Greenhouse Gases Imperil Health, E.P.A. Announces/Millions in U.S. Drink Dirty Water, Records Show

Greenhouse Gases Imperil Health, E.P.A. Announces
By JOHN M. BRODER
Copyright by The New York Times
Published: December 7, 2009
http://www.nytimes.com/2009/12/08/science/earth/08epa.html?th&emc=th


WASHINGTON — The Environmental Protection Agency on Monday issued a final ruling that greenhouse gases posed a danger to human health and the environment, paving the way for regulation of carbon dioxide emissions from vehicles, power plants, factories, refineries and other major sources.

The announcement was timed to coincide with the opening of the United Nations conference on climate change in Copenhagen, strengthening President Obama’s hand as more than 190 nations struggle to reach a global accord.

The E.P.A.’s administrator, Lisa P. Jackson, said that a 2007 decision by the Supreme Court required the agency to weigh whether carbon dioxide and five other climate-altering gases threatened human health and welfare and, if so, to take steps to regulate them.

She said Monday that the finding was driven by the weight of scientific evidence that the planet was warming and that human activity was largely responsible.

“There have and continue to be debates about how and how quickly climate change will happen if we fail to act,” Ms. Jackson said at a news conference at the E.P.A.’s headquarters. “But the overwhelming amounts of scientific study show that the threat is real.”

Industry groups quickly criticized the decision, saying that the regulation of carbon dioxide, a near-ubiquitous substance, would be legally and technically complex and would impose huge costs across the economy.

In her prepared remarks and in response to questions, Ms. Jackson waded into the current dispute over leaked e-mail messages from a British climate research group that have stirred doubts among a number of people about the integrity of some climate science.

Several Republicans in Congress had asked the E.P.A. to delay the so-called endangerment finding because of questions about the underlying science. Ms. Jackson rejected their plea.

“We know that skeptics have and will continue to try to sow doubts about the science,” she said. “It’s no wonder that many people are confused. But raising doubts — even in the face of overwhelming evidence — is a tactic that has been used by defenders of the status quo for years.”

She said that the agency had reviewed the arguments of some of those skeptics during months of public comment but that none of them had raised significant new issues.

The Obama administration had signaled its intent to issue an endangerment finding for carbon dioxide and five other greenhouse gases (methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) since taking office in January. Ms. Jackson announced a proposed finding in April and has since taken steps to draft the rules needed to back it up.

The administration has used the finding as a prod to Congress, saying that if lawmakers do not act to control greenhouse gas pollution it will use its rule-making power to do so. At the same time, the president and his top environmental aides have said that they prefer such a major step be taken through the legislative process.

The administration struck a deal with automakers last spring to set stricter tailpipe emissions and higher fuel economy standards as part of the greenhouse gas regulation efforts. The E.P.A. has also announced rules requiring all major emitters to report an annual inventory of emissions.

In late September, the agency announced a proposed “tailoring rule” that limits regulation of climate-altering gases to large stationary sources like coal-burning power plants and cement kilns that produce 25,000 tons or more a year of carbon emissions.

Industry groups said that the finding and the proposed regulations would damage the economy and drive jobs overseas. Some groups are likely to file lawsuits challenging the new regulations, which could delay their effective date for some years.

“E.P.A. is moving forward with an agenda that will put additional burdens on manufacturers, cost jobs and drive up the price of energy,” said Keith McCoy, vice president of energy policy at the National Association of Manufacturers.

“Unemployment is hovering at 10 percent, and many manufacturers are struggling to stay in business,” he said. “It is doubtful that the endangerment finding will achieve its stated goal, but it is certain to come at a huge cost to the economy.”

Jeff Holmstead, head of air policy at the E.P.A. under the administration of George W. Bush and now an industry lobbyist, said the finding was mainly symbolic.

“It does not have any immediate effect and does not impose any regulations or requirements on anyone,” he said. “Today’s announcement comes as no surprise and is clearly designed to set the stage for the Copenhagen conference.”

Environmental advocates who have pushed for the finding for years exulted.

“The stage is now set for E.P.A. to hold the biggest global-warming polluters accountable,” said Emily Figdor, federal global-warming program director for Environment America, an activist group.




Millions in U.S. Drink Dirty Water, Records Show
By CHARLES DUHIGG
Copyright by The New York Times
Published: December 7, 2009
http://www.nytimes.com/2009/12/08/business/energy-environment/08water.html?th&emc=th


More than 20 percent of the nation’s water treatment systems have violated key provisions of the Safe Drinking Water Act over the last five years, according to a New York Times analysis of federal data.

That law requires communities to deliver safe tap water to local residents. But since 2004, the water provided to more than 49 million people has contained illegal concentrations of chemicals like arsenic or radioactive substances like uranium, as well as dangerous bacteria often found in sewage.

Regulators were informed of each of those violations as they occurred. But regulatory records show that fewer than 6 percent of the water systems that broke the law were ever fined or punished by state or federal officials, including those at the Environmental Protection Agency, which has ultimate responsibility for enforcing standards.

Studies indicate that drinking water contaminants are linked to millions of instances of illness within the United States each year.

In some instances, drinking water violations were one-time events, and probably posed little risk. But for hundreds of other systems, illegal contamination persisted for years, records show.

On Tuesday, the Senate Environment and Public Works committee will question a high-ranking E.P.A. official about the agency’s enforcement of drinking-water safety laws. The E.P.A. is expected to announce a new policy for how it polices the nation’s 54,700 water systems.

“This administration has made it clear that clean water is a top priority,” said an E.P.A. spokeswoman, Adora Andy, in response to questions regarding the agency’s drinking water enforcement. The E.P.A. administrator, Lisa P. Jackson, this year announced a wide-ranging overhaul of enforcement of the Clean Water Act, which regulates pollution into waterways.

“The previous eight years provide a perfect example of what happens when political leadership fails to act to protect our health and the environment,” Ms. Andy added.

Water pollution has become a growing concern for some lawmakers as government oversight of polluters has waned. Senator Barbara Boxer, Democrat of California, in 2007 asked the E.P.A. for data on Americans’ exposure to some contaminants in drinking water.

The New York Times has compiled and analyzed millions of records from water systems and regulators around the nation, as part of a series of articles about worsening pollution in American waters, and regulators’ response.

An analysis of E.P.A. data shows that Safe Drinking Water Act violations have occurred in parts of every state. In the prosperous town of Ramsey, N.J., for instance, drinking water tests since 2004 have detected illegal concentrations of arsenic, a carcinogen, and the dry cleaning solvent tetrachloroethylene, which has also been linked to cancer.

In New York state, 205 water systems have broken the law by delivering tap water that contained illegal amounts of bacteria since 2004.

However, almost none of those systems were ever punished. Ramsey was not fined for its water violations, for example, though a Ramsey official said that filtration systems have been installed since then. In New York, only three water systems were penalized for bacteria violations, according to federal data.

The problem, say current and former government officials, is that enforcing the Safe Drinking Water Act has not been a federal priority.

“There is significant reluctance within the E.P.A. and Justice Department to bring actions against municipalities, because there’s a view that they are often cash-strapped, and fines would ultimately be paid by local taxpayers,” said David Uhlmann, who headed the environmental crimes division at the Justice Department until 2007.

“But some systems won’t come into compliance unless they are forced to,” added Mr. Uhlmann, who now teaches at the University of Michigan law school. “And sometimes a court order is the only way to get local governments to spend what is needed.”

A half-dozen current and former E.P.A. officials said in interviews that they tried to prod the agency to enforce the drinking-water law, but found little support.

“I proposed drinking water cases, but they got shut down so fast that I’ve pretty much stopped even looking at the violations,” said one longtime E.P.A. enforcement official who, like others, requested anonymity for fear of reprisals. “The top people want big headlines and million-dollar settlements. That’s not drinking-water cases.”

The majority of drinking water violations since 2004 have occurred at water systems serving fewer than 20,000 residents, where resources and managerial expertise are often in short supply.

It is unclear precisely how many American illnesses are linked to contaminated drinking water. Many of the most dangerous contaminants regulated by the Safe Drinking Water Act have been tied to diseases like cancer that can take years to develop.

But scientific research indicates that as many as 19 million Americans may become ill each year due to just the parasites, viruses and bacteria in drinking water. Certain types of cancer — such as breast and prostate cancer — have risen over the past 30 years, and research indicates they are likely tied to pollutants like those found in drinking water.

The violations counted by the Times analysis include only situations where residents were exposed to dangerous contaminants, and exclude violations that involved paperwork or other minor problems.

In response to inquiries submitted by Senator Boxer, the E.P.A. has reported that more than three million Americans have been exposed since 2005 to drinking water with illegal concentrations of arsenic and radioactive elements, both of which have been linked to cancer at small doses.

In some areas, the amount of radium detected in drinking water was 2,000 percent higher than the legal limit, according to E.P.A. data.

But federal regulators fined or punished fewer than 8 percent of water systems that violated the arsenic and radioactive standards. The E.P.A., in a statement, said that in a majority of situations, state regulators used informal methods — like providing technical assistance — to help systems that had violated the rules.

But many systems remained out of compliance, even after aid was offered, according to E.P.A. data. And for over a quarter of systems that violated the arsenic or radioactivity standards, there is no record that they were ever contacted by a regulator, even after they sent in paperwork revealing their violations.

Those figures are particularly worrisome, say researchers, because the Safe Drinking Water Act’s limits on arsenic are so weak to begin with. A system could deliver tap water that puts residents at a 1-in-600 risk of developing bladder cancer from arsenic, and still comply with the law.

Despite the expected announcement of reforms, some mid-level E.P.A. regulators say they are skeptical that any change will occur.

“The same people who told us to ignore Safe Drinking Water Act violations are still running the divisions,” said one mid-level E.P.A. official. “There’s no accountability, and so nothing’s going to change.”


Griffin Palmer contributed reporting.