| As previously reported here, there are tiny but detectable amounts of mercury in HFCS. It happens because some chlor-alkali plants use mercury to make caustic soda. Caustic soda is then, in turn, used in the manufacturing process for HFCS. But the good news is that the House has a bill that will fix the problem. And they held a hearing on it in the Energy & Commerce committee on May 12.
The manufacturing process for chlorine and caustic soda also emits mercury pollution into the atmosphere, where it gets into our waterways and our fish. While this bill entirely fixes the mercury in HFCS problem, it will only reduce the amount of mercury in fish. But - that's better than nothing and it's an important step in the solution.
I'm not sure what the chances of this passing are because the Energy & Commerce committee has a LOT on its plate (most prominently, the climate change bill, which it just passed out of committee, and also food safety legislation). But the chair of the committee, Henry Waxman, is a bulldog ("the mustache of justice") so maybe he'll get something done on this issue.
Details about the testimony heard is below. |
As you'll note, the hearing actually covered two different bills - the one I'm talking about regarding mercury, and another one about consumer credit. I am only addressing mercury in this diary.
The Subcommittee on Commerce, Trade, and Consumer Protection held a legislative hearing on H.R. 2309, the Consumer Credit and Debt Protection Act and H.R. 2190, the Mercury Pollution Reduction Act on Tuesday, May 12, 2009, in 2322 Rayburn House Office Building.
Witness List
- Catherine O'Neill, Associate Professor of Law, Seattle University School of Law, Member Scholar, Center for Progressive Reform
- Lynn Goldman, MD, MPH, Professor, Johns Hopkins School of Public Health, Principal Investigator, Johns Hopkins National Children's Study (Former EPA Assistant Administrator for Prevention, Pesticides, and Toxic Substances, Administration of President William Jefferson Clinton)
- Richard Jackson, Executive Vice President of Operations, ASHTA Chemicals Inc.
Opening Statement by Subcommittee Chair Rep. Bobby Rush: He noted the harmful effects of mercury and the problem of mercury in seafood. He then said that only 4 plants actually use mercury in the production of chlorine and he more or less dared them to justify why this bill shouldn't become law. It seems clear that he supports the bill, as he commended its sponsor, Jan Schakowsky.
Catherine O'Neill: I'd like to share the opening paragraphs of her written testimony:
At least one in ten women of childbearing age in the United States has blood levels of mercury that threaten the neurological health of her newborn babies. Chlor-alkali plants are a major source of mercury pollution, and an entirely unnecessary source at all, because there's a cleaner and more efficient method of producing chlorine and caustic soda that uses no mercury whatsoever... It's unacceptable simply to tell women to stop eating fish for several decades of their lives, until they're certain they won't have any more children - and yet that's basically the prevention strategy we're using.
For years now, we've tried waiting this problem out, allowing the chlor-alkali plants to switch over to mercury-free production methods on their own. It's time to stop waiting, and start requiring them to clean up their act, so as to reduce this serious and entirely unnecessary risk.
She went on to talk about the effects of mercury as a neurotoxin and to emphasize the preventable nature of the mercury being emitted by chlor-alkali plants, as cleaner methods of producing chlorine and caustic soda are available.
Lynn Goldman: She introduced herself as a pediatrician and former administrator at the EPA. She began by covering the effects of mercury on children's health. Then she said (in her written testimony):
"Mercury cell" chlor-alkali manufacturing processes are among the least essential uses of mercury on the market today. Japan has banned them and the European Union is phasing them out of production by 2020. In the United States, most companies have already switched from mercury cells to cleaner membrane-based technologies in order to eliminate the use and emissions of mercury in chlor-alkali production. These newer technologies are not only feasible, they are also cost-effective. Only a handful of US companies continue to use the mercury cell process; their production comprises less than 5% of the total US chlorine and caustic soda production. Yet, large quantities of mercury are used in these processes. These facilities generate demand for mercury, leading to upstream releases of mercury form mining and other activities that are needed to supply them with mercury. These facilities generate releases of mercury, in the course of manufacturing, in waste, and via mercury contamination of products. They ahve caused mercury exposure in workers who maintain and operate these plants. Releases of mercury anywhere in the world contribute to the levels of mercury in the global environment, but there are also significant amounts of local deposition. Studies have shown that mercury levels are generally higher in the proximity of mercury chlor-alkali plants.
Together, they built a pretty strong argument to pass this bill. So what was the industry response?
Richard Jackson: Jackson begins by distinguishing between a few different products made in chlor-alkali plants. They make chlorine and caustic soda, as noted, but they also make potassium hydroxide (KOH). And about half of the KOH production uses mercury cell production. His plant produces less than 0.5% of the chlorine in the US but 13% of the KOH.
Apparently there are three ways to make chlorine and caustic soda but only two to make KOH (one of which uses mercury). He claims that mercury cell production is NOT obsolete, there are NOT cost effective alternatives, and he says that if his plant is forced to stop using mercury, it won't significantly change the amount of mercury in the environment. Oh, and if the bill passes he claims his plant will close and the Ohio town where it's located will lose jobs.
So that's what was said in the hearing. What I want to know is: If there are 2 methods to make KOH and 50% of US production uses the non-mercury method, then what ground does the other 50% possibly have to stand on? Jackson claimed that he cannot convert his plant to non-mercury KOH production within 24 months of the passage of the bill. I'd recommend that he get started converting it now in that case, so he's got a nice head start.
The bill (HR 2190) only has 19 co-sponsors so far, so if your Congressperson is not on the list below, email them.
Rep. Grace Napolitano [D-CA38]
Rep. Raul Grijalva [D-AZ7]
Del. Eleanor Norton [D-DC]
Rep. Sam Farr [D-CA17]
Rep. Keith Ellison [D-MN5]
Rep. Adam Smith [D-WA9]
Rep. Diane Watson [D-CA33]
Rep. Frank Pallone [D-NJ6]
Rep. Rosa DeLauro [D-CT3]
Rep. Lynn Woolsey [D-CA6]
Rep. Barbara Lee [D-CA9]
Rep. Phil Hare [D-IL17]
Rep. Joe Sestak [D-PA7]
Rep. Russ Carnahan [D-MO3]
Rep. Mazie Hirono [D-HI2]
Rep. David Price [D-NC4]
Rep. James Moran [D-VA8]
Rep. Earl Blumenauer [D-OR3]
Rep. Howard Berman [D-CA28] |
