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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

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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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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BTEX and Endocrine Disruption

A new study has revealed the possible association between BTEX compounds (benzene, toluene, ethylbenzene, and xylenes) and endocrine disruption at levels way below the reference concentrations used by U.S. Environmental Protection Agency (EPA).

BTEX chemicals are volatile organic compounds (VOCs) that are used as solvents in consumer and industrial products, as gasoline additives, and as intermediates in the synthesis of organic compounds for many consumer products. As a result, they are prevalent in our environment, especially in indoor settings. The current scientific understanding of these chemicals is that they can cause skin and sensory irritation, central nervous system problems and effects on the respiratory system at acute short-term exposures; and kidney, liver and circulatory problems as well as leukemia and other forms of cancer at chronic long-term exposures.

However, this new study points to the role of BTEX chemicals in hormone disruptions, a field of study pioneered by the late Theo Colborn. In fact, Theo contributed personally to this study before her passing along with scientist from the The Endocrine Disruption Exchange (TEDX) (the international non-profit she founded) and the University of Colorado, Boulder. Although direct association can be made between endocrine disruption and BTEX exposure, this study points to the real need to examine this link more closely. Cathy Milbourn, a spokesperson for the EPA, said in an emailed response that the agency will “review the study and incorporate the findings into our work as appropriate.”

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EPA’s EJ 2020 Action Agenda

The U.S. Environmental Protection Agency has released a draft for public comment of its EJ 2020 Action Agenda (EJ 2020) Framework. This strategy document lays out its plan for continuing to address environmental justice in the context of the agency’s work. EPA is hoping to build on its EJ 2014 Action Agenda and expand that work through commitments that will continue over the next five years. EPA is seeking input on the draft EJ 2020 Action Agenda framework. The public comment period runs from April 15 to June 15. The agency is planning to conduct informational and dialogue sessions during this comment period and is encouraging the public to submit written comments. For more details, see: www.epa.gov/environmentaljustice/plan-ej/.

As described in the draft framework document, “EPA’s environmental justice efforts seek to protect the health and environment of overburdened communities, support them to take action to improve their own health and environment, and build partnerships to achieve community health and sustainability.”

The agencies goal through 2020 is to make a visible difference in overburdened communities by:

  • Deepening  environmental justice practice within EPA programs to improve the health and environment of overburdened communities;
  • Collaborating with partners to expand our impact within overburdened communities; and
  • Demonstrating progress on outcomes that matter to overburdened communities

Key elements to the EJ 2020 plan include incorporating EJ in rulemaking; considering EJ in permitting; advancing EJ through compliance and enforcement; supporting community based programs; fostering administration-wide action; and developing science and legal tools for considering environmental justice in decision-making. The framework document also includes a chart that defines the agency’s status and progress in achieving these key elements. In addition, EPA has established a one-stop informational “Resource for Communities” web portal as well as a new EJSCREEN tool that quantitatively identifies areas with potential EJ concerns by using environmental, health, demographic and enforcement indicators.

Contacts on environmental justice are included for each of the 10 EPA regions and for each of 13 major divisions within the agency such as the Office of Air and Radiation, Office of Water, Office of Research and Development, etc.

EPA will make the draft document available on April 15th on its Environmental Justice website at: www.epa.gov/environmentaljustice/ej2020/. Comments can be submitted electronically to: ejstrategy@epa.gov, or via hard copy to: Charles Lee at lee.charles@epa.gov. If you have any questions, please contact Charles Lee via email or at 202-564-2597.


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Backyard Talk

Did Chemical Company Author New Chemical Bill

In recent days, a draft of the bill — considered the product of more than two years of negotiation and collaboration between Sen. David Vitter, R-La., Sen. Tom Udall, D-N.M., and both chemical industry and environmental groups — was circulated by Udall’s office ahead of the hearing. The draft bill, obtained by Hearst Newspapers, is in the form of a Microsoft Worddocument. Rudimentary digital forensics — going to “advanced properties” in Word — shows the “company” of origin to be the American Chemistry Council.   Read full story here.

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Health Studies: What you can expect and what you can do

Whether your group is new or has been organized for years, one of the most pressing questions you’ll face is about health problems in your community. Typically, if you raise enough public attention and pressure, the state will ask the Agency for Toxic Substances and Disease Registry (ATSDR) to do a health study. While you may initially be excited, be careful what you ask for. ATSDR has a poor track record at investigating health problems in communities. You are more likely to get a result that is “inconclusive by design” than you are to get an honest answer to your questions. At least that’s what history tells us.

You can expect at least two things from ATSDR: First, the agency is going to treat your community like every other community that they have gone into. Second, ATSDR is going to use the standard methods they use to evaluate and investigate the health problems in your community.  Unfortunately, these scientific methods cannot answer with any accuracy or assurance the questions that people have about health problems in their community. The best state-of-the-art scientific methods that ATSDR will use cannot determine what’s causing an increase in cancer, birth defects or any other adverse effect in a population of people.

In 99 out of 100 instances, health studies conducted by ATSDR or other government agencies are inconclusive or at best incapable of determining what might be causing an observed increase in a disease found in a community. Given this likely outcome, it’s critical to have a plan for how to get the most from a health study done in your community.

One important step is to define as a community what you want. Do you want a typical epidemiological study where a questionnaire is distributed throughout the community asking about health problems and the results are then compared to a matched unexposed community? Do you want a clinic set up in the community where people could be tested to evaluate their health? Maybe some portion of the community wants to be relocated or evacuated and you want ATSDR to recommend such action.

Once you’re clear on what you want, then you need to figure out how to achieve these goals. This will take some strategic planning and a strong organized community effort. Ask these three questions about the health study, the answers to which will give you a good sense of the intent of the investigators and the limits of the study:

  • What are the goals of the investigation?
  • How will the investigators get the information they need?
  • How are they going to release the results?

Based on what you find out, you may decide that you don’t want to participate in this study. Or you may decide you want to change the agency’s plan to something that will be useful to your group. Changing their plan will require a strong organized community effort and a plan to get your points across to the agency. CHEJ can help you develop a plan to address a health study. Contact us at chej@chej.org

Also, tune in tomorrow at 12 noon EST to participate in a training session on Health Studies: What can they tell you about health problems in your community?


(RSVP Online Now
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Radioactive Guinea Pigs

“This is a public health policy only Dr. Strangelove could embrace,” said Public Employees for Environmental Responsibility (PEER) Executive Director Jeff Ruch,  This week, the White House approved a radical radiation cleanup rollback that will threaten people near radioactive accidents. Cancer deaths are expected to skyrocket after radiological accidents with the harmful new “cleanup” standard.

“The White House has given final approval for dramatically raising permissible radioactive levels in drinking water and soil following “radiological incidents,” such as nuclear power-plant accidents and dirty bombs. The final version, slated for Federal Register publication is a win for the nuclear industry which seeks what its proponents call a “new normal” for radiation exposure among the U.S population, according Public Employees for Environmental Responsibility (PEER).

 Issued by the Environmental Protection Agency, the radiation guides (called Protective Action Guides or PAGs) allow cleanup many times more lax than anything EPA has ever before accepted. These guides govern evacuations, shelter-in-place orders, food restrictions and other actions following a wide range of “radiological emergencies.” The Obama administration blocked a version of these PAGs from going into effect during its first days in office. The version given approval late last Friday is substantially similar to those proposed under Bush but duck some of the most controversial aspects:

 In soil, the PAGs allow long-term public exposure to radiation in amounts as high as 2,000 millirems. This would, in effect, increase a longstanding 1 in 10,000 person cancer rate to a rate of 1 in 23 persons exposed over a 30-year period;  In water, the PAGs punt on an exact new standard and EPA “continues to seek input on this.” But the thrust of the PAGs is to give on-site authorities much greater “flexibility” in setting aside established limits; and resolves an internal fight inside EPA between nuclear versus public health specialists in favor of the former. The PAGs are the product of Gina McCarthy, the assistant administrator for air and radiation whose nomination to serve as EPA Administrator is taken up this week by the Senate.

Despite the years-long internal fight, this is the first public official display of these guides. This takes place as Japan grapples with these same issues in the two years following its Fukushima nuclear disaster.

“This is a public health policy only Dr. Strangelove could embrace. If this typifies the environmental leadership we can expect from Ms. McCarthy, then EPA is in for a long, dirty slog,” stated PEER Executive Director Jeff Ruch, noting that the EPA package lacks a cogent rationale, is largely impenetrable and hinges on a series of euphemistic “weasel words.” “No compelling justification is offered for increasing the cancer deaths of Americans innocently exposed to corporate miscalculations several hundred-fold.”

 Reportedly, the PAGs had been approved last fall but their publication was held until after the presidential election. The rationale for timing their release right before McCarthy’s confirmation hearing is unclear. Since the PAGs guide agency decision-making and do not formally set standards or repeal statutory requirements, such as the Safe Drinking Water Act and Superfund, they will go into full effect following a short public comment period. Nonetheless, the PAGs will likely determine what actions take place on the ground in the days, weeks, months and, in some cases, years following a radiological emergency. “

 For more information, go to http://www.peer.org/news/news-releases/2013/04/08/white-house-approves-radical-radiation-cleanup-rollback/


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Celebrating 20 Years of Environmental Justice at EPA

I had the good fortunate to attend a reception celebrating the 20th Anniversary of the establishment of the USEPA’s Office of Environmental Justice (OEJ) last week in Washington, D.C. This event celebrated the accomplishments of the Environmental Justice movement and recognized the work of many of the pioneers in the movement over the past 20 years. Lisa Garcia, Associate Assistant Administrator for EPA’s OEJ opened the evening’s events that included presentations by Charles Lee, former director of the OEJ and Vernice Miller-Travis, long time environmental justice advocate. Charles Lee looked back at the significance of his seminar report Toxic Waste and Race in the United States published in 1987. Key recommendations in this report included urging the EPA to establish an Office of Hazardous  Wastes and Racial and Ethnic Affairs which became the Office of Environmental Justice in 1992; urging the President to issue an Executive Order on Environmental Justice mandating federal agencies to consider the impact of current policies and regulations on racial and ethnic communities which Bill Clinton did in 1994; and further urging EPA to establish a National Advisory Council on Racial and Ethnic Concerns which became the National Environmental Justice Advisory Council in 1993. Vernice Miller-Travis spoke of other seminal reports and moments in the Environmental Justice Movement including the First National People of Color Environmental Leadership Summit and the formation of the Principles of Environmental Justice.

Environmental Justice Pioneer Awards were given to former EPA Administrator Lisa Perez Jackson and to Dr. Clarice Gaylord, the first director of the EPA Office of Environmental Justice. Also honored was Dr. Mildred McClain for her spirit and lifelong commitment to Environmental Justice. The most moving moment of the evening came when past heroes and sheroes (their word) of the Environmental Justice movement were recognized and honored. The individual images of sixteen leaders who had passed away in recent years were shown on a large screen in a moving video tribute. Virtually every one of these individuals were people I and others at CHEJ had known and worked with before. By the time the video tribute was over, I don’t think there was a dry eye in the room. It was very moving.

The newly appointed director of the Office of Environmental Justice, Matthew Tejada was also introduced that night. Matt was the former director of the  Air Alliance Houston. Music and refreshments were served to close out the evening as several hundred environmental justice activists and supporters shared memories and hopes for the futures. The theme for the evening seemed to be that much has been accomplished but much more still needs to be done, like all struggles for justice.

EPA’s Office of Environmental Justice has launched a 20th Anniversary Video Series that features government officials, non-profit leaders, academics and students who share inspiring and educational stories about the lessons they have learned while working on environmental justice. Click here to view the full list of blog posts and videos in this series.

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Making a Bad Decision Worse – Reselling Homes at Love Canal


Earlier this week, three families living in what was once the Love Canal neighborhood in Niagara Falls, NY filed a lawsuit against the state of New York for $113 million. The lawsuit alleges that the Love Canal landfill – with over 20,000 tons of toxic waste still sitting in the midst of this suburban neighborhood – is leaking and that people living nearby have become ill from chemicals coming from the landfill.

This year marks the 35th anniversary of the toxic waste crisis at Love Canal that led to the evacuation and relocation of over 900 families who lived around the toxic waste landfill. The events at Love Canal marked an important moment in history. It led directly to a sea change in how the country manages toxic waste; it was the impetus to the passage of the federal Superfund law that provides funds to clean up the worst toxic waste sites in the country; and it was the catalyst to the birth of a movement of grassroots leaders and community based organizations that changed the environmental movement in this country.

Lois Gibbs, who led the community efforts at Love Canal and who founded and is still CHEJ’s executive director, warned against resettling any of the homes around the Love Canal landfill. In a letter to the US EPA in 1989, Gibbs argued against allowing the area to be resettled for two basic reasons. First, the 20,000 tons of toxic waste that were dumped into the landfill remained in the middle of the neighborhood. The cleanup plan did not remove any of the waste and there were many uncertainties about whether the containment system would work, especially since there was no liner at the bottom of the landfill. Second, there were unacceptable levels of toxic chemicals throughout the Love Canal neighborhood including the areas targeted for resettlement. The cleanup plan did not address contamination outside the fence that surrounded the landfill, in areas where homes, once evacuated, were resold to innocent people who thought the area was safe.

Many of the new residents, some of whom I have personally talked with, believed the area was safe. It’s what the developers told them and what government officials led them to believe. Yet in 1988 when the state completed its evaluation of the contamination throughout the neighborhood, they never concluded that the area was safe. In fact, they found that 4 of the 7 sections of the Love Canal neighborhood were not habitable. And in the sections where homes were resettled, all they were comfortable saying was that it was as “habitable as other areas of Niagara Falls.”

What they did not say was that none of the Love Canal neighborhood was habitable after their first analysis which compared the levels of contamination in Love Canal to two neighboring towns. This conclusion was not politically acceptable, so they did a second analysis. This time they compared the levels of contamination in Love Canal to two selected areas of Niagara Falls. Both of these areas were suspiciously contaminated with many of the same chemicals found at Love Canal. Not surprisingly, they found the contaminant levels in Love Canal to be similar to the contaminant levels in these two select areas of Niagara Falls.  I doubt the people who bought resettled homes at Love Canal would have done so if they had known how this decision was made.

Love Canal was never habitable and people never should have been allowed to move back in. To get a copy of Lois’ letter to EPA or to learn more about the New York state habitability decision, contact CHEJ at info@chej.org.