The Growing Concern of Toxic & Hazardous Chemicals in Environmental Policy

1. Class 26: Toxic & Hazardous Substances CofC Fall 2010 Environmental Policy

2. Glen Avon Case • Toxic litigation • 200 + chemicals in 34m gals of waste dumped into Stringfellow Canyon ‘56-’72 • 37 yrs after closing • $150m on cleanup • $96m on settlements • 17 acres contaminated land

3. Toxic Cases • Large Liability • Yet mounting scientific uncertainty around extent of public risk from exposure to manufactured, stored and abandoned chemical substances • Precautionary principle? • “No other area of enviro regulation has scientific uncertainty about the extent of the risk and identity of hazardous substances been greater or more public.” (p242)

4. Inheritance of Chemicals • Chemicals • Toxic and Hazardous Chemicals • Chemical Testing • Toxics • Abandoned Wastes

5. Chemical Facts • Inheritance from the global “chemical revolution” just after WWII • Explosion of synthetic chemicals—more than 4 million had been registered by mid ‘60s • 500-1000 new chemicals created annually • 35,000 are used daily in US Industry • EPA has 10,000 new chems pending review • Although 98% are considered harmless, no requirements to test ~700 new chems introduced every yr. • 1 ton of hazardous waste is created for every American every yr

6. Hazardous chemicals • Only a small % are actually tested, e.g. • EPA’s “list of toxic concern in air”  16% • Pesticides of concern  13% of total • Chems most in need of testing under Toxic Substance Control Act  2% tested • 24 fed laws and 12 fed agencies designed to regulate the full range of toxic substances • Impeded by disagreements over health risks as well as lack of accurate information on chemicals • Pesticides: 25 used on corn, 24 on apples, 23 on tomatoes, etc.  use fungicides, Insecticides, herbicides and sprout inhibitors

7. Toxics • Difficult to regulate: • More toxics/chemicals to regulate • Greater mandates by new legislation • Growing number of “hazardous waste sites” • SC: 26 (17th most) • Abandoned Wastes • “Love Canal” led to Superfund law in 1980 which included $1.6b to clean up nation’s worst sites • By 1990, it was evident this wasn’t close to enough—too many, not enough $$ • Superfund works at “glacial pace” and can’t account for new sites added—huge backlog • Liquid waste is dispersed deep into underground cavities or into water systems

8. Problems with Regulation • Prevalent in our society  increasing use of toxics • Risks: Continued uncertainty around risk to human health  requires more studies and longer term • Costs: exponential cost to research, regulate growing number of toxics and wastes and sites • Complexity: Growing complexity to research, test implement, create stnds, and litigation • BCA (bene/cost): costs are usually tangible and upfront, while benefits intangible, down the road and hard to calculate

9. Hazardous Waste in SC • SC Superfund Sites (EPA) • Love Canal Part I • Love Canal Part II