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Backyard Talk

National Commission on the Health Impacts of Mountaintop Removal Mining Releases Recommendations Calls for a Moratorium

Today the National Commission on the Health Impacts of Mountaintop Removal Mining, a group of independent physicians and scientists, released recommendations for actions necessary to ensure the health and safety of the residents of Appalachia who are impacted by mountaintop removal mining. The Center for Health, Environment & Justice (CHEJ) commissioned the scientists to review a report prepared by CHEJ that analyzed the existing body of peer-reviewed, scientific studies on the impacts of mountaintop removal coal mining on human health. That review led to the recommendations released today. The review and the Commission’s statement are available online

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Backyard Talk

Touring with Lois Gibbs

If you haven’t read the story “From homemaker to hell-raiser in Love Canal”, you should. And to make it easier here’s the link.
In the story I loved what Luella Kenny, another Love Canal activist had to say about Lois. “She was like a hurricane and we just kept going.” This reminded me of the Toxic Tour that Lois and I took around Ohio a couple of years ago. We traveled to all corners of the state, covering over 900 miles in just 4 days. I think of Lois as having the energy of the Energizer Bunny. With every community we visited it was like someone put new batteries in her and off she went. She is a tireless fighter for what is right.
The writer of “From homemaker to hell-raiser in Love Canal” described the Center for Health, Environment & Justice office as “being squired in a third-floor corner office in a nondescript building in Fairfax County, Va., a few miles from Washington, D.C. A tiny gray sign hangs outside the door, betraying no sense of the history inside.” While all true, those inside find no need of fancy offices in expensive buildings. It is more important to fight for what is right for the environment and the grassroots community groups we work with. The CHEJ extended family is a very close group of individuals. We celebrate together, we are sad together, we have disagreements with each other, and we hug each other. The CHEJ family includes all the community groups that we have ever worked with. Boy what a family reunion that would be if we ever all got together.
I won’t start naming names because I know I would leave someone out but, to all of you out there that are the Lois Gibbs of your community I say thank you for doing what you have done or are doing. If we haven’t heard from you for a while, give us a call to let us know how you are doing.

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A.D.H.D. Seen in 11% of U.S. Children as Diagnoses Rise

Nearly one in five high school age boys in the United States and 11 percent of school-age children over all have received a medical diagnosis of attention deficit hyperactivity disorder, according to new data from the federal Centers for Disease Control and Prevention.

These rates reflect a marked rise over the last decade and could fuel growing concern among many doctors that the A.D.H.D. diagnosis and its medication are overused in American children.

The figures showed that an estimated 6.4 million children ages 4 through 17 had received an A.D.H.D. diagnosis at some point in their lives, a 16 percent increase since 2007 and a 41 percent rise in the past decade. About two-thirds of those with a current diagnosis receive prescriptions for stimulants like Ritalin or Adderall, which can drastically improve the lives of those with A.D.H.D. but can also lead to addiction, anxiety and occasionally psychosis. Read More.

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The latest news on the poison plastic: what every parent needs to know

The bad news on vinyl, the poison plastic, and phthalates keeps on mounting.

The more I learn, the more I wonder, why are we still allowing this hazardous plastic in our schools and homes?

Here are some of the most recent developments that every parent needs to know.

First responders file lawsuit over vinyl chloride disaster

In response to the December vinyl chloride disaster, which sent over a cloud of over 20,000 gallons of vinyl chloride into the air (originally destined for OxyVinyls in NJ), a group of first responders have filed a lawsuit over this toxic exposure.  NBC Philadelphia reports:

“A class action lawsuit was filed today relating to the Paulsboro, New Jersey train derailment and chemical spill that forced hundreds of people from their homes and left dozens sick last year.

The plaintiffs include more than 100 first responders, young children, and property owners who allege they sustained injuries and damages after the hazardous chemical spill… First responders claim that Conrail representatives advised them throughout the day that they did not need breathing masks or other personal protective equipment, despite high readings of vinyl chloride in the air. The suit states they later underwent extensive medical testing that showed high levels of vinyl chloride in their urine.”

Vinyl chloride is the basic building block of PVC, used to make vinyl flooring in our nation’s schools, hospitals and homes.  You can’t make this plastic without this cancer-causing chemical.

The latest science: vinyl chemicals toxic to our health

As families and first responders have been suing over vinyl chloride epxousre, more scientific studies have been published showing that vinyl chemicals are harmful to our health.  Some notable studies in recent months include:

  • Research funded by the US Department of Defense found phthalates, used to make vinyl flooring soft and flexible, may contribute to disease even generations after exposure. They report that, Observations demonstrate that a mixture of plastic derived compounds, BPA and phthalates, can promote epigenetic transgenerational inheritance of adult onset disease. “
  • Only a few weeks after I blogged on new studies linking vinyl chemicals to asthma and obesity, researchers in China found a link between phthalates and obesity in school children.
  • Researchers in Ireland found potentially hazardous nanomaterials leach from PVC food packaging into food: “An exposure assessment revealed that human exposure to silver (assuming a worst case scenario that all silver is in its most harmful nanoform), is likely to be below current migration limits for conventional migrants and a provisional toxicity limit; however it is acknowledged there is still considerable uncertainty about the potential harmful effects of particles at the nanoscale.”

Policies to protect our kids from poisonous chemicals

On the policy front, the big news is the reintroduction of the Safe Chemicals Act by Senators Lautenberg and Gillibrand (honored to have her as my Senator here in NY, thank you very much 🙂 ), which will go a long way in protecting American families from unnecessary toxic chemicals like phthalates.  Yesterday, the American Academy of Pediatrics issued a news release announcing their endorsement of these common sense health safeguards.

As chemical policy reform continues to be debated here in the US, at the international level, Denmark has just unveiled a comprehensive new strategy to address phthalates in consumer products.

As part of the strategy, the Danish EPA will commence evaluation of the information available about the most common phthalates. And this may very well lead to new bans or other measures if necessary, the Minister for the Environment pledges.”

Pressure mounting to eliminate vinyl and phthalates nationwide

Meanwhile, the market movement away from vinyl and phthalates continues.  For instance, EPEAT has recently announced new standards for printers and imaging equipment, which rewards PVC avoidance in electronics – which should have a huge impact on the electronics sector.

Just yesterday, the San Francisco Travel Association announced that all new street banners around the convention center will be completely free of PVC, due to the hazards PVC poses from production to use to disposal.

“San Francisco has always been a city of firsts when it comes to sustainability and now that extends to our city’s street banners. I’m pleased to see the San Francisco Travel Association embrace our city’s goals of zero waste and toxics reduction by eliminating the use of PVC, a harmful and non-recyclable material, and up-cycling the banners as well,” said Melanie Nutter, director San Francisco Department of the Environment.

Last and certainly not least, CHEJ and our friends at the Safer Chemicals Healthy Families campaign have launched a new Mind the Store campaign to urge the nation’s top ten retailers to eliminate the hazardous 100 chemicals, which includes phthalates, vinyl chloride, and a number of other chemicals unique to this poison plastic.  Many retailers, such as Target, have already taken steps to phase out PVC, but much more is still needed. Read all about what bloggers are saying about the new campaign, who traveled to stores nationwide urging them to get these nasty chemicals out of their products.

***

Phew, that’s a lot to report on!

Anything important I missed?  Would love to hear other new developments!

Till next time.  Your humble plastics crusader, Mike.

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Radioactive Guinea Pigs

“This is a public health policy only Dr. Strangelove could embrace,” said Public Employees for Environmental Responsibility (PEER) Executive Director Jeff Ruch,  This week, the White House approved a radical radiation cleanup rollback that will threaten people near radioactive accidents. Cancer deaths are expected to skyrocket after radiological accidents with the harmful new “cleanup” standard.

“The White House has given final approval for dramatically raising permissible radioactive levels in drinking water and soil following “radiological incidents,” such as nuclear power-plant accidents and dirty bombs. The final version, slated for Federal Register publication is a win for the nuclear industry which seeks what its proponents call a “new normal” for radiation exposure among the U.S population, according Public Employees for Environmental Responsibility (PEER).

 Issued by the Environmental Protection Agency, the radiation guides (called Protective Action Guides or PAGs) allow cleanup many times more lax than anything EPA has ever before accepted. These guides govern evacuations, shelter-in-place orders, food restrictions and other actions following a wide range of “radiological emergencies.” The Obama administration blocked a version of these PAGs from going into effect during its first days in office. The version given approval late last Friday is substantially similar to those proposed under Bush but duck some of the most controversial aspects:

 In soil, the PAGs allow long-term public exposure to radiation in amounts as high as 2,000 millirems. This would, in effect, increase a longstanding 1 in 10,000 person cancer rate to a rate of 1 in 23 persons exposed over a 30-year period;  In water, the PAGs punt on an exact new standard and EPA “continues to seek input on this.” But the thrust of the PAGs is to give on-site authorities much greater “flexibility” in setting aside established limits; and resolves an internal fight inside EPA between nuclear versus public health specialists in favor of the former. The PAGs are the product of Gina McCarthy, the assistant administrator for air and radiation whose nomination to serve as EPA Administrator is taken up this week by the Senate.

Despite the years-long internal fight, this is the first public official display of these guides. This takes place as Japan grapples with these same issues in the two years following its Fukushima nuclear disaster.

“This is a public health policy only Dr. Strangelove could embrace. If this typifies the environmental leadership we can expect from Ms. McCarthy, then EPA is in for a long, dirty slog,” stated PEER Executive Director Jeff Ruch, noting that the EPA package lacks a cogent rationale, is largely impenetrable and hinges on a series of euphemistic “weasel words.” “No compelling justification is offered for increasing the cancer deaths of Americans innocently exposed to corporate miscalculations several hundred-fold.”

 Reportedly, the PAGs had been approved last fall but their publication was held until after the presidential election. The rationale for timing their release right before McCarthy’s confirmation hearing is unclear. Since the PAGs guide agency decision-making and do not formally set standards or repeal statutory requirements, such as the Safe Drinking Water Act and Superfund, they will go into full effect following a short public comment period. Nonetheless, the PAGs will likely determine what actions take place on the ground in the days, weeks, months and, in some cases, years following a radiological emergency. “

 For more information, go to http://www.peer.org/news/news-releases/2013/04/08/white-house-approves-radical-radiation-cleanup-rollback/


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Celebrating 20 Years of Environmental Justice at EPA

I had the good fortunate to attend a reception celebrating the 20th Anniversary of the establishment of the USEPA’s Office of Environmental Justice (OEJ) last week in Washington, D.C. This event celebrated the accomplishments of the Environmental Justice movement and recognized the work of many of the pioneers in the movement over the past 20 years. Lisa Garcia, Associate Assistant Administrator for EPA’s OEJ opened the evening’s events that included presentations by Charles Lee, former director of the OEJ and Vernice Miller-Travis, long time environmental justice advocate. Charles Lee looked back at the significance of his seminar report Toxic Waste and Race in the United States published in 1987. Key recommendations in this report included urging the EPA to establish an Office of Hazardous  Wastes and Racial and Ethnic Affairs which became the Office of Environmental Justice in 1992; urging the President to issue an Executive Order on Environmental Justice mandating federal agencies to consider the impact of current policies and regulations on racial and ethnic communities which Bill Clinton did in 1994; and further urging EPA to establish a National Advisory Council on Racial and Ethnic Concerns which became the National Environmental Justice Advisory Council in 1993. Vernice Miller-Travis spoke of other seminal reports and moments in the Environmental Justice Movement including the First National People of Color Environmental Leadership Summit and the formation of the Principles of Environmental Justice.

Environmental Justice Pioneer Awards were given to former EPA Administrator Lisa Perez Jackson and to Dr. Clarice Gaylord, the first director of the EPA Office of Environmental Justice. Also honored was Dr. Mildred McClain for her spirit and lifelong commitment to Environmental Justice. The most moving moment of the evening came when past heroes and sheroes (their word) of the Environmental Justice movement were recognized and honored. The individual images of sixteen leaders who had passed away in recent years were shown on a large screen in a moving video tribute. Virtually every one of these individuals were people I and others at CHEJ had known and worked with before. By the time the video tribute was over, I don’t think there was a dry eye in the room. It was very moving.

The newly appointed director of the Office of Environmental Justice, Matthew Tejada was also introduced that night. Matt was the former director of the  Air Alliance Houston. Music and refreshments were served to close out the evening as several hundred environmental justice activists and supporters shared memories and hopes for the futures. The theme for the evening seemed to be that much has been accomplished but much more still needs to be done, like all struggles for justice.

EPA’s Office of Environmental Justice has launched a 20th Anniversary Video Series that features government officials, non-profit leaders, academics and students who share inspiring and educational stories about the lessons they have learned while working on environmental justice. Click here to view the full list of blog posts and videos in this series.

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Even if Prepared – If No One Sounds The Alarm Someone Gets Hurt

They called 911 but never alerted the residents – They evacuated 22 families as the oil spilled out but won’t tell us the risks – the train derailment is being cleaned up but people are still sick — the seven inch well stack exploded into the air like a missile – Where are the Protections?

In Montrose Borough, PA a woman was concerned and curious about a loud noise coming from a fracking site not too far from her home. Vera Scroggins decided to take a ride and find out what was happening. She described this journey in her letter to the editor.

“I was in a friend’s living room on March 19th in Montrose Borough, Pa., Susquehanna County, at about 5 p.m., and heard a loud noise going on for eventually over an hour and it sounded almost like a gas flare but later found out it was an ESD release, an emergency shutdown, of pipelines as part of safety measures and routine maintenance.

I followed the sound to Sterling Rd., South Montrose, about 2 miles away or more and it was loudest there. People, like myself, were driving around trying to find out what this was. This was a new experience for me. I have found out that gases were released for over an hour and we, the community are being exposed to this by Williams Gas.”

It is amazing how this story is the same as the story from families living around chemical plants, pipelines, incinerators, dumpsites and so many more dangerous places. Government and corporate profiteers get away with releasing chemicals accidentally or on purpose and don’t have to notify people at risk.

As a result there is no way for innocent families to prepare themselves for the danger. Families often think about fire and have a fire alarm or explain to children in the event of a fire in the homes here is what you do. Schools across the country have fire drills so that students and staff are prepared in the event of a fire.

Yet in communities like Vera’s or most recently March 29th in Arkansas a pipeline rupture where tar sands sludge spilled 12,000 barrels of oil throughout the community causing the evacuation of at least 22 families. March 30th a fracking explosion shot a huge, long pipe into the air landing in the cab of a construction truck. Earlier in March in Paulsboro, NJ a train derailed and a toxic cloud covered the area people were confused about what to do but worse they were told the risk was low. Yet a 77 year old woman died after breathing those toxic chemicals from the train derailment.

Vera is right when she said in her letter, when she talked about the lack of notification and preparedness for such accidents. “No one in the community was notified except 911 about this. We need to know who to call when this happens and be told what it is to allay our fears and anxiety. And we need to know what the health impacts from gases being released from pipelines in this instance and any more that will happen in the future.”

In all of these situations we often talk about the issues in a bigger broader context but the past month has really demonstrated how local the issues are and that our focus needs to include large policies or regulatory change but also change that can address the many needs for safety notification and enforcement at the local frontline communities.

Vera and other just like her across the country want answers and help. It’s time to focus on these needs.

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Spring Often A Sad Time For Families

Spring is here which is generally a very nice time of year where people look forward to opening their windows and planting gardens. Unfortunately in many of the communities that CHEJ works in people dread spring and summer. Why, because their air is contaminated and they have been told not to plant a garden. Consequently, they look out their kitchen windows with a sad heart knowing that the barren ground that once was rich with vegetables is now too toxic for human consumption. Families also understand that the ground is likely a toxic risk for their children to play out of doors, but what choice do they have<p>.

Although it’s warm or even hot in some places parents are fearful about opening their windows to let the breeze in because they know that along with the breeze is chemicals and nasty particulates. So a lovely spring day in neighborhoods impacted by chemicals, becomes a reminder of what they’ve lost by no cause or act of their own.

Corporations have the right to pollute. There are laws and regulations that outline how much they can pollute the air and how much harm they can do (based on a cancer risk analysis) but no one in the regulatory agencies puts together what the real risks are to people when you live in an industrial zone. Each facility is allowed to release a certain amount of chemicals but when you look at those releases collectively the levels at time is staggering.

Families living in areas with a number of industries never choose or even thought one day they would be poisoned. For example just outside of Baltimore, Maryland in Wagner’s Point families lived there for generations. This area is actually a peninsula that juts out into the bay. People had small summer homes and it served as a nice place for retirees. Men and women once went to the shore a block from their home to fish, go crabbing or to have a picnic. Spring was a welcome time of year for them.

However, over time the center of the peninsula became more and more industrialized. Oil storage tanks and chemical plants began popping up. Eventually the center of the peninsula was all industry. The air was foul, truck traffic a serious problem and the crabs were no longer safe to eat. Families were told that if there was an accident at any of the facilities that they would be trapped at the end of the peninsula and could only escape if they were to jump into the water. They were assured that a boat would make its way to them to pluck them out.

The families were there first. The regulatory agency permitted each of these plants like they were located on an island with no other industries around. Wagner’s Point and a northern community also on the peninsula became unsafe for children, adults and pets. CHEH worked with families there to help them obtain relocation. They won and were able to leave but where is the fairness in that. Families were there first, they lived in a beautiful water front community until the industries took over.

Today those same families, especially the seniors are remembering when they looked forward to spring. Remembering when the stood at water’s edge and fished or picnicked. Gone are the boat rides, looking for crabs or swimming in the water. For them spring is healthier where they live now but a piece of their heart, love and family tradition is gone.

Some say spring is beautiful for the privileged. Spring is for those who can live far from industries, those who can afford the time, resources and money to fight back to protect their community. I believe spring a beautiful spring is for everyone. We all need to just keep on pushing back and we need to help those who are in need of our assistance. A happy spring should be had by all.

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Counting Heads Is Not Enough To Address Environmental Justice



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Alonzo Spencer CHEJ's BOD Chair



Today in the Washington Post was a front page news story that talks about how the large environmental organizations are not diverse enough.

This is the same story written many times beginning in the late 1980’s. It sparked a national conversation and action that lead to the first Environmental Justice Summit in 1991 and in 1994 Bill Clinton signed an executive order Environmental Justice Act. The story talked about counting heads (non-white) on staff, in decision making positions and members of the Board. That story is not new and I believe is way too narrow of a focus.

The large environmental organizations have brought more diversity to their staff and their board, then was the case in 1990, but they are still a far cry from being diverse. However, I think just counting people of color within an organization is not the only or even the best measurement of their efforts to address the multitude of issues within the context of environmental justice.

One point that the Washington Post article raised, I think is at the heart of the issues. “Today, minority communities — black, Latino and Native American — along with low-income white neighborhoods still bear a disproportionate burden of the nation’s toxic pollution. They are in the shadows of petrochemical plants and coal-fired power plants, the nation’s greatest source of stationary pollution, according to the Congressional Research Service.” A diverse group of staff and board members will not change anything unless the large green organizations decide to makes a radical shift in their missions, goals and resource allocation.

It is a fact, detailed in a NCRP report that, environmental funders mainly support large, professionalized environmental organizations instead of the grassroots community-based groups that are most heavily impacted by environmental harms. Organizations with annual budgets greater than $5 million make up only 2% of all environmental groups, yet receive more than 50% of all environmental grants and donations. This makes it even more imperative that large organizations need to not only change the ethnic makeup of staff and board but also move significant resources to reflect their commitment to the field. The report makes the simple but profound argument that the current environmental funding strategy is not working and that, without targeting philanthropy at communities most impacted by environmental harms, the movement will continue to fail.

In movements throughout history, the core of leadership came from a nucleus of directly impacted or oppressed communities while also engaging a much broader range of justice-seeking supporters. In other words, successful movements for social change — anti-slavery, women’s suffrage, labor rights, and civil rights — have always been inspired, energized, and led by those most directly affected. Yet these are the very groups within the environmental movement that are starved for funds.

Robert Garcia said in the Washington Post article, “The values of the mainstream environmental movement don’t focus on the needs of people. They focus on clean air, water and climate.” I agree with Robert Garcia, who founded and provides counsel for the City Project in Los Angeles and would add why are they not investing in communities on the front lines?

Alonzo Spencer, CHEJ’s Board Chairman, lives with a hazardous waste incinerator that has been out of compliance more often than in compliance. His community was designated an Environmental Justice Community by the US EPA in the 1990’s. Other than CHEJ, his neighborhood has no skilled national group helping them. Where are the lobbyists that are needed to change the laws, not at the national level but at the state level?

In Ohio if you are out of compliance (not obeying the law) but you have a plan or schedule to come into compliance, you are considered in compliance. I know this because that is what the appeals court ruled when CHEJ took the case as far up as we could. So, in reality the facility never really needs to be in compliance they just need to keep putting together plans that say they will someday comply with the law. Yes, it is a fence line problem but it is also a climate issue given they release more than permitted of chemicals that impact climate and discharges contaminate the Ohio River and other sources of water.

Alonzo’s community has the highest rate of cancer in the state. Their elementary school was closed, which was a necessary action because the top of the stack of the incinerator was almost level to the school windows due to it being built below the bluff where the school stood. The local taxpayers had to pay to move the children to another school. A low-wealth county, spending money they don’t have to keep their children safe.

Or where are the resources to assist communities in Corpus Christi, TX? Along refinery row, all the industries say they are in compliance, and maybe they are, but when you have miles of refineries collectively the air is not breathable. Who lives there? Suzie Canales, another member of CHEJ’s board who tells the story about how the city charter designated section of the city specifically for African Americans and Latino’s to live. If you were Latino or African American family you could not purchase property outside of the cities designated area for your ethnic group. Therefore, homes were purchased near the refineries because they were not permitted to buy other properties. Now the properties are not only unsalable but a health risk to families who live there.

The conversation about environmental organizations and environmental justice really needs to be about resources and assistance to the front line communities rather than head counting. Someday, maybe all of the Green Groups would be diverse, but that alone will not translate into playing an active role in bringing real aide and justice to front line communities. There needs to be diversity, resources and a core commitment to solutions and necessary actions that come from the people who are impacted.

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The Next Wave of Recycling: Food Waste

Recycling glass, plastics, metals and paper has become a part of every day life for most Americans. Recycling rates (including reuse, remanufacture, composting) have reached 32% nationwide, which is more than double what it was 10 years ago. Many municipalities have successfully added curbside collection of yard waste and are now posed to take the next step in this evolution – the collection of food waste scraps for composting.

Americans generated 33 million tons of food waste in 2010 of which only 3% was recycled. The remainder went to landfills or was burned. It’s the next major component of the waste stream to take on in the efforts to reach zero waste. Currently about 170 communities in 18 states offer curbside collection of residential food waste which represents a 50% increase since 2009. In 2005, there were only 20 food waste collection programs in the US. Most of the existing programs are on the west coast with California offering 53 programs and Washington offering 52. California pioneered organic recycling when it passed a law in 1989 to divert half its waste from landfills by 2000. The city of San Francisco took this mission even further when it set a goal of diverting 75% of its trash by 2010 and now has set a goal of achieving zero waste by 2020. One strategy employed by the city has been to charge residents and businesses based on how much trash they generate (known as pay as you go). By doing this, individuals and businesses have an incentive to find ways to reduce the amount of trash they generate, which in turn, has helped to boost recycling rates.

The primary limiting factor to starting a food scrap collection program has been and remains a place to take the waste.  There are not enough facilities that can process food waste into compost.  The city of Portland, Oregon which began weekly collection of food waste and yard waste in October of 2011 recently decided to send its commercial food waste to a facility in Washington more than 200 miles away. The city had no choice as the county that had been accepting this waste voted to no longer allow the facility to accept commercial food scraps because of numerous complaints about odors from nearby residents.

Changes are coming however as the big guys like Waste Management, the largest waste hauler and disposal company in the country gear up to get into the composting business.  In addition, companies have incorporated simple steps to make it easy for people to participate. Many companies provide buckets lined with a plastic bag for people to place their food scraps and organic waste. The bucket is placed at the curb along with a trash barrel and a recycling bin. Many communities are starting slowly with pilot programs, but others are already reaping the benefits. In the first year of its food waste collection program, for example, the city of Portland, Oregon reduced the amount of residential waste it generated from 94,100 tons to 58,300 tons, a 38 percent drop. Keep your eyes out for a food waste collection program coming to your community.  It’s only a matter of time.