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Our community has an amazing opportunity to create the best place possible for us to live. Starting at our next CAC meeting on August 29 we will begin to imagine together what this community could look like through a process called “placemaking.” Check out this web site for more information about placemaking and all the good things that can come from it: www.pps.org/reference/what_is_placemaking/ We hope to see you all there!
Last year DTSC committed to “significantly upgrade and strengthen the Department’s permitting program and to ensure that the problems of the past do not resurface in the future” (DTSC-IRP Report, 1/28/2016). But DTSC nevertheless predicted many years of permitting backlogs, with many more facilities operating on expired permits.
Why does this matter? When facilities like Quemetco are allowed to continue operating on expired permits they are being held to outdated standards that endanger community health. We just learned that Quemetco’s sloppy work has led DTSC to issue a Notice of Deficiency detailing all the places in the permit renewal application that are insufficient or incorrect. One of these places really stood out to us: the “requirements for risk assessments” where it is clear that Quemetco is relying on a health risk assessment done in the year 2000 that was based on modeling, not actual measured samples of toxic chemicals—and we know a lot about the high levels of these chemicals in the soil around the facility. Worse, this old risk assessment is based on outdated health thresholds for lead and other chemicals of concern. Quemetco is also NOT following sampling protocols long established by the EPA that require samples taken from soil, groundwater, surface water, soil vapor, etc. BUT NONE OF THIS IS BEING CONSIDERED NOW since Quemetco is operating on an expired permit. Again, we are waiting to know about the contamination in our community.
And, again, Quemetco’s hazardous waste permit renewal process has been extended. In July 2015 we were told that the public comment period for this permit would begin in January 2017. It is now more than TWO years after Quemetco applied for a renewal of its hazardous waste permit—which expired in 2015—and DTSC now tells us to look forward to a public comment period in late 2018! Clean Air Coalition together with Jill Johnston, Assistant Professor of Preventive Medicine and Director of Community Outreach and Engagement at USC’s Keck School of Medicine, and her student collected 243 samples that were analyzed both in-situ and from collected soil. Of the 221 reliable sample data, 14% detected antimony, 24% detected arsenic, 9% detected cadmium, 62% detected copper, 95% detected lead, 96% detected manganese, 2% detected mercury, 10% detected nickel, and 97% detected zinc. Lead and other metals can cause harm throughout the body, including damage to multiple organ systems[i], cognitive deficits, and neurodevelopmental delays[ii] [iii]. Chronic exposure to low levels of lead remains a significant public health issue, particularly among people of color and other marginalized communities where housing stock is older and where people are more likely to live near industrial sources.[iv] Lead, arsenic, cadmium, and antimony are closely linked to smelter emissions and were found in very high amounts in many of the samples we tested from outside the current ¼ mile testing radius where the Department of Toxic Substances Control is taking samples. These metals were measured due to community concern about potential health problems from exposure from the Quemetco Battery Recycling facility. Samples Collected Fifty-four samples were collected in-situ for residential and public property within 1 mile of Quemetco on 7/8/2016. One hundred and eighty-nine samples were collected by community residents and brought to a community sampling event at San Angelo Park on 7/23/2016. Community members were instructed to collect the top 1-2 inches of soil, sieve the soil and allow it to dry. Then soil was placed into a plastic bag and brought to the central location for measurement. Residents provided up to 3 samples per property. All samples were measured for metals using a Thermo-Scientific Niton XL2 GOLDD XRF device. Twenty-two samples were excluded from the analysis of non-lead metals due to machine errors. Table 1. Health-based Residential Soil Concentrations for Toxic Metals (restricts to samples where the metal was detected) The reference data provided are derived from the health-based residential soil concentrations for toxic metals from the California Office of Environmental Health Hazard Assessment (OEHHA),[v] with the exception of Manganese: this level is from the US Environmental Protection Agency Regional Screening Levels for residential soil.[vi] The data are summarized for all samples with a detectable concentration and results provided in ppm. The highest detectable lead level exceeded 2400 ppm; the highest arsenic level was 48 ppm. In contrast, among these samples, levels of copper, manganese, nickel and zinc did not exceed residential soil standards. The sampling found that 40% of samples exceeded the OEHHA residential standard of 80 ppm. Three percent of samples exceeded the 400 ppm threshold and 1% of samples (n=3) exceeded 1000 ppm. [i] Tong S, Schirnding YE von, Prapamontol T. Environmental lead exposure: a public health problem of global dimensions. Bull World Health Organ. World Health Organization; 2000;78(9):1068–1077. [ii] Levin R, Brown MJ, Kashtock ME, Jacobs DE, Whelan E a., Rodman J, Schock MR, Padilla A, Sinks T. Lead exposures in U.S. children, 2008: Implications for prevention. Environ Health Perspect. 2008;116(10):1285–1293. PMID: 18941567 [iii] Jusko TA, Henderson CR, Lanphear BP, Cory-Slechta DA, Parsons PJ, Canfield RL. Blood lead concentrations < 10 microg/dL and child intelligence at 6 years of age. Environ Health Perspect. 2008;116(2):243–248. PMID: 18288325 [iv] Tong S, Schirnding YE von, Prapamontol T. Environmental lead exposure: a public health problem of global dimensions. Bull World Health Organ. World Health Organization; 2000;78(9):1068–1077. [v] OEHHA. (2010). California Human Health Screening Levels. Retrieved from http://oehha.ca.gov/chhsltable [vi] US EPA. (2016). Regional Screening Levels (RSLs) - Generic Tables (May 2016). Retrieved July 28, 2016, from https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables-may-2016 As part of a clean-up and corrective action, the Department of Toxic Substances Control is currently testing residential and commercial properties for toxic metals within a ¼-mile radius around the Quemetco lead-acid battery recycling facility located at 720 S. 7th Avenue in City of Industry. Community members have documented soil removal and new landscaping taking place at several commercial locations within the ¼-mile testing radius. We are concerned about toxic metal levels in the soils and about where these soils are being taken for disposal. DTSC’s testing of commercial locations around Quemetco for lead and other metals is complete but DTSC has not made public the locations where soil with hazardous waste levels over 1000 ppm were found. DTSC also has not prevented the removal of potential hazardous waste during the department’s current enforcement action.
The following is a timeline and description of events that demonstrate a lack of public protection from the hazardous materials emitted by Quemetco and a lack of departmental oversight by DTSC and the LA County Fire Department’s Health Hazardous Materials Division. July 23, 2016––Soil samples taken from Bonelli St and 7th Avenue tested by Jill Johnston, Assistant Professor of Preventive Medicine and Director of Community Outreach and Engagement at USC’s Keck School of Medicine showed lead levels of 2109 ppm. Samples taken from just outside Quemetco’s perimeter showed lead levels of 2482 ppm––twice the hazardous waste level. July 27, 2016––Keith Kihara, Chief of DTSC’s Enforcement Division, was informed by a community member that potential hazardous waste soil was being removed and new landscaping completed in named locations. Mr. Kihara was asked to find out where the soil was being taken and that he immediately put a stop to this. July 28, 2016––Elsa Lopez, DTSC Public Participation Specialist, was asked by a community member to inform DTSC’s Quemetco investigation team of the new landscaping taking place along Clark Avenue and Bonelli Street, both areas with potentially hazardous waste levels of lead. July 28, 2016––The new landscaping on Bonelli St. and 7th Avenue was visually confirmed by a community member. Bonelli Street runs from this location down hill and westward towards San Jose Creek. July 29, 2016––William Jones, MS Chief of the Health Hazardous Material Division, was called by a community member to report removal of soil and new landscaping. A message was left for Mr. Jones requesting that he or someone else from enforcement or investigation return the phone call. July 29, 2016––New landscaping on the north side of Clark Street from 7th Avenue to about ¼ mile east of 7th Avenue was visually confirmed by a community member. It was also noted that Kato Landscaping did this work. July 29, 2016––Don Ellis of the Health Hazardous Material Division of LA County Fire/Emergency Response was informed by phone by a community member of the soil removal and new landscaping occurring in locations with potential hazardous waste levels in the soil. Again, the concern was expressed that hazardous soils are being removed and disposed of improperly. Aug. 1, 2016––Neither Don Ellis nor William Jones followed up with the community member’s concern. Meanwhile, the landscaping on Clark and Bonelli was completed with a crew of 12 trucks, Photos of both locations were taken. The Clean Air Coalition wants to know where and how the potential hazardous soil has been disposed of. Who authorized brand new landscaping in an area where the state is currently conducting an investigation of the accumulation of toxic metals? Thank you to the 75 community members who came out this past Saturday morning to the San Angelo Park Community Center to have their soil tested by USC environmental scientist Jill Johnston and her student--165 separate samples were tested for lead, arsenic, and other chemicals of concern. When you get involved like this it sends a strong message that you care about the health of your community! We also want to thank Supervisor Hilda Solis and her Field Deputy Lawrence Shih for helping to reserve the beautiful--and cool!--community center space for this event.
Our next step will be to push DTSC to expand their test radius from 1/4 mile to at least 1 mile around Quemetco since almost a third of the samples from residences outside the 1/4 mile radius tested well over the state residential threshold of 80 ppm of lead. As an added concern, 18% of samples had arsenic levels well over the state residential threshold of .07ppm. We're also going to follow up with the LA County Department of Public Health to make sure they are providing the appropriate oversight of DTSC's residential soil sampling. Together we can make a difference! We are concerned that Quemetco contested the Department of Toxic Substances Control’s October 30, 2015 directive to begin soil sampling and investigation immediately, following the Modified Quemetco Investigation Work Plan. We find Quemetco’s refusal to comply with the scope and thoroughness of DTSC’s plan very troubling and, frankly, irresponsible, given that there has never been any investigation of the extent and nature of the contamination in the neighborhoods that have grown up around this facility since it began operations in 1959.
It’s important to note that our current understanding of lead and arsenic exposure in children is much different than what it was when past health risk assessments of Quemetco’s emissions were conducted. Knowing about the problems Quemetco had with lead emissions in 1998 and arsenic emissions in 2013 and not yet having seen the latest HRA, we must be concerned with the exposure of our children, who are the most vulnerable. With this new understanding just last year the California Office of Environmental Health Hazard Assessment (OEHHA) updated the HRA guidelines to account better for early childhood exposures. "Over the past 10 years, advances in science have shown that early-life exposures to air toxics contribute to an increased lifetime risk of developing cancer or other adverse health effects, compared to exposures that occur in adulthood. Children are typically more sensitive than adults to chemicals and this is true of air toxics; children’s defenses are not as developed, they breathe faster, and they are far more active than adults. In addition, they have a longer lifetime ahead of them, during which delayed health effects may become apparent." [1] This new understanding absolutely compels us to insist that Quemetco’s application to process up to 25 percent more batteries be denied. [1] “Frequently Asked Questions March 6, 2015 Release of OEHHA Risk Assessment Guidance Manual and ARB Hotspots Analysis and Reporting Program (HARP) Software” (http://www.sdapcd.org/homepage/FAQ-OEHHA.pdf). See also: http://www.oehha.ca.gov/air/hot_spots/hotspots2015.html CAC met with the People’s Senate for the first time on August 29 in the offices of Communities for a Better Environment in Huntington Park. The Center on Race, Poverty, and the Environment (http://www.crpe-ej.org/crpe/) coordinates the People’s Senate, which includes 12 other communities from around California, all of us working to make environmental justice a reality (http://www.crpe-ej.org/crpe/index.php/campaigns/toxic-free-communities/the-peoples-senate). We are communities living with the toxic impacts of major polluters that state regulatory agencies like the DTSC have literally permitted to pollute, allowing industries to get away with the contamination our homes and schools—often for decades.
The highlight of our meeting on August 29 was a conversation we all had with Ana Mascareñas, DTSC’s new Assistant Director for Environmental Justice. After hearing the concerns of each community, Ana expressed her commitment to changing the DTSC so that it becomes more transparent and better able to listen and respond to impacted communities. She also committed to regular monthly conversations with impacted communities in order to formalize two-way communication between DTSC and community members—we will report news to DTSC and DTSC will report news to us. We are hopeful that this meeting is just the beginning of real change at the agency that will result in real and positive change for our communities. Stay tuned! |