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    NC House Smoking Bill passes committee

    Updates on the smoking bills I mentioned last week….

    Bill Would Extinguish Indoor Smoking Statewide :: WRAL.com

    Dismissing North Carolina’s heritage as a tobacco state, a House committee on Tuesday passed a far-reaching indoor smoking ban.

    The Judiciary Committee passed the ban by a 9-4 vote. The measure would prohibit smoking in all indoor workplaces in North Carolina, including bars and restaurants. The rules also would apply to private clubs, except those with nonprofit or tax-exempt status.

    The measure would be complaint-driven — local health departments would act on complaints from the public — and violators would first receive warnings.

    “This was a significant and important event to advance the public’s health in North Carolina,” said Dr. Leah Devlin, director of the state Division of Public Health.

    But critics of the legislation, House Bill 259, pointed out that it faces an uphill battle on the House and Senate floors.

    “What they really want is a complete prohibition of indoor smoking in North Carolina,” said state Rep. Paul Stam, R-Wake. “We all know smoking is nasty and dangerous. The question is whether, in a free society, you let people do some things that are nasty and dangerous.”

    Some opponents said passing the bill could set the stage for similar bans inside personal vehicles and homes.

    You want to smoke and you own the building. Is it really that bad for the public?” asked state Rep. Ronnie Sutton, D-Robeson.

    Yes Paul and Ronnie, not only did you construct a straw man, you blew smoke on it, gave it lung cancer, tortured it with cigarette butts and finally set it on fire. Sheesh, what asses.

    Update

    From Laura Leslie, WUNC (our local NPR affiliate) reporter who maintains a reporter’s blog at WUNC

    Under the current version of the bill, which isn’t available on the web just yet, only NON-profit clubs could allow smoking – like the Elks Lodge, for example.

    So for the standard nightclub or bar, smoking would be banned.

    Hope it helps – and thanks very much for reading!!
    Laura

    So, that’s a lot of progress on the house bill, making it very close to the senate bill.

  • The Precautionary Principle at work

    This is how you’re supposed to regulate chemicals, burden of proof on the manufacturers, makes sense because they are the ones who have the most information, and the most to gain or lose. So, you have the right motivators with the right tools to ensure that a decision can be reached in the right amount of time. If you reverse the burden of proof, the group (people/government) with incomplete information and little monetary motivation is going up against a group (the industry) which has all the information on its side, and powerful monetary motivation to do nothing, because in doing nothing, the burden of proof will ensure that they win.

    Makes so much sense, doesn’t it!

    EU bans 22 hair dye chemicals feared unsafe – Yahoo! News

    BRUSSELS, Belgium – The European Commission said Thursday it would ban 22 hair dye substances, following the release of a scientific study that concluded the long-term use of these chemicals could cause bladder cancer. The ban will go into effect Dec. 1. “Substances for which there is no proof that they are safe will disappear from the market,” said European Union Industry Commissioner Guenter Verheugen.

    Well said, sir, way to motivate industry to prove safety!

    “Our high safety standards do not only protect EU consumers, they also give legal certainty to (the) European cosmetics industry.”

    A crucial point, industries adjust to regulation very well, as long as the regulation is clear, stable and consistently applied. Not to say that they don’t work to undermine the regulations at times, but most of the time, stability is more important than the regulation itself. The regulation just gets added to the cost of doing business, and you protect yourself against lawsuits, you have plausible deniability, all the good stuff.

    The Commission had asked the cosmetics industry to provide safety files for all chemicals used in hair dyes to prove they do not pose a health risk for consumers. The ban concerns 22 chemicals for which no safety files were submitted by producers.

    Nice, no proof = no sale.

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    California Ban on Diacetyl?

    Flavoring-Factory Illnesses Raise Inquiries – New York Times

    For a good background on flavoring-factory lung disease (formerly known as popcorn worker’s lung), check out the Pump Handle’s many posts, especially this recent one. Short primer, diacetyl is the chemical that gives popcorn its so called buttery taste (and smell, it’s fake!!). Well, there’s pretty good evidence that diacetyl causes bronchiolitis obliterans. Some symptoms…

    Bronchiolitis obliterans renders its victims unable to exert even a little energy without becoming winded or faint.

    “The airways to the lung have been eaten up,” said Barbara Materna, the chief of the occupational health branch in the California Department of Health Services. “They can’t work anymore, and they can’t walk a short distance without severe shortness of breath.”

    OSHA has been unwilling to seriously regulate diacetyl, so California, as it is wont to do, is considering banning this killer chemical.

    But in California, which has 28 flavoring plants known to use diacetyl, some legislators and government officials seem unwilling to wait. A bill to ban diacetyl in the workplace by 2010 has passed two committees in the State Assembly and could be taken up by the full body this summer. It is the first proposal of its kind in the nation. Assemblywoman Sally Lieber, the author of the bill, said she introduced it because of what she said was the slow response by the flavoring industry, which is largely self-regulating on occupational safety. “What we’ve heard is that the flavoring industry has known for years that this is potentially a problem, and they haven’t taken action,” said Ms. Lieber, a Democrat.

    I am all for California’s regulation. But as written, this law will only protect workers in California. They should also consider going one step further by restricting the use of diacetyl in food sold in California. Only then can the giant market that is California exert its influence on the diacetyl manufacturers and users.

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    Duke Energy and Cliffside

    NC Warn produces a good cheatsheet on Duke Energy‘s deceptions about the Cliffside coal fired power plant.

    For more than a year, Duke Energy has tried to sell the idea that building a large coal-fired power plant near Charlotte would somehow be “good for the environment.” Following the January 29th state approval for construction to begin, the deception increased. By masking the new unit’s pollution behind upgrades already required by state law at an existing Cliffside furnace – and the retirement of four very small units that sit idle most of the time – Duke has misled the public, media and elected leaders into thinking that building a new unit will reduce a range of harmful emissions.

    GreenscamAlert-AMythFactHandout

    To summarize, CO2 emissions are set to increase significantly (factor of 12) if this plant is approved. So, in my book, this is a loser project that does not deserve even consideration. The facts are simple. This country is less than two years away from putting a price on carbon through some kind of carbon cap-trade scheme. All three major candidates for president support some kind of scheme, though McCain does not seem to know if the legislation he supports has an emissions cap or not (typical of him, he does not have any policy expertise or attention to detail whatsoever). So, the ground rules on what constitutes a cost effective option and what represents a major money making boondoggle are going to change very soon. Our state officials, thanks to the miracle of the internets, have all the knowledge to make a decision based on a reality that is coming soon. So, their reluctance to consider CO2 is puzzlingly short sighted. Duke Energy has some vague promises to sequester the carbon. But the fact of the matter is that the technology does not exist, and there’s no guarantee that it will exist any time soon in any cost effective fashion.

    Even if you’re a big believer in the technology advances that will no doubt occur into the future, you have to admit that carbon emissions cannot be free any more. So, unless the federal government puts a price on the carbon, you cannot objectively support a project that will give these emissions away for free. Don’t tell me that Duke Energy will have to pay for the carbon it emits from Cliffside. It may have to, but it will pas all costs along to consumers and win anyway. So the tax payers of North Carolina are stuck with an expensive, dinosaur technology power generating option that is incredibly polluting for years to come. All because the state officials did not have the foresight to wait a year or two.

    You can make the same argument for mercury. The current EPA “plan” for mercury is in tatters as it violates the clean air act. A change in administration (no McCain this time, only Clinton or Obama) is no doubt going to cause a tightening of mercury rules, a long overdue prospect. Why would the state approve a plan that would result in an increase in mercury emissions knowing fully well that federal regulation in this matter is unsettled? What ever happened to the conservative wait and watch approach?

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  • Tuesdays with Turtles – New US Regulations

    The National Marine Fisheries Service protects turtles in the US. Here, bycatch, or the accidental capture of adult sea turtles, is one of the biggest causes of adult turtle mortality. So, it is good that the NMFS is bucking all other recent trends with endangered species (check this salon article about the gutting of the endangered species act) and actually proposing stronger regulation on reducing bycatch.

    NMFS issues this advance notice of proposed rulemaking to announce that it is considering amendments to the regulatory requirements for turtle excluder devices (TEDs). Specific changes NMFS is considering include increasing the size of the TED escape opening currently required in the summer flounder fishery; requiring the use of TEDs in the flynet, whelk, calico scallop, and Mid- Atlantic sea scallop trawl fisheries; and moving the current northern boundary of the Summer Flounder Fishery-Sea Turtle Protection Area off Cape Charles, Virginia, to a point farther north. The objective of the proposed measures would be to effectively protect all life stages and species of sea turtle in Atlantic trawl fisheries where they are vulnerable to incidental capture and mortality. NMFS is seeking public comment on these potential amendments to the TED regulations. NMFS is also soliciting public comment on the need for, and development and implementation of, other methods to reduce bycatch of sea turtles in anycommercial or recreational fishery in the Atlantic and Gulf of Mexico where sea turtle conservation measures do not currently exist.

    Well, that’s good news, and since I read the whole regulation twice over and did not change my mind about it, it must be good news, really!! Apparently, I write good news stories too!

    Sea turtles are lucky to be so accessible, beautiful, completely harmless, long lived and loved, they would not get half the attention they get otherwise!

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    Opinion Polls and Yes Prime Minister

    This story from the grist about a push poll arranged by Rasmussen showing 67% support for the reinstatement of offshore oil drilling in the United States reminded me of this most delightful exchange from Yes Prime Minister, still one of my all time favourite television shows and one that taught me almost everything I needed to know about parliamentary politics at a tender age. The show is about British politics through the eyes of an earnest but bumbling politician, his very experienced bureaucratic handler and his secretary with divided loyalties. The show is incredibly insightful and funny at the same time. But, before I get to my favourite part, some background…

    It’s that time of the year when the republicans want to enrich their oil buddies by opening up oil drilling offshore of the U.S. This year, the high price of gas provides a convenient excuse and rallying point. After all, who wouldn’t want to pay less for gas. Of course, a U.S government study done by the Energy Information Administration in 2007 indicates that at best, you would see a 3% increase in production by 2030, and we all know how much that would affect gasoline prices this summer. Yet, here’s the first question from the “poll”

    In order to reduce the price of gas, should drilling be allowed in offshore oil wells off the coasts of California, Florida, and other states

    No really, what are you supposed to say? Can such reputable firms lie to you like that? Anyway, Joseph Romm from the original gristmill post breaks it down completely so I don’t have to. but after reading his post, come back and read the following exchange from Yes Prime Minister, and do listen to the actual audio clip from the show.

    Yes Prime Minister – Season 1Episode 2 (warning: Strangely formatted website)

    Sir Humphrey: “You know what happens: nice young lady comes up to you. Obviously you want to create a good impression, you don’t want to look a fool, do you? So she starts asking you some questions: Mr. Woolley, are you worried about the number of young people without jobs?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Are you worried about the rise in crime among teenagers?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Do you think there is a lack of discipline in our Comprehensive schools?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Do you think young people welcome some authority and leadership in their lives?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Do you think they respond to a challenge?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Would you be in favour of reintroducing National Service?”

    Bernard Woolley: “Oh…well, I suppose I might be.”

    Sir Humphrey: “Yes or no?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Of course you would, Bernard. After all you told you can’t say no to that. So they don’t mention the first five questions and they publish the last one.”

    Bernard Woolley: “Is that really what they do?”

    Sir Humphrey: “Well, not the reputable ones no, but there aren’t many of those. So alternatively the young lady can get the opposite result.”

    Bernard Woolley: “How?”

    Sir Humphrey: “Mr. Woolley, are you worried about the danger of war?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Are you worried about the growth of armaments?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Do you think there is a danger in giving young people guns and teaching them how to kill?”

    Bernard Woolley: “Yes”Sir Humphrey: “Do you think it is wrong to force people to take up arms against their will?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “Would you oppose the reintroduction of National Service?”

    Bernard Woolley: “Yes”

    Sir Humphrey: “There you are, you see Bernard. The perfect balanced sample.”

    That is what I think about opinion polls!