CERCLA

June 28, 2024

US failed to clean up radioactive Superfund site, lawsuit claims

By Shannon Kelleher

The US government has failed dangerously in its duty to clean up a radioactive former naval shipyard in San Francisco, jeopardizing the health of community members for decades and potentially putting hundreds of thousands of people at risk if plans to turn the site into a residential area materialize, alleges a lawsuit filed on Friday.

The lawsuit, which was filed in the US District Court for the Northern District of California by the group Greenaction for Health and Environmental Justice, alleges that both the Navy and the US Environmental Protection Agency (EPA) violated the federal law that governs Superfund site cleanups known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The Navy has not properly characterized the full extent of the contamination at the Hunters Point Naval Shipyard, according to the complaint, and failed to follow through on its promise to retest all the soil that was improperly remediated by a former contractor, Tetra Tech.

The Navy has also failed to account for how rising sea and groundwater levels, driven by climate change, may exacerbate contamination risks for vulnerable neighborhoods nearby, the lawsuit alleges.

“Our community is sick and tired of the Navy and US EPA ignoring our demands for full retesting and a full cleanup of all the toxic and radioactive waste at the Hunters Point Shipyard,” Leaotis Martin, a long-time area resident and Greenaction member, said in a press release.

May 16, 2024

New hope for long-polluted communities, but skepticism of Superfund success remains

By Barbara Reina and Carey Gillam

Jackie Medcalf was a teenager when she moved with her family to a small farm near the San Jacinto River in Harris County, Texas. It felt like a good life, playing in the river and “eating off the land,” as Medcalf describes it.

But the animals quickly grew ill, as did Medcalf, suffering a range of health problems. Her father developed multiple myeloma at the age of 51. Tests of the family’s well water would later reveal contamination with several toxic metals. Testing of the eggs collected from the family’s chickens also found an array of heavy metals. The family was not alone, as others in the area reported similar problems.

There was little doubt about the source of the contamination: The Environmental Protection Agency (EPA) has designated the San Jacinto River Waste Pits as a Superfund site due to dumping in the 1960s of waste from a paper mill containing carcinogens and other types of toxins. The site has been on the EPA’s “National Priorities List” for cleanup since 2008. But 14 years later, those efforts have yet to be completed.

“For decades my fellow community members have unknowingly recreated around dioxin laden pits,” said Medcalf, now a 37-year-oldmother and the founder of a nonprofit that advocates for the cleanup of area’s contamination. “How many more decades must pass before this disaster is remedied?”

The suffering of the Medcalf family is but one story among far too many that are emblematic of the struggles behind America’s Superfund program, which aims to clean up sites around the country contaminated with a range of dangerous industrial toxins.

In February, the Biden administration said it was earmarking more than $1 billion to help clean up those long-standing hazardous waste sites that are jeopardizing the health of communities around the country. The money is to go to new and continuing projects, and is part of roughly $3.5 billion allocated in President Biden’s Bipartisan Infrastructure Law for work at Superfund sites.

April 19, 2024

EPA moves to make polluters foot the bill for PFAS cleanup

By Shannon Kelleher

US regulators on Friday finalized a rule designating two widespread PFAS chemicals as hazardous substances, a step they say will ensure polluters pay to clean up contamination and reduce Americans’ exposure to the toxic chemicals.

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law, the rule will require leaks and spills of these per- and polyfluoroalkyl substances (PFAS) to be immediately reported and will enable investigation and cleanup of the chemicals.

The finalized rule “enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers,” said the US Environmental Protection Agency (EPA) in a press release. “Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.”

“This is great news for the many communities grappling with PFAS contamination – many of which are also low income and communities of color,” said Tracey Woodruff, an environmental health researcher at the University of California, San Francisco and a former EPA senior scientist.

The move comes days after the EPA announced the nation’s first legally enforceable drinking water limits for the same chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with four other PFAS.

So-called “forever chemicals,” which do not break down naturally, have been used for decades in consumer products ranging from nonstick pans to waterproof clothes and stain resistant carpet. Exposure to PFAS has been linked to cancers, liver and heart problems, and immune and developmental damage in children, according to the EPA. The chemicals are found in the blood of almost all Americans.

April 10, 2024

“A huge victory for public health”: EPA set limits on PFAS toxins in drinking water

By Shannon Kelleher

US regulators on Wednesday put in place the nation’s first legally enforceable limits for levels of six toxic PFAS chemicals in drinking water, saying the moves should prevent thousands of deaths and reduce serious illnesses in people across the country.

The rule is designed to reduce exposure to these per-and polyfluoroalkyl substances (PFAS) – also called “forever chemicals” – for about 100 million people nationwide, according to the US Environmental Protection Agency (EPA). Exposure to PFAS has been linked to “deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children, the EPA said.

“Today we can celebrate a huge victory for public health in this country,” Rob Bilott, a lawyer who has become famous for his work against PFAS, said in a statement. Bilott has spent decades pushing for PFAS regulations and to hold PFAS manufacturers accountable for releasing the dangerous chemicals into the marketplace.

“It should never have taken this long to address such serious threats to public health and our environment,” Bilott said, noting that he first alerted the EPA to the presence of PFAS in US drinking water more than twenty-three years ago.

The new rule sets a limit of four parts per trillion (ppt) for two types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), which are both known to be particularly hazardous.

The EPA acknowledged that there is “no level of exposure to these contaminants without risk of health impacts, including certain cancers,” and said it was setting a “non-enforceable health-based goal,” at zero for PFOA and PFOS.

March 21, 2024

Warnings of a “wave of lawsuits” as PFAS exemption debated

By Shannon Kelleher

Representatives of US water and waste systems told US lawmakers this week that hundreds of such operations across the nation could face unintended and overwhelming liabilities unless they are exempted from a proposal that would designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances.

The rule proposed by the Environmental Protection Agency (EPA) sets up “multiple avenues to drag innocent parties into extremely costly and complex litigation,” Michael Witt, a lawyer speaking on behalf of a coalition of water groups, told members of the US Senate Committee on Environment and Public Works in a hearing Wednesday.

Witt was one of multiple witnesses to address the committee on the hotly contested issue of how the government should address widespread PFAS environmental contamination. The EPA said in 2022 that it was preparing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because they present “a substantial danger to human health or welfare and the environment.”

Such a designation allows the government to order responsible parties to clean up the environmental contamination and bear the costs of mitigation. The “polluter pays’ model is a core principle of CERCLA.

The debate now underway is about whether to provide an exemption from liability for “passive receivers” of PFAS – entities that don’t make or use PFAS but wind up with the chemicals in their water, land and waste. The EPA has said it won’t assign liability to passive receivers, but Witt and others speaking at the hearing said there is still concern that such entities could become embroiled in lawsuits over chemicals they never used or produced.

February 27, 2024

Citing “dangerous health risks,” US adds $1 billion to Superfund cleanup efforts

By Carey Gillam

The US is earmarking more than $1 billion to help clean up long-standing hazardous waste sites jeopardizing the health of communities around the country, a move that will impact 110 sites around the country, officials said on Tuesday.

The money for new and continuing projects marks the “final wave” of a total of roughly $3.5 billion allocated in President Biden’s Bipartisan Infrastructure Law for Superfund work, and addresses an administrative initiative aimed at directing funds to projects that benefit disadvantaged communities, Janet McCabe, deputy administrator of the Environmental Protection Agency (EPA), said in a press conference held to announce the funding.

Communities around the country have been “long-overburdened by pollution” that poses “dangerous health risks,” McCabe said. Minority populations have been particularly impacted with more than one in four Black and Hispanic Americans living within three miles of a Superfund site.

Of 25 sites set to receive funding for new projects, 75% are in historically underserved communities, according to McCabe.

“This funding will help improve people’s lives, especially those who’ve long been on the front lines of pollution,” she said.

In addition to the 25 sites receiving new project funding, another 85 sites are receiving money to continue ongoing cleanup projects.

August 11, 2023

“Polluter pays” debate heats up over toxic PFAS chemical cleanup plan

By Carey Gillam
As US regulators work to tackle the toxic threat posed by a class of widely used chemicals known as PFAS, debate is heating up over who could – and should – get hit with the cleanup costs.

Over the last several weeks, federal officials have received an onslaught of conflicting calls for action regarding a proposal to designate certain types of per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the nation’s so-called “Superfund” law. The designation would provide a pathway for the remediation of dangerously contaminated sites around the United States, including assigning liability for the hazardous waste cleanup.

The Environmental Protection Agency (EPA) is specifically proposing that PFOA and PFOS and seven other types of PFAS be designated for action under the Superfund law, known formally as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The public comment period on the EPA’s proposal ended Friday, drawing fevered pleas from individuals, industries and agencies across the country.

It is the issue of potential liability for PFAS contamination under CERCLA that is sparking fierce debate, as an array of parties, including water providers, landfill operators and even farmers, say they worry they could be saddled with millions of dollars in costs to try to rid their operations of widespread PFAS contamination that they had no hand in creating. They want the EPA and members of Congress to carve out exemptions to protect them.