Federal environmental standards were created to protect the environment and human health. Regulations to limit chemicals in water, air, soil, and food set requirements that must be upheld by all levels of government (local, state, tribal, etc.), ideally creating uniform policy and protections for communities across the country. Examples include the Safe Drinking Water Act, Clean Air Act, Clean Water Act and the Food, Drug and Cosmetic Act that regulate pollutants in drinking water, air, water and food, respectively. It’s natural to think that these laws would protect people from exposure to toxic chemicals, but this is only partially true. While these regulations have made significant improvements in drinking water, air, water and food quality, there are many gaps and limitations in these regulations that result in people unwittingly being exposed to toxic chemicals, especially in environmental justice communities.
With one exception, a major problem with these laws is that they do not establish legally enforceable standards. Instead, government agencies have developed guidelines and recommendations. Another significant problem is that several key regulations only apply to point-source pollutants (“single, identifiable sources of pollution from which pollutants are discharged, such as a pipe, factory smokestack, ditch, etc.”), leaving non-point source pollutants (“pollution that comes from multiple diffuse sources,”) to state, tribal, or local jurisdiction or without regulations. This gap results in discrepancies in exposures to chemicals and health outcomes of communities based on where people live and work, especially in areas described as Sacrifice Zones – areas that are disproportionately impacted by pollution produced by proximity to intensive, concentrated industry, often in low-income communities of color. Without standards in place to protect these areas, these communities are exposed to abnormally high levels of chemicals which increases their risk of cancer, respiratory illnesses, and other diseases.
Health-based standards are important because they define a level of exposure that’s intended to protect the health of all people. Only the Safe Drinking Water Act, which was passed in 1974, sets a health-based maximum concentration of a chemical allowed in water. This legally enforceable standard sets this rule apart from all other regulations. If the level of chemical exceeds its drink water standard, health agencies will issue orders notifying people to stop drinking the water. And, if a company is found responsible for contaminating the water, they are held liable for treatment costs and any potential adverse health effects that result. This is the way health-based regulations are supposed to work.
However, this is not how the Clean Air Act, the Clean Water Act, or the Food, Drug and Cosmetic Acts work. For these regulations, similar maximum exposure levels are not defined. There are no air standards that define a “safe” or even “acceptable” concentration of a chemical in the air. The Clean Air Act (CAA), which passed in 1970, established national ambient air quality standards (NAAQS) which include regulations for 6 pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide. This rule sets emissions limits for each of these pollutants for varying periods of time such as one year. Under this system, there is no limit to how much a person could be exposed to in the ambient air. Put another way, no one knows what it means if a person is exposed to 50 parts per million (ppm) of benzene in ambient air.
Similarly, the Clean Water Act, which passed in 1972, also does not define a “safe” or “acceptable” concentration of a chemical in open waters. The Clean Water Act (CWA) regulates contaminants and wastewater only from point source polluters by “prohibiting the discharge of pollutants from a point source into navigable waters.” A National Pollutant Discharge Elimination System (NPDES) permit must be acquired in order to discharge pollutants to water bodies. The permit regulates what can be discharged (and how much) and establishes a monitoring system to track discharges. This regulation does not address non-point source pollutants. As is the case with the CAA, there is no limit to the concentration of a chemical that can be discharged into a body of water. Put another way, no one knows what it means if a person is exposed to 50 ppm benzene in a river.
The situation is even worse when it comes to chemical contamination of soil. In this case, there are no federal standards that protect ambient soil quality. EPA has developed guidelines ad recommendations for determining “acceptable” levels of residual contamination at Superfund sites post-remediation. These Superfund sites use Soil Screening Guidance (SSG) which “presents a framework for developing risk-based Soil Screening Levels (SSLs) that protect human health.” However, these guideline values are not legally enforceable standards. Instead, they are used by state and federal agencies to decide how much residual contamination is “acceptable” in one community versus another. EPA can decide to leave 100 parts per million (ppm) of lead at one site and 1,000 ppm at another by using different risk factors. According to EPA, this “flexibility” is important in managing risks. Practically, this means that the community that’s organized and generates political pressure gets a better cleanup, while the one that doesn’t, gets less protection and higher levels of contamination which is typical in Sacrifice Zone communities.
The same goes for toxic chemicals in food. The Federal Food, Drug, and Cosmetic Act, which was passed in 2002, regulates pesticide levels in foods. These regulations define how much pesticide can be applied to food in the field, how often, and the timing of the application in relation to consumption. There are also guidelines for certain metals. For example, FDA has seafood intake recommendations intended to limit exposure to metals like mercury. These guidelines and are not legally enforceable. FDA states the reason for this is that metals are often “widespread in the environment and because it is not possible to remove [them] from seafood or grow or produce certain foods completely free of [them].”
It’s reasonable for people to think, and expect, that government wouldn’t allow unsafe levels of toxic chemicals in the air we breathe, the water we swim in, the soil we play in, and in the food we eat. However, that’s not the case. With exception of drinking water, existing environmental and public health regulations do not set health-based standards that define a level of exposure that’s “safe” or even acceptable. Instead, we are left with unenforceable guidelines that give federal agencies enormous power to negotiate with the companies responsible for the contamination. This may be practical, but it’s not protective of public health and it leaves communities vulnerable to toxic exposures that can negatively impact their health.