EPA scales back rules on wetlands

Where for the n’th time, you get to use “EPA”, and “scales back rules” in one sentence.

E.P.A. Scaled Back Rules on Wetlands – New York Times

After a concerted lobbying effort by property developers, mine owners and farm groups, the Bush administration scaled back proposed guidelines for enforcing a key Supreme Court ruling governing protected wetlands and streams. The administration last fall prepared broad new rules for interpreting the decision, handed down by a divided Supreme Court in June 2006, that could have brought thousands of small streams and wetlands under the protection of the Clean Water Act of 1972. The draft guidelines, for example, would allow the government to protect marsh lands and temporary ponds that form during heavy rains if they could potentially affect water quality in a nearby navigable waterway. But just before the new guidelines were to be issued last September, they were pulled back in the face of objections from lobbyists and lawyers for groups concerned that the rules could lead to federal protection of isolated and insignificant swamps, potholes and ditches.

This is the consequence of a tortured Supreme Court ruling from June of last year where Justice Kennedy could not make up his mind on what was a wetland and what was not, so he helped hand down a very confusing verdict open to all kinds of interpretation. At that time, here’s what I said…

This will make things confusing for a while, and you all know who confusion favors!

Well, I told ya!

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    Even so, the FDA still believes there are no safety concerns about benzene in soft drinks, or sodas, said Laura Tarantino, the agency’s director of food additive safety.”We haven’t changed our view that right now, there is not a safety concern, not a public health concern,” she said. “But what we need to do is understand how benzene forms and to ensure the industry is doing everything to avoid those circumstances.”

    The admission contradicted statements last week, when officials said FDA found insignificant levels of benzene.

    In fact, a different study found benzene at four times the tap water limit, on average, in 19 of 24 samples of diet soda.

    The formation of benzene in soft drinks is from the reaction of ascorbic acid (aka Vitamin C) and benzoate salts, notably sodium benzoate which is used as a preservative. As the FDA letter states:

    We learned that elevated temperature and light can stimulate benzene formation in the presence of benzoate salts and vitamin C, while sugar and EDTA salts inhibit benzene formation.

    Is this a pressing concern? First of all, exposure modeling done by the EPA indicates that 93% of all benzene exposure is through inhalation (cigarette smoke, indoor offgassing, that wonderful refueling smell!), with 7% exposure through oral ingestion. So, potentially elevated levels in this 7% fraction are not likely to greatly increase exposure. In addition, the 5 parts per billion level for drinking water is set based on an assumed daily consumption of 2 liters per day (Source – USEPA), a safety factor up from the actual estimated 0.9-1.2 L per day measured consumption. Assuming the average amount of benzene in soda (mainly diet, mind you) is 4 times that of drinking water, a 500 ml dose of diet soda per day is required to equal the dose from drinking water, which mind you, only counts for 7% of the total bezene exposure. So in a sense, a person drinking 2 servings of diet soda per day would exceed the exposure from drinking water at the federally regulated level, and knock the socks off the California standard of 0.13 ppb in water. This will increase his/her known oral exposure. The total exposure to benzene of that individual, however, would not go up significantly because the overwhelming majority of the exposure still occurs through the nose, not through the mouth.

    The issue here, and benzene is just the symptom, is that consumers know much more about their drinking water than they do about their manufactured food products, and that is not good for the consumer or for the industry because in the absence of knowledge and full disclosure, both parties are vulnerable. Which is why attempts to limit consumer knowledge hurt everyone.

    Conclusion Please don’t stop drinking soda because of this, I am sure you can find plenty of other reasons to limit your soda consumption… Drink lots of filtered tap water, it’s the best!! And, I can assure you that most tap water is tested thoroughly, it’s zero calories and cheap!

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    Note that this is not just the Conservatives. The Liberals are supporting this budget, and Liberal leader Michael Ignatieff has spoken glowingly about the oil sands industry.

    At this point, we do not control our own environmental future. The Conservatives are an Alberta centred party and their motivation is not surprising. The Liberals clearly want back in power and do not have the money to fight another election next month. Canadians seem to not favour the most logical option, a coalition government of the left leaning parties which make up a majority of seats and voting percentages in parliament, so the Liberals have to support the Conservative budget or face an election soon.

    With Ignatieff leading the Liberals, they know that all they need a little time to get money and reverse their losses from the previous election. His personal popularity advantage over previous Liberal leader Stephane Dion will most probably lead to better election results, especially if the Canadian economy continues to tank. A Liberal budget would have not killed the renewables, but would have not done anything to make the oil sands projects pay for all their externalities either.

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    The real terrorist: Pollution

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    Environmental Health News: New Science

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  • Are there Vogons on Canada’s National Energy Board?

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    via Energy board changes pipeline complaint rules – The Globe and Mail.

    Sounds familiar?

    Mr Prosser said: “You were quite entitled to make any suggestions or protests at the appropriate time you know.”

    <snip>

    “But Mr Dent, the plans have been available in the local planning office for the last nine months.”

    <snip>

    “But the plans were on display…”

    “On display? I eventually had to go down to the cellar to find them.”

    “That’s the display department.”

    “With a torch.”

    “Ah, well the lights had probably gone.”

    “So had the stairs.”

    “But look, you found the notice didn’t you?”

    “Yes,” said Arthur, “yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying Beware of the Leopard.”

    Hitchhiker’s Guide to the Galaxy – Douglas Adams

    Just a note that the Vogons gave us nine months notice to demolish earth and did not ask for a 10 page application, résumés, references and first born (one of these is not a requirement).

    vogon

    Picture of Vogon from Tim Ellis’ Flickr stream used under a Creative Commons Licence