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When We Fight, We Win!

By Sharon Franklin.

In July 2023, I wrote the blog, “There’s An Ethylene Oxide (EtO) Health Emergency in South Memphis, Tennessee.” In it, I discussed the air pollution created by the Sterilization Services of TN (SELC) in Memphis, Tennessee. According to an August report by Adrian Sainz from AP News, SELC will officially be closing its Memphis plant!

As background, SELC is a medical equipment sterilizing plant that has been emitting hazardous air pollution since 1976 (permitted to do this since 1985). Ethylene oxide (EtO) is used to clean catheters, syringes, pacemakers, plastic surgical gowns, and other items. On August 24, 2023, the Memphis Community Against Pollution, an environmental watchdog group requested a meeting. This meeting was in response to public concern about the chemical emissions and to petition the Shelby County Health Department for an emergency air pollution order.

Even the EPA understands that the plant’s use of EtO to sterilize medical equipment and materials could lead to cancer and other health risks. While short-term or infrequent exposure to EtO does not appear to pose a health risk, the EPA determined that long-term or lifetime exposure to the colorless and odorless gas could lead to a variety of health problems, including lymphoma and breast cancer. For 30 years, the EPA has regulated EtO emissions; however, in 2016 new scientific information revealed that the chemical is more toxic than previously reported. In April 2023, the EPA proposed limiting the use of EtO after finding a higher than expected cancer risk at facilities that use it for sterilizations.

The EPA claims that it is working with commercial sterilizers to take appropriate steps to reduce emissions. It said that its proposal will reduce EtO by roughly 80% by targeting 86 medical sterilization facilities across the country. The companies will also have to test for the antimicrobial chemical in the air and ensure their pollution controls are working properly. EPA Administrator Michael Regan stated that the “EPA is taking action to ensure communities are informed and engaged in [all] efforts to address ethylene oxide…” The agency further stated that “it is committed to addressing pollution concerns associated with [EtO] ‘in a comprehensive way that ensures facilities can operate safely in communities while also providing sterilized medical supplies.’”

Raul Garcia from Earthjustice argued that “[now] that EPA has new information on precisely where the worst health threats are, the agency must use its full authority to… require fenceline monitoring at these facilities [and] issue a strong new rule.” She also stated that, “No one should get cancer from facilities that are used to sterilize equipment in the treatment of cancer.”

Amanda Garcia, Senior Attorney at the Southern Environmental Law Center, recognized that the Sterilization Services of Tennessee closing the Memphis plant is “a major victory for nearby neighborhoods who have been fighting for cleaner air.” She is “pleased that [the community] may soon be able to breathe easier.”  

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Toxic Tuesdays

Glycophosate

Toxic Tuesdays

CHEJ highlights several toxic chemicals and the communities fighting to keep their citizens safe from harm.

Glyphosate

Glyphosate is a chemical found in weed killer products such as RoundUpTM used on farms and home lawns. It gets absorbed by plant leaves, stopping plant growth within hours. Because of its effectiveness, glyphosate is found in widely used products that are easily obtainable. It is used all over the United States, but its highest concentrations are in the Midwest and Plains states. When glyphosate-containing weed killers are sprayed to kill plants, it can be inhaled and get on the skin. This can cause skin irritation and respiratory effects. People frequently working with glyphosate may be more likely to develop these respiratory effects. In scientific studies on animals, exposure to glyphosate during pregnancy caused developmental defects in the resulting offspring. Furthermore, there is concern that when combined with other chemicals found in weed killer products, glyphosate may have increased toxicity on humans.

Whether or not exposure to glyphosate increases the risk of cancer is inconclusive. The US EPA classifies it as not likely to cause cancer; however, the International Agency for Research on Cancer (IARC) concluded that it probably does. There have been allegations that large agrochemical corporations that use glyphosate in their products have close relationships with the governmental organizations that conduct the studies regarding glyphosate’s health risks. While more studies and risk assessments may need to be done to be certain of the risks, it is crucial that these studies are done transparently and without bias to protect and inform the public.

Learn about more toxics

Cyanide

Cyanide is a chemical usually found in compounds with other chemicals. Cyanide compounds can be

Read More »
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Backyard Talk

Environmental Justice for Overburdened Communities: A View from New Jersey

 Last year, the New Jersey state legislature passed a landmark environmental justice bill that requires the state’s Department of Environmental Protection to identify overburdened communities in the state and to evaluate whether facilities seeking operating permits pose a   disproportionate, cumulative environmental impact on these communities. Facilities located in the same census tract as overburdened communities are subject to this requirement and include facilities that are major sources of air pollution (as defined under the Clean Air Act); resource recovery facilities or incinerators; sludge processing facilities, combustors, or incinerators; sewage treatment plants with capacity over 50 million gallons per day; and certain kinds of landfills.
This important piece of legislation was signed into law by the governor making New Jersey the first state to require a mandatory denial of a permit for new facilities and to impose conditions on renewal and expansion permits for existing facilities based on environmental justice (EJ) concerns alone. A new permit will be denied for facilities “where an [EJ] analysis determines a facility will have a disproportionately negative impact on overburdened communities.”
An overburdened community is defined in this bill as any census block group that fulfills at least one of the following criteria:

  • At least 35% of households qualify as low-income
  • At least 40% of residents identify as minority or as members of a tribal community
  • At least 40% of households have limited English proficiency

A low-income household is one that is at or below twice the poverty threshold (determined annually by the US Census Bureau)
A household with limited English proficiency is one where no adult speaks English “very well,” according to the US Census Bureau.
The bill requires that a company that wants a permit for a new facility, an expansion of a facility, or a permit renewal for an existing facility and if that facility is located partially or completely in an overburdened community, then the company must do the following three things:

  1. Write an environmental justice impact statement that evaluates the unavoidable potential environmental and health impacts associated with the facility and  the environmental and health impacts already affecting the overburdened community.
  1. Provide the environmental justice impact statement to government entities and the Community.
  1. Hold a public hearing no sooner than 60 days after providing the environmental justice impact statement:
    • The public hearing must be publicized in at least two newspapers that serve the community (including one non-English language newspaper).
    • The notice of the public hearing must include: description of the proposed facility, summary of the impact statement, date/time/location of the hearing, address at which community members can submit written comments.
    • The state Department of Environmental Protection will post the impact statement and the information about the public hearing on its website.

At the hearing the company “shall provide clear, accurate and complete information.”
For a full text of the bill, go to: https://legiscan.com/NJ/text/S232/2020

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Backyard Talk

The Rachel Carson Amendment

Our colleague and friend Lou Zeller at the Blue Ridge Environmental League (BREDL) shared an article he wrote a few years back about the great pioneer Rachel Carson who wrote in her epic 1962 classic Silent Spring that “If the Bill of Rights contains no guarantee that a citizen shall be secure against lethal poisons distributed either by private individuals or by public officials, it is surely only because our forefathers despite their considerable wisdom and foresight, could conceive of no such problem.”
Lou continued. “The public outcry created by Silent Spring led to a ban on DDT from agricultural use in 1972. However, today the industrial use of poisonous substances continues almost unabated, based on regulatory risk assessments and legally acceptable death rates. For example, retail shops are still permitted to dry-clean cloths with perchloroethylene, a carcinogenic solvent, even though non-toxic alternatives are available. Household hand cleaners laced with toxic Triclosan contaminate wastewater and sewage sludge deposited on farm fields as fertilizer. Nuclear power plants routinely spew radioactive Tritium into the air and water. And chemical giant Monsanto sells the weed-killer Roundup to farmers and homeowners—components of which are carcinogenic and known to damage the liver, kidney, brain and lungs. The list goes on.
“How can it be that after the passage of two generations we have let this continue?  Worse, a new natural gas extraction industry—cracking underground rock with high-pressure chemicals and water—exempts itself from the few environmental, public health and safety laws still on the books. It is indeed a strange blight creeping over the land.
“The Fifth Amendment to the US Constitution states, ‘No person shall…be deprived of life, liberty, or property, without due process of law.’  The Fourteenth Amendment adds that the States may not, ‘deny to any person within its jurisdiction the equal protection of the laws.’ Rachel Carson’s Fable for Tomorrow painted a grim picture, but it was meant to prompt action.  In part, she succeeded.  But it remains to us to ensure that the next forty years complete the changes necessary so our legacy to future generations is not a silent spring.  Either the fundamental principles established under the Constitution mean what they say, or Rachel Carson’s admonition should become the 28th Amendment to the Constitution.”
I think Lou is onto something. What do you think?

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Backyard Talk

Residential Segregation and Disproportionate Exposure to Airborne Carcinogens

Researchers at Washington University in St. Louis published a paper late last year that found carcinogens present in the air of the St. Louis metropolitan area to be highly concentrated in Black and poor neighborhoods. They found that approximately 14% of the census tracks in the city had elevated cancer risk due to exposure to toxic chemicals in the air and that these air toxic hots spots were independently associated with neighborhoods with high levels of poverty and unemployment, and low levels of education. Census tracks with the highest levels of both racial isolation of Blacks and economic isolation of poverty were more likely to be located in air toxic hot spots than those with low combined racial and economic isolation.
This paper is important because the authors used an innovative geospatial approach developed by other researchers to identify spatial patterns of residential segregation in their study area. This approach captures the degree of segregation at the neighborhood level and identifies patterns of isolation of different metrics, which in this study was black isolation and poverty isolation. This approach differs from tradition methods that looked at the percentage of blacks or poverty in a neighborhood.
The authors used these two segregation measures – Black isolation and poverty isolation – to identify neighborhoods segregated by race and income in the St. Louis metropolitan area and evaluated the risks of exposure to carcinogens in the air in these areas. The cancer risk data came from the Environmental Protection Agency’s National Air Toxics Assessment and the census track sociodemographic data came from the American Community Survey. All spatial analyses were conducted using Arc GIS software.
These researchers found that census track levels of poverty, undereducation and unemployment were associated with toxic hot spots, while factors such as per capita income and median household income were inversely associated with toxic hot spots. These findings support other studies that identified disparities in exposures to ambient air emissions of toxic chemicals and that raised questions about whether residential segregation leads to differential exposure to air pollutants.
While the authors discuss a number of possible pathways connecting segregation and health, the relationship between segregation and exposure to air toxics is unclear. They discuss various factors that result in segregation leading to the “cycle of segregation” that includes neighborhoods with low social capital, few community resources and low property values which tends to attract more low income and minority residents and exposures to unhealthy air toxics.
The authors concluded that this study provides strong evidence of the unequal distribution of carcinogenic air toxics in the St Louis metropolitan area and that residential segregation leads to differential exposure to chemicals in the air that cause cancer.

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Homepage News Archive

Louisiana Environmental Activists Charged For Nonviolent Actions Targeting Plastics Giant

Two leaders from the long-time environmental justice community known as “Cancer Alley” in Louisiana were arrested on June 25th for peacefully protesting against the Taiwanese petrochemical company, Formosa Plastics. The company plans to build a plastics manufacturing facility in the backyard of a predominately Black Louisiana community that has already experienced large health detriments from polluting industries in their community. Read More
Photo by: Ron Moyi/Louisiana Bucket Brigade

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Backyard Talk

A Pandemic of Pollution

The death toll due to Covid-19 passed the 90,000 mark in the United States this week. This is a truly staggering if not sobering number that raises many questions about how we as a nation respond to this incredible loss of life. These are not just numbers, but people – someone’s mother, father, brother, sister, grandfather, grandmother, uncle, aunt, friend, lover, child… The daily news boils this down to statistics. Numbers of new cases and deaths are reported each day before the newscaster moves on to the next story. Are we normalizing this staggering loss of life? Even worse, are we accepting it?
Yet I look at the leadership of this country and I don’t see people who empathize with those who have lost someone to this deadly virus. I don’t see people who are taking steps to minimize the impact of this insidious virus.
There is still much that we don’t know about Covid-19 and its effects on people, but it is becoming quite clear that low income residents and people of color are disproportionately impacted by exposure to the coronavirus. It’s also become clear that underlying health conditions, such as respiratory problems like asthma and COPD; diabetes, high blood pressure, immune diseases like lupus multiple sclerosis make people more vulnerable to covid-19, not just among the elderly, but among people of color and others with these diseases.
Why then is the USEPA doing all that it can to dismantle (repeal or weaken) regulations that protect people’s health. A report released today by the Senate Environment and Public Works Committee describes how specific actions taken by EPA to weaken or repeal air pollution rules and regulations will “harm public health and potentially add to COVID-19 risks.”
The report specifically points to seven rules that were initially designed to remove greenhouse gas, soot, mercury and other pollution from the air that the agency has targeted and proposed or finalized actions since March 1st that “will result in increased air pollution and could cause tens of thousands of premature deaths. EPA has, in short, unleashed a pandemic of pollution in the middle of an actual pandemic, the respiratory effects of which may be amplified by pollution exposure.”
The committee is clear that the agency should reverse its deregulating efforts and strengthened rather than weaken the country’s air pollution laws and regulations, and take steps to address the Covid-19 specific risks posed by air pollution. In the committee’s words:
“EPA should re-focus its enforcement, compliance and monitoring activities in a manner that prioritizes the early detection of high exposure to air pollutants in communities that have both historically experienced such exposures and those at greatest risk of adverse outcomes from COVID-19.”
This and other recommendations made by the Senate Committee offer hope that we will not accept 90,000 deaths and counting as the cost of doing business in the United States. There are steps we can take to reduce and minimize the impacts of Covid-19.
Read the full report here.

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Homepage

Minnesota Bans Toxic Chemical TCE

Minnesota has become the first state in the country to ban the toxic chemical TCE. The chemical is known to cause cancer and birth defects and has been released from Water Gremlin into the air for nearly 15 years within the White Bear Township. Minnesota Governor Tim Walz signed the ban of TCE on Saturday and companies within the state will have until 2022 to find an alternative product to use in its place. Read More.

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Homepage News Archive

Staying Home Isn’t Safe When Surrounded by Pollution

I look out my window every day and see that plant putting out black smoke, dark clouds of smoke. And now we’ve got this virus going on. I joke we’ve got a double whammy going on, but this is serious. We were in battle over here. We’ve got a war going on. Keisha Bowns interview with Katherine Webb-Hehn a freelance multimedia journalist in the South.
 

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Homepage News Archive

‘Cancer Alley’ Has Some of the Highest Coronavirus Death Rates in the Country

As predominately Black communities in the polluted areas along the Mississippi from New Orleans to Baton Rouge face heightened risks from COVID-19, the EPA has suspended enforcement of the environmental rules designed to protect them.  Read more.

Motherboard, by Sophie Kasakove