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.

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.

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.

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-Chair Hopewell Junction Citizens for Clean Air and Clean Water	Bruce Oldfield, Co-Chair Hillcrest Environmental Action Team
Mike Barry Victor New York TCE	Carol Meschkow Concerned Citizens of the Plainview-Old Bethpage Community, Inc.
Laura Haight NY Public Interest Research Group	Ken Deschere Regina Deschere Ithaca South Hill Industrial Pollution
Bill Borell Hopewell Junction Citizens for Clean Air and Clean Water	Sue Hughes Julie Rizzo United Neighbors Improving Tomorrow's Environment
Stephen Boese Healthy Schools Network	Don Teeling CARE - 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:

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


2. 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.


3. 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.

...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.

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.

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.

To better protect people from TCE , we must (amongst other things) eliminate the difference between the standard of protection for our workplaces and the standard of protection for our homes. The standard of protection for TCE in the air is an example where the difference between protection at work and home is intolerable.

For those who don't know, the safety of the air in your workplace is governed by standards set by the Occupational Safety and Health Administration (OSHA). The air in your home is governed by guidelines established by the Environmental Protection Agency (EPA). In too many cases, OSHA's standards for the workplace are drastically less protective than EPA's guidelines for homes.

Just how much more TCE does OSHA allow in workers' air? At least several hundred thousand times more than EPA allows in their homes.

The result? Workers are being poisoned...and OSHA is allowing it.

In a March 2007 paper entitled "Regulating Vapor Intrusion: What Standards Should Apply," the authors highlight this disparity in a handy table:

TCE Standards or Guidance Levels for Indoor Vapor Concentration

Regulatory or Standard Setting Body	Standard or Guidance Level (µg/m3)
Industrial Standards and Guidelines
OSHA PEL (8-hour time-weighted average)	537,000
OSHA Ceiling Exposure	1,075,000
American Conference of Governmental Industrial Hygienists (ACGIH) (8-hour time-weighted average)	269,000
National Institute for Occupational Safety and Health (NIOSH) Recommended Exposure Limit (REL) (10-hour time-weighted average)	134,000
Residential Guidelines
EPA 2002 Draft Vapor Intrusion Guidance Target Indoor Air Concentration (Table 2c) (using 10-6 risk level)	0.022
EPA 2002 Draft Vapor Intrusion Guidance Target Indoor Air Concentration (Table 2a) (using 10-4 risk level)	2.2

For those who don't know, the OSHA standard above was set based on 1967 standards and has remained the same to this day. With all we have learned about TCE's dangers since 1967 - including that it causes cancer and other significant diseases/health problems - workers remain as exposed and at as much risk of TCE-induced disease as workers of nearly 40 years ago.

Why is the air at work hundreds of thousands of times less safe than the air at home? How many people are poisoned by TCE at work to this day because of this disparity?

Of course, TCE is just one example of a chemical where workplace protection standards are outdated. Over at The Pump Handle, a blog that bills itself as a water cooler for the public health crowd, we learn that Beryllium is another example.

In a post entitled "Why do OSHA Standards Remain the Same, Even When the Science Changes?" David Michaels describes his look at outdated workplace exposure standards for Beryllium. Any of this sound familiar?

In a 1947 report, entitled Public Relations Problems in Connection with Occupational Diseases in the Beryllium Industry, the Atomic Energy Commission (AEC) asserted that the ability of the US government to produce nuclear weapons was threatened by the high incidence of severe health effects associated with exposure to beryllium, a metal vital to weapons production. In response, the AEC established a workplace exposure limit that dramatically reduced beryllium disease incidence. This limit is known as the “taxicab standard” since it was determined by two AEC scientists working in the back seat of a taxi on their way to a meeting.

Over the next several decades, however, increasingly powerful evidence accumulated that Chronic Beryllium Disease (CBD), a progressive and irreversible inflammatory lung disease, was associated with exposure to levels below the “taxicab standard,” and by the 1990s, scores of workers employed in the production of nuclear weapons had been diagnosed with CBD.

Attempting to prevent strengthened government regulation, and to avoid negative publicity that would discourage use of the metal, the beryllium industry waged a concerted effort over decades to counter the accumulating scientific evidence of beryllium’s toxicity. The industry relied on expert services provided by a major public relations company and a leading ‘product defense’ firm. Eventually, when the scientific evidence became so great that it was no longer credible to deny that workers developed CBD at levels permitted by an out-dated standard, the industry responded with a new rationale for delay: that more research was needed to determine the best standard.

The industry’s efforts have been, for the most part, successful. While each year brings new studies linking CBD with beryllium exposures below the current standard, the “taxicab standard” remains the limit enforced by the Occupational Safety and Health Administration in private sector workplaces. New CBD cases have been reported recently in metal recycling facilities. US civilian nuclear weapons workers have greater protection than private sector workers; in 1999 the Department of Energy issued strengthened beryllium regulations, reducing the workplace exposure level that triggers protective action by a factor of 10.

The lessons from this case study for public health policymakers include:

• The absence of evidence is not the evidence of absence. The lack of CBD cases in the 1950s should not have been seen as proof the standard was adequate.


• The interpretation of scientific data by those with financial incentives must be discounted. Industry scientists defended the “taxicab standard” long after it was correctly recognized as inadequate by independent scientists.


• In particular, work by scientists employed by firms specializing in product defense and litigation support must be seen for what it is: advocacy, rather than science. This study illuminates the practice of “manufacturing uncertainty,” the strategy used by some polluters and manufacturers of hazardous products to prevent or delay regulation or victim compensation.


• To best protect public health, we must consider the hazards associated with a toxic material through the entire life cycle of the product.

Representatives Al Wynn (D-MD), the Chairman of the Subcommittee on Environment and Hazardous Materials, and Hilda Solis (D-CA), the Vice Chair of the Subcommittee, are calling for a probe into a number of issues that affect American's water and health. In a letter to the General Accounting Office (GAO), the lawmakers asked GAO to investigate bottled water, TCE, and the EPA's rule-setting for other contaminants.

You can read more about the full range of investigation requests in the official press release. Here, we are focused on the TCE-specific portion:

Wynn and Solis are also asking the Government Accountability Office to examine EPA’s failure to update its current drinking water standard for Trichloroethylene (TCE). An EPA 2001 assessment found TCE was far more likely to cause cancer than previously believed. Despite this assessment and a recommendation from the National Academy of Science, EPA has failed to update its national drinking water standard for TCE.

“The evidence of the dangers of TCE keep piling up and the EPA keeps failing to act,” Wynn added. “Hopefully, GAO can shed some much needed light on the reasons for EPA’s inaction.”

The EPA’s current drinking water standard for TCE allows a maximum of 5 parts per billion, but some have called for a revision of that standard to reduce the maximum amount of TCE allowed in water.

From the text of the letter sent to GAO [PDF], we learn even more:

[We] request that GAO review the EPA’s failure to update it current drinking water standard for Trichloroethylene (TCE) following its August 2001 draft risk assessment entitled “Trichloroethylene Health Risk Assessment: Synthesis and Characterization.” The EPA 2001 assessment found that TCE was far more likely to cause cancer than EPA had previously believed. We note that in July 2006, the National Academy of Science (NAS) found “that the evidence on carcinogenic risk and other health hazards from exposure to trichloroethylene has strengthened since 2001” and recommended “that federal agencies finalize their risk assessment with currently available data so that risk management decisions can be made expeditiously.” EPA does not appear, however, to have acted consistently with respect to the findings and recommendations of these major scientific studies to protect the public health.

In conducting your review of the regulatory review process, and associated issues specific to TCE, please examine the following issues:

1. The extent to which EPA’s efforts to revise the TCE drinking water standard complies with the Safe Drinking Water Act’s requirements, and facilitate improvements to public health protection.


2. The obstacles, if any, that have interfered with EPA’s ability to expeditiously revise its standards for TCE.


3. The latest research and what it suggests about TCE’s effects on human health and the environment, including information from the Agency for Toxic Substances and Disease Registry’s study related to Camp Lejeune.


4. The number of Department of Defense sites contaminated with TCE and the Department’s role, if any, in delaying or interfering with EPA efforts to update a drinking water standard for TCE.

Of course, we already know part of the publicly-accepted answer to #4: There are 1,400 military sites contaminated with TCE. We have reason to believe the actual number may be higher - more on this, and DOD's interference, another time.

As posted in this morning's Press & Sun-Bulletin (NY):

State lawmakers will again introduce legislation requiring landlords to notify tenants who live in polluted buildings, after similar measures were vetoed by two administrations in 2006 and 2007, the bill's sponsor said.

The latest incarnation of the bill, sponsored by Assemblywoman Donna A. Lupardo, D-Endwell, is being drafted with help from the office of Gov. Eliot Spitzer, Lupardo said Friday. Spitzer supports the intention of the bill but vetoed it last August, saying it was not comprehensive enough and in some instances too vague.

Lupardo said she is "optimistic" the bill will become law because of Spitzer's involvement, but noted the governor's draft still has to pass muster with her and its sponsor in the Senate, Thomas W. Libous, R-Binghamton.

"Ultimately, I think this will make it an even better bill," Lupardo said.

Read the full story.

The Jerusalem Post reports that Israel's Ministry of Environmental Protection has identified the reduction of toxic air as a "top priority" for 2008:

The ministry's agenda for 2008 focused on reducing pollution, especially air pollution, as well as assessing Israel's contribution to global warming. According to the ministry, air quality in Israel is lower than the average for Western countries. To improve it, the ministry plans to adopt and enforce the European IPPC standard as well as adjust legislation to dovetail with government environmental policy. The Integrated Pollution and Prevention Control requires highly polluting industries to acquire a permit of environmental approval to operate. Finally, the ministry intends to set up filtering systems on electricity plants.

In a related story, the Post reports the Ministry is already making good on its commitment, announcing that 11 factories are under investigation for contributions to toxic air around Haifa Port:

The ministry tested the air quality around the port for 24 hours in June and then again in September. They found that the levels of benzene, chloroform, methylene chloride, formaldehyde, and trichloroethylene were all too high. The above are all either carcinogenic or suspected of being carcinogenic. The 11 factories either use, store or sell the chemicals in question.

Shuli Nezer, head of the air pollution branch at the ministry, told the committee that more tests would be conducted in February to locate the sources of the pollution, which thus far remain unknown.

Committee head MK Ophir Paz-Pines (Labor) demanded that the factories suspected of releasing the chemicals be shut down until the leaks could be identified.

"We must close down suspected factories until it can be proven that they are not the polluters. It cannot be that in Israel in 2008 there is an occupation [the] price [of which] is human lives," he declared.

Read the full stories here and here.

According to environmental lawyers Willms & Shier's newsletter, Canada: Environment, Energy & Resources Law (Jan 2008), Toronto Public Health is now seeking comments on a proposal that would require stricter reporting from companies that use and emit TCE and PCE. From the proposal being circulated by TPH:

In 2007, Toronto Public Health examined a variety of chemical substances that may be released from institutional, commercial and industrial operations in Toronto and identified 25 toxic substances of priority health concern. They include carcinogens such as cadmium, trichloroethylene and formaldehyde. These substances occur in the Toronto environment at levels that are of concern to health. For Toronto residents, emissions to air are the most important route of exposure to these chemicals, and hence pose the greatest health risk.

Although we know these substances are in our environment at levels that are a concern to health, we are missing important information about how these chemicals get into our environment. To be able to reduce the levels found in our environment we first need to know where they are coming from.

Canada has a pollutant tracking program called the National Pollutant Release Inventory, or “NPRI.” About 300 facilities in Toronto report to the NPRI. The majority of operations in Toronto that may use or emit chemical substances, however, are too small to meet current NPRI reporting requirements. Toronto Public Health estimates that more than 80 per cent of emissions to air of these 25 priority substances are not reported at all. The proposed Environmental Reporting and Disclosure Program would fill this gap in information. It will track the use and release of the priority chemicals from all sizes of operations.

Over the past two years, Toronto Public Health has examined similar programs used in North America and met with businesses, community organizations and other experts to decide what would work best for Toronto.

This document presents an idea about how an Environmental Reporting and Disclosure Program could work. It does not contain the actual text of a bylaw. It identifies elements such as the chemicals to be tracked, the types of businesses affected, what information they would be required to report and how the public could access the data. It also outlines some options for facilities to innovate, prevent pollution and improve competitiveness.

Download the full consultation document/proposal entitled Environmental Reporting and Disclosure from Toronto Public Health. The comment period ends February 6, 2007.

Random Musings, a blog maintained in Arizona, is keeping folks abreast of the latest Scottsdale/Paradise Valley water developments. Most recently, they report that the faulty water treatment facility at Miller Road (MRTF) has been shut down. They learned this from Vicki Rosen of the EPA who sent another email. This time she says:

Hello CIG,

I learned a few more bits of information regarding the failure(s) at the MRTF. Specifically, this deals with the legal relationships between EPA, the State of Arizona, the County, the Participating Companies (PCs) and the AZ American Water Co.

EPA and the State of Arizona signed a Consent Decree (CD) with the PCs, not the water company. The PCs are responsible for extracting and treating groundwater contaminated with TCE. The PCs chose the water company to do this, but the PCs are not responsible for the operation & maintenance of the plant. EPA has no direct authority over the water company under the CD.

The AZ American Water Co. is subject to the Safe Drinking Water Act (SDWA) which EPA has delegated to the State and the State has delegated to the County. All three entities (fed, state, county) may take enforcement action against the water company. The PCs are not subject to the SDWA.

Read more at Random Musings.

Does anybody know of a state that is using an indoor air action level of 1 microgram per cubic meter (µg/m3) or less for TCE? If so, please contact us and let us know where.

Thanks.

(Note: This is not a quiz, it is a request for info)

Yesterday brought us the introduction of the Toxic Chemical Exposure Reduction Act by Senators Clinton, Dole, Boxer, Lautenberg, and Kerry. Here are the main provisions of the 15-page bill:

The Act establishes that the EPA must:

• Publish a health advisory for trichloroethylene that fully protects, with an adequate margin for safety, the health of susceptible populations;


• Propose and impose a national primary drinking water standard that protects sensitive populations and is set as close to the maximum contaminant level goal for trichloroethylene as is feasible;


• Enforce the requirement that all qualified drinking water monitoring systems accommodate the new drinking water standards proposed and imposed above;


• Require monitoring of water supplies currently in the path or proximity of migrating TCE;


• Require that Consumer Confidence Reports include the known health risks of TCE exposure and detail any TCE discovered in the monitored water supplies.

With respect to Vapor Intrusion, the EPA must:

• Publish a health advisory for trichloroethylene that fully protects the health of susceptible populations from vapor intrusion (again , with an adequate margin for safety);


• Establish an integrated risk information system reference concentration of TCE vapor that protects sensitive populations and apply it to potential vapor intrusion-related investigations or actions carried out under CERCLA.

--

We have some thoughts to share on several of these provisions, and will be back shortly to do so.

Meantime, we have emailed representatives for Senator Dodd and Senator Lieberman, both from Connecticut, and have asked if the Senators will be able to support the TCE Reduction Act. So far...no reply. But it's only been a day.

We'll keep you posted.

Big day in the TCE world today, marked by 1 word: LEGISLATION.

Okay, maybe two words: PROPOSED LEGISLATION

Today, Senators Clinton, Dole, Boxer, Lautenberg, and Kerry introduced a bill that proposes to:

Amend the Safe Water Drinking Act to protect the health of susceptible populations, including pregnant women, infants, and children, by requiring a health advisory, drinking water standard, and reference concentration for trichloroethylene vapor intrusion, and for other purposes.

Cited formally as the "Toxic Chemical Exposure Reduction Act of 2007" (get it? "TCE Reduction Act"?) the Senators have proposed that EPA revise the national standard for allowable TCE levels in public drinking water, create a national standard for allowable TCE in indoor air, and enforce nationwide monitoring and cleanups based on these new standards. All of this is proposed to occur within the 3-18 months of the bill's enactment.

Since the details of the bill are interesting and worth comment, we'll post them here shortly. For now, we'll say this: We think this bill, if passed and enforced, could go a long way towards better protecting the public from TCE.

Of course, if the EPA chooses to or is forced to play politics, we also envision ways that they could still stagnate change even if the bill is passed…

As we said, more to come from us on this. Meantime, you can download the full bill here.

Lastly, we are in the process of contacting Senators from our home state, Connecticut, to ask for their support for this legislation. We strongly urge readers to contact their state Senators as well.

(If any readers do contact their Senators for support, please consider letting us know the kind of feedback you receive. If we’re able to keep track of whom has pledged their support, we’ll keep readers posted by running updates on this blog. What could possibly be more exciting?)

UPDATE: For the official press release from Senator Clinton announcing the proposed legislation, see here.

Each of these stories deserves its own post and and, almost certainly, some commentary. Until we get more time for this, please be sure to check them out directly via the links below. All of them come courtesy of the Google. (Sorry to do it this way, we'll try to get the full versions up soon. That reminds us, we're still looking for local correspondents).

• Sen. Schumer calls on EPA to clean up local TCE sites
  Times Herald-Record, NY


• Schumer: Sidney sites contaminated
  The Daily Star, NY


• Get it right - Tallevast cleanup must be thorough
  Bradenton Herald, FL


• Experts claim plan to clean up Tallevast flawed
  The Bradenton Herald, FL


• Schumer wants EPA to clean up dangerous water contaminant
  Herkimer Evening Telegram, NY


• Hawaiian Activists Fight US Military Bases
  Political Affairs Magazine, NY


• Schumer: Feds dragging their feet setting tougher drinking water and clean-up standards
  Little Falls Evening Times, NY


• Schumer blasts EPA over handling of pollutant
  Poughkeepsie Journal, NY


• IBM workers' records pushed for TCE study; Researcher cites worldwide interest
  Press & Sun-Bulletin, NY


• IBM Cancer Study Could Apply to Endicott
  WCIZ TV News, NY


• Protect Victor residents from poison
  Rochester Democrat and Chronicle, NY


• Victor needs swift cleanup
  Rochester Democrat and Chronicle, NY


• Leaders seek action on TCE, cite Victor
  Rochester Democrat and Chronicle, NY


• State to open cancer cluster study in Victor
  Rochester Democrat and Chronicle, NY


• Democrats Stepping Up Scrutiny of DOD Environmental Compliance
  InsideDefense (subscription), DC


• EPA settles for $1.7M in CA groundwater cleanup of San Gabriel Valley Area 2 Superfund Site
  Water Technology Online, NY


• Village of Hempstead feud lingers
  Newsday, NY


• Study works on bacteria-eating toxin
  United Press International -


• TI faces toxics lawsuit re: Hamilton Park, TX
  EETimes.com


• Victor pollution clues come up dry
  Rochester Democrat and Chronicle, NY


• US EPA settles with Poway firm for $63100 over toxic chemical
  WebWire (press release), GA


• Council waives water cleanup in three districts
  Fort Worth Star Telegram, TX


• Interview with Dr. Michael Gros, a victim of water contamination at Camp Lejeune
  World Socialist Web Site, MI

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.

Why is Pennsylvania DEP allowing families in TCE-polluted Tomstown, PA to regularly bathe in and wash with TCE polluted water coming out of the tap between 6ppb-24ppb?

This decision was quietly made public in The Pennsylvania Bulletin on February 10, 2007:

Bottled Water, was initiated on January 1, 2007, for residences with water supply contamination levels greater than 5 ppb of TCE but less than 25 ppb.

Point-of-Entry Water Treatment Systems will be provided for residences that have TCE levels greater than 25 ppb TCE in their water supply. The Department has determined by risk analysis that this level presents an unacceptable inhalation threat in addition to the ingestion threat.

So...DEP is providing bottled water to families in Tomstown whose tap water is contaminated above the federal MCL (5ppb), but has no plans to filter the water unless it tests higher than 24ppb.

This means that families who have up to 24ppb coming from their taps are left with a poisoned water supply in their homes, to bathe in, to wash with, to flush, and to inhale. To date, we have found no evidence that these families have been warned of the dangers of such uses.

On the contrary, we've been advised by a contact in Tomstown that not only are the DEP-provided bottles of water designated by DEP for drinking and cooking only, but reportedly DEP has called any other use of the contaminated tap water "harmless." We hope this report is based on a misunderstanding, but we're still awaiting DEP's reply to our email requesting clarification of their policy here.

In response to our first email, a DEP spokesperson was kind enough to let us know they are indeed on the case:

The articles that you have posted on your blog are accurate. The state is investigating groundwater contamination and the state is supplying bottled water or installing carbon filtration on wells. A vapor intrusion study will be done when the contamination plume has been identified.

As we suspected, it appears no vapor intrusion investigation has been initiated. We're also informed by locals that there has been no warning to residents about the dangers of breathing toxic indoor air.

Meantime, we've been advised that the federal MCL for TCE (5ppb) applies to drinking water in a strict, literal sense, therefore allowing families to bathe in higher concentrations of TCE may not be illegal.

Still, it seems awfully dangerous for PA DEP to continue to allow these ongoing exposures above the MCL without clearly warning the families of the consequences.

Given that there's no telling for how many years these families have been bathing, washing, flushing, and inhaling vapors from the contaminated water - not to mention drinking and cooking with it - prior to DEP's discovery of it in 2006, this is all pretty scary stuff from where we sit.

As we learn more, we'll keep you posted.

The Record Herald (Waynesboro, PA) reports:

Longtime residents of Quincy Township can remember the days when car oil, antifreeze and other liquids were simply taken out back of the garage, house or makeshift junk yard and dumped into the ground.

Those types of practices may have caught up with the township in recent months with the discovery of trichloroethylene contamination in Tomstown area wells.

More than a dozen wells have been found with TCE - an industrial degreaser and suspected human carcinogen - at levels above the maximum threshold of 5 parts per billion allowed by the federal government.

In response and as the state Department of Environmental Protection conducts an investigation of the TCE's source and migration pattern, township supervisors have amended the municipal subdivision ordinance relating to water testing for new homes.

The revised ordinance requires developers of major subdivisions to complete a more rigorous test well program and a comprehensive groundwater feasibility study.

Groundwater quality also will have to be tested for volatile organics such as TCE - a new requirement intended to catch pollutants in the future and help the township proactively combat groundwater contamination.

Read more here.

New York Newsday reports:

Nassau County has warned the 47 water districts it monitors that they need to immediately report any excessive level of contaminants in their water supply.

The warning was issued about a month after the Nassau County Health Department said it learned that the Village of Hempstead had failed to report that one of its wells had contamination from an industrial solvent at twice the allowable levels.

[...]

Water from the affected well had 11.8 parts per billion of trichloroethylene, or TCE, when it was tested on April 3, more than a week after a routine quarterly test showed a level of 10.1 parts per billion, twice the allowable limit of 5 parts per billion, according to a notice sent to village residents last week.

The 11.8 reading was "the highest ever seen in this well," the village said, but the source of the contamination still was unknown, according to the notice.

Neither state nor federal environmental agencies have been able to identify the source of the contamination, although village officials suspect it might be a federal superfund site at the Old Roosevelt Field in Garden City.

Read more here.

This was published over a year ago. We thought it relevant again given recent news and activity:

We just received the following reader question by email:

I have read several recent newspaper articles that state DOD has identified 1,400 DOD sites that are contaminated with TCE. Do you happen to have a copy of or know where I can obtain the underlying documentation for that statement?

Yes. The documentation is available here (as we first reported in March 2005). If you follow the link, download the powerpoint presentation, and find slide # 10, here's what you'll see (click slide to enlarge):

Update: You may also recall, this is the same presentation in which the Air Force calculates DOD's current cost of TCE clean-up at $5 billion. They speculate that this cost could increase by over $5 billion more if TCE is officially declared more dangerous than previously thought or regulated any further because of it. Air Force would bear $1.25 billion of this cost increase. Here's what those slides looks like:

A friend of the blog gave us a state-by-state list of U.S. EPA Superfund sites where trichloroethylene (TCE) is a contaminant of concern. We have made the list available for public download.

Note: We attempted to post a summary table as we did with the RCRA sites, but it was not formatting correctly, so we temporarily removed it. Meantime, here's a high level summary of the data (when we can fix the table glitch, we'll re-post it):

• 76% of the Superfund sites have TCE contamination (432 of 566)
• 17% of Superfund sites with TCE contamination are DoD facilities (75 of 432), 20% are some sort of federal facility (89 of 432)
• 83% of federal facility superfund sites are contaminated with TCE (89 of 106), 84% of these are DOD sites (75 of 106)
• Source: CERCLIS3/Superfund Reporting Center 06/13/2006

A friend of the blog gave us a list of U.S. EPA RCRA sites where trichloroethylene (TCE) is a major contaminant. We have made the list available for public download.

Summary Chart
Region	2008 Baseline Facilities	2008 Baseline facilities reported to have TCE	2008 Baseline facilities reported to have TCE: DoD	2008 Baseline facilities reported to have TCE: non-DoD federal facility	2008 Baseline facilities reported to have TCE: total federal facilities
1	190	132	0	0	0
2	164	103	6	0	6
3	289	92	0	1	1
4	308	181	30	4	34
5	399	148	13	2	15
6	233	40	18