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METRO EDITION LOUISVILLE, KENTUCKY courier-journal.com S U N D AY , J U LY 11 , 2 0 1 0 USPS 564607

Conway hasn’t always earned ‘liberal’ label

He leans left, but scribing Democratic opponent
Jack Conway as “too far left,” link-
ing him to “his liberal Washington,
not on all issues D.C., buddies.”
But a Courier-Journal review of
By Joseph Gerth Conway’s public statements over
jgerth@courier-journal.com the last decade found that while he
The Courier-Journal does have liberal views on some is-
sues, such as abortion rights and
Within two weeks of winning health care reform, his outlook is
Kentucky’s Republican nomina- conservative or moderate on
tion for the U.S. Senate, Rand Paul others, including the death penalty
sent out at least four e-mails de- and gay marriage.
IN HIS OWN WORDS
Read more of U.S. Senate candidate
much trouble labeling Conway as a
liberal among Kentucky’s general-
ly conservative electorate.
Jack Conway’s views on the issues. A17
“Taking this entire range of is-
PAUL CHIDES OPPONENT sues into account, I would charac-
terize Jack Conway as a moderate,”
Rand Paul says Conway should “run” said Laurie Rhodebeck, a political
from the president’s policies. B1 scientist at the University of Louis-
ville. “There are, however, a few is-
Even so, political observers — sues that conservatives could ef-
on both sides of the spectrum — fectively use to portray Conway as Observers say Jack Conway is easier
who reviewed Conway’s state- to label a liberal among Kentucky’s
ments say Paul shouldn’t have See CONWAY, A16, col. 1 generally conservative voters.

Drugs, chemicals create Berman review

scary cocktail delayed; board
to meet secretly
for Ohio River New law allows closed sessions
By Antoinette Konz
akonz@courier-journal.com
The Courier-Journal

Despite conducting Superintendent Sheldon

Berman’s annual evaluation in June the past two
years, the Jefferson County Board of Education has
decided to wait until mid-July this year, allowing it
to take advantage of a new state law that keeps por-
tions of the process secret.
Board chairwoman Debbie Wesslund said that
the board had initially planned to evaluate Berman,
who is now in the final year of his four-year con-
tract, in June, but “the timing became problematic.”
“We spent most of May and June dealing with
the leadership audits (at six of the district’s strug-
gling schools) that required us to do some major
restructuring that required a lot of time and work,”
she said. “We also had a board member out of the
country for two weeks in June.”
But Jon Fleischaker, an attorney for The Couri-
er-Journal, said that the board is shutting out the
public from an evaluation that “should be done in
public.”
“It appears clear that at least one of the reasons
why the Jefferson County school board waited to

See BERMAN, A6, col. 1

Photos by Pat McDonogh, above, and Michael Hayman, below, The Courier-Journal
The Ohio River yields catfish last week to Mark Holt at the Falls of the Ohio in Clarksville, Ind. A sampling of water at 22 OIL SPILL | DAY 83

Robot ‘surgeons’
spots along the river found medications and other chemicals. It’s unknown if the levels found pose any health threats.

Low levels of contaminants in water supply

By James Bruggers
jbruggers@courier-journal.com
begin delicate
repair operation
The Courier-Journal

Dozens of chemicals and pharmaceuticals — antidepressants, veterinary

hormones, even cocaine — have been detected in the Ohio River upstream and
downstream from Louisville. By Tom Breen
Researchers who conducted the study downplayed the potential effects for Associated Press
the 5 million people along the 981-mile river who use it for drinking water. The
contaminants, they said, are in extremely low concentrations. NEW ORLEANS — Robotic WILDLIFE
But outside scientists who reviewed the data noted that some of the pollu- submarines working a mile under- RESCUE
tants have been tied to feminization of male fish, effects that water removed a leaking cap from
the gushing oil well Saturday, start- A print exclu-
should serve as a warning to people.
SUNDAY “When we see something this basic being altered in fish, ing a painful trade-off: Millions sive full page
on how you
PRINT we should be concerned about what it’s doing to our own more gallons of crude will flow
freely into the Gulf of Mexico for at can help. A8
health,” said biologist Peter DeFur, a research associate pro- Winnie Hepler of St. Matthews is a
fessor at Virginia Commonwealth University who specializes water safety advocate but also needs least two days until a new seal can
EXCLUSIVE in chemical contaminants in the environment and was not medications to ease her daily life. be mounted to capture all of it. GULF AREA
Available only involved in the study. There’s no guarantee for such a NOT ALONE
in your print The drugs and chemicals were found in a survey by the INSIDE delicate operation almost a mile The West
edition today. below the water’s surface, officials
eight-state Ohio River Valley Water Sanitation Commission !How to properly dispose of medi- African nation
even though sewage treatment efforts screen out a significant said, and a permanent fix of plug- of Nigeria has
cations. A4 ging the well from the bottom re-
percentage of the contaminants. !Kentucky and federal lawmakers suffered oil
The sampling at 22 locations from Pittsburgh to Paducah is the first to deter- mains slated for mid-August. spills for
strive for tougher rules on chemical “It’s not just going to be, you put
mine such a widespread presence in the Ohio of what are called “contaminants pollution of waterways. A5 decades. A13
of emerging concern” and are a new focus of the U.S. Environmental Protection the cap on, it’s done. It’s not like
putting a cap on a tube of tooth-
See OHIO, A4, col. 1
NEWSPAPER
A GANNETT

See OIL, A15, col. 1

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ON YOUR CELL PHONE Louisville area: Most- Class. F1, G1, J1 Movies I-4
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A4 | SUNDAY, JULY 11, 2010 | THE COURIER-JOURNAL
OHIO | River sampling finds drugs, chemicals; threat to health unknown
Continued from A1
Agency.
The sanitation commission,
which was established by Congress
and Ohio River states in 1948, and
its partner in the study, the EPA, say
there’s little information available
regarding human health risks of
what they found.
Outside scientists said there are
legitimate concerns that the con-
taminants, including medications
that pass through people and into
the sewage system, may pose
health risks to people.
Several drugs were detected at
trace levels in Louisville Water Co.
tap water in 2004 as part of a sepa-
rate national survey. Experts said
it’s likely that at least some drugs
and chemicals in the river are still
routinely passing through treat-
ment systems into drinking water.
“I don’t like the idea of taking
somebody else’s medication
through my water supply,” said
Leonard Buckner, a Louisville Wa-
ter Co. customer. “It seems like we
need to understand this better.”
Some home filter systems claim
to remove many of the pharmaceu-
ticals. But those claims have not yet
been verified, said Tom Bruurse-
ma, who manages a water treat-
ment certification program for
NSF International, a nonprofit
public health and safety agency
that tests and sets standards for
water treatment systems.
‘The big unknown’
“Just because you find it doesn’t
mean it’s a problem,” said Erich
Emery, a biologist and research
manager working on the study for
the commission, commonly
known as ORSANCO. “We have
the ability to detect (almost) any-
thing we want now.”
ORSANCO’s 279-page screen-
ing survey is almost entirely made
up of raw data. ORSANCO staff
and the EPA are working on a final
report to be completed early next
year.
The Cincinnati-based commis-
sion this spring gave the data to its
member states. It also provided a
copy to The Courier-Journal,
which reviewed it with several out-
side environmental health experts,
including Theo Colborn, who said
some of the detected chemicals are
considered endocrine disrupters.
They can mimic or interfere with
hormones in the body, possibly af-
fecting tissues and organs.
The 1996 book Colborn co-au-
thored, “Our Stolen Future,”
brought international attention to
the issue, and she said research has
suggested potential links between
endocrine disrupters and such
medical conditions as attention
deficit hyperactivity disorder,
obesity, early puberty and infertil-
ity.
“The big unknown is the mix-
ture of these things being taken to-
gether,” said DeFur, the Virginia
Commonwealth biologist. “We
have no idea how to even think
about what that means.”
DeFur said the sampling results
are a confirmation of what has pre-
viously been found in states such
as Delaware, Minnesota and Cali-
fornia, and nationally by the U.S.
Geological Survey.
He and others spoke of the need
for a precautionary approach.
“When you are faced with an
unknown and you believe there is
potential for harm, you err on the
side of human health,” said Dr. Da-
vid Tollerud, chairman of the de-
partment of environmental and oc-
cupational health sciences at the
University of Louisville’s School of
Public Health.
Nearly indestructible
The $85,000 study was designed
to look for 158 contaminants, in-
cluding 118 pharmaceuticals, hor-
mones and personal care products.
It also looked for perfluorinated
compounds, which have been
widely used in nonstick coatings
for pots and pans and in stain- and
grease-proof coatings for food
packaging and fabric.
All are essentially unregulated
in the nation’s waterways and
drinking water supplies and are
among thousands of chemicals
made by humans that are of poten-
tial concern.
Terry Collins, who leads Carne-
gie Mellon University’s Institute
for Green Science in Pittsburgh
and reviewed the ORSANCO data
for the newspaper, called it “a very
good study” that sheds light “on a
large number of compounds.”
“… Some of them are coming
back in our drinking water,” he
said.
He said the perfluorinated com-
pounds, or PFCs, are nearly inde-
structible, and they build up in hu-
mans and animals.
The federal Centers for Disease
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KY-
CONTAMINANTS IN THE CURRENTS
By Michael Hayman, The Courier-Journal
A worker monitors part of the filtration process last month at the Morris Forman wastewater treatment plant on the Ohio River at Louisville.
LOUISVILLE’S CHEMICAL RUNOFF HOW TO DUMP
WATER CONTAMINANTS
The percentage increase of selected chemicals in YOUR DRUGS
Water sampling has identified dozens of essentially unregulated the Ohio River after passing through Louisville:
chemicals and compounds in the Ohio River, a drinking water source !Ask your doctor or pharmacist
for 5 million. These include contaminants that mimic hormones and !PFPeA breakdown product of stain- and if they’ll accept unwanted med-
prescription drugs and are a new focus grease-proof coatings on food packaging, couches, icines.
carpets !Generally, government agencies
of EPA scrutiny. Pa. say don’t flush drugs down the
58.2 percent
sink or toilet. But the Food and
Checking on Pittsburgh !PFOA used in chemical manufacturing, and to Drug Administration keeps a list of
the Ohio River make products resist fire and repel oil, stains, 27 medications, such as morphine,
OHIO grease, and water, and provide non-stick surfaces OxyContin, Percocet, Demerol and
INDIANA Cincinnati on cookware methadone, that they recommend
ILLINOIS 3 percent people flush down the drain as a
WEST safety precaution.
Evansville
Louisville VIRGINIA !Benzoylecgonine breakdown product of The Office of National Drug
cocaine Control Policy recommends the
Paducah 117 percent
KENTUCKY VIRGINIA following for other drugs:
Take drugs out of original con-
Cairo
Cai !Caffeine stimulant in coffee and other bever- tainers and mix them with an
ages
Twenty-two locations were targeted undesirable substance, like cat
upstream and downstream of metro areas. 59 percent litter or used coffee grounds.
42
Some samples were taken from tributaries, !Carbamazepine anticonvulsive and mood Put the mixture in a disposable
including one south of Columbus, Ohio. container with a lid, such as an
Har rods
Harrods stabilizer
CCreek
reek 31 percent empty margarine container or
sealable bag.
Silver CLARKSVILLE !Gemfibrozil reduces cholesterol and triglyce- Remove or black out the pre-
NEW ALBANY Creek
Goose
rides in the blood
62
JEFFERSONVILLE
JEFFERSONVILLE
71
Creek scription drug labels and place the
64 34 percent drug containers in with the mix-
Sample taken at ture.
!Atenolol reduces blood pressure and angina
Zor e.
Seal and put in the trash.
Av
n
Ohio River mile 25 percent
264 Sample taken at Ohio !Jefferson and Oldham County
612.2, which is at
65 River mile 600.5 (two- drug drop-offs for the fall haven’t
Morris Forman Beargrass !Sulfamethoxazole antibacterial
wastewater Creek tenths of a mile 51 percent been scheduled yet. Floyd County,
treatment plant downriver from the Ind., residents can drop off un-
Louisville Water Co.’s
outfall. !DEET insect repellent 81 percent wanted medications at Floyd
Zorn pumping station Memorial Hospital, 1850 State St.,
111 LOUISVILLE and intake). !Metformin anti-diabetic 23 percent New Albany, from 2 to 3 p.m. the
By Joanne Meshew, The C-J
second Thursday of each month.
down toilets. Of those two sources, repellent, was 81 percent higher. Water company officials say
FROM THE TAP the Food and Drug Administration The increase in the cocaine indica- what comes out the taps of its
says human excretion produces tor in effluent plumes of Cincinnati customers meets all current wa-
In a sampling of Louisville drink-
more drug contaminants. and Pittsburgh was even bigger — ter quality standards, and offi-
ing water done in 2004, research-
Other sources of drugs in the in the 200 percent range. cials at MSD say they are meet-
ers, in cooperation with the
environment include runoff from Wastewater treatment plants ing current discharge standards.
Louisville Water Co., identified
farms and water that passes are not designed to remove all con- Representatives from both
nine drugs in tap water at trace
through landfills. taminants, said Collins, the Carne- said the contaminants could be
levels:
The drugs found in the Ohio gie Mellon chemist. reduced further as they upgrade
!Caffeine, stimulant. River include three prescriptions “The fact that you are seeing their plants to meet new stan-
!Sulfamethoxazole, anti bacteri- in the medicine cabinet of St. Mat- spikes and you can trace them to a dards for unrelated pollutants.
al. thews resident and longtime water treatment plant is a promising For example, the Louisville
!Meprobamate, anti-anxiety quality advocate Winnie Hepler. thing,” he said. “We can do better. Water Co.’s new, $50 million ri-
medication The 82-year-old is battling chronic We can lower those concentra- verbank-filtration system that is
!Dilantin, anticonvulsive.. obstructive pulmonary disease tions.” scheduled to come fully online at
!Carbamazepine, anticonvulsive and high blood pressure. its Payne Treatment Plant near
and mood stabilizer The medications, she said, al- Future filtering Prospect should be able to re-
!DEET, insect repellant. low her to go on daily walks and at- For their part, ORSANCO offi- move 90 percent of drugs and
!Iopromide, radiographic con- tend public events. cials say they are not sure that the other chemical compounds, said
trast agent “I think I’d be confined to craw- levels of what they found in the riv- Rengao Song, manager of water
!Ibuprofen, anti inflammatory ling around in my apartment other- er need to come down. quality and research for the city-
!Gemfibrozil, reduces choles- wise,” she said. “It would be nice if we had a bet- owned company. Payne supplies
terol and triglycerides in the blood But she also said she hopes the ter sense of which chemicals to about 30 percent of the city’s wa-
research leads to efforts to reduce worry about,” said Peter Tennant, ter.
the contaminants in the water. deputy director of the commission. He said the company is study-
“We really need to know what The regulatory system is not set ing additional treatment options
Control and Prevention, which has we are doing,” she said. “We don’t up to deal with such a large inven- at its main Crescent Hill plant. It
found as many as 12 PFCs in a na- want to do harm.” tory of potential threats, Tennant has budgeted up $200 million to-
tional survey of human blood se- said, adding that the EPA typically ward that work, which would be
rum, says people are likely exposed Plant discharges issues just three or four new water done over the next decade, said
by consuming them in food or wa- Many of the samples were taken quality standards per year. Vince Guenthner, a company
ter or by using products that con- above and below the wastewater “That kind of pace just isn’t go- spokesman.
tain them. treatment plants of cities along the ing to cut it for the thousands of And MSD just started to look
Some PFCs have been linked to river. In most cases, including Lou- chemicals that are of emerging into potential designs and cost of
liver toxicity in fish and liver can- isville, the concentrations were concern,” Tennant said. a third layer of treatment at Mor-
cer in rodents, Collins said. higher in the effluent. EPA officials declined to be in- ris Forman, its largest plant, that
The drugs that were detected in For example, concentrations of terviewed. But in a statement from would meet potential new ef-
the river water include some of the the anti-convulsive and mood sta- EPA spokeswoman Enesta Jones, fluent limits for chemical ele-
most commonly prescribed medi- bilizer carbamazepine, sold under they said they are studying a list of ments such as nitrogen and
cations, said Dr. George Bosse, brand names including Tegretol, 104 contaminants — including, for phosphorus.
medical director of the Kentucky increased 31 percent just below the first time, pharmaceuticals — MSD Operations Director
Regional Poison Center in Louis- Louisville’s Morris Forman treat- for potential drinking water limits. Alex Novak said he will see
ville. The study found medications ment plant on the Ohio River. The In August, the EPA said it will whether any of the designs might
used to fight depression, anxiety, concentration of the PFC known as launch a survey looking for some also be effective with drugs and
high blood pressure, diabetes, PFPeA was 58 percent higher; and 200 drugs and other chemicals in other unregulated chemicals. “If
heart disease and infection. the concentration of atenolol, a the source and tap waters of about there’s a solution that can also in-
Also frequently detected was blood pressure drug, was 25 per- 50 drinking water utilities across corporate these endocrine dis-
caffeine, as well as evidence of co- cent higher. the United States, with the results rupters, then that’s the way to
caine and nicotine from tobacco The study also found the con- anticipated by late 2011. go,” Novak said.
products. centration of benzoylecgonine, the At both the Louisville Water Co. “The anticipation is that we
Our bodies don’t use all the urinary breakdown product of co- and the Metropolitan Sewer Dis- will (eventually) have to do
medication we take, and some gets caine, was 117 percent higher in the trict, officials said their current something,” he said.
excreted in human waste. Drugs Morris Forman effluent plume, treatment already removes some
also enter the environment when while caffeine was 59 percent high- contaminants identified by OR- Reporter James Bruggers can be
people flush unwanted medication er, and the level of DEET, the insect SANCO. reached at (502) 582-4645.

KY-
Tougher chemical discharge rules sought
State and federal
bills offered
By James Bruggers
jbruggers@courier-journal.com
The Courier-Journal
Legislation in Washing-
ton, D.C., and Frankfort, Ky.,
seeks to reduce pollution by
pharmaceuticals and other
chemicals.
Kentucky state Rep. Joni
Jenkins, D-Louisville, intro-
duced a bill earlier this year
to prohibit health care facil-
Officials fear
public ignoring
rash of recalls
By Lyndsey Layton
The Washington Post
McDonald’s asked cus-
tomers to return 12 million
glasses emblazoned with the
character Shrek.
Kellogg’s warned con-
sumers to stop eating 28 mil-
lion boxes of Froot Loops
and other cereals. Chef
Boyardee asked the public to
return 15 million pounds of
Spaghetti-Os, and seven
companies recalled 2 million
cribs.
Those were just a frac-
tion of the products recalled
in the United States in the
last few weeks.
Government regulators,
retailers, manufacturers and
consumer experts are con-
cerned that recall notices
have become so frequent
across a range of goods —
foods, consumer products
and cars — that the public is
suffering from “recall fa-
tigue.”
In many cases, people
simply ignore urgent calls to
destroy or return defective
goods.
One recent study found
that 12 percent of Americans
who knew they had recalled
food at home ate it anyway.
Hasbro recalled the iconic
Easy Bake Oven in 2007 be-
cause the fingers of two doz-
en children had gotten stuck
in the door, and the toymak-
er received 249 more reports
of injuries over the following
six months.
One 5-year-old girl was so
seriously burned that doc-
tors had to remove part of
her finger.
“It’s a real issue,” said Jeff
Farrar, associate commis-
sioner for food protection at
the Food and Drug Adminis-
tration, who said even his
wife has complained about
the difficulty of keeping
pace with recalls. “That
number is steadily going up,
and it’s difficult for us to get
the word out without over-
saturating consumers.”
The problem is twofold:
Some people never learn
that a product they own has
been recalled, and others
know they have a recalled
product but don’t think any-
thing bad will happen.
“The national recall sys-
tem that’s in place now just
doesn’t work,” said Craig
Wilson, assistant vice presi-
dent for quality assurance
and food safety at Costco.
“We call it the Chicken Little
syndrome. If you keep
shouting at the wind — ‘The
sky is falling! The sky is fall-
ing!’ — people literally be-
come immune to the mes-
sage.”
The government main-
tains a website, www.recalls-
.gov, offering information
about all kinds of recalls, and
consumers can subscribe for
e-mail alerts about specific
products.
But it amounts to over-
load, said William Hallman,
professor of human ecology
at Rutgers, the State Univer-
sity of New Jersey.
“There is so much infor-
mation out there, if you paid
attention to every recall no-
tice that came out every day,
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Time: 07-10-2010 20:37
ities from flushing drugs into
toilets. It died in committee.
But she said she will be back
next year with a different ap-
proach to keeping drugs out
of the environment.
“I am looking at an un-
wanted-drug collection pro-
gram,” she said, adding that
legislation might also re-
quire pharmaceutical com-
panies to take back unused
drugs. “It’s time for us to at
least be aware of what we are
putting in the water and the
implications.”
Brad Hall, executive di-
rector of the Kentucky Phar-
Associated Press photos
McDonald’s has asked
customers to return 12 million
Shrek glasses after cadmium
was found in the paint.
Hasbro recalled its Easy Bake
Oven in 2007 because kids’
fingers would get stuck in it.
you’d go nuts,” said Hallman,
who has studied consumer
attitudes toward food recalls
with a grant partially funded
by the U.S. Department of
Agriculture. He conducted a
national survey last year in
which 12 percent of respon-
dents said they knowingly
had eaten a recalled food.
“Human beings are com-
plex creatures,” he said.
“Some do exactly the oppo-
site of what they’re told to
do.”
Any recall has two tar-
gets: retailers and consum-
ers. Government regulators
say most stores can quickly
pull defective products from
shelves and block their sale
at the cash register. The
tougher battle is getting the
consumer to act.
“We do a good job of get-
ting dangerous products off
store shelves, but we do be-
lieve the greatest challenge
is getting dangerous prod-
ucts out of the homes,” said
Inez Tenenbaum, chairman
of the Consumer Product
Safety Commission, which
oversaw 465 product recalls
in 2009, involving tens of
millions of items ranging
from circular saws to Jesus
Fish Beads.
If a product is relatively
expensive, consumers are
more likely to return it for a
replacement or a repair.
Car owners are among
the most responsive, return-
ing 73 percent of recalled au-
tos and 45 percent of re-
called child car seats in 2009,
according to the National
Highway Transportation
Safety Administration.
Of the 7.7 million vehicles
Toyota recalled in the past
year, 3.7 million, or just less
than half, have been brought
in and repaired, said Brian
Lyons, a company spokes-
man.
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THE COURIER-JOURNAL | SUNDAY, JULY 11, 2010 | A5
CONTAMINANTS IN THE CURRENTS
macists Association, said
hospitals aren’t flushing
Substances Control Act of
1976 up to date.
quires the EPA to prove a
chemical is unsafe.
the toxic chemicals law, said
Sarah Brozena, senior direc-
drugs down toilets. He said That law offers very little But that could change un- tor of regulatory and techni-
most work with “reverse dis- control over the 83,000 der legislation introduced cal affairs for the American
tributors” that either return chemicals used in industry this year by Sen. Frank Lau- Chemistry Council, a lobby-
the drugs to the manufactur- and consumer goods, many tenberg, D-N.J. ing group. But she said it will
er for disposal or have them of which are also making it “EPA does not have the be important to get it right,
incinerated. into our bodies, according to tools to act on dangerous because chemistry perme-
He said his group wants the General Accountability chemicals and the chemical ates the nation’s economy.
to work with Jenkins on a Office, the investigative arm industry has asked for stron- Lautenberg’s bill would
system that allows patients of Congress. ger laws so that their cus- shift the burden to the chem-
to safely get rid of their un- In the 34 years since Con- tomers are assured their ical manufacturers by re-
wanted medicines — and to gress passed the toxic sub- products are safe,” Lauten- quiring them to demonstrate
develop an incinerator in stances law, the U.S. Envi- berg said in April, when he to the EPA why they believe
Kentucky to encourage ronmental Protection Agen- introduced the Safe Chemi- a chemical is safe.
proper disposal. cy has only been able to use cals Act of 2010.
In Washington, there’s a it to control just five. One The chemical industry is Reporter James Bruggers can be
push to bring federal Toxic reason is that the law re- ready for a modernization of reached at (502) 582-4645.
$50 mail-in rebate AT&T
Promotion Card; with 2-year
wireless service agreement
on voice and minimum
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with 2-year wireless service
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! Clarksville 709 Lewis and Clark Pkwy, " Shelbyville 1663 Midland Trail ! Shepherdsville Apex Wireless, 185 Adam Shepherd
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Pkwy, (Near Kroger)
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! Elizabethtown 1974 North Dixie Ave, Bardstown 209 Culpepper Dr Taylorsville Cellular Mobility, 99 Settler's Center Way
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AT&T Promotion Cards: Samsung Strive with 2-year wireless service agreement on voice & minimum $20/mo data plan required is $19.99. Samsung Solstice
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