U.S. Use of Mexican Battery Recyclers Is Faulted





United States companies are sending spent lead batteries to recycling plants in Mexico that do not meet American environmental standards, according to an environmental agency created under the North American Free Trade Agreement, putting Mexican communities at risk.




In a blistering report submitted this week, the agency, the Commission for Environmental Cooperation, notes that the United States does not fully follow procedures common among developed nations that treat international battery shipments as hazardous waste. It faults environmental agencies on both sides of the border for lapses in regulation and enforcement. Cross-border trade in lead batteries increased by up to 525 percent from 2004 to 2011, the report said.


The report, which has been circulating in draft form, has been forwarded to the governments of the United States, Canada and Mexico, which have 60 days to object to its publication. An estimated 20 percent of lead acid batteries from the United States now go to Mexico for recycling, according to trade statistics.


“There needs to be better coordination between government agencies and better cross-border tracking,” said Evan Lloyd, who was the agency’s executive director until late last year and oversaw the yearlong study.


The report highlighted a number of shortcomings: Customs data on the number of batteries crossing the border did not mesh with counts by the United States Environmental Protection Agency. Though the E.P.A. requires notice of batteries leaving the United States, there was no effort to make sure that they had arrived at qualified recyclers in Mexico. The data that battery companies sent to the E.P.A. about exports consisted of “piles of paper,” Mr. Lloyd said, and it was never amassed into an electronic database that would be “useful to regulators.”


Almost all lead acid batteries used in the United States are recycled to extract the lead for reuse because lead is a dangerous pollutant and because it is a valuable commodity. Lead batteries are used in vehicles, cellphone towers and wind turbines.


Since 2008, new United States limits on lead pollution have made domestic recycling complicated and costly. That has helped propel the recycling trade to Mexico, both legally and illegally, environmental groups say, because that country has less stringent limits for lead pollution, and far less vigorous enforcement.


“There’s a pretty consistent pattern suggesting that exports are the direct result of U.S. emissions standards,” said Perry Gottesfeld, executive director of Occupational Knowledge International, which has led the campaign against lead poisoning internationally. Mr. Gottesfeld noted that a Mexican plant owned by a major American recycler, Johnson Controls Inc., puts out more than 30 times as much lead emissions as its newest plant in the United States.


“What Mexico needs to do is to get its recycling up to U.S. standards, and the U.S. needs to do a much better job of tracking batteries overseas,” he said. In an e-mail, Johnson Controls, based in Milwaukee, said it was “modernizing and reinvesting” in the Mexican facility, acquired in 2005, “to reduce its environmental footprint.”


The report was initiated in response to a report by Occupational Knowledge International and Fronteras Comunes, a Mexican environmental group, as well as to an investigative article in The New York Times, Mr. Lloyd said. Soil collected by The Times in a school playground near a recycling plant outside Mexico City was found to have lead levels five times those allowed in the United States.


Lead poisoning causes high blood pressure, kidney damage and abdominal pain in adults, and serious developmental delays and behavioral problems in young children. When batteries are broken for recycling, the lead is released as dust and, during melting, as lead-laced emissions.


In the United States, recyclers operate in highly mechanized, tightly sealed plants, with smokestack scrubbers and extensive monitors to detect lead release. Plants in Mexico vary greatly in safety standards, and in some, the recycling process is little more than men with hammers smashing batteries and melting down their contents in furnaces.


In recent months, there have been new efforts to curb the flow of batteries south of the border, though many battery makers have fought that. In response to a draft of the report released late last year, Battery Council International, an industry group, said it opposed “the creation of additional burdensome certification programs.”


Last year, the United States General Services Administration, which is responsible for federal vehicles, asked ASTM International, an independent standards agency, to explore a voluntary standard for battery recycling.


But that effort came to naught after the proposal was voted down at an open meeting attended by representatives from industry, government and environmental groups in December. Of the 103 people at the meeting, 49 worked for Johnson Controls.


This article has been revised to reflect the following correction:

Correction: February 9, 2013

An earlier version of this article misstated part of the name of an American recycler cited by Perry Gottesfeld, executive director of Occupational Knowledge International, as the owner of a Mexican plant that puts out more than 30 times as much lead emissions as the company’s newest plant in the United States. The American recycling company is Johnson Controls Inc., not Johnson Controls International.



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Postal Service Posts Loss of $1.3 Billion in First Quarter



WASHINGTON — The Postal Service’s financial woes continued in the first quarter of this year as the agency continues to wait for Congressional action to address its mounting debt. The Postal Service posted a loss of $1.3 billion in the first quarter as mail volume continued to decline.


Total mail volume fell to 43.5 billion pieces from 43.6 billion in earlier year, agency officials told members of the Postal Board of Governors, which oversees the agency. The board, which told the agency to speed up measures to cut costs two weeks ago, endorsed the post office’s recent move toward suspending mail delivery on Saturday.


The data presented by the post office did show a slight increase in advertising mail from the 2012 election. The agency’s packaging and shipping service continues to grow, increasing 4 percent in the first quarter.


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Alicia Keys, Bobby Brown perform at Will.i.am show


LOS ANGELES (AP) — Fergie may have been absent — but the Black Eyed Peas were joined by another female diva onstage: Alicia Keys.


Keys sang "Where Is the Love" with the pop-rap group at will.i.am's charity event Thursday night at The Avalon Hollywood in Los Angeles. British singer Estelle also sang Fergie's portion of "The Time (Dirty Bit)."


Will.i.am's TRANS4M benefit show — which assists his i.am.angel foundation — also featured Bobby Brown and Ludacris, who both earned roaring cheers from the crowd of several hundred.


Will.i.am. said at the end of the evening that he raised $3.3 million.


"We're having fun, but we're also collecting funds," he told the crowd.


Will.i.am introduced Grammy-winning Keys to the audience saying: "Are you ready for a strong woman?"


The R&B singer performed "Girl on Fire" and "Try Sleeping With a Broken Heart."


Brown sang his jams "Every Little Step" and "Tenderoni." He performed at the same event in 2011, as will.i.am and Taboo of the Peas worked as his background dancers. They did the same Thursday night.


He told will.i.am in between his set that he was proud of the musician and his charity work.


The Peas closed the night with the massive hit "I Gotta Feeling."


___


Online:


http://iamangelfoundation.org .


___


Follow Mesfin Fekadu on twitter.com/MusicMesfin


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The New Old Age: The Executor's Assistant

I’m serving as executor for my father’s estate, a role few of us are prepared for until we’re playing it, so I was grateful when the mail brought “The American Bar Association Guide to Wills and Estates” — the fourth edition of a handbook the A.B.A. began publishing in 1995.

This is a legal universe, I’m learning, in which every step — even with a small, simple estate that owes no taxes and includes no real estate or trusts — turns out to be at least 30 percent more complicated than expected.

If my dad had been wealthy or owned a business, or if we faced a challenge to his will, I would have turned the whole matter over to an estate lawyer by now. But even then, it would be helpful to know what the lawyer was talking about. The A.B.A. guide would help.

Written with surprising clarity (hey, they’re lawyers), it maps out all kinds of questions and decisions to consider and explains the many ways to leave property to one’s heirs. Updated from the third edition in 2009, the guide not only talks taxes and trusts, but also offers counsel for same-sex couples and unconventional families.

If you want to permit your second husband to live in the family home until he dies, but then guarantee that the house reverts to the children of your first marriage, the guide tells you how a “life estate” works. It explains what is taxable and what isn’t, and discusses how to choose executors and trustees. It lists lots of resources and concludes with an estate-planning checklist.

In general, the A.B.A. intends its guide for the person trying to put his or her affairs in order, more than for family members trying to figure out how to proceed after someone has died. But many of us will play both these parts at some point (and if you are already an executor, or have been, please tell us how that has gone, and mention your state). We’ll need this information.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Wall Street Edges Ahead


Stocks opened slightly higher on Wall Street on Friday after a trio of positive economic data points, but gains were expected to be modest.


The Standard & Poor’s 500-stock index added 0.2 percent in early trading, the Dow Jones industrial average rose 0.2 percent and the Nasdaq composite index jumped 0.4 percent.


Data showed that Chinese exports grew more than expected in January, while imports climbed 28.8 percent, highlighting robust domestic demand. German data showed a 2012 trade surplus that was the nation’s second highest in more than 60 years, an indication of the underlying strength of Europe’s biggest economy.


And U.S. data showed that the trade deficit shrank in December to $38.5 billion, its narrowest in nearly three years, indicating the economy did better in the fourth quarter than initially estimated.


The S.&P. 500 has risen for five straight weeks and is up 5.8 percent for the year. Its advance was helped by legislators in Washington averting a series of automatic spending cuts and tax increases earlier in the year, as well as better-than-expected corporate earnings and data that pointed to modest economic improvement but no immediate change in the Federal Reserve’s stimulus plans.


But the index, hovering near five-year highs, has stalled in recent days as investors await strong trading incentives to drive it further..


“The market has made a big run, a lot of this was anticipated and so now investors are saying, ‘Now what? What do we do for an encore?'” said Terry Morris, senior equity manager for National Penn Investors Trust Company in Reading, Pa. “It has made a big run and it is deserving of rest — in fact, it would probably be healthy if we had a little bit of a pullback.”


McDonald’s said that January sales at established hamburger restaurants around the world fell 1.9 percent, a steeper decline than analysts expected. Shares edged down 0.5 percent.


LinkedIn jumped 10.6 percent after announcing both blow-out quarterly profit and a bullish forecast for the new year that exceeded Wall Street’s already lofty expectations.


According to Thomson Reuters data through Thursday morning, of 317 companies in the S.&P. 500 that have reported earnings, 69 percent have exceeded analysts’ expectations, above a 62 percent average since 1994 and a 65 percent average over the past four quarters.


Fourth-quarter earnings for S.&P. 500 companies grew 5 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.


On Thursday, comments about the strength of the euro by the European Central Bank president, Mario Draghi, renewed concern about the euro zone economy and sent global equities lower. On Friday, European stock markets were mostly higher in afternoon trading, while the euro traded around $1.3394.


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New Political Uncertainty Grips Tunisia After Assassination, Reports Say


Amine Landoulsi/Associated Press


People placed flowers at the site outside his home where opposition leader Chokri Belaid was killed the day before on Thursday in Tunis.







TUNIS — New political uncertainties surfaced on Thursday in Tunisia, a day after officials moved quickly to contain the fallout from the assassination of a leading opposition figure. A plan to reshape the Islamist-led administration in favor of national unity government reportedly encountered strong resistance as protesters again demonstrated on the streets of the capital and elsewhere.




News reports on Thursday said the country’s dominant Ennahda Party had rejected the plan to dissolve the government, as proposed Wednesday by Prime Minister Hamadi Jebali.


“The prime minister did not ask the opinion of his party,” Abdelhamid Jelassi, Ennahda’s vice president was quoted as saying in news agency dispatches. “We in Ennahda believe Tunisia needs a political government now. We will continue discussions with others parties about forming a coalition government.”


The reported statement appeared to inject a new element of political tension into an already fraught and fragile situation.


Residents of Tunis said hundreds of protesters — far fewer than on Wednesday — took to the streets on Thursday while the French embassy said on its Web site it would close its schools in the capital on Friday and Saturday for fear of renewed outbursts of violence.


France is the former colonial power in Tunisia and has traditionally had a strong diplomatic presence here.


In the southern mining city of Gafsa, The Associated Press reported, citing a local radio station, riots broke out and police fired tear gas at demonstrators who threw stones at the police. The city is known as a powerful base of support for the slain politician, Chokri Belaid.


Some reports also spoke of tear gas being fired in the capital as protesters again converged on the interior ministry in what has been depicted as the worst crisis since the so-called Arab Spring first took root in Tunisia more than two years ago.


Fresh unrest loomed with the prospect on Friday of a general strike agreed by Labor leaders on the same day as the funeral of Mr. Belaid, likely to be a highly emotive event in its own right.


Additionally, Friday, the Muslim holy day, has been associated with unrest and protest since the beginning of the revolts that overthrew or challenged dictatorial regimes across the Arab world and North Africa. Mr. Belaid was one of Tunisia’s best-known human rights defenders and a fierce critic of the ruling Islamist party.


His killing placed dangerous new strains on a society struggling to reconcile its identity as a long-vaunted bastion of Arab secularism with its new role as a proving ground for one of the region’s ascendant Islamist parties.


The explosion of popular anger, which led to the death of a police officer in the capital, posed a severe challenge to Ennahda, which came to power promising a model government that blended Islamist principles with tolerant pluralism.


Mr. Belaid was shot and killed outside his home in an upscale Tunis neighborhood as he was getting into his car on Wednesday morning. The interior minister, citing witnesses, said that two unidentified gunmen had fired on Mr. Belaid, striking him with four bullets.


The killing, which analysts said was the first confirmed political assassination here since the overthrow of the autocratic leader, Zine el-Abidine Ben Ali, was a dark turn for the country that was the birthplace of the Arab uprisings of two years ago. It resonated in countries like Egypt and Libya that are struggling to contain political violence while looking to Tunisia’s turbulent but hopeful transition as a reassuring example.


“Confronting violence, radicalism and the forces of darkness is the main priority for societies if they want freedom and democracy,” Amr Hamzawy, a member of Egypt’s main secular opposition coalition, wrote on Twitter on Wednesday. “Assassinating Chokri Belaid is warning bell in Tunisia, and in Egypt, too.”


The response by Tunisian officials was being closely watched. President Moncef Marzouki cut short an overseas trip to deal with the crisis. Mr. Jebali, the prime minister, called the killing a “heinous crime against the Tunisian people, against the principles of the revolution and the values of tolerance and acceptance of the other.”


Bowing to the outrage, he said cabinet ministers would be replaced with technocrats not tied to any party until elections could be held.


The announcement, which had been expected for months, held out the promise that Tunisia might continue to avoid the political chaos that has plagued its neighbors. Since the uprising, the country has held successful elections, leading to a coalition government merging Ennahda and two center-left parties. An assembly writing the country’s constitution has circumscribed the role of Islamic law, allowing Tunisia to avoid the arguments over basic legal matters that have led to protracted unrest in Egypt.


Monica Marks reported from Tunis, Kareem Fahim from Cairo and Alan Cowell from Paris. Reporting was contributed by Mayy El Sheikh from Cairo, David D. Kirkpatrick from Antakya, Turkey, and Brian Knowlton from Washington.



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Robin Roberts set to return to 'GMA' on Feb. 20


NEW YORK (AP) — ABC News says Robin Roberts will be back on the job at the "Good Morning America" anchor desk on Feb. 20. Her return will be five months to the day since her bone marrow transplant to treat a rare blood disorder.


Roberts has gotten the all-clear from her doctors, according to the announcement made Thursday on "GMA." She reached the critical 100-day benchmark in December.


In January, she began a series of dry runs at the "GMA" studio to re-acclimate herself to the work routine.


Her last day on "GMA" was Aug. 30 before she started her medical leave.


About a year ago, Roberts began feeling the symptoms of her illness, known as MDS.


She said in a statement: "What a difference a year makes."


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Online:


http://abcnews.go.com/


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Well: Think Like a Doctor: A Confused and Terrified Patient

The Challenge: Can you solve the mystery of a middle-aged man recovering from a serious illness who suddenly becomes frightened and confused?

Every month the Diagnosis column of The New York Times Magazine asks Well readers to sift through a difficult case and solve a diagnostic riddle. Below you will find a summary of a case involving a 55-year-old man well on his way to recovering from a series of illnesses when he suddenly becomes confused and paranoid. I will provide you with the main medical notes, labs and imaging results available to the doctor who made the diagnosis.

The first reader to figure out this case will get a signed copy of my book, “Every Patient Tells a Story,” along with the satisfaction of knowing you solved a case of Sherlockian complexity. Good luck.

The Presenting Problem:

A 55-year-old man who is recovering from a devastating injury in a rehabilitation facility suddenly becomes confused, frightened and paranoid.

The Patient’s Story:

The patient, who was recovering from a terrible injury and was too weak to walk, had been found on the floor of his room at the extended care facility, raving that there were people out to get him. He was taken to the emergency room at the Waterbury Hospital in Connecticut, where he was diagnosed with a urinary tract infection and admitted to the hospital for treatment. Doctors thought his delirium was caused by the infection, but after 24 hours, despite receiving the appropriate antibiotics, the patient remained disoriented and frightened.

A Sister’s Visit:

The man’s sister came to visit him on his second day in the hospital. As she walked into the room she was immediately struck by her brother’s distress.

“Get me out of here!” the man shouted from his hospital bed. “They are coming to get me. I gotta get out of here!”

His brown eyes darted from side to side as if searching for his would-be attackers. His arms and legs shook with fear. He looked terrified.

For the past few months, the man had been in and out of the hospital, but he had been getting better — at least he had been improving the last time his sister saw him, the week before. She hurried into the bustling hallway and found a nurse. “What the hell is going on with my brother?” she demanded.

A Long Series of Illnesses:

Three months earlier, the patient had been admitted to that same hospital with delirium tremens. After years of alcohol abuse, he had suddenly stopped drinking a couple of days before, and his body was wracked by the sudden loss of the chemical he had become addicted to. He’d spent an entire week in the hospital but finally recovered. He was sent home, but he didn’t stay there for long.

The following week, when his sister hadn’t heard from him for a couple of days, she forced her way into his home. There she found him, unconscious, in the basement, at the bottom of his staircase. He had fallen, and it looked as if he may have been there for two, possibly three, days. He was close to death. Indeed, in the ambulance on the way to the hospital, his heart had stopped. Rapid action by the E.M.T.’s brought his heart back to life, and he made it to the hospital.

There the extent of the damage became clear. The man’s kidneys had stopped working, and his body chemistry was completely out of whack. He had a severe concussion. And he’d had a heart attack.

He remained in the intensive care unit for nearly three weeks, and in the hospital another two weeks. Even after these weeks of care and recovery, the toll of his injury was terrible. His kidneys were not working, so he required dialysis three times a week. He had needed a machine to help him breathe for so long that he now had to get oxygen through a hole that had been cut into his throat. His arms and legs were so weak that he could not even lift them, and because he was unable even to swallow, he had to be fed through a tube that went directly into his stomach.

Finally, after five weeks in the hospital, he was well enough to be moved to a short-term rehabilitation hospital to complete the long road to recovery. But he was still far from healthy. The laughing, swaggering, Harley-riding man his sister had known until that terrible fall seemed a distant memory, though she saw that he was slowly getting better. He had even started to smile and make jokes. He was confident, he had told her, that with a lot of hard work he could get back to normal. So was she; she knew he was tough.

Back to the Hospital:

The patient had been at the rehab facility for just over two weeks when the staff noticed a sudden change in him. He had stopped smiling and was no longer making jokes. Instead, he talked about people that no one else could see. And he was worried that they wanted to harm him. When he remained confused for a second day, they sent him to the emergency room.

You can see the records from that E.R. visit here.

The man told the E.R. doctor that he knew he was having hallucinations. He thought they had started when he had begun taking a pill to help him sleep a couple of days earlier. It seemed a reasonable explanation, since the medication was known to cause delirium in some people. The hospital psychiatrist took him off that medication and sent him back to rehab that evening with a different sleeping pill.

Back to the Hospital, Again:

Two days later, the patient was back in the emergency room. He was still seeing things that weren’t there, but now he was quite confused as well. He knew his name but couldn’t remember what day or month it was, or even what year. And he had no idea where he was, or where he had just come from.

When the medical team saw the patient after he had been admitted, he was unable to provide any useful medical history. His medical records outlined his earlier hospitalizations, and records from the nursing home filled in additional details. The patient had a history of high blood pressure, depression and alcoholism. He was on a long list of medications. And he had been confused for the past several days.

On examination, he had no fever, although a couple of hours earlier his temperature had been 100.0 degrees. His heart was racing, and his blood pressure was sky high. His arms and legs were weak and swollen. His legs were shaking, and his reflexes were very brisk. Indeed, when his ankle was flexed suddenly, it continued to jerk back and forth on its own three or four times before stopping, a phenomenon known as clonus.

His labs were unchanged from the previous visit except for his urine, which showed signs of a serious infection. A CT scan of the brain was unremarkable, as was a chest X-ray. He was started on an intravenous antibiotic to treat the infection. The thinking was that perhaps the infection was causing the patient’s confusion.

You can see the notes from that second hospital visit here.

His sister had come to visit him the next day, when he was as confused as he had ever been. He was now trembling all over and looked scared to death, terrified. He was certain he was being pursued.

That is when she confronted the nurse, demanding to know what was going on with her brother. The nurse didn’t know. No one did. His urinary tract infection was being treated with antibiotics, but he continued to have a rapid heart rate and elevated blood pressure, along with terrifying hallucinations.

Solving the Mystery:

Can you figure out why this man was so confused and tremulous? I have provided you with all the data available to the doctor who made the diagnosis. The case is not easy — that is why it is here. I’ll post the answer on Friday.


Rules and Regulations: Post your questions and diagnosis in the comments section below.. The correct answer will appear Friday on Well. The winner will be contacted. Reader comments may also appear in a coming issue of The New York Times Magazine.

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DealBook: K.K.R. Profit Rises 22% on Investment Gains

Improving markets lifted the fortunes of Kohlberg Kravis Roberts in the fourth quarter, as the investment firm reported a 22 percent rise in profit.

K.K.R. said on Thursday that it earned $347.7 million for the quarter, as all of its businesses showed strong gains. For the year, the firm reported earning $2.1 billion.

The fourth-quarter profit, reported as economic net income and which includes unrealized gains from investments, comes out to 48 cents a share. That is more than double the 20-cents-a-share average of analyst estimates compiled by Capital IQ.

Private equity firms have benefited from an improvement in the markets, which have bolstered the value of their own holdings. Last week, the Blackstone Group reported a 43 percent increase in fourth-quarter earnings.

K.K.R. said the value of its investments rose 4 percent for the quarter and 24 percent for the year.

The strongest performers among the firm’s investments included Alliance Boots, a British pharmacy chain; HCA, the giant hospital operator that went public last year; and the Nielsen Company, the media measurement company.

The improved market conditions also make selling portfolio companies a more attractive prospect, letting the firms harvest tangible returns from their investments. That was reflected in K.K.R.’s results, as it reported a nearly fourfold increase in distributable earnings for the quarter, to $546.3 million. That metric tracks how much a firm actually pays to its limited partners.

And K.K.R.’s assets under management rose 13.9 percent from the third quarter, to $75.5 billion.

The firm’s co-founders and co-chairmen, Henry R. Kravis and George R. Roberts, said in a statement that the growth of their private equity portfolio outpaced the Standard & Poor’s 500-stock index by about 7 percent last year.

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Postal Service Plans to End Saturday Delivery


Jim Wilson/The New York Times


A postal worker delivered mail in San Francisco last year.







WASHINGTON — The Postal Service is expected to announce on Wednesday morning that it will stop delivering letters and other mail on Saturdays, but continue to handle packages, a move the financially struggling agency said would save about $2 billion annually as it looks for ways to cut cost.




The agency has long sought Congressional approval to end mail delivery on Saturdays. But Congress, which continues to work on legislation to reform the agency, has resisted. It is unclear how the agency will be able to end the six-day delivery of mail without Congressional approval.


News of the move was first reported by CBS News.


The announcement, which is expected at a Wednesday morning news conference, comes as the agency continues to lose money, mainly due to a 2006 law which requires it to pay about $5.5 billion a year into a future retiree health benefit fund. Last year, for the first time, the agency defaulted on two payments after it had reached its borrowing limit from the Treasury Department. The Postal Service also continues to see a decline in mail volume as more people shift to electronic forms of communication like e-mail and online bill paying services. Packaging is one of the few areas where the agency is seeing growth.


While many business and postal unions have generally opposed ending Saturday delivery, most Americans support the move.


A New York Times/CBS News poll last year found that about 7 in 10 Americans say they would favor the change as a way to help the post office deal with billions of dollars in debt. The Postal Service continues to suffer losses of $36 million a day and is headed for projected losses of about $21 billion a year by 2016. Last year, the Postal Service had a net loss of $15.6 billion.


The American Postal Workers Union, which represents about 220,000 workers and retirees, said the plan to end six-day delivery will add to the agency’s financial problems.


“The A.P.W.U. condemns the Postal Service’s decision to eliminate Saturday mail delivery, which will only deepen the agency’s congressionally manufactured financial crisis,” said Cliff Guffey, president of the union.


This article has been revised to reflect the following correction:

Correction: February 6, 2013

An earlier version of this article misstated the news organization that first reported the Postal Service’s plans to end Saturday service. It was CBS News, not The Associated Press.



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