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Technical Difficulties: The Long Road toward Superfund Site Remediation

Toxic environmental pollution is unfortunately widespread. If you follow Backyard Talk, by now you have probably heard the story of the West Lake Landfill near St. Louis, Missouri, a dumping ground for nuclear waste from the Manhattan Project toward which an underground fire is slowly creeping. Just last week a contingent from Just Moms St. Louis spoke at a D.C. press conference about the health challenges they and their children have faced while living near this polluted site. The following video shows footage from the press conference and the subsequent march: https://www.youtube.com/watch?v=XpSchIhnYdE.

One commenter on this video asked me whether homeowners could potentially avoid a situation like this through diligent research into the history of where they plan to live. Shouldn’t it be relatively easy to identify whether a site near your home is on the National Priorities List? The story of this site illuminates some common complications that arise during the process of identifying a toxic area and moving toward eventual remediation. It is exceedingly difficult for environmental scientists, let alone community members, to identify pollutants and quantify risks. This post summarizes just a few of the factors that make this process so complex.

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Just Moms St. Louis demonstrate outside EPA Headquarters

Many polluted sites go unrecorded and undetected. When you think of contaminated sites, what comes to mind? We might expect the ground under a former gas station to be loaded with organic contaminants, or predict pollution downstream from a factory. However, not all sites have a clear usage history with easily predictable exposures. This is especially true in the case of places like the West Lake Landfill where waste has been illegally dumped. Radioactive waste was illegally discarded in 1973, but wasn’t uncovered until 1977.

It’s a long road from detection to Superfund designation… The West Lake Landfill was discovered to be contaminated in the 1970s, but it wasn’t until 1990 that the site wound up on the National Priorities List, which designates it as a Superfund Site. How does a site end up on the NPL? There are several different mechanisms that the EPA uses to list sites on the NPL, all of which require extensive characterization of the hazards that are present, and of potential routes for human exposure. At the end of the day, not every polluted site ends up on the Superfund list – leaving still more undocumented but polluted areas. During these interim years, the West Lake Landfill was still polluted – it just wasn’t listed.

…And it’s an even longer road to remediation. Once the West Lake Landfill was placed on the National Priorities List, it was another 18 years until a cleanup plan was ultimately developed. The process of developing a remediation plan involves countless scientific studies, and meetings with PRPs (Potentially Responsible Parties) who are tasked with devising a cleanup strategy that makes sense for the site. During this time, communities are placed in limbo. They live in a documented toxic area, making it difficult to sell their homes, and while cleanup is planned or underway, their potential exposure to toxic compounds continues.

Even then, the unexpected can happen. Much of the current concern surrounding the West Lake site stems from the presence of a smoldering underground fire in an adjacent landfill, which is slowly making its way toward the radioactive waste. It took well over a decade for the EPA to reach a decision on what to do with the West Lake site, and now that this new factor has been introduced, the risks at the site have changed considerably. Any remediation will now have to account for the fire, and underground fires are notoriously difficult to stop.

It is difficult enough for environmental scientists and managers to detect environmental pollution, to determine the urgency of remediation activities, to decide on a plan, and to revise that plan if the unexpected occurs. It is nearly impossible for potential homeowners to keep abreast of the slow-moving yet unpredictable process of listing and remediating a Superfund Site.

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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

World Wide Environmental Justice Map



A terrific new resource is available to identify environmental justice (EJ) communities worldwide. The Environmental Justice Organizations, Liability, and Trade (EJOLT) has developed a worldwide interactive EJ Atlas. In an article published recently in the Guardian of London, an interactive map was published that you can click on a button and read the story about the struggle of local grassroots community based groups to address toxics waste sites, oil refineries, deforestation and much, much more.

According to the Guardian, “the EJ Atlas aims to make ecological conflicts more visible and to highlight the structural impacts of economic activities on the most vulnerable populations. It serves as a reference for scientists, journalists, teachers and a virtual space for information, networking and knowledge sharing among activists, communities and concerned citizens.”

The article goes on to say that the atlas was inspired by the work of participating Environmental Justice organizations including the World Rainforest Movement, Oilwatch International, OCMAL, the Latin American Observatory of Mining Conflicts, whose work fighting and supporting impacted communities for over 20 years has helped articulate a global movement for environmental justice. The atlas is a project of Ejolt, a European supported research project that brings together 23 organizations to catalogue and analyze ecological conflicts. The stories were entered by collaborating activists and researchers and moderated by a team at the Autonomous University of Barcelona.

“Beyond stories of disaster and degradation, the struggles documented in the atlas highlight how impacted communities are not helpless victims. These are not only defensive and reactionary battles but proactive struggles for common land, for energy and food sovereignty, for Buen Vivir, indigenous ways of life and for justice. The environment is increasingly a conduit for frustrations over the shape of capitalist development. Tracking these spaces of ecological resistance through the Environmental Justice Atlas highlights both the urgency and the potential of these movements to trigger broader transcendental movements that can confront asymmetrical power relations and move towards truly sustainable economic systems.”

Last year the U.S. portion of the Atlas went live and included the 40 most influential environmental justice cases in U.S. history as identified from a national survey of environmental justice activists, scholars, and other leaders. The survey and mapping effort were led by professors Paul Mohai and Rebecca Hardin and a group at the University of Michigan’s School of Natural Resources and Environment.

Below are links to the article and the Atlas, including a link that takes you directly to the U.S. portion.

Mapping the Global Battle to Protect Our Planet

http://www.theguardian.com/global-development-professionals-network/2015/mar/03/mapping-environmental-protest-justice-defending-land?CMP=share_btn_tw#img-1

Map of Environmental Justice Conflicts in the U.S.

http://ejatlas.org/country/united-states-of-america

Map of Environmental Justice Conflicts Worldwide

http://ejatlas.org/



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Backyard Talk

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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Backyard Talk

The Circle of Poverty and Poison

This past month I’ve spent time with several grassroots organizations fighting to protect their families from environmental chemical threats. In each case I was reminded of how impossible it is for parents, with dreams of a bright successful future for their children, to achieve their goals while living in the circle of poison and poverty.

Many parents in low wealth communities, tell the story of how they work hard to support their children in school. Moms and dads make sure their homework is done, provide the healthiest breakfast and lunch they can afford and attend as many meeting and events that time allows. They want their children to succeed in school, to learn the skills needed to later secure a job that will bring them a better life.

Yet, no matter how hard parents try they often can’t stop the environmental poisons in the air, water or land. As the children leave for school the toxic air triggers an asthma attack. A parent must lose a day of work, daily earnings, and take the child to the hospital or care for the child at home. When a child is exposed to other environmental chemicals, or maybe even the same ones that cause the asthma, they can suffer from various forms of central nervous system irritants that cause hyperactive behaviors, loss of IQ point or a host of other problems that interfere with learning potential.

The end result is the child becomes frustrated because s/he can’t keep up with what is required at school because of being sick or unable to focus and often drops out of school. That child and the parent’s dreams disappear. A healthy baby, poisoned for years from environmental chemicals, life is forever altered. Often unable to earn enough money to ever leave the poisoned community, possibly even raising their own families in that same neighborhood, continues another generation within the circle of poverty and poison.

America’s environmental protection agencies are responsible for a healthy environment. As we all know the agencies fail often and even more frequently in low wealth communities. In my conversations with leaders in such areas I hear over and over again, parents saying we had so much hope for our child but the chemicals destroyed that hope. Our family can’t afford to move and our children can’t succeed if we stay and they are poisoned. What are families supposed to do?  I can’t answer that question, except to say keep speaking up and out. Can you answer parent’s cries for a solution?

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Backyard Talk

SAN Trimer: The hidden killer behind the Reich Farm Superfund Site

Styrene-acrylonitrile trimer. It sounds like some sort of noxious mega-rocket fuel that Wile E. Coyote used to power his Acme rockets as he tried to take the Roadrunner down. Turns out styrene-acrylonitrile trimer, or SAN trimer for short, is not so far from being just that as the residents of Toms River, NJ painfully and tragically found out.

SAN trimer is a compound set of similar semi-volatile chemicals that are formed during the production of acrylonitrile styrene plastics. This compound is relatively new to modern toxicology, having been studied in depth only within the past decade and a half. As a result, its toxicological properties remain poorly understood – and the residents of Toms River and its surrounding areas paid the price for our lack of understanding and, most importantly, our carelessness.

In 1971 a waste hauler working for Union Carbide improperly disposed of drums containing toxic solvents on a section of the three-acre Reich Farm property in Toms River leading to massive soil and groundwater contamination with volatile organic compounds such as trichloroethylene (TCE) and perchloroethylene (PCE). Consequently, the New Jersey Department of Environmental Protection and USEPA worked to address the site’s contamination, introducing it into the National Priorities List in 1983, developing a cleanup plan in 1988 and culminating the soil portion in 1995 (groundwater treatment was ongoing).

However, the SAN trimer lay hidden in the groundwater undisturbed by the treatment system – silently eating away at the health of the local residents. In 1996, significantly elevated rates of certain childhood cancers were found in the Toms River area. A staggering total of 90 cases of childhood cancer were reported from 1979-1995. New Jersey authorities were baffled by this and frantically looked for possible causes. Finally, with the help of the U.S. Agency for Toxic Substances and Disease Registry, they found a possible culprit as high concentrations of the SAN trimer in groundwater surrounding the Reich Farm Superfund Site were detected. Despite having practically zero understanding of the toxicity of SAN trimer, this find led to an update in the groundwater treatment system designed to remove the SAN trimer. Simultaneously, the National Toxicology Program was asked to conduct studies on the SAN Trimer to determine its health effects, and they completed their review in 2012.

The results concluded that the SAN trimer has potential to cause peripheral nerve degeneration, bone marrow hyperplasia and urinary bladder hyperplasia, while also concluding that it has no carcinogenic effects. However, the study consisted of 7 week, 18 week, and 2 year reviews of rats exposed to the SAN trimer as well as bacterial assays. These studies were quite limited and simply underscore our incomplete knowledge of SAN trimer toxicity. Furthermore, although not statistically significant, dose-related increases in DNA damage in brain and liver cells of test rats were observed pointing the way towards a possible association with cancer.

What is clear is that the SAN trimer is one of many new chemicals whose toxicity we simply do not understand. The reality is that it was present for nearly 20 years at the Reich Farm Superfund Site, and it ate up the lives of the children living there. Now, over 35 years since the site became contaminated, EPA held a public meeting in Toms River last Friday to explain how the SAN trimer is not responsible for the cancer cluster that devoured so many lives. And what are they basing this assessment on? On the lie they tell themselves and the rest of the public – that we understand how the SAN trimer works on our bodies, and that this hidden killer is not responsible for ruining 90 lives.

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Backyard Talk

Former DNR Official Issues Open Letter About Handling of Burning Bridgeton Landfill

A former official with the Missouri Department of Natural Resources writes a sizzling farewell letter about the burning Bridgeton landfill. He has issued an open letter claiming politics – not science – is dominating the state’s handling of the landfill crisis. Norris says within the DNR, scientists are “losing their minds because they are fighting their own management structure,” which seems more concerned with politics than public safety. He says there is “an overall cozy relationship between the landfill owner and the DNR.” Read more.

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Backyard Talk

Superfund Under Attack

The House Energy and Commerce Subcommittee on Environment and the Economy, chaired by Rep. John Shimkus (R-IL), held a hearing this week on three legislative proposals that pose a serious danger to the Federal Superfund toxic waste site cleanup program.  Earthjustice, Sierra Club, CHEJ and others are sending a letter to the policymakers this week to express strong opposition to the “Federal and State Partnership for Environmental Protection Act of 2013,” which weakens the nation’s Superfund law  and places American communities at risk of increased toxic exposure. The bill will increase litigation that will cause delays in cleanups and establish roadblocks to listing new toxic waste sites. The amendments contained in the bill will place our communities and their environment in danger and increase the cost of hazardous waste cleanup for U.S. taxpayers. 

While the Republicans are attacking Superfund, they are also continuing to oppose refinancing the financially ailing program, which means hundreds of leaking toxic waste sites are not being cleaned up.  This is a travesty and a public health crisis. 


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Backyard Talk

Toxic Flipper Dies

A polluted dolphin in Brooklyn was “killed by government incompetence,” wrote Andrea Peyser’s in her New York Post article, January 28, 2013.

“It broke the heart of the hardest New Yorker. Even mine. Just one living soul in this city was slain during the nine days ending Friday, during a bone-chilling cold snap that kept the guns still. The Gowanus Canal Dolphin. The marine mammal was a victim of another kind of homicide. The dolphin was killed by acute bureaucratic neglect and incompetence. There was no saving the poor, lost soul. Rest in peace.

The species is called the common dolphin. But there was nothing common about this gentle creature. The 6-foot miracle floated Friday morning to a spot near Union Street, in the revolting and polluted Brooklyn canal. It’s a 1.8-mile garbage dump stretching from Gowanus Bay to New York Harbor.

Like a long, filthy puddle, the canal is strewn with more than a century’s worth of foulness. Old tires, used syringes, grocery carts.

Pesticides. Metals. Cancer-causing PCBs. The Gowanus has long been bestowed with the reputation of being the spot where the mob disposes of bodies, which are meant to virtually dissolve in the putrid water.

In the late ’90s, a photographer I know found a corpse floating in the murky canal. Cops told him the dead man was probably killed by a prostitute. Nothing to see here.

And yet the rancid waterway sits between the multimillion-dollar houses of star-choked Park Slope (Maggie Gyllenhaal, Patrick Stewart) and fame-friendly Cobble Hill, Carroll Gardens and Boerum Hill (Norah Jones, Michelle Williams). How authorities could allow the Gowanus to exist in its rank condition for a day, let alone 100-plus years, is a made-in-New York mystery. (The thing was built in the mid-19th century, and deteriorated as quickly as people could invent chemicals to dump.)

Maybe the dolphin, sick or hurt, sensed he was in friendly company. No one knows where the animal came from. The age is unknown. The beast was male, said biologists.

A crowd formed for hours as the dolphin, its dorsal fin bleeding, swam in circles, gasping for air. Clinging to life. I’m not what you would call an animal person. But the mesmerizing sight of the dolphin swimming in a nasty realm not known to support amoebas, let alone a magnificent creature, gave me hope.

Rescue workers arrived. People prayed. Shortly after 5 p.m., a lone man stepped into the ice-cold water, risking infection or disease. He stroked the dolphin, gently. The animal seemed to like it. The man did what rescue workers would not.

Police and experts from the Riverhead Foundation for Marine Research decided against going in the cesspool of a canal. They waited instead for the tide to rise at about 7 p.m., allowing the animal to swim to safety without stressing out, or grossing out, workers.

“We’re concerned about the animal, but we’re concerned about our safety first,” biologist Julika Wocial told The Post. By 5:30 p.m., the dolphin stopped moving. Just after 6, Wocial said, it had breathed its last.

Yesterday, biologists planned to conduct a necropsy, or animal autopsy, to find out what happened Could the tragedy have been prevented? Maybe not. It took decade upon decade of dumping, paired with official sloth, to make the canal unsafe for rescue workers to enter. The animal was doomed from the start.

In 2010, the federal government declared the canal a Superfund site, angering Mayor Bloomberg, who wanted the city to clean it up. But nearly three years after the feds took over, nothing.

Just this week, the government got around to holding public hearings about cleaning up the canal, over 10 to 12 years, at a cost to taxpayers of $504 million.

What took so long? As the morons blathered, a dolphin died. Rest in peace, big guy. Sadly, you won’t be the last creature to suffer.”


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Backyard Talk

Our Children's Schools Matter – When We Fail-They Fail

It is sad that across the country as new youngsters are entering school they are placed in harm’s way. Their emotions are mixed worried about leaving their home, daily environment and routine, while at the same time excited about their new experiences.  But toxic dangers in the air or nearby are not part of their mantra.

Yet in schools across the country parents are concerned that the location of the school building will threaten the health of their children and possible their children’s ability to lean. For example, in Richmond, Virginia there is a petition, asking the Richmond School Board to ensure the preschoolers of Norrell Elementary, near a landfill are being educated in a safe environment.  Although the petition has gained some national attention to an issue, there hasn’t been any resolution to longstanding concerns to Richmond, Virginia residents.  It hasn’t provided the pressure yet to force authorities to answer parents questions.

It has with 27,370 signatures created awareness about schools on landfills across the country and beyond. And, signatures on this petition has provided energy to beleaguered city residents who feel like they’ve been disregarded and disrespected by authorities.  A new round of testing has been committed of the school building grounds near the landfill but there is no evidence of safety.

“Local resident Kim Allen said, these developments have empowered us as we’ve come to know ourselves as people who make a difference in our community.  I, and other private citizens like me, are lending a voice to concern for the safety of children, children like my four-year-old nephew Malachi. We speak on behalf of ourselves and our families. Being a private citizen is a privilege and a powerful place to stand when addressing the safety of the children who attend Norrell Elementary school.

The question I asked myself was, Would I be okay with Malachi being in the Norrell School building for 6 hours a day, 5 days a week?  My answer . . . I don’t know. Given that concern and the urgent nature of the matter, I helped to initiate the petition.”

Despite working for over thirty years at CHEJ I’m still shocked by the blatant disregard for children’s health year after year.  Schools continue to be built on or near dumpsites like Ms. Allen speaks about or the school built in Detroit literally on top of a Superfund site. Most of these schools, not surprisingly, serve low wealth and communities of color.

Further harming everyone in the school family, when the children fail at the standardized testing it is the parents or the teachers fault — not the fault of the chemicals that inhabit their ability to learn or cause them to be sick and absent too often from school to keep up.

In Houston, Texas their recently built high school, which houses 3,500 students, is encircled by a dozen chemical facilities.  So close that if there is an accident or release at any of them, the children are trapped, left only to put wet paper towels along the window sills.  Yet, the releases from these facilities are constant and as children enter, leave or go outdoors for recess or sports they are exposed to air pollution daily.  Like the other schools when these young people fail at meeting the goals of standardized testing their parents and teachers are blamed.

It is time for all Americans to stand up and speak out about putting our children in harm’s way.  It is our tax dollars that are building these schools and we should have laws that compel schools authorities to build places of learning in safe environments.  Enough is enough.  Our children matter and are the future of our country.