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Fracking operation set to break ground after the state of Tennessee passes new regulation on Hydraulic Fracturing

The relatively untapped Chattanooga shale field—which runs from southern Kentucky through central Tennessee—will soon see a long awaited incursion of major gas and oil companies such as CONSOL Energy, CNX Gas and GeoMet and Atlas Energy. Tennessee’s General Assembly’s Joint Committee on Government Operations passed a series of rules on hydraulic fracking on May 22st, set to go into effect June 18th.

CONSOL Energy—which has gas leases in on rough 240,000 acres in the state–already is preparing to begin horizontal drilling in Anderson County which borders Kentucky. Soon workers will shoot gallons of water and nitrogen into the shale rock in order to release and collect the natural gas within. Some of the most glaring issues regard the notably high bar on when the rules actually apply—of which most operations will not meet due to low demand and the state’s geography.

Unlike the Marcellus shale field in Pennsylvania, Tennessee’s’ Chattanooga field is significantly shallower, which warrants less water to be used. Part of the controversy with the new rules is that public notice only applies when operations exceed 200,000 gallons of water, which is unlikely in the case of Chattanooga as significantly less water is necessary. In addition general notice of the operations themselves only is required for those living half of a mile from the site, which would excludes many.

In September local environmental groups pushed for a ban on fracking operations that would use water exceeding 200,000, the board dismissed the ban but kept 200,000 gallons as a marker for public notification. The board, at that time called the Oil and Gas Board—now merged with the Water Quality Control Board making the Board of Water Quality, Oil and Gas—ignored the cries of the groups for tighter regulations.

Serious questions have arisen about the effectiveness of the new set of rules, in assuring proper safety of local population and environment. Groups such as the Tennessee Clean Water Network and the Sierra Club’s Tennessee Chapter were less enthused. Concerns were raised by the safety of local ground water, as fracking produces significant quantities of waste water—also known as “flowback”—which contains salt, oil, grease and occasionally radioactive material depending on the location and method of fracking.

Meg Lockhart of the Tennessee Department of Environment and Conservation contends, “Wastewater disposal is a significant issue in the Northeast where fracking occurs.  The amounts of liquid we’re dealing with in Tennessee are much, much smaller, if liquid is used at all.  But, if water in any significant quantity is used, some of it would come back up the well”. Renee Hoyos, Excecutive Director of the Tennessee Clean Water Network

It is a bit hyperbolic at this stage to assume that fracking operations in Tennessee will reach the level that of Ohio or Pennsylvania, but if gas prices resume to increase in the near future we can expect to see more and more companies expanding into previously ignored areas of the country.

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A Toxic Haven for Refugee Children?

According to the Refugee Council USA, each year about 98,000 refugees enter the United States. Fleeing from war and the threat of persecution, these individuals have left their homelands to seek shelter. Leaving one threat behind, is it possible that they face a new danger in their safe haven?

Overall only about 2.6% of U.S. children aged 1-5 years have blood lead levels (BLLs) above the CDC reference level while refugee children from developing countries often have BLLs several times above the national average. According to Jean Brown, chief of the CDC’s Healthy Homes/Lead Poisoning Prevention Branch, several practices in developing countries contribute to the elevated BLLs that many refugee children have before coming to the U.S. After arriving in the U.S, high BLLs often persist due to traditional customs and because refugees often end up living in older housing with flaking lead-based paint.

Lead poisoning is extremely hazardous and is especially detrimental to the neurological development of children. According to the EPA, lead poisoning in children can result in damage to the brain and nervous system, anemia, liver and kidney damage, developmental delays, and in some cases lead poisoning can even be fatal. “Refugee kids in particular can be malnourished and anemic, and that boosts lead absorption and heightens the potential for neurological effects,” states Brown.

Many refugees may not fully understand or be aware of the danger associated with lead. Some never faced lead hazards before arriving in the U.S. The CDC found that nearly 30% of 242 refugee children in New Hampshire experienced elevated BLLs within 3-6 months of coming to the United States, although their initial screenings displayed non-elevated levels. Paul Geltman, a pediatrician with Harvard Medical School and the Cambridge Health Alliance, found that living in zip codes dominated by pre-1950s housing was associated with a 69% increase in the risk of a child’s BLL rising within 12-15 months of arrival. Clearly the housing available for many refugees poses a serious health risk.

Language barriers present another problem in communicating the issue of lead toxicity to refugees. The U.S Department of Housing and Urban Development’s Disclosure rule requires that landlords reveal lead hazards and give their new tenants the pamphlet “Protect Your Family from Lead in Your Home,”  published by the EPA. Although this pamphlet is available in several languages, the U.S. Department of Health and Human Services’ Office of Refugee Resettlement discovered that many landlords only have the English version which is of no use to refugees that cannot read English.

In addition, a few herbal remedies and practices traditionally used by certain cultures intentionally contain lead. According to Tisha Titus, a physician at Federal Occupational Health in Atlanta, Georgia, states, “They’re based on recipes handed down for generations. So for a Western doctor to come in and say ‘what you’re doing can make your child sick’ isn’t going to sit well. You face a delicate balance of trying to maintain the integrity of the culture while at the same time providing a safer alternative.”

Clearly steps need to be taken in order to reduce the BLLs of refugee children. Brown says that the CDC’s lead screening for refugees is one way to confront the issue of lead hazards. Identifying high BLLs early and appropriately following up on the problem is the best way to see a timely reduction. Working to better inform parents of the serious threat that lead poses is a necessity.

For more information see: http://ehp.niehs.nih.gov/121-a190/


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Senator Lautenberg– A Hero

The passing today of Senator Lautenberg leaves a tremendous void on Capitol Hill. His passing will be felt for decades. He was a very courageous man, willing to take big risks and work tirelessly for issues he cared about. I met him for the first time when discussing Right-To-Know and Superfund. He was the “father of the Right –To-Know” laws while I’m often referred to as the “mother of Superfund . . . Frank and I go way back.

I think in his lasting legacy, is the bill he introduced to protect everyone from chemicals in their environment and products. The Safe Chemicals Act he authored is visionary and by far the most meaningful legislation to reform TSCA. As the Chairman of the Senate Subcommittee with jurisdiction over the regulation of toxic chemicals, Senator Lautenberg held hearings and introduced his legislation which placed the burden on chemical companies to provide data to the EPA so that Americans can be assured the chemicals they are exposed to safe before they are sold and used throughout the country. The Environmental Protection Agency (EPA) recently released principles for reform that closely parallel Senator Lautenberg’s legislation.

Today, I worry about who is going to bring that leadership, willingness to take huge risks and support other champion colleagues like Senator Boxer as they try to move protective policy through the senate. Senator Lautenberg was respected by all sides and was able to have meaningful conversations and at times debates on issues with friends and foes.

I remember like it was yesterday when medical waste and plastic debris washed up on the shore line in New York and New Jersey. Senator Lautenberg took the lead to ban ocean dumping of sewage and plastics, and changed federal laws to get companies to use stronger “double-hulled tankers” to prevent oil spills. He also passed vital laws that have made our air, water and land dramatically cleaner. He was a strong advocate for addressing climate change, reducing carbon pollution and putting a priority on renewable energy from solar, wind, geothermal and other sources.

Senator Lautenberg was a hero, a visionary and someone I could always count on to work toward protecting people and our environment from toxic chemicals in every way. Thank you Frank, may you rest in peace knowing that you were loved, respected and that we will continue to carry on your visionary work.


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While the Keystone XL Decision Looms, a Series of New Pipelines Will Flood Ohio and Kentucky




A wave of anxiety and outrage grips Newton County, Kentucky, as a proposed natural gas pipeline would rend a path through Ohio and Kentucky. The Bluegrass Pipeline—put forward as a joint venture by Williams Companies Inc. and Boardwalk Pipeline Partners, LP—would carry an estimated 200,000 to 400,000 barrels a day of shale gas from western Pennsylvania to Texas, where it will likely be shipped to overseas markets; construction is expected to be completed by late 2015.

“Bluegrass would include building a new NGL pipeline to a Hardinsburg, Ky., interconnect with Boardwalk’s Texas Gas Transmission LLC system and converting a portion of Texas Gas from Hardinsburg to Eunice, La. (the TGT Loop Line) to NGL service,” Christopher Smith of the Oil and Gas Journal noted.

In addition to new pipeline infrastructure, the project would necessitate construction of additional facilities throughout the South—including a facility in Louisiana. The project would also upgrade older infrastructure incapable of handling the potential influx of Marcellus Shale gas from Pennsylvania.

“As development in the region’s Marcellus and Utica shales has ramped up, producers have found themselves stuck with an underdeveloped infrastructure that can’t yet handle processing or transporting all the oil and gas extracted here,” Erich HYPERLINK “http://www.post-gazette.com/stories/business/news/venture-proposes-bluegrass-pipeline-to-the-gulf-coast-678443/”Schwartzel of Pittsburgh’s Post-Gazette wrote.


Much like Kentucky, Ohio has been swept up in the massive oil and gas boom. In addition to the Bluegrass Pipeline, Ohio will see the construction of the Hickory Bend cryogenic processing plant, a $150 million project developed by Pennant Midstream LLC–a joint venture of NiSource Midstream Services LLC and HilcorpHYPERLINK “http://www.hilcorp.com/” Energy.

An additional $150 million will go toward building a pipeline for Utica shale gas from western Pennsylvania to Mahoning County in eastern Ohio. The project could exceed $1 billion in the future, according to the BusinessHYPERLINK “http://businessjournaldaily.com/drilling-down/nisource-exec-300m-gas-project-could-grow-1b-2013-5-1” Journal Daily.

The feverish rush by oil and gas companies to exploit the apparently lacking infrastructure that begs for new pipelines offers an easy opportunity for companies to get in the game. Despite efforts by the aforementioned ventures to address concerns of environmental damage—Pennant Midstream LLC paved two roads in Mahoning County and claims it will use electric rather than diesel fuel– many questions remain as to what long-term effects, including leakage and explosions, both pipelines could have in Ohio and Kentucky.

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New Health Studies Guide for Community Groups

The Boston University Superfund Research Program (BU SRP)recently made available the first four chapters of a new health studies guide targeted to community groups. The new guidebook, called Is a Health Study the Answer for Your Community? A guide for making informed decisions is available at www.busrp.org/hsg. For many years, environmental health scientists at BU included Dr. David Ozonoff and Dr. Richard Clapp worked with community groups to address health problems in communities. This experience together with input from many experts and organizations including CHEJ was used to develop this Health Studies Guide. The intent is to assist community groups and individuals who think that some form of environmental health investigation or health study may be useful or necessary in their community.


The guide begins by helping readers consider factors that might influence their decision about whether to do a health study. Readers are encouraged to thoughtfully define their goals, to consider whether a health study will be useful in meeting these goals, and, if so, to choose the appropriate kind of study. The guide includes a wide menu of health study types and helps you think through which one might be best to address the questions you are trying to answer. It takes you through the process of choosing and designing a study, but it is not a complete how-to guide. It does not, for example, explain how to do your own epidemiologic study or risk assessment, nor does it describe how to conduct a health survey, though helpful resources are included in the Appendix. One chapter explains how to evaluate the strength of a study’s results and how to think about what the results mean. The guide closes with a glossary to help sort through various technical terms and jargon.

The authors readily acknowledge that a health study may not be the answer to the fundamental questions that you are asking about the health problems in your family or in your community. Instead they offer alternatives to traditional health studies that may help achieve community goals. This guide should be a useful tool not only for those who are contemplating a study, but also for those who are involved in a study or are the subjects of one. It will help you think about your expectations for the study’s findings, costs, and time frame. We couldn’t agree more with this advice “Above all, if you decide on a health study you will want to organize and work with your entire community so that it is meaningful to you.”

Two additional chapters are still being developed and are expected to be completed in the near future. The authors welcome your comments and input.

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51,500 drums of hazardous waste buried above sole source aquifer.

People for Safe Water, a group in Springfield, Ohio, are working for the reinstatement by the US EPA of the original cleanup plan for the Tremont Barrel Fill Site. This plan will ensure the sole source aquifer’s continuing yield of high quality, pure water for Clark County residents.

The Barrel Fill site contains 51,500 drums of chemical waste, as well as over 300,000 gallons of bulk liquid waste in German Township, buried in the late 1970’s.

· Following legislative procedures and public processes, US EPA’s Region 5 Superfund Division issued a site clean-up plan known as Alternative 4a in June 2010. This plan was acceptable to all local and OH EPA officials.

· Subsequently, US EPA issued another plan, known as Alternative 9a, on June 22, 2011, as the final clean-up plan. This plan was unacceptable to all local and OH EPA officials.

· The OH EPA, Clark County Combined Health District, Clark County Commissioners, Springfield City Commissioners, German Township Trustees, and our citizens group, People for Safe Water, all vigorously oppose Plan 9a because, if implemented, it will so compromise the purity of the sole source aquifer for Clark County.

· The corporations responsible for clean-up costs, or Potentially Responsible Parties (PRPs), sued Chemical Waste Management (CWM), who had challenged its status as one of the PRPs. The court ruled that CWM is a PRP and is responsible for 55% of the cleanup costs

Key points of opposition to Plan 9A:

· It lacks the level of protection provided by Alternative 4a.

· It leaves untreated hazardous waste at the Barrel Fill site.

· It redefines principal threat waste to be only liquid waste.

· It ignores key unique geological features with serious consequences for the Springfield well fields and Mad River Aquifer.

The barrel fill site, a Superfund Alternative Site, sets above the sole source aquifer for 85,000 people, primarily Clark County citizens. This sole source of drinking water is at risk of contamination by chemical poisons from the Site. Charles Patterson, Clark County Health Commissioner, reports that trace contaminants are already showing up in monitoring wells below the site. US EPA’s original plan (June 2010), acceptable to all pertinent parties, would have adequately addressed the site’s cleanup. US EPA’s adoption of a subsequent plan (June 2011) threatens the water supply upon which the people and economy of the entire region depend.

 


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New Bill Circulating in New Jersey General Assembly Could Offer Much Need Relief for Communities Battling Polluters

A new bill circulating in New Jersey’s General Assembly is drawing controversy for its tough stance against industrial pollution in low-income neighborhoods.

Assemblywoman L. Grace Spencer (D) introduced  Assembly Bill 3836 in February. The bill would bar industrial plants from being built in any neighborhood deemed to be a “burdened community.”  If passed, it could offer a much-needed reprieve for low-income residents of neighborhoods such as Ironbound in Newark. Ironbound has long struggled with pollution from local chemical plants, incinerators and Newark Liberty International Airport.  In this year’s State of the Air report card by the American Lung Association gave Essex County – where Newark is located — an “F” for poor air quality.

Ironbound is under constant siege of industrial expansion. This year its residents face a proposal calling for the construction of the Bayonne Bridge, which would carry legions of commercial trucks that pass through Newark’s East Ward. “Parents, community leaders and medical researchers say asthma is a particularly serious problem in the Ironbound, a hot spot for the chronic respiratory disease within a city whose asthma-related hospitalization rate is already more than double Essex County’s,” wrote reporter Steve Strunsky in the Star-Ledger.

In addition, construction has begun on a 655-megawatt natural gas plant, operated by Hess Corp, approved last year by the Newark Planning Board. Despite claims by Hess engineers of the plant’s low impact, many community activists remain outraged over the plant’s use of natural gas derived from hydraulic fracturing, or fracking. The use of such gas warrants concern for Ironbound residents, as it contains considerable amounts of methane (CH4), found in a study by the Air and Waste Management Association to “include organic compounds that contribute to the formation of ground-level ozone (smog), as well as hazardous air pollutants like benzene.”

Long-stressed Ironbound is just one of the many communities in New Jersey locked in a perpetual battle with industrial polluters. If passed, Assembly Bill 3836 would mark a major turning point in the struggle against industrial polluters and hopefully serve as a model for other similar struggles being waged across the nation.

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Superfund Under Attack

The House Energy and Commerce Subcommittee on Environment and the Economy, chaired by Rep. John Shimkus (R-IL), held a hearing this week on three legislative proposals that pose a serious danger to the Federal Superfund toxic waste site cleanup program.  Earthjustice, Sierra Club, CHEJ and others are sending a letter to the policymakers this week to express strong opposition to the “Federal and State Partnership for Environmental Protection Act of 2013,” which weakens the nation’s Superfund law  and places American communities at risk of increased toxic exposure. The bill will increase litigation that will cause delays in cleanups and establish roadblocks to listing new toxic waste sites. The amendments contained in the bill will place our communities and their environment in danger and increase the cost of hazardous waste cleanup for U.S. taxpayers. 

While the Republicans are attacking Superfund, they are also continuing to oppose refinancing the financially ailing program, which means hundreds of leaking toxic waste sites are not being cleaned up.  This is a travesty and a public health crisis. 


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Trouble at Marathon: Detroit Residents Tormented by Tar Sands Refinery

A black plume of noxious gas enveloped adjacent neighborhoods after a fire broke out at the Marathon Detroit Refinery on April 27th. Residents of nearby Melvindale were evacuated by town officials after the fire was designated a Level 3 Hazard. However, residents of Detroit received no immediate warning nor a call for evacuation by the city of Detroit, sparking outrage by the affected, predominantly African American community.  Residents complained of a lingering “foul egg smell” as well as general irritation in breathing, a local Fox station reported.

“The Marathon oil refinery fire was ultimately not a Level 3 Hazardous Materials incident, although that was the initial declaration based on preliminary information,” Detroit Fire Commissioner Donald Austin told the Detroit News. Officials are still testing air quality post-explosion. An environmental justice organizer at the Michigan Sierra Club Chapter, Rhonda Anderson, worries about a potential misreading of the samples taken by the Environmental Protection Agency (EPA). “The EPA did not arrive until after the fires had already been contained.” Anderson said by telephone, “This is the data the Michigan Department of Environmental Quality chose to go on”.

Since 2001, Marathon has racked up 13 air pollution violations by the MDEQ, including a nuisance violation for a continuing overpowering odor reported by community leaders. “We found terrible things. Carcinogens, carbon monoxide, benzene and toluene, which harm the nervous system, methyl ethyl ketone, which can cause blindness. A lot of really bad stuff,” local activist and cancer survivor Theresa Landrum reported.

In a 2011 study, Professor Paul Mohai from the University of Michigan School of Natural Resources and Environment investigated air pollution around Michigan schools and its potential impact on academic performance in children. The study concluded that schools located near areas of heavy industry faced an increased chance of children developing neurological damage — in turn affecting academic performance– after exposure to high levels of air pollutants common to the burning of fossil fuels.

Marathon specializes in processing a type of heavy crude from Canada known as tar sands, which a study by Forest Ethics found releases heavy quantities of sulfur dioxide, a chemical associated with respiratory illness. The study referenced a 2010 EPA investigation of the local sewer system adjacent to the refinery, “finding cancer-causing chemicals benzene, toluene, and hydrogen sulfide,” known byproducts of tar sands refining and the  source of complaints of respiratory problems by nearby residents.

In 2012, Marathon completed its Detroit Heavy Oil Upgrade Project, a $2.2 billion expansion of its refining capacity; raising its input of Canadian heavy crude to an additional four hundred barrels a day. Marathon has also taken it upon itself to buy out local homeowners to build “green spaces,” an effort some suspect was designed to placate locals furious over the expansion. The Detroit Free Press noted many residents have sharply criticized the program, claiming the “purchasing agreement would bar them from suing Marathon for any future health problems.”

Marathon’s torment of the community is not an issue unique to Detroit. Rather, it is part of a larger problem of poor regulation of refineries that continues to make the lives of low-income families a low priority. The looming decision on whether the Keystone XL pipeline will win approval by the President will decide the fate of many communities near refineries, because the pipeline would bring heavy crude from Canada through the Midwest to Texas.

Residents of Port Arthur, Texas, have long battled the Valero Refinery, which like Marathon processes heavy crude. Hilton Kelley, head of Community In-power and Development Association (CIDA) and a life-long resident, said more tar sands crude would lead to “a serious increase of sulfur dioxide in our community.”

“This is what happens when you roll back regulations on safety,” Kelley said by phone. “These people don’t really care about the welfare of our communities”.

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A Circle of Poison and Poverty

Imagine for a moment that you live in a community that is poor. You work every day in the service industry but just can’t make enough money to move to a better neighborhood. Now imagine that you have a young child who is gifted with high level of intelligence. You want to send your child to a school that can challenge her to help reach her potential. But, you can’t because of your limited income.

This is how one mother described her situation to me recently in Detroit, Michigan. She went on to say that the area around her home and school had lead levels, left over from former lead smelter activities, which were three times the legal standard. Her child and her neighbor’s children began their lives with so much potential. Today, the children are lead poisoned and are having difficulty passing the state school standardize tests. In fact, so many children are failing the standardized tests that their school is about to be closed, their teachers fired and their community further impacted by another empty building and no neighborhood school.

When people hear about the struggles in environmental justice communities they often only think about the immediate pollution and health impacts in a low wealth community. But to understand it one level deeper you need to understand that families living in these communities are really trapped. If you were only to look at their children’s ability to get out of poverty and reach the birth potential, it speaks volumes about the real world situation.

Their children cannot reach their potential because they are impacted by the chemicals like lead in their environments. Often young people, because they are frustrated in trying to achieve in school while faced with asthma, learning disabilities, and the inability to maintain attention students end up dropping out of school. Students weren’t born with the inability to achieve; it was due to their exposures to lead and other toxic environmental chemicals that they developed problems. Once students drop out of school they have little ability to improve their economic status and thus continue the family’s legacy of poverty.

Those who have the power to change this cycle of poison and poverty choose not to. Instead they cover their intentional neglect by blaming the victims, the parents, teachers, and community leaders. Not only do those in power blame the innocent, they exasperate the problem by ignoring the existing pollution while placing more polluting faculties in the area. I think it was Mayor Bloomberg who said, “Do you really want me to put that smokestack in downtown Manhattan?” when community leaders near NYC navy yard objected to an incinerator being added to their burdens.

I’m not sure how to change this situation. It is a larger societal crisis that will take the majority of people to demand change. Today it is only the voices of the desperate parents, frustrated teachers that sound the alarm and cry for justice. This must change.