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Backyard Talk

EPA Takes Baby Steps in Acknowledging Fracking Dangers

The US EPA released a draft Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources earlier this month. Although still only a draft, the document marks a noticeable shift in how EPA views fracking – from basically denying that fracking posed any risk to drinking water and human health, to acknowledging that, “there are above and below ground mechanisms by which hydraulic fracturing activities have the potential to impact drinking water resources”. I, for one, cannot believe that EPA had the guts to do this.

Don’t get me wrong; the draft assessment still makes a weak statement with regards to the real impacts of fracking on drinking water. However, the statement carries major credibility and importance due to the fact that the draft assessment is the most comprehensive review of literature on the potential impacts of fracking on drinking water to date, having examined nearly 1,000 different science and engineering journals, federal and state government reports, nongovernmental organization reports, industry publications, and federal and state datasets.

Although EPA states that there is no evidence that fracking activities have led to “widespread, systemic impacts on drinking water resources in the United States”, they clearly acknowledge that they have the ability to do so at the local level. This is a bit obvious, since we are not experiencing massive water shortages or national pandemics due to fracking (at least not yet), yet it is well documented that millions of people across the nation have experienced water contamination due to fracking activities in their local environments. Therefore, if we take EPA’s statement into perspective, they are effectively saying that fracking can and has affected local drinking water sources across the country.

This is heresy for industry, and the full wrath of their criticism is sure to fall on EPA in the coming weeks. During the document’s public comment period, the oil and gas industry will move mountains to ensure that EPA’s modest claims attributing fault to fracking for drinking water contamination are removed from the final document.

As an idealist, I have hope that EPA will withstand the storm and stand up for what the science has revealed. However, in all likelihood, the billions of dollars at the disposal of industry will ensure that EPA softens their already weak stance or retracts it altogether.

My hope is that environmental organizations and the public at large fight this and tell EPA not to be bullied by corporate interests. Public comments on the draft assessment are open until August 28, so we can all weight in on the fight. EPA is taking baby steps towards finally accepting that fracking has huge inherent dangers to public health and this is among the first of these steps. It falls to us to take EPA’s hand and help it learn to walk.

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Backyard Talk

ATSDR Fails Community Once Again

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

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

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

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

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

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

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

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


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Backyard Talk

Great Pacific Garbage Patch

By Michelle Atkin

The world’s largest landfill is actually floating in the middle of the North Pacific Ocean. It contains three million tons of plastic, in addition to other marine debris, and is often referred to as the Great Pacific Garbage Patch (GPGP). This drifting ocean litter or gyre is one of five major global garbage patches and was discovered in 1997 by Charles Moore, a California volunteer environmentalist and sailor who was so concerned he founded the Algalita Marine Research Foundation.

The size of this trash cluster is widely debated because it is difficult to measure as it shifts with the currents. While some say it is the size of France, others say it is twice the size of Texas, but it is a problem that is not going away.


Every year there are 280 million tons of plastic produced around the world, and 63 pounds of plastic packaging for each person ends up in landfills annually while only nine percent of it is recycled in the United States. Unfortunately, because plastic is not biodegradable, all of the fragments of plastic that have ever been produced still exist, excluding the small volume that has been incinerated, which releases toxic chemicals.

While water bottles and plastic bags contribute to the greatest percentage of plastic litter, a few of the many other items that can be found on the ocean’s floor or surface are buttons, fishing line, toys, cigarette lighters, PVC pipe or fragments, golf tees, gloves and markers. Over time, the sun, wind and waves can break down the plastic into millimeter sized flecks which creates a mess that is impossible to clean up. Scientists have found six times more plastic than plankton in GPGP ocean water samples, and it makes its way into the stomachs of birds, fish, whales and other marine life, which may eventually end up on our plates, along with the Bisphenol A (BPA) and other toxic chemicals found in some plastic.

The estimated 46,000 pieces of plastic per square kilometer in the world’s oceans kill millions of seabirds and 100,000 marine mammals each year from ingestion or entanglement. Half of the Earth’s wetlands have been destroyed and beaches like Kamilo Beach in Hawaii consist of more plastic particles than sand particles in the top twelve inches of the beach.

As stated by National Geographic, “because the GPGP is so far from any country’s coastline, no nation will take responsibility or provide the funding to clean it up,” but even if a net could collect the trash “the National Ocean and Atmospheric Administration’s Marine Debris Program has estimated that it would take 67 ships one year to clean up less than one percent of the North Pacific Ocean.”

The enormity of the ocean and this problem is difficult to grasp because like GPGP reporter Richard Grant wrote, “even if plastic production halted tomorrow, the planet would be dealing with its environmental consequences for thousands of years, and on the bottom of the oceans, where an estimated 70 percent of marine plastic debris ends up, for tens of thousands of years. It may form a layer in the geological record of the planet.”

Despite the damage that has already been done, the focus should be placed on reducing our footprint in the future. We need to work together and individually by volunteering to clean-up streams, rivers, lakes and beaches, so that we can limit the garbage that makes it into the ocean. We should also support environmental organizations and embrace environmental initiatives, reduce plastic use and recycle.

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Backyard Talk

NIMBY Versus NIMIC

Not In My Backyard vs Not In My Insurance Company

For many decades community leaders were called NIMBY (Not In My Backyard) when opposing a facility that would cause environmental and public health damages. They were told that they were reacting emotionally, stifling progress and or the waste/facility needs to go somewhere. Or local leaders hurting the economy, we need the jobs and so stop complaining about public health hazards or environmental destruction that community leaders are being just selfish.

There were full out attacks on innocent people trying to find a way to protect themselves from environmental chemicals and to convince corporations to look beyond the dinosaur aged technology and moved to other safer ways to provide the same goods or services.

Today the insurance agencies are working hard to stop, “to exclude” coverage from earthquakes in Pennsylvania caused by fracking. NIMIC stands for Not In My Insurance Company. The contrast in reactions from the public is striking with the exception of the State of Pennsylvania Insurance Department (PID) who is opposing such exclusions. Those with money and don’t live near such destructive practices say the insurance industry must protect themselves from huge liabilities. It make sense that they would want to create an exclusion in their policies.

Nationwide Mutual Insurance Co. has become the first major insurance company to say it won’t cover damage related to a gas drilling process that blasts chemical-laden water deep into the ground. Their memo reads: “After months of research and discussion, we have determined that the exposures presented by hydraulic fracturing are too great to ignore. Risks involved with hydraulic fracturing are now prohibited for General Liability, Commercial Auto, Motor Truck Cargo, Auto Physical Damage and Public Auto (insurance) coverage.”

Yet when innocent people with no stake in the leasing or process say it is too great of a risk to frack in or around our community they are dismissed as NIMBYs. The insurance industry did their studies assessed the risks and said no. Community leaders including the community in TX who banned the process entirely from their borders. State legislation was introduced to allow local bans on fracking only to be overturned by Republican Gov. Greg Abbott who signed a law that prohibits bans of hydraulic fracturing altogether and makes it much harder for municipal and county governments to control where oil and gas wells can be drilled.

This is a blatant contradiction that once again demonstrates the bias against the American People and for the corporate polluters and their associated family of corporations. There was no law passed that says insurance companies must provide coverage for associated damages from earthquakes, poisoned water, air and public health impacts. Maybe just maybe we should make a rule, decision or law that says if an insurance company does their risk assessment and finds that the risks are too great for them to participate or provide coverage then the facility, process . . . thing cannot move forward at any costs.

Since the majority of our stae and federal health departments or departments of environmental regulations can’t ever find a risk they can’t explain away, then we should follow the risk assessments of the Lloyd’s of London. If Lloyd’s of London says it’s too risky then it is. A simple way to protect the American People.

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Backyard Talk

It’s Time to Move Beyond Risk Assessment

Risk assessment is the standard method for evaluating exposure to toxic chemicals, despite the fact that it’s nearly impossible to do a risk assessment that is objective and accurate. There are just too many hard-to-measure factors affecting the chance that any one chemical will harm us and if so, how and to what extent, and too many ways for personal bias to change the results. For example, there’s been a long argument about whether arsenic causes cancer. We do know that it’s poisonous. It probably does cause cancer, but many people seem to be immune. So we’re not sure how many cases might occur, and what amount of arsenic might cause cancer. Also, it doesn’t seem to cause cancer in animals, so there’s no way to put the information together. When there are information gaps, the only thing we can do is build-in an extra safely factor, by making the “allowable” level a certain amount less than what we think the “safe” level is. But is that really the answer?

The public wants greater protection from exposure to toxic chemicals than provided by the traditional quantitative risk assessment approach which has many limitations and uncertainties. Instead, support has grown for use of a precautionary approach that promotes (1) preventive action, (2) democratic and transparent decision-making with the broadest possible public participation, and (3) a shifting of the questions being asked (e.g., instead of asking what level of risk is acceptable, asking how much risk can be avoided; what is the need; why is it needed; who benefits and who is harmed; and what are the alternatives?) as well as the presumptions used in decision-making (e.g., shifting the burden of proof to the proponents of potentially harmful activities, and placing public health above other considerations).

In its 2009 report, Science and Decisions, the National Resource Council (NRC) of the National Academies acknowledged that risk assessment is “at a crossroads” facing “a number of substantial challenges”, that “its credibility is being challenged”, and that the “regulatory risk assessment process is bogged down”.  The report made a number of recommendations that focused on improving the methodology of risk assessments (e.g., thorough evaluation of uncertainties and variability, unified dose-response approach to cancer and non-cancer endpoints, broadening the assessment of cumulative and interacting health risks and stressors), and improving the relevance or utility of risk assessments for decision-making (e.g., involving all stakeholders at the earliest stage of the planning, design and scoping of the risk assessment, and increasing the transparency of the assessment methods and process).

The NRC recommended two major shifts: (1) “that risk assessment should be viewed as a method for evaluating the relative merits of various options for managing risk”, with the risk management questions being “clearly posed, through careful evaluation of the options available to manage environmental problems at hand,” casting light on “a wider range of decision options than has traditionally been the case”; and (2) aligning closely the technical analysis with the problem at hand so that the risk assessment will be relevant to the needs of the decision-makers and stakeholders who are addressing the problem (e.g., a “one size fits all” approach to risk assessment will not be appropriate for such very different problems as regulating a chemical and deciding on a site remediation approach).

These recommendations are now more than 5 years old, and there’s little evidence that government is adopting these recommendations. Doing so should improve the ability to interpret hazards, contamination levels and population exposures, dose-response relationships, and cumulative risks (exposures from multiple pathways, complex mixtures, multiple stressors, and factors affecting vulnerability), as well as the evaluation of a wide range of alternative options (e.g., inherently safer technologies, alternative ways to achieve the same goal, etc.). It could also provide a way to integrate the risk assessment tool within a broader precautionary approach that seeks to reduce or avoid exposures to toxic chemicals, which the public is actively calling for. It’s time to stop accepting risk assessment as the best we can do to evaluate risks and adopt more a holistic approach to protecting public health and the environment.


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Backyard Talk

EPA Laws & Regulations Really Don’t Matter

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

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

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

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

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

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

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

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Backyard Talk

Formaldehyde: A Case Study in EPA’s Failure to Protect Public Health and the Environment

According to its website, the mission of the Environmental Protection Agency is to “protect public health and the environment.” When the agency tries to do its job, it often runs into opposition led by special interests, private lobbyists, corporate apologists, and congressional representatives, all of whom have their own agenda, which has nothing to do with public health or the environment and everything to do with the millions (if not billions) of dollars made annually from their products.

The agency’s effort to regulate formaldehyde, a known human carcinogen that is commonly used in building materials found in most homes, is a classic case study in corporate influence and control of the agency’s work.

EPA began its process to regulate formaldehyde in compressed wood products in 2008, seven years ago. Its proposed rules, released for public comment on June, 2013, did not seek to ban formaldehyde, but rather to set exposure limits and establish testing standards for products sold in the U.S. Learn more about the EPA’s proposed rules for formaldehyde emissions from composite wood products.

Three times over the next two years, EPA reopened its public comment period to allow more public comment, most recently in May 2014. EPA has yet to release its final regulations with the latest timeline estimated to be sometime in the fall.

A story in the New York Times chronicled the delays in the agency’s efforts to regulate formaldehyde, a substance with clear public health risks. The article described the influence of the big furniture companies on Washington who in turn pressured EPA. It told of the actions of special interest such as the American Chemistry Council who challenged the agency’s determination that formaldehyde is a carcinogen. And it described the role of the White House Office of Management and Budget in evaluating the costs and benefits of the proposed regulation.

What gets lost in the hyperbole and grandstanding over costs and jobs is the fact that formaldehyde is a nasty chemical that is a known human carcinogen, that affects the central nervous system and that can damage the respiratory system, causing difficulty in breathing including asthma as well as eye, nose, and throat irritation. At best this proposed regulation will attempt to define an “acceptable” level of formaldehyde vapors coming off pressed-wood products, such as particleboard, plywood, and fiberboard; glues and adhesives; permanent-press fabrics; paper product coatings; and certain insulation materials.

This is EPA’s version of protecting public health and the environment, agreeing with corporate interests after a tortured “public” process to a risk assessment that defines “acceptable” levels of risk that the public has to endure while the companies continue to earn their profits. The general public that has to live with formaldehyde fumes coming off wood products is not likely to see it this way. They might prefer that the agency try to figure out how much risk it can avoid, rather than how much is “acceptable.” But then if the EPA did that, then the influence imposed by the companies who make billions every year selling formaldehyde products might not be so critical.

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Backyard Talk

St. Louis is Burning, and Moms are on the Move

“The truth is that nobody is really sure what is buried at the West Lake Landfill, or where — and that’s the problem.” – Ryan Schuessler, Al Jazeera News.

A burning landfill, in proximity to a radioactive waste dump, in a neighborhood with a host of unexplained health problems ranging from appendix cancer to alopecia – all the elements of an environmental crisis in the making, and a health crisis already well underway. This is what some citizens of St. Louis have been coping with, and what has brought a group of them to Washington, D.C. today in an effort to protect their children.



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Trevor, suffering from alopecia, is one child affected by the situation in St. Louis


A group of mothers from St. Louis will convene at the National Press Club today for a press conference on the nuclear waste polluting their town. After, they will deliver petitions to Bill Gates, who has the power to protect St. Louis families from further harms. While he is not responsible for the situation, Gates is the major shareholder of Republic Services, the company responsible for the waste. He can use both his shareholder vote and his financial influence to push for an evacuation of St. Louis families living near the landfill.


Post-Press Conference Updates:

On Thursday, three mothers from St. Louis, representing the group ‘Just Moms,’ spoke at the National Press Club in Washington and bore heartbreaking testimony to the devastating health problems their children have suffered from living adjacent to the West Lake Landfill Superfund Site. The mothers have been pressing EPA Administrator Gina McCarthy for a meeting, but she has thus far ignored their requests, leaving them with few places to turn in fighting for the health and safety of their children.



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Just Moms march to EPA headquarters on Thursday




Following the press conference, the Just Moms and a crowd of supporters marched to the EPA headquarters in Washington, D.C., chanting “The Moms Are Not Going Away, Gina McCarthy Meet Today!” They demonstrated and passed out fliers outside of EPA headquarters, before traveling to the headquarters of the Gates Foundation to deliver petitions to Bill Gates.

View more photos from the event at http://chej.org/gallery/stl_justmoms/.

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Backyard Talk

Gina McCarthy Where Are You?

In my 35 years of working in the field, beginning with Love Canal, I have never seen such irresponsible behavior by EPA headquarters. Yes, there has been many cases where EPA did not act responsibly but this is by far the worst.

In St. Louis, Missouri waste from the Manhattan Project has sat throughout the community for more than 20 years. The West Lake Superfund site contains tons of this highly radioactive wastes. Over 20 years not much has been done about cleaning up the wastes, except studies.

Today, the landfill adjoining the Manhattan waste site is burning and the fire is moving toward the radioactive wastes. What will happen when the fire and radioactive wastes meet? No one knows.

That however, if the background of the situation. In the fore ground is USEPA’s mismanagement of the sites. Everyone right up to the regional administrator has been “transferred.”  Transfers is what government does instead of firing people.

In a recent meeting with local community leaders, EPA staff from headquarters and the region EPA refused to talk about the fire moving toward the radioactive wastes. EPA staff also refused to even consider the relocation of families downwind of the smoke that often bellow’s from the site. EPA staff was like those silly dolls where you pull the string and they say the same things over and over again.

This mismanagement of the site and situation is a direct result of incompetency and has created an even larger problem. It will be two years before the new cleanup plan and barrier will be defined and then it must go through public comments. Not a shovel will be moving around the site for two plus years.

Why is this important? Because toxic smoke rises from the site and into the neighborhood especially Spanish Village on a regular basis. No one can put the uncontrolled fire out.  That is what the state and federal government is saying. The fire will burn for years to come.

EPA Administrator Gina McCarthy is only willing to transfer inept staff and won’t take a single step to assist the community. Today she is refusing to meet with local leaders who will travel to Washington, D.C. next week after raising travel costs from bake sales. They want to tell their story and plead for help. Their children are sick and their families are trapped.

Throughout my years of work in CHEJ I’ve been disappointed and frustrated by EPA but never have I been told that the community leaders will never get a meeting with the Administrator.  Never get this and never get that.  “We (staff below her level of authority) make the decisions not McCarthy.”  So according to these people who work under Gina they have the final say. I wonder if she knows that. So according to them there is nowhere to appeal the lower staff decisions.

Its past time for Gina McCarthy gets her Superfund program and staff in order.  If I as CHEJ’s Director received negative comments about my staff I would certainly talk to those who are unhappy about staff’s behavior and performance not just get rid of bad apples.

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News Archive

St. Louis burning: Atomic Legacy Haunts City

by Ryan Schuessler @RyanSchuessler1 April 29, 2015 5:00AM ET
Karen Nickel had never even heard of lupus before she was diagnosed with the autoimmune disease six years ago. Today she says she takes as many as 18 pills a day — “and that’s just to make me feel OK.”
Read part one of three part series.