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Erin Brockovich Calls on EPA to Finally Set Standard for Carcinogen Found in Millions of Americans' Tap Water

As news about North Carolina's governor and his administration downplaying the risks of drinking water contaminated with hexavalent chromium unfolds, two leading environmental health advocates are pushing the Obama administration to finally set a nationwide standard for the highly toxic chemical.

Erin Brockovich, a noted environmental health advocate and the Environmental Working Group (EWG) President Ken Cook called on the U.S. Environmental Protection Agency (EPA) to stop dragging its feet and move quickly to set a tough national standard, known as a Maximum Contaminant Level or MCL, for the ubiquitous carcinogen found in millions of Americans' tap water.

In a joint letter to EPA Administrator Gina McCarthy, Brockovich and Cook wrote:

We write with deep concern about this continued delay. It is clear that the delay is sowing confusion among state and local regulators, utilities and the public about how much hexavalent chromium is safe in drinking water. This confusion is resulting in many Americans' exposure to unregulated levels of hexavalent chromium that federal, state and independent scientists agree pose health hazards.

The request comes as a top state health official in North Carolina resigned in protest over meddling by Gov. Pat McCrory and his staff. McCrory sought to retract "do-not-drink" warnings directed at some residents whose tap water comes from wells likely tainted by hexavalent chromium from nearby Duke Energy coal-burning facilities.

The situation in North Carolina is, in part, a result of the absence of a stringent nationwide health-protective EPA standard, argued Brockovich and Cook:

States like North Carolina, where industrial byproducts like coal ash increase the risk of hexavalent chromium contamination, need a federal mandate to set strong, health-protective standards for levels of the contaminant in drinking water. Without it, states will continue to use inconsistent and potentially unsafe guidelines and leave citizens confused about whether their drinking water is safe.

A report issued by EWG back in December 2010 found hexavalent chromium in tap water from 31 of 35 American cities.

"It's high time EPA put in place a stringent national standard to protect Americans from drinking water contaminated with hexavalent chromium," Cook said in a separate statement.

"A lack of a federal standard and the ongoing delay in setting one, are confusing utilities, states and citizens about what level of hexavalent chromium in drinking water is safe. Until EPA acts, we will likely continue to see the situation happening in North Carolina unfold in other states."

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Delayed Coal Ash Protections Put Public Health at Risk

Earthjustice

Environmental and public health groups announced their intent to sue the U.S. Environmental Protection Agency (EPA) in federal court Jan. 18 to force the release of long awaited public health safeguards against toxic coal ash. The EPA has delayed the first-ever federal protections for coal ash for nearly two years despite more evidence of leaking ponds, poisoned groundwater supplies and threats to public health.

Earthjustice, on behalf of Appalachian Voices (N.C.), Chesapeake Climate Action Network (Md.), Environmental Integrity Project, French Broad Riverkeeper (N.C.), Kentuckians For The Commonwealth (Ky.), Moapa band of Paiutes (Nev.), Montana Environmental Information Center (Mont.), Physicians for Social Responsibility, Prairie Rivers Network (Ill.), Sierra Club and Southern Alliance for Clean Energy (Tenn.), sent the EPA a notice of intent to sue the agency under the Resource Conservation and Recovery Act (RCRA). The law requires the EPA to ensure that safeguards are regularly updated to address threats posed by wastes. However, the EPA has never undertaken any action to ensure safeguards address the known threats posed by coal ash, a toxic mix of arsenic, lead, hexavalent chromium, mercury, selenium, cadmium and other dangerous pollutants that result from burning coal at coal-fired power plants.

A copy of the Notice of Intent to Sue letter sent to the EPA is available here.

Following a spill of more than a billion gallons of coal ash at a disposal pond in Harriman, Tenn., in December 2008, EPA Administrator Lisa Jackson announced in 2009 plans to set federal coal ash regulations by year’s end. In May 2010, the EPA proposed a hybrid regulation to classify coal ash either as hazardous or non-hazardous waste. After eight public hearings across the country and more than 450,000 public comments, the agency decided to delay finalizing the rule amid intense pressure from the coal and power industries.

The following video shows the devastating results of the Harriman, Tennessee coal ash spill:

Despite numerous studies showing the inadequacy of current federal coal ash safeguards to protect public health and the environment as well as documented evidence by the EPA and environmental groups showing coal ash poisoned aquifers and surface waters at 150 sites in 36 states, the EPA continues to fail to adopt federal safeguards. The Jan. 18 lawsuit would force the EPA to set deadlines for review and revision of relevant solid and hazardous waste regulations to address coal ash, as well as the much needed and overdue changes to the test that determines whether a waste is hazardous under RCRA.

“Politics and pressure from corporate lobbyists are delaying much needed health protections from coal ash,” said Earthjustice attorney Lisa Evans. “The law states that the EPA should protect citizens who are exposed to cancer-causing chemicals in their drinking water from coal ash. As we clean up the smokestacks of power plants, we can’t just shift the pollution from air to water and think the problem is solved. The EPA must set strong, federally enforceable safeguards against this toxic menace.”

“It’s well past time for the EPA to do something about this hazardous waste,” said Anne Hedges, program director of the Montana Environmental Information Center. “Our biggest coal ash ponds in Montana are leaking and have been leaking for decades.”

“For far too long the Tennessee Valley Authority has been allowed to ignore the dangers of coal ash, resulting in the 2008 Kingston disaster, one of the worst environmental catastrophes of our time,” said Josh Galperin, policy analyst and research attorney for Southern Alliance for Clean Energy. “Despite the lessons of Kingston and an explicit congressional mandate, coal ash continues to be unregulated by the EPA. We are taking action today to drive EPA to follow-through on its legal duty to protect Americans from this toxic waste.”

“Data on groundwater at coal ash disposal sites is now available, and the results in Illinois and many other states are grim,” said Traci Barkley, water resources scientist with Prairie Rivers Network. “State regulators found high levels of coal ash pollutants in groundwater at all 22 sites in our state. Seeing that our state’s rules have not protected our residents and our clean water, we need to know that the EPA will get the job done.”

“Right now our organization is involved in several lawsuits against old, leaking coal ash landfills in Maryland,” said Diana Dascalu-Joffe, staff attorney with Chesapeake Climate Action Network. “Dangerous coal ash is leaching into waterways that hurt the Chesapeake Bay and could be threatening the health of Maryland citizens. The EPA has a responsibility to issue a uniform, strong rule to address coal ash so groups like ours don’t have to fight to clean them up, facility by facility, at the state level.”

“With a state legislature bent on weakening the ability to protect public health, North Carolinians are calling on the EPA to demonstrate political leadership by providing strong and consistent federal guidelines for coal ash disposal and storage,” said Sandra Diaz, North Carolina campaign coordinator for Appalachian Voices.

“With many coal ash dumps located in populated areas, the public depends on the EPA to do everything possible to protect our health and keep our communities safe,” said Mary Love, member of Kentuckians For The Commonwealth. “We need strong standards so we can not only clean up communities that have already been poisoned but make sure these toxic chemicals never again leak into our homes and communities.”

“The EPA promised to set standards for coal ash disposal sites more than a decade ago,” said Eric Schaeffer, executive director at Environmental Integrity Project. “Are we going to have to wait for another disaster before EPA finally keeps that promise?”

“The toxic threat that coal ash poses to human health is severe,” said Dr. Maureen McCue, MD, PhD, of Physicians for Social Responsibility. “Coal ash contains contaminants that can cause cancer and can damage the intestines, liver, kidney, lungs, heart, peripheral nervous system and brain. It’s unthinkable that the EPA allows this toxic stew to get into drinking water. It doesn’t get much dirtier than this.”

“Our children are losing more than their health because of the power plants; they’re losing their culture, too,” said William Anderson, chairman of the Moapa Band of Paiutes in southeastern Nevada. “We used to hunt ducks and geese on our land—but no longer. The birds land in the coal wastewater ponds. We used to harvest medicinal plants, but not anymore. The plants have been contaminated over the years by the plant’s coal ash dust, soot and other pollutants.”

“Two of the nation's 49 high hazard coal ash dams sit on the banks of the French Broad River. These ponds pose a looming threat to the health and safety of the surrounding community, as well as the French Broad River,” said Hartwell Carson, French Broad Riverkeeper. “The dams also hold back toxic coal ash that pollutes the groundwater and surface water every day. It is time for the EPA to act to protect the French Broad River and the hundreds of similarly impacted rivers and communities around the country.”

“The EPA must act and they must act soon,” said Bruce Nilles, senior campaign director for the Sierra Club's Beyond Coal Campaign. “Millions of tons of toxic waste from coal plants—coal ash containing arsenic, lead, mercury and other dangerous pollution—are dumped across the country each year, often without basic safety protections. Even though the EPA has identified more than four dozen highly dangerous coal ash sites around the country they have still failed to safeguard the health and well being of those living near the dumping grounds. We urge the EPA to take definitive action to protect American families and communities.”

For more information, click here.

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