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Formaldehyde: A Case Study in EPA’s Failure to Protect Public Health and the Environment

According to its website, the mission of the Environmental Protection Agency is to “protect public health and the environment.” When the agency tries to do its job, it often runs into opposition led by special interests, private lobbyists, corporate apologists, and congressional representatives, all of whom have their own agenda, which has nothing to do with public health or the environment and everything to do with the millions (if not billions) of dollars made annually from their products.

The agency’s effort to regulate formaldehyde, a known human carcinogen that is commonly used in building materials found in most homes, is a classic case study in corporate influence and control of the agency’s work.

EPA began its process to regulate formaldehyde in compressed wood products in 2008, seven years ago. Its proposed rules, released for public comment on June, 2013, did not seek to ban formaldehyde, but rather to set exposure limits and establish testing standards for products sold in the U.S. Learn more about the EPA’s proposed rules for formaldehyde emissions from composite wood products.

Three times over the next two years, EPA reopened its public comment period to allow more public comment, most recently in May 2014. EPA has yet to release its final regulations with the latest timeline estimated to be sometime in the fall.

A story in the New York Times chronicled the delays in the agency’s efforts to regulate formaldehyde, a substance with clear public health risks. The article described the influence of the big furniture companies on Washington who in turn pressured EPA. It told of the actions of special interest such as the American Chemistry Council who challenged the agency’s determination that formaldehyde is a carcinogen. And it described the role of the White House Office of Management and Budget in evaluating the costs and benefits of the proposed regulation.

What gets lost in the hyperbole and grandstanding over costs and jobs is the fact that formaldehyde is a nasty chemical that is a known human carcinogen, that affects the central nervous system and that can damage the respiratory system, causing difficulty in breathing including asthma as well as eye, nose, and throat irritation. At best this proposed regulation will attempt to define an “acceptable” level of formaldehyde vapors coming off pressed-wood products, such as particleboard, plywood, and fiberboard; glues and adhesives; permanent-press fabrics; paper product coatings; and certain insulation materials.

This is EPA’s version of protecting public health and the environment, agreeing with corporate interests after a tortured “public” process to a risk assessment that defines “acceptable” levels of risk that the public has to endure while the companies continue to earn their profits. The general public that has to live with formaldehyde fumes coming off wood products is not likely to see it this way. They might prefer that the agency try to figure out how much risk it can avoid, rather than how much is “acceptable.” But then if the EPA did that, then the influence imposed by the companies who make billions every year selling formaldehyde products might not be so critical.

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BTEX and Endocrine Disruption

A new study has revealed the possible association between BTEX compounds (benzene, toluene, ethylbenzene, and xylenes) and endocrine disruption at levels way below the reference concentrations used by U.S. Environmental Protection Agency (EPA).

BTEX chemicals are volatile organic compounds (VOCs) that are used as solvents in consumer and industrial products, as gasoline additives, and as intermediates in the synthesis of organic compounds for many consumer products. As a result, they are prevalent in our environment, especially in indoor settings. The current scientific understanding of these chemicals is that they can cause skin and sensory irritation, central nervous system problems and effects on the respiratory system at acute short-term exposures; and kidney, liver and circulatory problems as well as leukemia and other forms of cancer at chronic long-term exposures.

However, this new study points to the role of BTEX chemicals in hormone disruptions, a field of study pioneered by the late Theo Colborn. In fact, Theo contributed personally to this study before her passing along with scientist from the The Endocrine Disruption Exchange (TEDX) (the international non-profit she founded) and the University of Colorado, Boulder. Although direct association can be made between endocrine disruption and BTEX exposure, this study points to the real need to examine this link more closely. Cathy Milbourn, a spokesperson for the EPA, said in an emailed response that the agency will “review the study and incorporate the findings into our work as appropriate.”

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EPA’s EJ 2020 Action Agenda

The U.S. Environmental Protection Agency has released a draft for public comment of its EJ 2020 Action Agenda (EJ 2020) Framework. This strategy document lays out its plan for continuing to address environmental justice in the context of the agency’s work. EPA is hoping to build on its EJ 2014 Action Agenda and expand that work through commitments that will continue over the next five years. EPA is seeking input on the draft EJ 2020 Action Agenda framework. The public comment period runs from April 15 to June 15. The agency is planning to conduct informational and dialogue sessions during this comment period and is encouraging the public to submit written comments. For more details, see: www.epa.gov/environmentaljustice/plan-ej/.

As described in the draft framework document, “EPA’s environmental justice efforts seek to protect the health and environment of overburdened communities, support them to take action to improve their own health and environment, and build partnerships to achieve community health and sustainability.”

The agencies goal through 2020 is to make a visible difference in overburdened communities by:

  • Deepening  environmental justice practice within EPA programs to improve the health and environment of overburdened communities;
  • Collaborating with partners to expand our impact within overburdened communities; and
  • Demonstrating progress on outcomes that matter to overburdened communities

Key elements to the EJ 2020 plan include incorporating EJ in rulemaking; considering EJ in permitting; advancing EJ through compliance and enforcement; supporting community based programs; fostering administration-wide action; and developing science and legal tools for considering environmental justice in decision-making. The framework document also includes a chart that defines the agency’s status and progress in achieving these key elements. In addition, EPA has established a one-stop informational “Resource for Communities” web portal as well as a new EJSCREEN tool that quantitatively identifies areas with potential EJ concerns by using environmental, health, demographic and enforcement indicators.

Contacts on environmental justice are included for each of the 10 EPA regions and for each of 13 major divisions within the agency such as the Office of Air and Radiation, Office of Water, Office of Research and Development, etc.

EPA will make the draft document available on April 15th on its Environmental Justice website at: www.epa.gov/environmentaljustice/ej2020/. Comments can be submitted electronically to: ejstrategy@epa.gov, or via hard copy to: Charles Lee at lee.charles@epa.gov. If you have any questions, please contact Charles Lee via email or at 202-564-2597.


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World Wide Environmental Justice Map



A terrific new resource is available to identify environmental justice (EJ) communities worldwide. The Environmental Justice Organizations, Liability, and Trade (EJOLT) has developed a worldwide interactive EJ Atlas. In an article published recently in the Guardian of London, an interactive map was published that you can click on a button and read the story about the struggle of local grassroots community based groups to address toxics waste sites, oil refineries, deforestation and much, much more.

According to the Guardian, “the EJ Atlas aims to make ecological conflicts more visible and to highlight the structural impacts of economic activities on the most vulnerable populations. It serves as a reference for scientists, journalists, teachers and a virtual space for information, networking and knowledge sharing among activists, communities and concerned citizens.”

The article goes on to say that the atlas was inspired by the work of participating Environmental Justice organizations including the World Rainforest Movement, Oilwatch International, OCMAL, the Latin American Observatory of Mining Conflicts, whose work fighting and supporting impacted communities for over 20 years has helped articulate a global movement for environmental justice. The atlas is a project of Ejolt, a European supported research project that brings together 23 organizations to catalogue and analyze ecological conflicts. The stories were entered by collaborating activists and researchers and moderated by a team at the Autonomous University of Barcelona.

“Beyond stories of disaster and degradation, the struggles documented in the atlas highlight how impacted communities are not helpless victims. These are not only defensive and reactionary battles but proactive struggles for common land, for energy and food sovereignty, for Buen Vivir, indigenous ways of life and for justice. The environment is increasingly a conduit for frustrations over the shape of capitalist development. Tracking these spaces of ecological resistance through the Environmental Justice Atlas highlights both the urgency and the potential of these movements to trigger broader transcendental movements that can confront asymmetrical power relations and move towards truly sustainable economic systems.”

Last year the U.S. portion of the Atlas went live and included the 40 most influential environmental justice cases in U.S. history as identified from a national survey of environmental justice activists, scholars, and other leaders. The survey and mapping effort were led by professors Paul Mohai and Rebecca Hardin and a group at the University of Michigan’s School of Natural Resources and Environment.

Below are links to the article and the Atlas, including a link that takes you directly to the U.S. portion.

Mapping the Global Battle to Protect Our Planet

http://www.theguardian.com/global-development-professionals-network/2015/mar/03/mapping-environmental-protest-justice-defending-land?CMP=share_btn_tw#img-1

Map of Environmental Justice Conflicts in the U.S.

http://ejatlas.org/country/united-states-of-america

Map of Environmental Justice Conflicts Worldwide

http://ejatlas.org/



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Fracking and Common Sense

Does fracking really have the potential to contaminate our country’s drinking water supply? Can a process that occurs thousands of feet below the surface really affect it? The gas and oil industry has spent millions and millions of dollars to convince regulators and the American public that fracking is safer than a Volvo. And although their millions have largely succeeded in raising debate on the issue, it only takes some common sense to see how drinking water can be contaminated by this process. Here are only a few (of the probably thousands) of the ways in which drinking water contamination may happen:

  1. 1. Fracking Fluid: Fracking fluid is a toxic soup of different chemicals that together act to prime and dissolve the shale, as well as force gas/oil towards the surface. Oil and gas companies have kept the exact contents of the fracking fluid they use a secret, claiming that it is confidential business information. However, a new ruling in the state of California has pushed companies to reveal over 200 distinct chemicals used in fracking fluids. Many of these chemicals are known carcinogens and neurotoxins such as toluene and formaldehyde. Workers can easily be exposed to these chemicals and communities surrounding drilling sites are at risk from accidental spills.
  2. Drilling: Fracking pipelines dig down to depths of over 10,000 ft. belowground. All throughout, they are encased by rings of cement or other similar materials to prevent chemicals from seeping into the drill-hole’s surrounding. How the heck can you fully encase a 10,000-foot hole that is barely a foot in diameter in cement? It’s like inserting a 10-foot paper straw into beach sand and expecting it not to break along the way. The simple logistics of it mean that there are bound to be cracks and other imperfections that will inevitably allow fracking fluid and collected gases to leech out into the surroundings. In fact, a study published by experts from Duke, Stanford, Dartmouth and the University of Rochester found direct evidence that linked groundwater contamination to faulty casings in gas wells. Other reports estimate that between 5-7% of new gas wells leak due to structural deficiencies, and that number skyrockets to 30-50% as they age.
  3. Wastewater: Wastewater, or “produced water” as the industry calls it, is the byproduct of fracking. It contains the mix of chemicals found in fracking fluid as well as other naturally occurring contaminants from groundwater that are washed out of the fracked shale. This wastewater is then either re-injected into the ground to help force more oil to the surface, heated to make steam and injected to soften heavy oil deposits, stored in surface reservoirs, or most of it is injected underground. Here is where it does it’s damage. Trucks carrying wastewater oftentimes leak it out as they transport it, storage ponds are notoriously porous and injection wells suffer from the same structural problems as gas wells. In short, wastewater will likely find it’s way out and into our groundwater reserves.

There are many, many more ways in which groundwater may be contaminated by fracking. The vast amounts of money spent by industry have led some people to believe the lie that it is a safe and clean technology, but we only need to use our common sense to see just how it can take away one of our most prized resources.

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Chemical Exposures and Health Care Costs

A new economic analysis has concluded that exposure to endocrine-disrupting chemicals likely costs the European Union €157 billion ($209 billion U.S.) a year in actual health care expenses and lost earning potential, according to a new series of studies published in the Endocrine Society’s Journal of Clinical Endocrinology and Metabolism.

A total of four papers were published (overview, neurobehavioral, male reproduction and obesity & diabetes) that focused on specific health conditions that can partly be attributed to endocrine-disrupting chemical (EDC) exposure. These included infertility and male reproductive dysfunction, birth defects, obesity, diabetes, cardiovascular disease and neurobehavioural and learning disorders. A team of eighteen researchers from eight countries led by Leonardo Trasande, Associate Professor of Pediatrics, Environmental Medicine & Population Health at NYU Medical Center, were involved in this landmark initiative.

EDCs interfere with numerous hormone functions and are commonly found in thousands of household products including plastics made with vinyl, electronics, pesticides, and cosmetics.

The overview paper concluded that “EDC exposures in the EU are likely to contribute substantially to disease and dysfunction across the life course with costs in the hundreds of billions per year. These estimates represent only those EDCs with the highest probability of causation; a broader analysis would have produced greater estimates of burden of disease and costs.”

The papers were prepared in conjunction with an evaluation being done by the EU Commission of the economic impact to industry of regulating EDCs in Europe. According to the authors, “Our goal here is to estimate the health and economic benefit of regulating EDCs in Europe, based on current evidence.”

The expert panels put together for this analysis “achieved consensus for probable (20%) EDC causation for IQ loss and associated intellectual disability, autism, attention-deficit hyperactivity disorder, childhood obesity, adult obesity, adult diabetes, cryptorchidism, male infertility, and mortality associated with reduced T.”

“The analysis demonstrates just how staggering the cost of widespread endocrine-disrupting chemical exposure is to society,” said Leonardo Trasande, the lead author in a press statement released by the Endocrine Society. “This research crystalizes more than three decades of lab and population-based studies of endocrine-disrupting chemicals in the EU.”

The press release goes on to say:

“In the EU, researchers found the biggest cost driver was loss of IQ and intellectual disabilities caused by prenatal exposure to pesticides containing organophosphates. The study estimated the harm done to unborn children costs society between €46.8 billion and €195 billion a year. About 13 million lost IQ points and 59,300 additional cases of intellectual disability per year can be attributed to organophosphate exposure.

“Adult obesity linked to phthalate exposure generated the second-highest total, with estimated costs of €15.6 billion a year.

“Our findings show that limiting exposure to the most common and hazardous endocrine-disrupting chemicals is likely to yield significant economic benefits,” said one of the study’s authors, Philippe Grandjean, MD, PhD, Professor of Environmental Medicine at the University of Southern Denmark and Adjunct Professor at the Harvard T.H. Chan School of Public Health. “This approach has the potential to inform decision-making in the environmental health arena. We are hoping to bring the latest endocrine science to the attention of policymakers as they weigh how to regulate these toxic chemicals.”

The impact of this paper is staggering. It should be a “wake up call” said Linda Birnbaum, Director of the U.S. National Institute for Environmental Health Sciences when asked about the results. It also provides more evidence that low level exposure to chemicals found in everyday household products is affecting the health of many people not just in the Europe, but worldwide.

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Ted Glick: It’s Time to Seize the Moment and Ratchet Up the Pressure

For the third time in less than two years, I met yesterday with the chair of FERC, the Federal Energy Regulatory Commission. I was not alone. With me from the “good guys” side were Tracey Eno, leader of Calvert Citizens for a Healthy Community in Cove Point, Maryland; Jocelyn D’Ambrosio of Earthjustice and; via phone because her plane arrived late due to weather, Sandra Steingraber from href=”http://www.wearesenecalake.com/” target=”_blank”>We Are Seneca Lake.

On the “power” side were FERC chair Cheryl LaFleur and literally eight other FERC staff from various parts of their bureaucracy.

More than 2,000 climate justice activists assembled for a rally and march—in Washington, DC at The National Mall on July 13, 2014—to the Federal Energy Regulatory Commission in opposition to the expansion of a natural gas transfer and storage facility at Cove Point on the western shore of the Chesapeake Bay. Photo credit: Stephen Melkisethian/Flicr

My first time meeting with the then-FERC Chair Jon Wellinghoff was in May of 2013. The second time was last June with Cheryl LaFleur. In both cases, as was true of this one, the meetings happened after I and others had gone to one of FERC’s monthly commissioners’ meetings and made our presence felt.

A month ago, after going to FERC with representatives of Green America for a meeting they had set up with Commissioner Phillip Moeller, I was “banned,” the security guard’s word, from the FERC building, escorted out of the meeting room on the 11th floor we had been taken to just as the meeting was about to start. However, several hours later, after contacting someone I knew in the press, I got a call from the executive director of FERC apologizing and telling me I was not banned.

The meeting yesterday was requested just before my temporary banishment. It was requested on behalf of Beyond Extreme Energy, which has been ratcheting up the pressure and putting a public spotlight on the many serious problems with the way FERC works. Robert F. Kennedy, Jr. has called it “a rogue agency.”

What was our hope in requesting the meeting? Our hope, slim as we knew it to be, was that perhaps in the context of a “civilized” sit-down in this way, we could see some signs that the campaign that has been building over the last couple of years to make FERC work for the people and not the fossil fuel industry has had some impact.

There was little sign of that yesterday. After we raised our well-reasoned criticisms of FERC, their rubber-stamping of proposed gas infrastructure expansion projects, their minimal efforts to prioritize wind and solar technologies, they didn’t have much to say. After we pushed it, LaFleur did reference some rule changes they had made to make it easier for those technologies to become part of the electrical grid, and another person did want to know more of our thinking about what they should be doing in the area of renewables. But as Steingraber said afterwards, LaFleur’s main response was to say, in effect, “We’re trying to take it in, we are listening,” little more.

The one exception to this was in the area of FERC’s processes—their website, the meetings they set up and how they deal with administrative appeals after granting a permit for gas infrastructure expansion. There was a bit more, not much, back and forth with FERC staff in these areas. Perhaps, over time, we will see some modifications. Time will tell.

The meeting made crystal clear that we need to sieze the time and ratchet up the pressure. Fortunately, Beyond Extreme Energy is doing so, moving forward with its week-plus of action at FERC from May 21-29. That’s when our growing movement can show our power and speak the truth in powerful ways to those using theirs wrongly. Our children and grandchildren are calling upon us to step it up right now!

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Why The West VA Oil Spill Will Not Be The Last

A ball of fire engulfed the town of Mount Carbon West Virginia. In a freaky déjà vu moment reminiscent of the events of April of last year in Lynchburg VA, a train hauling more than 100 tankers derailed during a snowstorm on Monday in West Virginia. Just like last year, the train operator was CSX. Just like last year, a local river was contaminated. And just like last year, the train was carrying crude oil from the increasingly fracked Bakken formation in North Dakota.

These moments of déjà vu are increasingly becoming common. In a 10 month period from March 2013 to January 2014, 10 major crude oil spills occurred due to train accidents. In the last week alone, two major oil railcar incidents made headlines – one being the incident in West VA and the other a similar accident in Ontario, Canada.

Why is all this happening? Simple. Oil and gas production has increased exponentially in the past few years mainly due to the fracking boom that has taken over the country. The amount of oil being transported through rail has increased from 9,500 carloads in 2008, to over 400,000 in 2013 according to the Association of American Railroads; and 2014 figures are expected to far surpass this number. More oil equals more trains – and more trains equal more accidents.

The oil and gas industry has spent millions of dollars to convince the nation that fracking is safe and environmentally friendly. Its several potential dangers, from groundwater contamination and exhaustion to public health and social issues, are unquestionable truths that are clouded in the eyes of the public by constant streams of money from the industry. Now, the increase in railroad accidents, like the Mount Carbon spill, are a new threat to add to the long list of hazards due to fracking. And as this new danger gains more media attention, the oil and gas industry will be the reason why this oil spill will not be the last.

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SAN Trimer: The hidden killer behind the Reich Farm Superfund Site

Styrene-acrylonitrile trimer. It sounds like some sort of noxious mega-rocket fuel that Wile E. Coyote used to power his Acme rockets as he tried to take the Roadrunner down. Turns out styrene-acrylonitrile trimer, or SAN trimer for short, is not so far from being just that as the residents of Toms River, NJ painfully and tragically found out.

SAN trimer is a compound set of similar semi-volatile chemicals that are formed during the production of acrylonitrile styrene plastics. This compound is relatively new to modern toxicology, having been studied in depth only within the past decade and a half. As a result, its toxicological properties remain poorly understood – and the residents of Toms River and its surrounding areas paid the price for our lack of understanding and, most importantly, our carelessness.

In 1971 a waste hauler working for Union Carbide improperly disposed of drums containing toxic solvents on a section of the three-acre Reich Farm property in Toms River leading to massive soil and groundwater contamination with volatile organic compounds such as trichloroethylene (TCE) and perchloroethylene (PCE). Consequently, the New Jersey Department of Environmental Protection and USEPA worked to address the site’s contamination, introducing it into the National Priorities List in 1983, developing a cleanup plan in 1988 and culminating the soil portion in 1995 (groundwater treatment was ongoing).

However, the SAN trimer lay hidden in the groundwater undisturbed by the treatment system – silently eating away at the health of the local residents. In 1996, significantly elevated rates of certain childhood cancers were found in the Toms River area. A staggering total of 90 cases of childhood cancer were reported from 1979-1995. New Jersey authorities were baffled by this and frantically looked for possible causes. Finally, with the help of the U.S. Agency for Toxic Substances and Disease Registry, they found a possible culprit as high concentrations of the SAN trimer in groundwater surrounding the Reich Farm Superfund Site were detected. Despite having practically zero understanding of the toxicity of SAN trimer, this find led to an update in the groundwater treatment system designed to remove the SAN trimer. Simultaneously, the National Toxicology Program was asked to conduct studies on the SAN Trimer to determine its health effects, and they completed their review in 2012.

The results concluded that the SAN trimer has potential to cause peripheral nerve degeneration, bone marrow hyperplasia and urinary bladder hyperplasia, while also concluding that it has no carcinogenic effects. However, the study consisted of 7 week, 18 week, and 2 year reviews of rats exposed to the SAN trimer as well as bacterial assays. These studies were quite limited and simply underscore our incomplete knowledge of SAN trimer toxicity. Furthermore, although not statistically significant, dose-related increases in DNA damage in brain and liver cells of test rats were observed pointing the way towards a possible association with cancer.

What is clear is that the SAN trimer is one of many new chemicals whose toxicity we simply do not understand. The reality is that it was present for nearly 20 years at the Reich Farm Superfund Site, and it ate up the lives of the children living there. Now, over 35 years since the site became contaminated, EPA held a public meeting in Toms River last Friday to explain how the SAN trimer is not responsible for the cancer cluster that devoured so many lives. And what are they basing this assessment on? On the lie they tell themselves and the rest of the public – that we understand how the SAN trimer works on our bodies, and that this hidden killer is not responsible for ruining 90 lives.

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Health Effects of Fracking – New Evidence

The evidence linking adverse health effects and exposure to chemicals generated during the natural gas extraction process of hydraulic fracturing (also known as fracking) continues to mount. The latest evidence, published in the journal Environmental Health Perspectives, found that people living near natural gas wells may be at increased risk for adverse health impacts including respiratory and skin conditions. The study examined nearly 500 people in 180 households in Washington County, PA, home to some of the most intense fracking activities in the U.S. The authors found that residents who lived less than a kilometer (about 2/3 of a mile) from a gas well reported more adverse health symptoms than residents who lived more than 2 kilometers from a gas well (about a mile and a third). Residents living less than a kilometer from a gas well were also more likely to report skin conditions during the past year as well as upper respiratory symptoms. The effects did not go away when adjusted for potential confounding variables including age, cigarette smoking, education level and occupation. The study did not find an association between proximity to a natural gas well and increased cardiac, neurological or gastrointestinal symptoms. According to the author, this study is the largest to examine general health conditions among people living near fracking sites.

Researchers from Yale University, the University of Washington and Colorado State University collected their data by going door-to-door and asking people to participate in a general health study. The authors followed the study participants for two years from 2012 to 2014. They did not tell people that the study was looking at the adverse health effects of fracking. The authors hoped this approach would reduce the potential for bias in people reporting the results. There are plans for an even longer term study.

The authors concluded that “airborne irritant exposures related to natural gas extraction activities could be playing a role. Such irritant exposures could result from a number of activities related to natural gas drilling, including flaring of gas wells and exhaust from diesel equipment.” According to the authors, the results underscores the need for ongoing health monitoring of people living near natural gas extraction activities in order to better understand the potential health risks. “We’re at a stage in which we know enough to recommend prudent precaution and exposure reduction,” stated Peter Rabinowitz, one of the co-authors, from the University of Washington.

To read the full paper, click here.