The threats that toxic waste sites pose to human and environmental health are serious and urgent, and research done on Superfund site cleanup has shown that proper cleanup can mitigate the risk of serious health issues and help revitalize ailing local economies.
However, the program went bankrupt after the Polluter Pays Fees expired in 1995. With limited funds the program has limped along for decades. Today we have a chance to pass legislation that would reinstate the polluters pays fees and protect public health and the environment through a robust clean-up plan.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly known as Superfund, was passed in 1980 in response to the Love Canal disaster in New York and the Valley of the Drums in Kentucky, with the ultimate purpose of addressing the serious threat to public health that toxic waste sites pose via cleanup of the sites; the entity responsible for seeing out this purpose is the Environmental Protection Agency (EPA). There are three main ways in which cleanup can occur: (1) the party responsible for pollution is identified and then tasked with cleaning up the site, (2) the EPA cleans up the site using money from the established trust fund and then recovers the cost incurred from cleanup from the responsible party, and (3) in orphan sites – sites where the responsible party no longer exists or has been found to no longer be liable – the EPA pays for the cost using money from the established trust fund.
When CERCLA was initially enacted, this aforementioned trust fund was created using money collected from Polluter Pays Taxes – taxes that were imposed on oil and chemical companies. In 1995, Congress allowed these taxes to expire. As a result of this expiration, this trust fund (that had at one point generated almost $2 million per year between 1993 and 1995) was completely deplete of funds by 2003. Without Polluter Pays Taxes, the Superfund program has fallen into a financial shortage and become less effective at cleaning up sites. Additionally, the program has become reliant on taxpayer dollars for funding, with the GAO reporting that 80% of Superfund costs were funded by general revenue between 1999 and 2013.
This same GAO report also outlines the ways in which the Superfund program has suffered since the fund ran out of Polluter Pays Tax money. Between 1999 and 2003, there has been a 37% decline in number of remedial action completions, an 84% decline in number of construction completions, and a significant increase in time taken to complete each project (from 2.6 years to 4 years). Based on these findings, not only are taxpayers now paying for the Superfund program, but they are paying for a less efficient Superfund program.
This program is essential to cleaning up contaminated land and mitigating exposure to toxicants, and while Scott Pruitt’s EPA has made clear that they would like to give more focus to Superfund, it’s difficult to give the Superfund program the true attention it needs without proper financial backing. Many legislators have attempted to introduce bills that would reinstate Polluter Pays Taxes, however these attempts have been so far unsuccessful. The most recent attempt made by Senator Cory Booker (D-NJ), entitled the Superfund Polluter Pays Restoration Act of 2017, would reinstate and raise the Hazardous Substance Superfund financing rate; no actions have been taken on this bill since its introduction.
It is urgent that everyone calls their legislators and ask them to support the Superfund program. Please take a moment today to contact your representatives and ask them to sign onto Senator Booker’s Superfund Polluter Pays Restoration Act of 2017 (S. 2198).
Category: Backyard Talk
CHEJ Blog
Get Lead out of Water Now!
It is the law that we send our children to school, if we don’t we can be arrested, but there is no law that protects our children from drinking water contaminated with lead while at school. Dating back early 1970’s and the first major lead-based paint legislation that addressed lead-based paint in federal housing not a lot of attention has been paid to our children’s schools. Even though extensive and compelling evidence now indicates that lead-associated cognitive deficits and behavioral problems can occur at blood lead concentrations below 5 μg/dL (50 ppb). In 2012, the US National Toxicology Program of the National Institutes of Health reported that, after other risk factors are accounted for, blood lead concentrations
We as parents would never knowingly allow our children to drink water contaminated with lead or any other contaminants, so why should we accept that some of our schools are indeed allowing this to happen? We understand that it will cost billions to bring our antique infrastructure to a point where we feel comfortable allowing our children to drink from a drinking fountain or eat food that has been made using contaminated water while at school. There can be nothing more important that our children and their intellectual future. Have we exposed children to the side effects of medication used for behavior problems but allow lead contamination in their drinking water?
There is no safe level of lead in our children’s water; our children deserve better than what our government has done so far on this issue. While the fight continues between our legislators, our nation’s children continue to go to schools with high lead levels in their drinking water. Call your legislators and tell them to correct this problem NOW!
Something in the Water?
Water is the most fundamental unit of life, necessary for the survival of every organism on earth. Despite the importance of this essential molecule, water resources across the United States are not treated with the appropriate level of care and precaution to protect public health.
As one of the most wealthy and powerful countries in the world, with access to the most advanced technology in existence, it is reasonable to assume that the US would be able to provide all its citizens with safe, healthy drinking water. Events like the tragic water crisis in Flint, Michigan should be just an isolated outlier, an ultra-rare disaster in a system that otherwise takes every action possible to minimize exposure to toxic contaminants. Unfortunately, this is not the case, and throughout the country lead-contaminated drinking water is afflicting communities both large and small.
Major metropolitan areas such as Chicago, that required lead plumbing be used up until it was federally banned in 1986, still struggle with these issues, with a recent Chicago Tribune article citing over a hundred homes with lead levels exceeding the EPA’s 15 ppb action level. The issue is often even more pressing for smaller communities that may lack the funding to comprehensively address these water quality issues.
In a 2018 article from the New York Times, Maura Allaire, a University of California, Irvine assistant professor argues that smaller communities often “fly under the radar”, suffering from atrophied infrastructure and challenged to meet water quality and treatment standards. That same article cites research showing that in the year of 2015 only, up to 21,000,000 US citizens were at risk of exposure to dangerous lead levels.
Lead ingestion endangers most systems of the human body and can lead to kidney issues, reproductive problems, brain damage, and ultimately death. No amount of lead exposure is safe for humans, and even below the action level of 15 ppb set by the EPA, human health issues can occur, especially for pregnant women and children under the age of 6. At such critical stages of physical and mental development lead is even more hazardous, and the American Academy of Pediatrics recommends water below 1 ppb lead for young children.
Given the severity and pervasiveness of the issue, it would seem common-sense to protect America’s kids from lead poisoning. Only 7 states, however, require that schools even test for lead in their drinking water (California, New York, New Jersey, Minnesota, Maryland, Illinois and Virginia). While CHEJ is currently working to address this obvious political failure, there’s something that everyone can do. H.R. 5833, or the Get the Lead Out of Schools Act of 2017 is currently awaiting a decision in the House of Representatives. If you want to protect people from exposure to hazardous chemicals such as lead, contact your local representative and demand that they focus on this issue, and do their part to guarantee the safety of American children.
Take action and contact your representative to act on the Get the Lead of Schools Act.
It can be difficult at times to clearly identify the environmental goals and directives of Scott Pruitt’s EPA, but one clear directive of the administration is to advance the Superfund program. At the EPA, Superfund is administered by the Office of Land and Emergency Management. The office also oversees the regulation of hazardous waste, brownfields, and waste management. Clearly, the Office of Land and Emergency Management is of the utmost importance to CHEJ because it administers Superfund, the program which Lois Gibbs helped develop.
The Office of Land and Emergency Management has been led by Albert Kelly until his resignation earlier this month. Kelly resigned amid controversies over his banking past. Kelly was reportedly was banned from banking for life by the FDIC. Given his career history as a banker, many were skeptical of how Kelly would handle the administration of the Superfund program when he was nominated last year. Despite skepticism, Kelly proved to be a competent and considerate administrator.
Kelly worked closely with many within CHEJ’s network to clean up communities. When Kelly announced his resignation, Dawn Chapman, founder of Just Moms STL said, “I’m pretty heartbroken today, I only know what this guy was doing for our community. I saw a man that had real compassion.” Chapman had been working with Kelly to get federal funding to clean up and evacuate the West Lake Landfill. Kelly brought transparency, action, and openness to the Superfund program. During his tenure, Kelly sought to bring action and movement to sites that have been dormant for too long.
Yesterday, it was announced that Steven Cook will replace Kelly as chair of the Superfund task force. Cook like Kelly, lacks experience in the environmental field, but this wasn’t detrimental for Kelly as he quickly learned how to work with communities to enact real change. Before the EPA, Cook served as senior counsel for LyondellBasell, self-described as “one of the largest plastics, chemicals, and refining companies in the world.” Regardless of Cook’s previous work experience, he is now overseeing a program that requires polluters to pay for their damage to harmed communities.
What CHEJ will look for from Cook as he enters his new position as chair of the Superfund task force:
- Action– We want to see real and meaningful action within the Superfund Program.
- Openness– Follow in the footsteps of Kelly and gather input from all sides.
- Listening– Hear from the communities that are being directly affected by the toxins in their backyard.
- Put people over industry– Human lives are infinitely more valuable than any cooperate dollar. Put the people and their communities before polluting corporations.
CHEJ wishes Steven Cook the best of luck in administering the Superfund program, but we will be watching to see what type of administrator he will be.
The governor in Virginia, North Carolina, West Virginia are whining about how they would stop the Mountain Valley or Atlantic Coast pipelines if they could. . . but they can’t. Their hands are tied. It’s a lie and they know it.
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Of course, they can stop a pipeline and the U.S. Supreme Court just ruled they can – again. On April 30, 2018 the U.S. Supreme Court rejected Constitution Pipeline Co’s bid to challenge New York state’s refusal to issue a needed water permit for their project; a proposed natural gas pipeline running from Pennsylvania to New York.
Partners in the 125-mile Constitution pipeline includes Williams Cos Inc, Duke Energy Corp, WGL Holdings Inc and Cabot Oil & Gas Corp.
While the Governors whine, the citizens take a stand. Theresa Red Terry and her daughter have been living in a tree platform for four weeks. They have been enduring snowstorms, bitter cold, heavy winds and torrential rains. The land was granted to Theresa’s husbands family by the King of England in Colonial times. (Photo credit borneobulletin.com.bn)
Police are charging the Terrys with trespassing on their own land. Waiting at the base of the trees are police ready to grab them when they come down. Food and water is no longer allowed to be provided to either woman.
A company (EQT) is seeking eminent domain to seize a 125-foot-wide easement from the family. EQT has successfully petitioned for a “right to early entry” for tree felling. The company wants the court to levy stiff fines or get federal marshals to bring them down. The judge has ordered the Terrys to appear in court. She’s not leaving the tree to go to court.
Equally disturbing, EQT will locate the noisy polluting compressor station in Union Hill, VA a historical African American community. A former “Slave Cemetery” is located in the path for destruction.
The Terry family is not alone. Property rights advocates, environmentalists and faith leaders to name a few are standing with them. But time, food and water are running out.
Virginia’s governor Northam, has the authority to protect clean water and his Department of Environmental Quality can halt pipeline construction if standards have not been met, based on a law he signed this year.
However, his own Virginia Department of Environmental Quality (DEQ) has deferred to the Trump administration’s misuse of a “nationwide” Clean Water Act permit allowing the pipelines to alter more than 1,000 streams and rivers.
The governor could make one phone call to his DEQ director and halt the project. But he has not. Instead the “salt of the earth” American family will go to court and maybe jail for defending their rights to their land, trees and environment. [/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
The Superfund program has long lacked the funding required to remediate the hundreds of languishing sites that continue to endanger communities across the country. Scott Pruitt’s answer to this dilemma? Promoting redevelopment.
At face value, incentivizing the cleanup of contaminated land through redevelopment seems to be a win-win solution that protects human health and revitalizes the economies of local communities. However, there are many reasons to be skeptical of Pruitt’s strategies to achieve this outcome.
On July 25, 2017, the EPA published its most recent Superfund taskforce report. Lois Gibbs, Love Canal community leader and ‘Mother of Superfund’, was concerned by the report’s focus on redevelopment:
“Scott Pruitt’s Superfund Task Force Report almost entirely void of public health concerns. In fact, the report only mentions health six times with four of those in the Executive Summary. The report sounds like a blueprint to involve for bankers, investors and developers and a plan for corporations to reduce cleanup costs and increase profits at the expense of public health. Redevelopment is mentioned 39 times.”
Third party investment in the cleanup and redevelopment of sites brings about a host of liability issues. In many cases, end-users purchase sites without taking on future liability and when Responsible Party cleanup is deemed complete they are often released from liability as well. However, in the cases where containment fails or cleanup later proves ineffective, such properties are left without a liable party, and become orphaned sites which must be remediated with taxpayer money.
Another tool which the EPA plans to use increasingly is environmental liability transfer, in which redevelopers purchase sites and take on the cleanup responsibility. However, this process does not always run smoothly: last june, the company Environmental Liability Transfers Inc. attempted to back out of a remediation agreement by suing the original responsible party. The previous owner, Detrex, denies ELT’s allegations that the company failed to fully disclose the extent of the site contamination:
“There are no takebacks in environmental liability transfer. This move undermines ELT’s core business model and could be a red flag for any deal they’ve done,” said Tom Mark, CEO of Detrex. “ELT was unsuccessful in its attempt to extract itself from its commitments to Detrex and has now resorted to a lawsuit full of restated history and invented facts.”
Pruitt’s prioritization for Superfund redevelopment recently made Bloomberg headlines over news that the EPA’s Superfund special accounts may now be used to persuade companies to buy and clean up contaminated sites. There is about $3.3 billion in EPA’s Superfund site special accounts as of this week, about three times the amount Congress has appropriated to the Superfund program for fiscal year 2018.
If redevelopment becomes the EPA’s new solution to expedite cleanups despite Superfund budget cuts, we have to ask ourselves several questions: How do we ensure robust liability, cleanup standards, community involvement, oversight, and enforcement? Furthermore, how are we going to clean the many sites which lack redevelopment potential, yet pose a dire health risk?
In the end, the only way to both finance the cleanups of orphan sites and decentivize the use of hazardous chemicals which cause Superfund sites in the first place is to reinstate the Polluter’s Pay tax. We need the EPA to fulfill its true mission in protecting human health and the environment, not polluting corporations.
SPRING INTO ACTION!
Everyone off the couch, shake the cobweb out of your brain and enjoy the coming of spring. Sure we have had a rough winter following the elections. And it may get rougher still. I know at first I just wanted to crawl under the covers and go back to my pre-activist days. Then Lois said to all of us, “don’t agonize, organize.” Of course Lois would say that, that’s her style.
Earth Day is around the corner; I know some of us no longer see Earth Day as a big deal. The last time I attended an Earth Day event at the Ohio State House my heart broke. As I looked around the State House lawn and all I saw was the corporate logos on nice white 12 by 12 tents. What happened to the students and their drum circles? Where were all the little grassroots groups sells their buttons and tee shirts to help them survive another year? Will we ever take back Earth Day?
On the very first Earth Day millions of Americans participated in rallies, marches along with thousands of colleges and universities where the youth helped forced the environment into a political agenda. Senator Gaylord Nelson, an environmentalist from Wisconsin was behind the idea of Earth Day with hopes of bring the grassroots movement together with ecological awareness.
Environmental awareness is making a comeback in a big way and we see more and more grassroots groups coming together to help save the plant. We are not too late, we can’t be. So again I say, SPRING INTO ACTION, do what you can, find your niche, have fun, raise hell. Someone’s got to do it, might as well be you.
In North Carolina, Duke Energy is storing 130 million tons of coal ash at 32 sites at 14 power plants. The state law requires Duke to safely move all of it by 2029, and from four leaking ash ponds by 2019. Where is Duke planning to put the toxic ash? Not surprisingly, in a low-income community of color in Lee County, NC.
Local resident Donna Bray said, “Duke is hitting the poorest rural neighborhoods, where they think people won’t be able to fight back against a big corporation. I’m worried about contamination of the vegetable garden that provides half the family’s food.
Duke might think they can dump in Lee County because it’s not seen as wealthy or powerful, but residents are getting organized. “This community is not willing to stand by and be dumped on — it’s a toxic mess, and we don’t want it,” said Therese Vick of the Blue Ridge Environmental Defense League, which has organized hundreds of residents opposed to Duke’s plan.
The United States uses coal to generate 30 percent of its electricity. A typical power plant produces more than 125,000 tons of coal ash—the byproduct of burning coal—every year. Earthjustice estimates there are more than 1,400 coal ash sites in the United States and at least 200 of them are “known to have contaminated water sources.”
For decades, power companies dumped this toxic waste, which can contain toxic metals such as arsenic and mercury, into unlined ponds that had the potential to leak and contaminate the drinking water of nearby communities.
Unfortunately, the Environmental Protection Agency recently announced it will scrap Obama-era rules governing coal ash disposal. The Obama administration finalized regulations in 2015 that imposed new standards on coal-ash disposal sites, in part by increasing inspections and monitoring and requiring measures such as liners in new waste pits to prevent leaks that might threaten nearby drinking water supplies.
The changes Pruitt is making would provide companies with annual compliance cost savings of up to $100 million, but environmentalists warn that doing away with the regulations risks poisoning clean drinking water for millions of Americans and pollute already-endangered ecosystems.
The changes would extend how long the over 400 coal-fired power plants across the country can maintain unlined coal ash ponds and allow states to determine how frequently they would test disposal sites for groundwater contamination.
Bottom line, energy corporations save $100 million and it place over 1.5 million children who live near coal ash disposal sites across the country, an increase risk of developing learning disabilities, asthma, cancer or born with birth defects.
If you are interested in making comments to Trump’s plan to scrap the coal ash rules click this link.
The Trump administration’s 2019 budget (October 1, 2018 to September 30, 2019) has serious consequences for the protection of the environment and of people. Trump’s budget plan cuts the Environmental Protection Agency’s spending by 23 percent, eliminating dozens of programs. The agency’s budget for the Office of Science and Technology is being nearly halved, while the Human Health Risk Assessment program will face reductions close to 40 percent. Other programs, such as several voluntary emissions-reductions programs and climate change research initiatives, will be eliminated.
The Superfund program, while considered to be a priority by EPA Administrator Scott Pruit, will still be subject to 25 percent cuts. Pruitt’s statement on the Superfund program emphasizes that cuts will come from administrative costs and the expedition of cleanups. The EPA’s other hazardous site restoration project, known as Brownfields, will shrink by 36 percent.
Trump’s cuts to several important EPA programs and subsequent shrinking of the agency as a whole sends a strong message about his regard for environmental health of Americans. Many environmentalists consider this move towards less health protective policies to be dangerous. The administration is instead prioritizing military and defense spending, hashing out 686 billion to the Department of Defense.
Aside from cuts, the Trump administration announced the end of the Clinton-era “once in, always in” policy on pollution. Environmental activists and lawyers are criticizing this move, warning that it could increase exposure to hazardous air pollutions, particularly among vulnerable populations. Former environmental justice head of the EPA, Mustafa Ali, said in an interview with Earther, “[The elimination of the ‘once in, always in’ policy is] really going to be killing people. You’re going to have all types of public health problems.”
These concerns being raised are valid, as the lack of funding to crucial programs mean that the most vulnerable of populations will be most affected. Considering that our president is ignoring the pressing issue of climate change, we must take matters in our own hands. More than ever, we need to work to protect our communities from the threat of pollution and toxic contamination. By supporting local groups that are putting pressure on government officials to produce life-saving policies, you can make sure that your community is safe and healthy.
Ever wonder how the television, radio and newspaper people select whom they are going to interview or get quotes from when they are reporting the news or producing a feature? I do. What I’ve learned is that they go to guests that are connected with the established powers—such as think tanks in Washington, D.C. that work on “the military industrial complex” policy (to borrow President Eisenhower’s words) and somehow lean toward more war mongering (e.g. NPR and the U.S.-Iran relationship) or backing more weapon systems (such as a new nuclear bomb arsenal and more F-35s and air craft carriers).
You won’t be hearing from MIT Professor Emeritus Ted Postol on the chronic failures of the anti-ballistic missile program (spending $13 billion this coming year).
Whether it is NPR, PBS, the network news programs, the Sunday news interview shows and too often the New York Times, Washington Post, Associated Press and the Wall Street Journal their interviewees are the defenders of the status quo or those with corporatists’ viewpoints.
These news outlets seem oblivious to the blatant economic conflicts of interest inherent in groups such as the Heritage Foundation, the American Enterprise Institute and professors who moonlight with corporations. These interviewees have economic and ideological axes to grind that are not disclosed to the general viewers, listeners and readers, when they are merely described as “experts.”
There are real experts and specialists, with no axe to grind, who are so ignored by the media that they have almost become nonpersons, despite their past proven records of achievements for the public interest, and for the people’s well-being.
Here are some examples of experienced people whose veracity and honesty you can take to the press and media outlets:
- David Freeman, probably the most knowledgeable, experienced authority on energy in the United States. A lawyer and engineer, he was an advisor to Presidents, Governors, ran four major utilities, including the giant Tennessee Valley Authority. He was also the author of key studies on energy policies starting in the nineteen seventies and presently is negotiating the shutdown of California’s last atomic energy plant with its owner, Pacific Gas and Electric Corporation.
- Nicholas Johnson, former FCC Commissioner, author of many books and timely commentaries on communications subjects (e.g. “How to Talk Back to Your TV Set”) and has been teaching at the University of Iowa Law School.
- Karen Ferguson, head of Pension Rights Center since the mid-seventies, has been involved in Congressional policies, judicial decisions, organizing retirees to assert their rights and generally watchdogging the increasing pension crisis in our country.
- Jamie Love, the expert on drug patent abuses, drug industry pricing power, international efforts to counteract these “pay or die” policies. He has been a major figure in bringing down the price of AIDS drugs for developing countries.
- Rena Steinzor, law professor, author of books such as Why Not Jail?, organizer of the Center for Progressive Reform and corporate crime specialist.
- Janine Jackson, long-time media critic documenting weekly noteworthy bias, censorship and commercial distortion of the news.
- Danielle Brian, director of the Project on Government Oversight has had much to say accurately about the massive military budget, redundant weapon systems and their waste, fraud and abuse over three decades.
- Jesselyn Radack, former Justice Department lawyer, represents whistleblowers on national security wrongdoing and is an acknowledged legal expert on free speech in these sensitive areas.
- Greg LeRoy, directs Good Jobs First and knows a great deal about corporate welfare, giveaways to sports stadiums, Amazon and the whole ‘business development’ subsidies at the local and state level in the U.S. He is the author, among other publications, of The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation.
- Mark Green, one of the nation’s experts on campaign finance rackets and reform, author of over twenty books, including Losing Our Democracy, and experienced as a candidate in New York State elections.
- Ralf Hotchkiss, former MacArthur Genius awardee, inventor and founder of Whirlwind Wheelchair and a successful advocate for people with disabilities having mobility without having to pay monopoly prices for shoddy wheelchairs in the U.S. and developing countries.
- Lois Gibbs, coming out of the Love Canal tragedies in Niagara Falls, NY, she organized arguably the leading grass roots movements against poisoning of neighborhoods around the country. She is an accomplished author, a speaker and is the director of the Center for Health, Environment and Justice, which works with hundreds of local citizen fighters for health and safety.
Some of the above were featured in the mass media years ago; others have been relegated to the shadows of our public news and features for almost their entire careers. The slanted selections by media gatekeepers are getting worse. Increasingly, TV and radio anchors interview their own reporters, not experts like Robert McIntyre, lawyer and founder of the highly regarded Citizens for Tax Justice. Too often the Sunday network TV political shows tap into the same stable of Washington pundits and commentators.
Readers and viewers can make their own lists of media-excluded, knowledgeable persons, be they at the local, state or national levels. On our public airwaves, after the FCC repealed the “Fairness Doctrine” in 1987, bloviators such as Rush Limbaugh, Sean Hannity and Mark Levin, completely dominate our airtime with their corporatist and hate-filled soliloquies. These “champions” of the free market have no problem using the public airwaves free of charge. As owners of the public airwaves and buyers of print journalism, let’s demand higher standards for experts in journalism. Let’s demand that the media seek out people who know their facts and work in the people’s interest and give them airtime.