Philip Morris
How A Rebellion Over Environmental Rules Grew From A Patch of Weeds
Fields
- Author
- Schneider, K.
- Type
- NEWS, NEWS ARTICLE
- Area
- GOVT AFFAIRS/CARLSTADT
- Litigation
- Feda/Produced
- Characteristic
- EXTR, EXTRA
- Site
- N925
- Named Organization
- Assn of Ca Water Agencies
- Columbus City Treasury
- Columbus Health Dept
- Congress
- Epa, Environmental Protection Agency
- Mi State Univ
- Natl League of Cities
- Ne Dept of Health
- Office of Management + Budget
- Columbus City Treasury
- Author (Organization)
- Ny Times
- Named Person
- Bush
- Chafee, J.H.
- Clinton
- Cooper, W.
- Lapp, R.E.
- Pompih, M.J.
- Pour, A.
- Prothro, M.G.
- Reilly, W.K.
- Rinehart, D.B.
- Chafee, J.H.
- Master ID
- 2074143969/4221
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- Date Loaded
- 04 Dec 2002
- UCSF Legacy ID
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Document Images
~ Haw a Rebellion Over Environmental euneg
3
*
Rules Grew From a Patch of Weeds
ByKE1THSCHNEIDER
Spmolm Tee new Tud, nmee
COLUMBUS,Ohro-Thiscitvdrdconcluded that the largest sums of
n't want to pave paradise for a parkmoney were being spent on the least
mglor. itjustwanteorocoverapatch threatenrngenvtronmentaiprobiems,
of weeds and mud behind the Short like exposure to toxic and radioactive
Street garage, where the cny main- wastes. In the view of these state
tams its fleet of police cruisers and panels, more important environmen-
garbage truckss tal issues, like damage to farmland
But two years ago, cuy engineers and finests. were being largely ig-
here in Ohio's capital discovered nored,
traces of chemicals in the dirt and "We re really Just about at the end
learned that the Federal hazardous- of the reducttonsrn risk that you can
waste law might require a $2 million achieve by the conventional ap-
cleanup before the hrsl ounce of proach, which is to crank down on the
pavement could be laid. Right then, a polluuon coming out of the end of the
forgettable little slretch of urban prpe," said Dr. William Cooper, an
America became the focus of anger ecologist at Michigan State Universi-
and exasperation so profound thatit ty who helped lead his state's study,
started a national campaign among "Now we're into more subtle issues.
cities and states. How clean do we really want our
After the city issued a report on its environment? How much are we real-
problems, all of a sudden Columbus's ly willing to pay for it?"
leaders were joined by hundreds of
city officials, state leaders and many
private homeowners across the caun-
try as they advocate a cause lhat
until now big business has been argu-
ing most forcefullyr that many of the
nation's envtronmental regulations
bring enormous expense for little real
benefit.
Although mdependent safety spe-
ralrsts said the chemical concentra-
ttuns were too small m cause any
harm. Federal law dchned several of
the compounds as hazardous and re-
quired that they be removed, if de-
tectable in the soil at all.
What the Law rMwvndea
In effect, the law requfred the city
to take these expensive et":
9DIg up [.4 million pounds of dlrt
containing no more than a few pounds
of toxic chemicals from a patch of
ground no larger than a baseball dia.
mond.
45hip that dut 1,500 miles south tn
Texas to he burned in un incinerator
4lnstall detecuon equipment to
monitor the air for up to 25 years for
traces of any contaminants that
might remain.
All this, the engineers asked, to
expand a parking lot?
They called a meeting at City Hall,
and that led to the Arst malor study to
identify the cost of complying with
Federal environmental regulations.
When It was completed, the study
showed that environmental custs
were about to swamp Columbus in
red ink - or'generale a taxpayer
revolt.
Now nearly 1,000 other cities have
asked to see the report And prompt-
ed by the Columbus study, the Nation-
al League of Cities has made updat-
ing the nation's environmental laws
- and through that reducing costs -
one of its top five political priorities in
Washington
In January, mavors from 114 cities
in 49 stams opened the campaign by
sending Presrdent Clinton a letter
urging the White House to focus nn
how environmental pohcy-maktng
had, in their view, gone awry.
"Not only tlo we som<umes pay too
much to solve environmental prob-
lems, we've been known tn confront
the wrong problems for the wrong
reasons with the wrong technology,"
the mayors said.
During the Bush Administration,
William K. Reilly, the Administrator
of the Environmental Protection
Agency, offered public support for
thts campaign and even began offerv
tng grants to states that wanted to reevaluate their environmental prion-
ues
With that money. Michigan and
Vermont were among the hrst to appotnt panels afcitrzens and sctenttsts
l0 examine envlronmenlal po11Cy. In
published reporls, bath state's panels
The Seeds
Benefits Are Vague
As Policy Shifts
The seeds of this grass-roots push
lav in the Federal Government's shrft
in focus over the last 15 vears f]'om
promoting broad envrronmental
guals (purifying the air, cleansing rhe
water) to regulating speciftc toxic
substances: dioxin, asbestos and doz-
ens of other compounds tound at
traae levels In drinking water, chemi-
ca4waste sHes and the lika
Controlling the kind of pollution
' that poured out of automobile tail-
pipes or factory smokestacks, and
stopping waste discharges into rivers
and streams, showed clear soclal
benefits. And so public acceptance
usually came easily.
But the improvements in health or
emvronmental safety from the more
recent effuns have been less ohvrous,
sctenosts continue to debate how
dangerous dioxin may really be. An
industrial byproduct, dioxin was once
considered the most toxic substance
known to man. Reducing dioxin levels
to the Federal standard - less than
13 parts per quintillion in drinking
water, the equivalent of a single drop
in lake Michigan - is difficult and
terribly expensive, even though nu
one really knows what, if any, bene-
fit5 result.
More than 10 years ago, the Fed-
eral Government adopted the view
that when there is any doubt, it is
better to take the prudent approach
than do nothing. But a decade later,
the economlc costs of this policy are
painfully clear while the benefits re-
main largely unmeasurabte.
Last year, home owners, farmers,
miners and timber industry workers
roared into Washington and brought
to a standstill Congressional efforts
to reauthorize the Endangered Spe-
cres Act and the Clean Water Act, two
of the laws that form the toundauon
of American environmental policy.
President Bush focused on this theme
during his reelection campaign,
largely siding with these protesters.
This year, city and state leaders
have joined in a campaign to write
into environmental statutes a provi-
ston requirmg the Federal Govern-
ment m evaluate scientific evrnence
and the cost to communities before
resurng any new environmental direo
uves.
Leaders of the major envrronmen-
tai groups are fighting this idea. Thev
areue that n would set a level of proof
so difficult to meet that the Oovern-
mem could nm write new regulatlons
unul people started dytng.
But backers of the provrsion assert
I
Reguiation and the Price per Llfe
~ Two years ago, the Office of Mangement and Budget tried to !
estimate the cost of certain environmental and safety regulations by !
dividing the cost of enforcing each rule by the number of lives it I
appeared to save. The estimate is highly sublective 5snoe it is ,
virtually impossible to know now many lives might have been lost ''
without a certain rulee to addiLonn tlle analysis d,tl not account for i
non-tatal iniurre5. But this cost-benetn analyss d,d demonstrate the i
Bush Adm,n,stratlon5 attitudes tnwartl tne laws it was enforcing
Now. state and locai governments are distributing this analysis
widely to support tflelu criticism of national environmental pOlicy
Here is a partial list of regulatrons.
Cost Per Prenature
Death Avertad
ReNlntlon In MlfBona of DoRars
Ban on unvented space heaters $ 0.1
Aircraft cabin flre-protection standards . 0.1
Auto passive restrarnUseat belt standards ' 0.1
Trihalomethane drinking water standards 0.2
Aircrah floor emergency ughting standard 0.6 ,
Concrete and masonry construction standards 06 I
_.~._....~_...___...~...._..~._-_...__. _....__._..___ I
Ban on flammable cmldrens sleepwear 0.8 !
Grain dust explosion-prevenoon standards 2,8 I
Rear seat auto lap/shoulder belts 3,2
Ethylene debromide drinking-water standard ' 5.7
Asbestos expoeure limit for workers , , 8.3
Benzene exposure limit for workers 8.9
Standards for electrical equipment in coal mines 9.2
Arsenic emission standards for glass plants 13.5
Ethylene oxide exposure limit for workers 20.5 i
Hazardous-waste lishng for petroleum-
I
refining sludge 27.6
Acrylonitnte exposure limit for workers 51.5
Asbestos exposure limit tor workers 74.9
Arsenic exposure limit Ior workers 106.9
Asbestos ban 110.7
1,2-Oichloropropafre limits in drinking water 653.0
Hazardous waste land-disposal ban 4,190.4
Formaldehyde exposure limit for workers 82,201.8
Standard for atrazme/atachlor in drinking water 92,069.7
Hazardous waste listing for wood
preserving chemicals 5,700,000.0
SourceOX~cedMana9emmraM&A9s! /931
that unless changes are made, public
support fm' envtronmental pmwc-
tions wdl crumble as costs continue
to rise.
The Anger
Counting the Costs
In a City Hall
]t was precisely thts issue of cost
that prompted the Columbus en6r-
neers to can a meeting in January
1991. One parttctpanl, Michael J.
Pompih, who was in charge of the
Columbus Health Department's envr
ronmental-health divtston, had on his
own been quietly studying how much
the cnrv would have lo pay to complv
wrth a new wace or rules coming out
of Washtngton. These were intended
to prevent public exposure to minute
levela of chemicals in air and water.
"The guys were talking about
spending all that money for nothing
at the Short Street garage," he said in
an interview. "They were complain-
ing about the $2 million, And I said,
the issue isn't $2 millton, It's a tot
more than that I told them my guys
had identified millions more in costs
cnywtde to meet Federal envrrom
mental requirements, and where
were we going to gel the money to
meet those mandates?"
Culumbus's Mayor at the time,
Dana Hurk Rinehart, a Republican.
promptly named hir. Pompih chauman of the city team ttlat pubtished

d
0
the environmental study in May 1991. across the country. That led the
7heflp)rt said thet to meet dozens E.P.A. to call radon the most serious
ol Feoeral environmental require- environmental public health threat
ments. Columbus faced $1.3 billion to the nation faced. It was a menace so
$1.6 billion in new expenses from 1991 great, the agency said, that radnn
through the end of the decade, de- was probably causing up to 2QOO0
pending on the inflation rate. Virtual- cases of lung cancer a year.
h all of that money was to come from That estimate has come under in-
the Columbus t'ny treasury. tense criticism from many radl
-
Of the $591 million 1991 city budget, health specialtsts, who have called il
E62 million, or 11 percent, was de- unscientific and wildly exaggerated,
voted to environmental pratections. GoingAhenheWater
That year, the average Columbus
household paid $160 for that purpose. But the E.P.A. ignored the crnlThe study said that by the end
of cism and set an unofficial guideline
the decade, if every Federal requtrefor the amount of radon it considered
ment were met, Columbus's environ. safe in homes. The agency has been
mental budget would more than reluctant to make the limtt kgally
triple, to $218 million, or roughly 27 enforceable because of the backlash
percent of the city's $810 million that some E.P.A. officials feared
budget prolected for the year 2000. from homeowners. Hundreds of tlwu-
The cost to a household for environ- sands would have heen required to
mental protection would be $856 that spend thousands of dollars on venlila-
year - more than the cost of fire or tion equipment to clear radon from
poGce protectian. basements. ' -
"When we came up with these Since the agency was unwilling to
kinds of costs, we also looked far the regulate the air in private homes,
justification and just couldn't find E.P.A, scientists and technical ex-
much there," Mr. Pompdi said. "f perts chose to defend their assess-
had to wonder, Am I out of touch? I ment that radon was a menace by
have worked all my Itfe to protect taking action against the only other
people from envtronmental harm, source in homes: tap water.So the
Am I looking at these tssues in the E.P.A, proposed a legally enforceable
wrong way"' limit on radon in water.
Now',hesaid,"Inolongeraskthose Scientists who have looked at the
questions because I'm convinced thal issue satd the threat tu health irom
we are doing the right thtng." radon in water, if there is one at all,
Mr.POmpiltsaidhewantscleanair can come only from inhaling radon
and water as much as anyone else that e.aporates, particularly during
("This city will not survive without a showering. In other words, the Gov-
clean environmenP'), but he added: ernment was trying to prevent some-
"What bothers me is that the new one from getting lung cancer from
rules coming out of Washington are their morning showers.
taking money from decent programs Independent radiahon-health ex-
and making me waste them on less pm'ts said that In virtually every area
tmportant problems. It ktlls you as a of ine United States, the amount of
city official to see this kind of money radon that evaporates from water is
being spent for nathing." only une-thirtieth to one onehun-
The Revolt
Battling Radon:
Changing Targets
Officials in many other cities feel
the same way. Late last year, Has-
tings.
Neb., began its own review of
environmental costs and concluded
that the single biggest draln on its
' treasury was the jg5 million it woultl
take to build a treatment plant to
meet a proposed E.P.A. rule for re-
g moving radon from the city's water.
Radon is a radioactive gas formed
naturally when radium decays in
rocks and soil. It is frequently found
at trace levels tn water pumped from
the ground, Before the E.P.A. pro-
posal, made under authority of the
Safe Drinking Water Act, almost no
public-health spectahst had constd.
ered radon in drinking water to be
any sort of threat. And for years
Hasungs had been boasting that its
watrr supply was so clean that n
could be pumped from an under-
ground aquifer directly into the
homes of 23,000 residents.
Last year, however, the E.P.A. said
Hastings did have a problem with its
waten Radon levels exceeded the
proposed safety limit. But critics of
the proposal,includtng some agency
officials, said the E.P.A,'S dectston to
tackle the radon issue was an inglori-
ous lesson in the dangers of ustng
weak scientific assumptions to write
an expensive new regulauon, even
while many experts found thc idea
absurd.
dredth ot what ts already naturally in
the air These experts said the reRulaf!on does nothing to protect health
It's a silly thing that E,P.A. is pro-
postng because radon in water is an
insignificant public health hazard,"
said Dr. Ralph E. Lapp, a radiation
physicist in Alexandria, Va., and au.
thor of 22 bonks on radiation and
public heaith,
If the regulation becomes final, the
cost to install filtering equipment in
public water systems in the Unued
States would be $10 billion m120
billion, according to estimates made
by several states. The Assaciatldt'of
California Water Agencies recetitly
estimated that the coat in Glifomta
would approach $4 billion. . -
"How do we explain to nur Yesi-
dents the need for a regulatiomthat
costs as much as this one will and
doesn't provide any public-heelth
benefits?" asked Dr. Adi Pour, the
toxicologist for the Nebraska Depart-
ment of Health. "1f this kind of rulemaking continues, it's going to hurt
public confidert2e in environmental
protection."
The protests prompted Congress
last year to pass legislation spon-
sored by Senator John H, Chafee,
Republican of Rhode Island, that pre-
vented the E.P.A. from makinW+tte
radon rule final until the agency
looked at the benefits and costs again.
When asked about the role, Martha G.
Prothro, the acting Assistant Admin-
istrator for Water at the E.P,A., ac-
knowledged: °Wemavhavegonefur-
ther then we need to in human health
concerns.lt's appropriate to go back
and look at thts proposai."
So for now, Hastings, Neb., has
been given a repl'teve,
Many studies of radon have shown BaekinCnlumbus
that it is harmful only if inhaled at AsforthatparktnglonnColumbuss highleveisoveralongpertud.Almost
City engineers are sull working on
30 years ago, the Government did the problem. One idea they proposed
confirm that uranium mmers in the wastodigupthedirt,turnitaverantl
r West contracted lung cancer after allow the chemicals to evaporate.
~ vears of working in the mines, where But the state said Federal law for
they were exposed to some of the bade that. The engineers then prohighestlevelsofradoneverrecordedo
posed inserting pipes beneath m^
Among those who died, though, it was ground, pumping air to the surface
also trur that many were heavv and trapping and filtering uhemical,
smoker- that are released. The stxre envirmr
-
iheni during the I4k1/'S, the E.P.A. mental agency is Conslqerln2 tnttl
munu smmucam heeh ut rudnn In Iu idea, The esumatrd rnr, . 250000 I,
nercem 4 u:r nnm,.;~ rhev sunmcrl g,nn0on -
ishe 1~'ew vurlc CUM
3 -~ ~- 73
