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EPA Can Map Environmental Justice Communities – Can They Stop The Poisoning?

Today we know how to identify Environmental Justice communities but what is the U.S. Environmental Protection Agency (EPA) doing to relieve their community burdens? A new mapping tool created by the EPA, called EJSCREEN was recently released. This tool is great for academia or researchers but how does it help environmentally impacted communities? Why is generating information, that community already know because they are living with the pollution and associated diseases daily, more important than helping them?

CHEJ, for example, has worked for over thirty years with Save Our County in East Liverpool, Ohio This community in the 1990’s was defined by EPA as an Environmental Justice community, through their evaluation process which is the same as the mapping categories. Yet nothing has changed as a result of this definition.

  • The hazardous waste incinerator, WTI, still operates and remains for most of the time in violation of air and other standards.
  • Other industries continue to pollute with little enforcement.
  • An elementary school was closed due to the air emissions from the WTI Incinerator stack which is almost level to the school windows (incinerator is in the valley) stack peeked over the embankment. The City was force to shoulder the costs of relocating students and staff.
  • In the past several years new wells were drilled for natural gas extraction and infrastructure.
  • The community has the highest number of cancers in their county than other similar counties in the state.

    Nothing, absolutely nothing, has changed in East Liverpool, Ohio as a result of being defined an environmental justice community.

  • No decision to stop new polluting industries from setting up shop.
  • No action on denying permits, when they have been a significant repeat violator of the laws and regulation, when up for renewal permit.
  • No fee data and information when requested under the freedom of information requests.
  • No additional public comment meetings for new or existing permits. Absolute nothing changed in East Liverpool, OH and so many other communities.

    Thank you EPA for providing a tool for academics, for communities to say yes our community qualifies (although they already knew) and for real estate and banking institutions to provide information that will make it more difficult for families in Environmental Justice communities to secure a home improvement loan or sell their property.

    Now can you spend some time and money on reducing the pollution burdens and assisting with the medical professionals for disease related injuries.

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    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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    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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    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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    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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    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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    Linking Adverse Health Effects and Chemical Exposures

    One of the most common questions I get asked is about the health effects of toxic chemicals. Will the chemicals in the landfill harm my children? Will the emissions from the plant cause my family to get cancer? Did the chemicals off-gassing from the PVC flooring cause my son’s asthma? The questions continue every day from people across the country.

    Most of what we know about the toxicity of chemicals comes from animal studies and from studies of workers who manufacture the chemicals. From this experience, we’ve learned that dusty air causes lung cancer, benzene causes leukemia, radioactive paint causes bone cancer, vinyl chloride, liver cancer, and certain pesticides cause muscle weakness and paralysis. There’s also limited evidence from studies in communities, especially among children who are highly susceptible to toxic chemicals. At Love Canal, for example, there were high rates of miscarriages and children born with birth defects; in Tucson, AZ, children whose parents drank water contaminated with trichloroethylene (TCE) were born with 2-1/2 times more heart defects than normal; in Toms River, NJ, high rates of childhood cancer was linked to drinking water contaminated with TCE and other solvents; and in Woburn, MA, increased rates of childhood leukemia were associated with drinking contaminated water.

    There is no question that exposure to toxic chemicals causes adverse health effects. But for nearly all chemicals there is not enough information on what happens when people are exposed. At best, there’s good information on the toxicity of only about 10% of over 80,000 chemicals in use today.

    This makes it very difficult to say with certainty what health effects will occur following exposure to toxic chemicals. Among the uncertainties are how an individual body responds to exposure (this varies quite a lot from person to person), how long exposures occur, how many chemicals you’re exposed to and the actual toxicity of the substance. In most instances, these factors are unknown.

    Another confounding factor is that many symptoms or diseases are not specific to a particular chemical. In most instances, there can be many causes of the symptoms that people are having. And since few physicians know much about toxic chemicals, they often tend to blame the victim for his or her situation rather than looking at chemicals as a possible explanation. For example, many physicians will diagnose a person who is fatigued, moody and without appetite as “depressed,” likely to have a problem at home or at work. Seldom is exposure to toxic chemicals considered, even when raised by the patient.

    Still another problem is determining the “normal” rate of an illness or disease in a community or in a group of people. Scientists simply can’t decide amongst themselves what is normal, in large part because of the many uncertainties already mentioned.

    As a result, evaluating chemical exposures is largely a matter of opinion, not fact. Scientists can give you estimates of risk, or tell you what adverse effects are typically associated with exposure to a chemical, but they cannot tell you with any certainty whether your child will develop cancer because of his/her exposure to TCE or other chemicals in your drinking water. They can give you their opinion, but it’s only an opinion.

    This is very frustrating for people. How can we be smart enough to put a man on the moon and bring him back, yet we don’t know much about the toxicity of the sea of chemicals that we live in every day? This speaks volumes about the power of the chemical industry to control government regulations and research agendas.

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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.