Dear Rep.Neugebauer,
Thank you for your email concerning the abuses of
the Environmental Protection Agency (EPA).
You said, "In recent years, I
believe the EPA increasingly represents the overreaching arm of a government. In
short, the EPA has been tirelessly promulgating environmental regulations
without considering the consequences they will have on our economy, and more
specifically, jobs."
You also said, "Please rest assured that I. I hope you continue to write me about the
issues most important to you."
As a PhD chemist, I occasionally have a
lopsided view of human reality. However, I have found through many years of
experience that my background serves me well in analyzing various human problems
related to chemistry.
Chemical and pharmaceutical companies produce a
great variety of chemical compositions, sometimes called compounds. Many of them
react with humans and other animals to great advantage in curing diseases and
generally improving quality of life. However, there is always a downside in that
for every chemical compound that does some good, it always does some bad. In
addition, production of those compounds many times involves a release to the
environment of toxic byproducts.
It is the function of the Food and Drug
Administration (FDA) to determine the relative merits of chemical compositions
used in treating humans. That is, if a human being takes a "medicine" into his
body, is it likely to do more harm than good? That question is generally
resolved by using various toxicity test methods. While the FDA can perform many
of these tests itself, the basic responsibility for supplying toxicological
information lies with the pharmaceutical producer. By using toxicity data and
other items that may be related to human health, the FDA may approve a chemical
composition for public use or deny its public use for unreasonable danger to
users.
Many chemical compositions produced by chemical companies are not
intended to be used directly for the purpose of curing disease or otherwise
improving the health of the public. These chemicals are generally intended for
industrial/commercial use, in order to improve living conditions of the public.
For example a chemical compound might be added to a plastic in order to make the
plastic more easily formed into usable parts. However, industrial/commercial use
chemicals accidentally find their way into the general environment and can
negatively affect the health of citizens. An example might be that the
previously mentioned chemical compound added to a plastic may slowly leak from
the manufactured part and damage the health of citizens breathing the air
contaminated with the chemical compound.
The latter is the intended
responsibility of the Environmental Protection Agency (EPA). That is, the EPA is
responsible to determine toxicity of industrial/commercial chemicals and
subsequently approve or disapprove their use in manufacturing and commercial
availability based upon toxicity data, concentrations in the environment, and
other items related indirectly to public health. Therefore, EPA responsibility
is similar to that of the FDA, with the exception that it's supposed to approve
or disapprove use of chemicals not intended for use as medicines. However,
similar protocols can be used. The EPA can determine its own
toxicity/concentration data, but it can also require producers to supply the
information for EPA's use in approving or disapproving a chemical composition's
availability in industrial/commercial operations.
With that description
of basic responsibility, we have found that the EPA has expanded its role to
restrict production of chemical substances which appear to have no relationship
to human health. One example of this is to limit the emission of sulfur dioxide
in the normal burning of coal by power plants. It had been found that sulfur
dioxide further oxidizes to sulfur trioxide in the atmosphere and when mixed
with atmospheric water becomes acid rain. Acid rain is not specifically
dangerous to human health, but it has a negative effect on normal lower organism
growth in lakes and forests. For this reason, and if one expands the role of the
EPA to consider environmental art or beauty, sulfur dioxide control from power
plants is logical. However, that seems to me to be a stretch of the EPA original
responsibility.
Another example of EPA control of emissions from power
plants and other sources is carbon dioxide from burning carbon containing fuels.
Again, there is no reason to control carbon dioxide emissions based on any
negative effects to human health. However, the EPA claims control is necessary
because of indirect effects on human living conditions by reason of global
warming. Dissimilar to the acid rain situation, there is no data which indicates
carbon dioxide emissions leading to increases of carbon dioxide concentration in
the atmosphere have any affect on global warming, with subsequent negative
affects on human living conditions. In this case, we can only conclude that the
EPA activity on carbon dioxide is only a matter of political significance. We
can only speculate on the political significance, but we know that the Obama
administration is strongly in support of reducing carbon dioxide emissions, and
has likely applied considerable pressure to the EPA to accommodate his
position.
These last two paragraphs are examples of EPA overreach. The
sulfur dioxide situation is semi-justifiable. There seems to be no justification
for carbon dioxide control. The question then arises as to what Congress should
be doing in order to bring back operation of the EPA to a condition, which
Congress originally had in mind when it set up this agency.
This then
gets into the general matter of law passage by Congress and the apparent
traditional lack of follow-up by Congress to see that the law is working as
intended, or whether it needs modification. The Toxic Substances Control Act
originally set up the EPA as the operating entity. Of the various House
committees, I could not find any directly related to toxic substances control or
the environment in general. The closest I could get was the House Oversight.
Committee, Chaired by Darrell Issa (CA).
My search for a Senate Committee was somewhat more fruitful, but switched me
over to another law, the Clean Air Act. According to Wikipedia, the Clean Air
Act is designed to control air pollution on a national level. It
requires the EPA to develop and enforce regulations to protect the public from airborne contaminants known to be hazardous to human
health. The Senate has a committee on Environment and Public Works. It is
chaired by Barbara Boxer (CA). It has a subcommittee named Clean Air, chaired by
Thomas Carper (DE). It seems to me that Sen. Carper should be asking the EPA
what information it has that carbon dioxide is "hazardous to human
health".
I later found that Rep. Ed Whitfield (R-KY), Chairman of the
Subcommittee on Energy and Power, has held a forum on the Clean Air Act. He
probably should also be asking the EPA what information it has that carbon
dioxide is "hazardous to human health".
This brings us back to you, Rep.
Neugebauer. You said that you will do everything you can to keep the EPA in
line. I presume you will be in contact with Rep. Ed Whitfield and Sen. Thomas
Carper to see what you can collectively do to get the EPA back on a direct
course to fulfill its obligations and avoid taking on projects with political
overtones that have no scientific basis.
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