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Washington State to Regulate PFAS Under State Superfund

Washington State recently announced that PFAS are “hazardous substances” regulated under the State’s environmental cleanup laws. The Department of Ecology (“Ecology”) announced its decision online stating that, because “PFAS compounds all have multiple carbon-fluorine bonds,” such “forever chemicals” are already within the State’s existing definition of hazardous substances.[i] Ecology went on to say that releases of PFAS that may threaten human health or the environment in any media must be reported to State regulators, followed by site assessment and, potentially, cleanup. The agency did not define what specific levels would trigger reporting.[ii] That judgment appears to be left to the entity doing the reporting. In doing so, Washington became perhaps the first state in the country to define PFAS in a way that could construe the entire class of PFAS compounds as hazardous substances in a regulatory context.
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Photo credit: Dmitry Buber

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Another Community Left Behind: Santa Ana’s Lead Crisis

By: Emily Nguyen, CHEJ Science & Technical Fellow
There is no such thing as a natural disaster. This is one of the most valuable lessons I’ve learned in my academic career. While this phrase may be referring to droughts, hurricanes, and the like, its message is equally relevant to communities that have lived with toxic pollution for decades. Disasters and crises don’t decide who lives and who dies, society does. This has nothing to do with chance, but everything to do with ethnicity, race, and socioeconomic status. Similarly, who gets to live in a house with lead-based paint and who doesn’t is dictated by generations of racist environmental and housing policies. There’s nothing “natural” about that.
In California’s Santa Ana community, low-income and Latino families have been disproportionately impacted by soil lead contamination for decades. Despite leaded gasoline and lead-based paint being banned over the past 25-40 years, their toxic effects continue to plague predominantly minority communities.
Studies have shown that Latino and low-income children are among the most at risk of high blood lead levels, due to disproportionate lead exposures from living in older lead-contaminated homes, urban areas, and near industrial contamination sites. The developmental consequences of these toxic inequalities are most evident in the academic achievement gaps of Latino children compared to their white peers in the Nation’s Report Card.
In Santa Ana, a recent University of California Irvine (UC Irvine) study found that over 50% of the 1,500 soil samples gathered from residential homes were above what the California Environmental Protection Agency (EPA) deems safe (80 ppm). Researchers also estimated that 12,000 kids within these neighborhoods have been exposed to lead concentrations exceeding the US EPA’s 400 ppm federal limit for children’s residential play areas. Furthermore, neighborhoods with average median household incomes under $50,000 showed lead soil samples levels 440% higher than areas with median household incomes above $100,000.
As UC Irvine historian Juan Manuel Rubio asserts, Santa Ana’s rampant racial disparities in lead contamination are nothing short of a “manufactured crisis”; in other words, something that could have easily been prevented. Instead, decades of systemic racism in housing policies, coupled with crumbling infrastructure and aging housing stock have left residents with few options but to bear the consequences of a system rigged against them.
The first step towards effecting meaningful change for these vulnerable communities is recognizing and addressing the existing social inequalities that rendered them vulnerable in the first place. Much like natural disasters, these victims aren’t randomly selected. Every day, these individuals are chosen because of their location, economic conditions, and lack of sociopolitical power. They suffer and endure these crises because of deliberate decisions made by society. So, thousands of minority families in Santa Ana being subject to decades of toxic soil is anything but “natural.”
Photo Credit: Daniel A. Anderson/Grist
 

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EPA Releases PFAS Strategic Roadmap

On October 18, 2021, EPA Administrator Michael S. Regan announced the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (Roadmap). The Roadmap is intended to be a comprehensive approach to confronting PFAS contamination nationwide. Among many other efforts, the Roadmap includes the following planned actions:
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EPA Releases Updated 2020 TRI Data

Today, EPA has made available updated 2020 Toxics Release Inventory (TRI) data about chemical releases, chemical waste management, and pollution prevention activities that took place during 2020 at more than 21,000 federal and industrial facilities throughout the United States and its territories. This dataset builds on the preliminary data released in July. It includes revised and late submissions from facilities, and additional data quality checks by EPA.
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How Chemical Companies Avoid Paying for Pollution

FAYETTEVILLE, N.C. — One humid day this summer, Brian Long, a senior executive at the chemical company Chemours, took a reporter on a tour of the Fayetteville Works factory.

Mr. Long showed off the plant’s new antipollution technologies, designed to stop a chemical called GenX from pouring into the Cape Fear River, escaping into the air and seeping into the ground water.

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Photo credit: Ed Kashi/New York Times

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Get ready for a resurrection of the Superfund tax

The Superfund is on its way back.
Originally enacted in 1980 as the Hazardous Waste Contamination Act, the Superfund was an excise tax assessed against the chemical, oil and gas industries, according to John Beaty, general manager over excise tax at Avalara. “It hit anyone who used items from a certain list of chemicals that could potentially lead to contaminated sites,” he said.
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Photo credit: Accounting Today

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It’s Children’s Environmental Health Day!

Learn more information and take action here.

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How We Do Science Can Make or Break Lives

By Anabelle Farnham, Communications Intern
October 13, 2021
Ever since I can remember, I enjoyed science in school because it helped me to explain the world with concrete answers. It was a way of illuminating universal truths, and providing objective views of the world….right? 
Though I have abandoned all hope of becoming a STEM major, since coming to college I have classes that challenge the ways I think about science and the weight I put into the answers “science” provides.
Most recently, I learned about something called the Threshold Theory that made me think of CHEJ. The Threshold Theory originates from Earle B. Phelps and H. W. Streeter, two engineers who developed this theory while working in the Ohio River and published it in 1958. The theory goes like this: nature, in this case a river or body of water, has the ability to absorb contamination up to a certain point. It is after this tipping point that we consider harm is being done and the “contamination” become “pollution.” This tipping point, the point when water/nature is unable to purify itself and the contamination we are putting into it becomes harmful, has been coined “assimilative capacity.”
I had not realized until reading about this theory how much I used the assumption of assimilative capacity in my life. It can not only apply to the way we consider land, but also how we consider our bodies. The EPA has set limits on many chemicals and the concentrations at which they can be released into the environment, operating under the assumption that both the environment and people’s bodies can absorb toxicity up until a certain point. 
Under this theory, the question we ask is: what is this tipping point of chemicals at which we are causing harm? However, this question assumes that all chemicals follow the same model of the Threshold Theory when this theory cannot be universally applied. 
For example, certain chemicals, such as those categorized as “endocrine disruptors” do not fit into the Threshold Theory. These chemicals can mimic our hormones, which constitute a delicate balance in our body, and can send big signals with small changes. In the case of these chemicals, a small amount can be more harmful than a large one because our body is unable to detect the difference between an endocrine disruptor or a hormone. Chemicals like these defy the Threshold Theory. 
Learning about the Threshold Theory has made me reflect more on what truths I take as givens and when these assumptions might be blinding me to something bigger. It’s not that I used to think all science is good and now I think all science is flawed; it’s that I know more clearly that the questions we ask are going to determine the answers we find. Science is a tool that we can use to help each other live healthy, full, abundant lives, but the assumptions we bring into our scientific studies will create limits for how useful science can be. It really comes down to a very basic but powerful question: What stories will we use science to help us tell?
 
Inspiration for this blog comes from Max Liboiron’s book Pollution is Colonialism, which I highly recommend if you are interested in thinking more about the way methodologies in science have the power to create or minimize harm and violence in the world.
See also A Study of the Pollution and Natural Purification of the Ohio River by Streeter and Phelps for more on the origins of the Threshold Theory
Photo Credit: David Howell/Quebec Science. Max Liboiron is an indigenous Canadian scientist who does work on plastics pollution on the island of Newfoundland. 
 

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Eastern Baltimore County may get its third Superfund site.

The Environmental Protection Agency is considering adding a portion of Bear Creek in Eastern Baltimore County to its list of Superfund cleanup sites. It’s tied to the years-long cleanup of the old Bethlehem Steel site at Sparrows Point.
The state is spearheading the cleanup of the property while the federal government is charged with cleaning up the water around it, which includes Bear Creek.
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Photo credit: Nikki Davis

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A 30-Year “Cleanup” Without A Solution

Cancer-Causing Waste Along The Texas Eastern Pipeline in Pennsylvania Still Exists
By: Sharon Franklin, Chief of Operations
Jim Ryan of the Perry County Times recently reported that it has been over 30 years since the public first learned that the Texas Eastern Transmission Corporation in Pennsylvania buried industrial fluids containing the carcinogen polychlorinated biphenyls (PCBs) along the natural gas line, which could represent thousands of tons of contaminated soil.
Unfortunately, the PCBs still have not been fully cleaned up and there isn’t an estimate for when that will be completed. Max Bergeron, a spokesperson for Enbridge, the owner of the Texas Eastern gas pipeline, stated, “We have undertaken PCB remediation efforts at (the Shermans Dale) facility in accordance with applicable regulations and are committed to continuing efforts supporting the health and safety of the communities in which we live and work.” However, according to the state of Pennsylvania’s Department of Environmental Protection (DEP), Enbridge is supposed to conduct PCB cleanups as it makes updates to its facilities, and that companies that previously owned the Texas Eastern pipeline were supposed to do the same, but did not completely remove all the PCB-contaminated soil. 
It has been confirmed that there are nineteen Texas Eastern PCB waste sites across Pennsylvania, according to DEP. When Bergeron was asked about how much PCB soil was removed and how much cleanup was left to do along the Texas Eastern line in Pennsylvania, he did not specifically answer those questions. 
 Why is this being reported now?  It is being reported now because it is the 30th anniversary of the 1991 Texas Eastern PCB settlement, but work on the natural gas pipeline has been ongoing in central Pennsylvania for several years. It came to the attention of the Perry County Times when a resident asked about regulatory violations at the Shermans Dale facility. They found the alleged violations on EPA’s website where it was noted the Shermans Dale Texas Eastern site had three violations in less than a year, including what appeared to be effluent runoff and emissions violations. However, EPA found no violations in their records, and Pennsylvania’s DEP said they were generated in error.
EPA spokesman Roy Seneca said in a May email that “We checked with our Water and (Resource Conservation and Recovery Act) enforcement staff and they are not aware of any direct EPA involvement with these events.  They believe this was likely handled by the state.” Pennsylvania DEP stated that the incidents only appeared as violations because of a glitch in how data is uploaded to the EPA website.  Sometimes if a large batch of data is uploaded, it can trigger paper violations in error. But the permit for Texas Eastern Shermands Dale under the National Pollutant Discharge Elimination System (NPDES) had no violations attached to it. “The records we have regionally and downtown don’t show violations,” John Repetz, Local Government Liaison, said, referring to DEP’s records in Harrisburg.
There are many other communities throughout the country that are facing issues such as these. While EPA says it should have been handled by the state, the state says something like it was an uploaded data issue to the EPA site, therefore it wasn’t a violation.  This leaves communities along the Pipeline asking Why is there still cancer-causing waste along the Pennsylvania Texas Eastern Pipeline after 30 years and a settlement to cleanup PCBs in contaminated soil?
Photo Credit: Jim T. Ryan/Perry County Times