EPA Is Hiding Information About New Chemicals: Green Groups Sue to Stop the Secrecy
When Congress updated the Toxic Substances Control Act (TSCA) in 2016 for the first time in 40 years, public health and environmental advocates hoped it would be a game-changer for protecting Americans from dangerous chemicals, enabling the U.S. Environmental Protection Agency (EPA) to finally ban harmful substances like asbestos.
But under President Donald Trump, the EPA has consistently failed to take advantage of the new law. It has declined to ban asbestos, and has even violated requirements that it keep the public informed about the approval of new chemicals, an investigation by Earthjustice and the Environmental Defense Fund (EDF) revealed. That's why Earthjustice is representing five environmental groups in a lawsuit filed Wednesday against the EPA.
"Congress reformed TSCA just a few years ago to protect people's health from new chemicals. It said, unequivocally, that the public has a right to know about these chemicals before they are put out on the market," Earthjustice attorney Tosh Sagar said in a press release. "Trump's EPA instead hides health and safety studies and other key information, just so that industry can have it easier. Ignoring TSCA's transparency requirements makes it more likely that dangerous chemicals are reaching our homes and workplaces."
The Earthjustice and EDF investigation, also published Wednesday, reviewed 204 out of around 1,100 chemical applications the EPA had received between August 2016 and April 2019. It also examined all the public notices that the agency issued for around 1,700 new applications through early 2020. It found that the EPA had routinely violated a stipulation of the new TSCA amendment that the public be informed of the approval process for new chemicals so that it could weigh in before the chemical was put on the market.
The agency concealed information in three key ways, the investigation found.
1. It did not inform the public of new applications in a timely manner: The EPA is supposed to notify the public within five days of receiving a new chemical application. However, the investigation found that the average notice was published 87 days after the application was received, even though the EPA has 90 days to approve a chemical. One in six notices were published after the chemical was already approved.
2. The EPA has withheld key safety information: The agency is supposed to publish all applications online, but instead forces the public to request them via a labyrinthine process. Further, it allows companies to redact or withhold health and safety studies as confidential business information (CBI) despite a legal requirement to publicize all health and safety information.
3. The EPA doesn't evaluate CBI claims: The agency is required by law to audit 25 percent of CBI claims to make sure companies are not abusing the designation to withhold important information. It is then supposed to publish its decision. But the EPA has not published any reviews of CBI claims, and has only completed reviews of claims in 27 applications, far below 25 percent of the 1,250 it has completed safety reviews for.
In one case, this secrecy involved a new type of PFAS, a class of chemical already contaminating U.S. drinking water. The EPA's career scientists found that the new substance could cause respiratory illnesses like asthma and alter DNA, leading to cancer. Nevertheless, it was approved in April 2019 and almost all of the documents provided by the company were never shared with the public.
"When it comes to toxic chemicals and Trump's EPA, this secrecy is the norm. It's not just illegal, it puts workers and families across the country at risk," the investigators wrote.
Earthjustice, acting on behalf of EDF, Environmental Health Strategy Center, Center for Environmental Health, Natural Resources Defense Council and Sierra Club, threatened to sue the EPA over the violations in September 2019. The agency promised to improve the application vetting process, but the coalition considered its changes inadequate.
"Unleashing chemicals into the market without proper vetting is like opening Pandora's box," the coalition said in a statement announcing the lawsuit. "EPA must stop hiding key information about the chemicals it is reviewing and put public health above the desires of the chemical industry."The EPA did not comment on a story in The Hill about the lawsuit, saying it did not weigh in on ongoing litigation.
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By Alexandra Rowles
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By Emily Grubert
Natural gas is a versatile fossil fuel that accounts for about a third of U.S. energy use. Although it produces fewer greenhouse gas emissions and other pollutants than coal or oil, natural gas is a major contributor to climate change, an urgent global problem. Reducing emissions from the natural gas system is especially challenging because natural gas is used roughly equally for electricity, heating, and industrial applications.
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What RNG Is and Why it Matters<p>Most equipment that uses energy can only use a single kind of fuel, but the fuel might come from different resources. For example, you can't charge your computer with gasoline, but it can run on electricity generated from coal, natural gas or solar power.</p><p>Natural gas is almost pure methane, <a href="https://www.eia.gov/energyexplained/natural-gas/" target="_blank">currently sourced</a> from raw, fossil natural gas produced from <a href="https://www.eia.gov/energyexplained/natural-gas/where-our-natural-gas-comes-from.php" target="_blank">deposits deep underground</a>. But methane could come from renewable resources, too.</p><p><span></span>Two main methane sources could be used to make RNG. First is <a href="https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks" target="_blank">biogenic methane</a>, produced by bacteria that digest organic materials in manure, landfills and wastewater. Wastewater treatment plants, landfills and dairy farms have captured and used biogenic methane as an energy resource for <a href="http://emilygrubert.org/wp-content/uploads/2019/02/eia_860_2017_map.html" target="_blank">decades</a>, in a form usually called <a href="https://www.eia.gov/energyexplained/biomass/landfill-gas-and-biogas.php" target="_blank">biogas</a>.</p><p>Some biogenic methane is generated naturally when organic materials break down without oxygen. Burning it for energy can be beneficial for the climate if doing so prevents methane from escaping to the atmosphere.</p>
Renewable Isn’t Always Sustainable<p>If RNG could be a renewable replacement for fossil natural gas, why not move ahead? Consumers have shown that they are <a href="https://www.nrel.gov/analysis/green-power.html" target="_blank">willing to buy renewable electricity</a>, so we might expect similar enthusiasm for RNG.</p><p>The key issue is that methane isn't just a fuel – it's also a <a href="https://www.eia.gov/environment/emissions/ghg_report/ghg_overview.php" target="_blank">potent greenhouse gas</a> that contributes to climate change. Any methane that is manufactured intentionally, whether from biogenic or other sources, will contribute to climate change if it enters the atmosphere.</p><p>And <a href="http://doi.org/10.1126/science.aar7204" target="_blank">releases</a> <a href="https://doi.org/10.1016/j.wasman.2019.07.029" target="_blank">will happen</a>, from newly built production systems and <a href="https://theconversation.com/why-methane-emissions-matter-to-climate-change-5-questions-answered-122684" target="_blank">existing, leaky transportation and user infrastructure</a>. For example, the moment you smell gas before the pilot light on a stove lights the ring? That's methane leakage, and it contributes to climate change.</p><p>To be clear, RNG is almost certainly better for the climate than fossil natural gas because byproducts of burning RNG won't contribute to climate change. But doing somewhat better than existing systems is no longer enough to respond to the <a href="https://doi.org/10.1038/nclimate2923" target="_blank">urgency</a> of climate change. The world's <a href="https://www.ipcc.ch/sr15/chapter/spm/" target="_blank">primary international body on climate change</a> suggests we need to decarbonize by 2030 to mitigate the worst effects of climate change.</p>
Scant Climate Benefits<p><a href="https://iopscience.iop.org/article/10.1088/1748-9326/ab9335/meta" target="_blank">My recent research</a> suggests that for a system large enough to displace a lot of fossil natural gas, RNG is probably not as good for the climate as <a href="https://investor.southerncompany.com/information-for-investors/latest-news/latest-news-releases/press-release-details/2020/Southern-Company-Gas-grows-leadership-team-to-focus-on-climate-action-innovation-and-renewable-natural-gas-strategy/default.aspx" target="_blank">is publicly claimed</a>. Although RNG has lower climate impact than its fossil counterpart, likely high demand and methane leakage mean that it probably will contribute to climate change. In contrast, renewable sources such as wind and solar energy do not <a href="https://www.eia.gov/environment/emissions/carbon/" target="_blank">emit climate pollution directly</a>.</p><p>What's more, creating a large RNG system would require building mostly new production infrastructure, since RNG comes from different sources than fossil natural gas. Such investments are both long-term commitments and opportunity costs. They would devote money, political will and infrastructure investments to RNG instead of alternatives that could achieve a zero greenhouse gas emission goal.</p><p>When climate change first <a href="https://www.nytimes.com/1988/06/24/us/global-warming-has-begun-expert-tells-senate.html" target="_blank">broke into the political conversation</a> in the late 1980s, investing in long-lived systems with low but non-zero greenhouse gas emissions was still compatible with aggressive climate goals. Now, zero greenhouse gas emissions is the target, and my research suggests that large deployments of RNG likely won't meet that goal.</p>
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By Charli Shield
When an elephant dies in the wild, it's not uncommon to later find its bones scattered throughout the surrounding landscape.
Elephant Burial Grounds<p>Highly social creatures that form deep familial bonds, elephants have long been observed gathering at the site where a peer or family member has died — often spending hours, even days, quietly investigating the bodies or the bones of other dead elephants.</p><p>Although the popular idea that dying elephants are instinctively drawn to special communal graves — so-called "elephant graveyards" — is a myth, their tendency to go out of their way to visit the bones and tusks of the deceased isn't unlike human rituals at graveyards, says animal psychologist Karen McComb.</p><p>"They spend a lot of time touching and smelling skulls and ivory, placing the soles of their feet gently on top of them, and also lifting them up with their trunks," McComb, who's been studying African elephants for 25 years in Kenya's Amboseli National Park, told DW.</p><p>The most striking part of watching an elephant experience loss, Poole recalls, is the quietude. She still remembers one of the first elephant deaths she witnessed; a mother who birthed a stillborn calf. That elephant stayed with its baby for two days, trying to lift it and defending it from vultures and hyenas.</p><p>"I was so struck by the expression on her face and her body. She looked so dejected. It was really like, 'Oh God, these animals grieve…'. It was just so different," Poole told DW. </p>
Witnessing Emotions in Animals<p>Not all scientists are comfortable concluding that elephants grieve. Among the more than 30 reports of elephant reactions to death that Wittemyer co-reviewed in <a href="https://link.springer.com/article/10.1007/s10329-019-00766-5" target="_blank">a study published in November 2019</a> were accounts of "enormous variation and nuance" he says. "It can be incredibly involved and intricate for extended periods or can be relatively cursory checks."</p><p>In Wittemyer's own experience, it can be difficult not to attribute some kind of emotional experience to the more involved interactions between elephants and their dead.</p><p>He shares the story of an "extraordinary event" involving the death of a 55 year-old matriarch in Kenya in a protected area that happened to be near his place of work. She was visited by multiple unrelated families while she was dying, including another matriarch that exerted such enormous effort attempting to lift her to her feet that she broke her tusk, which Wittemyer says, is "like breaking a tooth." </p><p><span></span>"It was a remarkable example of this heightened emotional state, it was very clearly a very stressful interaction," he says.</p>
A Different Sensory World<p>One factor that limits our ability to fully grasp the way elephants process and respond to loss is our markedly different sensory experiences of the world.</p><p>An elephant's world is fundamentally olfactory — based on smell. Ours is visual. Previous <a href="https://pubmed.ncbi.nlm.nih.gov/25053675/" target="_blank">research</a> has shown elephants possess the most scent receptors of any mammal, and can <a href="https://pubmed.ncbi.nlm.nih.gov/17949977/" target="_blank">use smell</a> to discern the difference between different human tribes from the same local area.</p><p>That could explain why elephants exhibit such interest in sniffing the bones and tusks of others, as a <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1617198/" target="_blank">2005 study</a> from McCombs highlighted. When presented with the skulls and ivory of long-dead elephants and those from other large herbivores, including rhino and buffalo, McCombs and her team found elephants approached and were specifically attracted to the remains of their own species. </p><p>Without access to the smells an elephant picks up on, Wittemyer says "an enormous amount of stuff" could be missed by humans when studying these behaviors.</p>
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