House Passes Chemical and Water Security Legislation

On November 6, the House of Representatives passed by a vote of 230 to 193, the Chemical and Water Security Act of 2009 . The bill strengthens security at America’s chemical plants and drinking water and wastewater facilities by establishing risk-based and reasonable security standards for these critical assets. H.R. 2868 reauthorizes the Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program, which is slated to expire October 2010, and improves the program in many ways. It also authorizes the EPA to establish similar security programs for drinking water and wastewater facilities.

“I am pleased that the House has acted to close the critical security gap at drinking water facilities and to strengthen security requirements for chemical facilities,” said Rep. Henry A. Waxman, Chairman of the Energy and Commerce Committee. “The Chemical and Water Security Act of 2009 will reduce the risk that chemicals used by our own chemical facilities are turned against us through terrorist attack and other intentional acts. This bill will make our country safer.”

The Chemical and Water Security Act of 2009:

Makes the DHS CFATS program permanent. The legislation strengthens the chemical security program by requiring the review and, in some cases, the implementation of safer technologies, adding enforcement tools, and protecting the right of workers to participate in developing and implementing chemical facility security plans.

• Authorizes EPA to create a risk-based, performance-based program for the water sector similar to the one established by DHS for chemical plants. This gives effect to the regulatory approach that the Obama Administration supports.
• Requires the riskiest chemical facilities, drinking water facilities, and water treatment works to assess and, when appropriate, implement methods to reduce the consequences of a terrorist attack (also known as inherently safer technologies).
• Strengthens the enforcement of the CFATS program by allowing citizens to bring suit against the Secretary of DHS for failure to perform non-discretionary obligations.

“Today the House took decisive action to secure our nation’s chemical plants and drinking water facilities from a potential terrorist attack,” said Rep. Edward J. Markey, Chairman of the Energy and Environment Subcommittee. “This bill will help shore up a potential vulnerability in our defenses, as the same chemicals that help purify our water and make the microchips used in our computers could potentially be turned into weapons of mass destruction. The bill contains language that I have championed for five years that provides authority to require the riskiest facilities to use safer chemicals or processes when they are technologically and economically feasible. This is central to protecting the millions of Americans that live near these facilities—since terrorists cannot blow up what is no longer there.”

EPA Releases Compliance Data on Hazardous Waste and Air Regulations

In addition, the EPA posted data that allows the public, for the first time, to compare toxic releases with compliance data from facilities. This is part of EPA’s ongoing commitment to increase transparency and promote the public’s right to know by improving access to available data.

EPA is making available new summary reports and data from 2004 through 2008 on EPA and state enforcement program performance with Clean Air Act (CAA) and the Resource Conservation and Recovery Act () requirements. The reports include online graphs, trend information on enforcement and compliance in each state, and comparative reports. Data such as compliance monitoring activity, violations discovered, enforcement actions taken, and penalties assessed are available.

EPA also updated the agency’s Enforcement and Compliance Online () Website to allow users to view current information on facility compliance with water, air, and hazardous waste requirements in relation to pollutant release data from EPA’s Toxics Release Inventory and National Emissions Inventory databases. This provides the public with more information on the overall environmental footprint of each facility.

In the agency’s reviews of both EPA and state enforcement program performance, it identified several concerns with some programs, including uneven enforcement response, failure to identify high priority violators, and inadequate penalty assessment. The recommendations that EPA made on how to address these concerns are now available through the ECHO website.

ECHO allows users to find permit, compliance monitoring, violation, enforcement action, and penalty information over the past three years. ECHO provides communities with important enforcement and compliance information about regulated facilities.

The compliance data tells only one part of the story and does not relate directly to overall hazardous waste management or air quality, which has improved in the United States over the past 30 years as the result of local, state, and federal implementation of environmental programs.

NASCAR’s Jeff Gordon Helps Auto Body Shops in the Race to Clean Air

This type of pollution, called toxic air emissions, can cause smog, cancer or other serious health effects.

The DVD, hosted by NASCAR driver Jeff Gordon, includes steps body shops can take to comply with the rule, while improving worker protection and saving the shops money. EPA produced the DVD in both English and Spanish as a supplement to the EPA paint rule training workshops being held for shop owners and employees in many parts of the country.

In December 2007, EPA issued a rule requiring reductions in air toxic emissions from auto body shops that use spray application to paint cars or that use paint strippers containing a toxic substance called methylene chloride. The rule applies to auto painting operations that are smaller emitters, as well as those that emit larger amounts of air toxics. Existing shops must comply with the rule by January 2011; new shops have to comply by 180 days after startup.

 

EPA Proposes New Pesticide Labeling to Control Spray Drift and Protect Human Health

The new instructions, when implemented, will improve the clarity and consistency of pesticide labels and help prevent harm from spray drift. The agency is also requesting comment on a petition to evaluate children’s exposure to pesticide drift.

“The new label statements will help reduce problems from pesticide drift,” said Steve Owens, the assistant administrator for EPA’s Office of Prevention, Pesticides, and Toxic Substances. “The new labels will carry more uniform and specific directions on restricting spray drift while giving pesticide applicators clear and workable instructions.”

The new instructions will prohibit drift that could cause adverse health or environmental effects. Also, on a pesticide-by-pesticide basis, EPA will evaluate scientific information on risk and exposure based on individual product use patterns. These assessments will help the agency determine whether no-spray buffer zones or other measures—such as restrictions on droplet or particle size, nozzle height, or weather conditions—are needed to protect people, wildlife, water resources, schools, and other sensitive sites from potential harm.

A second document provides background information on pesticide drift, a description of current and planned EPA actions, a reader’s guide explaining key terms and concepts, and specific questions on which EPA is seeking input. 

 

In a second Federal Register notice, EPA is also requesting comment on a petition filed recently by environmental and farm worker organizations. The petitioners ask EPA to evaluate children’s exposure to pesticide drift and to adopt, on an interim basis, requirements for “no-spray” buffer zones near homes, schools, day-care centers, and parks. EPA will evaluate this new petition and take whatever action may be appropriate after the evaluation is complete. 

 

EPA Proposes Significant New Use Rules on Multi-walled Carbon Nanotubes and Single-walled Carbon Nanotubes

EPA is proposing significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances which were the subject of premanufacture notices. The two substances are identified generically as multi-walled carbon nanotubes (P-08-177) and single-walled carbon nanotubes (P-08-328).

These substances are subject to TSCA section 5(e) consent orders issued by EPA. The consent orders require protective measures to limit exposures or otherwise mitigate the potential unreasonable risk. The proposed SNURs on these substances are based on and consistent with the provisions in the underlying consent orders. The proposed SNURs designate as a “significant new use” the absence of the protective measures required in the corresponding consent orders. This action would require persons who intend to manufacture, import, or process either of these two substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

EPA is accepting comments on the proposed rule through December 7, 2009.

EPA Fines San Francisco Municipal Transportation Agency $250,000 Following 2005 San Francisco Bay Oil Spill

EPA is taking action against the San Francisco Municipal Transportation Agency (SF Muni) following federal violations of the Clean Water Act (CWA) and RCRA. On behalf of EPA, the Department of Justice has lodged a proposed consent decree with the U.S. District Court for the Northern District of California against the city and county of San Francisco for releasing at least 940 barrels of diesel fuel—some of which entered a tributary of the San Francisco Bay.

The proposed consent decree, subject to a 30-day public comment period, will require the city and county of San Francisco to pay a $250,000 civil penalty. It will also require SF Muni to implement an Incident Command System training program that will improve coordination and communication during future incidents of this nature.

This enforcement action stems from red dye diesel fuel being released from the Woods bus servicing facility, located at 1095 Indiana Street in San Francisco during late November and December of 2005. The EPA estimates at least 39,000 gallons of fuel were released.

The spill originated at the Woods motor coach refueling facility when a faulty hose ruptured and underground storage tanks overflowed. The released diesel fuel ended up in a storm drain where heavy flows from a major December rain storm caused the storm drain to overflow to the storm water line. The fuel then caused an interference with a San Francisco southeast wastewater treatment pump station. From there, some of the fuel spilled into Islais Creek, which drains into Central San Francisco Bay.

“Facility operators must pay rigorous attention to operational practices in order to protect the San Francisco Bay and our coastal resources,” said Laura Yoshii, the EPA’s Acting Regional Administrator for the Pacific Southwest.

The discharge of oil into Islais Creek and interference with the pump station were violations of the CWA. An EPA investigation also revealed that the release of diesel fuel was due to the failure of Muni staff to comply with federal regulations issued under RCRA governing the management of underground storage tanks.

EPA has asserted that SF Muni’s federal RCRA violations include:

• Disabling an audible alarm system intended to alert operators to an ongoing release of diesel
• Failure to respond to flashing yellow alarm lights triggered by tank sensor alarms in full alarm mode
• Failure to maintain a written log noting the status, source, or reason for alarms
• Failure to use fuel inventory controls to monitor and observe that it was losing fuel from, the tanks at a constant conspicuous rate
• Inadequate containment
• A known kink and bulge in a faulty, braided, flexible hose that ultimately failed
• Failure to make timely notify to authorities of the release

Following the December 2005 spill at the Woods facility, the EPA investigated compliance at additional SF Muni bus servicing facilities. EPA inspectors found varying levels of noncompliance with spill prevention requirements at three facilities: the Flynn Facility, the Kirkland Facility, and the Marin Facility.

In addition to the work required by the consent decree, SF Muni has taken steps to decrease the likelihood of any future releases. These include:

• Completing all spill prevention, control, and countermeasure requirements and including installation of adequate containment, and the preparation of spill prevention plans
• Replacing the piping in underground sumps
• Replacing the containment boxes under all diesel and gasoline dispensers
• Repairing alarms
• Installing external alarms with light and horn notifications and a remote alarm monitoring system
• Establishing new procedures to monitor fuel inventory and provide MTA staff supervision for fuel deliveries
• Additional controls in order to quickly identify and respond to releases diesel fuel

The city and county of San Francisco conducted remedial actions to clean up the spill in 2006 and has also taken initiative to evaluate its procedures and upgrade its facilities to prevent further spills.

$19.5 Million Judgment against Shell Oil Co. for Environmental Violations at Gas Stations

After finding hundreds of environmental violations at Shell gasoline stations statewide, California’s Attorney General, Edmund G. Brown Jr., has announced that his office has secured a $19.5 million judgment against the oil company and its affiliates, which will ensure compliance with California’s hazardous waste and underground fuel storage laws.

“Shell Oil Company disregarded the state’s underground fuel storage and hazardous waste laws, committing hundreds of environmental violations at its gasoline stations across California,” Brown said. “This judgment requires the company to pay $19.5 million in penalties, comply with state law and improve its spill monitoring, employee training and hazardous waste management.”

In 2006, the Attorney General’s Office launched a statewide investigation into Shell and its gasoline stations after the San Diego and Riverside County District Attorneys settled cases with the company following numerous underground fuel storage violations. Working with the California State Water Resources Control Board, the Attorney General’s Office investigated more than 1,000 Shell gasoline stations throughout California and uncovered hundreds of violations at the company’s gasoline stations.

Examples of the violations that were discovered include:

• In February 2007, an inspector discovered that a Shell gasoline station located at 4355 Pacheco Blvd. in Martinez failed to properly maintain the required leak detection monitoring system for its gasoline tanks. The Shell station is located next door to the office of the Contra Costa County Hazardous Materials Program.
• In May 2006, an inspector discovered that a Shell gasoline station located at 7899 Greenback Lane in Citrus Heights, 20 miles northeast of Sacramento, failed to properly maintain spill alarms for its gasoline tanks. Inspectors observed similar violations in October 2005, September 2003 and April 2003.
• In August 2005, an inspector discovered that a Shell gasoline station located at 12398 Los Osos Valley Rd. in San Luis Obispo failed to maintain the required leak detection monitoring system for its gasoline tanks.
• In March 2005, an inspector discovered that a Shell gasoline station located at 30245 Agoura Rd. in Agoura Hills failed to properly conduct and maintain secondary containment testing and monitoring for its gasoline tanks. The inspector also found liquid and hazardous substances in the containment sump. Shell’s own inspector found liquid in the sump on previous visits to the station.

The company must also take immediate steps to improve spill and alarm monitoring, employee training, hazardous waste management, and emergency response at its gasoline stations by:

• Implementing a “smart” monitoring system with programmable sensors to monitor for fuel leaks and other environmental alarms
• Utilizing a continuous remote alarm monitoring, diagnosis, and notification system
• Providing annual compliance and emergency response training sessions to employees, contractors, consultants, retailers, and operators
• Implementing risk management software systems to drive improved underground storage tank compliance
• Working with a third-party contractor to manage and oversee Hazardous Material Business Plans and Underground Storage Tank Monitoring Response Plans
• Working with a third-party contractor to provide onsite underground storage tank permitting, registration, and testing services
• Completing a health, safety, security, and environmental checklist to monitor, assess, and address compliance issues
• Maintaining an underground storage tank equipment database and checklist

Attorney General Brown has worked to stop violators of California’s underground fuel storage and hazardous waste laws including taking the following actions:

• In August, Brown and eight district attorneys reached an agreement requiring U-Haul Co., of California to improve the way it handles and disposes of hazardous materials at its 179 regulated facilities throughout the state
• In June, Brown joined 20 district attorneys and the Los Angeles City Attorney in a suit against Target Corp., to block the retailer from continuing to illegally dump hazardous waste in local landfills
• In June, Brown and three district attorneys forged a settlement with Kmart requiring the company to stop disposing toxic substances in landfills and pay more than $8.65 million in civil penalties, costs, and funding for projects to improve environmental protection in California
• In April, Brown filed suit against TravelCenters of America—a national gas station chain—to force the corporation to comply with California’s underground fuel storage laws

The $19.5 million judgment includes: $7.8 million in civil and administrative penalties to district attorneys and regulatory agencies; $5 million in civil penalties to the Attorney General’s Office; $5 million in civil and administrative penalties to the California State Water Resources Control Board; $700,000 to fund the Sacramento County Abandoned Well Restoration Project; $500,000 to the California Climate Action Registry; $400,000 in investigative costs and attorneys’ fees to the Attorney General’s Office; and $100,000 in investigative costs to the California State Water Resources Control Board.

CertainTeed Corp. Fined $230,000 for Operating Without Title V Air Permit

CertainTeed Corp., an asphalt roofing shingles manufacturer in Milan, Ohio, has agreed to obtain an air pollution control permit, measure emissions from its plant, and pay a $230,000 civil penalty for past violations. The company also must continue to follow the preventive maintenance and malfunction abatement plan for the line air pollution control equipment of one of its heaters.

Ohio EPA found the company violated Ohio’s air pollution laws by failing to obtain all necessary permits, emitting air pollutants in excess of the permitted amount and failing to submit all required reports and fees. The case was filed by the Ohio Attorney General’s Office on behalf of Ohio EPA.

Specifically, the complaint alleged the following:

• CertainTeed operated a major air pollution source without obtaining a federally required Title V permit. A Title V permit is required for air pollution sources that emit or have the potential to emit more than 100 tons per year of volatile organic compounds.
• CertainTeed failed to submit Title V fee emission reports from1993-1996. Fee emission reports quantify the actual emission data for particulate matter, sulfur dioxide, organic compounds, nitrogen oxides, and lead.
• CertainTeed installed two new sources of air pollution without first obtaining permits to install. The company later submitted permit-to-install applications to Ohio EPA for both units.
• CertainTeed exceeded allowable emissions limitations for the plant’s filler heater. The company corrected the violation in November 2006.

The company must submit an approvable Title V permit application to Ohio EPA and a plan for measuring and monitoring the organic compound content of all stone received from a local quarry to ensure the material will meet emissions limits during processing. The company also must submit the missing Title V fee emission reports and, after approval of the reports by Ohio EPA, pay the difference between the non-Title V fees already paid and the Title V fees not yet paid.

Of the penalty, $46,000 will be paid to Ohio EPA’s Clean Diesel School Bus Program Fund. The rest of the penalty will be divided among Ohio EPA’s Environmental Education Fund and air pollution control programs.

The consent order also provides for stipulated penalties ranging from $250 to $750 per day if the company fails to comply with any requirement or deadline in the order. 

 

Chilkoot Fish & Caviar, Inc. Facing $177,500 Fine for Discharging Fish Waste without a Permit

EPA has filed a complaint against Chilkoot Fish & Caviar, Inc., for violations of the federal CWA. The violations occurred at Chilkoot’s fish processing plant located in Haines, Alaska. The company, which repeatedly violated its permit over a four year period, could face a penalty of $177,550, the maximum civil penalty allowed under the CWA.

EPA alleges that Chilkoot violated the CWA by discharging fish processing waste into Lutak Inlet without a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit program controls water pollution by regulating sources that discharge pollutants to waters in the United States. The administrative complaint alleges illegal discharge activities from May to October in 2004, 2005, 2006, and 2007.

Fish wastes are the unused portions of the processed fish. The permit requires processors to grind the waste to 1/2 inch size or less. From 2004 through 2007, Chilkoot processed over 824,000 pounds of fish waste.

“Fish processing waste, especially from shore-based facilities, can cause serious harm to the marine environment in the surrounding area,” said Edward Kowalski, EPA’s Director of Compliance and Enforcement in Seattle. “Obtaining and adhering to discharge permits are fundamental rules that must be followed in order to protect Alaska’s waters.”

Fish processing waste from the Chilkoot plant runs into Lutak Inlet. Lutak Inlet is a tributary of Lynn Canal. Both Lutak Inlet and Lynn Canal are considered “navigable waters” and waters of the United States under the CWA.

EPA Fines Wilbur-Ellis Company Nearly $100,000 for Pesticide Law Violations

EPA has fined a California-based national distributor of agricultural products, the Wilbur-Ellis Company, $99,600 for 21 alleged violations of federal pesticide law. The case was the result of investigations conducted by regulators in Arizona, Idaho, Navajo Nation, Ft. Mojave Indian Tribe, and EPA’s Pacific Southwest and Pacific Northwest Regional Offices.

“Through the cooperation of several regulatory agencies, we were able to bring to the attention of this large corporation some serious problems,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Failure to include personal protective equipment requirements on a label for a highly toxic pesticide is a serious violation of federal pesticide laws.”

Following a Fort Mojave Indian Tribe inspector’s discovery of a pesticide product with a single page copy of a label which appeared to be missing several key safety elements, EPA requested that Arizona conduct an inspection of Wilbur-Ellis Company. In 2007, Arizona Department of Agriculture investigators found that the Wilbur-Ellis facility in Ehrenberg, Arizona was distributing and selling a misbranded pesticide, in violation of federal law. A separate inspection in 2008 by Arizona Department of Agriculture investigators found that Wilbur-Ellis was distributing a minimum risk pesticide with a label that failed to meet the regulatory requirements.

Navajo Nation EPA, Idaho Department of Agriculture, and U.S. EPA inspectors found the following significant violations:

• Navajo Nation EPA found Wilbur-Ellis applicators on Navajo Nation were not wearing PPE as required by pesticide labels.
• Numerous pesticides were found to be misbranded by Idaho Department of Agriculture and U.S. EPA Region 10 inspectors. Among the misbranded products was Vengeance Plus, a highly toxic pesticide which Wilbur-Ellis Company distributed and sold with a label that failed to include protective equipment requirements for applicators.
• EPA Region 10 inspectors documented distribution of a Restricted Use Pesticide by Wilbur-Ellis Company to a non-certified applicator at Yakima, Washington.

Before selling or distributing any pesticide in the United States, companies are required to register the pesticide with the EPA and include labeling approved by EPA that includes directions for use and other information necessary to protect human health and the environment. Federal law requires that pesticide applicators comply with these labeling directions during pesticide applications to protect their workers and the public.

The Wilbur-Ellis Company has agreed to pay the fine to resolve this enforcement action. 

 

EPA Fines Landlord $7,952 for Lead-based Paint Violations

EPA has fined a Long Beach, California, property owner $7,952 for allegedly violating federal lead-based paint disclosure requirements at six rental properties. During a routine inspection in 2005, EPA discovered that residential property owner James Williams failed to disclose whether reports about lead-based paint or lead hazards existed for his apartment complex prior to tenants signing lease agreements.

“This action confirms EPA’s commitment to enforcing toxic substances regulations to protect families, especially children, from potential lead-based paint hazards,” said Katherine Taylor, associate director of the EPA’s Communities and Ecosystems Division for the Pacific Southwest region. “Childhood lead poisoning from exposure to lead-based paint chips or dust continues to be an environmental challenge. Without adequate information about lead hazards, tenants and home owners cannot protect themselves and their families from the significant risks that these hazards present.”

Between July and December 2005, Williams owned and leased six residential rental units. Mr. Williams has cooperated with the EPA to resolve the case.

Federal law requires that persons and entities who sell or rent housing built before 1978 must provide an EPA-approved lead hazard information pamphlet, include lead notification language in sales and rental forms, disclose any known lead-based paint hazards and provide reports to buyers or renters, allow a lead inspection or risk assessment by home buyers, and maintain records certifying compliance with applicable federal requirements for three years.

Lead hazards may be controlled through specific maintenance practices or eliminated through abatement.

 

MassDEP Issues $4,000 Penalty to Covanta Springfield’s Waste Combustor Facility for Air Quality Violations

Covanta Springfield, LLC, in Agawam, Massachusetts, has been assessed a $4,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for air pollution control violations.

In November 2008, Covanta Springfield self-reported the violations to MassDEP. The municipal waste combustor facility reported that it did not maintain the appropriate carbon injection rate to one of its combustor units. In addition, an alarm failed to sound when the activated carbon flow to the combustor unit stopped. The activated carbon filters air emissions from the unit.

Other violations identified included a failure to submit air quality modeling results in a timely manner and failure to provide MassDEP with correct information on its monthly reports.

Covanta Springfield has cooperated with MassDEP to address the noncompliance issues, has entered into a consent agreement to fully correct the violations, and has agreed to pay a penalty of $4,000. The company has also agreed to install and operate an “oxygen continuous emission monitoring” system to improve the facility’s air quality monitoring capability.

“Air pollution control equipment must be operated and maintained as permitted to achieve the maximum emissions reduction. These controls are critical to ensuring a safe environment and MassDEP will vigorously enforce air quality requirements,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield.

Tips to Reduce Wood Smoke Pollution from Fireplaces

Nearly three-quarters of an estimated 12 million Americans who heat their homes with wood stoves each winter do not use EPA certified stoves. 

 

Wood smoke is mixture of gases and fine particle pollution and is unhealthy to breathe indoors or out, especially for children, older adults, and those with heart disease, asthma, or lung diseases.

Campaign Targets Illegal Diesel Vehicle Idling

A Philadelphia-based campaign promoted by the Clean Air Council is targeting illegal idling to help the city reduce the harmful emissions from diesel-driven city motor vehicles and trucks.  Fines under the program range from $150-$300 and court costs. The website was developed as part of the Delaware Valley Regional Planning Commissions (DVRPC) Sustainable Skylines Initiative. The initiative is an EPA supported, public-private partnership designed to improve air quality and promote sustainability in communities. 

 

How to Opt Out of Receiving All Those Phone Books!

Tired of phone books piling up on your front doorstep, especially if you don’t use them anymore? 

 

This website is the only online opt out service recognized by publishers. Enter your ZIP code to find the participating phone book publishers in your area that are making it possible for you to opt out of receiving phone books. You will need to inform each phone book publisher that you would like delivery stopped.

Opting out is even better than recycling. While recycling saves many resources, reducing—or not creating waste in the first place—saves even more.

The opt-out for phone books takes 60-days to process. You may miss the deadline for a few of the phone books this year, but opting out now will ensure you won’t receive them next year.

Some other ways to reduce waste paper include:

This organization helps mailers remove the names of people that don’t work at your facility from mailing lists.

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Contact your county for information on your recycling options if you do have phone books that you need to recycle.

CSPI Says Too Many Farmers Growing Genetically Engineered Corn Not Complying with Key Environmental Requirements

One out of every four farmers who plants genetically engineered (GE) corn is failing to comply with at least one important insect-resistance management requirement. That increases the likelihood that pesticide-resistant bugs will threaten the future of biotech crops and some of their non-biotech neighbors. 

 

In 2008, 57% of the corn acreage in the United States was planted with corn spliced with genes from the Bacillus thuringiensis bacterium, or Bt. Those crops produce natural toxins that are harmless to humans but will kill corn rootworms and corn borers, which otherwise reduce crop yields. Farmers who plant such crops are supposed to plant a refuge of conventional corn in, adjacent to, or near the GE crop. That refuge is designed to reduce the risk that pests that survive the toxin will breed with each other and produce resistant offspring. Resistant offspring would not only reduce yields of the Bt crops, but could also threaten organic or conventional farmers who use natural Bt-based pesticides on non-GE crops.

Depending on the location of the crop and the pests targeted by the strain of corn, farmers have varying requirements specifying the size of the refuge and its distance from the GE crop.

According to industry surveys submitted to EPA in 2008:

• Only 78% of growers planting corn-borer-protected crops met the size requirement, and only 88% met the distance requirement.
• Only 74% of growers planting rootworm-protected crops met the size requirement, and 63% met the distance requirement.
• Only 72% of farmers growing stacked varieties of GE corn—corn protected against both corn borer and rootworm—met the size requirement and 66% met the distance requirement.

Those compliance rates are down, in some cases sharply, from 2003 to 2005, when compliance rates were often above 90%. Though compliance assessments made on the farm tend to show higher compliance rates than the surveys, those rates also decreased in the last three years, according to CSPI.

“Given the stakes, regulators should insist on compliance rates much closer to 100% to prevent insect problems that threaten all farmers, not just those planting biotech crops.”

But, if the EPA does re-register the products, registrants such as Monsanto, Pioneer Hi-Bred, Syngenta, and Dow AgroSciences should be subject to severe fines or seed sales restrictions if noncompliance rates remain high, according to the letter. Those biotech companies should also provide farmers with incentives to meet their obligations. CSPI also wants the EPA to obtain more reliable data by requiring biotech companies to pay for independent, third-party assessments of farmer compliance with refuge requirements, and to require labeling on bags of biotech seed corn to specify refuge requirements.

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Trivia Question of the Week

Researchers at San Diego State University recently found that which of the following are dangerous enough to be classified as hazardous waste?
a. Polyethylene terephthalate water bottles
b. Juice boxes
c. Artificially sweetened beverages
d. Cigarette butts