Center for Health, Environment & Justice
Donate

Tag: EPA

Categories
Backyard Talk Homepage

Pyrolysis & Gasification Exemption: A BIG Win for Local Communities

Image credit: book cover for “Evolution of a Movement” by Tracy E. Perkins.

By Stephen Lester.

In a major win for grassroots community groups throughout the country, the USEPA decided last week to withdraw its plan to relax clean air regulations applying to pyrolysis and gasification facilities. After receiving 170 comments mostly opposing the agency’s plan to relax its regulations, the EPA said that it needed more time to consider the many complex and significant comments it received. And while it’s being reviewed, the current Clean Air Act rules that apply to pyrolysis and gasification facilities will stay in place.

This mean that these processes will continue to be regulated on equal footing to incinerators, as they have been for nearly 30 years. Pyrolysis and gasification facilities are currently regulated under the Clean Air Act, and are required to meet strict emissions standards that include emissions monitoring and reporting requirements.

The EPA proposed changing the rules that applied to pyrolysis and gasification facilities during the Trump Administration following heavy lobbying from the plastics industry and the American Chemistry Council. The plastics industry has been pushing hard to get the agency to redefine what qualifies as an incinerator and to exclude pyrolysis and gasification facilities from this definition. Currently, these facilities are considered under the same rules that apply to incinerators. Had this change in policy been approved, there would be no air pollution rules or regulations that pyrolysis and gasification facilities would have to follow.

Over the past year or so, the American Chemistry Council has invested billions of dollars into projects that use pyrolysis and gasification to burn waste plastics. This investment is in lock step with the plastic industry that is looking for ways to address the growing quantities of plastic waste that is generated each year. In a report by the Organization for Economic Cooperation and Development (OECD), the annual production of plastic is expected to triple by 2060 to 1.23 billion metric tons yearly, while only a small portion (~9 percent) will actually be recycled.

The American Chemistry Council has also been working at the state level to pass legislation that redefines processes such as pyrolysis and gasification as non-waste. This is so that these facilities could be regulated as “recycling” facilities that manufacture a product, an energy, or a fuel than can be burned. In this way, these facilities do not have to meet the stringent air and water quality requirements that an incinerator has to meet. According to Inside Climate News, 24 states have currently passed laws that recognize these facilities as being manufacturing rather than waste management.

While this is a big win for the many grassroots groups, and statewide and national environmental groups that sent comments to EPA opposing this rule change, the plastics industry and its partners will not let this go easily. No doubt they will continue to push EPA to make this change. They have already invested too much in this effort. We need to continue to be vigilant in opposing efforts to relax the rules that apply to pyrolysis and gasification facilities. Congratulations to all who contributed to this effort!

Categories
Backyard Talk Homepage

Reducing the Reuse of the Recycle Sign

By Hunter Marion.

In 2021, California passed a law restricting the use of the classic recycling symbol upon products that are not truly recyclable. Last May, this law, and substantial complaints over the years, triggered an official comment by the EPA against the Federal Trade Commission (FTC). This comment encouraged the FTC to update its Green Guides to regulate the symbol’s use more stringently amongst plastics companies.

At the heart of this issue, the EPA, several concerned environmental groups like Greenpeace and Beyond Plastics, and even the Biden Administration have found that the use of this symbol perpetuates plastic pollution and misleads consumers. This misleading stems from the linked usage of the recyclable symbol with “resin identification codes” (RIDs) on single-use plastics.

Simplified, RIDs range from 1 to 7, with 1-2 being plastics that are generally able to be successfully recycled, while plastics labelled 3-7 are instead trashed in landfills or incinerated. However, the general recycling populace usually knows nothing about these numbers, identifies the recycling symbol, and throws all their plastic into the same bin. Doing this creates a dramatic chokepoint for waste collection companies who must separate and sort the mixed plastics at their materials recovery facilities (MRFs). Consistently backed up and under pressure, a sizable portion of these plastics are not properly separated and are often dumped or burned.

While banning the recycling symbol for non-recyclable products would help cut down rampant waste and curtail decades of greenwashing, environmental advocates still push for the total reduction in plastics use by consumers entirely. Both Greenpeace and Beyond Plastics reported that in 2021 only 5-6 percent of the total plastic produced by the U.S. was effectively recycled. Over 400 million tons of plastic are produced every year, 42 million tons in the U.S. alone.

Greenpeace’s John Hocevar says that we “have to stop thinking of all this throwaway plastic as recyclable and treat it for what it is: a very problematic type of waste.” This should be the most important takeaway from this issue. Plastic, no matter how recyclable, is not a viable product that should be used on a mass scale. It should not be ubiquitous to almost every aspect of our lives. Instead, like Hocevar and Judith Enck from Beyond Plastics suggest, we should strive to distance ourselves from purchasing or using plastics in our everyday lives. Instead of getting fixated on the recycling portion, we should focus on the widescale reduction and, if possible, safe reuse of plastics rather than making more.

Categories
Backyard Talk Homepage

Betraying the Public’s Trust – EPA’s Terrible Response to East Palestine, OH

Betraying the Public's Trust
Photo credit: Michael Swensen/Getty Images

By Stephen Lester.

Since immediately following the train derailment and intentional burn of toxic chemicals in East Palestine, OH, the USEPA has betrayed the public’s trust in government. The agency has put out a steady stream of statements telling people that everything is alright. They saw no reason to test for vinyl chloride, for example, even after the railroad company, Norfolk Southern, dumped 5 tankers cars into a ditch alongside the railroad tracks and then intentionally set it on fire. EPA did this with other chemicals as well.  

They continued to tell people that everything was fine even though they saw no reason to test for dioxin even though there was no question that dioxin, one of the most toxic chemicals every tested, would be generated when the vinyl chloride was burned.

The Region 5 Administrator got into the act when she said that EPA couldn’t test for dioxin because they don’t know what the background is. Really? And when EPA reluctantly agreed to test for dioxin, they immediately said that they expected to find dioxins at levels consistent with background.

Soon after the testing began, EPA repeatedly and aggressively downplayed the presence of dioxins and other toxic chemicals in East Palestine while providing little if any data to back up their claims. The agency seemed much more concerned with controlling a predefined narrative than they were with honestly responding to the concerns and questions raised by the public.

This is confusing because the agency is very familiar with dioxins. They understand the serious health risks that exposure to dioxins poses. For more than 25 years, the agency studied the health risks of dioxins. Exposure to dioxins can cause cancer, reproductive damage, developmental problems, type 2 diabetes, heart disease, infertility in adults, impairment of the immune system, skin lesions and more. Yet the agency has been desperate to convince the public that there is no cause for alarm.

My guess is that they are pushing so hard because they don’t have answers to the many questions people are asking about dioxins. While it’s not easy to address these questions, it’s irresponsible for the agency to pretend that dioxins are irrelevant.

The EPA‘s mission is to protect human health and the environment. Clearly the situation in East Palestine is the place where EPA should follow its mission and do right by the people who live in this community. EPA must conduct testing for dioxins and other chemicals that is intended to tell people specifically what they have been exposed to and then analyze the results in a way that helps people understand the risks they face.

The people who live in East Palestine have a right to this information so they can make informed decisions about their future. If EPA continues to betray the public’s trust, then the agency will be responsible for people living for years without clear answers about what happened in East Palestine, OH.

Categories
Backyard Talk Homepage

Why Are We Unprepared for Environmental Disasters?

Photo credit: Matthew Hatcher/Bloomberg via Getty Images

By Leila Waid.

The train derailment in East Palestine, Ohio, shows that our country is unprepared to address environmental emergencies adequately. Environmental disasters of the past show that accidents, just like human error, are inevitable. But how our society responds to these events can make all the difference. It can mean the difference between a life lost, and a life saved.

The Norfolk and Southern train derailment carrying toxic materials, such as ethanol and propane,  was not the first environmental emergency facing our country. Other human-made ecological disasters that have impacted the health and safety of the communities include the Love Canal toxic waste site, the Exxon Valdez oil spill, the Deepwater oil spill, the California fires caused by the Pacific Gas and Electric Company, and the Ringwood Mines Landfill Site.

There is no certainty that such destructive environmental events, like East Palestine, will never happen again, especially since there are an average of three train derailments per day. Of note, the Norfolk and Southern CEO, Alan Shaw, refused to support the Railway Safety Act of 2023 during the March 9, 2023 Senate hearing on the derailment. Shaw’s lack of commitment to safety improvements is even more staggering in the context of another one of the company’s trains derailing the morning of the hearing. During the hearing, Shaw also refused to commit to covering the healthcare costs of the community members impacted by the toxic fumes released into the air.

So, if it is likely that these events will keep happening and communities will keep facing environmental injustice. What can be done? One solution is to create a national response team within the Environmental Protection Agency (EPA), called the EPA National Response Center (EPANRC). Within this proposed EPANRC, a Rapid Response Team would be created that is tasked with monitoring potential environmental hazard scenarios and be equipped to respond quickly to various toxin-related emergencies. The proposed EPA Rapid Response Team (EPARRT) would consist of multiple experts with different skills, including toxicologists, epidemiologists, environmental health scientists, public health emergency planning officials, and communication experts.

A model like the one proposed already exists for other federal agencies. For example, the Food and Drug Administration (FDA) have protocols in place for when contaminations are found in the food supply, such as when E.coli was detected in lettuce. The Centers for Disease Control and Prevention (CDC) also have various resources and teams in place to address infectious disease outbreaks. With the increasing number of actual train derailments and potential derailments, now is the time that environmental justice emergency issues are provided equal attention and the same amount of support at the national level, like the ones which already exist at the CDC and FDA.

How would an EPA National Response Center benefit the impacted communities? The guiding principle of the Center would be to protect the communities and empower them with timely and vital information. For example, if such a Center existed for East Palestine, it could have prevented the controlled burn of hazardous material in five train cars. In the Senate hearing, Eric Brewer, the fire chief who was one of the first responders on the scene of the accident, thought the decision to go from burning only one of the train cars to five as shocking and astounding. Scientists argue that the act of burning off the material in those trains released dangerous toxins into the air. Specifically, it could have caused the community to be exposed to dioxin, one of the most harmful toxins to human health.

One of the main themes expressed by the East Palestine residents is frustration with the lack of answers given to them by Norfolk and Southern, state, local and federal governments. The proposed EPA National Response Center (EPANRC) would have a framework for interacting with the community immediately and providing them with the most transparent information on a minute-to-minute basis. The EPANRC would not work in a bubble but instead organize and collaborate with the community leaders directly and immediately to provide them with necessary resources and information.

Another benefit of having the proposed EPANRC would be to address community issues directly and would not rely on the politics of the local, state or federal governments. Also, what is often overlooked, is that environmental disasters do not stay within the state or regional borders. The impact of these types of disasters affects communities that are miles away from the initial impacted community. For example, the train derailment in East Palestine happened right next to the Pennsylvania border. Now residents in Pennsylvania are just as harmed by the toxins, as those in East Palestine, Ohio.

Like the event in East Palestine, when an environmental disaster happens in a small town that does not have the resources to respond to it, that should not mean that the people in that location must suffer the consequences of having toxic air and water in their communities. This proposed EPANRC would make sure that all environmental disasters are handled with the safety of the people as the priority and would safeguard and allocate the resources to make that happen.

The bottom line: No matter where someone lives or what their zip code is everyone deserves access to a clean and safe non-toxic environment.

Categories
Backyard Talk

The Rachel Carson Amendment

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

Categories
Homepage News Archive

EPA Grants Oklahoma Control Over Tribal Lands

The Environmental Protection Agency (EPA) has granted the state of Oklahoma regulatory control over environmental issues on nearly all tribal lands there, TYT has learned. This strips from 38 tribes in Oklahoma their sovereignty over environmental issues. It also establishes a legal and administrative pathway to potential environmental abuses on tribal land, including dumping hazardous chemicals like carcinogenic PCBs and petroleum spills, with no legal recourse by the tribes, according to a former high-level official of the EPA.
Read more…
Photo credit: Pool photo by Al Drago via Getty Images

Categories
Homepage News Archive

Environmental agencies are violating civil rights laws — and the EPA is letting them

In the early 1990s, the Michigan Department of Environmental Quality held a series of public hearings to consider whether or not to grant a permit to the Genesee Power Station, a wood-burning facility that was to be built in a low-income, predominantly Black neighborhood in Flint. The hearings were supposed to be an opportunity for the community to weigh in on the effects that the resulting pollution would have on their neighborhood, but the agency held the hearings 65 miles away, had armed guards present when speakers testified, and prioritized white attendees over Black attendees. The permit was approved, and pollution from the facility later led to the Environmental Protection Agency (EPA) classifying it as a “significant violator” of environmental rules.
Read more…
Photo credit: Andrew Lichtenstein / Corbis via Getty Images

Categories
Stories of Local Leaders

Karen Nickel and Dawn Chapman: Just Moms STL

By: Jenna Clark, Communications Intern
Karen and Dawn will tell you that they are “just moms,” but you shouldn’t believe them. Just Moms STLIn their
community of West Lake, Missouri, these two moms have led the battle against nearby nuclear waste. For 8 years, they have diligently organized community members, educated
local officials, spearheaded investigations into toxic waste mere miles from their homes, called EPA administrators day in and day out, and ultimately achieved their goal: federal recognition of its responsibility for the nuclear waste that threatens their community’s health, and its impending removal. 
Rather than “just moms” it might be better to say that they are “moms, and…” Moms first, unequivocally and with pride, but just moms, never.
For Karen and Dawn, their kids are inextricable from their stories of the fights, challenges, and victories of their mission. Karen potty trained her youngest while calling the EPA: “When I first got involved in this, 2012, 2013, that was right when my youngest was potty training. And we’d be on a conference call with the EPA, and he’d be hollering for me from the bathroom. And I’d be quietly slipping him Cheerios and books and saying ‘you can’t get up until you go!’” Her kids are now 10, 12, and 14, and the oldest has an autoimmune disorder, likely caused by the toxic waste practically in their backyard.   
Karen not only raised her own children near to tons of nuclear waste, she grew up there herself. After learning in 2012 that the Army Corps of Engineers was cleaning up a site adjacent to her home in West Lake, she realized that both she and her children had been exposed: “After attending that meeting I learned that I was raising my own four kids now, miles from a burning radioactive landfill. The fire had been burning since 2010, and I had been raising my own kids here for the past 20+ years. So, I have 4 kids, 3 of them are grown, one just graduated from high school, and I have grandchildren. We’ve been working on educating, promoting, raising awareness about the West Lake Landfill.” 
The problems with the West Lake Landfill begin with the Manhattan Project in 1942. As the U.S. military sought to build the world’s first nuclear bomb, barrels of toxic waste from the uranium purification process were left outside of St. Louis. In the 1970s, efforts were made to clean up the site, without much success. Some was sent to be stored in Colorado, but much of the radioactive soil was dumped illegally into the West Lake Landfill.  
For decades the presence of nuclear waste wasn’t acknowledged. However, in 2010 a fire began in the nearby Bridgeton Landfill, which is adjacent to the West Lake Landfill. With the fire came an intense stench. Karen and Dawn started to notice. 
Dawn explained how she and Karen began working together: “Karen and I were neighbors and we didn’t even know. We had been living right around the corner from each other for years. I found out because I could smell the toxins from the fire that were coming out. And I put a call in to the local municipality, and they didn’t want to answer any questions. And I thought, oh God. And they sent me to the state regulator, which was the Department of Natural Resources…He was just pouring information out, and was really panicked. And I thought, this is a big deal.”  
Once Karen and Dawn learned about the waste, they began a long term effort for its removal, and founded their organization, Just Moms STL. Karen credits team-work and connectivity as a major reason for their success: “Most importantly we used the connections that we had, both Dawn and I being involved with PTA’s in school and what not. We literally started one family at a time, sitting down and showing them documents that we had read about the fire. We spent really the first 2.5 years just educating, 24 hours a day, sitting with documents, just learning what we could learn. And then taking that out into the community and building relationships with other community leaders…You have to make those connections because you have to start building your army. Because this is a fight, and we need an army.”  
Their best advice for activists just getting started? Find a team you trust. And if you can’t find one, create one: “Find a Karen. Find a Karen Nickel. Don’t isolate yourself within this fight, find a group, find somebody that you can really trust and count on,” says Dawn.  
She adds, “Have a goal. What do you want to see happen at the end of this? And be prepared that should you achieve it, validation doesn’t feel like you think it is going to feel...Forget everything you knew about how change happens.”  
For Karen and Dawn, this means that even now, after they “won” their battle, they still have work to do. Many of the problems caused by the nuclear waste and other toxic materials in their community still exist. Many people in the area, including Karen, will be dealing with negative health effects from the pollution for their entire lives.  
 Acknowledging this, Karen and Dawn’s story illustrates the power of team-work and community activism. With enough determination and drive, it is possible to create change. The groups responsible for large scale pollution can be held accountable for their actions, and you don’t need professional training or to be a policy or legal expert to do it. Yes, you can even be “just” a mom. As a part of our new series, Living Room Leadership, we recently spoke with Dawn and Karen. Watch our conversation here.

Categories
Homepage News Archive

Trump Administration Narrows Water Protections: Increases Risks of Drinking Water Contamination

The EPA redefined protections of water through its new navigable waters rule on June 22, one that largely cuts out storm water runoff from being regulated by the EPA. This change could have a large detrimental impact on drinking water quality in areas and could therefore result in greater human health risks. Thus far, the new rule went into effect in all states except Colorado, where a federal judge in Colorado was able to block the Trump administration’s narrowing definition of water protections. Read More
Photo by Suhel Nadaf on Unsplash

Categories
Homepage News Archive

Polluting Companies Turn to State Environmental Regulatory Agencies to Lower Regulations During Covid-19

While the EPA continues to cut environmental regulations, the country’s most polluting industries are now turning their focus to state environmental regulatory agencies. Many companies have recently asked state regulators to relax or delay pollution monitoring requirements, claiming that Covid-19 has made them unable to comply with laws that protect the public from the health hazards of pollution. The majority of states do not publish any information about companies that say they are struggling to comply with environmental laws, meaning that most Americans that live near large polluting factories, refineries, and farms are unaware whether the pandemic has led to more pollution in their areas or not. Read More