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Super-Polluters Responsible for Most Environmental Health Risks

Environmental justice is a familiar concept to the communities that CHEJ works with, who experience racial and socioeconomic disparities in health as a part of daily life. Among the general public, this concept is not always understood. If there is any positive associated with the tragic water contamination in Flint, MI, it is that environmental injustices may continue to gain more research attention and spotlight in the national media as a result.

Today, EJ research was front-page news. Just a few days ago, researchers with the Socio-Environmental Synthesis Center in Annapolis, Maryland, released a study that combined computational science and sociology to investigate the impacts of a class of polluters known as ‘Super Polluters.’ These sources are responsible for disproportionate amounts of air pollution. The study was a huge undertaking, assessing the emissions of 600 chemicals from close to 16,000 facilities, and the results were unsurprising: the highest-polluting facilities were located in low income communities and communities of color.

Though the study demonstrates a known concept within the environmental justice community, it supports past findings with a massive body of data, and demonstrates that the effects of super-polluters on low-income and minority communities are worse than previously thought. As one of the researchers shared on SESYNC’s blog, “If you’re non-white or poor, your community is more likely to be polluted by arsenic, benzene, cadmium, and other dangerous toxins from industrial production…What’s new and surprising is that industry’s worst offenders seem to impact these communities to a greater extent than might already be expected.”

The study also sheds light on who to blame for the situation. According to the study, fewer than 10% of the facilities they assessed were responsible for more than 90% of human health risks from excess pollution. These findings are relevant for policy-making; if a subset of facilities are causing the majority of the harm, it’s possible that targeted emissions-limiting efforts could be more impactful for promoting environmental justice than large-scale regulatory efforts. Placing more emphasis on protecting the most vulnerable communities, it seems, goes hand-in-hand with reducing the most extreme of environmental pollution in the U.S.

The Washington Post reported on the study today, while placing the Flint tragedy in the context of the larger problem of environmental injustice. This study contributes to our growing understanding of environmental injustice, and will hopefully continue to shed a spotlight on vulnerable communities like Flint, MI. As Dr. Sacoby Wilson of the University of Maryland commented to the Post that the Flint situation “is really going to raise attention around environmental justice issues around the country, and also how you have these other environmental justice disasters that are looming out there.”

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Climate Change – What In The World Are We Doing

Climate Change Actions are moving forward to reduce impacts across the globe. But at the same time, some of the most destructive practices of the gas and oil industry continue as fossil fuels are extracted, stored and transported. Creating as much or maybe even more damage than society is reducing. It is a living contradiction. What in the world are we (society) doing?

As I visit communities or take calls from leaders I’m told their water is poisoned from fracking. No one will take responsibility, no one will provide clean drinking water for families and  families can’t afford to pay for a new water supply themselves. Well heads leak methane and other chemicals on a daily basis. Leaders are still being told natural gas is the answer to coal. Always and either or situation instead of none of the above choices are acceptable.

I hear from community leaders that there was a train accident that destroyed their home, community and sense of safety. Pipelines have cause explosions, fires and contamination across the country in record numbers.

All of these problems significantly contributed to our climate crisis either in production, transport or accidents. Moreover, people are speaking out in record numbers about the need for change, not only in Paris but in communities that dot the world which no one even has heard of before. It’s confusing, infuriating, and just plain insane.

Let’s look at what’s happening in California. A massive amount of methane gas is currently erupting from an energy facility in Aliso Canyon, at a startling rate of 110,000 pounds per hour. This has led to the evacuation 1,700 homes so far. The gas involved in this leak is methane, the main component of natural gas, which is 25 times more potent than carbon dioxide when it comes to climate change impact. About one-fourth of the anthropogenic global warming we’re experiencing today is due to methane emissions.

Leaks like the current one in California, are a major contributor. In Pasadena, for instance, just 35 miles from the leak in Aliso, investigators found one leak for every four miles.

So far, over 150 million pounds of methane have been released by the Aliso Canyon leak. The cause of the leak is still unknown however more than 38 percent of the pipes in Southern California Gas Company’s territory are more than 50 years old, and 16 percent are made from corrosion- and leak-prone materials.

The company said, their efforts to stop the flow of gas by pumping fluids directly down the well have not yet been successful, so we have shifted our focus to stopping the leak through a relief well. Alright how long will that take, the relief well process is on schedule to be completed by late February or late March.

Let me remind you that the gas is now leaving the facility at a rate of 110,000 + pounds per hour. Multiply that with 24 hours a day and several months it’s astonishing. And this is just one leak in California.

So how exactly is society worldwide going to directly impact/reduce climate changes when we have one thumb in the hole to plug up the releases while the other hand is digging through the earth to intentionally release greenhouse gases?

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Clean Power Plan, Community Engagement and Environmental Justice

In August, the EPA and President Obama announced the Clean Power Plan, which aims to reduce carbon pollution from power plants as a means to stem the advance of climate change. The plan introduces the first national standards the U.S. has ever seen for carbon pollution, while customizing goals for each state. If the plan is successful it will not only greatly reduce carbon pollution emitted from U.S. plants; it will also contribute to incentivizing a clean energy transition in the United States, while improving air quality by reducing loads of soot and hazardous chemicals emitted from the combustion of fossil fuels.

According to the EPA, the construction of the plan has involved “years of unprecedented outreach and public engagement.” EPA plans to continue its discussions with communities now that the final plan is in place, and November is a particularly busy month for this initiative. During the next month, EPA will hold four two-day public hearings at locations across the country. Hearings will be held in Pittsburgh (November 12-13), Denver (November 16th-17th), Washington, DC (November 18th-19th), and Atlanta (November 19th-20th). These hearings will give community members and other stakeholders the chance to raise concerns or arguments relating to the power plan. Registration opened several days ago, and can be found at the EPA’s website. Following the meetings, the public comment period for the plan will remain open through January 16th.


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Many of the environmental justice provisions in the plan were added as a result of input from environmental justice advocates. This chart was featured in a grist.org article by Jalonne L. White-Newsome of "WE ACT for Environmental Justice"

According to the Clean Power Plan fact sheet, EPA will require states to document how they are actively enhancing community engagement during the implementation of the plan, particularly engagement with low-income communities, minority communities, and tribal communities. This requirement attempts to establish a channel of dialogue by which community members can learn about state activities to realize the goals of the plan, while providing their own input. The EPA will also monitor air quality impacts on vulnerable populations and provide easily accessible data on emissions via a community resource web page.

So far, the plan has drawn mixed praise and criticism from environmental and environmental justice organizations. The Sierra Club praised the plan’s inclusion of environmental justice provisions as well as community resources. However, they pointed out that the plan does not include a consideration of cumulative impacts; that the plan allows cap-and-trade programs to be used, which may exacerbate the existence of pollution hot spots in environmental justice communities; that waste-burning may increase as a result of the plan; and that the requirements for compliance with the Civil Rights Act during plan implementation are insufficient. The Energy Justice Network echoed concerns about cap-and-trade programs and Civil Rights Act compliance, and urged EPA to close loopholes related to nuclear power, natural gas, and biomass burning. WE ACT for Environmental Justice praised the plan as an ambitious “step in the right direction,” and assured that environmental justice advocates across the country would continue to speak up and impact the implementation process just as they shaped the original plan.

As the EPA and state agencies move forward with implementation, this involvement from EJ activists will be critical in ensuring that the plan’s provisions for environmental justice and community involvement are carried forth, and that the lingering inadequacies of the plan are addressed. Hopefully, the November meetings will be a continuation of this unprecedented process of community engagement and outreach.

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North Birmingham Faces Soil and Air Pollution Amidst Environmental Justice Concerns


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35th Avenue Site North Birmingham, Alabama Source: ATSDR North Birmingham Air Site Fact Sheet

By Kaley Beins

It has been well established that low wealth and minority communities are subject to greater risk of industrial pollution. The factories and manufacturing plants that pollute these neighborhoods drop the market value of homes, making them more affordable for lower income families. However, these families rarely have the money necessary to fight the legal and political battles with the plants over the ubiquitous industrial pollution that puts their community at risk. North Birmingham, a predominantly black community with a median household income that is over 50% lower than Alabama’s average, has been trying to address ongoing soil and air pollution from the surrounding factories for over 10 years.


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Source: EPA TRI Chemical Release Fact Sheet North Birmingham, AL

Walter Coke, a subsidiary of Walter Energy that produces coke for furnaces and foundries, has a plant in North Birmingham that pollutes the surrounding neighborhood. Studies from the EPA and ATSDR have found high levels of arsenic, lead, and polycyclic aromatic hydrocarbons (PAHs) in the soil and particulate matter in the air. Children are at risk from playing in their own backyards and studying in their schools, asthma patients may have heightened reactions, and the likelihood of cancer in the area is elevated.

EPA’s recommendation? Wash children’s hands when they come inside. Eat a balanced diet to dilute potential lead poisoning. Limit time outside if the air pollution seems problematic. Hope that you don’t get cancer.

CHEJ’s Lois Gibbs and Teresa Mills worked with the Birmingham community organizers to help advocate for separating themselves from the EPA and Walter Coke agendas. EPA’s 2011 letter used CERCLA (the Superfund Act) to explain their authority to have Walter Coke mitigate the pollution, and Walter Coke has cleaned up 24 sites of high risk soil pollution, but this is only the beginning of the steps necessary to address the community’s needs.

Currently CHEJ Science Director Stephen Lester and Science Intern Neggin Assadi are reviewing the soil pollution data and studying the connection between the Walter Coke pollutants and the elevated toxin levels in the soil of neighborhood yards. The ATSDR is also reviewing soil samples from 2012 to 2015 for another study, while maintaining that both the air and soil quality have improved as a result of past clean up efforts.

But the residents of North Birmingham shouldn’t have to wait for yet another ATSDR study. As Mr. Chester Wallace, President of the North Birmingham Community Coalition puts it, “The air quality’s not good for the people in the neighborhood, and we hope that the polluters can find a way to right that.”



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New Citizen Science Resources for Environmental Justice

Citizen science initiatives for environmental monitoring are enabling communities to take their health into their own hands by conducting grassroots monitoring projects. Some of the most recent advances have occurred in the arena of air quality monitoring, providing more readily available resources and training for communities to fight for environmental justice using science.

On July 9th, the EPA held a Community Air Monitoring Training Workshop, sharing tools and trainings to interested community groups on how to start and maintain community monitoring initiatives, and covering technologies that make monitoring more simple and affordable. The training workshop focused specifically on Next Generation Air Monitoring (NGAM) technology, which increasingly includes smaller, more cost-effective sensors and monitoring techniques. Videos and resources from the training are available at the Air Sensor Toolbox for Citizen Scientists website.

Low-income communities and communities of color are overburdened by environmental health threats, and air quality is no exception to this rule. Air pollution may play a key role in increased rates of asthma and other respiratory problems within low-income communities of color, which compound with other stressors to profoundly decrease quality of life for these populations. Many low-income communities are located in proximity to emission sources including highways and power plants, placing these communities on the frontlines of environmental exposure.

As the EPA states in their Roadmap for Next Generation Air Monitoring techniques, traditional air quality monitoring relies on stationary equipment, which capture data only on the air quality in their immediate vicinity. Not only does this method miss small variations in air quality between neighborhoods and even streets, it fails to consider indoor sources which are highly relevant for determining individual exposures. Traditional air quality monitoring, with its focus on average air quality values, fails to capture the full, cumulative burdens faced by our most environmentally vulnerable communities.  By using more portable sensors to gather environmental data, citizens and community groups can gather data that better reflects that spatial variation in air pollution, while gaining a better understanding of their individual exposures.

While the Air Sensor Toolbox is a valuable addition to citizen science resources, it is far from perfect. Because these devices are lower-tech and new to the monitoring field, they cannot usually provide data that holds up in the regulatory sphere. While I am excited to see monitoring technology in the hands of communities, it would be an unfortunate outcome if they grow to bear the burden for producing environmental data that fails to be acknowledged as legitimate in the legislative sphere. Additionally, in their post advertising the videos, an EPA writer states  that several of these devices cost less than a thousand dollars. While significantly cheaper than high-tech laboratory equipment, this cost may still places monitoring devices out of reach of the most vulnerable communities who could most benefit from these resources. As a scientist, I hope to see more outreach projects in the future from both government agencies and academic institutions focused specifically on building capacity for citizen science and providing resources to make these initiatives even more accessible

More resources, including videos of trainings from the recent workshop, are available at EPA’s website.

For outstanding examples of citizen science in action, visit the website of the Global Community Monitor, and read about communities tackling air pollution with low-cost “bucket brigades.”

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Families Expose to Toxic Chemicals Lives’ Matter

I am so frustrated and cannot understand how to win equal protection of health for all people.  I’ve been doing this work for over thirty years and observed that unlike food contamination or infectious disease, where health agencies move at the speed of light to keep people safe, when the source is toxic chemicals from a corporation, people are sacrificed.  I’m looking for ideas from those who read this blog.  Just recently we saw the call to action to protect public health  around the cilantro scare.

This week I received requests for help from local leaders CHEJ is working with that related to health studies and public health impacts from chemicals in their environment.

One study around hydro fracking, researchers found that pregnant women living near clusters of fracked wells were more likely to have babies with lower birth weights.  The second study found higher rates of hospitalization for heart conditions, neurological illness, and other conditions among people who live near fracking sites.

Those studies were not enough to stop fracking in the communities. In fact, health authorities said they believe it may not be the fracking at all – it could just be a random clustering of medical problems.

The third study was around a low wealth African American community in Birmingham, Alabama. Adjacent to the community is Walter Coke Facility that manufactures coke, toluene sulfonyl acid, produces pig iron from iron ore and more.

The Federal Agency for Toxic Substance and Disease Registry (ATSDR) conducted a study to determine the health risk to community families based upon exposures to arsenic, lead, and polycyclic aromatic hydrocarbons (PAHs) found in residential surface soil and homegrown garden produce in the communities collected from November 2012 through January 2015.

ATSDR concluded that:

  • past and current exposure to arsenic found in surface soil of some residential yards could harm people’s health. Children are especially at risk.
  • past and current exposure to lead found in surface soil of some residential yards could harm people’s health. Swallowing this lead‐contaminated soil could cause harmful health effects, especially in children and in the developing fetus of pregnant women.
  • long‐term exposure (i.e., many years) to PAHs found in the surface soil of some residential yards is at a level of concern for lifetime cancer risk.

The agency’s recommendation was for parents to:

  • monitor their children’s behavior while playing outdoors and prevent their children from intentionally or inadvertently eating soil;
  • take measures to reduce exposures to residential soil and to protect themselves, their families, and visitors;
  • have their children tested for blood lead; and
  • for EPA to continue testing for arsenic and lead in the soil and continue with its plans to cleanup additional properties (patch quilt of clean up not community wide as though the wind won’t carry toxic dust from one yard to another) to reduce levels in residential surface soil.

There was no mention of what the polluter should do. No mention of relocating families from the area to safe housing somewhere else. There was no mention of health monitoring or a clinic for people, especially children who are exposed and sick.

What level of human tragedy, suffering and loss of life will it take to stop the poisoning of American people from toxic chemicals?  The ethics behind the two responses of food/infectious disease versus chemical threats to public health is unethical.  Families being exposed to toxic chemicals matter just as much as everyone else. It’s time our health agencies stopped treating them as sacrificial families to protect corporate profits.

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We Are Together & Together We’ll Make Change

As fracking bans and moratoriums or local ordinances become a reality across the country, it would be so powerful for those who are advocating change to one piece of the problem or solution, to include the other parts of the gas and oil industry’s problems, processes, etc. as well. Working together on alternatives, disposal, rights to know, exports and more will provide the holistic approach to the public. That can really make a bigger – deeper difference in how people respond to efforts that go beyond a backyard struggle towards a sustainable communities. It might even bring clarity to the public that is getting so many different messages and become confused.

At CHEJ we just celebrated the next step toward a ban in New York on fracking, but Obama is still pushing regulations. We’ve seen pipelines stopped, at least temporarily and ordinances passed. Most recently two counties in Ohio have passed local moratoriums on injection wells that will force the industry to find other ways to dispose of their wastes. Two other Ohio counties are in the mist of deciding to ban injection wells that activist say have a good chance of passing.

It appears from the “wide view” that our staff and Board can see as a national group, as we look across the country that there are serious efforts and real wins by ordinary people. What isn’t as obvious is a strong message that we are together and supporting other groups who have taken on different parts of the problems, are encouraged and inspired by the wins and share the vision of what could be. It’s not that people aren’t mentioning other segments of the struggle locally or at a higher level of government, but it’s not coming through as a unified struggle for a unified goal. No there will never be absolute agreement on goals but maybe we could get agreement on a unified message that works. At CHEJ we came up with Preventing Fracking Harms to address the different goals around wells, infrastructure and such. That won’t work in the bigger message but I think there are words that might.

As groups join together this fall at events like the one planned for October in Colorado it would be great to find an opportunity on or off the agenda to figure out how all the extraordinary work folks are doing can include a message – not a list serve – not a petition – but a message that gets tagged on everyone’s everything before they close their news release, blog, signs and more. Or maybe we have a massive e-mail conversation. Let me know what you think.

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EPA Can Map Environmental Justice Communities – Can They Stop The Poisoning?

Today we know how to identify Environmental Justice communities but what is the U.S. Environmental Protection Agency (EPA) doing to relieve their community burdens? A new mapping tool created by the EPA, called EJSCREEN was recently released. This tool is great for academia or researchers but how does it help environmentally impacted communities? Why is generating information, that community already know because they are living with the pollution and associated diseases daily, more important than helping them?

CHEJ, for example, has worked for over thirty years with Save Our County in East Liverpool, Ohio This community in the 1990’s was defined by EPA as an Environmental Justice community, through their evaluation process which is the same as the mapping categories. Yet nothing has changed as a result of this definition.

  • The hazardous waste incinerator, WTI, still operates and remains for most of the time in violation of air and other standards.
  • Other industries continue to pollute with little enforcement.
  • An elementary school was closed due to the air emissions from the WTI Incinerator stack which is almost level to the school windows (incinerator is in the valley) stack peeked over the embankment. The City was force to shoulder the costs of relocating students and staff.
  • In the past several years new wells were drilled for natural gas extraction and infrastructure.
  • The community has the highest number of cancers in their county than other similar counties in the state.

    Nothing, absolutely nothing, has changed in East Liverpool, Ohio as a result of being defined an environmental justice community.

  • No decision to stop new polluting industries from setting up shop.
  • No action on denying permits, when they have been a significant repeat violator of the laws and regulation, when up for renewal permit.
  • No fee data and information when requested under the freedom of information requests.
  • No additional public comment meetings for new or existing permits. Absolute nothing changed in East Liverpool, OH and so many other communities.

    Thank you EPA for providing a tool for academics, for communities to say yes our community qualifies (although they already knew) and for real estate and banking institutions to provide information that will make it more difficult for families in Environmental Justice communities to secure a home improvement loan or sell their property.

    Now can you spend some time and money on reducing the pollution burdens and assisting with the medical professionals for disease related injuries.

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    ATSDR Fails Community Once Again

    In July of 2013, an explosion occurred at the WTI/Heritage Thermal Services (HTS) hazardous waste incinerator in East Liverpool, OH. Incinerator ash that had built up on the inside of the incinerator stack suddenly fell off causing a huge cloud of dust contaminated with heavy metals and other toxic substances to be released from the stack. An estimated 800 to 900 pounds of ash were released into the surrounding community. The plant manager advised residents to wash fruits and vegetables from their gardens and to replace food and water for pets and farm animals. Save Our County, a local group that has been fighting to shut down the incinerator for more than 20 years and other local residents were quite alarmed by what happened and asked whether this latest accident further put their health at risk.

    The state regulating agency’s response was to invite the federal Agency for Toxic Substances and Disease Registry (ATSDR) to evaluate what risks the residents might have suffered. More than a year later, ATSDR released its report which concluded that the “trace amount of toxic metals in the surface and subsurface soils of the residential area west of the HTS facility affected by the July 2013 ash release are not expected to harm people’s health. The reason for this is that the concentration of these metals found in the soils are below levels of health concern.”

    It’s not clear how ATSDR came to this conclusion when some of the data included in the report clearly show contaminant levels that exceeded levels of health concern. Two (of 13) soil samples, one on-site and one off-site, both downwind, had the highest levels of contaminants of concern (though they never disclosed what these levels were). The arsenic levels found in the surface soil of the surrounding community generally exceeded public health levels of concern, ranging from 14 to 57 parts per million (ppm), averaging 20 ppm. The public health level of concern is 15 ppm.

    There is also data on two wipe samples (of 8) collected by HTS immediately after the accident that were found to contain 3,600 ppm arsenic; 13,000 ppm lead and 8,000 ppm nickel. These samples were collected from areas on-site where trucks at the facility were staged. These are all extraordinarily high and well above public health levels of concern.

    Similarly, two wipe samples collected from the community had arsenic levels at 277 ppm and lead at 819 ppm, both levels well in excess of levels of public health concern. The report refers to a third sample collected from the surface of a black S10 pick-up truck with arsenic at 296 ppm and lead at 1,046 ppm also well above public health levels of concern.

    Despite all of these results that exceeded public health levels of concern, ATSDR concluded that there is no cause for alarm and that the toxic metals released into the community “is not expected” to harm people’s health. It’s like someone at ATSDR wrote the conclusion without ever reading the report or looking at the data.

    The ATSDR report simply ignores the data that exceeds public health levels of concern and draws its conclusions as though these high levels did not exist. How can anyone trust a government agency that operates this way?

    This is what communities across the country have grown to expect from ATSDR – conclusions that are unresponsive to community concerns about potential health risks but protective of industrial pollution. Some things never change.


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    EPA Laws & Regulations Really Don’t Matter

    How can ordinary people win justice from an agency that seems to care little about their own laws and regulations? Take for example the recent report that the hazardous waste incinerator (WTI) in East Liverpool, OH. It stands tall next to the Ohio River and has released toxic substances above allowable limits 195 times over 175 days. This is not new for this facility. In fact CHEJ years ago went all the way to the Supreme Court in the state of Ohio to have the incinerators permit revoked. At that time the incinerator was only within compliance (legal limits) two quarters over a number of years.

    The area surrounding the incinerator was defined as an Environmental Justice community, by the Environmental Protection Agency. As such the community should have seen tighter enforcement, more access to information and new polluting industries proposed would be weighed against the already high pollution in the area before allowed to be built.

    None of that happen. In fact, a freedom of information request was made on several occasion for information because no one would provide the information through a simple request. Those freedom of information requests were able to be fulfilled but not without the low wealth community paying about $1,500. EPA refused to waive the fee for compiling the information. Fracking and injections wells were welcome in the area and operating today with little regard to the existing community toxic burden.

    When CHEJ fought in court for the renewal permit to be revoked the local group Save Our County, filled the court room with local people. Three judges sat in the front of the room and listened to arguments from both sides. The community argument was clear, the company is breaking the law and have been for years and no one will do anything about it except collecting on a small number of fines and penalties. To WTI those fines are predictable and just the cost of doing business. The community is suffering from a multitude of adverse health impacts.

    Ohio has this regulatory system that allows innocent people to be poisoned. The court ruled against the community when CHEJ helped them to appeal the permit. The judge said he had nothing to hang his hat on and said he understands why his court room is full of unhappy people. The judge said that because according to Ohio regulations, if a company is out of compliance – but has a plan to come into compliance – than they are considered in compliance.

    What if that was the rule for everyday people and laws. For example, if you were found to be driving while drunk (DUI), but have a plan to go to alcohol anonymous, then you are not considered in violation of the law – worst you can continue to drive while under the influence, possibly killing innocent people—just like WTI.

    EPA and the state of Ohio among other states need to right this wrong. It is the innocent victims that suffer the diseases and taxpayers who are burdened with the cost of those diseases and destruction of the environment and all living things.