Arsenic a rising risk?

A guest poster at the oil drum throws a little water over cellulosic ethanol (pouring a little water over scotch – good, over raging hype machines, even better).

What’s the moral in all of this? If corn ethanol is marginal on an energy returned on energy invested (EROEI) basis, it is very difficult to argue that biomass grown to make ethanol will be any better. To be blunt, if there are concentrated stocks of waste biomass in place, such as at lumber mills, then biomass ethanol probably makes sense. Otherwise, it appears to be more or less equivalent to corn based ethanol – in other words, a wash.

Overall, it’s a good take down. I am always leery about believing farm/agriculture promises because there’s way too much subsidy money involved for people not to have a vested interest in promoting some new plant or the other. Unfortunately, I know nothing about farming 🙁 , so I can’t judge his assumptions.

Why can’t we just agree to consume less (energy that is, not scotch)

An update on the benzene story from last month.

Chemical & Engineering News: Latest News – Dispute Over Benzene In Drinks

In late 2005, FDA began analyzing beverages containing benzoate and ascorbic acid. The majority of samples contained either no detectable benzene or levels below 5 ppb, says Robert E. Brackett, director of FDA’s Center for Food Safety & Applied Nutrition. FDA’s results are preliminary. After its survey is complete, the agency will determine what, if any, additional action is necessary, Brackett wrote to EWG. Changes in FDA’s analytical procedures may account for the differences in results. To collect benzene in the earlier tests, FDA used a purge-and-trap method, in which the samples were heated to 100 °C for 30 minutes. Recently, the agency has been using a static-headspace methodology, which does not involve much heat. In the earlier tests, the high heat was probably creating benzene, says an FDA source who asked not to be identified.

The explanation seems to make sense. Low level analysis is riddled with instances such as these, where the analyte you’re looking for is  introduced into the sample after the fact. It is impossible to decide without looking at the protocol whether this happened or not. Since the source of the benzene is from the reaction of ascorbic acid (aka Vitamin C) and benzoate salts, notably sodium benzoate, it would have been clear to anyone doing the analysis to avoid conditions that would result in the formation of benzene during the analysis, or maybe not…

Static Headspace analysis usually involves some heating as well, at much lower temperatures for shorter periods of time, though in the case of something as hydrophobic as benzene, not much heat would be required. So, the artifacts in static headspace would in this case be lower than in purge and trap analysis.

Still not a concern in the grand scheme of aggregate benzene exposure.

Ensuring that private wells in  North Carolina are  held to the same standards as municipal water sources seems to be a no-brainer. Why would any one NOT want to know if their primary water source has arsenic, or old lace in it! Apparently, the need to buy a house in one day rather than wait the week or two that most environmental labs in the state would take to run the various drinking water tests takes precedence, seems like a little spin to me.

The real issue here is the competing needs of the buyer and the seller, the buyer needs to know and the seller does not necessarily want the buyer to know. If this is a private transaction, no big deal, people can ask, but when you’re up against the cookie cutter developers (politically connected, of course) and the home builders association, the power asymmetry pretty much ensures that in the absence of regulation, bad things will happen.

newsobserver.com | Testing of new wells under fire

The state’s real estate and home building industries are opposed to mandatory tests of new drinking water wells, especially if a test backlog could delay the sale of a house.

Companion bills, introduced late last month in the state House and
Senate at the request of Gov. Mike Easley, would require North Carolina counties to enforce state well construction standards. Water-quality tests will be required of new wells that provide water to houses or small businesses that serve transient populations, such as service stations.

The News & Observer reported in March that more than 2 million North Carolinians drink water from private wells and that they are at risk from contaminants that they cannot see, smell, or taste. Some are man-made, from a nearby farm or business, and some are natural, such as arsenic or radiological contaminants.

There are no state testing requirements for private wells. At least three attempts over the past 15 years to require minimal testing have been defeated.

Rick Zechini, who represents the N.C. Association of Realtors, and R. Paul Wilms, who represents the N.C. Home Builders Association, say the bill should be defeated if it isn’t changed.
“Until we get assurance that there is [testing] capacity, that the tests won’t take weeks and months, and that the cost is not prohibitive, we’re not in a position to support the legislation,” Zechini said.

Just like that, the Supreme Court chips away at one of the foundations of this country’s Environmental Law.
Court Splits Over Wetlands Protections – New York Times

By DAVID STOUT. WASHINGTON, June 19 — The Supreme Court set the stage for a re-examination of the 1972 Clean Water Act, as it narrowly ruled today in favor of two Michigan property owners who have sought to develop tracts designated as wetlands.

By 5 to 4, the justices overturned lower court judgments against the Michigan land owners, who had run afoul of the Clean Water Act over their plans to build a shopping mall and condominiums.

The ruling was not the resounding, unambiguous triumph that the land owners, John A. Rapanos and June Carabell, may have hoped for. Instead, five justices found that regulators may have gone too far in trying to thwart their plans, and it returned the case to lower courts for further deliberation. One of the five justices, Anthony M. Kennedy, even suggested in a separate opinion that the property owners might lose once again in the lower courts.

I was very afraid when I last thought about this challenge way back in February. It was pretty clear at that point that Kennedy was the swing vote and that 8 out of 9 minds were probably made up. Kennedy’s lawmaking seems to be a little incoherent in this case. He was obviously not comfortable with the Scalia-Alito-Roberts-Thomas cabal’s clearly ideological decision, but can’t bring himself to make the centrist decision.

But Justice Kennedy wrote that the evidence in the long-running Rapanos and Carabell cases suggests “the possible existence of a significant nexus,” or connection, between their properties and navigable waterways — a connection that, if established in the lower courts, would reaffirm the jurisdiction of the Clean Water Act over the tracts and could cause the property owners to lose again.

If you thought that there was a “significant nexus”, what kind of logic would then make you turnaround and support the opinion that there is no connection?

But Justice Scalia had a different perspective as he questioned the extent of federal jurisdiction. Under the government’s logic, he said, “a storm drain, even when not filled with water, is a tributary.”

“I suggest it’s very absurd to call that ‘waters of the United States,’ ” Justice Scalia added. “It’s a drainage ditch.”

Where Hon. Justice Scalia pretends to misunderstand the concept of drainage? I wonder if he would feel the same way if it was a pollution issue in his neighbor’s backyard.

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