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Train Derailment in NJ: More of the Same – No Cause for Alarm



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Paulsboro train derailment.



How many times have we heard the same refrain from government leaders and scientists involved in community wide exposures such as the recent train derailment in Paulsboro, NJ that released 23,000 gallons of vinyl chloride into the air? “There’s no cause for alarm, we have everything under control.”

If only this were true. Instead, many of the hundreds of people in the 27 block area that was evacuated remain frustrated by the lack of answers to their questions about health effects and accountability. This frustration is driven by how government leaders and scientists evaluate health risks and by the many uncertainties about what is known about the short and long term health effects of being exposed to vinyl chloride or other chemicals. Scientists can estimate risks and give their opinions, but we simply don’t know what’s going to happen to the health of the people who were exposed to vinyl chloride in the aftermath of this accident. Yet this is exactly what people want to know – what’s going to happen to their health or to the health of their children as a result of this accident?

Here’s what we do know. We know that vinyl chloride is a human carcinogen and that it damages the liver and central nervous system; that more than 200 families within a half mile of the accident site were evacuated; that the Coast Guard and other authorities acted swiftly in evacuating the homes immediately surrounding the site of the accident; that the train pulling 84 cars derailed on a bridge over Mantua Creek; that seven rail cars derailed; 4 contained vinyl chloride; one ethanol; three fell into the creek; and one ruptured releasing vinyl chloride into the air (see photo).  We also know that 10 days later most people are back in their homes with assurances from the local authorities that everything is fine.

This is not surprising because it’s the practical thing to do. But what was the scientific basis for this decision? Air samples taken by EPA on December 8th and 9th from throughout the surrounding neighborhood found vinyl chloride in every sample taken. Eight of the nine samples exceeded the EPA’s one-in-a million cancer risk value (EPA’s trigger level for action). Yet people are back in their homes. EPA’s interpretation of this data is that is that the results are within the agency’s “acceptable” risk range, which varies by a factor of 1,000. This is a ridiculously large risk range that has no meaning in protecting public health.

So the stalemate is set up between government leaders and scientists telling people that everything is fine and a frustrated community that has no answers. Given this dynamic, it’s not surprising that 54 residents filed suit this week against Conrail and CSX for damages. What they want is medical screening for early detection of life threatening medical conditions linked to vinyl chloride. This is actually a reasonable response to the many uncertainties that exist in the scientific understanding of what will happen to the health of the people exposed to toxic chemicals such as vinyl chloride.

Had the government leaders and scientists in Paulsboro recognized the scientific uncertainties and more honestly acknowledged how little is known about chemical exposures and health outcomes, there may have been a more satisfying resolution. A resolution that might have included practical steps forward such as medical screening for early detection of medical conditions linked to vinyl chloride. Testing that should be paid for by the companies responsible for the accident and who own the chemicals.

As long as decision makers continue to protect the companies responsible for area-wide chemical exposures such as what occurred in Paulsboro, this scenario will continue to play out as it has since the days of Love Canal more than 30 years ago. Isn’t it time we publicly acknowledge what we don’t know about exposures to toxic chemicals and stop deluding ourselves that using risk estimates that define “acceptable” exposures is the best way to manage toxic chemicals? There is no acceptable exposure if you‘re the one being exposed.

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If People Were Treated like Corporate Profits – Maybe We’d Be Safer

Today families, school children, hundreds of residents were evacuated again from the area around the train derailment in Philadelphia, Pennsylvania which sent a cloud of vinyl chloride into the air early Friday. This event is yet another example of how our federal and state governmental agencies fail to respond in a health protective way. They failed to gather enough data to clearly, scientifically and honestly say to families it is safe to go home. They shot from the hip—said it was safe and they were wrong.

Imagine on Friday all of the schools were in lock down – meaning no one could leave or even open the doors and the homes and businesses around the accident were evacuated. Other than 48 homes closest to the accident, people were told they could go home. Sunday people went to church, children played outdoors in the unseasonably warm weekend riding bikes, climbing on swings at the playground and more. People were assured the risk had been eliminated and they are safe.

Today . . . Monday test results revealed that the area is not safe and schools were closed and homes and business were once again evacuated. This, it’s dangerous—not dangerous seesaw announcements, by trusted health authorities happens time and time again in every state. We’ll never know what that unnecessary vinyl chloride exposure to local small children and families did to their health. Vinyl chloride is a very dangerous chemical that causes cancer and nervous system damage. After 31 years of watching innocent families being victimized by corporation and then victimized by their own government authorities that are suppose to protect them, I am ready to scream. Why is it that chemical exposures are responded to with such casual concerns? Why can’t or won’t the authorities take precautionary steps when it comes to the health of innocent Americans?

I know when I ask this question of government health authorities they said because, the problem is contained. Moreover, we know who was exposed and who wasn’t and unlike infectious disease or contaminated food products it won’t reach beyond the physical area.

What is shocking is that somehow; those in charge of our health and environmental protection think this casual approach “because it’s contained” is acceptable. I don’t. There is no real urgency to accidents, spills or on-going pollution because it’s contained and what the authorities don’t say is it impacts on the responsible corporations’ bottom line. What about the American families’ bottom-line? They want protection, warnings, sound scientifically based information. They shouldn’t have to pay with their wallets and health.

Odd as it might seem, I sometimes wish people were treated like corporations profits. If that was the case PA families would not have been told to return home when it wasn’t safe.

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Backyard Talk

Petrochemical America: Picturing Cancer Alley

Last month, when news outlets around the country covered our press event revealing toxic phthalates in children’s Back To School supplies, we were proud of the work we’d done. Tens of thousands of Americans had been educated about how to avoid real risks to their children’s health.

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Abandoned trailer, Mississippi River, Near Dow Chemical Plant, Plaquemine, LA, 1998. From Petrochemical America, photographs by Richard Misrach, Ecological Atlas by Kate Orff (Aperture 2012).

But as so often happens, absent from the coverage were the stories of the people who live near the chemical plants that produce the vinyl, whose land, air, and water has been harmed for decades by some of the most profitable companies in the world.

This month, CHEJ is proud to help present those stories in a way they have never been presented before.

Petrochemical America: Picturing Cancer Alley is a groundbreaking new collaboration by photographer Richard Misrach and landscape architect Kate Orff, debuting at Aperture Gallery and Bookstore in NYC tonight. Through haunting photographs and innovative composite images employing ecological and sociological data, gathered over the course of 14 years on the banks of the Mississippi river in Louisiana, the book and gallery exhibition provide a moving and deeply informed portrait of the American “sacrifice zones” upon which our use of plastics, oil, and gas depends. Read more about Plaquemine, LA, pictured above.


For those in New York City, we invite you to attend two free, upcoming gallery events:

  • Tuesday, Sept. 25th, at 6:30pm: A panel discussion with our own Mike Schade, joined by Ms. Orff and Wilma Subra of the Louisiana Environmental Action Network.
  • Tuesday, Oct. 2nd, at 6:30 pm: A talk and screening of the excellent and darkly comic film Blue Vinyl, with author David Rosner and landscape designer Gena Wirth.

Both events are free and include access to the exhibit. They will take place at Aperture Gallery and Bookstore, 547 West 27th Street, New York, NY.



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Human mismanagement is turning lush cypress trees into ghostly poles, jeopardizing Louisiana’s bayou ecologies, local economies, and cultures. Requiem for a Bayou. From Petrochemical America, photographs by Richard Misrach, Ecological Atlas by Kate Orff (Aperture 2012).


For our supporters around the country, we encourage you to explore the content of the book and consider purchasing a copy. Aperture Foundation is nonprofit, and book sales help sustain its exhibitions, books, and magazine.

As we continue to advocate in New York City to get PVC out of new construction, renovation, and school supplies in our public schools, projects like Petrochemical America help us and our supporters keep in mind the full scale of what’s at stake in shifting to a safer, more sane, and more just material economy.

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Backyard Talk

Identifying Disease Clusters – What Comes Next?

It’s hard to say how many disease clusters have been identified. The website of the National Disease Cluster Alliance (NDCA) which held a national conference last week has a map that identifies 73 clusters. Several people attending the meeting pointed out that their cluster was not on the map and there are no doubt many others not on the map. While identifying clusters is an important step, knowing how to respond and what steps to take once a disease cluster (even a suspected disease cluster) has been identified is, perhaps, more important. This and other questions about disease clusters were discussed at a National Disease Cluster Conference held in Washington, DC last week by the NDCA.

It was clear from several presentations that no guidelines exist for what action steps a government agency should take once a disease cluster has been identified. This is a big problem, especially since most health agencies typically close their investigation once a cluster has been identified, concluding that they could not determine the cause of the cluster. This is not the time to walk away from a community that is struggling to determine not just whether a disease cluster exists, but what‘s causing it as well.

There are plenty of examples of communities where a disease cluster was identified. There is the cleft palate cluster in Dickson, TN, increase cancers in Clyde, OH, and childhood cancers in Toms River, NJ, Sierra Vista, AZ and Fallon, NV to name a few (see NDCA map). There are few examples, however, of agencies being able to identify the cause of the cluster. Woburn, MA is the exception as the state health department was able to identify contaminated drinking water wells as the cause of a childhood leukemia cluster.

No doubt determining the cause of a disease cluster is a difficult question to answer. It took the MA state health department over 10 years to conclude that the contaminated drinking water wells were the cause of the cluster in Woburn. But because it’s difficult is not reason enough for public health agencies to walk away. This is unconscionable and irresponsible. Public health agencies need to come up with an action plan for how to follow-up the finding of a cluster. Part of the response needs to include an environmental investigation into what may be causing the cluster. In addition, the community would likely benefit from the distribution of educational materials about the disease in question and the methods used to investigate clusters and their causes. Whatever follow-up occurs, the government needs to include from the very beginning of the process the affected community as part of the planning group directing the investigation.

One example highlighted at the conference was the work of Dr. Paul Sheppard from the University of Arizona who conducted an environmental investigation following the identification a childhood leukemia cluster in Fallon, NV. Between 1997 and 2004, 17 children living in Fallon were identified with leukemia, three of them died. For three years Sheppard studied heavy metals in air, especially tungsten which had been identified as increased in Fallon. Sheppard used tree leaves and tree rings to measure tungsten and found a high concentration of tungsten in the center of Fallon, the home to a tungsten refinery and a tungsten plant since the 1960s.

Although Sheppard was unable to prove that exposure to tungsten caused the increase in leukemia, his work has clearly related the two. His work provides a model for how to follow-up finding a disease cluster. Investigating environmental exposures in a community with a cluster makes perfect sense. Now we need to convince the public health agencies that they need to include this step in as part of their responsibilities. For more about the conference, see www.clusteralliance.org.

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Backyard Talk

Love Canal Déjávu – Ground Hog Day?

I couldn’t believe what I was hearing and seeing when I clicked on a link that connected me with a news story about Love Canal by the local ABC TV station in Buffalo. There in front of a camera was a young woman who reminded me of myself 35 years ago. Christen Morris talked about chemicals that have become visible, about trees dying, pets with cancer and growths, and many people who are sick.

I can remember saying those same words, making that same case in 1978 to EPA and the NYS Department of Environmental Conservation. Wow. At the same time as Ms Morris and others were speaking out about problems in the neighborhood, classmates who attended the 93rd Street School were sharing notes. 93rd Street School was located in the northern part of the community, and also demolished due to contamination. Former students, at a class reunion, began exchanging notes about how sick they were finding common concerns and disease. They believe their health related problems might be linked to exposure to Love Canal chemicals during their elementary school years.

Former student Laura Racine said, “I went to the reunion and decided to seek out all the kids that went to the 93rd Street School with and see if they were having health issues as well. And nine out of ten of them were having health issues.”

It is so hard to watch these news stories. It has never made any sense to me or other former residents of the area, why the state and federal government insisted on repopulating the northern part of the evacuation area or why they refused to follow the young children from both 99th and 93rd Street Schools. These are innocent people who were children and whose parents were assured that no long term health problems were likely. The public was assured that Love Canal was cleaned up, when actually the 20,000 tons of chemicals are still there, still in the center of the dump. Only a clay cap and trench system to capture anything that might move out horizontally was put in place. There’s absolutely no science that supports the government’s theory that the chemicals will stay put. All landfills leak and Love Canal is no exception. In fact, the Love Canal dump has no bottom. So, it leaks chemicals out the bottom every time the Niagara River levels drops . . . like in August for example.

The families living around the dump are not to blame. So many people want to – blame the victims. People were assured by every imaginable government agency that everything is fine. The most frequently used phrase to people who inquired was, “Love Canal is the most tested neighborhood in the country.” Of course that doesn’t mean its safe but those words along with assurance of safety people became convinced.

It will be painful to watch the new effort unfold as families with sickness and questions struggle to get those answers. I plan on helping where I can. To see recent news story click here.

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Backyard Talk

Cancer-Free Product Labeling – What Do You Think?

It’s no secret that market campaigns have been very effective in changing corporate behavior when in comes to using toxic chemicals. Some of the world’s largest retailers, corporations and major institutional purchasers like schools have changed their purchasing and chemicals policy to avoid harmful chemicals, like PVC, phthalates, dioxin and bisphenol A (BPA). Consumers have helped move Wal-Mart, Target and K-Mart away from products and packaging with PVC the poison plastic.

The idea is to use consumer purchasing power to change corporate behavior to protection public health in lieu of traditional government regulations. Last week, a Florida Democrat took this philosophy to a new dimension when he introduced federal legislation that would require companies to label their products “cancer- free” if they do not contain any known or suspected carcinogens.

Rep. Ted Deutch described this legislation as a common sense measure that would provide clarity for consumers. “We all know that using sunscreen, quitting smoking and steering clear of asbestos can reduce our risk to cancer,” Deutch said when he introduced the bill, “but when it comes to limiting exposure to carcinogens that may be found in everyday food and products, consumers are largely kept in the dark.”

The Cancer Labeling Act of 2012 will enable consumers to reduce their exposure to carcinogens by allowing manufacturers to affix a Cancer-Free label to products that do not contain known or probable carcinogens through a voluntary process that does not require public disclosure of trade secrets. The issued label would state that the product “does not contain known or likely carcinogens that increase your risk of cancer.”

Companies would apply to the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC) seeking approval to label a product under the jurisdiction of the agency. The application must include a list all substances in the product; a statement that the product does not contain any known or suspected carcinogens; and a statement that the product does not contain any substances that display carcinogenicity upon degradation, upon interaction with other substances contained in the product or exposed to the product during storage or transportation, or during intended use. Use of the label would be voluntary and the process would not require “disclosure of trade secrets.”

Deutch said the bill will allow consumers to make informed choices about the products they purchase. “Just as consumers who refused to buy baby products laden with BPA nearly wiped this chemical off the shelves,” Deutch said, “the Cancer Free Label Act will harness market forces to drive change and ultimately reduce Americans’ everyday exposure to known carcinogens.” If only it were that easy. What do you think? Is this a good idea or not?

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Backyard Talk

Stop The Madness – You're Hurting Our Children

The future of our country will be the hands of our children.  But what does that mean?  We can raise our children with values and ethics and teach the basic lessons of life, encourage learning and education.  Yet our children and our future children are at risk of not being able to lead our country. Our children risk not being able to succeed in business, in society because of the environmental chemicals that they are exposed to every single day.  Chemicals are leaching from the floors that they crawl on as infants, beds that they sleep on nightly or the toys they play with and put into their mouths, all release dangerous chemicals.  What will their future be like?  How can our country grow and prosper or compete in the global economy?

Recently the Center for Disease our federal health agency reported that 1 out of every 88 American children is affected by autism. That is a 78% increase in autism since 2002 and 23% increase since 2006. As if that is not bad enough, the agency also reports that 14% of American children are affected by Attention Deficit Hyperactivity disorder (ADHD).

Of course not all of these problems are the result of chemicals in a child’s environment but a good percentage are.  Looking at the chemicals that are in every day products, ones that are linked to these particular diseases, it is clear society can prevent the harming of children.  PCBs, for example are fond in our environment, in lighting and windows of schools built before 1980.  Lead is found in toys imported from other countries; paint in older building, homes, play grounds and around various industrial sites.  Brominated flame retardants are in mattresses, pillows, clothing and all types of furniture. Also there are Endocrine disruptors like phthalates found in PVC products that are all around us in flooring, toys, pipes, shower curtains and binds.

Not a single one of these chemicals in products are necessary for life or for comfort.  Every one of them can be taken out of children’s environment today.  We know how, and we know where to find and remove these threats.  We are just lacking the political will.

Our politicians need to stop the madness and find the conviction and courage to stand up to Corporate America and say no more . . .”Our children will no longer be sacrificed.”

If I as a parent deliberately, knowing harmed my child I would go to jail, yet in America corporations are above the law and spend huge amount of money to keep their unsafe product from being eliminated in our marketplace and environment.

Just look at the statistics above or the rising cancer incidence in children across the country.  This is an election year where we have a chance to ask the hard questions and vote out of office those that intend to harm our children to protect corporate interests.  Everyone needs to get involved, today, so that we together can reverse the trend and protect our futures. For more information

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Ohio Grassroots Call Out Lies of the Ohio Oil and Gas Association

During recent testimony on Ohio Governor Kasich so called “energy bill”, Tom Stewart, vice-president of the Ohio Oil and Gas Association testified that Ohio has the highest quality crude oil known to be produced in the world.  He testified that the crude is highly paraffinic and that they skim off the paraffin at the refineries to make candy out of it and also use it for coating on items like Advil and M&M’s.

Members of Frack Free Ohio sent Mr. Stewart some personalize M&M’s that read “Don’t Frac Ohio, Complements of Frack Free Ohio” and also posted on Mar’s Facebook page demanding to know if it is true that paraffin from crude oil is used to make the coating on M&M’s.  This morning a member of Frack Free Ohio received this from the company;

M&M’s U.S.A.
“Only high quality ingredients that meet or exceed all federal standards are used to manufacture M&M’S® Chocolate Candies. Only materials made from natural plant sources are used to coat the outside of the candies. Any information to the contrary is inaccurate.”

People should go to M&M’s Facebook and ask the company to either admit to using well paraffinic from oil and gas wells or to request a public apology and retraction from Tom Stewart. Here is M&M’s Facebook link http://www.facebook.com/mms

Here’s summary of the transcript of Tom Stewarts testimony:

Let me give you a good example. If you have a gas well, that flows naturally, but it produces some water, and if you don’t maintain that well, in such a way, the water will build up and creates hydrostatic weight in the formation and the well will stop producing.

You got a couple ways you can solve that problem. You can go into the well and swab it out, you can try putting pump equipment and get it to pump out, or you can try to get the well to flow again. Here’s how a producer gets it to flow again, he goes to the grocery store and he buys, Tide, and he puts it down the backside of the well which causes it to bubble up and foam up, lighten the fluid and the well flows.

So to ask the question, what do you want me, as a producer, to give you the CAS number of… Tide? ‘Cuz it’s something that’s put down the well and it’s stripped and brought back.

You’re pumping the well (unintelligible) with pump jacks, they’re actuated by separate rods connected to a bottom hole pump where the bottom of the tube is four thousand feet deep in the ground. You’re pumping that well, over time, scale builds up on the balls and seats that actuate the pump. . . You can put scale remover down the, uh, back side of that well, pump it up through the tubing, it eliminates the scale you don’t have to pull the well or the tubing for it pump. Ohio produces, probably the highest quality crude oil known to be produced in the world, it’s Penngrade 38 degree oil.  It’s highly paraffinic, they actually skim the paraffin off in refineries and make candy out of it, they also make, the coatings on Advil and M&M’s, so when you’re eating your next box of M&M’s, you’re eating crude oil.

And here is the You Tube link to word for word testimony.  Click here: Tom Stewart Testifies at Ohio Statehouse – YouTube

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Backyard Talk

Know Nukes Y'All Summit

Learn about all aspects of nuclear energy and network with activists by attending the Know Nukes Y’All Summit in Chattanooga, TN from June 28th to 30th.  National experts, such as David Freeman and Dave Lochbaum, will be speaking at this Southern regional grassroots gathering.  The event is sponsored by 15 national and regional groups.  To register ($40 including meals), go to knownukesyallsummit.org or call 828-252-8409.

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EPA Caving To The Chemical Industry-Election Year Posturing?

I can’t help but wonder if President Obama is posturing for re-elections trying to appease the all powerful oil, gas and chemical industries. It’s been over two years since the USEPA released their preliminary clean up goals for dioxin. These are clean up goals or levels that can be left in soil, and were based upon scientific studies that looked at non cancer effects. Health effects like birth defects, learning disabilities, miscarriages and more.

After EPA published the clean up goals they went to the Office of Budget and Management (OMB) where they sat for nearly two years. I had the opportunity to meet with OMB staff working on the dioxin goals and walked away angry and frustrated. I rename the agency the Office of Mannequin Bodies because no one would say anything–literally.

Today, EPA announced that they have withdrawn the clean up goals from OMB and will essentially abandoning them. This means that every state will use the scientific report, released in February of non-cancer dioxin effects to set their own guideline. Unbelievable, since today EPA has the scientific report (released in February) to support their proposed clean up goals. What this means is in each state the corporations will come to the table ready to play Monty Hall’s “Let’s Make A Deal!”

So states with big corporations ruling the governance will deal a whole lot different than those with stricter regulations and public support. Some sites could be cleaned up to protective levels, and others well . . . who knows.

In the simplest format of Let’s Make A Deal, a trader is given a prize of medium value (such as a television set or in this case a almost good clean up), and the host offers them the opportunity to trade for another prize. But a poorer state with little money and political influence could get “Zonked” an unwanted booby prizes, which could be anything, fake money, fake trips or something outlandish like a fake clean up.

Communities deserve equal protection from dioxin, one of the most toxic chemicals on the planet. We know the chemical industry has invested significant resources lobbying against EPA’s proposed cleanup levels. Is EPA caving into the chemical industry during an election year? What is going on here? All of a sudden EPA has withdrawn them from OMB review, without any public notice or participation.

We call on EPA Administrator Jackson to move swiftly to finalize and release final dioxin cleanup guidelines once and for all, especially now that the non-cancer health assessment is complete. Infants and young children are already being exposed to dioxin levels higher than what EPA considers acceptable.