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Backyard Talk

Grassroots Green Hero: Rev. Charles Utley

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Reverend Charles Utley in his Office, Augusta, Georgia (Photo by Rev. Utley).
Reverend Charles Utley in his Office, Augusta, Georgia (Photo by Rev. Utley).

Reverend Charles Utley, born in Waynesboro, GA, is the Associate Director and Environmental Justice Campaign Director at BREDL (Blue Ridge Environmental Defense League). He spent all of his childhood and young adult life in the Hyde Park Community, set next to a toxic waste site in an industrial area of Augusta, GA. When he left for Vietnam in 1966, his parents started organizing their community to improve their neighborhood with The Hyde and Aragon Park Improvement Committee, the oldest organized community according to IRS records. They fought for public water and sewer systems, paved streets and streetlights, spearheaded by Mary L. Utley, Charles Utley‘s mother.

‘It would be years later after all of these necessary things were achieved and my parents were deceased, I succeeded my mother’s role as community president. It was in the mid-1970. We found out that there was contamination in our community from a wood treatment plant (Southern Wood Piedmont Company). From this point on we were faced with cleaning up our community’, Utley writes in our interview.

The U.S. Environmental Protection Agency (EPA) conducted many studies in the area that resulted in seeking ways to get the community relocated. After approximately 25 years of community organizing, the Hyde Park Community is now finally being relocated. Reverend Utley helped organizing his community around this very topic.
Any movement has to deal with setbacks from time to time. The Hyde Park Community around Rev. Utley had to fight with constant disagreements of the commissioner concerning the severity of the contamination – even though it had been proven to be contaminated by Brownfield Projects by the EPA. Officials refused to take action for over 30 years. The community had not been notified about any environmental issues in their homes, so they decided to do their own investigation.

‘The local officials did very little in our fight to provide assistance with our efforts; however, the community was able to receive two Brownfields Pilot projects without the assistance of the city of Augusta. Additional assistance came from EPA and ATSDR (Agency of Toxic Substance and Disease Registrar) who provided us with a health study that was conducted by our local health department.
The city engineering department needed a place for a retention pond for water runoff and to assist the residents by using Hyde Park for the project’.

Since the community did not receive any help from the city and has been exposed to contamination for decades, there are many community members who are sick, mainly with cancer related issues and respiratory problems. Even 40 years after Utley took over as community president, issues are found among Hyde Park residents.

‘Our fight is a continuous fight because we have not reached full fruition. There are many residents who have not been compensated for their property who are homeowners. Therefore, the community has not given up but has continued to fight until all of our rights as citizens are received, which also includes long term health care’.

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Charles Utley talks about what he says is the unfair treatment he has received from the city regarding the purchase of his Hyde Park properties during a news conference in September. Utley was a major player in a decades-long fight to clean up contamination from area industries at the site. (MICHAEL HOLAHAN/THE AUGUSTA CHRONICLE)
Charles Utley talks about what he says is the unfair treatment he has received from the city regarding the purchase of his Hyde Park properties during a news conference in September. Utley was a major player in a decades-long fight to clean up contamination from area industries at the site. (MICHAEL HOLAHAN/THE AUGUSTA CHRONICLE, 09/13/16)

Media coverage was one of the primary ways the community was able to get their story out to the public. The response to the community has been one of the things that caused the relocation to take place. They have received help from local and regional organizations for their plight, which includes the book Polluted Promises by Dr. Melissa Checker, and two documentaries.
Charles Utley is the Associate Director and Environmental Justice Campaign Director at BREDL. He says that BREDL has been a supporter for his community from the beginning of their struggle. They provided assistance with their staff, community programs and workshops. They are involved until the whole community has received the justice it deserves.
For people who want to help their community, he recommends staying focused on the major issue(s) and to understand that if you do nothing, then nothing will be done for your cause. Therefore, each individual in the community must be committed to the cause. The Hyde Park Community needed assistance in getting the word out to other organizations, to tell them that the struggle is not over and that their assistance is still needed. They sent letters to The Richmond County Commissions and Mayor Harry Davis, urging that the issues still needed to be addressed. But the fight goes on as homeowners have yet to receive the just compensation that was promised by officials.

At the end of our interview, Rev. Utley said that the vision that his parents had for the Hyde Park Community was what formed his organizing ground. Community organizing has taught him that success may not come immediately but that being persistent in your work will pay off eventually.

‘Above all, you must put your trust in Jesus Christ’.

Look up BREDL at http://www.bredl.org/ and see if there is a Chapter in your area. Get the help you and your community deserve with organizations like BREDL and CHEJ!

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Backyard Talk

EPA to Remove Dioxin-Laced Contamination from River in Houston

san-jacinto-picture
 Congratulations to the San Jacinto River Coalition of Houston,  Texas and residents who live near the San Jacinto Waste Pits  Superfund Site for convincing the US Environmental Protection  Agency (EPA)that the only acceptable solution to address the  dioxin contaminated paper mill sludge waste in the pits was to dig  it up and take it out! At the end of September, the EPA agreed after  more than 6 years of controversy and analysis, to remove about 202,000 cubic yards of toxic waste from the site at a cost of approximately $97 million. The decision is not yet final as the agency is holding a 60 day comment period.
This site is located on 20 acres of abandoned land along the San Jacinto River that runs just east of the city of Houston. Sludge waste from pulp and paper mill production at nearby International Paper and before them Champion Paper was dumped at this site during the 1960s and has been leaching from the waste pits into the river ever since. A large portion of this property is continually underwater from the San Jacinto River causing dioxin contaminated sediment to come into direct to contact with the river water. Dioxin levels as high as 46,000 parts per trillion (ppt) have been found in the waste pit area. An action level of 1,000 ppt of dioxin in soil was used by the EPA to evacuate the entire town of Times Beach, MO in 1983. Dioxin is one of the most potent carcinogens ever tested and has been associated with a wide range of adverse health problems including reproductive, developmental, immunological, and endocrine effects in both animals and humans.    
The San Jacinto River Coalition formed in 2010 to address the contamination coming from the Waste Pits and to push EPA for complete removal of the contamination. EPA was inclined to leave the waste in place which made absolutely no sense to anyone who lived in the area as local residents watched the river routinely submerse the waste completely. A major concern has been dioxin leaching into the river because so many people fish the river and continue to do so even though the state has issued a fish advisory warning people not to eat the fish. For many local residents, fishing in the river is a main source of food.  
Jackie Young, director of the San Jacinto River Coalition was elated at the agency’s decision and was quoted in the Houston Press saying: “Leaving the waste in the river is unacceptable…This decision shows that the EPA is taking a firm stand based on the science and engineering and what the community has called for.” Sometimes the little guy does win. For more information, http://www.sanjacintorverwastepits.com/ and https://www.epa.gov/tx/sjrwp 

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Backyard Talk

Water Pollution – What’s it All About?

Wetland Water Sample USDA
Our water in the US is supplied by lots of sources. Groundwater makes up about 25% of water used, while surface sources like rivers, lakes, or reservoirs make up the remaining 75%. Most of our water is used for thermoelectric purposes, irrigation and public supplies (2005). But water is also important for industry and farming, since it can be used for almost every step of producing everyday goods like food, paper, chemicals, petroleum, or metals. The water cycle doesn’t end there, though. The water used in production needs to flow somewhere, and a lot of times it goes back into rivers.
In a 2004 fact sheet by the Environmental Protection Agency (EPA), US water sources were declared too impaired by pollution to support their use: ‘In 2004, states reported that about 44% of assessed stream miles, 64% of assessed lake acres, and 30% of assessed bay and estuarine square miles were not clean enough to support uses such as fishing and swimming. Less than 30% of U.S. waters were assessed by the states for this report. Leading causes of impairment included pathogens, mercury, nutrients, and organic enrichment/low dissolved oxygen. Top sources of impairment included atmospheric deposition, agriculture, hydrologic modifications, and unknown or unspecified sources.’
Knowing the numbers is one thing, but knowing what that means for the general public is another. What does it mean to live near a contaminated river or reservoir? If the pollution exceeds a certain level of concentration, it means that your community’s main water source is not fit to drink. More than 100,000 miles of rivers and streams in the US have poor water quality due to factory farming. One single agricultural company, Tyson Foods, causes 104 million pounds of pollution in our surface sources of water within four years. One can only imagine the impact that the whole of US agriculture must have on our water supplies – not to mention other industries and big oil.
With public awareness growing and environmental movements on the rise, how can industrial and agricultural pollution still happen at this large scale? A big portion of water pollution is backed by outdated policies or lack of those that control the amount of pollution. Policies that do exist are enforced poorly and inconsistently which lets industries bypass or ignore laws. Unplanned industrial growth and a number of small scale industries with lack of funding for better technologies influence water quality as well. Often times, it is lower income and marginalized communities suffering the most.
The main issue that stems from water pollution is the impact on health. Polluted water can contain chemicals like fertilizers and pesticides, industrial wastewater, heavy metals, and even radioactive waste. The impacts on communities can be dreadful, and ecosystems are being harmed beyond repair. Failing ecosystems put a strain on many parts of our modern day lives. Fish living in contaminated waters can easily ingest pollutants and carry them into the natural food chain. Habitats are being lost and species are on the brink of extinction, major disasters like oil spills damage public and private properties. The list of consequences seems endless. We all know that coming in contact with these pollutants can cause diseases like cancer, painful rashes, issues with liver and kidney, and disturbance of the nervous system. Children are especially vulnerable: In the Flint water crisis, officials found lead levels in the water causing low IQ, shortened attention span, and increases in violence and antisocial
behavior. It can adversely affect major organs of the body and the effects are irreversible.
All these facts might feel almost insurmountable. But let’s focus on what we can do to change the way people look at our water, and to reduce pollution and the effect it has on our lives. There are many approaches to help keep our water sources clean.
Look at your own water footprint and the footprint of the food you’re eating and the goods you’re using. See what you can change about your lifestyle that would reduce it. See how we impact our water sources.
Look for companies that use environmentally friendly methods and sell biodegradable products instead of chemical cleaners and harming industrial practices. Buy local.
Advocate for your cause. If you change opinions of your friends and family, and if you educate them about water and all the issues revolving around it, they might do the same. It only needs a small number of people to start a movement. Spread the word.
Join an organization, donate or volunteer.  See what you can do in your community. Join CHEJ and help communities affected by pollution
Learn about our water sources and how they are used, who influences them and who uses how much.
Check out these links to learn more:
http://saveourwater.com/conservation-lifestyle/
https://www.americanrivers.org/category/clean-water/
https://www.americanrivers.org/category/restore-rivers/
https://www.americanrivers.org/threats-solutions/clean-water/sewage-pollution/
https://www.nrdc.org/issues/water-pollution
https://insideclimatenews.org/news/05062015/fracking-has-contaminated-drinking-water-epa-now-concludes
https://www.nrdc.org/sites/default/files/fracking-air-pollution-IB.pdf

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Backyard Talk

The New Lead – Perfluorinated Compounds (PFCs)

It’s bad enough that lead is making headlines everywhere, but now a new group of chemicals is showing up in drinking water across the country – in Portsmouth, NH, Hoosick falls, NY, Scottsdale, AZ, Colorado Springs, CO, Decatur, AL, Bucks County, PA, Cape Cod, MA to name a few places. These chemicals are called perfluorinated compounds, or PFCs and they first generated headlines in the 1990s when they contaminated the drinking water for 70,000 people of Parkersburg, WV where a DuPont plant made teflon and related products for decades. Exposure to these chemicals is linked to developmental delays in children, decreased fertility, increased cholesterol, changes in the immune system, and cancer (prostate, kidney and testicular).
PFCs are quickly becoming the “hot” chemical to look for in drinking water as it seems to be showing up everywhere including places such as the Pease International Tradeport Business and Industrial Center in Portsmouth, NH. In the summer of 2014, the City of Portsmouth reported that two unusual chemicals were found in all three wells that serve the business center as well as the NH Air National Guard Base on the site of the old Pease Air Force Base. The concentration of one of these chemicals – perfluorooctanesulfonic acid (PFOS) – exceeded the USEPA Provisional Health Advisory (PHA) causing the city to immediately shut down the well. PFOS and perfluorooctanoic acid (PFOA) are part of the class of chemicals known as perfluorinated compounds, and they are starting to show up in drinking water wells throughout the country.
PFCs are common in many consumer products, including teflon pans, fabric protectors, pizza boxes and ski wax and it is used to make carpets, clothing, fabrics for furniture. They are also used to fight fires and in a number of industrial processes. At the Pease Air Force Base in Portsmouth, the water became contaminated when firefighters practiced putting out fires on abandoned portions of the airbase using firefighting foams that contained PFCs.
PFOA and PFOS contamination in drinking water is thought to stem from two main sources: factories that formerly manufactured or used the chemicals, and locations, including military bases, where they were used in firefighting foams. According to the EPA, both PFOA and PFOS are found at very low levels in the blood of the general population across the U.S.
Although no one lives at the Tradeport Center, more than 10,000 people work there and there are two day care centers. The people who use the daycare centers immediately formed a Facebook page called “Testing for Pease” and began asking for blood testing for the children. Soon more than 500 adults and children had their blood tested for PFCs and many had levels that were higher than the general population. More blood testing is now underway as the community struggles to make sense of the results and what it means for their future. The health effects of PFCs are not well understood but studies in communities with similar exposures found associations with kidney cancer and testicular cancer. Other concerns includes high cholesterol, immune damage and possible reproductive effects.
In May of this year, the EPA finalized its Health Advisory for PFOA and PFOS lowing its advisory value from 400 and 200 respectively to 70 parts per trillion (ppt) for both compounds combined. This level was based on a lifetime exposure to total PFCs. This change followed criticism from researchers at the Harvard University School of Public Health that the original PHA was not adequately protective of the public.  This health advisory is based on long term exposure to PFOA and PFOS in drinking water.
CHEJ has prepared fact sheets on the toxicity of these chemicals and on the how to interpret blood levels. Both were prepared as part of our work with the local residents in Portsmouth, NH.
Don’t hesitate to contact us if you have any questions about PFCs including how to interpret test results.

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Backyard Talk

What We Don’t Know about Toxic Chemicals

So often people believe that the solution to their problem lies in science and technical information. How often have you heard some company spokesperson speak to the need for sound science. At CHEJ, we have have learned many lessons about science and how it is used. Science and technical information is important and has a role in helping to achieve your community goals. Identifying this role and learning how to use scientific and technical information is critical to the success of your group.
The most important lesson is that science and technical information alone will not solve your problem(s). It’s reasonable to think that if you hire the best scientists and engineers and make solid technical arguments, the government will do the right thing. Those of you who have been there know it doesn’t work that way.
When the government discovers a problem, it’s reluctant to determine the full extent of the problem. This is because if the government documents contamination that threatens people’s health, it then has to do something about it—like evacuate people or clean up the contamination. This costs money that government doesn’t have or want to spend. Such action might also set a precedent by establishing cleanup standards or unsafe exposures levels that would mean spending more money at other sites
Deciding what action to take is complicated by the fact that there are few answers to the many scientific questions raised by exposures to toxic chemicals. Scientists actually know little about the adverse health effects that result from exposure to combinations of chemicals at low levels. As a result, when politicians and bureaucrats look for answers, the scientists don’t have them. They have their opinions but no clear answers.
Most scientists however, are reluctant to admit they don’t know the answer to a question. Instead they introduce the concept of “risk” and begin a debate over what’s “acceptable.” This process hides the fact that scientists don’t know what happens to people who are exposed to low levels of a mixture of toxic chemicals. This uncertainty gets lost in the search for what’s “acceptable.”
Because of the lack of scientific clarity, bureaucrats and politicians use science cloaked in uncertainty, not facts, to justify their decisions which at best are based scientific opinion, but more likely driven by the political and economic pressures they face. Whether this is right or not is not a scientific question but an ethical and moral question. It is foolish to think that in this setting, science can be anything but a tool used by politicians and corporations to get what they want.
While science and scientific information have failed to provide clear answers and solutions to the hard questions about the health and environmental impact of the chemicals we use, we cannot abandon science. Science and scientific information can be a powerful tool for community groups, but only if you recognize what it can tell you and what it can’t, and only if you learn how to use the information and not just collect it. The right information used in the right way at the right time can be very powerful. Learning how to use scientific and technical information strategically is an organizing skill. Contact CHEJ to continue this conversation.
 
 

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News Archive

Clean water crisis threatens US

UnknownThe United States is on the verge of a national crisis that could mean the end of clean, cheap water.

Hundreds of cities and towns are at risk of sudden and severe shortages, either because available water is not safe to drink or because there simply isn’t enough of it.
The situation has grown so dire the U.S. Office of the Director of National Intelligence now ranks water scarcity as a major threat to national security alongside terrorism.The problem is being felt most acutely in the West, where drought conditions and increased water use have helped turn lush agricultural areas to dust.
But dangers also lurk underground, in antiquated water systems that are increasingly likely to break down or spread contaminants like lead.
The crisis gripping Flint, Mich., where the water supply has been rendered undrinkable, is just a preview of what’s to come in towns and cities nationwide, some warn.
“We are billions of dollars behind where we could and should be,” said Rep. Jared Huffman (D-Calif.), who spent 12 years on a municipal water board before running for state office. “People in the clean-water world would tell you they’ve been shouting about this for a long time.”
“For much of the U.S., most people don’t perceive any shortage,” he added. “But we’re going to talk a lot about shortages now.”
Read more from the Hill
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Backyard Talk

EPA Switches Stance on Testing Lead in Drinking Water

The fiasco in Flint, MI has forced an important change in EPA’s recommended protocols for testing lead in drinking water. In a memo to state health and water administrators issued February 29, 2016, the US EPA reversed its prior recommendations on how to sample drinking water targeted for lead testing. The new protocols are as follows:

  • Do not remove or clean faucet aerators prior to collecting samples
  • Do not pre-flush prior to sampling
  • Use wide mouth sample bottles to allow water flow to enter at a rate similar to what consumers might use when pouring a glass of water to drink

In the past, EPA‘s advice was to pre-clean the aerator, flush pipes prior to sampling, and open the tap slowly and sample at low flow. Using these guidelines results in less particulate lead getting into the sample and thus finding lower lead concentrations in the water. Removing or cleaning an aerator prior to testing masks the added contribution of lead at the tap that results from the lead in the aerator. Flushing the pipe prior to sampling eliminates the lead that has built up overnight or since the last time the faucet was used. Pouring the water slowly, whether by using a narrow container or by just opening the tap slowly, also reduces particulate lead that gets into the water by not disturbing lead present in the pipe as much as a normal flush would. These inaccurate procedures were called to task by Dr. Marc Edwards from Virginia Tech University who found high levels of lead in the drinking water in Flint, MI.
Despite the fact that this is not what people typically do when they pour a glass of water from the sink to drink, these are the sampling procedures that EPA has been advocating for years and what water companies have been using for years to measure lead in drinking water. By using these procedures, water companies everywhere, not just in Flint, are not accurately measuring the lead concentration in drinking water, and they are potentially missing a significant portion of the lead actually in the drinking water systems. Doing this provides a false sense of security that seriously endangers public health.
Although EPA has issued these new guidelines, there’s no guarantee that water companies around the country have switched to the new sampling procedures. If you’re concerned about the lead levels in your water, find out what sampling procedures are being used because it makes a huge difference. While we can thank the public attention given to the disaster in Flint for this critically important change, now we need to make sure that testing agencies across the country follow this new protocol. Contact CHEJ at info@chej.org to obtain a copy of this important memo.
 

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Backyard Talk

Flint, MI: A Clear Case of Environmental Injustice

An independent panel appointed last October by Michigan Governor Rick Synder to investigate why things went so wrong in Flint released its findings last week. The Flint Water Advisory Task Force report blasted the state’s handling of the crisis and painted a picture of “government failure, intransigence, unpreparedness, delay, inaction and environmental injustice.”

While there was plenty of blame to go around, the five member panel singled out the state-appointed emergency managers who were trying to save money, the state departments of Environmental Quality and Health and Human Services for their role in handling Flint’s water issues, and Snyder and his staff for their lack of oversight. According to the report, “Neither the governor nor the governor’s office took steps to reverse poor decisions by MDEQ and state-appointed emergency managers until October 2015, in spite of mounting problems and suggestions to do so by senior staff members in the governor’s office, in part because of continued reassurances from MDEQ that the water was safe.”

The report also concluded that, “The facts of the Flint water crisis lead us to the inescapable conclusion that this is a case of environmental injustice.” The New York Times reported that the panel’s report “put a spotlight on a long-running civil rights issue: whether minorities and the poor are treated differently when it comes to environmental matters, relegating them to some of the most dangerous places in the country: flood prone areas of New Orleans that were devastated after Hurricane Katrina; highly polluted parts of Detroit and the Bronx; and ‘Cancer Alley’ in Louisiana, where residents who live near factories suffer disproportionately from disease.”

According to the Times story, the report concluded that “Flint residents, who are majority black or African-American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities.”

The Task Force also singled out the activism of local residents and credited the “critical role played by engaged Flint citizens, by individuals both inside and outside of government who had the expertise and willingness to question and challenge government leadership,” along with “members of a free press who used the tools that enable investigative journalism.”

The Task Force report does a good job of unpacking the numerous failures especially at the state level that led to the crisis in Flint and how things got so out of control. But what underlies everything is the patented disregard for the people who live in this predominately African American city. The case for environmental injustice was never so clear.

Read the full 116-page report of the Flint Water Advisory Task Force and its 44 recommendations here

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Backyard Talk

Floored by Health Authorities Decision

Around every corner there are threats to our health and safety.  The CDC found cancer risks from laminated flooring imported from China could reach 30 in 100,000, but didn’t think it important enough to suggest people remove the flooring.  REALLY!  How is 30 people out of 100,000 getting cancer from the flooring not considered assault with a deadly weapon?  The weapon being the flooring and the deadly being cancer.

I include the CDC/ATSDR statement to show just how inept our government health agencies have become.

On February 10, 2016, CDC/ATSDR released a report entitled Possible Health Implications from Exposure to Formaldehyde Emitted from Laminate Flooring Samples Tested by the Consumer Product Safety Commission. On February 12, CDC/ATSDR was notified that a private individual who reviewed the report suspected that a conversion error might have been made. CDC/ATSDR staff reviewed the report and discovered that an incorrect value for ceiling height was used in the indoor air model.  As a result, the health risks were calculated using airborne concentration estimates about 3 times lower than they should have been. Neither CDC/ATSDR nor the report’s peer or partner reviewers or reviewers noticed the error.

Change in conclusion for short-term health effects

After correcting the measurement error in the model, CDC/ATSDR revised the report’s conclusion about possible health effects from exposure to formaldehyde. In the report that used an incorrect value for ceiling height, we concluded that exposure to the low end of the modeled levels of formaldehyde in the CPSC-tested laminate flooring could cause increased irritation and breathing problems for children, older adults, and people with asthma and Chronic Obstructive Pulmonary Disease (COPD). In the updated report, which used the correct value for ceiling height, we concluded that irritation and breathing problems could occur in everyone exposed to formaldehyde in the laminate flooring, not just sensitive groups and people with pre-existing health conditions.

Change in conclusion for long-term health effects

We also increased the estimated lifetime cancer risk from breathing the highest levels of formaldehyde from the affected flooring all day, every day for 2 years. The lifetime cancer risk increased from the previous estimate of 2 to 9 extra cases for every 100,000 people to between 6 and 30 extra cases per 100,000 people. To put these numbers into perspective, the American Cancer Society estimates that up to 50,000 of every 100,000 people may develop cancer from all causes over their lifetimes.

Our recommendations remain the same.

Although the conclusions in the report have been revised, CDC/ATSDR recommendations to protect health have not; we continue to recommend that people with the affected laminate flooring:

  • Reduce exposure –  We provide information on how residents can reduce exposure to sources of formaldehyde in their homes
  • See a doctor for ongoing health symptoms – We recommend that residents who have followed the steps to reduce formaldehyde in their homes and still have ongoing health symptoms (breathing problems or irritation of the eyes, nose, or throat) only in their homes, should see a doctor to find out what is causing the symptoms.
  • Consider professional air testing if irritation continues.

What happened to the acceptable cancer risk of 1 in a million?

As you can see the agency tried to justify their inaction by saying that the American Cancer Society estimates that up to 50,000 of every 100,000 people may develop cancer in their lifetime.  That number  may be higher than that if people are also exposed to this flooring.  This outrageous cancer estimate proves that we need to remove these cancer threats as they are found and not just suggest that people see a doctor for ongoing symptoms

So lets see now, if you have contaminated tomatoes, onions or other food related disease the health agencies are all over it.  They tell consumers to not buy or wash thoroughly the vegetable or food product of concern.  However, when you have a consumer product that can affect everyone exposed to it there is no immediate health alert or no product recall what so ever.  WHAT!

Why do tomatoes get more attention, investigation and result in consumer warning to be careful than toxic chemicals in the environment that is literally killing children?  Young children are sick and dying across the country and our politicians don’t seem to care.

Will we ever stop the poisoning of our children, our water, our soil, our plant?  I fear not because we are not a problem veggie.  We all deserve to be protected, just like the government protects a tomato.

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Backyard Talk

Holding Polluters Accountable

CHEJ founder Lois Gibbs, considered the mother of the federal Superfund program, said it was “about time polluters were held accountable” when she heard that the U.S. Court of Appeals ordered the Environmental Protection Agency to stop letting polluters off the financial hook for the contamination they cause. At the end of January, the court directed EPA to finalize its “financial assurance” regulations that have been more than 30 years in the making. The Superfund law has teeth to hold corporate polluters accountable and this is an important step towards making that happen.

The financial assurance provision of the Superfund law – officially known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) – ensures that responsible parties, and not the public, bear the financial burden of completing Superfund cleanups. This provision requires corporate polluters to demonstrate that adequate financial resources are available to complete required cleanup work. One of the main tenets of this law is to prevent companies who created toxic sites from declaring bankruptcy and walking away, leaving taxpayers to foot the bill for cleanup, often causing long delays before these dangerous sites are cleaned up.

The court recognized that “Although CERCLA requires operators to pay to clean up hazardous releases, many avoid payment by restructuring their operations so they never have to pay. It is a common practice for operators to avoid paying environmental liabilities by declaring bankruptcy or otherwise sheltering assets.”

For 35 years since the law was passed in 1980, EPA has failed to issue regulations that describe how it would implement and enforce this provision of the Superfund law. As a result, company after company found ways to pass the cost of environmental disasters on to taxpayers. With this new ruling EPA has no choice but to finally issue these financial assurance regulations which will require polluting companies to pay up front, or place funds aside to cover the costs of cleaning up contaminated sites. It will also provide an incentive for polluters to reduce their pollution and thus reduce their liability.

As the nation’s leading source of toxic pollution (nearly 2 billion pounds per year), the mining industry was targeted to be the first in line for the new regulations. The court has ordered the EPA to complete the draft regulations by December 1, 2016, and finalize the regulations by Dec. 1, 2017. EPA must also establish regulations for three other industries, including coal ash ponds, chemical manufacturing facilities and petroleum and oil refineries by Dec. 1, 2016.

The lawsuit was filed Earth Justice on behalf of Earthworks and several coalition partners. For more information, see https://www.earthworksaction.org/media/detail/court_orders_environmental_protection_agency_to_finalize_rules_so_polluters/04270#.Vs4bj-btiwZ