Budny 10:00 L16 ECONOMICS VERSUS THE ENVIRONMENT: AN ETHICAL PREDICAMENT IN THE PHOTOVOLTAIC INDUSTRY Ben Harper (bjh87@pitt.edu) THE INFLUENCE OF THE SUNSHOT INITIATIVE AND ISO14001 CERTIFICATION ON THE PHOTOVOLTAIC INDUSTRY Since 2011 the United States government has administered a program named “The SunShot Initiative” to advance technologies in solar power. Some of the goals of the SunShot Initiative are to lower the cost of solar power so that it compares with that of power generated by fossil fuels, to make solar power more efficient so it can be used by both businesses and individual consumers alike, and to use solar power as a sustainable form of energy which will significantly reduce carbon emissions. As recently as September 2015, the Obama administration announced 120 million dollars in funding to facilitate solar power projects throughout the nation [1]. The receipt of such funding would allow a solar power company the resources to expand its research and development departments to create a more efficient solar panel as well as expand the company’s physical plant operations, enabling an increase in solar panel production. This governmental support of the photovoltaic industry is of particular interest to me because I work as a quality control engineer for a solar panel manufacturer. My employer, the Sunversion Company, which has its headquarters in China, built a factory two years ago in the Silicon Valley area of California. To be considered for a grant from the SunShot Initiative, it is desirable for a company to achieve ISO14001 certification. The ISO14001 is an international standard which “establishes and maintains a company’s environmental management system or EMS” [2]. The Environmental Management System of a company uses process controls and continuous monitoring and improvement to ensure compliance with environmental law and reduce any harmful impact on the environment [2]. Obtaining an ISO14001 accreditation is indicative of the high priority which businesses commit to protecting the environment. The Sunversion Company’s goal is to be ISO14001 certified, and it is my responsibility to develop an EMS which meets their standards. According to the United States Environmental Protection Agency, an EMS should “identify all aspects of the organization’s activities, products, and services that could have a significant impact on the environment, including those that are not regulated” [3]. After reviewing our manufacturing procedures I became aware of a production issue which will have both an adverse University of Pittsburgh, Swanson School of Engineering 1 2015-11-03 effect on the environment and our potential ISO14001 certification. AN ENVIRONMENTAL ISSUE OF SOLAR PANEL PRODUCTION: THE HAZARDS OF SILICON TETRACHLORIDE The issue which I am concerned about involves the use of silicon in the production of solar panels. As part of the manufacturing process, silicon is refined into a purer form called polysilicon by combining a metallurgical-grade silicon with hydrochloric acid which turns it into a substance called trichorosilanes. Hydrogen is then added to the trichlorosilanes which produces polysilicon and liquid silicon tetrachloride [4]. Three to four tons of silicon tetrachloride is made in the production of one ton of polysilicon [4]. Silicon tetrachloride is a highly toxic chemical for several reasons. If it is released into the air it forms a fog-like cloud which can react with moisture in the air or water to form hydrochloric acid, a poisonous gas, and a white colored residue of silicon dioxide which may coat vegetation, houses, and any other objects that are exposed in the outdoor environment. Contact with silicon tetrachloride can cause slight irritation to severe burns of the eyes, skin, mouth, throat and respiratory tract in humans [5]. How do manufacturers of solar panels deal with such a toxic chemical? It is a common practice in the United States to ship the residual silicon tetrachloride to a hazardous waste facility by truck or by rail [6]. One alternative is to sell the silicon tetrachloride to the telecommunications and power industries, where the compound is used to manufacture fiber optic cables [7]. Another alternative is to recycle the silicon tetrachloride. The recycling process removes the silicon so more polysilicon can be made and it requires less energy than producing it from raw silica. The drawback to recycling is that the expenditure for the reprocessing equipment is in the tens of millions of dollars [4]. However, in other countries, environmental regulations concerning the disposal of hazardous waste are not as stringent as they are in the United States. In 2008, Ariana Cha, a journalist for The Washington Post, documented eyewitness reports that workers from the Luoyang Zhonggui High-Technology Company of Henan Province in China were dumping a “bubbling white liquid” in the fields of a nearby village outside its factory on a daily basis for nine months. Luoyang Zhonggui is a manufacturer of polysilicon for solar energy panels. The land at the dump site became barren and the soil turned white; simultaneously, the villagers “noticed that their crops were wilting under a dusting of white Ben Harper powder” [8]. The Washington Post had an analysis done of a sample of the dirt from the dump site by an independent nationally accredited laboratory to determine the nature of the substance. The results revealed high concentrations of chlorine and hydrochloric acid, which are products of the decomposition of silicon tetrachloride [8]. When confronted with the test results, Wang Hailong, the secretary of the board of directors for Luoyang Zhonggui accused the villagers of lying about the dumping, which he said was not possible [8]. Ms. Cha’s article reveals the serious impact of indiscriminately dumping silicon tetrachloride on the environment and the deleterious effects on the health of the villagers who live next to the Luoyang Zhonggui factory. Her story illustrates how the manner in which a company conducts its operations dramatically affects the community around it. The production issue I have discovered in developing an environmental management system for Sunversion is similar to that in the report of The Washington Post. Sunversion does not recycle its silicon tetrachloride. Instead it is being shipped by truck to a remote area of Nevada and then being dumped on privately owned property which does not have a permit from the Environmental Protection Agency to operate as a hazardous waste facility. Upon learning of this illegal dumping, I realized that this practice would jeopardize our ability to attain ISO14001 certification. I scheduled a meeting with my manager, Dale Edwards, to update him on my progress on creating the EMS and the issue of the improper disposal of the silicon tetrachloride. During the meeting Mr. Edwards stated he was aware of the company’s policy of waste disposal of the silicon tetrachloride and that it is a “non-issue” because it is “routine procedure” for the parent company in China. He advised me to continue my work on the EMS focusing on operations within the plant and reiterated that upper management would like ISO14001 certification by the end of the year. Mr. Edwards said that if the deadline was met I would receive a five thousand dollar bonus and be seriously considered for a promotion to management within the company. Now I am faced with an ethical dilemma. Do I follow my manager’s instructions and not disclose the illegal dumping during the ISO14001 certification process so I can earn the bonus and receive the promotion? Should I become a “whistleblower” by exposing Sunversion’s silicon tetrachloride waste procedures to the state and federal authorities and face job termination? Or, should I present alternate methods of dealing with residual silicon tetrachloride that are legally and ethically correct, with the intention of persuading management to change their waste disposal procedure? To help me decide the best course of action, I feel that it would be helpful to consult codes of engineering ethics, analyze case studies in engineering ethics, and examine sources regarding conflict resolution in the workplace that are relevant to my situation. APPLYING ENGINEERNG CODES OF ETHICS AND CASE STUDES OF ENGINEERNG ETHICS TO ENVIRONMENTALY-RELATED ISSUES Denial Added To Deception Equals Disaster In order to gain further insight and decide upon the best solution to resolve my ethical dilemma, I will explore each of the three options proposed and then will select the one that is not only the most ethical but ensures the best outcome for myself, my company, and the public. If I concede to my manager’s request and do not mention the company’s illegal disposal of the silicon tetrachloride while preparing for ISO14001 certification, I will be rewarded with a bonus and possible promotion. Several professional codes of ethics address this situation. Under Section II, Rules of Practice, of the “Code of Ethics” of the National Society of Professional Engineers, it is written, “Engineers shall hold paramount the safety, health, and welfare of the public” [9]. I know the dangers of the exposure of silicon tetrachloride to humans and the environment; I cannot maintain my professional integrity and be deceptive about Sunversion’s waste disposal methods because of the knowledge that people and the environment will be harmed. Additionally, listed under Section III, Professional Obligations of the “Code of Ethics” it states, “Engineers shall at all times strive to serve the public interest” [9]. This cannon emphasizes the duty of an engineer to always consider how his actions affect the public and that an engineer’s obligation to the public should take precedence over factors such as the economic priority of cost-cutting in business. Mr. Edward’s offer of a bonus and promotion is essentially a bribe to secure my silence. Also applicable to this particular situation is the Fourth code of the Institute of Electrical and Electronics Engineers which concisely mandates, “To reject bribery in all its forms” [10]. This code refers to bribery within as well as outside the work place. What would be the consequences if I did not report my company’s illegal procedures? The engineering case study “Waste Disposal,” from the Texas A&M University Civil Engineering Ethics Website, explores the ramifications occurring when an engineer does not report his company’s improper storage of chemical waste [11]. In this case study Scott Lewis is an engineer inspecting a warehouse at an offsite location where his company is storing chemical waste. He discovers several drums leaking the hazardous chemical. He notifies the director of his company’s Division of Chemical Waste of his findings. The director comes to the warehouse and transports the drums back to the company fearing that the owners of the warehouse are not properly storing the waste. Scott reminds the director that it is illegal to transport the waste back to the company and that the company would be cited for this violation by the Environmental Protection Agency. The director tells Scott 2 Ben Harper they are saving the company money by handling the situation themselves. Scott does not report this incident to his supervisor. Several years later, while employed at a new company, Scott learns that his former company has been named in a class-action lawsuit by citizens who live near the company claiming that the company dumped waste materials onsite and contaminated the groundwater. Shortly thereafter, Scott receives a summons to appear in court to give testimony in the case [11]. The case study “Waste Disposal” is a good example of the long-term consequences which can occur when legal and ethical codes are not followed. Because Scott and the director ignored the law, the community’s groundwater, an important natural resource, became contaminated. Even though Scott no longer works for the company he is still being held accountable for his past actions. Taking into consideration the aforementioned codes of ethics and the case study “Waste Disposal,” it is clearly evident that the nondisclosure of my company’s illegal dumping of the silicon tetrachloride violates the codes. As a result the public could become ill from exposure to the chemical, the environment would become polluted, and Sunversion would be subject to costly litigation which could lead to bankruptcy and unemployment for its workers. In a court of law I would have to admit culpability, because I was aware of the illegal dumping and did nothing to prevent it. My reputation and credibility as an engineer would be destroyed. Whistleblowing: The Point of No Return Since my manager informed me that Sunversion’s disposal of silicon tetrachloride on private property out of state is “routine procedure” and a “non-issue” it seems plausible that the parent company in China would not be amenable to changing their stance and ship the waste to a hazardous waste facility which is licensed to accept the silicon tetrachloride. If I took no action, I would be in violation of another code listed in the “Code of Ethics” of the National Society of Professional Engineers, Section III, Professional Obligations, which states, “Engineers shall avoid all conduct or practice that deceives the public” [9]. Therefore, I have no other recourse but to become a “whistleblower” and notify the Environmental Protection Agency about the mishandling of the chemical waste. However, once I reveal my company’s illegal activities, I will be terminated from my job. Whistleblowing is a drastic, final step and requires attempting every possibility to rectify the situation before this decision is made. A unique perspective on whistleblowing is given by authors Michael Pritchard and Mark Holtzapple in their article, “Responsible Engineering: Gilbane Gold Revisited” [12]. Gilbane Gold is a video produced by the National Society of Engineers which tells the story of a young environmental engineer, David Jackson, who discovers that his employer, Z-Corp, is discharging higher concentrations of lead and arsenic into their wastewater than is permitted by local regulations [12]. The matter becomes more complex because Gilbane, which is the name of the town where Z-Corp is located, uses the sludge from the wastewater to make an agricultural fertilizer called “Gilbane Gold” which gives Gilbane significant revenue. Mr. Jackson notifies his superiors of his findings, but they are unwilling to act upon them unless the city’s wastewater treatment plant forces them to. Feeling it is his moral duty to protect the public, he becomes a whistleblower. Mr. Pritchard and Mr. Holtzapple assert in their article that David Jackson should have taken a proactive approach to avoid resorting to whistleblowing by “applying engineering creativity and analysis to solve the problems posed in Gilbane Gold” to find “a less polluting and less costly solution” [12]. They also charge engineers to use “responsible engineering practices to avoid the emergence of a crisis” [12]. As engineers we are problem solvers first and foremost, and to avoid drastic measures like whistleblowing it is essential to identify problems early and work on a solution before the problems become complex and unmanageable. Engineering a Solution Identifying problems and formulating solutions are the basis for my third option in dealing with my ethical dilemma. In a hypothetical case study by William Frey, a chemical engineering student is participating in a co-op program by working at a manufacturing firm. The firm has always used a compound called “Chemical A” as a catalyst in its production process; however, new research has confirmed that “Chemical A” causes cancer. This poses a serious health risk for the workers at the firm. The student is aware that there is another chemical available called “Chemical B” that can be substituted for “Chemical A” and does not cause cancer. The drawback is that “Chemical B” is much more expensive than “Chemical A.” During the next engineering meeting the student presents this information to the engineering manager and the other engineers and recommends that the company use “Chemical B.” Unfortunately, the engineering manager rejects the engineering student’s proposal, claiming that the company has had no documented safety issues with “Chemical A” so it will continue to be used [13]. The engineering student and I share a similar experience; we have both identified a problem and prepared a solution. Likewise, my proposal may also be rejected, but acting as a responsible and ethical engineer I must convince my superiors at Sunversion that there are other ways to safely dispose of and or recycle the silicon tetrachloride than dumping it illegally. To accomplish this I will provide detailed research on how other companies in the industry treat their waste silicon tetrachloride, including transporting to approved waste facilities, investing in recycling equipment, and selling the excess silicon tetrachloride to the fiber optics manufacturers. In my report I will include a cost analysis and discuss the economic and environmental advantages and disadvantages 3 Ben Harper for each alternative. I will also emphasize that the use of these methods will enhance our ability to achieve ISO14001 certification and ultimately secure possible grant money from the SunShot Initiative to expand our operations. The quality of information I present is important, but so is the manner in which it is presented. The article, “Resolving Conflict With Your Boss” offers several guidelines which I believe are useful in communicating my ideas to upper management. They are as follows: “be careful not to accuse or blame while discussing an issue, focus on the issue itself and not your personal feelings, and listen to your manager’s response and attempt to see the situation from his or her perspective” [14]. Hopefully by presenting accurate, factual information with a professional demeanor and using the preceding guidelines, I will be able to persuade Sunversion to alter its policy regarding the disposal of silicon tetrachloride. Lessons Learned From the Ethical Decision Process After reviewing the three different courses of action I developed to resolve my ethical dilemma, I feel that identifying the issue and offering a solution would provide the best outcome to all parties involved. If Sunversion accepts and implements one of my plans, the environment will be protected and the public will not be exposed to a dangerous chemical. Sunversion will meet the ISO14001 criteria and achieve certification, demonstrating its commitment to environmentally safe practices and its worthiness of consideration for financial support from the SunShot Initiative. The funding from the government will allow the company to enhance its research and development department to create solar panels that have a minimal carbon footprint and are more efficient, while also expand its operations at the plant. To deny or conceal a potentially dangerous problem would only make it more difficult to solve in the future. The act of “whistleblowing” must be undertaken only after all attempts at problem resolution have been exhausted, because the whistleblower must be prepared to sacrifice his job even though he may be ethically correct. When contemplating an ethical dilemma it is helpful to consult the ethical codes of professional engineering organizations, which offer clear guidelines for maintaining professional standards and integrity. The analysis of ethical case studies in engineering provides information applicable to an engineer’s particular situation and also includes strategies which were successful. Finally, the best advice I would give to other engineers facing any ethical problem would be that from Michael Pritchard and Mark Holtzapple, to prevent its occurrence in the first place by “practicing responsible engineering, identifying problems early and using engineering creativity and analysis to solve the problem.” [1] B. Wolfgang. (2015, September 16). “Obama Announces New Round of Taxpayer Money for Solar Power Projects.” The Washington Times. (Online article). http://www.washingtontimes.com/news/2015/sep/16/obamaannounces-new-round-taxpayer-money-solar-pow/print/ [2] E. Hardee, S. Ireland, S. Moshofsky, et al. (2013). “Million Monarchs Solar Company Assessment Scorecard.” Portland State University. (Online article). http://www.solaroregon.org/SolarNow/shu-2014presentations/million-monarchs-final-report-sean-patrick [3] “Environmental Management System/ISO14001Frequently Asked Questions.” (2012, March 6). United States Environmental Protection Agency. (Online article). http://water.epa.gov/polwaste/wastewater/EnvironmentalManagement-System-ISO-14001-Frequently-AskedQuestions.cfm [4] D. Mulvaney. (2014, August 26). “Solar Energy Isn’t Always as Green as You Think.” IEEE Spectrum. (Online article). http://spectrum.ieee.org/green-tech/solar/solarenergy-isnt-always-as-green-as-you-think [5] “Fact Sheet: Silicon Tetrachloride.” (2009, November 30). Hemlock Semiconductor. (Online article). http://wwwhscpoly.com/content/hsc_com/silicontetrachlorid e_FS_110109.pdf [6] J. Dearen. (2013, February 10). “Solar Panel Makers Continue to Ship Tons of Toxic Waste Thousands of Miles Away.” Business Insider. (Online article). http://www.businessinsider.com/solar-panel-makersgrappling-with-waste-2013-2 [7] U. Hasim, A. Ehsan, and I. Ahmad. (2006, November 13). “High Purity Polycrystalline Silicon Growth and Characterization.” Chiang Mai Journal of Science. (Online article). http://it.science.cmu.ac.th/ejournal/journalDetail.php?journal _id=432 [8] A. Cha. (2008, March 9). “Solar Energy Firms Leave Waste Behind in China.” The Washington Post. (Online article). http://www.washingtonpost.com/wpdyn/content/article/2008/03/08/AR2008030802595_pf.html [9] “NSPE Code of Ethics for Engineers.” (2007). National Society of Professional Engineers. (Online article). http://www.nspe.org/resources/ethics/code-ethics [10] “Approved IEEE Code of Ethics.” (2014). IEEE-The Institute. (Online article). http://theinstitute.ieee.org/briefings/business/approved-ieeecode-of-ethics [11] M. Pritchard, editor. (1992). “Waste Disposal.” Texas A&M University Department of Civil Engineering. (Online article). http://www.ethics.tamu.edu/Portals/3/1992Cases/Environme ntalSafety/ethics.tamu.edu_pritchar_waste.pdf [12] M. Pritchard and M. Holtzapple. (1997). “Responsible Engineering: Gilbane Gold Revisited.” Science and Engineering Ethics. (Online article). DOI: 10.1007/s11948997-0011-9. pp.217-230 REFERENCES 4 Ben Harper [13] W. Frey. (2010, January 19). “Chemical A or B?” Online Center for Engineering and Science. (Online article). http://www.onlineethics.org/Resources/Cases/ChemAorB.as px?layoutChange=Print [14] “Resolving Conflict With Your Boss.” (2015, October 21). Achieve Solutions. (Online article). https://www.achievesolutions/en/Content.do?contentld=389 5 ACKNOWLEDGMENTS I would like to thank the University of Pittsburgh Library System for being a valuable resource for information on this paper. I also want to express my appreciation for the efforts of all engineers who act in a responsible, ethical manner every day to solve problems and improve people’s lives. 5