The TCE Blog » Regulation/Policy

…Putting Lipstick on the Pentagon’s Toxic Pig

Neil Fischbein — Mon, 06 Jul 2009 21:45:09 +0000

From DC Bureau via storiesthatmatter.org:

Trento’s Take: Is Obama Putting Lipstick On The Pentagon’s Toxic Pig?

Written by Joseph Trento

Monday, 06 July 2009

For those who think the Obama Administration may be too cozy with corporate interests, there are some disturbing hints that validate this theory that go beyond economic policies.

Such hints can be found in how the Obama White House has treated chemical companies that have endangered the health of millions of Americans with toxins and chemicals left behind by military contractors—including service members and their spouses and children.

[...]

In fact, the Obama Administration has invited into the White House the very chemical companies that have been exposing Americans, including the military and their families, to toxins and chemicals that kill and destroy lives. These chemicals seep into water supplies in and around military bases. TCE and perchlorate are just two. There are many more.

By delaying the EPA’s establishment of interim public health standards, the Pentagon ensures that local governments have no way of setting a safety standard to protect the air, water, and health of those who live in communities that are affected.

Adam Sarvana’s stories on “Poisoned Patriots” and Ray DuBois on DCBureau.org are the tip of a worldwide scandal of Pentagon pollution and a corporate/government partnership to delay and confuse the public while their health suffers and the pollution is not cleaned up.

The Obama White House should shut down the Pentagon’s Chemical and Material Risk Management Directorate and give that budget to the EPA so they can independently supervise the cleanup of the Pentagon’s toxic legacy. Further, President Obama would be wise to reveal who is secretly meeting at the White House with chemical company lobbyists, instead of keeping secret White House visitor logs. Americans are entitled to know which chemical company representatives have lobbied OMB and the Administration as well as the identity of the other “stakeholders” on the White House invitation list. That is change we can believe in.

What is at stake? Further delays prevent local authorities from protecting their citizens and the EPA from dealing with one of the biggest polluters in the world—the United States Department of Defense.

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ATSDR’s National Conversation on Public Health and Chemical Exposures

Neil Fischbein — Mon, 06 Jul 2009 15:32:30 +0000

On Friday, June 26, 2009, ATSDR hosted a kick-off meeting to launch its National Conversation on Public Health and Chemical Exposures. Here’s how ATSDR describes the initiative:

The National Conversation on Public Health and Chemical Exposures is a collaborative initiative to identify and prioritize actions for strengthening the public health approach to chemical exposures. CDC’s National Center for Environmental Health and the Agency for Toxic Substances and Disease Registry (NCEH/ATSDR) are sponsoring this project.

A day-long meeting was held on June 26, 2009 in Washington, DC for a day-long meeting to launch this exciting stakeholder and public involvement initiative. Keynote speakers will include U.S. Environmental Protection Agency Administrator Lisa Jackson, and National Institute of Environmental Health Sciences Director Dr. Linda Birnbaum. Breakout sessions allowed for discussion of specific issues related to public health and chemical exposures.

The 18 month long National Conversation will offer many opportunities for involvement, including: expert working groups, regional and local face-to-face public meetings, and web-based discussions. The resulting action agenda will outline steps for NCEH/ATSDR and other institutions to take to better protect public health from harmful chemical exposures.

Due to scheduling conflicts, we were unable to attend the kick-off meeting but we’re very interested in this initiative and will try to keep readers posted on developments here.

Did you participate in the kick-off of this “conversation?” If so, we’d like to hear from you. Please share your thoughts in the comments or privately at tceblog[at]gmail.com.

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Known as dangerous, unfit to consume, and poisonous prior to 1950

Neil Fischbein — Sat, 04 Jul 2009 23:45:51 +0000

Clark v. United States, 660 F. Supp. 1164 (1987), summarizes mid-1900’s knowledge of TCE’s danger, unfitness for consumption, and the need to prevent it from poisoning water supplies:

Prior to 1950, [TCE] was known as dangerous and poisonous in occupational settings involving sustained exposure to high concentrations of TCE, but specific adverse health effects resulting from chronic exposure were not generally understood. Prior to 1950 it was generally known that TCE was not fit to consume and that it should not be in a water supply. The defendant [Air Force] was or should have been aware that substances such as TCE should not be in a water supply.

[...]

Prior to 1950, it was common knowledge that groundwater could be polluted and that the pollution could travel great distances from the site of the original contamination. Further, it was generally known prior to that time that percolation, a process by which substances disposed of would leach into the underlying groundwater, could occur and that groundwater needed to be protected from deleterious leachates.

The appropriate standard of care in waste disposal in the 1950s was to treat TCE as a hazardous substance in disposing of the contaminant so as not to pollute groundwater.

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Hall and Hinchey introduce companion to Senate’s TCE legislation (NY)

Neil Fischbein — Mon, 31 Mar 2008 21:59:36 +0000

Earlier this month, a small group of citizens and legislators gathered at the New York home of Debra Hall (Founder of Hopewell Junction Citizens for Clean Water & Clean Air and founding member/co-chair of the New York State Vapor Intrusion Alliance) to announce and unveil legislation requiring the EPA to better protect the public from TCE-contaminated water and air. The new legislation is intended to be the House of Representatives’ companion to Senator Clinton et. al.’s TCE Reduction Act.

Here’s a video of the press conference announcing the new legislation:

This press release comes from U.S. Rep. John Hall’s (D-NY) website:

Standing with Hopewell Junction families who have suffered from cancer and other health problems due to groundwater contamination and vapor intrusion by the carcinogenic chemical trichloroethylene (TCE), U.S. Rep. John Hall (D-NY19) today unveiled legislation to help communities deal with TCE contamination. The TCE Reduction Act, which Hall is introducing with U.S. Rep. Maurice Hinchey (D-NY22), would require the U.S. Environmental Protection Agency (EPA) to set stricter regulations to protect the public from exposure to TCE.

“Growing scientific evidence shows the danger TCE pollution poses to people,” said Congressman Hall. “Yet the EPA continues to drag its feet instead of setting a new standard that would help the residents of Hopewell Junction and similar communities throughout the country.”

TCE and other contaminants have plagued Hopewell Junction residents as the result of Hopewell Precision’s disposal of painting and degreasing wastes directly on the ground, resulting in a 1.5 mile long groundwater contamination plume. Chemicals have been detected in local drinking water wells and many homes have experienced significant problems caused by vapor intrusion. The site was listed on the Environmental Protection Agency’s Superfund National Priority List, a list of the most severely polluted sites in the country, in 2005. Yet residents are still suffering from significant TCE contamination.

“TCE is a pervasive, toxic chemical that cannot be allowed to continue to pollute our communities,” said Congressman Hall. “Study has shown that it is a likely carcinogen, can cause nerve damage, lead to developmental difficulties in children, and pose a significant threat to public health. We expect our government at all levels to provide security. When the fire alarm rings, we expect the fireman to show up and put the blaze out. EPA is no exception. But what did EPA do when the alarm rang about TCE spill here and throughout the rest of the country? It recommended more study.”

In 2001, a draft EPA Risk Assessment found TCE to be as much as 40 times more carcinogenic than previously thought, but instead of setting a more protective standard for TCE in drinking water, the Bush Administration called for more study. The National Research Council (NRC) was directed to conduct an in depth study of the health studies involving TCE. The final NRC report, issued in 2006, found that “the evidence on carcinogenic risk and other health hazards from exposure to trichloroethylene has strengthened since 2001.” The report went on to say, “The committee recommends that federal agencies finalize their risk assessment with currently available data so that risk management decisions can be made expeditiously.”

“No action has been taken by the EPA to update the water standard,” stated Debra Hall of Hopewell Junction Citizens for Clean Water. “There is no federal standard to deal with vapor intrusion even though this is a very dangerous environmental issue. I applaud Congressman Hall for taking action to force stricter regulations related to TCE. People living here in Hopewell Junction and the entire nation will benefit greatly when this bill becomes law. Stricter standards will allow more homes to be mitigated. It is obvious that legislation is needed to force protection against cancer and other health issues that are caused by TCE.”

Hopewell Junction resident Sharon Whalen testified that her father developed prostate cancer after living in her home. The house was also dubbed “the sick house” because everyone living there became almost constantly ill. Whalen’s home is impacted by vapor intrusion only and at the highest amount of the entire superfund site.

The TCE Reduction Act addresses both groundwater contamination and vapor intrusion caused by TCE and would require the EPA to:

Issue a revised health advisory for TCE within 6 months of enactment.

Issue revised draft health standards for TCE in drinking water within 12 months of enactment, and final drinking water standards within 18 months.

Issue a health advisory standard for TCE vapor intrusion within 12 months of enactment.

Establish an integrated risk information system reference concentration for TCE vapor which is protective within 18 months of enactment.

Ensure that all standards set under the bill fully protect susceptible populations (including pregnant women, infants, and children) from the adverse health affects of TCE.

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Queens residents protest toxic schools (NY)

Neil Fischbein — Fri, 21 Mar 2008 12:44:13 +0000

Recently, the Queens Tribune (NY) reported:

Advocates and community members gathered Tuesday in front of State Senator Frank Padavan’s Bellerose office to protest his lax legislation concerning environmentally contaminated school sites and to announce a leafleting campaign to educate constituents in Padavan’s district about the issue.

The meeting was hosted by Dave Palmer, a lawyer for New York Lawyers for the Public Interest, which represents community groups dealing with environmentally contaminated school sites. School sites leased by the City do not require the same type of community, political and environmental review processes as schools owned by the City. This loophole allows for schools to be located on contaminated sites posing health threats to children, according to the organization.

“All of that we think places children at risk,” Palmer said.

“Children are most vulnerable to the effects of toxic chemicals.”

In June, the State Assembly passed a bill sponsored by Cathy Nolan (D-Ridgewood) that NYLPI believed strongly addressed the issues surrounding leased school sites. Palmer said community groups also had an assurance from Padavan that he would sponsor an equally strong bill in the Senate, though they say the bill that was past last session did not contain strong enough provisions for community notice, City Council review and environmental review.

Padavan said in a June statement, “Through discussions with
the City and environmental advocates, we have crafted legislation that addresses concerns relative to school leasing in the City. The legislation that we have developed ensures that any proposed leased site for a school undergoes a two-phased environmental review process with adequate time for public review and comment on any site remediation plan impacting students, parents and community.”

Advocacy organizations and community groups plan to begin distributing leaflets Saturday throughout Padavan’s district, which encompasses parts of northeastern Queens, in an effort to get his constituents to pressure him to draft legislation that more closely reflects their concerns about leased schools.

At the meeting Tuesday, Katie Acton, whose daughter attended PS 65 in Ozone Park from 1999 to 2002 spoke about the toxins beneath the school that she believes led her daughter to develop asthma. Acton belongs to PS 65 Parents and Neighborhood Against TCE, which now has a lawsuit against the City. The school is located is a former airplane parts factory.

“Leaving the school, her health has improved and so have her grades,” Acton said. “It is my understanding that the Department of Education knew of the contamination before the families.”

It has also been reported that the site of the Information Technology High School in Long Island City, a former factory, is contaminated.

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Cancer prevention and the Presidential Candidates

Neil Fischbein — Fri, 22 Feb 2008 07:05:32 +0000

Cancer Monthly posted a great feature entitled Cancer and the Presidential Candidates. We extracted the legislative efforts that we think most relevant for TCE-impacted individuals and communities:

Barak Obama has sponsored a bill to enable states to develop or expand activities to monitor exposure to environmental toxins and pollutants (S.1068);

Hilary Clinton has sponsored a bill that would amend the Safe Drinking Water Act to protect the health of susceptible populations from trichloroethylene (S.1911);

Both of them, along with John McCain, cosponsored a bill that would provide grants to better understand the environmental factors related to breast cancer (S.579).

Of course, this is just a glimpse of the candidates’ cancer-fighting credentials and only part of the feature. The rest of it is worth checking out, especially the part that leads Cancer Monthly to conclude:

And finally, beneath its public relations veneer as our protector, the FDA is an agency that reportedly lets drug company representatives make decisions for the country, approves dangerous drugs, and does not perform necessary follow-up on approved drugs.

Update: You know, we checked out the proposals that we blindly copied cited above. Of course we were already familiar with the TCE Reduction Act (S.1911), so we checked out the Obama and McCain-sponsored proposals. The McCain cosponsored proposal, (S.579), reads pretty much as Cancer Monthly advertises.

We’re not certain, however, that Cancer Monthly captured the full impact of Obama’s proposal. It seems to us that its scope is much broader than just expanding states monitoring capabilities. Seems to us like Obama is seeking accountability. Judge for yourself – here’s the full text:

‘A bill to promote healthy communities. ‘

Bill # S.1068

Original Sponsor:

Barack Obama (D-IL)

Healthy Communities Act of 2007 – Requires the Secretary of Health and Human Services to establish the Advisory Committee on Environmental Health to review environmental health data and studies to: (1) assess the impact of federal laws, policies, and practices on environmental health and justice; and (2) identify and recommend ways to change or ensure compliance with federal laws, address gaps in federal environmental health research, and prevent or mitigate harm from federal policies, programs, and practices that may adversely affect environmental health or justice. Requires the Director of the Centers for Disease Control and Prevention (CDC) and the Administrator of the Environmental Protection Agency (EPA) to prepare a biennial Environmental Health Report Card for the nation and for each state. Requires the Secretary to: (1) establish the Health Action Zone Program to award grants to at-risk communities for comprehensive environmental health improvement activities; and (2) expand and intensify environmental health research. Requires the Secretary, acting through the Director, to provide grants and technical assistance to enable states to develop or expand activities related to biomonitoring of exposure to environmental toxicants and pollutants. Requires the Secretary to: (1) promote translation and dissemination of findings; and (2) incorporate the data collected under this Act with existing data collection efforts. Requires the Director to expand training and educational activities relating to environmental health and justice for health professionals and public health practitioners.

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More on the New York State Vapor Intrusion Alliance (NYVIA)

Neil Fischbein — Sun, 17 Feb 2008 21:26:38 +0000

We posted this news weeks ago and wanted to tell you more:

According to the press release announcing its formation, the New York State Vapor Intrusion Alliance (NYVIA) was recently formed by citizens representing Ithaca, Victor, Endicott, Hopewell Junction, Plainview, Hillcrest, Middleport and Ft. Edward. Each of these communities has been forced to deal with ongoing TCE pollution and the impact of vapor intrusion. Founding members of the Alliance include (links have been provided below where available):

Debra Hall, Co-ChairHopewell Junction Citizens for Clean Air and Clean Water	Bruce Oldfield, Co-ChairHillcrest Environmental Action Team
Mike BarryVictor New York TCE	Carol MeschkowConcerned Citizens of the Plainview-Old Bethpage Community, Inc.
Laura HaightNY Public Interest Research Group	Ken DeschereRegina DeschereIthaca South Hill Industrial Pollution
Bill BorellHopewell Junction Citizens for Clean Air and Clean Water	Sue HughesJulie RizzoUnited Neighbors Improving Tomorrow’s Environment
Stephen BoeseHealthy Schools Network	Don TeelingCARE – Ft. Edward

They are supported by two technical advisors:

Lenny Siegel

Center for Public Environmental
Oversight

Dave Palmer, Esq.NY Lawyers for the Public Interest

Their press release states their mission:

Assist impacted residents, communities and schools across New York State in addressing toxic chemical exposure from vapor intrusion.

Explore the impact of vapor intrusion on health and property, identify commonalities, and present our findings as a means to educate the public, media, and policy-makers.

Collaborate with local and state officials to adopt protective remediation standards, policies, procedures and technologies to prevent or mitigate vapor intrusion that are based on 21st century knowledge and science.

In support of this mission, the Alliance has already inserted itself into state politics and is lobbying for legislation designed to better protect the public from migrating toxins and vapor intrusion.

In addition to announcing support for proposed state legislation regarding Landlord Notification to Tenants of Contaminants (requiring that landlords disclose to current or prospective tenants any known contamination on a property, including the results of any investigations concerning vapor intrusion) and announcing support for the state’s proposed Private Well Testing Act (requiring that drinking water from private wells be tested – upon transfer
of a property – for contaminants including VOC’s), the Alliance is meeting with legislators and urging New York State to revise its indoor air action levels for TCE:

A document from the NYS Department of Health in 2003 listed the range of potential criteria for long term exposure of trichloroethylene (TCE) in indoor air from 0.2 to 4 micrograms per cubic meter (mcg/m3)of air and then sets 5 mcg/m3 as the indoor air guideline. In 2005, the NYS DOH adopted a matrix for evaluating residential indoor air that lists values for mitigation of TCE vapors ranging from 0.25 to 5.0 mcg/m3 depending on subslab concentrations. As a response to public outcry about the matrix, the NYS DOH convened an expert panel in August of 2005 to comment on the use of this matrix. NYS DOH rejected the panel’s recommendation that the standard be set between 0.1 and 1 mcg/m3 of indoor air. In 2006, NYS Senator Thomas Libous wrote to the NYS DOH requesting that the NYS standard be set between 0.016 and 0.02 mcg/m3 of air. The NYS DOH has been unresponsive to requests to lower NYS indoor air standards.

[...]

The community action groups in this Alliance have found that the NYS Indoor Air guidelines in the matrix are not applied uniformly in pollution cases. The screening levels appear to be different in different communities and the action levels vary significantly. In Hillcrest (Town of Fenton) NY, mitigation of TCE vapors was done down to 0.14 mcg/m3 whereas in Endicott NY a standard of 5 mcg/m3 was applied.

The NewYork-Vapor Intrusion Alliance strongly supports the introduction of legislation to adopt trichloroethylene indoor air standards to be set at the detection level using the most accurate measurement devices available. NY-VIA also strongly supports that the standards be applied uniformly across New York State.

The New York State Vapor Intrusion Alliance is working towards important goals. Their voice and influence have become necessary to fill a critical gap left by legislators and regulators who, unduly influenced by corporate and political pressures, have been unable or unwilling to adequately protect the public from migrating toxins and vapor intrusion.

The TCE Blog fully supports NYVIA’s mission and its efforts. Further, we believe other states can and should learn from their example. Every state should establish a similar Vapor Intrusion Alliance.

If anybody from Connecticut wants to help us launch the CTVIA, please contact us.

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Trichloroethylene named ‘Contaminant of the Month’…

Neil Fischbein — Fri, 15 Feb 2008 07:22:54 +0000

…over at Water Technology Online, the home for Water Technology Magazine. According to the Editor’s note:

Starting with this issue, Water Technology® will provide each month basic information about a contaminant found in water sources. The contaminant may not necessarily be found in all geographic locations or situations, or at levels sufficient to raise concern.

Their inaugural column includes, amongst other things, the molecular structure of TCE:

In addition, the article includes details in the following categories:

Chemical formula

Molecular weight

Physical characteristics

Where found

Common uses

Potential health effects

Regulation

Common water treatment methods

It’s a quick reference and a good overview. Check it out here.

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Superior Tube to eliminate TCE use (PA)

Neil Fischbein — Thu, 14 Feb 2008 04:11:41 +0000

According to today’s Philadelphia Inquirer (PA):

Superior Tube Co., a Collegeville manufacturer that has released some of the nation’s highest airborne amounts of trichloroethylene, a suspected carcinogen, announced today that it is phasing out use of the chemical.

Company president Tony Jost said the TCE would be replaced with a less hazardous chemical.

The company has asked the Pennsylvania Department of Environmental Protection for permission to modify its procedures. If approved, Jost said, the work could be completed by the end of April.

Charles McPhedran of Citizens for Pennsylvania’s Future, a key critic of the company’s practices, said Superior was making “a big step forward.”

Company officials said the new process would be state of the art and would meet or exceed all the changes that have been vigorously sought by area residents, legislators and the environmental community.

Read the full story here.

Congratulations to Liz D., Jon Goodman, the folks at PennFuture, and the others in the Collegeville/Trappe area who are fighting to protect people from TCE and played an important role in influencing Superior Tube’s decision. Thanks also to Liz for the tip.

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Vapor Intrusion of Toxic Chemicals: An Emerging Public Health Concern

Neil Fischbein — Wed, 06 Feb 2008 06:16:19 +0000

This report was released some time ago. If you are interested in or concerned about vapor intrusion, it’s a great read. Though the report is directed towards New York state lawmakers, it has implications for us all. We may highlight some of the insides another time, but for now…click on “Final Report” to jump to the report website:

Vapor Intrusion of Toxic Chemicals:

An Emerging Public Health Concern

Final Report

January 2006

Assemblyman Thomas P. DiNapoli, Chairman

New York State Assembly

Committee on Environmental Conservation

Or click here to download the PDF directly.

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