Search Results for: PFAS

Firefighting foam leaves a toxic legacy in Californians’ drinking water

Bethany Slavic Missionary Church

By DAVID S. CLOUDANNA M. PHILLIPSTONY BARBOZA, LA Times
OCT. 8, 2019 3 AM

SACRAMENTO —  It was a Sunday tradition at Bethany Slavic Missionary Church. After morning services, Florin Ciuriuc joined the line of worshipers waiting to fill their jugs with gallons of free drinking water from a well on the property, a practice church leaders had encouraged.

“I take it for my office every week,” said Ciuriuc, a 50-year-old Romanian immigrant and a founding member of the largely Russian-speaking church, which claims 7,000 congregants.

Church leaders boasted it was the cleanest water in Sacramento, according to Ciuriuc. In fact, test results showed the water contained toxic chemicals from firefighting foam used for decades on a now-shuttered Air Force base a mile away. Church leaders say they did not understand their well was contaminated.

The church’s well is one of thousands of water sources located on and near military bases polluted with chemicals from the foam, which was used by the armed services since the 1960s.

Defense Department officials know that the chemicals, called per- and polyfluoroalkyl substances, or PFAS, have seeped into the groundwater underneath nearly two dozen military bases throughout the state. But the department has conducted only limited testing off base and cannot say how many civilian water sources they’ve polluted or who will pay for it.

Since 2016, when the Environmental Protection Agency classified PFAS as an “emerging contaminant” linked to liver cancer and other health problems, the Pentagon has found the pollutants at levels above federal health guidelines in soil and groundwater at more than 90 bases nationwide.

Bethany Slavic Missionary Church

California has the most of any state, with contamination at 21 bases, including six where the chemicals threaten the water supply in nearby communities, according to a review of hundreds of pages of Defense Department records by the Los Angeles Times.

In Riverside County, Barstow, Orange County and Sacramento, PFAS have been detected in private wells or public water systems outside the boundaries of military installations, records show.

At Joint Forces Training Base in Los Alamitos and Fresno Air National Guard Base, the chemicals are suspected of moving into the community water supply.

One military contractor warned in September that residents “using groundwater for drinking water” near Los Alamitos “may potentially be exposed to migrating PFAS contamination.” Another contractor said in March that five wells west of the Fresno airfield could be affected.

But the Pentagon has not completed off-base testing at either location, and at other California bases, leaving the full extent of the contamination unknown.

The Pentagon faces the prospect of a gigantic environmental cleanup that officials estimate could cost in excess of $2 billion and take decades to complete. The day Defense Secretary Mark Esper took office in July, he appointed a task force to oversee the Pentagon response.

Wherever they have already found PFAS in drinking water above the EPA health advisory level of 70 parts per trillion, the military has supplied bottled water, paid for filters and purchased clean water for both military personnel and civilians, officials say.

Firefighting foam

“Our first priority is to cut off human exposure, and everywhere we’ve identified that someone’s drinking water is above the EPA health advisory level, we are doing everything we can to provide alternative drinking water,” Maureen Sullivan, deputy assistant secretary of defense for environment, said in an interview.

Citing limited funds from Congress for cleanup and testing, the Defense Department only acts when water sampling finds contamination levels above EPA health advisory level for two of the most common variations of PFAS.

The threshold, which was set in 2016, is nonbinding, and officials in several states have set much more stringent standards. Congress is currently debating whether to force the Trump administration to adopt an enforceable nationwide standard, a proposal the White House has said it opposes.

California regulators have few legal tools to force the Pentagon to expand its sampling to groundwater near bases.

“We’re doing everything we can to compel the owner, the Department of Defense, to conduct the investigations, to show us it’s not a problem,” said Doug Smith, assistant executive officer with Lahontan Regional Water Quality Control Board, which monitors groundwater at seven California bases.

According to the Public Policy Institute of California, a nonpartisan research organization, about 85% of Californians depend on groundwater for some portion of their water supply.

Regulators and environmental groups warn that the slow pace of Pentagon testing has left an unknown number of people drinking contaminated water.

“The PFAS plumes are spreading near these military bases, and DOD is turning a blind eye,” said Jane Williams, executive director of California Communities Against Toxics, an environmental group that has pushed for more stringent PFAS cleanup standards.

Ruben Mendez

‘Forever chemicals’ spread

Nationwide, the chemicals have been found at 401 current and former military bases. When testing was conducted off-base, the pollutants were found in 1 in 4 wells and water systems, according to a 2018 Pentagon report to Congress.

Among them is the well at Ruben Mendez’s home in the Inland Empire.

Mendez said he had no reason to think something was wrong with his well water until Air Force officials knocked on his door a few years ago.

“They said, ‘We spilled something, and you need to stop drinking the water for a while,’” Mendez said in an interview on the front porch of his peach-colored home.

In 1993, when the Mendez family built the ranch-style home that Ruben, 64, and his 91-year-old mother now share, they settled on property about a mile southeast of March Air Reserve Base. They had a private well dug more than 400 feet down, and for years authorities came every few months to test the water. Mendez said he attributed these visits to his home’s proximity to the base.

March Air Reserve Base

In 2016, after the EPA set its health advisory, officials abruptly told the Mendezes and another family nearby to stop drinking the water.

“We thought we had nice, clean water,” Mendez said.

At that point, the Air Force “immediately contacted the two private well owners, provided them with bottled water and advised them not to use the well for any consumption purposes,” Air Force spokesman Mark Kinkade said.

The Air Force delivered free five-gallon jugs of water to the Mendez home for more than two years. In 2018, it paid to have the house connected to the municipal water system. Ruben Mendez said he now pays $100 a month for water he used to get for free.

Ruben Mendez

The toxic plume that spread from the base has also made its way into the public drinking-water system.

The Eastern Municipal Water District, which supplies a swath of the Inland Empire that is home to some 825,000 people — from Temecula to Moreno Valley and Perris to Hemet — closed one of its large supply wells in 2016 when the EPA set its new health advisory level for the chemicals.

“We took that well out of service the same day,” said Lanaya Alexander, the water district’s senior director of water resources planning.

But the chemicals had spread further south. In February, after a second well tested above California’s notification level, the district shut it down too.

An emerging health threat

Often referred to as “forever chemicals,” PFAS can persist indefinitely in the ground and water, be absorbed into people’s blood and accumulate in their bodies for years.

Some states and public health advocates say PFAS are harmful at much lower levels than the federal health advisory level of 70 parts per trillion. California requires state regulators to be notified at levels as low as 5.1 parts per trillion.

In January, a new state law will mandate that customers be told if any of the chemicals are detected.

Contamination from these chemicals come from many sources, not just aircraft foam. They were widely used in commercial products like nonstick pans, waterproof clothing and food packaging.

In Southern California, a major source of the pollutants is believed to be chrome-plating factories.

Most vulnerable are mothers and young children, whose reproductive and developmental health can be altered by even tiny amounts of the chemicals being passed to fetuses during pregnancy and to nursing infants through breast milk.

Since only small amounts can be absorbed through the skin, the greatest risk of exposure is from drinking contaminated water.

Firefighting foam is considered a major contributor to the contamination, because it contains high concentrations of PFAS. Developed by the Navy and 3M Co., the chemicals create a film that cools burning aircraft fuel and blankets flammable vapors.

Foam used in plane crash

Because of concerns about PFAS contamination, the Pentagon promised in 2016, after the EPA issued its health advisory, that it would phase out use of the foam. It has halted its use in training, but continues to apply it in aircraft fires.

Outrage over PFAS contamination has been building in the Midwest and on the East Coast for years, where companies like 3M, DuPont and its spin-off, the Chemours Co., which made the chemicals, have sought to downplay their health risks.

New Hampshire has set some of the toughest PFAS drinking-water limits in the country. Pennsylvania has tested the blood of residents in heavily-affected areas to measure their exposure. New Mexico’s attorney general sued the Air Force this year to compel the military to pay for the cleanup of two contaminated bases.

But in California, which state regulators say does not have any companies that manufactured PFAS, the scope of the contamination is only beginning to be understood.

California regulators have launched a multi-part investigation, focusing first on more than 600 drinking-water wells located within one or two miles of commercial airports and municipal landfills, where discarded household items release the chemicals.

They plan to widen their search in the coming months, sampling water from wells near military bases and manufacturing plants.

“We’re going to take it case by case,” said Dan Newton of the state Water Resources Control Board. “Where we find hot spots, we may chase those out further to identify plumes or areas of concern.”

Georgia base

High levels found, but not enough testing

One of the California bases with the highest levels of on-base contamination, Edwards Air Force Base, has carried out little testing off-site.

A vast aircraft testing facility in the high desert north of Lancaster, Edwards has 24 contaminated sites where firefighting foam was sprayed heavily.

At a training site where firefighters practiced dousing flames with the toxic foam, the contamination level in soil samples reached 18,000 parts per trillion, more than 250 times higher than the EPA threshold, according to a contractor’s 2018 report to the Air Force.

Tests of the base’s drinking water did not show high readings. Still, the environmental testing company hired by the military called for further investigation into whether chemicals from the foam were leaching into the groundwater, noting at least “39 off-base water supply wells are within a 4-mile radius” of a contaminated site at Edwards.

Federal and state regulators agreed that more testing was necessary.

In March, the EPA complained in an email to base authorities that while the base was conducting limited testing, it had made “no commitment to ensure the nature and extent of … PFAS contamination is investigated.”

California’s Department of Toxic Substances Control recommended in a July 22 letter to base officials that the Air Force expand its testing to include off-base wells.

Sanford Nax, a spokesman for the agency, acknowledged that regulators were concerned about “the limited nature of the sampling.”

The Air Force is preparing to do further on-base testing next month near the base’s northern boundary, it said in a statement. None of the 24 contaminated sites found at the base to date “are in close proximity to any on-base or off-base drinking water wells,” it said.

If future sampling finds contaminated drinking water that exceeds the EPA recommended level, “we will immediately provide alternate drinking water to impacted residences and facilities and begin working with the community and state regulators,” the statement added.

Other bases have even higher PFAS contamination.

At China Lake Naval Air Weapons Station, a massive Navy testing facility and airfield near Ridgecrest, groundwater samples in 2017 turned up PFAS levels of 8 million parts per trillion, the highest in California.

Sampling in 2017 at Naval Base Ventura County found PFAS contamination of 1.08 million parts per trillion.

And near San Francisco, at Naval Air Station Alameda, the levels reached 336,000 parts per trillion, while at Marine Corps Air Station Tustin, a shuttered base in Orange County, samples were as high as 770,000 parts per trillion.

Recently released Pentagon documents obtained through a public records request by the Environmental Working Group, an environmental advocacy group, showed three more bases in California with elevated contamination levels.

They include Joint Forces Training Base, a California National Guard airfield in Los Alamitos, and Ft. Hunter Liggett, an Army training base in southern Monterey County. The third, Sierra Army Depot, a military storage facility, is located north of Lake Tahoe.

Although the military has tested on-base at all of the facilities, their response to the spreading of the contaminants to off-base drinking supplies has been spottier.

California regulators say there is little they can do to speed up the military’s testing or cleanup efforts around its contaminated bases. Because the EPA has delayed setting a standard for cleaning up groundwater contamination, the military has avoided large-scale remediation costs.

Mather Airport

Growing frustration with Pentagon response

In Rancho Cordova, a city of more than 72,000 people just east of Sacramento that abuts the former Mather Air Force Base, a drinking-water well owned by the California American Water Co., one of four utilities that sells water to the town’s residents, has been contaminated.

City Manager Cyrus Abhar said that when the tainted water was discovered, the Air Force assured him it would deal with the problem.

“The Air Force is not going to leave the local communities holding the bag,” Abhar said.

But several years after test results showed high PFAS readings, the Air Force has largely evaded responsibility for removing the contaminant.

Instead, California American Water has spent $1.3 million to build a treatment plant that filters PFAS out of the groundwater. The Air Force has not reimbursed it for this expense, said Evan Jacobs, a California American Water spokesman.

In a statement, the Air Force said, “Congress has provided no authority” to pay for constructing the facility, but that it was in negotiations with the company to pay for its operation costs.

In a sign of growing frustration with the Defense Department, the company has filed a property damage claim against the Air Force — a first step before a lawsuit.

Tim Miller, California American Water’s senior director of water quality, warned regulators at a meeting of the State Water Resources Control Board last spring that the Mather PFAS plume could grow.

“The risk of PFAS contamination continuing to spread in the groundwater basin underneath the city of Rancho Cordova is increasing,” he said.

If no one acted to prevent it, Miller said, the chemicals could leach into five more drinking-water wells within the next five years.

The pollutants have already reached Bethany Slavic Missionary Church, which is housed in a former health club a mile from Mather.

A deep well on the property supplies the Pentecostal church with its drinking water and is used to fill an outdoor swimming pool for baptisms.

Ciuriuc, one of the church’s founders, said he had no idea the Air Force was regularly testing the well for PFAS — or that the tests showed the contaminant level had risen from 14 parts per trillion in 2016 to 50 parts per trillion two years later.

Bethany Slavic Missionary Church

When the well was tested again in March, the chemicals had climbed to 59 parts per trillion, according to a letter disclosing the results the Air Force sent to the church’s pastor, Adam Bondaruk.

“The sample results” are “below the United States Environmental Protection Agency Lifetime Health Advisory level of 70 parts per trillion,” said the letter, a copy of which was provided by the church. “The Air Force is committed to protecting human health and the environment.”

Since the letter made no recommendations to limit use of the well for drinking water, the church initially took no action. When another sample was taken in June, it showed the contaminant level had dropped sharply — back to 16 parts per trillion.

But the church recently started taking precautions, after inquiries from The Times. Ciuriuc stopped taking water every Sunday. Highlands Community Charter School, which leases space from the church, began offering bottled water to its 44 adult students who attend class there.

Last month, church leaders padlocked the well.

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DuPont defense: Patriotism of the past created pollution of the present

World War 1 battlefield

By Michael Sol Warren | NJ Advance Media for NJ.com

They only did it to help win the war. Well, both wars.

Facing major lawsuits filed by New Jersey, chemical giant DuPont is making the argument that its toxic legacy in the Garden State was created at the behest of Uncle Sam as part of war efforts in World War I and World War II.

In court filings, the company says the federal government ordered millions of pounds of chemicals to be produced at four sites across New Jersey during the two World Wars. Because that work was done under a federal contract, DuPont argues that it does not have liability in recent lawsuits filed against the company by New Jersey Attorney General Gurbir Grewal.

The argument helped DuPont get the cased moved from state to federal court, though it’s unclear whether it will be enough to clear the company of liability in the case.

A DuPont spokesman could not be reached for comment.

Earlier this year, New Jersey sued chemical giants DuPont, 3M and Chemours for decades of pollution at four of New Jersey’s most toxic sites, from Carney’s Point to Pompton Lakes.

The resulting contamination left the sites soaked with a mess of health-threatening substances ranging from lead and mercury to volatile organic compounds and per- and polyfluoroalkyl substances (PFAS), according to the state.

The lawsuits seek unspecified millions from the companies in natural resource damages claims — the same kind of legal action that the state took against ExxonMobil, a case settled for $225 million.

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DuPont’s federal contract defense offered a glimpse into how it will fight the suit.

In the move, which DuPont filed on July 5, the company argued that it was required to dramatically increase chemical production at all four sites as part of contracts with the U.S. government to support to war efforts in World War I and World War II. Because of this, DuPont asserts was an agent of the federal government.

Removing the cases from state court to federal court is in line with a common legal defense strategy, according to Steve Gold, an environmental lawyer who teaches at Rutgers law school.

“A lot of defendants in these cases would prefer to be in federal court,” Gold said “State courts, and in particular state court juries, many defendants view as a risk.”

A spokesman for the state Attorney General’s Office declined to comment. Among its legal options, the state could seek to have the cases remanded back to New Jersey Superior Court.

In the removal filings, DuPont also set up the defense that it is protected from liability for actions taken under government contract. The Federal Tort Claims Act restricts situations in which federal agencies, and civilian contractors acting on behalf of federal agencies, can be sued, Gold said.

This defense still leaves DuPont liable for pollution done by activities not related to a federal contract. But Gold said that the reality of figuring out just how much DuPont is liable could be tricky.

“If you have a giant contaminated mess, and if the court were to agree with DuPont on the government contractor defense, then what fraction of the total contamination ends up being DuPont’s liability and who has to prove that fraction?” Gold said. “That may be what their ultimate substantive strategy is.”

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Opinion: Burning food waste in N.J. still stinks, even when it’s given another name

While the trash incineration industry is seizing this moment to try and sell municipalities their rebranded forms of yesterday’s technologies, there is an opportunity to embrace a better approach, Mandy Gunasekara says.

While the trash incineration industry is seizing this moment to try and sell municipalities their rebranded forms of yesterday’s technologies, there is an opportunity to embrace a better approach, Mandy Gunasekara says.

By Mandy Gunasekara, Star-Ledger guest columnist

The New Jersey legislature recently passed a food-waste recycling bill designed to better align the state’s waste-management processes with today’s understandings and societal expectations.

Legislators no doubt had the best of intentions while crafting this bill – which is on its way to the governor for signature into law – but it has a glaring loophole that stands to undermine its entire purpose. A last-minute amendment added trash incinerators to the list of approved recycling facilities. If burning New Jersey’s food waste strikes you as a major step backward in local waste management and counter to the basic meaning of recycling, then you are on the right track.

Reading through the text of the amendment it would be hard to find this provision given incinerators are rarely mentioned by their old, honest name, but instead have a new, more enlightened one – “resource recovery facilities.” While effective PR campaigns and lobbying efforts have changed the look and feel of these trash burning facilities on paper, little has changed in terms of the technology.

false
Throwing food away — or just burning it — counts as recycling in bill awaiting Murphy’s approval

A last-minute change to a bill originally meant to expand composting in the Garden State could instead send food waste to landfills and incinerators.

Some facilities have added heat capturing capabilities in an effort to produce energy. The PR brigade refers to these as “waste-to-energy,” which sounds great, but this has proved both inefficient and extremely costly in practice. It actually costs $8.33 per megawatt-hour to make energy out of waste incineration. For comparison, pulverized coal only costs $4.25 per megawatt-hour; nuclear energy costs $2.04.

From an environmental perspective, burning trash is equally problematic. Air pollutants are an inevitable biproduct of the process, but there is a more recent concern that incinerators are also releasing Per- and Polyfluoroalkyl Substances more commonly referred to as PFAS. These chemicals have been the subject of growing public concern, which prompted EPA to issue an action plan to address it. In the meantime, trash incinerators do not have the same level of pollution control capabilities for PFAS as they do other air pollutants.

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Turns out U2’s The Edge is just another rich jerk

The Edge’s plan for Malibu rock and roll colony is dead. Here’s how U2 guitarist can win new fans
The coastal ridge in Malibu where U2’s The Edge wanted to build a residential compound of five houses. (Allen J. Schaben / Los Angeles Times)

Steve Lopez is a columnist for the Los Angeles Times

He’s rich.

He’s famous.

He wanted to build a colony of castles on a Malibu hillside, despite the years-long screams of conservationists.

But David Evans, who strums a guitar for U2, has become an exception to the rule that with money and power, you can buy anything your heart desires.

It’s been two weeks since the California Supreme Court delivered a near-fatal blow to Evans’ planned rock and roll colony on Sweetwater Mesa, which overlooks the Malibu pier and offers heavenly coastal views on a plot just outside the city of Malibu.

The court decided not to review a lower court ruling that the California Coastal Commission, which gave Evans the go-ahead in 2015, did not have the authority to do so.

So what happens next?

Unclear. I asked Evans’ attorney and he said he had passed along my query to his client. But in all the years I’ve been on this story, I’ve never been able to get hold of Evans. Maybe I should have gone to a U2 concert in Ireland, like Mark Vargas did. He’s the California Coastal Commissioner who met with Evans in Dublin and then came home to cast a vote in favor of the project. He said he paid for the Dublin trip and concert himself.

The Edge, also known as David Evans.
The Edge, also known as David Evans. (Evan Agostini / Associated Press)

It just so happens that I have a few suggestions on what Evans might do next, but let me back up before I move forward, because there’s a David and Goliath story to be told.

Evans and his wife bought the 150 acres of land for just under $9 million in 2005 and were part of a plan to erect five ridiculously gigantic homes on an otherwise pristine ridge. If that’s not offensive enough, he wanted to call the compound Leaves in the Wind.

The Coastal Commission took a look at Evans’ plans—which included running a long water-service line through the hills, and sinking dozens of caissons into a cliff to support an access road — and said, in effect, you’ve got to be kidding. The commission rejected Evan’s claim that there were five separate owners, contending instead that limited liability corporations were used to mask his role as the only owner.

But legal maneuvering aside, Peter Douglas, the agency’s executive director at the time, zeroed in on what was really at stake.

“In my 38 years with the commission,” Douglas said at the time, “I have never seen a project as environmentally devastating as this one.”

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Pennsylvania Senators Casey and Toomey back PFAS bills in Congress

Pennsylvania Senators Bob Casey and Pat Toomey

Kyle Bagenstose  reports for the Bucks County Courier-Times

U.S. Sens. Bob Casey and Pat Toomey have thrown their weight behind a package of policies aimed at addressing nationwide contamination of per- and polyfluoroalkyl substances, their offices said Thursday.

The policies, if ultimately passed, would have significant implications for one of the country’s preeminent environmental issues. The unregulated chemicals have been found in the drinking water of tens of millions of Americans, including at nationally high levels in several Bucks and Montgomery County water supplies. The policies now being pushed by Casey, Toomey and colleagues would require the Environmental Protection Agency to set a federal drinking water standard for two of the most hazardous PFAS substances within two years, require that manufacturers report how much PFAS they release into the environment, and give financial and strategic aid to states and towns, among other measures.

The policies are a sign of crucial bipartisan appetite to act on PFAS in Congress. Earlier this year, the EPA released a “PFAS Action Plan” and administrator Andrew Wheeler announced his “intention” to regulate the chemicals in drinking water and the environment.

But residents of impacted communities and many environmental groups decried the plan as lacking firm commitments and deadlines. It appears those feelings have spilled over into Congress, which held numerous committee hearings on the chemicals this year.

In a prepared statement, Toomey particularly touted parts of the package that would add PFAS to a list of chemicals addressed by the Toxic Release Inventory, an EPA data program that publicly displays what chemicals are being released from industrial sites, as well as language that requires the EPA to develop guidance on how to dispose of PFAS.

“All Pennsylvanians — particularly the residents of Bucks and Montgomery counties — should be fully aware of any risks associated with PFAS in drinking water,” said Toomey, R-Allentown. “The EPA’s Action Plan announced earlier this year is a step in the right direction, but this bipartisan measure will do more to inform impacted communities through increased accountability and transparency.”

Casey also touted the measures.

“Listing PFAS on the EPA’s Toxic Release Inventory will help us better understand how PFAS enters our environment and will further our remediation efforts,” Casey, D-Scranton, said in a prepared statement. “I support efforts to get to the root sources of PFAS contamination and chart a path forward to getting PFAS below toxic levels in our environment and ensuring Pennsylvanians have clean water.”

The proposed policies are following the same path that PFAS advocates in Congress used in prior years to make headway on addressing the chemicals. On Thursday, the policies were packaged together and approved by the Senate Environment and Public Works Committee as an amendment to the National Defense Authorization Act, one of two must-pass military spending bills.

There’s still a long road ahead: The amendments must survive deal-making and a final vote in the full Senate and House, and then the process must be repeated again in a separate appropriations bill. But the strategy wound up a winner in years past when Casey, Toomey, and colleagues such as U.S. Reps. Brendan Boyle, D-2, of Philadelphia, and Brian Fitzpatrick, R-1, of Middletown, helped push through tens of millions of dollars in funding for PFAS cleanup and a nationwide health study by tagging them on the appropriations bills.

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EPA rushes overhaul of cancer testing

EPA headquarters sign. Photo credit: Johannes Schmitt-Tegge/dpa/picture-alliance/Newscom

Corbin Hiar reports for E&E News

EPA plans to quickly revamp its guidelines for evaluating whether environmental contaminants can cause cancer or other ailments, a move Trump administration critics fear is part of a broader effort to weaken the basis for regulating a wide range of pollutants.

At issue is a fundamental responsibility of the agency: How to determine whether potentially harmful substances pose an unacceptable risk to human health and the environment.

The outcomes of such risk reviews can then be used by EPA’s regulatory offices and other agencies to, for example, limit the types of pesticides that farmers can apply to their crops or the amount of hazardous air pollutants oil and gas refineries can emit.

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EPA sources say the Trump administration is now seeking to revise the standards for that highly scientific process in a matter of months. That timeline, experts fear, makes it impossible to do a thorough job and could take years to fix — leaving millions of Americans at greater risk from unhealthy levels of pollution in the meantime.

Currently, EPA has 166 pages of guidelines for assessing cancer-causing risks and no uniform guidance for evaluating other potentially adverse health effects.

But next week, EPA will ask its influential Science Advisory Board (SAB) for “advice regarding upcoming actions related to an update to the ‘2005 EPA Guidelines for Carcinogen Risk Assessment’ and creation of guidelines for non-cancer risk assessment,” the agency said in a Federal Register notice earlier this month.

Unlike other topics on the agenda for the meeting — EPA’s proposals to increase scientific “transparency,” redefine “waters of the United States,” and manage toxic nonstick chemicals known as PFAS — the agency hasn’t publicly released any background documents or briefing materials on its aims for the risk assessment guidelines.

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Three governors pledge to cooperate to save Delaware River Basin environment

The governors call for more federal support. Gov. Phil Murphy says one way to prepare for climate change is to elect a new president

Phil Murphy
Gov. Phil Murphy signs the proclamation saying he will cooperate in the protection of the Delaware River Basin. Edwin J. Torres photo/Governor’s Office


Jon Hurdle reports for NJ Spotlight

The governors of New Jersey, Pennsylvania, and Delaware promised on Thursday to work together to preserve the natural resources of the Delaware River Basin but said there is only so much they can do without more federal money.

At a highly unusual joint panel discussion overlooking the river in Philadelphia, Gov. Phil Murphy plus Gov. Tom Wolf of Pennsylvania and Gov. John Carney of Delaware called for more federal support to protect environmental quality, saying that U.S. government backing is essential to safeguarding the basin which supplies drinking water to some 15 million people.

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The governors, all Democrats, signed a “proclamation” saying they would cooperate to provide clean drinking water, protect wildlife, address climate change using the best available science, and help the Delaware River Basin Commission, a water regulator that already represents the three states plus New York and the federal government.

Although Congress passed the Delaware River Basin Conservation Act (DRBCA) of 2015 during the second Obama administration — providing federal technical support and a modest $5 million a year for local conservation efforts — the U.S. government is now less active than it should be in that work, the governors said.

“It would be really nice to have a national partner,” said Wolf, whose administration this year began a process of setting health limits for two toxic PFAS chemicals after the U.S. Environmental Protection Agency declined to commit to doing so. “Clean air doesn’t know state boundaries, and climate change seems to have created a lot more localized weather problems.”

Bracing for climate change

Murphy also called for more federal support and accused President Donald Trump of failing to prepare the country for climate change. Asked by moderator Collin O’Mara how communities can prepare themselves for the floods and storms that are expected to come with climate change, Murphy quipped: “How about starting with a new president?”

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3M, DuPont Refuse to Pay for New Jersey Chemical Cleanup

A sign outside a 3M Co. plant.Photographer: Daniel Acker/Bloomberg via Getty Images

Sylvia Carignan reports for Bloomberg

Chemours Co., 3M Co. and DuPont are taking a stand against what one company called an “unprecedented” New Jersey order, saying they won’t pay for a statewide investigation of fluorinated chemical contamination.

The companies asserted they aren’t responsible for contamination under the state’s Spill Compensation and Control Act, which prohibits hazardous substances and pollutants from being discharged and imposes liability on those who do so.

New Jersey’s Department of Environmental Protection in March ordered DuPont Specialty Products USA LLC, DowDuPont Inc., E.I. du Pont de Nemours & Co., Chemours Co., Solvay Specialty Polymers USA LLC and 3M to tell the state where and when they manufactured, dumped, supplied, or used poly- or perfluoroalkyl substances, known as PFAS.

The chemicals have appeared in drinking water supplies across the country, spurring new federal legislation, state regulations and orders including New Jersey’s.

New Jersey also requested the companies set up a fund for investigating and remediating PFAS across the state, but the companies have refused, according to documents obtained by Bloomberg Environment May 9 through a state public information request. 

‘Wildly Expensive’

But even the act of estimating the costs of cleaning up PFAS across the state would be “wildly expensive,” Lanny S. Kurzweil, partner at McCarter & English LLP in Newark, N.J., wrote to the state on behalf of Chemours April 17.

Each company put up different defenses against the state’s request for funding, according to documents obtained by Bloomberg Environment May 9, but are willing to talk with state officials about PFAS chemicals near their own New Jersey facilities.

A spokesman for the New Jersey Department of Environmental Protection didn’t immediately respond to Bloomberg Environment’s request for comment.

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Senate committee, EPA debate urgency of chemical response

Kyle Bagenstose reports for the Bucks County Courier-Times
During a Senate Environment and Public Works committee Thursday, U.S. Sen. Tom Carper, of Delaware, and an EPA official went back and forth on the speed of the agency’s response to PFAS chemicals.
Department of Defense and Environmental Protection Agency officials faced scrutiny over their response to toxic chemicals during a Senate hearing Thursday morning, but repeated past assurances that their agencies were doing all they could to address growing contamination.
The subject of the two-hour Senate Environment and Public Works Committee hearing was per- and polyfluoroalkyl substances, or PFAS, a family of durable chemicals that have been used for decades in non-stick cookware, water-resistant clothing, firefighting foams used by the military, and other applications. Bucks and Montgomery counties are the site of one of the worst PFAS contaminations in the country, with at least 70,000 people previously exposed to dangerous amounts of the chemicals.
Citizens, towns and environmental groups nationwide have been critical of the military and EPA over the response to PFAS, saying they’ve been too slow to respond to a growing national health crisis. Committee minority leader Sen. Tom Carper, D-Delaware, voiced such concerns Thursday, saying the EPA lacked a sense of urgency.
“I know it when I see it,” Carper said. “That’s not the case, at least so far.”
David Ross, assistant administrator in the EPA’s Office of Water, referred to the agency’s PFAS Action Plan, reiterating previous congressional testimony that the EPA has committed to considering a nationwide drinking water standard, listing some PFAS as hazardous substances under the Superfund law, creating groundwater recommendations, and other measures.
When Carper tried to pin Ross down on a precise date for setting a drinking water standard, Ross said the process didn’t allow for such a prediction.
“We are going to move as expeditiously as we can,” Ross said.
Asked by Sen. Ben Cardin, D-Maryland, about how the EPA will support water suppliers and treatment operators hit by PFAS contamination costs, Ross referred to the agency’s consideration of a Superfund listing.
“If we list (PFAS) as hazardous substances … that helps in the cost recovery aspect,” Ross said.

Senate committee, EPA debate urgency of chemical response Read More »

Senate committee, EPA debate urgency of chemical response

Kyle Bagenstose reports for the Bucks County Courier-Times

During a Senate Environment and Public Works committee Thursday, U.S. Sen. Tom Carper, of Delaware, and an EPA official went back and forth on the speed of the agency’s response to PFAS chemicals.

Department of Defense and Environmental Protection Agency officials faced scrutiny over their response to toxic chemicals during a Senate hearing Thursday morning, but repeated past assurances that their agencies were doing all they could to address growing contamination.

The subject of the two-hour Senate Environment and Public Works Committee hearing was per- and polyfluoroalkyl substances, or PFAS, a family of durable chemicals that have been used for decades in non-stick cookware, water-resistant clothing, firefighting foams used by the military, and other applications. Bucks and Montgomery counties are the site of one of the worst PFAS contaminations in the country, with at least 70,000 people previously exposed to dangerous amounts of the chemicals.

Citizens, towns and environmental groups nationwide have been critical of the military and EPA over the response to PFAS, saying they’ve been too slow to respond to a growing national health crisis. Committee minority leader Sen. Tom Carper, D-Delaware, voiced such concerns Thursday, saying the EPA lacked a sense of urgency.

“I know it when I see it,” Carper said. “That’s not the case, at least so far.”

David Ross, assistant administrator in the EPA’s Office of Water, referred to the agency’s PFAS Action Plan, reiterating previous congressional testimony that the EPA has committed to considering a nationwide drinking water standard, listing some PFAS as hazardous substances under the Superfund law, creating groundwater recommendations, and other measures.

When Carper tried to pin Ross down on a precise date for setting a drinking water standard, Ross said the process didn’t allow for such a prediction.

“We are going to move as expeditiously as we can,” Ross said.

Asked by Sen. Ben Cardin, D-Maryland, about how the EPA will support water suppliers and treatment operators hit by PFAS contamination costs, Ross referred to the agency’s consideration of a Superfund listing.

“If we list (PFAS) as hazardous substances … that helps in the cost recovery aspect,” Ross said.

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