ENVIRONMENTAL
NEWS
SUMMARY HaylT, !974
Office of Public Affairs U.S. Environmental Protection Agency Washington, D.C. 20460
RESERVE MINING CASE
Republic Steel President William De Lancey says Republic, Armco (co-owners of
Reserve Mining) "convinced that no health hazard exists" at Silver Bay, but "we are in
the process of examining other possibilities" in case Reserve permanently closed(N.Y.
Times. 5/9/74) EIGHTH CIRCUIT COURT OF APPEALS, which stayed Judge Lord's closing
of Reserve--pending 5/15 hearing(see 5/3/74 News Summary), tells parties in trial to
advise judges of on-land disposal plans and of any objection to Lord's rulings. Minne-
apolis Tribune(5/4/74) says directive "is generally interpreted as being rather favor-
able to Reserve's position." MINNESOTA UNITED LABOR COMMITTEE ON ENERGY, two state
senators, urge state takeover of Reserve: "The most fitting answer to Reserve's black-
mail is for the state of Minnesota to insure the economic well-being of our citizens by
taking over the taconite mining and processing from Reserve (unidentified paper, 5/3/74)
UNITED STEELWORKERS OF AMERICA files motion to enter case as friend of the court
(Duluth News-Tribune, 5/2/74). USW says it has interests common to both plaintiffs, de-
fendants; will urge extension of stay on grounds that evidence doesn't establish risk of
immediate health hazard CEQ'S PETERSON says, "The company's 3,110 employees...have
only Reserve to blame for their predicament...[it] could easily afford the financial
burden of abating both the air pollution problems and the discharge of tailings..." (Min
neapolis Tribune. 5/1/74) ARMCO SAYS IT HAS COMPLETED ARRANGEMENTS for iron ore
from foreign suppliers to offset losses if Reserve closes(Minneapolis Tribune, 4/26/74).
LORD SAYS RESERVE AND PARENT FIRMS acted "in bad faith" and "beneath the standards"
of U.S. business corporations when they contended that on-land disposal impossible; also
charges "misrepresentation" of facts(Minneapolis Tribune, 4/5/74) ARMCO STEEL PRES
IDENT C. WILLIAM VERITY maintains position (rejected by Lord) that fastest way to stop
discharges is to allow them to continue up to five years, until Reserve builds new plant
(Minneapolis Star, 4/24/74). Armco also wants (1) government financial aid, (2) "satis-
factory court resolution" of health issues, and (3) granting of permits from reg agencie
to allow operation for life of mine Minneapolis Star(4/24/74) feature strongly im-
plies that mood of Reserve employees more one of "fatalism" than of anger; another fea-
ture in same issue says Reserve warned in 1947 of taconite tailings danger ADDI-
TIONAL COVERAGE OF RESERVE CASE in Detroit News(4/22&24/74). Minneapolis Star(5/2/74),
and United Auto Workers Washington Report(4/29/74), which quotes leading cancer resear-
cher, Dr. Irving Selikoff, as saying that Reserve closing "will have historic global im-
plications in the effort to head off a possible cause of cancer to large numbers of peo-
ple." CONTINUING EDITORIAL REACTION; "It is a question for the courts," says Chi-
cago Tribune(4/20/74), "which so far have been more deliberate than speedy. For all the
law's majestic delays, the judicial system certainly owes industry, the executive branch
and the public a decision before very much longer." "RESERVE MINING SEEMS TO HAVE
DECIDED that profitability is more important than public health," says Louisville Times
(4/25/74), "...forcing...Lord to make the painful, but unavoidable, decision. ...Lord's
courageous decision should suggest to other industrialists that voluntary compliance wit
reasonable standards of cleanliness is a less costly alternative in the long run than
stubborn resistance."
IN RELATED DEVELOPMENTS, On order from Judge Lord, Army Corps of Engineers be-
gins filtering asbestos-type fibers from drinking water of six communities in Lake Supe-
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ENVIRONMENTAL NEWS SUMMARY
rior Basin (including Duluth, Minn.), "without regard to reimbursement"(Minneapolis Star,
5/2/74).(Minneapolis Tribune. 5/3/74) ASBESTOS-FIBER HEALTH THREAT IN DULUTH DRINK-
ING WATER gets coverage in Minneapolis Tribune(4/26/74). St. Louis Post-Dispatch(4/26/
74) EPA TEMPORARY BAN on use of Duluth drinking water across state lines (see 5/3/
74 News Summary) will not be enforced by Food and Drug Administration(Duluth News-Tri-
bune. 5/2/74).(Minneapolis Star. 5/2/74). "Sources" say FDA action based on belief of
"insufficient proof" of water danger, lack of established tolerance for asbestos in wa-
ter.
IN OTHER GREAT LAKES DEVELOPMENTS. Environmentalists warn that unless protec-
tive steps taken quickly, Lake Superior may become as polluted as other Great Lakes(Wash
Star. 4/24/74) COMMENTING ON U.S. TARDINESS in helping Canada clean up Great Lakes
(see 5/3/74, News Summary). Daily Republican. Phoenixville, Pa.,(4/24/74} says "White
House reluctance is only one factor. In a recent speech, Rep. Jim Wright of Texas cited
'baffling guidelines, burgeoning regulations, bewildering paperwork and ever-changing
directives,1 saying that 'the bureaucratic impoundments have choked off the flow of
funds even more drastically than the overt presidential impoundments.1 There is some
irony in the fact that most of the bureaucratic slowdown can be blamed on that govern-
ment body presumably most concerned about ridding the lakes of pollution, the Environmet*
tal Protection Agency. The EPA has been so bent on assuring these projects' environmen-
tal soundness that speed has been sacrificed. This runs counter to strong indications
that speed is essential if the Great Lakes are to be saved."
RYAN ON EPA
Robert Ryan, Dir., EPA Ofc. of Legislation, tells National Association of Coun-
ties that EPA has built "a false atmosphere of success." Too much time, says Ryan,
spent exchanging "kudos" with environmental organizations, "a sort of permanent Academy
Awards ceremony—congratulating one another for being beautiful." So much time spent
talking with professional environmentalists, says Ryan, that EPA had little time left to
discuss matters with state, county, local governments, "on whose shoulders fall much of
the burden of cleaning up the environment." Also raps water regs: "No criticism of EPA
would be complete without a few words about our regulations, which in the past have been
mind-boggling in complexity. In the face of a clear instruction from the Congress in
the clean water amendments of 1972 to do away with red tape and follow formalisms, we
came out with some regulations so complex that they could only be understood by the au-
thors." But, Ryan adds, "There is now a conscious and deliberate initiative on the part
of EPA to open new and better lines of communication to state and local government offi-
cials."(AP story in Tacoma, Wash. News Tribune. 5/1/74, Spokane Daily Chronicle. 5/1/74),
(UPI story in Salem, Ore. Capital Journal. 4/30/74).(Seattle Times. 4/30/74),(Seattle
Journal of Commerce. 5/1/74).
VINYL CHLORIDE
EPA suspends from further sale, orders immediate recall of, all pesticide aero-
sols containing vinyl chloride. Train says, "While the public health implications of
expsoure to vinyl chloride from short pesticide bursts are undetermined, the link be-
tween the gas and the cancer is suspected strongly enough to make it prudent public pol-
icy to ban further use of these products." Affects 28 products, about 19,000 spray cans.
(Wall St. Journal. 4/25/74).(Wash. Post. 4/25/74),(N.Y. Times. 4/25/74),(Consumer News-
week. 4/29/74).
IN RELATED DEVELOPMENTS! U.S. Consumer Products Safety Commission intends to
ban use of vinyl chloride in most household aerosol sprays(N.Y. Times, 5/8/74).(Wall St.
Journal, 5/8/74) LABOR DEPT. proposes permanent restrictions on workers' exposure
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ENVIRONMENTAL NEWS SUMMARY
to vinyl chloride that would limit its atmospheric concentration in work areas to inde-
tectable levels (Wall St. Journal. 5/9/74) Scientists gather at first internation-
al conference on vinyl chloride, where they hear "disturbing indications" that danger to
plastic workers may be more widespread than first realized, and that chemical may also
pose environmental, public-health problems(Wall St. Journal, 5/13/74).(N.Y. Times, 5/11/
74).(Wash. Star-News. 5/12/74).(Wash. Post, 5/11&12/74) VINYL CHLORIDE backgroundei
in Wash. Post(5/5/74).
SULFUR OXIDE SCRUBBERS
Ky. Public Service Commission allows Louisville Gas and Electric Co. to install
scrubbers on only one of its six coal-burning units, until the "reliability and effec-
tiveness of the unit...is demonstrated." In letter to Federal Power Commission chairman
John Nassikas, Train intervenes on behalf of LG&E, warning, "If FPC does not support the
progressive efforts of firms such as LG&E, achievement of our nation's clean air goals
will be severely hampered and the fallacious claim that flue gas desulfurization tech-
nology is 'unavailable1 may become a self-fulfilling prophecy." EPA says case has na-
tional significance in that utilities may continue to lack incentive "if they believe
that state public utility commissions can be used to justify noncompliance or delayed
compliance"(Louisville Courier-Journal),(Air & Water News, 4/22/74),(Air/Water Pollution
Report, 4/22/74),(Environmental Technology & Economics, 5/6/74) "IT1S OUTRAGEOUS
that the PSC should thwart LG&E at this stage," says Louisville Courier-Journal(4/24/74).
"As anybody knows who has followed this issue even casually, the executives of many othei
utilities—in this state and all over the nation—fear LG&E's success. They know that
installation of a successful system at Louisville will place them under enormous pressure
to adopt stack gas desulfurization programs. ...The PSC has no right to treat LG&E like
a too-attractive stepchild of the utility industry. And the Federal Power Commission
has no right to front for the utility interests which fear and resent LG&E's success...
The people of this community, who are rightly disturbed about the 160,000 tons of sulfur
dioxide poured into the air by power plants each year, will welcome Mr. Train's attempt
to rescue LG&E from a dilemma."
IN OTHER AIR DEVELOPMENTS. Supreme Court won't hear four utilities' appeal of
U.S. Circuit Court decision upholding EPA's new source performance standards for coal-
fired power plants. Companies argued unsuccessfully that agency failed to prove its
standards could be achieved and that agency should have filed impact statement to accom-
pany standards(San Juan Star. 4/30/74),(Energy Resources Report,5/3/74).(Air & Water
News. 5/6/74).(Air/Water Pollution Report. 5/6/74). (Sierra Club National News Report.
5/3/74). Citing utilities' argument that EPA rules threatened electric power develop-
ment in U.S., Nashville Tennessean(5/3/74) says, "Everyone agrees that development of...
power facilities is essential but it does not follow that these developments cannot be
carried out in consonance with reasonable environmental protection regulations...Some
environmentalists might be prone to go too far in blocking new power plants. But if the
power companies had their way, it is doubtful if the environment would have any protec-
tion at all. It is encouraging that the Supreme Court has given its approval to the
idea that reasonable rules can be formulated for the sake of a clean environment."
PASSAGE BY HOUSE OF BILL delaying auto emission standards and permitting power plant
switch-over from oil to coal (see 5/10/74 News Summary) gets continued coverage in
Sierra Club National News Report(5/3/74). Energy Resources Report(5/3/74). Air/Water
Pollution Report(5/6/74).
LAND USE BILL
Resumption of hearings by House Interior Committee on Fed Land Use Bill gets
coverage in Newsweek(4/29/74). Dallas Morning News(4/28/74). Coastal Zone Management(4/
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ENVIRONMENTAL NEWS SUMMARY
24 & 5/11/74), Audubon Leader(4/26/74), Sierra Club National News Report(4/26/74).
Land and the Environment(5/3/74) says that "despite preponderance of negative testimony,
hearings will prove a net plus for fRep. Morris] Udall (sponsor of Land Use Bill), es-
pecially in view of increased support expressed by development and building interests.
Interior's Morton says Administration desires passage of bill, but White House wants
existing measures amended to foster local planning and minimize fed intervention. UP I
story in Eugene, Ore. Register-Guard(4/24/74) quotes Ore. Gov. Tom McCall at hearing:
"I am accepting the bill in its present form...even though it lacks a necessary ingre-
dient—sanctions against the states." "THE NEED FOR SUCH AN ACT," says Philadelphia
Inquirer(4/26/74), "is plain and compelling. The helter-skelter way in which the nation
has paved over and built over its irreplaceable land resources is a national scandal...
And now the energy shortage and the prospect of further food shortages make it all the
more vital that we make rational plans to conserve energy, the environment and our dwin-
dling agricultural lands."
IN RELATED DEVELOPMENTS. Two land use bills which "reinforce each other" pass
Colorado legislature; Gov's signature expected. One broadens, clarifies, strengthens,
the powers of towns, counties to control activities "which may result in significant
changes in population growth"; the other increases state financial, technical assis-
tance to local governments for land-use planning, and allows state Land Use Commission,
in some cases, to force local officials to act(Denver Post, 4/25/74). Same paper (4/26/
74) comments: "Colorado now has a promising system of land use controls--in theory. In
practice, the effectiveness of the new law will be only as good as the ability and will-
ingness of state and local government to administer it. While not everything land-use
control proponents desired or were entitled to was realized, the new system can be said
to be a foundation on which a stronger system can be built if the human beings in the
system so desire and act." Detroit Free Press(5/3/74) urges passage of land use bill
which has been pending in Legislature for months, "so that Michigan can at last get some
realistic, orderly planning...of its most precious material resource—land."
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