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Monday, March 31, 2008

State admits Tallevast pollution study way off mark (FL)
by Neil Fischbein on Monday, March 31, 2008 [Permalink] [0 Comments]
Last week's Sarasota Herald-Tribune (FL) reports:
During the last 20 years, Tallevast residents say dozens of their neighbors have died prematurely. Others are still fighting cancer and beryllium-related health issues.

But a draft Florida Department of Health report on the community blighted by more than 200 acres of polluted ground water found just four cases of cancer.

The report could hardly be more different from a survey by residents that showed about 90 cases of cancer or beryllium-related diseases in the mainly black community.

DOH officials who met with the neighborhood group FOCUS on Monday agreed that their numbers, based on a state database and figures from a local hospital, were wildly off the mark. They also admitted they had studied the wrong ZIP code.


Friday, February 22, 2008

Cancer prevention and the Presidential Candidates
by Neil Fischbein on Friday, February 22, 2008 [Permalink] [0 Comments]
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.

Saturday, February 16, 2008

Communities/Activists: Create your own custom Google maps
by Neil Fischbein on Saturday, February 16, 2008 [Permalink] [0 Comments]
We wanted to alert readers to a free online tool that allows ordinary folks to create custom Google maps. With it, users can easily plug-in street addresses, lat. and long. coordinates, or can navigate visually to a location by hand, and can add the digital equivalent of push-pins and labels. Though Map Builder is technically still in beta, we've recently used it and fell in love.

After free registration, users can create their very own, custom Google maps without having to know any code. Well, almost - if you want to add a map to your website, you will need to know how and where to copy/paste the code (all generated for you by Map Builder), but that's about all.

We thought this was the perfect tool for activists, community representatives, or anyone who would like to communicate visually about contamination. Whether marking the location of contaminated water wells, plume boundaries, vapor intrusion detects, or disease occurrences, nearly every contaminated community can benefit from a custom map. Plus, we can't tell you how many frustrated web-searchers have ended up at the TCE Blog in search of a contamination map, only to find the particular map they seek does not exist online at all.

We used Map Builder to create the following 2 simple maps as examples: (For more context on these maps, see this post at The Cheshire Town Post)

Our only negative experience with Map Builder so far is with the map editing interface: It's a little clunky when you start, but once you get used to it, it is a breeze.

Check out Map Builder. And consider making maps! If you do create and post them, please let us know.

Tuesday, January 29, 2008

Introducing: Contaminated Nation
by Neil Fischbein on Tuesday, January 29, 2008 [Permalink] [0 Comments]
Wanted to alert folks to a blog we've been reading for a few months which tracks contamination news of all sorts. It's called Contaminated Nation and is run/edited by Jay Gaines. Jay is a capricorn, his zodiac year is the rooster (would we make this stuff up?), and he has this to say about his background and the blog's purpose:
As an employee of a large environmental risk information company, I have unique insight into contamination issues in the U.S. The purpose of this blog is to share what I see and learn about the effects of contamination in our nation and our neighborhoods.
Be sure to check out all the latest contamination news at Contaminated Nation.

Paper: A Fifty-State Survey of Medical Monitoring...
by Neil Fischbein on Tuesday, January 29, 2008 [Permalink] [0 Comments]
In researching a recent court decision in a TCE case (more on this later), we stumbled across this paper [PDF] from the William Mitchell Law Review, Vol 32, Issue 3, 2006. Written as guidance for the Minnesota Supreme Court, it reviews the legal concept of medical monitoring and identifies states where this claim is allowed in absence of physical injury or illness:
In “toxic tort” lawsuits, or claims brought as a result of exposure to hazardous substances, a typical plaintiff “alleges he has developed a disease because of exposure to a toxic substance negligently released by the defendant.” In some cases, however, the plaintiffs “seek to recover the costs of long-term diagnostic testing and medical examinations, which they claim are necessary to detect latent diseases or ailments that might later develop as a result of toxic exposure.” This novel theory of recovery is frequently labeled “medical monitoring.” Plaintiffs bringing claims for medical monitoring “seek post-exposure, pre-symptom recovery for the expense of periodic medical examinations to detect the onset of physical harm.” Plaintiffs who bring actions seeking the establishment of a medical monitoring fund may not suffer any current physical injuries and often do not even exhibit symptoms of disease as a result of their alleged exposure.

States That Allow Medical Monitoring in the Absence of Present Physical Injury

State
Authority
Arizona Burns v. Jaquays Mining Corp., 752 P.2d 28 (Ariz. Ct. App. 1987)
California Potter v. Firestone Tire & Rubber Co., 863 P.2d 795 (Cal. 1993)
Colorado Cook v. Rockwell Int’l Corp., 755 F. Supp. 1468 (D. Colo. 1991)
Connecticut Martin v. Shell Oil Co., 180 F. Supp. 2d 313 (D. Conn. 2002)
District of Columbia Friends for All Children, Inc. v. Lockheed Aircraft Corp., 746 F.2d 816 (D.C. Cir. 1984)
Florida Petito v. A.H. Robins Co., 750 So. 2d 103 (Fla. Dist. Ct. App. 1999)
Guam Abuan v. Gen. Elec. Co., 3 F.3d 329 (9th Cir. 1992), cert. denied, 510 U.S. 1116 (1994)
Illinois Lewis v. Lead Indus. Ass’n, 793 N.E.2d 869 (Ill. App. Ct. 2003)
Montana Lamping v. Am. Home Prods., Inc., No. DV-97-85786 (Mont. 4th Dist. Ct. Feb. 2, 2000)
New Jersey Ayers v. Twp. of Jackson, 525 A.2d 287 (N.J. 1987)
New York Patton v. Gen. Signal Corp., 984 F. Supp. 666 (W.D.N.Y. 1997)
Ohio Day v. NLO, 851 F. Supp. 869 (S.D. Ohio 1994)
Pennsylvania Redland Soccer Club, Inc. v. Dep’t of the Army, 696 A.2d 137 (Pa. 1997)
Utah Hansen v. Mountain Fuel Supply, 858 P.2d 970 (Utah 1993)
West Virginia Bower v. Westinghouse Elec. Corp., 522 S.E.2d
The article goes on to identify states where medical monitoring is not allowed absent a physical injury and also those states where the issue has not yet been decided (or where no test has been articulated).

Read more in Note: A Fifty-State Survey of Medical Monitoring and the Approach the Minnesota Supreme Court Should Take When Confronted with the Issue by D. Scott Aberson [PDF].

Saturday, June 23, 2007

Citgo trial on dirty air tests federal law (TX)
by Neil Fischbein on Saturday, June 23, 2007 [Permalink] [0 Comments]
The Houston Chronicle (TX) reports:
A jury will resume deliberations Monday in a criminal air pollution case that accuses Citgo Petroleum Corp. of knowingly breaking federal air quality laws at its Corpus Christi refinery.

Lawyers presented final arguments on Friday after a grueling and technical trial that began May 18. Jurors deliberated Friday afternoon, then went home for the weekend.

The case specifically involves allegations that open-air storage tanks at Citgo's East Plant refinery emitted illegal amounts of benzene, which research has linked to cancer. More broadly, however, the case tests criminal enforcement of the Clean Air Act.

Although other criminal indictments under the act have resulted in guilty pleas, the Citgo case is the first to go to trial alleging emissions violations, prosecutors said.

"The question is whether companies like Citgo, who blatantly violate the law over a period of time, will be held accountable," said Justice Department lawyer Howard Stewart, lead prosecutor in the case.

Sunday, June 17, 2007

Aerojet pollution in Rancho Cordova: Treat tainted water vs. take wells off-line? (CA)
by Neil Fischbein on Sunday, June 17, 2007 [Permalink] [0 Comments]
The Sacramento Bee (CA) reports:
State health officials are considering a proposal that would have Rancho Cordova residents relying for the first time on treatment technologies to remove rocket fuel chemicals from their drinking water.

The proposed change in contaminant cleanup strategy comes as concentrations of chemicals are creeping up in several Rancho Cordova drinking-water wells.

The fixes, however, are expected to be completed before the contamination reaches unsafe levels, utility and state officials said.

[...]

The contaminants are perchlorate, an oxidizing component of solid rocket propellant known to cause thyroid disorders and NDMA -- n-nitro-sodimethylamine -- a "probable" cancer-causing combustion product of liquid rocket fuel, according to the U.S. Environmental Protection Agency.

The chemicals are linked to historic disposal practices at Aerojet. In the 1950s through 1970s, the defense contractor disposed of residual rocket fuel and metal-cleaning solvents in unlined open pits, allowing the wastes to seep through the soil and into the groundwater tapped for Rancho Cordova homes.

The most pervasive Aerojet pollutant is trichloroethylene (TCE), an industrial solvent that has been linked to brain damage, liver cancer, skin diseases and immune disorders.
Read the full story.

Related Posts (on one page):

  1. Aerojet pollution in Rancho Cordova: Treat tainted water vs. take wells off-line? (CA)
  2. Map of Aerojet contamination plume
  3. Guilty, facing punitive damages, Aerojet settles personal injury lawsuits (CA)

Thursday, May 17, 2007

TCE + nuclear radiation= ???
by Neil Fischbein on Thursday, May 17, 2007 [Permalink] [0 Comments]
If investigative reporter Jon Goodman is right, the citizens of Pennsylvania have a disturbing public health problem on their hands.

Wednesday, October 4, 2006

Update: Solvents at issue in recent CSX lawsuits/verdicts
by Neil Fischbein on Wednesday, October 4, 2006 [Permalink] [0 Comments]
We've learned that the solvents at issue in both the Williams and Hensley cases against CSX Railroad were trichloroethylene (TCE), trichloroethane (TCA), perchloroethylene a.k.a. tetrachloroethylene (PCE), mineral spirits, and carbon tetrachloride.

Thanks to Ken Sales of the Sales and Slattery Group (attorneys for the plaintiffs in both cases) for this confirmation.

Tuesday, October 3, 2006

$5 million verdict for a former CSX Railroad employee (TN)
by Neil Fischbein on Tuesday, October 3, 2006 [Permalink] [0 Comments]
The Chattanoogan (TN), which was launched Sept. 1, 1999 and bills sitself as "as one of the first full-service web-only daily newspapers in the country", provides this breaking news report:
A Hamilton County Circuit Court jury has returned a $5 million verdict for a former CSX Railroad employee.

The jury in the courtroom of Judge Jackie Schulten deliberated two and a half hours before bringing in the verdict in favor of Thurston Hensley, 67.

The jury found that Mr. Hensley had contracted both asbestosis and toxic encephalopathy through his work for 33 years as an electrician at the railroad yards at Corbin, Ky.

It was claimed that he had to handle both asbestos and was around dangerous solvents during his time with the railroad.

The plaintiff said he suffered lung damage from the asbestos and brain damage from the solvents.

He was represented by attorney Doug Nichol of Knoxville and attorney Joe Satterley of Louisville, Ky. The case was originally filed by attorneys from St. Louis, Mo.

The case was filed in January 2002.

Attorney Nichol said it was brought under the Federal Employees Liability Act, which allows for compensatory damages but not punitive damages.

He said that type suit can be brought either in federal or state court and in any place where the defendant railroad has a railyard.

Trial of the case lasted three weeks.
See the original article here. Thanks to Ken Sales of the Sales and Slattery Group for the tip.

Monday, October 2, 2006

Jury awards railroad employee $1.8 million for toxic solvent exposure (KY)
by Neil Fischbein on Monday, October 2, 2006 [Permalink] [0 Comments]
Following on the heels of a study that recently confirmed consistent patterns of brain damage among solvent-exposed railroad workers, a jury in Kentucky has awarded a significant sum of money to a man whose brain damage was similarly attributed to solvent exposure:
A Jefferson Circuit Court jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage.

Terry L. Williams, 59, of Corbin, had targeted his former employer, CSX Transportation, in the lawsuit. He declined to be interviewed.

CSX spokesman Gary Sease declined to comment. Sease has previously said that the company does not believe solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad.

But the 9-3 verdict in the two-week trial is the latest in a string of litigation in several states involving hundreds of railroad workers.

The Louisville jury awarded Williams $500,000 for medical expenses, $500,000 for loss of income, $500,000 for past mental and physical pain and suffering and $500,000 for future mental and physical pain and suffering, according to court documents filed Tuesday.

Because the jury attributed 10 percent of the negligence to Williams, CSX will be obligated to pay 90 percent of the award, or $1.8 million.

Kenneth Sales, senior partner in [The Sales and Slattery Group,] the law firm that handled Williams' case, said Williams worked for the railroad 34 years, leaving in 2000 after having been diagnosed with toxic encephalopathy. Williams' career as a machinist working on locomotives started at the L&N's old South Louisville shops and ended at a maintenance facility in Corbin.
Read the rest of the story in The Courier-Journal (Louisville, KY)

Note: We are in the process of trying to chase down more info on this case. Specifically, what were the actual solvents to which Mr. Williams was exposed and to which his brain damage was attributed? Published reports do not seem to mention this detail. We have one lead that suggests 1,1,1-trichloroethane (TCA) may have been the main contaminant of concern (Thanks K.P.), but we are trying to confirm it. As such, we're attempting to reach the law firm that represented Mr. Williams as well as the author of the story above. If or as we learn any more, we'll post an update here.

Related Posts (on one page):

  1. Update: Solvents at issue in recent CSX lawsuits/verdicts
  2. $5 million verdict for a former CSX Railroad employee (TN)
  3. Jury awards railroad employee $1.8 million for toxic solvent exposure (KY)

Amplified geochemical imaging for detecting underground toxins
by Neil Fischbein on Monday, October 2, 2006 [Permalink] [0 Comments]
This recent article in Mining Journal may be of interest to some readers:
Compared to traditional surface geochemical techniques, amplified geochemical imaging incorporates the combined advantages of improved sampler design, higher sensitivity, robust data set, and multivariate statistical interpretation.

This technique has proven its value for over a decade in a number of applications including environmental pollution mapping, pipeline leak assessment, petroleum exploration, and mineral exploration.

[...]

Because many polluted sites have supported multiple industries over the years, unknown sources often exist which will complicate monitoring and remediation.

In one case, the use of amplified geochemical imaging found an unknown TCE separator at a military site that, once identified, reduced the remediation time using soil vapour extraction by dozens of years and reduced costs by several million dollars (LaPlant, 2002).

This tool has been used successfully on industrial sites, airports, gas stations, dry cleaners, landfills, pipelines and terminals, and manufactured gas plants.

Amplified geochemical imaging using a passive soil-gas survey will not only accurately map intensity of pollution but will also screen for indicators of natural attenuation pointing toward potential low-cost remediation solutions.

This accurate map can in turn focus subsequent soil and water matrix sampling, monitoring well placement, layout, and design of remediation chemical injection, and monitoring and verification of site clean-up. In all cases using this tool to generate a an enhanced view saves costs in the overall programme.
Read more.

Tuesday, August 8, 2006

You are invited: "High Tech Trash" in San Francisco & a chance to be on TV (CA)
by Neil Fischbein on Tuesday, August 8, 2006 [Permalink] [0 Comments]
Recently received a nice note from Lizzie Grossman, author of High Tech Trash: Digital Devices, Hidden Toxics, and Human Health. She sent the following invitation for TCE Blog readers:
What: A reading and discussion of "High Tech Trash: Digital Devices, Hidden Toxics, and Human Health," my new book about the environmental and health impacts of the entire life-cycle of high tech electronics, just out from Island Press. (see http://www.islandpress.org)

C-Span Book TV will be coming to film, so here's your chance to reach an audience of thousands when you ask that important question! Seriously, this is a great opportunity to help promote understanding of these issues, so come prepared to have a lively conversation.

Where & When: August 15, 7 pm, at Book Passage in San Francisco, in the Ferry Building on the Embarcadero — (415) 835-1020 for directions

Related Posts (on one page):

  1. You are invited: "High Tech Trash" in San Francisco & a chance to be on TV (CA)
  2. High Tech Trash on CNET; Lizzie Grossman interviewed
  3. High Tech Trash: Digital Devices, Hidden Toxics and Human Health

Wednesday, July 26, 2006

Off-topic: Are bloggers reporters?
by Neil Fischbein on Wednesday, July 26, 2006 [Permalink] [0 Comments]
According to this press release, reporters are able to obtain a copy of the upcoming NAS report on TCE one day in advance of its public release.
REPORTERS: Obtain a copy by contacting the Office of News and Public Information; tel. 202-334-2138 or e-mail news@nas.edu. Advance copies will be available to reporters only beginning at noon EDT on July 26. THE REPORT IS EMBARGOED AND NOT FOR PUBLIC RELEASE BEFORE 4 P.M. EDT ON JULY 27. Despite our formal requests by email and by phone for a press copy today, no copy was provided to reporters from the TCE Blog. Harumph.

Wednesday, July 19, 2006

Support Victims of TCE Exposure at the Punk Rock Circus (OR)
by Neil Fischbein on Wednesday, July 19, 2006 [Permalink] [0 Comments]
Victims of TCE Exposure (VOTE) are hosting a punk rock circus (as a fundraiser) this Saturday:
PRESS RELEASE ---------------------------------------------------

A FUNDRAISER CONCERT FOR VICTIMS OF TCE EXPOSURE:

SCOTT KELLOGG'S BIG
PUNK ROCK CIRCUS
SATURDAY 22 JULY 2006, 8 PM
THE TONIC LOUNGE
3100 NE SANDY BLVD
PORTLAND [OR] 97232

8 BANDS FOR 8 BUCKS!!

THE BANDS:

THE NEINS – 8 FOOT TENDER – DIRTY LOWDOWNS – MS 45 – MUDDY RIVER NIGHTMARE BAND – SK AND THE PUNKASS BITCHES – THE LEGEND OF DUTCH SAVAGE – HOWIE AND THE HOTKNIIVES

A FUNDRAISER CONCERT FOR VICTIMS OF TCE EXPOSURE … A LASTING LEGACY A 501(c)3 NON-PROFIT ORGANIZATION COMMITTED TO HELPING WORKERS AND FAMILIES GET THE COMMUNITY SUPPORT, MEDICAL INFORMATION, AND LEGAL INFORMATION THEY NEED TO COPE WITH THE ENORMOUS ADVERSE HEALTH RISKS OF LONG-TERM TRICHLOROETHYLENE (TCE) EXPOSURE SUFFERED IN THE HOME OR AT THE WORKPLACE.

CONTACT:
Amanda Evans
tcein3d@yahoo.com , (503) 615-5963
VICTIMSOFTCEEXPOSURE.ORG

Wednesday, July 12, 2006

Updating our assumptions: Vapor intrusion 101 for lawyers (and the rest of us)
by Neil Fischbein on Wednesday, July 12, 2006 [Permalink] [0 Comments]
Walter Mugdan is a Director in EPA's Division of Environmental Planning and Protection (EPA Region 2). He has recently written an important paper on vapor intrusion. Not only does it provide a helpful summary of things we already know, but it also fills in some gaps in our knowledge and updates/invalidates some old, errant assumptions based on recent groundwater contamination investigations (e.g. the Endicott/IBM TCE investigation is featured prominently and appears to be the basis for many of the updated assumptions).

The recently-published paper, entitled Vapor Intrusion: The Next Big Thing, is part of an online library of materials from the American Law Institute and American Bar Association's (ALI/ABA) Direct-to-Desktop CLE (continuing legal education) program. Seemingly intended for attorneys, the 12-page paper provides important information and insights for anyone learning about or dealing with vapor intrusion. It is also a must read for anyone who discounts the possibility and/or risks of vapor intrusion from groundwater contamination investigations that were conducted years ago and closed.

Topics in the paper include:

- What Is Vapor Intrusion?
- Why Does Vapor Intrusion Occur?
- Why Is Vapor Intrusion A Concern?
- What’s New About This?
- Implications Of The New Findings
- EPA Guidance
- Human Exposures
- Sampling For Vapor Intrusion
- Vapor Intrusion In The Workplace
- ...and more.

Highlights from the paper include: A full copy of the paper (all 12 pages) costs approx. $15 and can be downloaded here.

Related Posts (on one page):

  1. TreeHugger: What is Vapor Intrusion?
  2. Strong statements about vapor intrusion
  3. Updating our assumptions: Vapor intrusion 101 for lawyers (and the rest of us)
  4. Vapor Intrusion: The New Frontier of Toxic Cleanup

Sunday, July 9, 2006

Widespread testing for PCE vapors in Troy (OH)
by Neil Fischbein on Sunday, July 9, 2006 [Permalink] [0 Comments]
Thanks to CPEO for this tip. According to this Dayton Daily News (OH) report:
The U.S. Environmental Protection Agency will begin testing for a likely carcinogen in the basements of homes, schools, churches and businesses in what could be the largest case in Ohio.

Randy Waterworth of the state EPA said Thursday the federal effort would start with three schools — Forest and Van Cleve elementaries and St. Patrick School — in about 20 square blocks east of downtown.

Steve Renninger of the federal EPA in Cincinnati said the testing should start in the next two weeks.

[...]

Officials have known for a number of years that soil in the area was contaminated with tetrachloroethelyne (PCE) in two plumes. One plume may have originated from a former dry-cleaning site near the southeast quadrant of the Public Square. The second appears to have originated near Spinnaker Coating and Hobart Cabinet.

PCE is a dry-cleaning solvent and a metal degreaser. Exposure to PCE over 30 or more years is thought to cause cancer in humans, based on animal testing.

Only in the past two or three years have scientists discovered that PCE often turns to vapor in the soil and can work its way into basements. City tests of 11 basements in April showed PCE vapor readings from twice to 189 times the recommended level.
Read more here.

High Tech Trash on CNET; Lizzie Grossman interviewed
by Neil Fischbein on Sunday, July 9, 2006 [Permalink] [0 Comments]
Lizzie Grossman tells us scary things about the environmental and public health impact of computers.

Thursday, June 29, 2006

Denver Post: Environmental protection needs an update (CO)
by Neil Fischbein on Thursday, June 29, 2006 [Permalink] [0 Comments]
From the Denver Post (CO):
For the past three decades, our environmental protection system of federal laws and state enforcement has made great progress - our air is cleaner, hundreds of contaminated sites have been cleaned up, hazardous and solid waste is well managed and water quality has been improved.

But, as we look to the future, there are major changes that need to be considered if we are to continue to make progress.

[...]

In many cases, EPA oversight is based on outdated measures of what constitutes environmental success. Our national laws need to be updated to recognize this problem and reward innovation and improved performance by states.

[...]

Environmental policy is often decided in an overly politicized atmosphere through the legislative process and in appointed commissions. Industry is powerful in these forums, and typically environmental advocates are seriously under-represented. The best public policy results from good balance among the competing interests.
Read more.

EPA proposes to modify the clean-up plan for Solvent Savers site (NY)
by Neil Fischbein on Thursday, June 29, 2006 [Permalink] [0 Comments]
News Blaze reports:
The U.S. Environmental Protection Agency has proposed to modify the plan to clean up the Solvent Savers Superfund Site in Chenango County, New York, originally finalized in 1990. EPA is proposing to change the cleanup plans for polychlorinated biphenyls (PCBs) based on a drastic reduction in volatile organic compounds in the soil over the past 11 years.

[...]

Solvent Savers Inc. operated as a chemical waste recovery operation, where industrial solvents and other wastes were reprocessed or disposed of from about 1967 to 1974. The company recovered solvents for reuse, reconditioned drums, and buried liquids, solids, sludge, and drums in several areas at the site.

New York State Department of Environmental Conservation (NYSDEC) discovered the site and first investigated contamination there in 1981. They confirmed that groundwater, surface water, sediments, and soil were all contaminated with PCBs and volatile organic compounds (VOCs) including tetrachloroethene (PCE), trichloroethene (TCE), and 1,1,1-trichloroethane (TCA). Based upon these findings and a subsequent investigation EPA placed the site on the National Priorities List of uncontrolled hazardous waste sites in 1983. The Agency took actions to address the most pressing issues and developed a detailed plan to handle the more complex long-term cleanup of the site. The plan was finalized in 1990. It called for the extraction and treatment of contaminated groundwater, excavation of the PCB- and VOC-contaminated soil, which would then be treated first on the site to remove VOCs and taken off the site for further treatment to remove PCBs. Under the proposed change, the plan would include excavation and off-site treatment and/or disposal. To date, more than 130,000 cubic yards of soils have been treated for VOCs and removed from the site. Results of 302 samples taken recently on the remaining soil at the site show that it now meets NYSDEC's new standards for VOCs. Only 8 of 302 soil samples in two localized areas were above the target levels.

EPA will host a public information session at Lincklaen Town Hall, Lincklaen, NY on July 10th at 7:00 pm to discuss the proposed changes to the cleanup plan and will accept public comments. Comments received at the public meeting, as well as written comments will be considered before finalizing the new plan and the Agency will summarize its response to any comments it received in a document that will be included in the final cleanup plan. The comment period is currently open until July 20th.

Wednesday, June 28, 2006

Toxin concerns persist on Tucson's south side (AZ)
by Neil Fischbein on Wednesday, June 28, 2006 [Permalink] [0 Comments]
Exposure to cancer- and disease-causing beryllium has become a concern, despite the state's reassurance that there is nothing to fear.

Friday, June 16, 2006

Lodi vs. Modesto: A tale of two cities' toxins lawsuits (CA)
by Neil Fischbein on Friday, June 16, 2006 [Permalink] [0 Comments]
Helping to distinguish two very different strategies and outcomes, the Stockton Record (CA) reports:
Lodi wrote new ordinances, floated new legal theories and spent about $30 million on a losing strategy to get its contaminated soil and groundwater cleaned.

Modesto used tried-and-true legal methods in a similar cleanup effort. On Tuesday, Modesto was awarded $175 million by a San Francisco Superior Court jury that found chemical companies acted maliciously in failing to disclose the harmful effects of a common dry-cleaning solvent.

Modesto's victory comes after eight years of legal wrangling and a four-month trial. Like Modesto, Lodi also has waged a long legal battle to have perchloroethylene, or PCE, removed from beneath the central city. But unlike Modesto, Lodi sued property owners and businesses it claimed were responsible for discharging PCE onto the ground and into the city's leaky sewers.

On June 4, 2004, a federal judge invited Lodi's attorneys to copy Modesto's strategy, but the city declined. Lodi's water ratepayers are funding a majority of the cleanup through a 38 percent rate hike imposed last year by the City Council, even though the case against some suspected polluters is still open.

"It's just sad," said Jane Lea, who successfully led a grass-roots effort to place a measure on the November ballot that, if it passes, will rescind the rate increase. "What a difference a decision makes. Two similar cases, and one comes down to where the citizens have to pay for it all. It's disheartening. I'm happy for (Modesto) that they found an equitable way for their citizens to have their water cleaned."

Superfund data being withheld from public (D.C)
by Neil Fischbein on Friday, June 16, 2006 [Permalink] [0 Comments]
According to this morning's Los Angeles Times (CA):
Senate Democrats on Thursday accused the Bush administration of withholding key details about toxic waste sites that present risks of exposure to nearby residents.

At a congressional hearing, Sen. Barbara Boxer (D-Calif.) said the Environmental Protection Agency had designated as confidential the details of about 140 Superfund sites where toxic exposure remained uncontrolled.

Boxer and other Democrats said the secret data included information about how much money and time it would take to clean up the dangerous sites, including one site where the EPA predicted it would take 26 years to close off access to toxics.

"This isn't a question of left or right," Boxer said, waving a document marked "Privileged" by EPA officials to prevent its release to the public. "This is a question of right and wrong."

The EPA said that it had blocked only information related to law enforcement and that the public had access to all relevant health-risk data for the sites, seven of which are in California.
Read the full story here

$175 million punitive damage award in Modesto PCE pollution case (CA)
by Neil Fischbein on Friday, June 16, 2006 [Permalink] [0 Comments]
According to this San Francisco Chronicle (CA) report:
A jury has hit two chemical companies with $175 million in punitive damages for failing to warn dry cleaners about the dangers of a solvent that contaminated underground water in the city of Modesto.

The San Francisco Superior Court jury awarded the city $100 million against Vulcan Materials Co. and $75 million against Dow Chemical Co. Tuesday. On Friday, the same jury assessed those companies and four other manufacturers more than $3.1 million to compensate Modesto for its costs in installing filters to keep the chemical, perchloroethylene, out of its drinking water.

The chemical, widely used in the U.S. dry cleaning industry, has been linked to increased levels of cancer in dry cleaning employees, Duane Miller, a lawyer for the city, said Wednesday. He said the city's lawsuit accused the manufacturers of keeping quiet about the dangers from 1978, when they received the first warnings from the federal government, until 1992, when they started telling dry cleaners not to dispose of the chemical in sinks or sewers.

"We have conduct that went on for more than a decade involving a chemical that was considered to be a known human carcinogen, with effects on a large number of people,'' Miller said. He said most of the contamination occurred from the 1960s until the mid-1980s, and cleanup is continuing at several sites in Modesto, one of which is a federal Superfund site, a designation reserved for the worst toxic pollution.
According to the Stockton Record (CA), the case stands in stark contrast to a "discredited" eight-year legal strategy pursued in Lodi:
Where Lodi sued property owners and businesses it held responsible for underground pollution, Modesto successfully sued manufacturers for failing to warn dry cleaners how to use perchloroethylene properly and how the solvent could harm the environment. The chemical, which also is found in industrial solvents, is a suspected human carcinogen.

"We'll look back at the issues that concerned us and see if there are any new ideas," Lodi City Attorney Steve Schwabauer said, adding that he expects city officials to be criticized for their decision in 2004 in light of the Modesto verdict. "Two years ago, we had so many huge battles going on ... . We couldn't be tied up in any more litigation."

After Lodi fired its environmental law team in January 2004, its new lawyers briefly considered following Modesto's lead. U.S. District Judge Frank C. Damrell Jr., at a June 4, 2004, hearing in Sacramento's federal court, invited Lodi's attorneys to sue manufacturers after a state appeals court ruled the previous week that Modesto's suit could go forward.

Schwabauer said Tuesday that the city was in such turmoil at the time that it didn't want to pursue another untested legal theory. Not only had it spent $30million on an unwinding legal theory, but Wall Street financier Lehman Bros. was suing the city over a $16million loan.

Thursday, June 15, 2006

Perchlorate detected at Alhambra Superfund site (CA)
by Neil Fischbein on Thursday, June 15, 2006 [Permalink] [0 Comments]
The Pasadena Star-News (CA) reports:
Toxic chemical perchlorate has been detected in small amounts in monitoring wells in the Alhambra Superfund site, although water experts disagree on its significance.

Because the levels fluctuate and have not been found in drinking water samples so far, the federal Environmental Protection Agency and the city water company are focusing on other contaminants.

But the regional water authority is more concerned.

"Usually you get a hit, and usually over time it increases," said Gabriel Monares, director of resources for the San Gabriel Valley Water Quality Authority. "It means there's a flow, and it's starting to go that way."

[...]

Production wells are deeper than monitoring wells and can run 600 to 700 feet deep, Montan said. While monitoring wells are designed to characterize underground contamination, they aren't necessarily representative of water people are drinking, said Lisa Hanusiak, U.S. EPA remedial project manager.

"We intentionally install the wells where we think we are going to detect contamination - in former industrial areas and whatnot," she said. "Monitoring well data is more conservative in measuring the highest levels of contamination."

The EPA and city say focus should remain on cleanup of volatile organic compounds, or VOCs, a major area contaminant. Driving current investigations is the search for VOCs, specifically those known as TCE, PCE and 1,2,3-TCP, Hanusiak said.

The chemicals are commonly used as industrial solvents. The city has awarded bids to construct a 7,000-gallon-per-minute facility to treat those contaminants.

However, the San Gabriel Water Quality Authority worries the perchlorate problem could worsen, making cleanup more expensive and complicated.

"If perchlorate is there, it takes a $4 to $6 million project and turns it into a $30 million dollar project," Monares said.

[...]

"[Perchlorate is] the big bad word right now," said Bob Kuhn, San Gabriel Basin Water Quality Authority board member. "That's what everyone's afraid of."

[...]

"We're having a hard time finding out where it's coming from," Monares said, adding that funding any necessary cleanup becomes trickier. "We need the state to step up and help us."
Read the full story here

Wednesday, June 14, 2006

Catching up on '06 news re: Wyle Labs and Norco schools (CA)
by Neil Fischbein on Wednesday, June 14, 2006 [Permalink] [0 Comments]
Somehow we've missed a fair amount of info re: vapor intrusion in Norco schools and concerns about contamination from Wyle Labs. Since the The Press-Enterprise (CA) provides a helpful page dedicated to the Wyle Labs contamination story (free reg. req'd), we're able to provide this news roundup, picking up from November of last year and continuing up to this past March:

Wyle reportedly claimed that Vinyl Chloride detected in the Norco High Science building wasn't theirs. This put an unexpected snag in the state's clean-up plan. Wyle's claims didn't appear to have everyone convinced, as it was reported that the mother of a female student said she believes her daughter's leukemia (recently diagnosed) may be due to contamination from Wyle Labs. This was said to be the third case of leukemia from the high school within the past three years and the girl's mother was told by the local doctor to pull her other child out of the school.

Experts from the state denied there is any connection between illness and the contamination at a meeting in which they tell the locals: the contaminant levels are low, the kids are not at risk, teachers are only sort-of at risk. Folks didn't seem convinced; at least one called for the closure of the Science building.

In early March, state investigators found cracks in the bedrock under the community and hailed the discovery as a major breakthrough in tracking the Wyle contamination. At the same time, the state also indicated it would order Wyle to test the indoor air in homes.

Finally, in later March, another public meeting was held...and another parent called for the closing of the Norco High Science building.

--

And as far as we know, that brings us current with published reports. If we learn more, as always, we'll keep you posted.

Monday, June 12, 2006

Al Gore's movie, An Inconvenient Truth
by Neil Fischbein on Monday, June 12, 2006 [Permalink] [0 Comments]
4 words: GO SEE THIS MOVIE

Saturday, June 10, 2006

Update on TCE at Cornell's Chemical and Radiation Disposal Sites in Tompkins County (NY)
by Neil Fischbein on Saturday, June 10, 2006 [Permalink] [0 Comments]
The Ithaca Journal (NY) reports:
Cornell University sent the 2005 Annual Report Executive Summary [PDF, 24K] for the Chemical and Radiation Disposal Sites. Highlights for the radiation site include: areal extent of the paradioxane plume was significantly smaller than in 2003; no radionuclides or volatile organic compounds (VOC) were detected in groundwater above limits; one surface water sample was positive for paradioxane; and the groundwater recovery system pumped 3.7 million gallons during the year. Highlights for the chemical waste site include: the area of the VOC plume remained stable with trichloroethylene (TCE) detected above 5ug/l in 7of the 21 monitoring wells; low levels of TCE detected in surface water on airport property; and 2.3 million gallons of groundwater pumped from the disposal site and 10.6 million gallons from the plume control system. The Groundwater Treatment Plant processed the nearly 16 million gallons to the discharge limits with the exception of dissolved iron and generated 1.25 tons of spent activated carbon and bag filters.

The former Radiation Disposal Site (RDS) and former Chemical Disposal Site (CDS), located just north of the Tompkins County Airport.


The two former disposal sites are located one-third of a mile apart, just north of Tompkins County Airport. The shaded areas indicate where the groundwater is believed to be contaminated by chemicals migrating from the sites.

TCE, Perchlorate and NDMA found in wells near Spokane (WA)
by Neil Fischbein on Saturday, June 10, 2006 [Permalink] [0 Comments]
The Associated Press reports:
Pollution has been found in 19 water wells on property owned by Hutterite families in the Deep Creek area, and environmental experts say the source appears to be a Cold War-era missile battery.

Three toxic chemicals [TCE, Perchlorate and NDMA] have been found in the wells west of Spokane near Riverside State Park, one a common military engine degreaser and the other two typically found in rockets such as those in Nike anti-aircraft guided missiles, Environmental Protection Agency officials said.

"The combination of these three chemicals is fairly unique," an EPA remedial project manager, Harry Craig, told The Spokesman-Review. "The only places that I've seen that is at rocket motor facilities" in California and at the Rocky Mountain Arsenal in Colorado.

The agency reported the findings May 16 to the Army Corps of Engineers, which is responsible for the cleanup of military pollution. Corps spokesman Steve Cosgrove told the newspaper Wednesday a decision on cleanup is likely months away.
Read the full story here.

Friday, May 19, 2006

High Tech Trash: Digital Devices, Hidden Toxics and Human Health
by Neil Fischbein on Friday, May 19, 2006 [Permalink] [0 Comments]
Writer Lizzie Grossman has just announced the publication of her new book. Our copy is on its way from Amazon.com. Readers are encouraged to check it out:
From: Elizabeth Grossman
Date: May 18, 2006 10:11 PM
Subject: High Tech Trash: Digital Devices, Hidden Toxics and Human Health

I'm pleased to announce the publication of my new book, High Tech Trash: Digital Devices, Hidden Toxics and Human Health (Island Press, May 2006). The Wall Street Journal has called electronic waste "the world's fastest growing and potentially most dangerous waste problem." "High Tech Trash" explores the environmental impacts of the whole life-cycle of high tech electronics and solutions to these problems. For additional information, see http://islandpress.org/media/releasehtt.html. Please share this with anyone you think might be interested ~ and please don't hesitate to contact me as well.

Here is some advance praise for the book:

"Lizzie Grossman is among our most intrepid environmental sleuths-here she uncovers the answer to one of the more toxic questions of our time." Bill McKibben, author of The End of Nature

"In this astonishingly wide-ranging investigation, Elizabeth Grossman exposes the toxic fallout from manufacturing and discarding high-tech gadgetry."Elizabeth Royte, author of Garbage Land: On the Secret Trail of Trash

"Elizabeth Grossman has written an important book. It will change the way you shop, the way you invest your money, maybe change the way you vote. It will certainly change the way you think about the high tech products in your life." Kathleen Dean Moore, author of The Pine Island Paradox

"In lyrical and compelling language, High Tech Trash exposes the ecological underside of the sleek, clean world of electronic communication. Who knew that miniature semi-conductors required such vast amounts of toxic chemicals for their creation? Who knew that these chemicals have now become as globalized as the digital messages their products deliver? From Arctic ice caps to dumps in southern China, Grossman takes readers on an amazing world tour as she reveals the hidden costs of our digital age. This is a story for our times." ~Sandra Steingraber, author of Living Downstream: An Ecologist Looks at Cancer and the Environment

Map of Aerojet contamination plume
by Neil Fischbein on Friday, May 19, 2006 [Permalink] [0 Comments]
This map was published recently in the Sacramento Bee (click picture for slightly larger version):
According to the paper, "The migrating plume of contaminated groundwater found responsible [for] deaths and illnesses in a recently settled case has spread considerably. Aerojet's cleanup efforts, however, have sharply reduced the concentration of pollutants."

Guilty, facing punitive damages, Aerojet settles personal injury lawsuits (CA)
by Neil Fischbein on Friday, May 19, 2006 [Permalink] [0 Comments]
According to this report in Wednesday's Sacramento Bee:
Aerojet-General Corp. has agreed to pay a $25 million settlement after a jury found the defense contractor responsible for the deaths of three former Rancho Cordova residents and the illnesses of four others who drank tap water contaminated with rocket fuel.

A Sacramento Superior Court jury awarded more than $14 million in damages to the plaintiffs last week following a twomonth trial. Aerojet officials, faced with possible punitive damages, agreed Friday to settle the case for an additional $11 million.

[...]

The jury found Aerojet "was negligent with respect to its operations, chemical handling, treatment and/or disposal process" of toxic chemicals.

"I was very impressed with the intelligence and attention span of the jury," said Gary Praglin, a Los Angeles lawyer representing the plaintiffs.

[...]

The jury's findings pertained to Aerojet's operations in the 1960s and 1970s when the key clean-water and hazardous-materials laws were in their infancy and utilities did not routinely monitor drinking water for the chemicals Aerojet dumped. At the time, Aerojet disposed of residual rocket fuel and metalcleaning solvents in unlined open pits, allowing the contaminants to seep through the soil and into the groundwater tapped for Rancho Cordova homes.

The case involved three water contaminants linked to Aerojet operations: perchlorate, an oxidizing component of solid rocket propellant known to cause thyroid disorders; NDMA, a cancercausing combustion product of liquid rocket fuel; and trichloroethylene (TCE), an industrial solvent that has been linked to brain damage, liver cancer, skin diseases and immune disorders.

The jury found Aerojet's negligence "was a substantial factor" in causing thyroid disease in the four surviving plaintiffs and in causing the deaths of three others from lymphoma, a cancer of the blood, and melanoma, a skin cancer, according to the verdict. The individual damages awarded ranged from $150,000 to $5 million. The suit was filed in the late 1990s on behalf of the stricken or their survivors: Cheryl Fischer- Smith, who died as a result of non-Hodgkin's lymphoma; Pamela Lowndes who succumbed to melanoma; Deangela Smith, Terilynne Steinman and Joan Van Den Berg, for their thyroid disorders; Donna Marinelli, who has thyroid cancer; and her father, Anthony Marinelli, who died of lymphoma.

"The settlement these people got was real nice, but it will not pay for the suffering they went through," said Greg Voetsch, 72, whose family reached itsown settlement about two years ago in a similar case against Aerojet. Before moving to Rancho Cordova in 1970, the family lived in the Los Angeles County city of Azusa - in the shadow of another Aerojet plant. The water supplying that neighborhood has been found to be polluted with perchlorate and TCE.

In the 1980s, Voetsch said his wife, Doris, 70, developed breast cancer. Voetsch said he has had thyroid cancer as have two of his daughters.

Then early this year, after the family bought a new car and began making home improvements with the settlement money, doctors began to find one cancer after another in Doris Voetsch, first in her colon, then her lungs, then her throat and, most recently, a recurrence of breast cancer that led to a full mastectomy.

[...]

California has by far the most extensive perchlorate contamination in the country, with nearly 300 affected wells. Today, the Arden-Cordova Water Service and the Sacramento County Water Agency have 14 fewer wells to serve 60,000 Rancho Cordova residents because of Aerojet pollution. Regulators and affected industries have been wrestling over setting a "safe" limit of perchlorate in drinking water.
Though we've already quoted liberally from it, you can read the full story here.

Note: It looks like the story was carried by the Sacramento Buiness Journal two days earlier. They include an explanation of the size of the lawsuit (# of plaintiffs) over time:
Hundreds of plaintiffs were involved in four lawsuits against Aerojet over perchlorate, a component of rocket fuel, and other contaminants that leached into drinking water wells. Plaintiffs dropped out over time, leaving about 60 plaintiffs in three consolidated lawsuits by summer 2004. By the time trial began, it was down to two cases and 10 plaintiffs, according to courthouse personnel.

Related Posts (on one page):

  1. Aerojet pollution in Rancho Cordova: Treat tainted water vs. take wells off-line? (CA)
  2. Map of Aerojet contamination plume
  3. Guilty, facing punitive damages, Aerojet settles personal injury lawsuits (CA)

Monday, May 15, 2006

Bill will speed results of TCE tests (NY)
by Neil Fischbein on Monday, May 15, 2006 [Permalink] [0 Comments]
Also from last week:
The state Assembly on Wednesday passed legislation that will shorten the lag time for homeowners between when their homes are tested for trichloroethylene, or TCE, and when they receive the test results. Assemblywoman Barbara Lifton, D-125th, sponsored the bill.

Under the law, the state Department of Environmental Conservation would have a one- month limit between the time it secures a valid test and when homeowners need to be notified of the test's findings. Lifton said some Ithaca homeowners were waiting two months or longer for their results.

“For a while we were sympathetic to the DEC, but I just think it's unacceptable for people to be sitting around feeling anxious, wondering about their kids, if they're sitting in a pool of pollution, so I decided to draft a bill,” Lifton said.
Read more here

State Assembly passes vapor intrusion notice bill (NY)
by Neil Fischbein on Monday, May 15, 2006 [Permalink] [0 Comments]
We're a little slow in sharing this news from last week in the Press & Sun-Bulletin (Binghamton, NY):
The state Assembly passed legislation Wednesday that would require landlords to notify tenants about risks from pollution like the kind affecting properties in Endicott.

The bill, authored by Assemblywoman Donna A. Lupardo, D-Endwell, would require landlords of affected properties to advise tenants about vapor intrusion — a process in which vapors from subterranean chemical spills waft into homes.

The pollution, primarily from trichloroethylene (TCE) "poses a serious health concern for some of my constituents," Lupardo said Wednesday.

[...]

The bills were introduced after an investigation by the Press & Sun-Bulletin, published Oct. 30, found more than 50 renters unknowingly living in apartment buildings in a polluted section of Endicott without systems to prevent vapor intrusion. Some of them were expectant m