Sierra Club California Hails New Mercury-Prevention Tool

Today, I joined Assemblymember Ira Ruskin in celebrating passage of The Mercury Thermostat Collection Act.

This new law creates a powerful tool to help consumers, governments and our environment. Since mercury is a potent neurotoxin, and many old thermostats contain three grams of mercury, we need to keep the waste thermostats out of our landfills. Most California consumers want to do the right thing, but until now they have not had the information or opportunity to recycle mercury thermostats.

Furthermore, this mercury thermostat recycling program, passed with the support of the major manufacturers, can provide a new model for dealing with household hazardous wastes in California. Instead of asking our cash-strapped local governments to shoulder the burden, we should require the companies that made and profited from products to take the responsibility for safely collecting and recycling them. The Legislature and Governor should use this thermostat law as a beginning, and move on to extending producer responsibility to paint, light bulbs and other household hazardous wastes.

Many individuals and organizations contributed to the enactment of this law. Sierra Club California thanks Assemblymember Ruskin for persistently pushing the bill over two years. Our co-sponsor, the local government organization California Product Stewardship Council, was an invaluable partner, and the Department of Toxic Substances Control gave crucial technical assistance throughout the process. The Honeywell Corporation showed a commitment to reaching agreement on difficult issues, and the Retailers Association actively supported the bill. We benefited from the input of experts and advocates throughout the country convened by the State Environmental Leadership Program.

Message To The Governor: Sign These Bills!

Just as the lengthening budget crisis threatened to push California’s lawmaking process aside, our state’s leaders finally agreed upon a financial plan for the state.

Now that Gov. Schwarzenegger’s attention seems to have shifted from the state’s tangled budget, Sierra Club California has a list of important bills we respectfully ask him to sign – and one that we want him to veto.

Here are some highlights, or you can read the whole letter here:

Sierra Club California urges Gov. Schwarzenegger to sign the following bills:

SB 974 (Lowenthal) – would mitigate air pollution from the ports and increase port efficiency by assessing a fee for each container moving through the ports or Los Angeles, Long Beach and Oakland.

SB 1313 (Corbett) – would ban potentially carcinogenic substances from food packaging, beginning in 2010.

AB 1879 (Feuer/Huffman) – would give the Department of Toxic Substances Control the authority to establish safeguards to protect people and the environment from consumer products containing known toxins like lead, mercury and arsenic.

AB 2347 (Ruskin) – would establish a producer responsibility program for recycling of mercury thermostats.

AB 2447 (Jones) – would ensure that new homes have adequate structural fire protection, without leaving that responsibility to CalFire and the state’s general fund.

Sierra Club California also urges Gov. Schwarzenegger to veto one bill:

SB 1473 (Calderon) - would give inappropriately broad authority to the Building Standards Commission (BSC) to develop and adopt the California Green Building Standards Code (CGBSC). This authority would allow the BSC to exclude expert state agencies such as the California Energy Commission, Cal-EPA, State Water Board, Air Resources Board, and Integrated Waste Management Board, which are already working on various aspects of green building.

Read the full letter to Gov. Schwarzenegger here.

Bills Would Protect Consumers from Dangerous Chemicals

This morning, Sierra Club California Director Bill Magavern joined Assemblymembers Mike Feuer (D-Los Angeles), Jared Huffman (D-San Rafael), and Fiona Ma (D-San Francisco), to speak in support of three important pieces of legislation in the fight to protect consumers from dangerous chemicals.

AB 1860 (Huffman) would require immediate removal of recalled toys and other products from the market; prohibits the sale of recalled toys and other recalled consumer products, and imposes stiff fines against those who sell recalled products to prevent the items from surfacing on the Internet or at second-hand stores; requires recalled products to be properly disposed of and for manufacturers to certify their disposal; requires manufacturers to establish a notification system when recalling products; mandates that retailers post recall notices in a conspicuous fashion.

AB 1879 (Feuer) would authorize the Department of Toxic Substances Control (DTSC) to regulate all consumer products that contain the following chemicals: lead, mercury, cadium, arsenic, polybrominated diphenylethers (PBDEs), phthalates, and hexavalent chromium. DTSC currently has limited authority to regulate these chemicals in certain products.

AB 2694 (Ma) would ban lead above trace levels of in children’s toys and products, using the 40 parts per million (ppm) standard endorsed by the American Academy of Pediatrics.

Sierra Club California 2008 Priority Bills

Smart Growth/Global Warming. SB 375 (Steinberg) would require certain regional transportation plans to include a sustainable communities strategy to reduce greenhouse gas emissions. Would provide incentives for more compact development, reduced driving, greater housing choices and conservation of farmland and habitat.

Clean Energy. SB 411 (Simitian and Perata) would require investor-owned utilities to meet a Renewables Portfolio Standard of at least 33 percent by 2020.

Cleaner Air at Ports. SB 974 (Lowenthal) would charge containers shipped through the ports of Los Angeles, Long Beach and Oakland in order to raise money for air quality and transportation improvements.

Land Use/Fire Protection. SB 1500 (Kehoe) would allow the Department of Forestry and Fire Protection to require local governments to guarantee adequate structural fire protection before approving development in high-fire-hazard State Responsibility Areas.

Fire Protection. SB 1617 (Kehoe) would establish a fair and equitable new fee on homes in State Responsibility Areas to fund some of the costs of their fire protection. The fee would be tiered to give incentives for reducing fire risks, and would also fund proactive prevention activities.

Safer Products. AB 1879 (Feuer and Huffman) would give the Department of Toxic Substances Control the authority to establish safeguards to protect people and the environment from consumer products containing known toxins like lead, mercury and arsenic.

Recycling Mercury Thermostats. AB 2347 (Ruskin) would require manufacturers to establish a program for recycling thermostats containing mercury, a potent neurotoxin.

Water Conservation. AB 2175 (Laird and Feuer) would establish numeric water savings targets for urban and agricultural water use and require a 20% reduction in statewide urban per capita water use by 2020.

Outdoor Education. AB 2989 (Fuentes) would create a permanent program in the Department of Parks and Recreation that would award grants to schools and non-profit groups that provide outdoor education and recreational opportunities for youth.

New Bill Would Give Consumers Ways to Recycle Old Mercury Thermostats

Most Californians have no idea how to recycle old mercury-containing thermostats, even though state law bans mercury waste from being thrown in the trash. New legislation introduced by Assemblymember Ira Ruskin with the support of Sierra Club California and the California Product Stewardship Council would give consumers free and convenient options for recycling their waste thermostats in an environmentally-responsible manner.

The Mercury Thermostat Collection Act of 2008, Assembly Bill 2347, would allow
Californians to return their waste thermostats to any location that sells new thermostats.
Companies that make new thermostats for sale in the state would pick up most of the
costs for the recycling program.

 Bill Magavern, Director of Sierra Club California, hailed the legislation: “Most people want to do the right thing when it’s time to get rid of hazardous household products. Assemblymember Ruskin’s bill would finally provide free and convenient options for recycling mercury thermostats.”

“Cash-strapped local governments have had to pay for hazardous product waste management for too long,” added Heidi Sanborn, Director of the California Product Stewardship Council. “AB 2347 establishes a model policy for extended producer responsibility that requires the companies that profit from products to pay for end-of-life disposition. These programs are commonplace in Europe, Canada, Japan and other industrialized countries”

“There is a serious threat to public health from mercury, and it is time for the companies who have profited from selling these products to take responsibility for their disposal. Mercury pollution has already contaminated the waters of the San Francisco Bay and Bay Area watersheds, and high levels of mercury make many of the fish that swim in these polluted waters unsafe for human consumption. My bill will greatly reduce the amount of mercury from thermostats that is allowed to pollute our environment,” Assemblymember Ruskin said.

Mercury thermostats should be kept out of our air and water because on average they contain over 3,000 milligrams of the toxin (for purposes of comparison, fluorescent light bulbs contain around 5 milligrams). It is estimated that only 5 percent of California’s mercury thermostats are properly managed. The San Francisco Bay and delta, Tomales Bay, and eight other county water bodies currently have fish consumption advisories due to mercury contamination. Sales of new mercury thermostats have been banned in California since 2006. Waste thermostats are classified as hazardous waste but are usually discarded into the solid waste stream, as recycling options are inconvenient and poorly publicized at present.

Californians Advised on Mercury Risks from Compact Fluorescent Lamp Breakage

Recently released results of tests conducted by the State of Maine suggest that under certain conditions mercury vapor released from a broken compact fluorescent lamp (CFL) can pose a health risk. A new report prepared for the Mercury Policy Project and co-released by Sierra Club California concludes that, while sensitive populations should take extra precautions to reduce risks associated with breakage, CFLs can and should still be used in everyone’s homes until a nontoxic light bulb becomes available.

People should feel perfectly comfortable buying and using compact fluorescent lamps in their homes. CFLs play an important role in increasing efficiency, cutting home energy costs and curbing global warming. Just as with many other household products, consumers should take some precautions if a bulb happens to break or when it's time to recycle one.

For specific recommendations, see my article in California Progress Report.

By Bill Magavern
Director
Sierra Club California

"Green Chemistry Initiative" Should Yield Chemical Safeguards

Today Cal-EPA issued its Green Chemistry Report.
The California Environmental Protection Agency’s Green Chemistry Initiative is a serious effort to address the hazards posed by toxic chemicals. Most Californians would be surprised to find out that our state government has no authority to assure that the goods sold at our local stores are safe for our families. The Green Chemistry Initiative has the potential to fix this problem – but only if it survives intense lobbying by the chemical industry.

Cal-EPA has gone all out to make the process of reforming chemical policy inclusive and interactive. Now that today’s report has laid out the options, the administration must begin the hard work of deciding which alternatives to adopt and which ones to propose in legislation.

The Green Chemistry process should result in major new statutory authority for the state’s experts to protect us from toxins that are currently allowed to contaminate our bodies and our environment. Voluntary measures and recognition of best practices have their place, but the only way to ensure meaningful reductions in human and environmental exposures to harmful chemicals is through enforceable safeguards. Collecting the most comprehensive and current data available is one essential building block of those safeguards.

The Legislature should give DTSC the authority to, if warranted by scientific evidence from the Office of Environmental Health Hazard Assessment, ban or restrict the usage of particular chemicals in consumer products. The process could be patterned on the Air Resources Board’s program that has successfully reduced emissions from consumer products.

Cal-EPA’s scientific experts will need to set priorities in addressing hazardous substances, and should start by protecting the most vulnerable people, like children. Our government must ensure that products many infants are exposed to -- from baby bottles to toys to baby food containers -- will be safe for the next generation.

Furthermore, manufacturers of products containing hazardous materials should be held responsible for the safe disposition of those products at the end of their useful lives. The Integrated Waste Management Board should work with the Legislature to require extended producer responsibility for such products, and should exercise that authority by prioritizing consumer products that, when discarded, become hazardous wastes (like mercury-containing thermostats).