PEER

February 13, 2024

EPA’s proposed lead pipe crackdown spurs debate

By Shannon Kelleher

Proposed revisions to a national drinking water regulation designed to reduce exposure to lead in US drinking water are drawing applause from many sectors, but also criticism as industry groups worry about how to meet the stricter standard and environmental and health advocates fear the proposed requirements don’t go far enough.

The regulatory move comes after public outcry in response to recognition that communities around the country could be at risk of the type of contamination that occurred in Flint, Michigan in 2014 when the town’s drinking water became contaminated with lead from corroded pipes. The toxic metal, which is a known health hazard, particularly to children, has also been found in the tap water of Chicago residents.

“Now, there’s a new proposed rule, there’s lots of money, and there is a deadline, so now people are mobilizing to implement,” said Alfredo Gomez, director of Natural Resources and Environment at the US Government Accountability Office (GAO). But, he said, “some folks are supportive of the proposed rule, and others are concerned.”

The US Environmental Protection Agency (EPA)’s proposed changes would require water systems to replace lead service lines within 10 years of the rule going into effect. An estimated 9.2 million water service lines provide water to communities across the nation. The agency would also compel utilities to take stronger measures to prevent lead in the pipes from entering the water through corrosion by reducing the level at which utilities are required to take mitigation action for lead from 15 parts per billion (ppb) to 10 ppb. The EPA action builds on revised regulations introduced in 2021.

The new move to address lead in drinking water, which the EPA proposed in late November, is among a host of actions the agency has recently taken to crack down on a wide range of harmful environmental pollutants. The agency issued an enforcement alert in late 2023 calling out “widespread noncompliance” with the first US regulation on toxic coal ash, and earlier this month it announced a proposal that would help ensure cleanups of pervasive chemicals known as PFAS at hazardous waste facilities. Last week, the EPA finalized stronger air quality standards to reduce soot pollution.

December 20, 2023

EPA scores enforcement wins, losses in 2023; announces funding for vulnerable communities

By Shannon Kelleher

The US Environmental Protection Agency (EPA) scored both wins and losses in its enforcement of environmental laws for 2023, stepping up fines for polluters and on-site inspections but cleaning up fewer pollutants than it has in a decade, according to the agency’s annual enforcement and compliance report.

The agency said Monday that it had required polluters to pay more than $704 million in fines, penalties, and restitutions this year, a tally significantly higher than in 2022. However, the agency’s enforcement actions only led facilities to reduce, treat or eliminate about 74 million pounds of pollutants – about 450 million pounds less than in 2015, and the smallest amount in at least a decade.

The EPA said a focus of its work was in communities facing environmental justice concerns; the agency conducted 60% of its on-site inspections in 2023 in such communities, surpassing a goal it had set to achieve by 2026.

“While our work is not complete, EPA’s revitalized enforcement program is making a positive difference in communities across America, particularly for people living in underserved and overburdened communities that for too long have borne the brunt of pollution,” David Uhlmann, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, said in a press release.

In other high points for the year, the agency said its public water system inspections resulted in 150 cases to correct violations – a more than 300% increase over the average for the last decade, the agency said.

And, after losing about 950 jobs following a decade of budget cuts, the agency is now hiring about 300 new positions to boost its enforcement program, the EPA said.

“We’re pleased to see the Environmental Protection Agency staffing up and ramping up enforcement efforts to hold polluters accountable and protect some of our nation’s most vulnerable communities,” said Coby Dolan, the legislative director of the Access to Justice Program at the nonprofit Earthjustice.

The agency needs to do more, however, to address disparate harms faced by frontline communities burdened by pollution, he said.

November 10, 2023

EPA data shows US toxic PFAS waste problem is worsening, watchdog group says

By Shannon Kelleher

The average amount of waste containing toxic PFAS chemicals that is shipped around the US each month has almost quadrupled since 2018, according to an analysis of government data by a watchdog group.

The Environmental Protection Agency (EPA) data points to about 10,344 shipments totaling almost 27 million kilograms of per- and polyfluoroalkyl substances (PFAS) waste in the last five years, since the agency first began collecting the data.

The findings, released Nov. 9, reflect “a small percentage, we believe, of the amount of PFAS waste that is being generated, transported, stored, and disposed of in the US,” said Tim Whitehouse, executive director of the watchdog group Public Employees for Environmental Responsibility (PEER), which authored the report. “There’s no reporting requirement.”

The EPA data supports the need for the agency to regulate PFAS under the Resource Conservation Recovery Act (RCRA) Subtitle C, which authorizes the agency to set regulatory standards for the management of hazardous waste from “cradle to grave,” says the report. PEER and the Environmental Law Clinic at Berkeley, on behalf of the Green Science Policy Institute and community groups around the country, petitioned the EPA in 2019 and 2020 to regulate PFAS as hazardous waste.

The EPA did not respond to request for comment.

Exposure to PFAS “forever chemicals,” which do not break down naturally, has been linked to health problems including thyroid, kidney, and testicular cancer, as well as ulcerative colitis, high cholesterol, and hypertension during pregnancy. About 97% of Americans have PFAS in their blood, according to the Centers for Disease Control. People are exposed to the chemicals in water or food, the air they breathe, or from using products made with PFAS.

September 14, 2023

New scientific integrity policy lacking teeth, critics warn

A draft policy meant to curtail improper interference in federal scientific work falls far short of what is needed, according to a warning issued this month by a group of public health and science advocacy groups.

The draft issued by the US Department of Health and Human Services (HHS) is the first to come from a key federal agency in answer to a call by President Joe Biden for federal agencies to strengthen policies meant to protect the integrity of their research. HHS is expected to release its final policy by February 2024.

The HHS oversees government entities that play critical roles in evaluating harmful chemicals, tracking and analyzing data on important public health threats, and conducting research into human health and disease, including the Centers for Disease Control and Prevention, the Food and Drug Administration, and the Agency for Toxic Substances and Disease Registry.

The HHS works to “enhance the health and well-being of all Americans depends on the development and use of accurate, complete, and timely scientific and technical information,” HHS states in the draft policy.

But according to a letter sent to HHS this month by 11 advocacy organizations, the draft policy would do little to stem what has become a systemic problem in key federal agencies whose work is supposed to protect the public but too often is swayed by political and/or corporate interests.

“Under this proposed policy, every aspect of enforcing scientific integrity principles would remain a captive of the political process inside the agencies,” Jeff Ruch, the Pacific director of Public Employees for Environmental Responsibility (PEER), said in a press release.

February 22, 2023

Citing birds and bees, groups petition EPA to close pesticide loophole

By Carey Gillam

The US should overhaul regulation of a class of insecticides tied to excessive honeybee and bird deaths, according to a citizen petition filed Wednesday with the Environmental Protection Agency (EPA) by a coalition of more than 60 nonprofit groups.

Specifically, the groups are demanding the EPA revoke a nearly 40-year-old waiver that allows pesticide companies to bring their products to market without first providing data that proves the product benefits. The groups say the waiver dates back to a 1984 EPA declaration that stated: “rather than require efficacy data the Agency presumes that benefits exceed risks”.

The petition, which was submitted by Public Employees for Environmental Responsibility (PEER) and the American Bird Conservancy, is aimed at turning back the use of insecticides known as neonicotinoids, or neonics, which many studies have shown to be exceptionally harmful to hundreds of species.

Environmental advocates say numerous studies show neonics are not necessary and are so detrimental to the environment that they should be banned.

“This stuff is causing all sorts of environmental problems and the environmental tragedy is multiplied because in many cases these insecticides provide farmers no benefit but at the same time they’re doing all this damage,” said Peter Jenkins, a lawyer with PEER.

The European Union has banned the outdoor use of certain types of neonics, and the United Nations has said neonics are so hazardous that they should be “severely” restricted. But in the US, the pesticides remain widely used, typically as coatings on corn and soybean seeds planted by farmers to protect crops from insects and disease. Neonicotinoids are used across on an estimated 150m acres of US farmland annually.

When used as seed coatings, neonics are absorbed through the roots of plants as they grow. Residues of the chemicals can persist for years in the environment and are blamed, along with other pesticides, for a so-called “insect apocalypse.”

October 6, 2022

Hunters Point Superfund Site May Not Get Full Cleanup

by Shannon Kelleher

A full cleanup may not materialize for the Hunters Point Naval Shipyard in San Francisco, a Superfund site since 1989, according to a memo the Environmental Protection Agency (EPA) released on September 30th. The memo, which was directed to Public Employees for Environmental Responsibility (PEER) and other groups, implied that the site may remain unfit for unrestricted residential use after the cleanup concludes. The radioactive waste-contaminated shipyard is located within Bayview-Hunters Point, a low-income community of color with high asthma and cancer rates.

PEER said in a press release that the memo indicates the cleanup would violate Proposition P, a voter initiative calling for the agency to fully clean the shipyard. Instead, the memo suggests the cleanup plan may entail relying on land use restrictions and covering contamination with caps.

“Regarding your recommendation that soil radiological cleanup goals be based on an unrestricted use scenario consistent with the City/County of San Francisco’s Proposition P, broadly, EPA’s policy is to achieve protective remedies consistent with reasonably anticipated future land use,” said the EPA memo. “Institutional controls, like land use restrictions, are a common component of Superfund remedies nationwide to ensure protection of human health but also to ensure the integrity of remedies in the long term.”

“They’re sort of tacitly conceding the point that what’s going to be left is well above what should be left according to EPA’s own guidance on Superfund matters,” said PEER Pacific Director Jeff Ruch. “Hunters Point was supposed to be the biggest commercial redevelopment since the 1906 San Francisco earthquake. If it’s not cleared for unrestricted use, it’s not clear to what extent it’s going to be usable.”

September 26, 2022

High levels of toxic PFAS found in pesticides used in farming

By Shannon Kelleher

Widely used pesticides contain concerning levels of toxic “forever chemicals” called PFAS, adding to concerns about the human health risks posed by pesticides that are used in growing food, according to a study published last week.

The study found a type of PFAS called PFOS at levels hundreds of thousands of times higher than the Environmental Protection Agency (EPA) considers safe in 6 out of 10 insecticides tested, including malathion, one of the most commonly applied insecticides in the world.

PFOS was found at levels ranging from 3,920,000 to 19,200,000 parts-per-trillion (ppt), far higher than the EPA’s health advisory for PFOS in drinking water, which is set at 0.02 ppt. PFOS is no longer manufactured in the US and has been linked to cancer, as well as problems with the liver, thyroid, and immune system.

PFAS chemicals, including PFOS, were also found in soil samples, corn kernels, string beans, and peanuts that had been sprayed with pesticides at a government research laboratory in Lubbock, Texas, where the study was conducted.

“The level of PFAS absorption by plants detected in this study suggests that this exposure pathway poses a major threat to the safety of our food supply,” Tim Whitehouse, executive director of the government watchdog group PEER, wrote in a Sept. 26 letter to EPA Administrator Michael Regan.

“For this reason, it is quite possible that PFAS in our food is a bigger PFAS exposure pathway than water. This threat is not merely to the safety of U.S. agriculture but of the world’s food supply, as these pesticides are widely applied in other countries,” Whitehouse wrote in the letter.

September 12, 2022

EPA confirms PFAS can leach from shipping containers into food, other products

By Shannon Kelleher

Toxic chemicals knowns as PFAS leach from the walls of shipping containers into the products they contain, potentially contaminating food, pesticides, and other products transported all over the world, according to study by the Environmental Protection Agency (EPA).

The findings provide fresh evidence backing concerns that per-and polyfluoroalkyl substances used to coat the insides of shipping containers can contaminate the contents of those containers. The EPA analysis found that 8 types of PFAS compounds leached into water and methanol samples stored in fluorinated high-density polyethylene (HDPE) containers after just one day.

The EPA said the analysis provided “a clear indication” of the migration of PFAS from container walls to the liquid solutions in the container. The agency said the amount of PFAS leached into the solutions generally increased with time during the agency’s 20-week testing period.

The levels of contamination the EPA found were higher than the health advisory threshold of about 0.004 parts per trillion (ppt) EPA recently set for PFOA, one of the PFAS chemicals identified in the barrels.

August 31, 2022

NOAA is damaging marine life by bottom trawling Gulf of Mexico

By Shannon Kelleher

A U.S. government agency that is supposed to protect ocean resources is instead endangering coral reefs, fish, and other marine life as it collects data from the Gulf of Mexico, an environmental watchdog group alleged this week.

In an Aug. 29 letter, Public Employees for Environmental Responsibility (PEER) called on the National Oceanic and Atmospheric Administration (NOAA) to stop scraping the ocean floor in the Gulf of Mexico with heavy nets for fishery studies. PEER is a Washington, DC-based group that works to expose improper government actions related to the environment.

Peer said it received concerning information from a NOAA scientist about the practice, and a review of NOAA’s own data demonstrates that the “bottom trawling” may inflict irreparable damage on sea floor habitats that can last for years.

“Ironically, NOAA’s own marine protection policies are designed to minimize the very type of damage these research trawls cause,” PEER Executive Director Tim Whitehouse said in a press release. “We believe that that the damage caused outweighs the marginal research value of these trawls.”

PEER said the trawls involve dragging heavy nets, large metal doors, and chains over the sea floor to catch fish, similar to industrial fishing. The trawls sometimes result in nets abandoned in the ocean, where they can entangle sea turtles and other marine animals, PEER said.