Public Health, Safety, Welfare… and the Environment— Engineering Responsibilities TSPE Bexar Chapter San Antonio 1 October 2007 Ray W. James, P.E., Ph.D., r-james@tamu.edu Some “Global” Environmental Concerns o Population growth, food production, water o o o o supply and energy supplies Global warming (the greenhouse effect) The depletion of the ozone layer The use of nuclear weapons Asteroid/Earth impact These problems have socio-political-economic as well as technological aspects… All but the last are closely related to population growth... World Population Trends World Population (billions) World Population Growth 16 14 12 10 8 6 4 2 0 1750 1800 1850 1900 1950 Year 2000 2050 2100 Source: http://www.global-vision.org/un/strategy/index.html 2150 Resource over-consumption… o 25% of the world’s people consume 75% of the earth’s resources o It is estimated that the lifestyles of North Americans require 4.5 hectares of land per capita (1 ha=10,000 m2=2.47 acres) o If we wish to support all 6 billion people on the earth at this resource level it would require the equivalent of two additional earths o Fortunately, technology improvements can offset much of this shortfall, but engineers should work to promote more efficient use of resources Some “Lesser” Environmental Concerns o Air, water, soil pollution o Extinction of endangered species o Loss of natural habitat Importance of environmental concerns to engineers o Codes: We consider ourselves morally responsible to make engineering decisions that do not unduly damage the environment o Laws: We can be held legally responsible under civil and criminal law for damage to the environment (read about the Aberdeen Three) Codes of Ethics and the Environment o ASCE, IEEE, ASME codes of ethics (among others) address the engineer’s responsibilities to the environment o ASCE: “Engineers shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties.” ASCE Canon 1 o “Engineers…shall strive to comply with the principles of sustainable development…” o …when their judgement is overruled under circumstances where…the principles of sustainable development are ignored, engineers “shall inform their clients or employers…” o …engineers who believe others have violated this canon must inform proper authorities. o …be active in civic affairs as well as in your job to protect the environment through the practice of sustainable development. o …be committed to improving the environment…so as to enhance the quality of life of the general public. Sustainable development... o In November 1996, the ASCE Board of Direction adopted the following definition of Sustainable Development: "Sustainable Development is the challenge of meeting human needs for natural resources, industrial products, energy, food, transportation, shelter, and effective waste management while conserving and protecting environmental quality and the natural resource base essential for future development." Sustainable development... o Can it be considered sustainable development to continue to use nonrenewable resources, such as fossil fuels, until the supply is exhausted? o Explain? IEEE Canon 1 o Engineers should “accept responsibility…to disclose promptly factors that might endanger the public or the environment.” ASME Canon 8 o “Engineers shall consider environmental impact in the performance of their professional duties.” Two forms of environmental concern... o Concerns about aspects of environmental degradation that affect the health of people o Water, food, energy supplies o Air, water, soil pollution o Concerns about aspects of environmental damage that do not (directly) affect the health of people o Extinction of endangered species o Development of “natural” space Anthropocentric environmental ethics o Since the public health/safety/welfare is already a paramount focus of the Codes, it should be obvious that the concerns that affect the public health must be addressed by engineers. o If we do not address environmental concerns on any other grounds, our approach is called anthropocentric ethics. o Anthropocentrism, or human-centeredness, is believed by some to be the central problematic concept in environmental philosophy, where it is used to draw attention to a systematic bias in traditional Western attitudes to the non-human world (Naess 1973). (Wikipedia) Anthropocentric ethics? How many in this audience enjoy... o Hunting or fishing? o Other outdoor recreation (hiking, biking, boating, camping, skiing,…)? o Bird-watching (or observing other wildlife)? o Nature (scenic drives, photography, documentaries or travel shows on television,…)? o Isn’t it in our interests for these reasons to embrace an ethics broader than anthropocentric ethics? Some related regional issues… o Some habitat of the Navasota Ladies Tresses will be taken by much-needed widening of SH-6 between College Station and Hempstead and by the new SH-40 highway south of College Station. Navasota Ladies’ Tresses (endangered 1982) Photo ©Paul Montgomery The Navasota LadiesTresses orchid, once thought to be extremely rare, is now known in about 100 locations in 10 counties. Some of these locations in the BryanCollege Station area are threatened by the rapid development of these cities. Remediation of damage to Navasota Ladies Tresses… o For development of new SH-40, the Texas DOT agreed to develop an additional area to be designated as a preserve and manage the habitat in a way favorable to the plant. o For widening of SH-6, funds were provided to the Fish and Wildlife Service to support preservation efforts. Regional issues, cont’d... o Continued demands on the Edwards Aquifer by population growth along the IH-35 corridor through central Texas threaten the habitat of the Texas Blind Salamander. The Texas Blind Salamander Texas Blind Salamander (endangered 1967) The Texas Blind Salamander lives only in water-filled caves of the Edwards Aquifer near San Marcos. It depends on a constant supply of clean, cool water from the Edwards Aquifer. Pollution and overuse of water caused by the growth of cities threaten its survival. Engineers vs. Environmentalists (How it has been…) o Historically, the relationship of engineers (and industry) to environmentalists has often been stereotyped as antagonistic… o Hey, I like spotted owls… …they taste just like chicken! o My mom likes the Navasota Ladies Tresses… …I picked her a big bouquet! o That Texas Blind Salamander is really colorful… …he’ll probably make great fishbait! Engineers vs. Environmentalists (How it has been…) o Because environmentalists’ concerns tend to make our jobs as engineers more difficult we grudgingly (referring to them as “tree huggers”) deal with the various constraints arising from environmental concerns (impact statements, permits, etc…) o Industry can cultivate this attitude, because these concerns can reduce profits. o A more enlightened approach has been successful in many cases in demonstrating how an environmentally friendly approach can increase profits (and sustainability of business!) Engineers as Environmentalists (How it should be…) o Our system of environmental protection is in place because of the interests of all of us. It affects the work of engineers more than some others: o we are obligated to protect our environment because of health-centered concerns (the earth is our life-support system), o and we should also consider non-health related concerns (we all enjoy nature). The Northern Spotted Owl and the Pacific Northwest logging industry Listed as threatened 1990 Critical habitat designated 1992 Northwest Forest plan 1994 Draft Recovery Plan 2007 What environmental laws affect engineering work? o 1969 National Environmental Policy Act (NEPA) o An Act to establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality… o The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality o NEPA Mandates Environmental Impact Statements (EIS) What environmental laws affect engineering work? o 1970 Occupational Safety and Health Act o Provides for standards limiting exposure to toxic materials in the workplace What environmental laws…? (cont’d) o 1970, ‘77,’90, Clean Air Act; ’97 revisions o Requires priority on health concerns when dealing with hazardous materials in the air o Set goals for 90% reduction in auto emissions 1997 Changes to Clean Air Act o Stricter Ozone limits: o 8-hr average < 0.08 ppm o previously 1-hr average < 0.12 ppm o New methods of measuring particulate matter smaller than 10 microns o New limits on particulate matter smaller than 2.5 microns (previously there were no limits on particulate matter in this size range) 1997 Changes to the Clean Air Act (cont’d) o EPA develops two standards for each pollutant of concern: o A primary standard based entirely on health- related information, without considering the costs of attaining the standard. o A secondary standard includes effects on soils, water, crops, vegetation, buildings, property, animals, wildlife, weather, visibility, transportation, and other economic values, as well as personal comfort and well-being. What environmental laws…? (cont’d) o 1972, ‘77, ‘86, ‘87, ‘90 Clean Water Act & revisions o Required discharge permits o Set increasingly strict requirements for treating water before discharge Effects of the Clean Water Act o In 1972: o Sewage treatment plants served only 85 million people. o Only one-third of the nation's waters were safe for fishing and swimming. o Today: o Modern wastewater treatment facilities serve 173 million people. o Two-thirds of the nation's waters are safe for fishing and swimming. Effects of the Clean Water Act o In 1972: o Wetlands losses were about 460,000 acres annually. o Agricultural runoff resulted in the erosion of 2.25 billion tons of soil and the deposit of large amounts of phosphorus and nitrogen into many waters. o Today: o Wetlands losses are about 70,000-90,000 acres annually. o The amount of soil lost due to agricultural runoff has been cut by one billion tons annually, and phosphorus and nitrogen levels in water sources are down. What Environmental Laws…? (cont’d) o 1976 Resource Conservation and Recovery Act o Regulates hazardous materials production, transportation, storage, disposal by creation of a “manifest” tracking system o Read the case of the Aberdeen Three--three chemical engineer-managers at the Aberdeen Proving Grounds were convicted of violations of this Act for improper handling of hazardous materials by workers under their supervision. What Environmental Laws…? (cont’d) o 1990 Pollution Prevention Act o Provides EPA mandate to reduce pollution at the source The US has a strong global influence o Over 100 nations now have NEPA-type laws o New environmental law is emerging in several areas: o Addressing threats to air, water and land o Hazardous materials o Products o Resources o Wildlife, fisheries, national parks, wildlife sanctuaries, endangered species The Kyoto treaty and reduction of greenhouse gasses Green=Countries that have ratified the treaty Red=Countries that will not ratify the treaty …but the decision of the US not to ratify the Kyoto treaty does not indicate a lack of action… o The US acted in 1996 to restrict manufacture of Freon 22; despite the Kyoto treaty, Mexico is not restricted from manufacturing it o A black market exists in the US, for this product which at one time sold for more than $30/lb (compare $1/lb before ban). o “You name it, they’ve tried it,” says Marc Gwaltney, a US Customs official in Los Angeles, citing a taco stand in Tijuana where “in addition to a taco, you could buy a one- pound can of Freon, put it in your pocket, and walk back across the border.” Case Law Related to Engineering and the Environment o Various courts have found that… o EPA must consider feasibility and practicality of technology required by regulation; must consider costs, but not necessarily balance against benefits; must not impose costs “grossly disproportionate” to the safety benefit o “Safe” does not imply “risk-free” o OSHA must show a substance poses “significant” risk before it imposes regulation How Clean is “Clean”? o The law and regulations have helped us establish subjective (and sometimes quantitative) rationale for answering this question, but many fundamental problems remain… o See Table 10.1 for discussions of 5 criteria for “Clean”... Some definitions of “clean”? o Comparative criterion: a contaminant is acceptable if it does not pose a greater risk that those which we ordinarily accept o Normalcy criterion: if the contaminant is present in no greater degree than found naturally, it is acceptable o Optimal-pollution reduction: If funds required to mitigate a contaminant could be more effectively used on another problem, the contaminant is acceptable Definitions of “clean”, cont’d… o Maximum protection criterion: The environment is clean enough only when every identifiable contaminant that represents a risk to human health has been eliminated, to the extent possible by current technology. o Demonstrable harm criterion: The environment is clean enough only when every identifiable contaminant that is harmful to human health is eliminated. Two “modest proposals” o In absence of accepted guidance about how non-health related issues should be addressed by engineers (when not covered by law or codes), Harris et al. suggest: engineers should not be required to inject nonhealth related environmental concerns into their work, but… 2. in such cases engineers should have the right to allow their own personal beliefs to guide their individual interpretations of their professional obligations. 1. “modest proposals”, contd… o An engineer is obligated to take certain actions when asked to work on a design which will cause unacceptable risk to public health, safety or welfare. o The engineer is not obligated, but should be free to follow his/her conscience, when asked to perform work that can cause non-health related environmental damage.