Are Fireworks a Serious Environmental Threat?
12 Sep 2006 in Regulatory Science, Regulatory Policy, Litigation
An increasing number of communities have canceled fireworks displays because of concerns about perchlorate contamination. Perchlorate is the oxidizing agent used to make fireworks rockets blast off.
Several news outlets have reported that San Diego's SeaWorld has canceled its regular fireworks shows. According to the NBC affiliate in San Diego: A group called California Coast Keepers has threatened a lawsuit alleging the amusement park needs a water quality permit for the fireworks displays. Sea World is located on Mission Bay, an estuary of the Pacific Ocean.
“There are pollutants being discharged and the law says you need a permit,” said Marco Gonzalez, an attorney for Coastkeeper.
SeaWorld has had fireworks shows for many years, but previously no one -- including the state's regional water quality regulator -- has thought that a permit was required.
“The implications of this are very significant,” said John Robertus, executive officer of the San Diego Regional Water Quality Control Board, the agency that will weigh the merits of SeaWorld's application.
While fireworks firms routinely obtain permits from local fire departments, pyrotechnics have not been regulated by water-quality agencies.
“It has not been done anywhere in the U.S. that I am aware of,” Robertus said. “Locally, we have not seen a need to regulate that.”
On June 26, it filed a 60-day notice of intent to "bring litigation to enforce the Clean Water Act’s mandate that a permit be obtained for displays that release potentially dangerous chemicals into Mission Bay."
Because SeaWorld canceled its fireworks shows, San Diego Coastkeeper will not move forward with its lawsuit. Coastkeeper's novel legal claim that the Clean Water Act applies to fireworks displays thus will not be adjudicated in court. By canceling its fireworks shows and agreeing to seek a permit from the San Diego Regional Water Quality Control Board, SeaWorld implicitly concedes that fireworks pose an environmental hazard to Mission Bay, and that it has been acting illegally for years by failing to obtain a permit.
In its August 23 press release, Coastkeeper praises SeaWorld for "taking a leadership role in the responsible use of firework displays" by canceling its fireworks shows.
There are international fireworks competitions in Montreal, Catalonia, Macau, and Vancouver. The fireworks displays in San Diego, including SeaWorld's now-canceled program, can be viewed here.
Fireworks displays are regular events in the U.S., including spectacular displays over water every Independence Day in cities such as Boston, New York, Chicago, Miami, Tampa-St. Petersburg, Philadelphia, Seattle, and San Francisco, The Windsor-Detroit International Freedom Festival, a fireworks show over the Detroit River, is said to draw over a million people to celebrate Canada Day and U.S. Independence Day. The grand-daddy of Independence Day fireworks displays is held on the Mall in Washington, DC, adjacent to the Tidal Basin.
Under San Diego Coastkeeper's reading of the Clean Water Act, all these fireworks programs are illegal.
Perchlorate appears to be the key to San Diego Coastkeeper's complaints:
When fireworks are shot off over Mission Bay, chemicals found in those fireworks fall into the Bay, as does paper trash (firework casing) that is potentially laden with chemicals. Some of the hazardous compounds found in fireworks and potentially in Mission Bay include: perchlorate salts, arsenic, chromium, copper, strontium, mercury, cadmium, lead and zinc.
“Fireworks contain dangerous chemicals that can make their way into our bays and onto our beaches,” stated Coastkeeper Executive Director Bruce Reznik. “We must ensure that fireworks are used responsibly, potential impacts are appropriately monitored, and that all necessary permits are obtained.”
Mission Bay is 2,287 acres of water surrounded by 27 miles of shoreline. If it were just 10' deep on average (it is more than 30' deep at its entrance) it would hold 22,870 acre-feet of water, or about 28 billion liters. Perchlorate is not a waste product from fireworks. It is combusted.
From Fred Olsen on 4 June 2007, 14:30
I have a foot in both worlds.
I've been an environmental activist who's done time for protesting. I worked with nuclear power plant licensing issues, so I'm extremely fact-oriented and am very concerned that we make decisions using legal and or scientific burdens of proof.
I'm also a pyrotechnician, researcher and artist who has treveled around the world in this sphere of technical and artistic endeavor.
I have tried to get more information on this story since it first appeared, without success. I have to wonder if Coast Keepers (who have NEVER returned phone calls or e-mails) is acting as a shill for the government-- perhaps unknowingly at the behest of agents provocateurs-- to help destroy the fireworks industry as we know it. The government would like for there to be just a handful of companies that would be easier to regulate (and may extract bribes from!).
The Coast Keeper's allegations are a joke. From what I've seen, they have little or no idea what they are talking about. They've certainly stonewalled ME on the subject of their concerns.
Fred Milton Olsen
Heart of Fire
From Joey Racano, Director, Ocean Outfall Group www.stopthewaiver.com on 24 June 2007, 00:45
This is a valid point, especially near an estuary! Remember, what goes up, must come down! Also, not all fireworks detonate. Further, Not all fuel is burned upon detonation, like in a motor vehicle.