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New Jersey is Making Companies Pay for Toxic Contamination–Shining a New Light on a Little-Known Offender
Illustration: Soohee Cho/The Intercept
NEW JERSEY IS MAKING COMPANIES PAY FOR TOXIC CONTAMINATION — SHINING A NEW LIGHT ON A LITTLE-KNOWN OFFENDER
NEW JERSEY LAID financial responsibility for dealing with PFAS contamination squarely at the feet of the chemical companies responsible for it. The state’s Department of Environmental Protection issued a directive on Monday ordering five companies to pay the costs of dealing with the toxic chemicals that have been associated with numerous health problems, including cancer. The companies include 3M, which created both PFOA and PFOS; DuPont, the chemical giant that used PFOA to make Teflon since the 1950s at the now massively contaminated plant Chambers Works; and DuPont’s spinoff, Chemours.
Monitoring, research, and cleanup of the chemicals, which the state has already begun, is likely to ultimately total “hundreds of millions of dollars,” according to the order.
The hefty price tag reflects the state’s serious PFAS problem. New Jersey is thought to be one of the states most contaminated with these chemicals.
The hefty price tag reflects the state’s serious PFAS problem. New Jersey is thought to be one of the states most contaminated with these chemicals. Seventy percent of drinking water samples taken from 20 of New Jersey’s 21 counties contained at least one compound from the class of chemicals, according to research done in 2009 and 2010. And, last year, another state study showed that all surface water samples taken from 11 waterways and ecosystems around New Jersey contained PFAS. All the fish found there contained the chemicals as well. The state is also home to military bases that have been contaminated by firefighting foam, as well as several industrially polluted sites.
The order also announced the state’s intention to propose the lowest drinking water limits in the country for both PFOS and PFOA on April 1.
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The Extinction Rebellion’s Direct-Action Climate Activism Comes to New York
THE NEW YORK CHAPTER of Extinction Rebellion held its first planning meeting on Thursday. Incensed and terrified by the accelerating climate crisis, activists gathered in Manhattan to discuss how they might replicate some of the successes the direct-action group has had in the United Kingdom.
In London, less than a month after Extinction Rebellion activists blocked roads, occupied bridges, lay down in the street and got arrested to draw immediate attention to the climate crisis, Mayor Sadiq Khan declared a climate emergency, vowing to do “everything in our power to mitigate the risk” of climate catastrophe. Coincidence? Greg Schwedock doesn’t think so.
“That was unthinkable before the Extinction Rebellion,” Schwedock told a standing room-only crowd gathered in a Manhattan co-working space on Thursday night. Dressed in office gear and “Rise and Resist” sweatshirts, accompanied by their children and at least one dog, the attendees came together with the hope that a New York chapter of the group might have similar success in sparking a response commensurate with the dire crisis.
“Getting a million people to D.C. isn’t enough. We need to escalate,” said Schwedock, who emphasized that the group will take the path of disruptive, attention-grabbing civil disobedience, rather than just marching and chanting about the importance of climate change. “We’re not the ‘Extinction Yell About It.’”
The explosive growth of the Extinction Rebellion — which began in England with the support of a group of academics just a few months ago and already has 190 affiliates on five continents — is fueled by the ballooning ranks of people around the world who are frustrated, alarmed, and depressed by the failure to tackle the accelerating climate disaster.
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Nationwide Class-Action Lawsuit Targets Dupont, Chemours, 3M, and Other Makers of PFAs Chemicals
Robert Bilott, who successfully sued DuPont over PFOA, has filed a lawsuit on behalf of everyone in the U.S. who has PFAS chemicals in their blood.
A CLASS ACTION lawsuit against 3M, DuPont, and Chemours was filed this week on behalf of everyone in the United States who has been exposed to PFAS chemicals. The suit was brought by Kevin Hardwick, an Ohio firefighter, but “seeks relief on behalf of a nationwide class of everyone in the United States who has a detectable level of PFAS chemicals in their blood.” Hardwick is represented by attorney Robert Bilott, who successfully sued DuPont on behalf of people in West Virginia and Ohio who had been exposed to PFOA from a plant in Parkersburg, West Virginia.
In addition to 3M, DuPont, and its spinoff, Chemours, the suit names eight other companies that produce the toxic chemicals, which are used to make firefighting foam, nonstick cookware, waterproof clothing, and many other products. While much of the litigation around PFAS has focused on PFOA and PFOS, this suit targets the entire class of PFAS chemicals, including “the newer ‘replacement’ chemicals, such as GenX.”
Rather than suing for cash penalties, the suit seeks to force the companies to create an independent panel of scientists “tasked with thoroughly studying and confirming the health effects that can be caused by contamination of human blood with multiple PFAS materials.” Such a panel would parallel the C8 Science Panel, which was created by the earlier class action litigation in West Virginia. That panel, overseen by epidemiologists approved by lawyers from both sides in the suit, found six diseases to be linked with PFOA exposure, including testicular cancer and kidney cancer.
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EPA Division That Studies the Health Risks of Toxic Chemicals is in a Fight For Its Life–Against the EPA
A SMALL BUT vitally important program within the Environmental Protection Agency is in a fight for its life. The Integrated Risk Information System, or IRIS, is the only division of the EPA that independently assesses the toxicity of chemicals. IRIS supplies evaluations used by states, tribes, private developers, Superfund sites, and foreign countries, among others, and has long been a target of the companies whose profits can rise and fall based on its findings.
A meeting at the National Academy of Sciences on Thursday and Friday to review the program’s recent progress brought IRIS’s defenders together with its critics. Though the agenda focused on IRIS’s scientific process and whether the program has adequately incorporated guidance the academy gave it in 2014, questions about its survival permeated the meeting.
It’s not clear how IRIS might lose its ability to continue independently evaluating chemicals, but one possibility is that it would be folded into another division of the EPA, as the 2018 Senate Appropriations Bill proposes. According to that plan, staff would be moved from the current division of the agency, which is primarily concerned with science, to the Office of Chemical Safety and Pollution Prevention, which deals with regulation.
The transfer from a scientific to a regulatory part of the agency would hobble the program, according to many familiar with its work. “Moving it would bias the risk assessments,” said Tracey Woodruff, director of the Program on Reproductive Health and the Environment at the University of California, San Francisco. “You should try to keep the science separate, then use the independent science for regulation.”
An arguably bigger cause for concern is the current leader of that regulatory office: Nancy Beck, who worked at the American Chemistry Council before joining the EPA and seems to have maintained her allegiance to industry.
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EPA Orders Testing for GenX Contamination Near Chemours Plant in West Virginia
DuPont introduced GenX in 2009 to replace PFOA, also known as C8, a chemical it had used for decades to make Teflon and other…
THE ENVIRONMENTAL PROTECTION AGENCY has asked Chemours to test water near its plant in West Virginia for the presence of the chemical GenX. In a January 11 letter to Andrew Hartten, Chemours’ principal project manager for corporate remediation, Kate McManus, acting director of the EPA’s water protection division, noted that GenX has already “been detected in three on-site production wells and one on-site drinking water well” at the company’s factory in West Virginia, which is known as Washington Works.
McManus also referred to GenX contamination near the Chemours factory in Fayetteville, North Carolina, where DuPont and its spinoff Chemours dumped approximately 200,000 pounds of GenX into the Cape Fear River since 1980, according to Detlef Knappe, a North Carolina State University professor who has studied the contamination. In that time, more than 200,000 people have been exposed to GenX in their drinking water.
“EPA is concerned that drinking water wells in the vicinity of the Washington Works facility may similarly be contaminated by GenX,” the letter explained.
DuPont introduced GenX in 2009 to replace PFOA, also known as C8, a chemical it had used for decades in North Carolina, West Virginia, and other locations to make Teflon and other products. Like GenX, PFOA escaped the West Virginia plant and seeped into local drinking water. The contamination — and the fact that DuPont executives knew about it and hid their knowledge — set off a mammoth class-action suit, which DuPont settled for $671 million.
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With New EPA Advisory, Dozens of Communities Suddenly Have Dangerous Drinking Water
THE EPA ANNOUNCED new drinking water health advisory levels today for the industrial chemicals PFOA and PFOS. The new levels — .07 parts per billion (ppb) for both chemicals — are significantly lower than standards the agency issued in 2009, which were .4 ppb for PFOA and .2 ppb for PFOS. In areas where both PFOA and PFOS are present, the advisory suggests a maximum combined level of .07 ppb. While the old levels were calculated based on the assumption that people were drinking the contaminants only for weeks or months, the new standards assume lifetime exposure and reflect more recent research.
The new federal standards may unify what has been an inconsistent official response to the presence of these perfluorinated chemicals, or PFCs, in drinking water. They will also instantaneously create official water contamination crises in dozens of cities and towns across the country.
According to the EPA’s most recent data on unregulated drinking water contaminants, released in January, 14 drinking water systems around the country reported levels of PFOA that exceed the new federal threshold, while 40 reported PFOS above the new cutoff. In all, water systems in 18 states, as well as in Guam, are contaminated.
Some of these water systems have already begun to quietly address the problem. In Suffolk County, New York, where public drinking water wells show PFOS levels of .33 and .53 ppb, the contaminated water “has either been blended with other wells to reduce the level of the compound to non-detection or their use has been limited to the greatest extent possible,” according to Kevin Durk, director of water quality and laboratory services for the Suffolk County Water Authority. Though he does not know the level of PFOS in the water that comes out of local taps, Durk wrote in an email that “it is a virtual certainty that levels of any detected chemical would have been reduced.”
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Flint Residents May Have Been Drinking PFCs In Addition to Lead
The May 2015 report showed elevated levels of PFCs in the Flint River — including PFOA, also known as C8, the chemical that spread into drinking water around a DuPont plant in West Virginia and led to a landmark class-action lawsuit. In addition to C8 and PFOS, a similar molecule that’s also based on a chain of eight carbon atoms, scientists found 11 other PFCs in the Flint River — more than in any of the other water sources tested around the state.
In 2014, in an effort to save money, Flint switched the source of its drinking water from Lake Huron to the Flint River, a change that resulted in residents being exposed to lead levels high enough to cause irreversible brain damage in children.
The Michigan report was based on tests of surface water and fish for PFCs in 13 sites around the state. According to Jennifer Eisner, a public information officer for the Michigan Department of Health and Human Services, the report was not designed to evaluate drinking water. Eisner referred questions about the dangers the PFCs posed to people drinking water from the Flint River to the Department of Environmental Quality, which did not return our phone calls.
Michigan’s testing revealed PFOS in the Flint River at levels that exceeded the state’s limits for both non-drinking water and drinking water. The scientists found C8 in 12 of the 13 bodies of water tested, though at levels below the official cutoff for concern. Michigan has not set safety levels for the other 11 PFCs.
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Toxic ‘Reform’ Law Will Gut State Rules on Dangerous Chemicals
The Senate’s version has some significant differences from the House bill — the TSCA Modernization Act, which passed in June — and the reconciliation process is now underway. If the worst provisions from both bills wind up in the final law, which could reach the president’s desk as soon as February, the new legislation will gut laws that have put Oregon, California, Maine, Vermont, Minnesota, and Washington state at the forefront of chemical regulation.
Plastic baby bottles, sippy cups, and bowls. Photo: Getty Images
Toxic Sippy Cups and Baby Bottles
For Mike Belliveau the passage of Maine’s chemical law in 2008 felt like the crowning moment in his career. The environmental advocate had spent years working on the Kid Safe Product Act, which is one of the strongest protections against dangerous chemicals in the country. Since it was passed, Maine has used the law to come up with a list of more than 1,700 “chemicals of concern.” The state has also required manufactures to report the use of a handful of those chemicals, and has banned them altogether when there are no safer alternatives.
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