals—most of which did not previously exist in nature—have been widely dispersed throughout the environment, into the air, soil and water where some will persist for decades or even centuries.
The figures are staggering. Every year, around 4 billion pounds of toxic chemicals are released by American industries. In 2011 alone, 16 new chemicals accounted for nearly 1 million pounds. There is far too little testing of these substances: Only a fraction of the nearly 3,000 high-production-volume (HPV) chemicals—chemicals that have an annual production run of at least one million pounds—have been studied for their potential toxicity. According to the Environmental Protection Agency (EPA), the agency has “only been able to require testing on a little more than 200 existing chemicals” out of the 62,000 that have been introduced since the TSCA’s enactment. The EPA has banned just five.
It has been a long time in coming, but after several years of negotiations, two bills seeking to overhaul the TSCA have finally been passed in both houses of Congress. And while one might assume a federal effort to improve the TSCA would receive widespread popular support (a nationwide poll conducted in 2012 found that nearly 74 percent of Americans believe the threat of chemical exposure to people’s health is serious), the legislation has been met with fierce opposition—and not from the chemical industry.
State authorities weigh in on #TSCA reform legislation moving through U.S. Congress https://t.co/MpW3VYLtJW https://t.co/EEG8kHCPdP— EDF Health (@EDF Health)1455051001.0
For decades, regulating chemicals in the U.S. has been a “too little, too late” exercise in futility. Now that Washington is on the verge of a major overhaul, chemical policy reform has become a pitched battleground. Several stakeholders have been vying for leverage, from federal lawmakers and state attorneys general, to chemical industry lobbyists and community activists, to public and environmental health activists. How did something so basic as keeping people and animals safe from dangerous substances become such a highly politicized arena?
One Word: Plastics
Since World War II, some 80,000 new chemicals have been invented. But it wasn’t until the early 1970s when the President’s Council on Environmental Quality (CEQ), formed in 1969 under the Nixon administration, proposed federal legislation to regulate American commerce in chemical substances. So why did it take so long for the government to address the potential health and environmental effects of chemicals? It’s a familiar and tragic narrative: Public health regularly takes a back seat to corporate interests. Time and time again, major toxic disasters occur, reminding us just how susceptible humans, animals and the environment are to toxins produced by industrial activity. Look at Love Canal in Niagara Falls in the 1950s, Times Beach, Missouri in the 1970s or the Summitville mine in Colorado in the 1980s. More recently, there was the Exide lead contamination in Los Angeles. Today, the Flint water crisis unfolds in Michigan.
While big disasters such as these make national headlines, it was actually a series of festering environmental contamination events around the country—and the community activism that gradually grew around them—that set the stage for the TSCA’s passage.
Polychlorinated biphenyls (PCBs) were contaminating the Hudson River; polybrominated biphenyls (PBBs) were contaminating agricultural produce in Michigan; and chlorofluorocarbon (CFC) emissions were depleting the ozone layer. But it was the process behind making polyvinyl chloride, a plastic commonly known as PVC, that was ultimately the driving force that finally got the law passed. In their 2002 book, Deceit and Denial: The Deadly Politics of Industrial Pollution, public health historians Gerald Markowitz and David Rosner write, “While the discovery of various kinds of industrial pollution had led the EPA to begin pressing for passage of Toxic Substances Control Act, the publicity and seriousness of the vinyl crisis would become the impetus for more assertive efforts to get TSCA passed, with a view toward regulating more chemicals than vinyl chloride.”
Developed in the 1920s, PVC is one of the most used plastics in the world. Impervious to rust and rot, it is used predominantly in water systems, sewer lines and underground wiring and also across a wide array of consumer goods, from tire treads and credit cards to children’s toys and medical devices. In many ways, PVC has changed things for the better, particularly across the developing world, where almost all the clean water projects depend on bacteria-resistant PVC pipe. Chemical engineer Arjen Sevenster, who sits on the board of EU vinyl industry trade group VinylPlus, is a vocal proponent of PVC, the third most widely produced synthetic plastic polymer in the world. “PVC products make life safer, more comfortable and more pleasurable,” he said. “And, because PVC has an excellent ratio of economic cost to performance, it allows people of all income levels access to these important benefits.”
But there is a big problem with this popular plastic. In order to make it, you need to start with vinyl chloride (VC), an intermediary organic compound that was implicated in causing liver damage as early as the 1930s, when the PVC industry was still in its infancy. But it wouldn’t be until 1949, when Russian researcher S.L. Tribukh published a paper about the health effects of VC that it became clear: VC exposure causes liver injury.
In the decades to follow, her research would be tragically manifested in the workplace. A mortality study conducted in 1988 by the Health and Safety Executive, the United Kingdom’s independent regulator for work-related health, found that between 1940 and 1974, there were 11 tumor-related deaths among British vinyl workers—seven of them from angiosarcoma, an exceedingly rare cancer tumor of the liver. The HSE concluded that the deaths indicated “a significant excess of non-secondary liver tumors.” By the late 1960s, the issue got attention in the U.S., when four cases of angiosarcoma were diagnosed among workers at a B.F. Goodrich tire-making plant near Louisville, Kentucky, between 1967 and 1973. The episode was one of the earliest reports of an occupational disease outbreak published by the Center for Disease Control’s (CDC) Morbidity and Mortality Weekly Report.
The 1967 film The Graduate was one of the biggest movies of the period. One of its most famous lines was uttered by Mr. McGuire (Walter Brooke), who gives Ben, a 21-year-old recent college grad played by Dustin Hoffman, some friendly business advice: “There's a great future in plastics.” He was right, of course. In 1976, the global production of plastics was around 50 million metric tons. By 2002, that number had quadrupled. Today, more than 311 metric tons of plastics are produced worldwide. In 2013, plastic wholesaling generated $55 billion in the U.S., which is behind only China in total PVC production.
But plastic’s future would not be all bright. Just a few years after The Graduate was released, VC health concern had reached critical mass in the U.S. Nancy Beach, who was coordinating the EPA’s vinyl chloride efforts at the time, revealed that exposure to the toxin wasn’t limited to factory workers. In a private session organized by the National Cancer Institute and attended by representatives from 10 federal agencies, including the Food and Drug Administration (FDA), Occupational Safety and Health Administration (OSHA), CDC and the National Institutes of Health, Beach revealed that some 6 percent of the VC used during PVC production was escaping into the outside air. “It sounds small,” she said, “but if one considers that the annual production of PVC in the U.S. is well over 5 billion pounds a 6 percent loss figure is on the order of 250 million pounds, which is somehow getting out of the workplace.”
By the summer of 1974, the FDA, EPA and Consumer Product Safety Commission moved to prohibit the use of VC in bottles and other consumer goods. In October, EPA Administrator Russell Train announced new air emissions standards for vinyl chloride. The announcement would have far-reaching implications: By framing the VC issue within the larger goal of regulating the hundreds of chemicals that enter the marketplace every year, Train helped pave the way for the passage of the TSCA:
"For the past five years, an estimated 600 new chemicals a year have been introduced into U.S. commerce. These chemicals have been sold without any systematic, advanced assessment of their potential impact on human health. As we have learned through our experience, materials such as vinyl chloride, polychlorinated biphenyls (PCBs), asbestos, nitrosamines and several others, we often do not discover how harmful a compound can be until it has become a commonplace item in our everyday life."
Two years after Train’s announcement—and after significant negotiation between the government and industry—the TSCA was finally signed into law by President Ford on Oct. 11, 1976, authorizing the EPA to test and regulate new and existing chemicals. In a statement accompanying the signing of the bill, Ford said, “I believe this legislation may be one of the most important pieces of environmental legislation that has been enacted by the Congress.” He may have been right, but important does not equal effective.
Fixing "Fundamental Weaknesses"
A large part of the problem with the TSCA is its fundamentally Sisyphean nature. In 1994, former EPA Assistant Administrator Lynn Goldman testified to Congress, saying, “Our available tools for gathering testing data about these chemicals are cumbersome.” Later, she explained that under the provisions of the TSCA, “It’s almost as if ... we have to, first, prove that chemicals are risky before we can have the testing done to show whether or not the chemicals are risky.” Since the TSCA was enacted, some 62,000 chemicals have never been tested by the EPA because they were grandfathered in and remain on the market.
In 2009, Michael Wilson and Megan Schwarzman, environmental health scientists at UC Berkeley, published a damning analysis of U.S. chemical policy, identifying “fundamental weaknesses” in the way the government protects Americans from toxic substances—weaknesses that not only leave the public unprotected, but hamstring the development of a chemical marketplace that is less toxic and more sustainable. “These policies have largely failed to adequately protect public health or the environment or motivate investment in or scientific exploration of cleaner chemical technologies,” they wrote in the paper, which was published in Environmental Health Perspectives, a peer-reviewed journal. “On this trajectory,” they warned, “the United States will face growing health, environmental and economic problems related to chemical exposures and pollution.”
Two bills, a House and Senate bill, which passed their respective chambers last year, represent Congress’ first serious attempt to “reauthorize and modernize” the TSCA. The Senate bill, S. 697 (the Frank R. Lautenberg Chemical Safety for the 21st Century Act), has been hailed as the result of bipartisan compromise on Capitol Hill led by Sen. Frank Lautenberg (D-NJ) and Sen. David Vitter (R-LA), who co-sponsored a bill in May 2013. A month later, Lautenberg died. Sen. Tom Udall (D-NM) picked up the reins and worked with Vitter—an ally of the chemical companies—to improve the bill, which eventually secured enough support in the Senate to be filibuster-proof. Now dubbed the “Udall-Vitter chemical safety bill,” it passed on Dec. 17 by unanimous consent.
New York Times columnist Joe Nocera sees a rare quality in the Udall-Vitter bill: “In this era of polarized politics,” he writes, “it is something of a miracle.” He said Udall told him that the bill stood as “an example of good, old-fashioned legislating.” Nocera also relayed the opinion of Dominique Browning, a co-founder of the grassroots green group known as Moms Clean Air Force:
"Browning, an old friend of mine, describes herself as an environmental pragmatist. She concluded that whatever the flaws in the bill, it was a vast improvement over the status quo—a status quo in which the Environmental Protection Agency can’t even regulate formaldehyde. She and her brain trust decided that their 570,000-member group would work to improve the bill instead of oppose it. This is also the position taken by the ever-pragmatic Fred Krupp of the Environmental Defense Fund, with which Moms Clean Air Force is affiliated."
The House bill, H.R. 2576 (TSCA Modernization Act), was introduced in May 2015 by Rep. John Shimkus (R-IL-15) and passed in June. The next step is for the bills to be assessed in a conference committee to reconcile the two versions. (Richard Denison, lead senior scientist at the nonprofit Environmental Defense Fund has published an excellent side-by-side comparison of how the two bills address 12 of TSCA’s key limitations).
As the first major overhaul of the 40-year-old TSCA, the bills have several laudable goals and fix glaring omissions in the old law. For example, the TSCA gives no special consideration to segments of the population that may be more susceptible to toxins, such as infants, children, pregnant women, workers and the elderly. This is a striking oversight. Less than 20 percent of HPV chemicals have been studied for their ability to impact child development. The Senate bill addresses this omission, expressly requiring protections for these vulnerable groups. Furthermore, the TSCA gives the EPA the authority, but regrettably no mandate, to restrict chemicals deemed to present an “unreasonable risk.” The new legislation closes this breach by requiring restrictions on such substances.
Another target of reform is the “safety standard.” Under the TSCA, a substance of unreasonable risk requires the EPA to conduct a cost-benefit analysis, an unwieldy requirement that is ultimately not necessary—if the bottom line is protecting public health. Both bills address this by prohibiting the EPA from considering costs and other non-risk factors in making safety determinations, eliminating an onerous requirement of the TSCA that Denison characterized as a “paralyzing regulatory hurdle.”
The final bill will likely meet one of the threshold principles for the Obama administration: that the safety standard is a “health only” standard and not a “cost-benefit” standard. In their analysis, Wilson and Schwarzman note three key “gaps” caused by the weaknesses in the TSCA:
- Data gap: “Producers are not required to investigate and disclose sufficient information on chemicals' hazard traits to government, businesses that use chemicals or the public.”
- Safety gap: “Government lacks the legal tools it needs to efficiently identify, prioritize and take action to mitigate the potential health and environmental effects of hazardous chemicals.”
- Technology gap: “Industry and government have invested only marginally in green chemistry research, development and education.”
The bills address these gaps to varying degrees. Regarding the data gap, the new legislation mandates a greater level of transparency, requiring an upfront justification from companies for all or most new claims. Regarding the safety gap, the bills, as stated earlier, prohibit the EPA from considering costs in risk evaluations. Regarding the technology gap, the Senate bill mandates that, no later than two years after the bill’s enactment, an Interagency Working Group—comprised of representative from several agencies, including the U.S. Department of Agriculture, EPA, National Institutes of Health and the National Science Foundation—must submit “a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education and training activities.”
Whether or not these changes survive the final combined version of the bill remains to be seen.
Question of Authorship
While there is much to like to about the reform bills, particularly the protection they require for vulnerable segments of the population, they have drawn strong opposition. Safer Chemicals, Healthy Families, a 450-member coalition dedicated to TSCA reform that counts as its members a number of leading environmental and public health advocacy groups, such as the Natural Resources Defense Council, Earthjustice, Physicians for Social Responsibility, Planned Parenthood Federation of America and the Breast Cancer Fund, opposes the part of the reform bills that gives the EPA the ability to declare substances “low-priority” based on a finding that the chemical is “likely to meet” the safety standard, thereby leaving them off the official assessment table. That’s a loophole that, according Safer Chemicals, Healthy Families’ National Campaign Director Andy Igrejas, lets industry off the hook:
"A low-priority designation is a new form of pro-active non-assessment. It is effectively a hall pass for the chemical; a declaration that EPA will not review the chemical so it is therefore free to roam the economy and potentially your home without any restrictions. All on the back of 'likely to.' This distinction, which confers many of the benefits of being declared 'safe' but without a thorough safety evaluation, is likely to be coveted by chemical companies."
Is it possible that the low-priority designation isn’t just coveted by chemical companies, but was actually written by them? Hearst Newspapers obtained a copy of the draft bill in the form of a Microsoft Word document, which has led to questions concerning the bill’s authorship. According to the San Francisco Chronicle, a Hearst paper, accessing the document’s “advanced properties” revealed that the company of origin was none other than the American Chemistry Council, the chemical industry’s powerful lobbying group. Ken Cook, president of the non-profit Environmental Working Group, was quick to denounce the legislative process behind chemicals reform. “We’re apparently at the point in the minds of some people in the Congress that laws intended to regulate polluters are now written by the polluters themselves,” he said.
Indeed, the chemical industry is so far supportive of the reform. "Updating the Toxic Substances Control Act is critical for our industry, one that creates the building blocks for 96 percent of all manufactured goods, playing a fundamental role in every facet of national commerce and the U.S. economy," the American Chemistry Council said in a statement. According to the trade group, the Senate bill balances the needs of the public to be informed about chemicals in the marketplace without getting in the way of the industry’s job to make the kinds of chemicals—toxic though they might be—that manufacturers need.
Igrejas also notes that the Senate bill “weakens EPA’s ability to intercept imported products, like most of the toys under your Christmas tree, when they contain a known toxic chemical.” Following the March 2015 hearing by the Senate environment committee, he wrote, “The overwhelming conclusion to any but the most partisan observer was that the bill—though improved over last year’s version—needs additional work before it represents true progress for public health and gathers the broader support needed to become law.”
States Rights vs. Federal Oversight
But perhaps the most dramatic change that would be ushered in by the new legislation as it is currently written regards the role of states, which would have diminished control. The new law threatens to undo state-led efforts to protect citizens in light of failures at the federal level. “The toxics tug-of-war in state houses,” Ronnie Greene of the Center for Public Integrity said, “is direct fallout from the muddled environmental politicking of Washington, DC.” Notably, the new law would block states from taking direct action on potentially hazardous chemicals while the EPA makes its own assessments, which could delay rolling out necessary steps to protect public and environmental health, possibly for years.
In a letter to Sen. Barbara Boxer (D-CA), the ranking member of the Senate Committee on Environment and Public Works, California State Attorney General Kamala Harris said it “is deeply troubling given the enormous time lag certain to occur between the beginning of an EPA assessment and the effective date of any federal safety rule.” The federal time lag is truly extraordinary. In 2010, for example, the EPA added 16 new cancer-causing chemicals to the list of toxic substances that must be reported to the Toxics Release Inventory, which allows the American public to know what kinds of chemicals might be polluting their communities. It was the first time chemicals had been added to the list in over a decade.
Harris wasn’t the only state attorney general to come out against the Senate bill. A week after it was introduced, the state attorneys general of Iowa, Maine, Maryland, New York, Oregon and Washington sent a similar letter to Sen. Boxer and Sen. James Inhofe (R-OK), the environment committee chairman. They write:
"We oppose S. 697’s broadly expanded limitations on the ability of states to take appropriate action under state laws to protect against … risks posed by chemicals and chemical mixtures … In contrast to the existing law, S. 697 would prevent states from adopting new laws or regulations or taking other administrative action, 'prohibiting or restricting the manufacture, processing, distribution in commerce or use' of a chemical substance deemed by the U.S. Environmental Protection Agency to be a 'high-priority' for federal review even before any federal restrictions have been established. As a result, a void would be created where states would be prevented from acting to protect their citizens and the environment from those chemicals even though federal restrictions may not be in place for many years. S. 697 also eliminates two key provisions in the existing law that preserve state authority to protect against dangerous chemicals. One is the provision that provides for 'co-enforcement'—allowing states to adopt and enforce state restrictions that are identical to federal restrictions in order to provide for additional enforcement of the law. The second is the provision that allows states to ban in-state use of dangerous chemicals."
Last month, Sharon Lerner, who covers the environment for The Intercept, wrote an article focusing on the effect the TSCA reform bill would have on the work that is happening on the state level. “If the worst provisions from both bills wind up in the final law,” she writes, “the new legislation will gut laws that have put Oregon, California, Maine, Vermont, Minnesota and Washington state at the forefront of chemical regulation.”
Lerner told me that there are almost 20,000 chemicals currently on the marketplace whose identities remain unknown because they're protected by law. “They're considered confidential to business and you can't check the safety of something if you don't know the identity of it,” she said. Under the new legislation, she added, “none of that will change. I think it's really important to remember that.”
But there is still time to make the final bill that reaches the president’s desk one that will please more of the stakeholders. But ultimately, legislators mustn’t lose sight of the bill’s basic goal: to protect people, wildlife and the environment from dangerous substances. “Luckily, it is not too late,” Igrejas said in a statement. “When Congress reconciles the House and Senate versions, they should focus on the fundamentals of reform and simply empower and direct EPA to identify and restrict toxic chemicals.” And they shouldn’t let corporate interests make the sausage.
Plastics and other toxic substances have arguably helped shape the modern world in many positive ways. But the rules governing their use and the way those rules have been written, are problematic, to say the least. As Dustin Hoffman remarked in The Graduate, “The rules don't make any sense to me. They're being made up by all the wrong people.”
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By Tara Lohan
A key part of the United States' clean energy transition has started to take shape, but you may need to squint to see it. About 2,000 wind turbines could be built far offshore, in federal waters off the Atlantic Coast, in the next 10 years. And more are expected.
Threats to Birds<p>One of the gravest threats facing birds is climate change, according to Audubon, which found that rising temperatures threaten <a href="https://www.audubon.org/2019climateissue" target="_blank" rel="noopener noreferrer">nearly two-thirds of North America's bird species</a>. That's why the impending development of offshore wind is a good thing, says Shilo Felton, a field manager in the organization's Clean Energy Initiative, but it also comes with dangers to birds that need to be better studied and mitigated.</p><p>The most obvious risk comes from birds colliding with spinning turbine blades. But offshore wind developments can also displace birds from foraging or roost sites, as well as migratory pathways.</p><p>Along the Atlantic Coast four imperiled species are of top concern to conservationists: the endangered piping plover, red knot, roseate tern and black-capped petrel, which is being considered for listing under the Endangered Species Act.</p><p>"Those four species are of utmost importance to make sure that we understand the impacts," says Felton. "But beyond that there are many species that are protected under the Migratory Bird Treaty Act and the Fish and Wildlife Conservation Act that could potentially see more impacts from offshore wind."</p><p>Northern gannets, for example, are at risk not just for collision but <a href="https://www.researchgate.net/publication/308703197_Possible_impacts_of_offshore_wind_farms_on_seabirds_a_pilot_study_in_Northern_Gannets_in_the_southern_North_Sea" target="_blank">habitat displacement</a>.</p>
A northern gannet flying along Cape May, N.J. Ann Marie Morrison / CC BY-NC-ND 2.0<p>"There's <a href="https://www.sciencedirect.com/science/article/abs/pii/S0006320716303196" target="_blank">some evidence</a> that they just won't use areas where turbines are, but that also excludes them from key foraging areas," says Felton. Researchers are still studying what this may mean for the birds. But a <a href="https://www.sciencedirect.com/science/article/pii/S0141113620305304" target="_blank">study</a> published in December 2020 conducted at Bass Rock, Scotland — home to the world's largest northern gannet colony — found that wind developments could reduce their growth rate, though not enough to cause a population decline.</p><p>Other birds, such as great cormorants and European shags, are <a href="https://www.sciencedirect.com/science/article/abs/pii/S0006320716303196" target="_blank">attracted to wind developments</a> and use the infrastructure to rest while opening up new foraging areas farther from shore.</p><p>"There's plenty of potential for a bird to use a wind farm and still to avoid the turbines themselves," says Felton.</p><p>Birds like pelicans, however, are less versatile in their movements and are at particular risk of collision because of their flight pattern, she says.</p><p>But how disruptive or dangerous offshore turbines will be along the East Coast isn't yet known.</p><p>Federal and state agencies, along with nongovernmental organizations, says Felton, have done good research to try to better understand those potential impacts. "But these are all theoretical, because we don't have a lot of offshore wind yet in the United States."</p>
Threats to Ocean Life<p>Birds aren't the only wildlife of concern. More development in ocean waters could affect a litany of marine species, some of which are already facing other pressures from overfishing, pollution, habitat destruction and climate change.</p><p>Scientists have found that marine mammals like whales and dolphins could be disturbed by the jarring sounds of construction, especially if pile driving is used to hammer the steel turbine platform into the seafloor.</p><p>The noises, though short-lived, could impede communication between animals, divert them from migration routes or cause them to seek less suitable areas for feeding or breeding. Research from Europe found that harbor porpoises, seals and dolphins may avoid development areas during construction. In most, but <a href="https://iopscience.iop.org/article/10.1088/1748-9326/7/4/045101" target="_blank">not all cases</a>, the animals were believed to have returned to the area following construction.</p><p>The biggest concern for conservation groups in the United States is the critically endangered North American right whale. There are fewer than 400 remaining, and the species' habitat overlaps with a number of planned wind development areas along the East Coast.</p><p>"Offshore wind is in no way the cause of the challenges the whales face, but it's going to be another pressure point," says John Rogers, senior energy analyst for the Union of Concerned Scientists.</p><p>Researchers aren't sure how right whales will respond to the noise from pile driving.</p><p>"But we are concerned, based on what we know about how whales react to other noise sources, that they may avoid [wind development] areas," says Kershaw.</p><p>And if that displacement causes them to miss out on important food resources, it could be dangerous for a species already on the brink.</p><p>There are a few other potential threats, too.</p><p>Ships associated with the development — more plentiful during construction — also pose a danger. In the past few years cargo ships, fishing boats and other vessels have caused half of all deaths of North Atlantic right whales.</p>
A juvenile right whale breaches against the backdrop of a ship near the St. Johns River entrance. Florida Fish and Wildlife Conservation Commission / NOAA Research Permit #775-1600-10<p>And after construction, the noise from the spinning turbines will be present in the water at low decibels. "We don't quite know how the great whales will react to those sounds," says Jeremy Firestone, the director of the Center for Research in Wind at the University of Delaware.</p><p>Other marine mammals may also perceive the noise, but at low decibels it's unlikely to be an impediment, <a href="http://www.int-res.com/abstracts/meps/v309/p279-295/" target="_blank">research has found</a>.</p><p>And it's possible that wind development could help some ocean life. Turbine foundations can attract fish and invertebrates for whom hard substrates create habitat complexity — known as the "reef effect," according to researchers from the University of Rhode Island's <a href="https://dosits.org/animals/effects-of-sound/anthropogenic-sources/wind-turbine/" target="_blank" rel="noopener noreferrer">Discovery of Sound in the Sea</a> program. Exclusion of commercial fishing nearby may also help shelter fish and protect marine mammals from entanglements in fishing gear.</p>
Ensuring Safe Development<p>Despite the potential dangers, researchers have gathered a few best practices to help diminish and possibly eliminate some risks.</p><p>When it comes to ship strikes, the easiest thing is to slow boats down, mandating a speed of <a href="https://biologicaldiversity.org/w/news/press-releases/vessel-speed-limits-sought-protect-endangered-north-atlantic-right-whales-2020-08-06/" target="_blank">10 knots</a> in wind development areas, and using visual and acoustic monitoring for whales.</p><p>Adjusting operations to reduce boat trips between the shore and the wind development will also help. A new series of service operating vessels can allow maintenance staff to spent multiple days onsite, says Kershaw, cutting down on boat traffic.</p><p>For construction noise concerns, developers can avoid pile driving during times of the year when whales are present. And, depending on the marine environment, developers could use "quiet foundations" that don't require pile driving. These include gravity-based or suction caisson platforms.</p><p>Floating turbines are also used in deep water, where they're effectively anchored in place — although that poses its own potential danger. "We have concerns that marine debris could potentially become entangled around the mooring cables of the floating arrays and pose a secondarily entanglement risk to some species," says Felton, who thinks more research should be conducted before those become operational in U.S. waters — a process that's already underway in Maine, where a <a href="https://composites.umaine.edu/2020/08/05/diamond-offshore-wind-rwe-renewables-join-the-university-of-maine-to-lead-development-of-maine-floating-offshore-wind-demonstration-project/" target="_blank" rel="noopener noreferrer">demonstration project is being built</a>.</p><p>If loud noises are unavoidable during construction, noise-reducing technologies such as bubble curtains can help dampen the sound. And scheduling adjacent projects to conduct similar work at the same time could limit the duration of disturbances.</p>
The foundation installation of the off shore wind farm Sandbank using a bubble curtain. Vattenfall / Ulrich Wirrwa / CC BY-NC-ND 2.0<p>Once turbines become operational, reducing the amount of light on wind platforms or using flashing lights could help deter some seabirds, NRDC <a href="https://www.nrdc.org/sites/default/files/harnessing-wind-advance-wind-power-offshore-ib.pdf" target="_blank" rel="noopener noreferrer">researchers reported</a>. And scientists are exploring using ultrasonic noises and ultraviolet lighting to keep bats away. "Feathering," or shutting down the turbine blades during key migration times, could also help prevent fatalities.</p><p>"We need to make sure that offshore wind is the best steward it can be of the marine ecosystem, because we want and expect it to be a significant part of the clean energy picture in some parts of the country," says Rogers. "We also have to recognize that we're going to learn by doing, and that some of these things we're going to figure out best once we have more turbines in the water."</p><p>That's why environmental groups say it's important to establish baseline information on species before projects begin, and then require developers to conduct monitoring during construction and for years after projects are operational.</p><p>Employing an "adaptive management framework" will ensure that developers can adjust their management practices as they go when new information becomes available, and that those best practices are incorporated into the requirements for future projects.</p>
Putting Research Into Action<p>Advancing these conversations at the federal level during the Trump administration, though, has been slow going.</p><p>"We didn't really have any productive discussions with the administration in the last four years," says Kershaw.</p><p>And when it comes to birds, Felton says the Bureau of Ocean Energy Management's recently completed "draft cumulative environmental impact statement" covering offshore wind developments had a lot of good environmental research, but little focus on birds.</p><p>"Part of that comes from the current administration's interpretation of the Migratory Bird Treaty Act," she says.</p><p>President Trump has been hostile to both wind energy <em>and</em> birds, <a href="https://www.nytimes.com/2021/01/05/climate/trump-migratory-bird-protections.html" target="_blank">and finished gutting the Migratory Bird Treaty Act</a> in his administration's the final days, removing penalties for companies whose operations kill migratory birds.</p><p>There's hope that the Biden administration will take a different approach. But where the federal government has been lacking lately, Kershaw says, they've seen states step up.</p><p>New York, for example, has established an <a href="https://www.nyetwg.com/" target="_blank" rel="noopener noreferrer">Environmental Technical Working Group</a> composed of stakeholders to advise on environmentally responsible development of offshore wind.</p><p>The group is led by the New York State Energy Research and Development Authority, but it isn't limited to the Empire State. It's regional in focus and includes representatives from wind developers with leases between Massachusetts and North Carolina; state agencies from Massachusetts to Virginia; federal agencies; and science-based environmental NGOs.</p><p>New York's latest solicitation for clean energy projects includes up to 2,500 megawatts of offshore wind and <a href="https://www.nyetwg.com/announcements" target="_blank" rel="noopener noreferrer">requires developers</a> to contribute at least $10,000 per megawatt for regional monitoring of fisheries and other wildlife.</p><p>Environmental groups have also worked directly with developers, including an agreement with Vineyard Wind — an 800-megawatt project off the Massachusetts coast that could be the first utility-scale wind development in federal waters — to help protect North Atlantic right whales.</p><p>The agreement includes no pile driving from Jan. 1 to April 30, ceasing activities at other times when whales are visually or acoustically identified in the area, speed restrictions on vessels, and the use of noise reduction technology, such as a bubble curtain during pile driving.</p><p>"The developers signed the agreement with us, and then they incorporated, most, if not all of those measures into the federal permitting documents," says Kershaw. "The developers really did a lot of bottom up work to make sure that they were being very protective of right whales."</p><p>Environmental groups are in talks with other developers on agreements too, but Felton wants to see best practices being mandated at the federal level.</p><p>"It's the sort of a role that should be being played by the federal government, and without that it makes the permitting and regulation process less stable and less transparent," she says." And that in turn slows down the build out of projects, which is also bad for birds because it doesn't help us address and mitigate for climate change."</p><p>Kershaw agrees there's a lot more work to be done, especially at the federal level, but thinks we're moving in the right direction.</p><p>"I think the work that's been done so far in the United States has really laid the groundwork for advancing this in the right way and in a way that's protective of species and the environment," she says. "At the same time, it's important that offshore wind does advance quickly. We really need it to help us combat the worst effects of climate change."</p><p><em><a href="https://therevelator.org/author/taralohan/" target="_blank" rel="noopener noreferrer">Tara Lohan</a> is deputy editor of The Revelator and has worked for more than a decade as a digital editor and environmental journalist focused on the intersections of energy, water and climate. Her work has been published by The Nation, American Prospect, High Country News, Grist, Pacific Standard and others. She is the editor of two books on the global water crisis.</em></p><p><em style="">Reposted with permission from <a href="https://therevelator.org/offshore-wind-wildlife" target="_blank" style="">The Revelator</a>. </em></p>
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EcoWatch Daily Newsletter
By Frank La Sorte and Kyle Horton
Millions of birds travel between their breeding and wintering grounds during spring and autumn migration, creating one of the greatest spectacles of the natural world. These journeys often span incredible distances. For example, the Blackpoll warbler, which weighs less than half an ounce, may travel up to 1,500 miles between its nesting grounds in Canada and its wintering grounds in the Caribbean and South America.
Blackpoll warbler. PJTurgeon / Wikipedia<p>We used this information to determine how the number of migratory bird species varies based on each city's level of <a href="https://www.britannica.com/science/light-pollution" target="_blank" rel="noopener noreferrer">light pollution</a> – brightening of the night sky caused by artificial light sources, such as buildings and streetlights. We also explored how species numbers vary based on the quantity of tree canopy cover and impervious surface, such as concrete and asphalt, within each city. Our findings show that cities can help migrating birds by planting more trees and reducing light pollution, especially during spring and autumn migration.</p>
Declining Bird Populations<p>Urban areas contain numerous dangers for migratory birds. The biggest threat is the risk of <a href="https://doi.org/10.1650/CONDOR-13-090.1" target="_blank">colliding with buildings or communication towers</a>. Many migratory bird populations have <a href="http://dx.doi.org/10.1126/science.aaw1313" target="_blank">declined over the past 50 years</a>, and it is possible that light pollution from cities is contributing to these losses.</p><p>Scientists widely agree that light pollution can <a href="https://doi.org/10.1073/pnas.1708574114" target="_blank">severely disorient migratory birds</a> and make it hard for them to navigate. Studies have shown that birds will cluster around brightly lit structures, much like insects flying around a porch light at night. Cities are the <a href="https://doi.org/10.1002/fee.2029" target="_blank" rel="noopener noreferrer">primary source of light pollution for migratory birds</a>, and these species tend to be more abundant within cities <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/gcb.13792" target="_blank" rel="noopener noreferrer">during migration</a>, especially in <a href="https://doi.org/10.1016/j.landurbplan.2020.103892" target="_blank" rel="noopener noreferrer">city parks</a>.</p>
Composite image of the continental U.S. at night from satellite photos. NASA Earth Observatory images by Joshua Stevens, using Suomi NPP VIIRS data from Miguel Román, NASA's Goddard Space Flight Center
The Power of Citizen Science<p>It's not easy to observe and document bird migration, especially for species that migrate at night. The main challenge is that many of these species are very small, which limits scientists' ability to use electronic tracking devices.</p><p>With the growth of the internet and other information technologies, new data resources are becoming available that are making it possible to overcome some of these challenges. <a href="https://doi.org/10.1038/d41586-018-07106-5" target="_blank">Citizen science initiatives</a> in which volunteers use online portals to enter their observations of the natural world have become an important resource for researchers.</p><p>One such initiative, <a href="https://ebird.org/home" target="_blank" rel="noopener noreferrer">eBird</a>, allows bird-watchers around the globe to share their observations from any location and time. This has produced one of the <a href="https://doi.org/10.1111/ecog.04632" target="_blank" rel="noopener noreferrer">largest ecological citizen-science databases in the world</a>. To date, eBird contains over 922 million bird observations compiled by over 617,000 participants.</p>
Light Pollution Both Attracts and Repels Migratory Birds<p>Migratory bird species have evolved to use certain migration routes and types of habitat, such as forests, grasslands or marshes. While humans may enjoy seeing migratory birds appear in urban areas, it's generally not good for bird populations. In addition to the many hazards that exist in urban areas, cities typically lack the food resources and cover that birds need during migration or when raising their young. As scientists, we're concerned when we see evidence that migratory birds are being drawn away from their traditional migration routes and natural habitats.</p><p>Through our analysis of eBird data, we found that cities contained the greatest numbers of migratory bird species during spring and autumn migration. Higher levels of light pollution were associated with more species during migration – evidence that light pollution attracts migratory birds to cities across the U.S. This is cause for concern, as it shows that the influence of light pollution on migratory behavior is strong enough to increase the number of species that would normally be found in urban areas.</p><p>In contrast, we found that higher levels of light pollution were associated with fewer migratory bird species during the summer and winter. This is likely due to the scarcity of suitable habitat in cities, such as large forest patches, in combination with the adverse affects of light pollution on bird behavior and health. In addition, during these seasons, migratory birds are active only during the day and their populations are largely stationary, creating few opportunities for light pollution to attract them to urban areas.</p>
Trees and Pavement<p>We found that tree canopy cover was associated with more migratory bird species during spring migration and the summer. Trees provide important habitat for migratory birds during migration and the breeding season, so the presence of trees can have a strong effect on the number of migratory bird species that occur in cities.</p><p>Finally, we found that higher levels of impervious surface were associated with more migratory bird species during the winter. This result is somewhat surprising. It could be a product of the <a href="https://www.epa.gov/heatislands" target="_blank">urban heat island effect</a> – the fact that structures and paved surfaces in cities absorb and reemit more of the sun's heat than natural surfaces. Replacing vegetation with buildings, roads and parking lots can therefore make cities significantly warmer than surrounding lands. This effect could reduce cold stress on birds and increase food resources, such as insect populations, during the winter.</p><p>Our research adds to our understanding of how conditions in cities can both help and hurt migratory bird populations. We hope that our findings will inform urban planning initiatives and strategies to reduce the harmful effects of cities on migratory birds through such measures as <a href="https://www.arborday.org/programs/treecityusa/index.cfm" target="_blank" rel="noopener noreferrer">planting more trees</a> and initiating <a href="https://aeroecolab.com/uslights" target="_blank" rel="noopener noreferrer">lights-out programs</a>. Efforts to make it easier for migratory birds to complete their incredible journeys will help maintain their populations into the future.</p><p><em><span style="background-color: initial;"><a href="https://theconversation.com/profiles/frank-la-sorte-1191494" target="_blank">Frank La Sorte</a> is a r</span>esearch associate at the </em><em>Cornell Lab of Ornithology, Cornell University. <a href="https://theconversation.com/profiles/kyle-horton-1191498" target="_blank">Kyle Horton</a> is an assistant professor of Fish, Wildlife, and Conservation Biology at the Colorado State University.</em></p><p><em></em><em>Disclosure statement: Frank La Sorte receives funding from The Wolf Creek Charitable Foundation and the National Science Foundation (DBI-1939187). K</em><em>yle Horton 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/cities-can-help-migrating-birds-on-their-way-by-planting-more-trees-and-turning-lights-off-at-night-152573" target="_blank">The Conversation</a>. </em></p>
By Lynne Peeples
Editor's note: This story is part of a nine-month investigation of drinking water contamination across the U.S. The series is supported by funding from the Park Foundation and Water Foundation. Read the launch story, "Thirsting for Solutions," here.
In late September 2020, officials in Wrangell, Alaska, warned residents who were elderly, pregnant or had health problems to avoid drinking the city's tap water — unless they could filter it on their own.
Unintended Consequences<p>Chemists first discovered disinfection by-products in treated drinking water in the 1970s. The trihalomethanes they found, they determined, had resulted from the reaction of chlorine with natural organic matter. Since then, scientists have identified more than 700 additional disinfection by-products. "And those only represent a portion. We still don't know half of them," says Richardson, whose lab has identified hundreds of disinfection by-products. </p>
What’s Regulated and What’s Not?<p>The U.S. Environmental Protection Agency (EPA) currently regulates 11 disinfection by-products — including a handful of trihalomethanes (THM) and haloacetic acids (HAA). While these represent only a small fraction of all disinfection by-products, EPA aims to use their presence to indicate the presence of other disinfection by-products. "The general idea is if you control THMs and HAAs, you implicitly or by default control everything else as well," says Korshin.</p><p>EPA also requires drinking water facilities to use techniques to reduce the concentration of organic materials before applying disinfectants, and regulates the quantity of disinfectants that systems use. These rules ultimately can help control levels of disinfection by-products in drinking water.</p>
Click the image for an interactive version of this chart on the Environmental Working Group website.<p>Still, some scientists and advocates argue that current regulations do not go far enough to protect the public. Many question whether the government is regulating the right disinfection by-products, and if water systems are doing enough to reduce disinfection by-products. EPA is now seeking public input as it considers potential revisions to regulations, including the possibility of regulating additional by-products. The agency held a <a href="https://www.epa.gov/dwsixyearreview/potential-revisions-microbial-and-disinfection-byproducts-rules" target="_blank">two-day public meeting</a> in October 2020 and plans to hold additional public meetings throughout 2021.</p><p>When EPA set regulations on disinfection by-products between the 1970s and early 2000s, the agency, as well as the scientific community, was primarily focused on by-products of reactions between organics and chlorine — historically the most common drinking water disinfectant. But the science has become increasingly clear that these chlorinated chemicals represent a fraction of the by-product problem.</p><p>For example, bromide or iodide can get caught up in the reaction, too. This is common where seawater penetrates a drinking water source. By itself, bromide is innocuous, says Korshin. "But it is extremely [reactive] with organics," he says. "As bromide levels increase with normal treatment, then concentrations of brominated disinfection by-products will increase quite rapidly."</p><p><a href="https://pubmed.ncbi.nlm.nih.gov/15487777/" target="_blank">Emerging</a> <a href="https://pubs.acs.org/doi/10.1021/acs.est.7b05440" target="_blank" rel="noopener noreferrer">data</a> indicate that brominated and iodinated by-products are potentially more harmful than the regulated by-products.</p><p>Almost half of the U.S. population lives within 50 miles of either the Atlantic or Pacific coasts, where saltwater intrusion can be a problem for drinking water supplies. "In the U.S., the rule of thumb is the closer to the sea, the more bromide you have," says Korshin, noting there are also places where bromide naturally leaches out from the soil. Still, some coastal areas tend to be spared. For example, the city of Seattle's water comes from the mountains, never making contact with seawater and tending to pick up minimal organic matter.</p><p>Hazardous disinfection by-products can also be an issue with desalination for drinking water. "As <a href="https://ensia.com/features/can-saltwater-quench-our-growing-thirst/" target="_blank" rel="noopener noreferrer">desalination</a> practices become more economical, then the issue of controlling bromide becomes quite important," adds Korshin.</p>
Other Hot Spots<p>Coastal areas represent just one type of hot spot for disinfection by-products. Agricultural regions tend to send organic matter — such as fertilizer and animal waste — into waterways. Areas with warmer climates generally have higher levels of natural organic matter. And nearly any urban area can be prone to stormwater runoff or combined sewer overflows, which can contain rainwater as well as untreated human waste, industrial wastewater, hazardous materials and organic debris. These events are especially common along the East Coast, notes Sydney Evans, a science analyst with the nonprofit Environmental Working Group (EWG, a collaborator on <a href="https://ensia.com/ensia-collections/troubled-waters/" target="_blank">this reporting project</a>).</p><p>The only drinking water sources that might be altogether free of disinfection by-products, suggests Richardson, are private wells that are not treated with disinfectants. She used to drink water from her own well. "It was always cold, coming from great depth through clay and granite," she says. "It was fabulous."</p><p>Today, Richardson gets her water from a city system that uses chloramine.</p>
Toxic Treadmill<p>Most community water systems in the U.S. use chlorine for disinfection in their treatment plant. Because disinfectants are needed to prevent bacteria growth as the water travels to the homes at the ends of the distribution lines, sometimes a second round of disinfection is also added in the pipes.</p><p>Here, systems usually opt for either chlorine or chloramine. "Chloramination is more long-lasting and does not form as many disinfection by-products through the system," says Steve Via, director of federal relations at the American Water Works Association. "Some studies show that chloramination may be more protective against organisms that inhabit biofilms such as Legionella."</p>
Alternative Approaches<p>When he moved to the U.S. from Germany, Prasse says he immediately noticed the bad taste of the water. "You can taste the chlorine here. That's not the case in Germany," he says.</p><p>In his home country, water systems use chlorine — if at all — at lower concentrations and at the very end of treatment. In the Netherlands, <a href="https://dwes.copernicus.org/articles/2/1/2009/dwes-2-1-2009.pdf" target="_blank">chlorine isn't used at all</a> as the risks are considered to outweigh the benefits, says Prasse. He notes the challenge in making a convincing connection between exposure to low concentrations of disinfection by-products and health effects, such as cancer, that can occur decades later. In contrast, exposure to a pathogen can make someone sick very quickly.</p><p>But many countries in Europe have not waited for proof and have taken a precautionary approach to reduce potential risk. The emphasis there is on alternative approaches for primary disinfection such as ozone or <a href="https://www.pbs.org/wgbh/nova/article/eco-friendly-way-disinfect-water-using-light/" target="_blank" rel="noopener noreferrer">ultraviolet light</a>. Reverse osmosis is among the "high-end" options, used to remove organic and inorganics from the water. While expensive, says Prasse, the method of forcing water through a semipermeable membrane is growing in popularity for systems that want to reuse wastewater for drinking water purposes.</p><p>Remucal notes that some treatment technologies may be good at removing a particular type of contaminant while being ineffective at removing another. "We need to think about the whole soup when we think about treatment," she says. What's more, Remucal explains, the mixture of contaminants may impact the body differently than any one chemical on its own. </p><p>Richardson's preferred treatment method is filtering the water with granulated activated carbon, followed by a low dose of chlorine.</p><p>Granulated activated carbon is essentially the same stuff that's in a household filter. (EWG recommends that consumers use a <a href="https://www.ewg.org/tapwater/reviewed-disinfection-byproducts.php#:~:text=EWG%20recommends%20using%20a%20home,as%20trihalomethanes%20and%20haloacetic%20acids." target="_blank" rel="noopener noreferrer">countertop carbon filter</a> to reduce levels of disinfection by-products.) While such a filter "would remove disinfection by-products after they're formed, in the plant they remove precursors before they form by-products," explains Richardson. She coauthored a <a href="https://pubs.acs.org/doi/10.1021/acs.est.9b00023" target="_blank" rel="noopener noreferrer">2019 paper</a> that concluded the treatment method is effective in reducing a wide range of regulated and unregulated disinfection by-products.</p><br>
Greater Cincinnati Water Works installed a granulated activated carbon system in 1992, and is still one of relatively few full-scale plants that uses the technology. Courtesy of Greater Cincinnati Water Works.<p>Despite the technology and its benefits being known for decades, relatively few full-scale plants use granulated active carbon. They often cite its high cost, Richardson says. "They say that, but the city of Cincinnati [Ohio] has not gone bankrupt using it," she says. "So, I'm not buying that argument anymore."</p><p>Greater Cincinnati Water Works installed a granulated activated carbon system in 1992. On a video call in December, Jeff Swertfeger, the superintendent of Greater Cincinnati Water Works, poured grains of what looks like black sand out of a glass tube and into his hand. It was actually crushed coal that has been baked in a furnace. Under a microscope, each grain looks like a sponge, said Swertfeger. When water passes over the carbon grains, he explained, open tunnels and pores provide extensive surface area to absorb contaminants.</p><p>While the granulated activated carbon initially was installed to address chemical spills and other industrial contamination concerns in the Ohio River, Cincinnati's main drinking water source, Swertfeger notes that the substance has turned out to "remove a lot of other stuff, too," including <a href="https://ensia.com/features/drinking-water-contamination-pfas-health/" target="_blank" rel="noopener noreferrer">PFAS</a> and disinfection by-product precursors.</p><p>"We use about one-third the amount of chlorine as we did before. It smells and tastes a lot better," he says. "The use of granulated activated carbon has resulted in lower disinfection by-products across the board."</p><p>Richardson is optimistic about being able to reduce risks from disinfection by-products in the future. "If we're smart, we can still kill those pathogens and lower our chemical disinfection by-product exposure at the same time," she says.</p><p><em>Reposted with permission from </em><em><a href="https://ensia.com/features/drinking-water-disinfection-byproducts-pathogens/" target="_blank">Ensia</a>. </em><a href="https://www.ecowatch.com/r/entryeditor/2649953730#/" target="_self"></a></p>
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One city in New Zealand knows what its priorities are.
Dunedin, the second largest city on New Zealand's South Island, has closed a popular road to protect a mother sea lion and her pup, The Guardian reported.