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Monday, May 17, 2021

Mountaintop removal mining

From Wikipedia, the free encyclopedia

Mountaintop removal site
 
Mountaintop removal site in Pike County, Kentucky

Mountaintop removal mining (MTR), also known as mountaintop mining (MTM), is a form of surface mining at the summit or summit ridge of a mountain. Coal seams are extracted from a mountain by removing the land, or overburden, above the seams. This process is considered to be safer compared to underground mining because the coal seams are accessed from above instead of underground. In the United States, this method of coal mining is conducted in the Appalachian Mountains in the eastern United States. Explosives are used to remove up to 400 vertical feet (120 m) of mountain to expose underlying coal seams. Excess rock and soil is dumped into nearby valleys, in what are called "holler fills" ("hollow fills") or "valley fills".

The practice of MTM has been controversial. While there are economic benefits to this practice, there are also concerns for environmental and human health costs.  

Overview

Mountaintop removal mining (MTR), also known as mountaintop mining (MTM), is a form of surface mining that involves the topographical alteration and/or removal of a summit, hill, or ridge to access buried coal seams.

The MTR process involves the removal of coal seams by first fully removing the overburden lying atop them, exposing the seams from above. This method differs from more traditional underground mining, where typically a narrow shaft is dug which allows miners to collect seams using various underground methods, while leaving the vast majority of the overburden undisturbed. The overburden from MTR is either placed back on the ridge, attempting to reflect the approximate original contour of the mountain, and/or is moved into neighboring valleys.

Excess rock and soil containing mining byproducts are disposed into nearby valleys, in what are called "holler fills" or "valley fills".

MTR in the United States is most often associated with the extraction of coal in the Appalachian Mountains. Google Earth Engine and Landsat imagery report the extent of newly mined land from 1985 to 2015 to be 2,900km2. Considering surface mining sites prior to 1985, the cumulative total of mined land was calculated to be 5,900km2. Further studies calculated that 12m2 of mined land produced one metric ton of coal. Sites range from Ohio to Virginia. It occurs most commonly in West Virginia and Eastern Kentucky, the top two coal-producing states in Appalachia. At current rates, MTR in the U.S. will mine over 1.4 million acres (5,700 km²) by 2010, an amount of land area that exceeds that of the state of Delaware. More than 500 mountains in the US have been destroyed by this process, resulting in the burial of 3,200 km (2,000 mi) of streams.

Mountaintop removal has been practiced since the 1960s. Increased demand for coal in the United States, sparked by the 1973 and 1979 petroleum crises, created incentives for a more economical form of coal mining than the traditional underground mining methods involving hundreds of workers, triggering the first widespread use of MTR. Its prevalence expanded further in the 1990s to retrieve relatively low-sulfur coal, a cleaner-burning form, which became desirable as a result of amendments to the U.S. Clean Air Act that tightened emissions limits on high-sulfur coal processing.

Process

US EPA diagram of mountaintop mining:
"Step 1. Layers of rock and dirt above the coal (called overburden) are removed."
"Step 2. The upper seams of coal are removed with spoils placed in an adjacent valley."
"Step 3. Draglines excavate lower layers of coal with spoils placed in spoil piles."
"Step 4. Regrading begins as coal excavation continues."
"Step 5. Once coal removal is completed, final regrading takes place and the area is revegetated."

Mining

Land is deforested prior to mining operations and the resultant lumber is either sold or burned. According to the Surface Mining Control and Reclamation Act of 1977 (SMCRA), the topsoil is supposed to be removed and set aside for later reclamation. However, coal companies are often granted waivers and instead reclaim the mountain with "topsoil substitute". The waivers are granted if adequate amounts of topsoil are not naturally present on the rocky ridge top. Once the area is cleared, miners use explosives to blast away the overburden, the rock and subsoil, to expose coal seams beneath. The overburden is then moved by various mechanical means to areas of the ridge previously mined. These areas are the most economical area of storage as they are located close to the active pit of exposed coal. If the ridge topography is too steep to adequately handle the amount of spoil produced then additional storage is used in a nearby valley or hollow, creating what is known as a valley fill or hollow fill. Any streams in a valley are buried by the overburden.

A front-end loader or excavator then removes the coal, where it is transported to a processing plant. Once coal removal is completed, the mining operators back stack overburden from the next area to be mined into the now empty pit. After backstacking and grading of overburden has been completed, topsoil (or a topsoil substitute) is layered over the overburden layer. Next, grass seed is spread in a mixture of seed, fertilizer, and mulch made from recycled newspaper. Depending on surface land owner wishes the land will then be further reclaimed by adding trees if the pre-approved post-mining land use is forest land or wildlife habitat. If the land owner has requested other post-mining land uses the land can be reclaimed to be used as pasture land, economic development or other uses specified in SMCRA.

Because coal usually exists in multiple geologically stratified seams, miners can often repeat the blasting process to mine over a dozen seams on a single mountain, increasing the mine depth each time. This can result in a vertical descent of hundreds of extra feet into the earth.

Reclamation

Surface Mining Control and Reclamation Act

Established in 1977, the Surface Mining Control and Reclamation Act set up a program “for the regulation of surface mining activities and the reclamation of coal-mined lands”. Although U.S. mountaintop removal sites by law must be reclaimed after mining is complete, reclamation has traditionally focused on stabilizing rock formations and controlling for erosion, and not on the reforestation of the affected area. However, the Surface Mining Control and Reclamation Act of 1977 list "the restoration of land and water resources" as a priority.

Appalachian Regional Reforestation Initiative (ARRI)

Historically, reforested mining sites have been characterized by seedling mortality, slow growth and poor production. Challenges associated with returning forests to their pre-mining state enabled grassland conversion to become standard. The Appalachian Regional Reforestation Initiative (ARRI), established in 2004, works to promote the growth of hardwood trees on reclaimed mining sites. The ARRI operates utilizing the Forestry Reclamation Approach (FRA). In an effort to apply specific forest restoration practices, the FRA focuses on five main reclamation components: (1) establish suitable soil deeper than four feet to enhance root growth, (2) ensure non-compacted topsoil is present, (3) plan vegetative ground cover to support tree growth (4) include tree species that support local wildlife, as well as commercially desired products, (5) ensure that proper planting techniques are utilized. This group also facilitates restoration efforts by educating and training members of the coal industry on their role in promoting and adopting effective management practices.

Valley fill sites

Valley fill sites can be characterized by high sulfur concentrations from the weathering process of mountaintop sulfur-rich debris. Additionally, acid mine drainage (AMD) increases the concentration of sulfate, iron, aluminum and manganese in surrounding streams. Some of the most common treatments include plugging mine openings, altering the landscape to divert incoming water from at risk ecosystems, alkaline inputs, limestone channels and treatment ponds or wetlands.

Biotic stream remediation index

Current remediation methods may vary, but expensive treatment costs persist. The cost efficiency of treatments can be increased through the use of models that are able to accurately predict ecosystem responses to various inputs; thus enabling restoration groups to determine the overall most effective treatment combination. Biotic indicators present within stream ecosystems impacted by valley fill (VF) activity and AMD are valuable assets to increase the cost efficiency of restoration efforts. Mayflies (Order Ephemeroptera) are abundant in streams in the Appalachian Mountain region.They are highly sensitive to water quality, as their immature forms require unpolluted water. VF and AMD are the leading causes of water chemistry and habitat alterations in this region, the driving factors limiting mayfly populations. Thus, they can be utilized as an effective indicator species to quantify restoration progress through modeling efforts focused on mountaintop mining driven changes in adjacent ecosystems. Effectively developed biotic response models can improve and refine restoration efforts by establishing target indicator species population goals and by enabling the monitoring and assessment of water chemistry and habitat changes impacting particular species.

Economics

As of 2015, approximately one third of the electricity generated in the United States is produced by coal-fired power plants. MTR accounted for less than 5% of U.S. coal production as of 2001. In some regions, however, the percentage is higher, for example, MTR provided 30% of the coal mined in West Virginia in 2006.

Historically in the U.S. the prevalent method of coal acquisition was underground mining which is very labor-intensive. In MTR, through the use of explosives and large machinery, more than two and a half times as much coal can be extracted per worker per hour than in traditional underground mines, thus greatly reducing the need for workers. In Kentucky, for example, the number of workers has declined over 60% from 1979 to 2006 (from 47,190 to 17,959 workers). The industry overall lost approximately 10,000 jobs from 1990 to 1997, as MTR and other more mechanized underground mining methods became more widely used. The coal industry asserts that surface mining techniques, such as mountaintop removal, are safer for miners than sending miners underground.

Proponents argue that in certain geologic areas, MTR and similar forms of surface mining allow the only access to thin seams of coal that traditional underground mining would not be able to mine. MTR is sometimes the most cost-effective method of extracting coal.

Several studies of the impact of restrictions to mountaintop removal were authored in 2000 through 2005. Studies by Mark L. Burton, Michael J. Hicks and Cal Kent identified significant state-level tax losses attributable to lower levels of mining (notably the studies did not examine potential environmental costs, which the authors acknowledge may outweigh commercial benefits). Mountaintop removal sites are normally restored after the mining operation is complete, but "reclaimed soils characteristically have higher bulk density, lower organic content, low water-infiltration rates, and low nutrient content".

Reclamation projects designed in conjunction with community needs can aid local economic development. Previously mined land can be reclaimed as sustainable agricultural land and solar farms. These efforts can help to diversify and stimulate the local economy by providing jobs and other economic opportunities. 

Legislation in the United States

In the United States, MTR is allowed by section 515(c)(1) of the Surface Mining Control and Reclamation Act of 1977. Although most coal mining sites must be reclaimed to the land's pre-mining contour and use, regulatory agencies can issue waivers to allow MTR. In such cases, SMCRA dictates that reclamation must create "a level plateau or a gently rolling contour with no highwalls remaining".

Different organizations have tried to revise a stream buffer rule placed in 1977. The rule states that certain conditions must be met, or the mining operation must take place “within 100 feet of a stream”.  The Obama Administration, in July 2015, wrote up a draft "Stream Protection Rule". This draft adds “more protections to downstream waters”, but it will also debilitate the current buffer requirements.

In February 2017, President Trump signed a bill that did away with the stream protection rule previously administered by the Obama Administration.

Permits must be obtained to deposit valley fill into streams. On four occasions, federal courts have ruled that the US Army Corps of Engineers violated the Clean Water Act by issuing such permits. Massey Energy Company is currently appealing a 2007 ruling, but has been allowed to continue mining in the meantime because "most of the substantial harm has already occurred," according to the judge.

The Bush administration appealed one of these rulings in 2001 because the Act had not explicitly defined "fill material" that could legally be placed in a waterway. The EPA and Army Corps of Engineers changed a rule to include mining debris in the definition of fill material, and the ruling was overturned.

On December 2, 2008, the Bush Administration made a rule change to remove the Stream Buffer Zone protection provision from SMCRA allowing coal companies to place mining waste rock and dirt directly into headwater waterways.

A federal judge has also ruled that using settling ponds to remove mining waste from streams violates the Clean Water Act. He also declared that the Army Corps of Engineers has no authority to issue permits allowing discharge of pollutants into such in-stream settling ponds, which are often built just below valley fills.

On January 15, 2008, the environmental advocacy group Center for Biological Diversity petitioned the United States Fish and Wildlife Service (FWS) to end a policy that waives detailed federal Endangered Species Act reviews for new mining permits. Under current policy, as long as a given MTR mining operation complies with federal surface mining law, the agency presumes conclusively, despite the complexities of intra- and inter-species relationships, that the instance of MTR in question is not damaging to endangered species or their habitat. Since 1996, this policy has exempted many strip mines from being subject to permit-specific reviews of impact on individual endangered species. Because of the 1996 Biological Opinion by FWS making case-by-case formal reviews unnecessary, the Interior's Office of Surface Mining and state regulators require mining companies to hire a government-approved contractor to conduct their own surveys for any potential endangered species. The surveys require approval from state and federal biologists, who provide informal guidance on how to minimize mines' potential effects to species. While the agencies have the option to ask for formal endangered species consultations during that process, they do so very rarely.

On May 25, 2008, North Carolina State Representative Pricey Harrison introduced a bill to ban the use of mountaintop removal coal from coal-fired power plants within North Carolina. This proposed legislation would have been the only legislation of its kind in the United States; however, the bill was defeated.

A Memorandum of Understanding (MOU) and Interagency Action Plan (IAP) were signed by officials of EPA, the Corps, and the Department of the Interior on June 11, 2009. The MOU and IAP outlined different administrative actions that would help decrease “the harmful environmental impacts of mountaintop mining”. The plan also includes near and long-term actions that highlight “specific steps, improved coordination, and greater transparency of decisions”.

The U.S. Energy Information Administration (EIA) stated that the Clean Water Rule was completed on May 27, 2015 by the U.S. Environmental Protection Agency (EPA) and the U.S. Army.  The Clean Water Rule “more precisely defines waters protected under the Clean Water Act”. The EIA also stated that the Office of Surface Mining Reclamation and Enforcement (OSMRE), the EPA and the U. S. Army Corps of Engineers are collaborating with each other to make an environmental impact statement (EIS) “analyzing environmental impacts of coal surface mining in the Appalachian region”.

On Tuesday, April 9, 2019, the Subcommittee on Energy and Mineral Resources held a legislative hearing, "Health and Environmental Impacts of Mountaintop Removal Mining". This hearing involved the H.R. 2050 (Rep. Yarmuth ) bill. This bill stated that “until health studies are conducted by the Department of Health and Human Services", there will be a suspension on permitting for mountaintop removal coal mining.

Environmental impacts

The Hobet mine in West Virginia taken by NASA LANDSAT in 1984
 
The Hobet mine in West Virginia taken by NASA LANDSAT in 2009

MTR negatively impacts the environment. Practices of explosion and digging release many pollutants to the surrounding environment and community and alternation of the ecosystem. Associated air pollutants such as particulate matter, nitrogen oxides, sulfur dioxide not only raise health concerns, they also have effects on all ecosystems. Air pollution contributes to issues such as water and soil acidification, chemicals bioaccumulation in the food web and eutrophication. Operations of valley fills buried more than 2,000 km of headwater and streams in the Appalachians. MTR reduces the freshwater resource that supports biodiversity. In addition, the operation provides opportunities for contamination leaching. Ca2+, Mg2+ and SO42− alter water chemistry by increasing pH, salinity and electrical conductivity. Increasing phosphorus and nitrogen can cause nutrient pollution. Selenium is toxic and can bioaccumulate. Land disturbance from forestry cutting, soil and bedrock displacement/removal and use of heavy machinery can decrease soil infiltration rate, terrestrial habitat and carbon sequestration, increase in runoff and sediment weathering. As the consequence, hydrology, geochemistry and the ecosystem's health can be permanently impacted.

2010 report

A January 2010 report in the journal Science reviews current peer-reviewed studies and water quality data and explores the consequences of mountaintop mining. It concludes that mountaintop mining has serious environmental impacts that mitigation practices cannot successfully address. For example, the extensive tracts of deciduous forests destroyed by mountaintop mining support several endangered species and some of the highest biodiversity in North America. There is a particular problem with burial of headwater streams by valley fills which causes permanent loss of ecosystems that play critical roles in ecological processes.

In addition, increases in metal ions, pH, electrical conductivity, total dissolved solids due to elevated concentrations of sulfate are closely linked to the extent of mining in West Virginia watersheds. Declines in stream biodiversity have been linked to the level of mining disturbance in West Virginia watersheds.

Published studies

Published studies also show a high potential for human health impacts. These may result from contact with streams or exposure to airborne toxins and dust. Adult hospitalization for chronic pulmonary disorders and hypertension are elevated as a result of county-level coal production. Rates of mortality, lung cancer, as well as chronic heart, lung and kidney disease are also increased. A 2011 study found that counties in and near mountaintop mining areas had higher rates of birth defects for five out of six types of birth defects, including circulatory/respiratory, musculoskeletal, central nervous system, gastrointestinal, and urogenital defects.

These defect rates were more pronounced in the most recent period studied, suggesting the health effects of mountaintop mining-related air and water contamination may be cumulative. Another 2011 study found "the odds for reporting cancer were twice as high in the mountaintop mining environment compared to the non mining environment in ways not explained by age, sex, smoking, occupational exposure, or family cancer history".

Impact statement

A United States Environmental Protection Agency (EPA) environmental impact statement finds that streams near some valley fills from mountaintop removal contain higher levels of minerals in the water and decreased aquatic biodiversity. Mine-affected streams also have high selenium concentrations, which can bioaccumulate and produce toxic effects (e.g., reproductive failure, physical deformity, mortality), and these effects have been documented in reservoirs below streams. Because of higher pH balances in mine-affected streams, metals such as selenium and iron hydroxide are rendered insoluble, bringing attendant chemical changes to the stream.

The statement also estimates that 724 miles (1,165 km) of Appalachian streams were buried by valley fills between 1985 and 2001. On September 28, 2010, the U.S. Environmental Protection Agency’s (EPA) independent Science Advisory Board (SAB) released their first draft review of EPA’s research into the water quality impacts of valley fills associated with mountaintop mining, agreeing with EPA’s conclusion that valley fills are associated with increased levels of conductivity threatening aquatic life in surface waters. A 2012 review by Science of the Total Environment cited elevated concentrations of SO42-, HCO3-, Ca2+ and Mg2+ downstream from VF sites. These elevated concentrations are driving factors contributing to overall increases in water conductivity. Measured conductivity values ranging from 159 to 2720 μS/cm were recorded downstream. In comparison, the reference site that did not experience MTM measured conductivity values that ranged from 30 to 260μS/cm. 

Stream ecosystems

Headwater streams play a major role in the physicochemical quality of larger rivers and streams because of their close association to the surrounding landscape. They function to retain floodwaters, store nutrients and reduce sediment accumulation. VF processes limit these functions, negatively impacting surrounding rivers and watersheds. Factors contributing to disturbed stream flow include vegetation removal, subsequent aquifer formation, compaction of fill surface and overall loss of headwater streams. The removal of vegetation for mining sites reduces evapotranspiration rates from the watershed and ultimately leads to an increase in average discharge rates. Changes in flow can also be attributed to the formation of aquifers from VF that can store water entering from groundwater sources, surface run-off and precipitation. Compaction of VF sites from MTM equipment can increase the surface run-off contribution. The overall loss of headwater streams from VF practices reduces surface- groundwater connections.

Terrestrial impacts

While aquatic ecosystems and resources are vulnerable to pollution and geomorphological changes due to MTM and VF leaching, the terrestrial environment is also negatively impacted. The destruction of mountaintops results in forest loss and fragmentation. The overall loss of forest cover reduces suitable soil for revegetation efforts, carbon sequestration and biodiversity

The Appalachian region is characterized by its high biodiversity and steep topography. The varying elevations from mountains to valleys results in subsequent varying of forest ecosystem distributions. Forest loss and fragmentation exacerbate forest community distribution by altering the terrestrial environment. Fragmentation results in an increase in edge forests and a decrease in interior forests. This is an important distinction because forest conditions vary from both classifications. Edge forests are warmer, drier, more susceptible to windier conditions and can be better suited for invasive species. As edge forests become more prevalent, biodiversity is threatened. Forest communities as well as flora and fauna diversity depend on habitats provided by old growth forests. For example, a reduction in salamander populations on reclaimed sites can be attributed to an overall loss in mesic conditions. These conditions are not present in emerging edge forests. Additionally, terrestrial changes have transformed natural forest carbon sinks into carbon sources.

Environmental effects of reclamation

Reclaimed soil generally has high bulk density and lower in infiltration rate, nutrients content and organic matter; reclaimed sites are generally not successful to reestablish the pre-mining forests that once occupied due to poor soil quality. Mine sites are often converted to non-native grassland and shrub land habitat with primarily invasive vegetation. Fast-growing, non-native flora such as Lespedeza cuneata, planted to quickly provide vegetation on a site, compete with tree seedlings, and trees have difficulty establishing root systems in compacted backfill. In addition, reintroduced elk (Cervus canadensis) on mountaintop removal sites in Kentucky are eating tree seedlings. The new ecosystem differs from the original forest habitat and can have lower diversity and productivity. A study conducted in 2017 found that herpetofaunal (reptiles and amphibians) habitat generalists are associated with all habitats, while habitat specialists are only associated with forest sites. Reclaimed grassland and shrub land are unsuitable for habitat specialists in the near future. Consequently, biodiversity suffers in a region of the United States with numerous endemic species.

Streams are reclaimed by regrading mine land, reconfiguring the mine drain, or building new stream channels in an effort to resemble the buried ones. Although the mitigation focuses on rebuilding the structure, it has not successfully restored the ecological function of the natural streams. Evidence suggests that such methods can decrease the biodiversity over time. Studies comparing the characteristics of natural and constructed channels find that constructed channels are higher in specific conductance, temperature, ion concentration and lower in organic matter, leaves breakdown rate, invertebrate density and richness. Researchers have concluded that MTR has detrimental impacts on the aquatic system and the current assessments cannot adequately evaluate the quality of the constructed channels and failed to address the functional importance of the natural stream.

Advocates

Advocates of MTR claim that once the areas are reclaimed as mandated by law, the area can provide flat land suitable for many uses in a region where flat land is at a premium. They also maintain that the new growth on reclaimed mountaintop mined areas is better suited to support populations of game animals.

While some of the land is able to be turned into grassland which game animals can live in, the amount of grassland is minimal. The land does not retake the form it had before the MTR. As stated in the book Bringing Down the Mountains: "Some of the main problems associated with MTR include soil depletion, sedimentation, low success rate of tree regrowth, lack of successful revegetation, displacement of native wildlife, and burial of streams." The ecological benefits after MTR are far below the level of the original land.

Health impacts

Published studies also show a high potential for human health impacts. These may result from contact with streams or exposure to airborne toxins and dust. Adult hospitalization for chronic pulmonary disorders and hypertension are elevated as a result of county-level coal production. Rates of mortality, lung cancer, as well as chronic heart, lung and kidney disease are also increased. A 2011 study found that counties in and near mountaintop mining areas had higher rates of birth defects for five out of six types of birth defects, including circulatory/respiratory, musculoskeletal, central nervous system, gastrointestinal, and urogenital defects.

These defect rates were more pronounced in the most recent period studied, suggesting the health effects of mountaintop mining-related air and water contamination may be cumulative. Another 2011 study found "the odds for reporting cancer were twice as high in the mountaintop mining environment compared to the non mining environment in ways not explained by age, sex, smoking, occupational exposure, or family cancer history".

Air quality

Research has shown that MTR increases human exposure to particulate matters, PAHs and crustal-derived elements. Other than occupational exposure, data and models suggested that deposits of  such pollutants in lungs of the residents are significantly higher in mining areas. PM samples collected from residential sites around the mining area had higher concentrations of silica, aluminum, inorganic lithogenic components and organic matter. A comparison study that surveyed residents from both the MTR mining community and non-mining community reported that people living near the MTR site experienced more symptoms of respiratory disease. Many studies conclude that exposure to  MTR environments can lead to impaired respiratory health issues. Laboratory experiments on mice also suggested that PM collected from the Appalachian MTR site can damage microvascular function that may contribute to cardiovascular disease found in the area.

Drinking water quality

MTR has negative effects on surface and ground water quality. Surface water in MTM regions has higher concentrations of arsenic, selenium, lead, magnesium, calcium, aluminum, manganese, sulfates and hydrogen sulfide from overburden. Wastewater from the coal cleaning process contains surfactants, flocculants, coal fines, benzene and toluene, sulfur, silica, iron oxide, sodium, trace metals and other chemicals. Wastewater is often injected and stored underground and has the potential to contaminate other water sources. Ground water samples from domestic wells in mining areas documented contaminations of arsenic, lead, barium, beryllium, selenium, iron, manganese, aluminum and zinc levels surpassing drinking water standards. A statistical study showed that water treatment facilities in MTR counties had significantly higher violations under the Safe Drinking Water Act compared to non-MTR counties and non-mining counties.  Another study showed that ecological integrity of streams negatively correlates with cancer mortality rate in West Virginia; unhealthy streams correlates with higher cancer mortality rate. However, more studies are required on MTR impacts on public water and human health, some studies indicate the possibility of the two. Given the evidence that MTR impaired surface and ground water quality, safety of drinking water requires more efforts for protection and prevention.  

Environmental justice

Poverty and mortality disparities in Central Appalachia

The Appalachian region has a long history characterized by poverty. From 2013- 2017, 6.5% to 41.0% of the population in Appalachia was impoverished. The average poverty rate for this region is 16.3%, above the national average of 14.6%. Poverty rates are directly proportional to mountaintop mining areas. Poverty rates in MTM areas were found to be significantly higher than in non-mining areas. In 2007, adult poverty rates in MTM areas were 10.1% greater than adult poverty rates in non-mining areas in Appalachia. Mortality rates show a similar relationship. Economic and health disparities are concentrated in MTM areas.

Alliance for Appalachia

The Alliance for Appalachia was established in 2006, with the mission to promote a healthy Appalachia centered around community empowerment. Today, The Alliance for Appalachia includes fifteen different member organizations working directly with impacted communities throughout Appalachia and participating in regional and federal-level campaigns. This group has been instrumental in advocating for the RECLAIM Act.

Appalachian women-led activism

Appalachian Ironweed, a native wildflower, typically found in the mountains at the end of the summer; characterized by its strong, deep roots

Appalachian ironweed has become a symbol for the women of the Appalachian region. It represents their dedication to environmental activism and their tremendous strength to bear the burden of mountaintop mining while sustaining the grassroots fight for change. Activists like Maria Gunnoe and Maria Lambert dedicated their efforts to protect their families and their land from the adverse effects of MTM. Gunnoe and Lambert both organized and led grassroots efforts to educate their communities on the human health risks of MTM, with an emphasis on safe drinking water. Gunnoe advocated for the federal Clean Water Protection Act and continues to promote renewable energy efforts for the region. Lambert established the Prenter Water Fund which provides clean water to communities whose water has become polluted due to local MTM. 

Other sites

  • Laciana Valley, Spain (1994 - 2014)

Art, entertainment, and media

Short Videos

  • Award-winning videographer Trip Jennings highlights communities at risk of MTR and emphasizes the importance of reviving the economy in order to create a healthy future. Communities at Risk (2015). 
  • The Smithsonian Channel provides an aerial visual of the extent and scale of the process of MTR. The Land of Mountaintop Removal (2013). 

Documentaries

Non-fiction books

  • In April 2005, a group of Kentucky writers traveled together to see the devastation from mountaintop removal mining, and Wind Publishing produced the resulting collection of poems, essays and photographs, co-edited by Kristin Johannesen, Bobbie Ann Mason, and Mary Ann Taylor-Hall in Missing Mountains: We went to the mountaintop, but it wasn't there.
  • Dr. Shirley Stewart Burns, a West Virginia coalfield native, wrote the first academic work on mountaintop removal, titled Bringing Down The Mountains (2007), which is loosely based on her internationally award-winning 2005 Ph.D. dissertation of the same name.
  • Dr. Burns was also a co-editor, with Kentucky author Silas House and filmmaker Mari-Lynn Evans, of Coal Country (2009), a companion book for the nationally recognized feature-length film of the same name.
  • House, Silas & Howard, Jason (2009). Something's Rising: Appalachians Fighting Mountaintop Removal.
  • Howard, Jason (Editor) (2009). We All Live Downstream: Writings about Mountaintop Removal.
  • Dr. Rebecca Scott, another native West Virginian, examined the sociological relationship of identity and natural resource extraction in central Appalachia in her book, Removing Mountains (2010).
  • Hedges, Chris; Sacco, Joe (2012). Days of Destruction, Days of Revolt. Chapter 3. "Days of Devastation: Welch, West Virginia."
  • Cultural historian Jeff Biggers published The United States of Appalachia, which examined the cultural and human costs of mountaintop removal.

Additionally, many personal interest stories of coalfield residents have been written, including:

Fiction books

  • Mountaintop removal is a major plot element of Jonathan Franzen's best-selling novel Freedom (2010), wherein a major character helps to secure land for surface mining with the promise that it will be restored and turned into a nature reserve.
  • Same Sun Here by Silas House and Neela Vaswani is a novel for middle grade readers that deals with issues of mountaintop removal and is set over the course of one school year 2008-2009.
  • In John Grisham's novel Gray Mountain (2014), Samantha Kofer moves from a large Wall Street law firm to a small Appalachian town where she confronts the world of coal mining.

Music

Environmental issues in the United States

Per capita anthropogenic greenhouse gas emissions by country for the year 2000 including land-use change.
 
World CO2 emission by country 2006.svg

Environmental issues in the United States include climate change, energy, species conservation, invasive species, deforestation, mining, nuclear accidents, pesticides, pollution, waste and over-population. Despite taking hundreds of measures, the rate of environmental issues is increasing rapidly instead of reducing. The United States is among the most significant emitters of greenhouse gasses in the world. In terms of both total and per capita emissions, it is among the largest contributors. The climate policy of the United States has big influence on the world.

Movements and ideas

20th century

Both Conservationism and Environmentalism appeared in political debate in forests about the Progressive Era in the early 20th century. There were three main positions. The laissez-faire position held that owners of private property—including lumber and mining companies, should be allowed to do anything they wished for their property.

The Conservationists, led by President Theodore Roosevelt and his close ally Gifford Pinchot, said that the laissez-faire approach was too wasteful and inefficient. In any case, they noted, most of the natural resources in the western states were already owned by the federal government. The best course of action, they argued, was a long-term plan devised by national experts to maximize the long-term economic benefits of natural resources.

Environmentalism was the third position, led by John Muir (1838–1914). Muir's passion for nature made him the most influential American environmentalist. Muir preached that nature was sacred and humans are intruders who should look but not develop. He founded the Sierra Club and remains an icon of the environmentalist movement. He was primarily responsible for defining the environmentalist position, in the debate between Conservation and environmentalism.

Environmentalism preached that nature was almost sacred, and that man was an intruder. It allowed for limited tourism (such as hiking), but opposed automobiles in national parks. It strenuously opposed timber cutting on most public lands, and vehemently denounced the dams that Roosevelt supported for water supplies, electricity and flood control. Especially controversial was the Hetch Hetchy dam in Yosemite National Park, which Roosevelt approved, and which supplies the water supply of San Francisco.

Climate change

U.S. temperature record from 1950 to 2009 according to the National Oceanic and Atmospheric Administration (NOAA)

Climate change in the United States is causing effects in the United States that are widespread and varied. In 2012, the United States experienced its warmest year on record. Different regions experience widely different climatic changes. Changes in climate in the regions of the United States appear significant. For example, drought conditions appear to be worsening in the southwest while improving in the northeast. Generally, states that emit more carbon dioxide per person and block climate action, are suffering more. Some research has warned against possible problems due to American climate changes such as the spread of invasive species and possibilities of floods as well as droughts. Climate change is seen as a national security threat to the United States.

Greenhouse gas emissions by the United States are very large compared to most other countries: in terms of both total and per capita emissions, it is among the largest contributors.

As of April 2019, 69% of Americans think that climate change is happening and 55% think that it is mostly human caused. In 2015, The New York Times and several other sources revealed that oil companies knew that burning oil and gas could cause global warming since the 1970s but, nonetheless, funded deniers for years. 2016 was a historic year for billion-dollar weather and climate disasters in U.S. In April 2021 United States set itself a target of reducing GHG emissions by 50% - 52% by 2030.
 
NOAA's National Centers for Environmental Information (NCEI) reported that in 2020, the U.S. experienced 22 weather and climate-related events costing at least a billion dollars, exceeding the 1980–2019 inflation-adjusted average of 6.6 such events.

Energy

Since about 26% of all types of energy used in the United States are derived from fossil fuel consumption it is closely linked to greenhouse gas emissions. The energy policy of the United States is determined by federal, state and local public entities, which address issues of energy production, distribution, and consumption, such as building codes and gas mileage advancements. The production and transport of fossil fuels are also tied to significant environmental issues.

Species conservation

Many plant and animal species became extinct in North America soon after first human arrival, including the North American megafauna; others have become nearly extinct since European settlement, among them the American bison and California condor.

The last of the passenger pigeons died in 1914 after being the most common bird in North America. They were killed as both a source of food and because they were a threat to farming. Saving the bald eagle, the national bird of the U.S., from extinction was a notable conservation success.

As of 13 December 2016, the International Union for the Conservation of Nature's Red List shows the United States has 1,514 species on its Threatened list (Critically Endangered, Endangered and Vulnerable categories).

Invasive species

The brown tree snake (Boiga irregularis), an invasive species in the United States.

Invasive species are a significant threat to many native habitats and species of the United States and a significant cost to agriculture, forestry, and recreation. The term "invasive species" can refer to introduced/naturalized species, feral species, or introduced diseases. Some introduced species, such as the dandelion, do not cause significant economic or ecologic damage and are not widely considered as invasive. Economic damages associated with invasive species' effects and control costs are estimated at $120 billion per year.

Kudzu, a Japanese vine species invasive in the southeast United States, growing in Atlanta, Georgia

Deforestation

Virgin forest in the U.S.
 
 
In 1620
In 1850
In 1926

Deforestation in the United States was an ongoing process until recently. Between 2010 and 2020, the US forests increased 0.03% annually, according to FAO (Food and Agriculture Organization of the United Nations).

Prior to the arrival of European-Americans, about one half of the United States land area was forest, about 1,023,000,000 acres (4,140,000 km2) estimated in 1630. Forest cover in the Eastern United States reached its lowest point in roughly 1872 with about 48 percent compared to the amount of forest cover in 1620. The majority of deforestation took place prior to 1910 with the Forest Service reporting the minimum forestation as 721,000,000 acres (2,920,000 km2) around 1920. The forest resources of the United States have remained relatively constant through the 20th century. The Forest Service reported total forestation as 766,000,000 acres (3,100,000 km2) in 2012. A 2017 study estimated 3 percent loss of forest between 1992-2001.

The 2005 (FAO) Global Forest Resources Assessment ranked the United States as seventh highest country losing its old growth forests, a vast majority of which were removed prior to the 20th century.

Mining

Abandoned fossil fuel wells

Abandoned gas well pump

Though different jurisdictions have varying criteria for what exactly qualifies as an orphaned or abandoned oil well, generally speaking an oil well is considered abandoned when it has been permanently taken out of production. Similarly, orphaned wells may have different legal definitions across different jurisdictions, but can be thought of as wells whose legal owner it is not possible to determine.

Once a well is abandoned, it can be a source of toxic emissions and pollution contaminating groundwater and releases methane, making orphan wells a significant contributor to national greenhouse gas emissions. For this reason several states and federal programs have been initiated to plug wells. However, many of these programs are under capacity. In states like Texas and New Mexico these programs do not have enough funding or staff to fully evaluate and implement mitigation programs.

According to the Government Accountability Office the 2.1 million unplugged abandoned wells in the United States could cost as much as $300 billion. A joint Grist and The Texas Observer investigation in 2021 highlighted how government estimates of abandoned wells in Texas and New Mexico were likely underestimates and that market forces might have reduced prices so much creating peak oil conditions that would lead to more abandonment. Advocates of programs like the Green New Deal and broader climate change mitigation policy in the United States have advocated for funding plugging programs that would address stranded asset and provide a Just Transition for skilled oil and gas workers.

Nuclear

The locations across the U.S. where nuclear waste is stored

The most notable accident involving nuclear power in the United States was Three Mile Island accident in 1979. Davis-Besse Nuclear Power Station has been the source of two of the top five most dangerous nuclear incidents in the United States since 1979.

Nuclear safety in the United States is governed by federal regulations and continues to be studied by the Nuclear Regulatory Commission (NRC). The safety of nuclear plants and materials controlled by the U.S. government for research and weapons production, as well those powering naval vessels, is not governed by the NRC.

The anti-nuclear movement in the United States consists of more than eighty anti-nuclear groups which have acted to oppose nuclear power and/or nuclear weapons in the USA. The movement has delayed construction or halted commitments to build some new nuclear plants, and has pressured the Nuclear Regulatory Commission to enforce and strengthen the safety regulations for nuclear power plants. Anti-nuclear campaigns that captured national public attention in the 1970s and 1980s involved the Calvert Cliffs Nuclear Power Plant, Seabrook Station Nuclear Power Plant, Diablo Canyon Power Plant, Shoreham Nuclear Power Plant, and Three Mile Island.

Pesticides

Pesticide use in the United States is predominately by the agricultural sector, which in 2012 comprised 89% of conventional pesticide usage in the United States.

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was first passed in 1947, giving the United States Department of Agriculture responsibility for regulating pesticides. In 1972, FIFRA underwent a major revision and transferred responsibility of pesticide regulation to the Environmental Protection Agency and shifted emphasis to protection of the environment and public health.

Pollution

Pollution from the Exxon Valdez oil spill.

As with many countries, pollution in the United States is a concern for environmental organizations, government agencies and individuals.

Pollution from U.S. manufacturing has declined massively since 1990 (despite an increase in production). A 2018 study in the American Economic Review found that environmental regulation is the primary driver of the reduction in pollution.

Air pollution

Looking down from the Hollywood Hills, with Griffith Observatory on the hill in the foreground, air pollution is visible in downtown Los Angeles on a late afternoon.

Air pollution is the introduction of chemicals, particulate matter, or biological materials into the atmosphere, causing harm or discomfort to humans or other living organisms, or damaging ecosystems. Air pollution can cause health problems including (but not limited to) infections, behavioral changes, cancer, organ failure, and premature death. These health effects are not equally distributed across the U.S population; there are demographic disparities by race, ethnicity, socioeconomic status, and education. Air pollution has affected the United States since the beginning of the Industrial Revolution.

According to a 2009 report, around "60 percent of Americans live in areas where air pollution has reached unhealthy levels that can make people sick". Analyzing data from 2016–2018, the American Lung Association found major declines in air quality, including increases in ground-level ozone.

In 2016, a study found that levels of nitrogen oxides had plummeted over the previous decade, due to better regulations, economic shifts, and technological innovations. NASA reported a 32% decrease of nitrogen dioxide in New York City and a 42% decrease in Atlanta between the periods of 2005–2007 and 2009–2011.

Water pollution

Topsoil runoff from farm, central Iowa (2011).

Water pollution in the United States is a growing problem that became critical in the 19th century with the development of mechanized agriculture, mining, and industry, although laws and regulations introduced in the late 20th century have improved water quality in many water bodies. Extensive industrialization and rapid urban growth exacerbated water pollution as a lack of regulation allowed for discharges of sewage, toxic chemicals, nutrients and other pollutants into surface water.

In the early 20th century, communities began to install drinking water treatment systems, but control of the principal pollution sources—domestic sewage, industry, and agriculture—was not effectively addressed in the US until the later 20th century. These pollution sources can affect both groundwater and surface water. Multiple pollution incidents such as the Kingston Fossil Plant coal fly ash slurry spill (2008) and the Deepwater Horizon oil spill (2010) have left lasting impacts on water quality, ecosystems, and public health in the United States.

Many solutions to water pollution in the United States can be implemented to curtail water pollution. This includes municipal wastewater treatment, agricultural and industrial wastewater treatment, erosion and sediment control, and the control of urban runoff. The continued implementation of pollution prevention, control and treatment measures are used to pursue the goal of maintaining water quality within levels specified in federal and state regulations. However, many water bodies across the country continue to violate water quality standards in the 21st century.

Marine pollution

Plastic pollution

The United State is the biggest creator of plastic waste and the third largest source of ocean plastic pollution, e.g. plastic waste that gets into the oceans. Much of the plastic waste generated in the United States is shipped to other countries.

Solid waste

At 760 kg per person the United States generates the greatest amount of municipal waste. In 2018 municipal waste totaled 292.4 million short tons (265.3×106 t), or 4.9 pounds (2.2 kg) per person per day.

Policy

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community based-organizations, non governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.
Electronic waste
Computer monitors being packed for shipping

Electronic waste or e-waste in the United States refers to electronic products that have reached the end of their operable lives, and the United States is beginning to address its waste problems with regulations at a state and federal level. Used electronics are the quickest-growing source of waste and can have serious health impacts. The United States is the world leader in producing the most e-waste, followed closely by China; both countries domestically recycle and export e-waste. Only recently has the United States begun to make an effort to start regulating where e-waste goes and how it is disposed of. There is also an economic factor that has an effect on where and how e-waste is disposed of. Electronics are the primary users of precious and special metals, retrieving those metals from electronics can be viewed as important as raw metals may become more scarce.

The United States does not have an official federal e-waste regulation system, yet certain states have implemented state regulatory systems. The National Strategy for Electronic Stewardship was co-founded by the Environmental Protection Agency (EPA), the Council on Environmental Quality, and the General Services Administration (GSA), and was introduced in 2011 to focus on federal action to establish electronic stewardship in the United States. E-waste management is critical due to the toxic chemicals present in electronic devices. According to the United States EPA, toxic substances such as lead, mercury, arsenic, and cadmium are often released into the environment and endanger whole communities; these toxic contaminants can have detrimental effects on the health of ecosystems and living organisms. United States e-waste management includes recycling and reuse programs, domestic landfill dumping, and international shipments of domestically produced e-waste. The EPA estimates that in 2009, the United States disposed of 2.37 million tons of e-waste, 25% of which was recycled domestically.

Hazardous waste

A household hazardous waste collection center in Seattle, Washington, U.S.

Under United States environmental policy, hazardous waste is a waste (usually a solid waste) that has the potential to:

  • cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
  • pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Under the 1976 Resource Conservation and Recovery Act (RCRA), a facility that treats, stores or disposes of hazardous waste must obtain a permit for doing so. Generators of and transporters of hazardous waste must meet specific requirements for handling, managing, and tracking waste. Through RCRA, Congress directed EPA to issue regulations for the management of hazardous waste. EPA developed strict requirements for all aspects of hazardous waste management including the treatment, storage, and disposal of hazardous waste. In addition to these federal requirements, states may develop more stringent requirements or requirements that are broader in scope than the federal regulations.

EPA authorizes states to implement the RCRA hazardous waste program. Authorized states must maintain standards that are equivalent to and at least as stringent as the federal program. Implementation of the authorized program usually includes activities such as permitting, corrective action, inspections, monitoring and enforcement.

Population

The total U.S. population crossed the 100 million mark around 1915, the 200 million mark in 1967, and the 300 million mark in 2006 (estimated on Tuesday, October 17). The U.S. population more than tripled during the 20th century — a growth rate of about 1.3 percent a year — from about 76 million in 1900 to 281 million in 2000. This is unlike most European countries, especially Germany, Russia, Italy and Greece, whose populations are slowly declining, and whose fertility rates are below replacement.

Population growth is fastest among minorities, and according to the United States Census Bureau's estimation for 2005, 45% of American children under the age of 5 are minorities. In 2007, the nation’s minority population reached 102.5 million. A year before, the minority population totaled 100.7 million. Hispanic and Latino Americans accounted for almost half (1.4 million) of the national population growth of 2.9 million between July 1, 2005, and July 1, 2006.

Based on a population clock maintained by the U.S. Census Bureau, the current U.S. population, as of 5:55 GMT (EST+5) 27 April 2012 is 316,237,337. A 2004 U.S. Census Bureau report predicted an increase of one third by the year 2050. A subsequent 2008 report projects a population of 439 million, which is a 44% increase from 2008.

Conservation and environmental movement

Today, the organized environmental movement is represented by a wide range of organizations sometimes called non-governmental organizations or NGOs. These organizations exist on local national and international scales. Environmental NGOs vary widely in political views and in the amount they seek to influence the government. The environmental movement today consists of both large national groups and also many smaller local groups with local concerns. Some resemble the old U.S. conservation movement - whose modern expression is the Nature Conservancy, Audubon Society and National Geographic Society - American organizations with a worldwide influence.

U.S. Consumer Product Safety Commission

From Wikipedia, the free encyclopedia
 
U.S. Consumer Product Safety Commission
Seal of the United States Consumer Product Safety Commission.svg
Consumer Product Safety Commission’s seal
Agency overview
FormedOctober 24, 1972
HeadquartersBethesda, Maryland, U.S.
Employees500
Agency executives
Websitewww.cpsc.gov

The United States Consumer Product Safety Commission (USCPSC, CPSC, or commission) is an independent agency of the United States government. The CPSC seeks to promote the safety of consumer products by addressing “unreasonable risks” of injury (through coordinating recalls, evaluating products that are the subject of consumer complaints or industry reports, etc.); developing uniform safety standards (some mandatory, some through a voluntary standards process); and conducting research into product-related illness and injury. In part due to its small size, the CPSC attempts to coordinate with outside parties—including companies and consumer advocates—to leverage resources and expertise to achieve outcomes that advance consumer safety. The agency was created in 1972 through the Consumer Product Safety Act. The agency reports to Congress and the President; it is not part of any other department or agency in the federal government. The CPSC has five commissioners, who are nominated by the president and confirmed by the Senate for staggered seven-year terms. Historically, the commission was often run by three commissioners or fewer. Since 2009, however, the agency has generally been led by five commissioners, one of whom serves as chairman. The commissioners set policy for the CPSC. The CPSC is headquartered in Bethesda, Maryland.

Leadership

The commissioners of the CPSC are appointed by the U.S. president and with the consent of the U.S. Senate. As with some other U.S. federal independent agencies, commissioners are selected as members of political parties. Although the president is entitled by statute to select the chairman (with the consent of the Senate), no more than three commissioners may belong to the same party. Thus, the president is generally expected to consult with members of the opposite party in the Senate to select members of the commission from the opposite party. The commissioners (including the chairman) vote on selecting the vice chairman, who becomes acting chairman if the chairman’s term ends upon resignation or expiration.

Chairmen

The commission is led by acting Chairman Robert S. Adler, a Democrat who had previously served as acting chairman during the interim period between Inez Tenenbaum and Elliot F. Kaye’s chairmanships. Adler’s immediate predecessor was Ann Marie Buerkle, who held that position for the majority of the 2017-to-2019 period. Although she was nominated to be full, rather than acting, chairman, the Senate never acted on her nomination. The commission has not had a Senate-confirmed chairman since Kaye stepped down as chair following a White House request after Donald Trump’s inauguration. In March 2020, President Trump nominated Nancy Beck, an official at the U.S. Environmental Protection Agency, to chair the commission. Beck previously worked for an association representing the U.S. chemical industry.

Chairmen since 2000
Name Tenure Position (acting or full)
Robert S. Adler 2019– Acting
Ann Marie Buerkle 2017–2019 Acting
Elliot F. Kaye 2014–2017 Full
Robert S. Adler 2013–2014 Acting
Inez Tenenbaum 2009–2013 Full
Thomas Hill Moore 2009 Acting
Nancy Nord 2006–2009 Acting
Hal Stratton 2002–2006 Full
Ann Brown 1994–2001 Full

Current commissioners

Photo of all five members of the CPSC in front of the hearing room dais at CPSC headquarters in Bethesda, Maryland
Members of the U.S. Consumer Product Safety Commission in 2018: (Left to Right) Peter Feldman, Dana Baiocco, Ann Marie Buerkle, Robert Adler, and Elliot Kaye

As of November 2020, the commission had a 2-to-2 partisan split between Republicans and Democrats. (Commissioner Kaye continues to hold his seat after the October 2020 expiration of his term during a statutorily permitted 1-year holdover.)

Name Position Party Appointed by Sworn in Term expires
Robert S. Adler Acting Chairman Democratic Barack Obama August 2009 October 27, 2021
Commissioner
Elliot F. Kaye Democratic July 2014 October 27, 2020
Dana Baiocco Republican Donald Trump June 2018 October 27, 2024
Peter Feldman October 5, 2018 October 27, 2026

Scope

All-terrain vehicle safety poster

The CPSC regulates the manufacture and sale of more than 15,000 different consumer products, from cribs to all-terrain vehicles. Products excluded from the CPSC’s jurisdiction include those specifically named by law as under the jurisdiction of other federal agencies. For example, on-road automobiles are regulated by the National Highway Traffic Safety Administration, guns are regulated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and drugs are regulated by the Food and Drug Administration.

Activities

The CPSC fulfills its mission by banning dangerous consumer products, establishing safety requirements for other consumer products, issuing recalls of products already on the market, and researching potential hazards associated with consumer products.

Recalls, voluntary & otherwise

The aspect of CPSC’s work that most U.S. citizens might recognize is the “recall,” formally a “corrective action” in which a company develops a “a comprehensive plan that reaches throughout the entire distribution chain to consumers who have the product” and addresses a potential or alleged failure of a product. Recalls are nearly always voluntary. While many recalls involve consumers returning consumer products to the manufacturer for a replacement or, more rarely, a refund, recalls have also involved tasks such as instructing users on how to clean an item or publishing a software patch. Most recalls recover very few consumer products, for a variety of hypothesized reasons. Industry and consumer advocates are often at odds over whether recalls need to be more effective, as many consumers may simply discard products that are the subject of recalls. Whether a consumer learns of a recall in the first place is a different question. One commissioner has called for companies to spend as much on recall advertising as the companies do on their advertising of the products before recalls.

Rulemaking

The CPSC makes rules about consumer products when it identifies a consumer product hazard that is not already addressed by an industry voluntary consensus standard, or when Congress directs it to do so. Its rules can specify basic design requirements, or they can amount to product bans, as in the case of small high-powered magnets, which the CPSC attempted to ban. For certain infant products, the CPSC regulates even when voluntary standards exist. The CPSC is required to follow a rigorous, scientific process to develop mandatory rules. Failing to do so can justify the revocation of a rule, as was the case in a Tenth Circuit decision vacating the CPSC’s ban on small high-powered magnets.

Information gathering & information sharing

The CPSC learns about unsafe products in several ways. The agency maintains a consumer hotline through which consumers may report concerns about unsafe products or injuries associated with products. Product safety concerns may also be submitted through SaferProducts.gov. The agency also operates the National Electronic Injury Surveillance System (NEISS), a probability sample of about 100 hospitals with 24-hour emergency rooms. NEISS collects data on consumer product related injuries treated in ERs and can be used to generate national estimates.

The agency also works with and shares information with other governments, both in the U.S. (with states and public health agencies) and with international counterparts.

Publicity & communication

Mannequin targeted in CPSC Fireworks Safety Demonstration 2017

The CPSC works on a variety of publicity campaigns to raise awareness of safety.

Fireworks

Annually, the CPSC blows up mannequins to demonstrate the dangers of improper use of fireworks.

Drowning prevention

In connection with the U.S. swimming season (the northern hemisphere’s summer, roughly May to September), the CPSC conducts the “Pool Safely” campaign to prevent drowning through methods such as building fences and supporting education programs. Other efforts include attempts to prevent suction entrapment, which can kill by trapping a swimmer underwater, by eviscerating a swimmer’s internal organs (when a suction tube lacks a cover), or otherwise.

Social media presence

The CPSC’s Twitter account, @USCPSC, has garnered attention for amusing memes. It has been variously described as “The US Government’s Best Twitter Account” and the “coolest government Twitter account.”

Enforcement

Since February 2015, the average civil penalty has been $2.9 million. In April 2018, Polaris Industries agreed to pay a record $27.25 million civil penalty for failing to report defective off-road vehicles.

Funding and staff

In 1972 when the agency was created, it had a budget of $34.7 million and 786 staff members. By 2008 it had 401 employees on a budget of $43 million, but the Consumer Product Safety Improvement Act passed in 2008 increases funding $136.4 million in 2014 with full-time employees to at least 500 by 2013. Funding dropped to $127 million as of the commission’s fiscal year 2019 appropriation, and it continues to have slightly more than 500 employees.

Mid-2000s reform following the “Year of the Recall”

The year 2007 was called the “Year of the Recall” by some CPSC-watchers in the United States. The CPSC worked with manufacturers and importers on a record 473 voluntary recalls that year, and other U.S. federal agencies promoted other widely noted recalls. CPSC recalls included many incidents with lead in toys and other children’s products.

Consumer Product Safety Improvement Act of 2008

These issues led to the legislative interest in the reform of the agency, and the final result of these efforts was the passage of the Consumer Product Safety Improvement Act in 2008. The bill increased funding and staffing for the CPSC, placed stricter limits on lead levels in children’s products (redefined from products intended for children age seven and under to children age twelve and under), restricted certain phthalates in children’s toys and child care articles, and required mandatory testing and certification of applicable products. The Danny Keysar Child Product Notification Act required the CPSC to create a public database of recalled products and to provide consumers with a postage-paid postcard for each durable infant or toddler product. This act was named after Danny Keysar, who died in a recalled crib. Danny’s parents, Linda E. Ginzel and Boaz Keysar, founded Kids In Danger and were instrumental in working with the CPSC to strengthen product safety standards.

Creation of public database

The public database (saferproducts.gov), constructed at a cost of around US$3 million and launched in March 2011, “publicizes complaints from virtually anyone who can provide details about a safety problem connected with any of the 15,000 kinds of consumer goods regulated by the CPSC.” While lauded by consumer advocates for making previously hidden information available, manufacturers have expressed their concern “that most of the complaints are not first vetted by the CPSC before they are made public,” meaning it could be abused and potentially used to target specific brands. As of mid-April 2011, the database was accruing about 30 safety complaints per day. By June 2018, the database had 36,544 reports, with an average of approximately 13.74 reports filed each day.

Controversies

Recall of inclined infant sleepers

In 2019, the CPSC recalled inclined sleepers sold by multiple companies (including Mattel Fisher-Price’s Rock ’n Play as well as Kids II’s and Dorel’s rocking sleepers sold under a variety of brand names). The recalled products were associated with more than 30 infant deaths according to contemporary news reports. The controversy was among those that were tied to Acting Chairman Ann Marie Burekle’s announcement of her intention to step down after waiting for years for the U.S. Senate to act on her nomination to serve an additional term and be formally elevated to full chairmanship.

Recall of jogging strollers in 2019 after settlement in 2018

The CPSC sued the maker of Britax jogging strollers, then settled with the company, in 2018. Reports attributed the change to the change in personnel after Republicans gained a majority on the commission, although some commentators noted the unusual circumstances of the commission suing over a product that met existing standards. The 2018 settlement included the company’s agreement to provide a replacement part to consumers. The replacement part—a bolt—itself was later recalled because it broke easily.

Attempt to ban small, high-powered magnets

In 2012, following reports of consumers (mostly children) ingesting small, high-powered magnets made of rare earth materials such as neodynium, the commission voted to block sales of Maxfield & Oberton’s Buckyballs-branded toys, and later voted to issue a rule that would amount to a ban on all similar toys. Later, however, a federal appellate court overturned the ban, finding that the Commission had moved forward without adequate data. The decision vacating the ban was written by later-Supreme Court Justice Neil Gorsuch.

Industry-sponsored travel in the early 2000s

On November 2, 2007, The Washington Post reported that between 2002 and the date of their report, former chairman Hal Stratton and current commissioner and former acting chairman Nancy Nord had taken more than 30 trips paid for by manufacturing groups or lobbyists representing industries that are under the supervision of the agency. According to the Post, the groups paid for over $60,000 travel and related expenses during this time.

Surviving challenges to the commission’s continued existence

The CPSC’s creation was not without controversy, and the agency survived attempts to close it in its first decades. In 1981, President Ronald Reagan’s head of the Office of Management & Budget, David Stockman, sought to end the authorization for the agency to move it inside the Department of Commerce. The agency was given a new lease on life following agreement among U.S. senators.

Entropy (information theory)

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Entropy_(information_theory) In info...