REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 357 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101190
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
IT SEEMS LIKELY THAT 75-95 PERCENT OF THE CL ADDED TO A MUD WILL BE
FIXED UPON THE MUD SOLIDS. THIS IS TRUE FOR CL CONCENTRATIONS OF
(SYMBOL OMITTED) 1 LB/BBL TO (SYMBOL OMITTED) 21 LBS/BBL OF BOTH CLAY
AND CLAY-BARITE SUSPENSIONS. THE MUD SOLIDS CL RATIO IS PARTICULARLY
PERTINENT IN EXTRAPOLATING THESE DATA TO ACTUAL MUD SYSTEMS. FOR A
GIVEN MUD, INCREASING THE SOLIDS DECREASES THE CL IN THE LIQUID PHASE.
THESE LABORATORY DATA SUGGEST THAT SOLIDS TO CL RATIOS FOUND IN THE
FIELD MUDS ONLY ABOUT 5 TO 25% OF THE CL WOULD BE AVAILABLE IN THE
FILTRATE. IF, FOR ILLUSTRATIVE PURPOSES, 10% OF THE CL IS ASSUMED TO BE
AVAILAELE, THE CONCENTRATIONS IN THE FILTRATES OF FIELD MUDS A THROUGH D
(TABLE V) WOULD RANGE FROM 24 PPM TO 6,675 PPM.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 358 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101191
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
DURING DRILLING, DISCHARGED MUD AND CUTTINGS PRODUCE A PLUME OF MUDDY
WATER THAN CAN BE DISTINGUISHED BY SURFACE OBSERVATIONS FOR A FEW
HUNDRED FEET DOWN CURRENT AND PRODUCE AN ACCUMULATION OF CUTTINGS ON THE
BOTTOM. IN THE GULF OF MEXICO AND ADJOINING COASTAL WATERS THIS
DISCHARGE APPEARS TO HAVE NO EFFECT ON MARINE LIFE. A FAVORITE LEISURE
ACTIVITY ON OFFSHORE PLATFORMS AND DRILLING RIGS IS FISHING, AND MANY
FISH ARE CAUGHT WITHIN A FEW FEET OF THE DISCHARGE POINTS. THERE ARE,
HOWEVER, BETTER DOCUMENTED OBSERVATIONS. TWO SEPARATE GROUPS OF
INVESTIGATORS HAVE TAKEN SAMPLES AND MADE VISUAL INSPECTIONS THROUGHOUT
THE WATER COLUMN DURING THE DISCHARGE OF CUTTINGS AND MUD. BOTH WERE
DONE IN THE GULF OF MEXICO.
RAY AND SHINN (1975) REPORTED ON 2 DAYS OF OBSERVATIONS MADE IN 1973
AT A PLATFORM OFF THE LOUISIANA COAST LOCATED IN 245 FEET OF WATER.
SCUBA DIVERS OBSERVED THE DISCHARGES FROM A DISCHARGE PIPE LOCATED 35
FEET BELOW THE WATER SURFACE AND COLLECTED NUMEROUS WATER SAMPLES AROUND
AND UP TO 60 YARDS FROM THE PLATFORM. AT EACH AREAL SAMPLING POINT,
SURFACE MID-DEPTH, AND NEAR BOTTOM SAMPLES WERE TAKEN. THESE WERE
RETURNED TO THE LABORATORY AND ANALYZED.
THE DIVERS OBSERVED NO ACUTE EFFECTS OF THE DISCHARGE ON MARINE
ORGANISMS IN THE WATER COLUMN. THE LIGHTER AND FINER MATERIALS WERE
SEEN TO RISE VERTICALLY, SPREAD HORIZONTALLY, AND DISPERSE IN THE
CURRENT. THE LARGER CUTTINGS FELL ALMOST STRAIGHT TO THE BOTTOM.
ENCRUSTING FORMS THAT GROW ON THE HARD SUBSTRATE AROUND THE PLATFORMS
APPEARED TO BE UNAFFECTED BY THE DISCHARGES. BARNACLES WERE LIVING NOT
ONLY ON AND BENEATH THE DOWNPIPE BUT ACTUALLY INSIDE IT WHERE THEY WOULD
BE MOST AFFECTED BY THE DISCHARGES.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 359 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101192
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
THE SAMPLING LOCATIONS AND ANALYTICAL RESULTS ARE SHOWN IN TABLE VII.
MEASUREMENTS INCLUDED ALKALINITY, TOTAL DISSOLVED SOLIDS, TOTAL
SUSPENDED SOLIDS, TOTAL ORGANIC CARBON, AND TOTAL SUSPENDED SOLIDS
MEASUREMENTS CLEARLY INDICATE THE PRESENCE OF MUD. THESE DATA APPEAR TO
HAVE DETECTED SOME VERY SMALL AMOUNT OF MUD (DILUTED AT LEAST SEVERAL
ORDERS OF MAGNITUDE) MIXED WITH SEA WATER 30 YARDS EAST AND WEST OF THE
PLATFORM. NO MUD COULD BE DETECTED AT THE CLOSEST LOCATIONS NORTH AND
SOUTH OF THE DISCHARGE POINT. OBVIOUSLY VERY RAPID SETTLING AND/OR
DISPERSION AND DILUTION HAD TAKEN PLACE. MATHEMATICAL MODELING AS
REPORTED BY RAY AND SHINN (1975) HAD PREDICTED THE RAPID DILUTION OF MUD
DISCHARGES IN SEA WATER. IN ADDITION TO INITIAL CONVECTIVE MIXING,
CURRENTS PLAY A LARGE ROLE IN DISPERSION AND DILUTION. THEIR LARGE
SCALE MOVEMENT SPEEDS UP DIFFUSION (PROBABLY AIDED BY CONTINUED
CONVECTION).
A THEORETICAL DILUTION RATIO, RD, (THE VOLUME FRACTION OF SEA WATER
DIVIDED BY THAT OF THE DISCHARGED FLUID AT A PARTICULAR TIME AND PLACE)
FOR STEADY STATE DIFFUSION FROM A POINT SOURCE (SUCH AS A DISCHARGE
PIPE) CAN BE CALCULATED. RAY AND SHINN (1975) PRESENTED SUCH RESULTS
FOR STEADY STATE DISCHARGES OF MUD AT 40 AND 250 BBL/HR (FIGURES 1 AND
2, RESPECTIVELY) WITH AMIXING DEPTH OF 245 FEET AND A CURRENT OF 0.29
KNOT (0.5 FT/SEC). FIGURE 1 SHOWS THAT AT 40BBL/HR (BELIEVED TO BE
TYPICAL DURING DRILLING) THE DILUTION RATIO PERPENDICULAR TO THE
CURRENT, WOULD REACH 1,000 TO 1 AT ABOUT 2 FEET FROM THE DISCHARGE
POINT. EVEN DOWN CURRENT THE PREDICTED DILUTION IS 100 TO 1 ONLY 50
FEET FROM THE DISCHARGE POINT AND 1,000 TO 1 AT A LITTLE MORE THAN 1,000
FEET.
THESE THEORETICAL DILUTIONS MAY BE CONSERVATIVE, AS RAY AND SHINN
(1975) DETECTED NO MUD IN WATER SAMPLES COLLECTED AT MANY LOCATIONS ONLY
90 FEET FROM THE DISCHARGE POINT.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 360 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101193
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE VII
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 361 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101194
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
FIGURE 1. DILUTION RATIOS AT 40 BBL/HR (FROM RAY AND SHINN, 1975)
FIGURE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 362 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101195
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
FIGURE 2. DILUTION RATIOS AT 250 BBL/HR (FROM RAY AND SHINN, 1975)
TABLE OMITTED.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 363 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101196
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
ZINGULA (1975) OBSERVED THE DISCHARGE OF MUD AND CUTTINGS AT A SOUTH
TIMBALIER BLOCK 54 PLATFORM. HE TOOK SURFACE SAMPLES OF WATER AT THE
DISCHARGE POINT, 300 FEET UPSTREAM, AND 300 FEET AND 660 FEET DOWNSTREAM
(THE FARTHEST VISIBILTY MUDDY POINT). HE ALSO TOOK SAMPLES 30 FEET
BELOW THE SURFACE AT THE DISCHARGE POINT AND 300 TO 660 FEET DOWNSTREAM.
TABLE VIII SHOWS THESE SAMPLING LOCATIONS AND THE LABORATORY ANALYSES
OF THE WATER.
AT 660 FEET DOWNSTREAM THE SUSPENDED SOLIDS CONTENT WAS AT BACKGROUND
LEVELS (SYMBOL OMITTED)(5 PPM) FOR GULF OF MEXICO WATER. EVEN 300 FEET
DOWNSTREAM ONLY TRACES OF MUD COULD BE FOUND (40 PPM SUSPENDED SOLIDS).
FROM THE PLATFORM THE MUDDY WATER COULD BE CLEARLY SEEN ON THE SURFACE
ABOVE THE DISCHARGE POINT. HOWEVER, THE SUSPENDED SOLIDS CONTENT AT
THAT POINT WAS 278 PPM, WHILE THAT OF THE MUD BEING DISCHARGED WAS
350,000 PPM (JUST BELOW THE SHALE SHAKER). THIS INDICATES THAT THE MUD
SOLIDS HAD ALREADY BEEN DILUTED BY 1,000 VOLUMES OF SEA WATER WHILE
RISING TO THE SURFACE AND NEARLY TEN THOUSANDFOLD WHILE MOVING 300 FEET
DOWNSTREAM. THESE OBSERVATIONS ALSO INDICATE THAT THE ACTUAL DILUTIONS
WERE GREATER THAN CALCULATED BY THE DISPERSION MODEL.
ZINGULA OBSERVED NO ADVERSE EFFECTS ON FISH OR OTHER ORGANISMS IN THE
WATER COLUMN DURING THIS SAMPLING. DURING PREVIOUS STUDIES IN OCTOBER,
1971, HE OBSERVED, PHOTOGRAPHED, AND SAMPLED CUTTINGS ACCUMULATED UNDER
A DRILLING RIG IN SOUTH TIMBALIER BLOCK 111 IN 80 FEET OF WATER. HE
OBSERVED CRABS AND GASTROPODS DIGGING IN THE CUTTINGS PILE, WHILE
GROUPERS AND RED SNAPPERS WERE NOSING IN THE PILE, UNDISTURBED BY THE
CHIPS STILL FALLING THROUGH THE WATER. SOME FISH WOULD EVEN TAKE
CUTTINGS CHIPS IN THEIR MOUTHS, ONLY TO SPIT THEM OUT WHEN THEY
DISCOVERED THEY WERE NOT EDIBLE.
ZINGULA CONSIDERS THE SCENES SHOWN IN FIGURES 3 AND 4 TYPICAL.
FIGURE 3 SHOWS THE "NORMAL" SANDY MUD BOTTOM UNDER THE RIG, HIGHLY
BURROWED AND DISPLAYING SMALL MOLLUSK FRAGMENTS. THE HOLE IN THE MOUND
IN THE CENTER OF THE PHOTOGRAPH IS APPROXIMATELY 3 INCHES ACROSS.
FIGURE 4 SHOWS THE CENTER OF THE CUTTINGS PILE.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 364 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101197
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE VIII
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 365 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101198
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
FIGURE 3. NORMAL SEA BOTTOM (80 FOOT DEPTH) UNDER THE DIXILYN 10
RIG, SOUTH TIMBALIER BLOCK III. (FROM ZINGULA, 1975).
FIGURE OMITTED
FIGURE 4. CENTER OF THE AREA OF CUTTINGS ACCUMULATION (FROM ZINGULA,
1975)
FIGURE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 366 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101199
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
THERE IS A SMALL FISH AT REST ON THE CLEARLY DISCERNIBLE CUTTINGS IN
THE CENTER OF THE PHOTOGRAPH, AND OTHER FISH ARE SWIMMING IN THE
BACKGROUND. WITH THE 15 INCH CLOSE UP LENS USED. THE HORIZONTAL FIELD
OF VIEW IS ABOUT 12 INCHES AT THE DISTANCE OF THE SMALL FISH.
EVIDENCE EXISTS THAT FREE SWIMMING ORGANISMS ARE NOT REPELLED BY
MUDDY DISCHARGES. LAWRENCE AND SCHERER (1974) GAVE LAKE WHITEFISH AND
RAINBOW TROUT FREE ACCESS TO BOTH CLEAN WATER AND WATER CONTAINING 1,000
MICROLITERS OF MUD PER LITER OF SOLUTION (1,000 PPM). THE WHITEFISH
SPENT MORE THAN 90% OF THEIR TIME IN THE MUDDY WATER; AND THE RAINBOW
TROUT, 60%.
THE STUDIES DISCUSSED ABOVE SHOW THAT ANY MUD AND INCLUDED TOXIC
MATERIALS DISCHARGED WHILE DRILLING WOULD BE RAPIDLY DISPERSED AND
DILUTED TO INNOCUOUS LEVELS. NO ADVERSE OR ACUTE EFFECTS ON ORGANISMS
HAVE BEEN OBSERVED IN THE WATER COLUMN, AND BECAUSE OF RAPID DILUTION
NONE SHOULD BE EXPECTED.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 367 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101200
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
NO ONE HAS AS YET MEASURED THE DISPERSION AND DILUTION OF DISCHARGING
BULK MUD, I.E., LARGE VOLUMES OF MUD, USUALLY DONE AFTER SETTING SURFACE
CASINGS AND COMPLETING WELLS. UNTIL THIS CAN BE DONE, SOME INSIGHT AS
TO THE EFFECTS CAN BE GAINED BY (1) EXAMINING THE AVAILABLE LABORATORY
BIOASSAY DATA TO IDENTIFY ANY TOXIC COMPOUNDS IN THE MUD AND ESTABLISH
THEIR TOXIC LEVELS, (2) ESTIMATING THE CONCENTRATIONS OF THESE COMPOUNDS
IN SPECIFIC EXAMPLES OF FIELD MUDS TO FIND THE PROBABLE TOXICITY OF THE
UNDILUTED MUD, AND (3) ESTIMATING THE PROBABLE DILUTION OF THE FIELD MUD
WITH WATER AFTER DISCHARGE TO EVALUATE THE POSSIBLE ENVIRONMENTAL
IMPACT.
BIOASSAYS SHOW HOW ORGANISMS ARE AFFECTED BY MATERIALS. THE
ORGANISMS ARE PLACE IN SOLUTIONS OF THE MATERIAL AND THEIR CONDITION
MONITORED WITH TIME. ONE INDICATOR OF TOXICITY IS THE CONCENTRATION OF
THE TEST MATERIAL REQUIRED TO KILL 50% OF THE TEST ORGANISMS (OR THAT
ALLOWS 50% TO SURVIVE) IN A GIVEN TIME. THUS, MEDIAN TOLERANCE LEVELS
(TL50) ARE REPORTED FOR 24 OR 96 HOURS. IN GENERAL, FOR NONVOLATILE
MATERIALS, TOLERANCE LEVELS ARE HIGH FOR SHORT TIMES BUT DECREASE
RAPIDLY.
LABORATORY BIOASSAY TESTS ARE OF VALUE IN COMPARING THE TOXICITY OF A
GIVEN MATERIAL TO VARIOUS SPECIES OF ORGANISMS OR COMPARING TOXICITIES
OF VARIOUS MATERIALS TO A GIVEN ORGANISM. THESE TOXICITY DATA CANNOT BE
RELATED TO NATURAL CONDITIONS (SUCH AS DRILLING MUD DISCHARGE) BECAUSE
THEY DO NOT CONSIDER DISPERSION AND DILUTION, SHORT EXPOSURE TIME, AND
AVOIDANCE OF TOXICANT BY MOBILE ORGANISMS.
THE FOLLOWING DISCUSSION REVIEWS THE TOXICITIES OF DRILLING MUD
COMPONENTS AND WHOLE DRILLING FLUIDS AND THEIR RELATION TO DRILLING
DISCHARGE CONDITIONS.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 368 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101201
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE IX LISTS BIOASSAY DATA FOR MANY OF THE COMPONENTS OF DRILLING
MUDS. THE PRINCIPAL SOLID COMPONENTS, BENTONITE AND BARITE (BASOR), ARE
INSOLUBLE, INERT, AND NONTOXIC AND SHOULD NOT AFFECT MARINE LIFE.
INVESTIGATORS HAVE BEEN UNABLE TO ADD ENOUGH BARITE OR BENTONITE TO A
TEST SOLUTION TO ESTABLISH THROUGH BIOASSAYS A MEDIAN TOLERANCE LEVEL
FOR THESE MATERIALS. IN SOME ENVIRONMENTAL STATEMENTS FOR OCS OFFSHORE
LEASE SALES, COMMENTS APPEAR THAT BARIUM IN DRILLING MUDS PRESENTS A
SERIOUS BUT AS YET UNDETERMINED THREAT TO AQUATIC IFE BECAUSE IT IS
KNOWN THAT BARIUM COMPOUNDS HAVE A SEVERE, ALMOST STERLIZING EFFECT ON
PLANT AND ANIMAL LIFE IN THE SOIL. THIS STATEMENT DOES NOT INDICATE THE
BARIUM COMPOUNDS OR THEIR CONCENTRATIONS, BUT THEY CANNOT BE REFERRING
TO BARIUM SULFATE (BARITE). A NUMBER OF BARIUM COMPOUNDS HAVE HIGH
SOLUBILITIES IN WATER (BARIUM CHLORIDE, 390,000 PPM AT 0 DEGREES C;
BARIUM CHLORATE, 200,000 PPM AT 0 DEGREES C; BARIUM TETRASULFIDE,
410,000 PPM AT 15 DEGREES C). BARITE (BARIUM SULFATE) USED IN DRILLING
MUDS IS VERY INSOLUBLE (0.03 PPM IN SEA WATER AT 25 DEGREES C). THIS IS
30 TIMES LESS THAN THE 1.0 PPM ALLOWED IN PUBLIC DRINKING WATER SYSTEMS.
BARITE IS ALSO USED BY PHYSICIANS AS AN OPAQUE SLURRY IN RADIOGRAPHY
DIAGNOSIS AND IS NONPOISONOUS. THUS, BARITE DISCHARGE WITH DRILLING
MUDS IS A NONTOXIC SUBSTANCE.
ALSO NONE OF THE OTHER INORGANIC CHEMICALS COMMONLY USED IN MUD CAN
BE CONSIDERED TOXIC EITHER. SODIUM CARBONATE, SODIUM BICARBONATE, AND
SODIUM ACID PYROPHOSPHATE ARE ADDED TO REACT WITH CALCIUM IONS WITH
CALCIUM IONS WHICH ENTER THE MUD. THESE CHEMICALS REACT TO FORM THE
INERT SOLIDS, CALCIUM CARBONATE OR A CALCIUM PHOSPHATE. SODIUM
HYDROXIDE IS ADDED IN CONSIDERABLE QUANTITY OVER THE LIFE OF THE WELL TO
CONTROL PH. THE HYDROXIDE ION IMMEDIATELY REACTS WITH HYDROGEN IONS,
EFFECTIVELY NEUTRALIZING THE CAUSTIC. AT PH 10, USUAL FOR
LIGNOSULFONATE MUDS, THE HYDROXIDE ION CONCENTRATION IS ONLY 1.7 PPM,
EQUIVALENT TO ABOUT 4 PPM OF SODIUM HYDROXIDE. UPON DISCHARGE THE SMALL
AMOUNT OF UNREACTED SODIUM HYDROXIDE IMMEDIATELY DILUTES AND/OR FURTHER
REACTS WITH SEA WATER AND IS NEUTRALIZED.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 369 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101202
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE IX
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 370 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101203
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
IT IS NOT SURPRISING THAT NO MEDIAN TOLERANCE LEVELS (96 HR TL50)
COULD BE ESTABLISHED FOR BARITE OR BENTONITE, THE MAIN SOLIDS ADDED TO
DRILLING MUDS. TO BE EFFECTIVE THESE SOLIDS MUST BE INERT, SO THEY
SHOULD NOT AFFECT MARINE LIFE AS LONG AS THERE IS SUFFICIENT FLUID FOR
NORMAL SWIMMING AND/OR BREATHING.
OF MOST CONCERN ARE MATERIALS THAT DISSOLVE IN THE LIQUID PHASE OF
THE MUD AND BECOME PART OF THE FILTRATE. THE MOST COMMON OF THESE ARE
CHROME LIGNOSULFONATES, LIGNITES, AND SODIUM HYDROXIDE. SMALL AMOUNTS
OF SODIUM ACID PYROPHOSPHATE, SODIUM CARBONATE, OR SODIUM BICARBONATE
ALSO MIGHT BE ADDED TO REMOVE CALCIUM. CHROMIUM SALTS MAY BE ADDED IN
EXTREMELY DEEP (HIGH TEMPERATURE) WELLS. ORGANIC SPECIALTY PRODUCTS
MIGHT BE USED TO COMBAT FOAMING, CORROSION, OR BACTERIAL GROWTH.
ORGANIC SPECIALTY PRODUCTS, IF PRESENT AT ALL, ARE LIKELY TO BE AT
VERY LOW CONCENTRATIONS (A FEW PPM). HOWEVER, SOME SUCH PRODUCTS CAN BE
QUITE TOXIC (IN FACT, BACTERICIDES MUST BE), SO THEY ARE USED ONLY FOR
SPECIFIC WELL PROBLEMS. WHEN DISCHARGED, CONCENTRATIONS ARE QUICKLY
LOWERED BY DILUTION TO LEVELS WHERE THEY CAN BE RAPIDLY BIODEGRADED
(GAWE) AND AND HUDDLESTON, 1972).
OF THE MATERIALS ADDED TO DRILLING MUDS IN APPRECIABLE QUANTITIES,
THE TOXICITIES OF THE FERROCHROME AND CHROME LIGNOSULFONATES (WHEN
TESTED AS INDIVIDUAL COMPONENTS) APPEAR TO BE THE HIGHEST. AS SHOWN IN
TABLE IX, REPORTED 96 HR TL50 VALUES FOR AQUEOUS SOLUTIONS OF THESE
COMPONENTS RANGE FROM 465 TO 12,200 PPM. TEST ORGANISMS INCLUDED WHITE
SHRIMP, RAINBOW TROUT, AND SAILFIN MOLIES, SO SOME OF THE VARIATION
PROBABLY REPRESENTS DIFFERING SENSITIVITIES OF THE TEST ORGANISMS.
AS DISCUSSED PREVIOUSLY, MOST OF THE LIGNOSULFONATE IS FIRMLY
ADSORBED ON CLAYS AND BARITE AND IS NOT READILY AVAILABLE TO PLANTS OR
ANIMALS. THE ADSORBED LIGNOSULFONATE MIGHT BE RELEASED SLOWLY AS THE
MUD IS DILUTED UPON DISCHARGE OR RESIDING ON THE BOTTOM SEDIMENTS.
HOWEVER, RAPID DILUTION OF ANY OF THE DESORBED MATERIAL SHOULD EASILY
KEEP CONCENTRATIONS IN WATER VERY LOW.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 371 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101204
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
FERROCHROME OR CHROME LIGNOSULFONATES IN THE UNDILUTED LIQUID PHASE
OF THE DRILLING MUD SHOULD NOT APPRECIABLY EXCEED THE 96 HR TL50 VALUES
REPORTED ABOVE. TABLE VI REPORTS THE CL CONCENTRATIONS IN THE FILTRATES
OF LABORATORY PREPARED DRILLING MUDS TO RANGE FROM 72 TO 4,864 PPM.
CONCENTRATIONS OF LIGNOSULFONATES IN THE FILTRATE (LIQUID PHASE), FOR
THE 4 FIELD MUDS PREVIOUSLY DISCUSSED, ARE ESTIMATED TO RANGE FROM 24 TO
6,675 PPM (TABLE V). THE HIGHER VALUES ARE LIKELY WHEN DRILLING BELOW
7,000 FEET. THE FILTRATE LIGNOSULFONATE CONCENTRATIONS (MEASURED) FOR
THE LABORATORY PREPARED DRILLING MUDS AND ESTIMATED CONCENTRATIONS FOR
FIELD MUDS ARE COMPARABLE TO THE 96 HR TL50 CONCENTRATIONS FOR THESE
COMPOUNDS REPORTED IN TABLE IX. WITH DILUTION, LITTLE OR NO DETRIMENTAL
ENVIRONMENTAL IMPACE WOULD RESULT FROM DISCHARGE OF WHOLE MUDS AT
COASTAL OR OFFSHORE WELL LOCATIONS.
SUBSTANTIATION OF THE RELATIVELY LOW TOXICITIES OF WHOLE DRILLING
MUDS IS REPORTED BY FALK AND LAWRENCE (1974) AND LAWRENCE AND SCHERER
(1974). THEY CONDUCTED BIOASSAY TESTS USING ACTUAL LIGNOSULFONATE
DRILLING FLUIDS (TABLE X). THE 96 HR TL50 LEVELS RANGED FROM 8,300 PPM
TO 120,000 PPM (BY VOLUME). PARTIAL LISTS OF THE MATERIALS ADDED TO
THESE SPECIFIC MUDS ARE GIVEN IN THEIR REPORTS BUT NOT MUD PROPERTIES OR
SYSTEM VOLUMES; THEREFORE NO ESTIMATE OF THE LIGNOSULFONATE
CONCENTRATIONS CAN BE MADE.
AS NOTED EARLIER, OBSERVED VERY HIGH DILUTIONS OF MUD DISCHARGED
DURING NORMAL DRILLING MAY HAVE BEEN GREATER THAN THE CALCULATED VALUES.
VERY LIKELY THE SAME WOULD OCCUR FOR BULK MUD. THE OBSERVATIONS OF
ZINGULA (1975) AND RAY AND SHINN (1975) SUGGESTS THAT POSSIBLE TOXICITY
SHOULD EXIST TO ONLY A FEW FEET FROM THE DISCHARGE POINT AND THEN ONLY
DURING DISCHARGE (A FEW HOURS).
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 372 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101205
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE X
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 373 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101206
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
WITH THE EXCEPTION OF LIGNOSULFONATES, LIGNITES, TANNINS, AND SPECIAL
ORGANIC ADDITIVES, THE REMAINING MATERIALS IN DRILLING FLUIDS ARE
NATURAL. THE MONTMORILLONITE CLAY (BENTONITE) IS THE SAME AS THAT
FORMED IN THE WEATHERING OF SOILS AND DISCHARGED CONTINUOUSLY TO THE
OCEANS. BARITE IS A NATURAL MINERAL AS ARE MOST OF THE INORGANIC
CHEMICALS. THE CUTTINGS ARE SEDIMENTARY ROCKS DEPOSITED THROUGH
GEOLOGICAL TIME AND ARE VERY SIMILAR IN MINERALOGICAL COMPOSITION TO
SEDIMENTS ADDED BY NATURE TO THE WORLD OCEANS NOW AND IN THE PAST.
ALSO, THE VOLUME OF CUTTINGS AND DRILLING FLUIDS DISCHARGED IS EXTREMELY
SMALL WHEN COMPARED WITH SOLIDS VOLUMES BEING DISCHARGED BY RIVERS.
CURRENTS AND WAVES, PARTICULARLY DURING STORMS, CAUSE TREMENDOUS AMOUNTS
OF RESUSPENSION AND MOVEMENT OF BOTTOM SEDIMENTS.
HOLEMAN (1968) CONSIDERS THAT ONE THIRD OF THE LAND SURFACE IS
CONTRIBUTING WATERBORNE SEDIMENT TO THE SEAS, AND HE ESTIMATES THAT THE
WORLD'S RIVERS CONTRIBUTE 20 BILLION TONS OF SEDIMENT TO THE SEA EACH
YEAR. THE MISSISSIPPI RIVER CONTRIBUTES AN ANNUAL AVERAGE SUSPENDED
LOAD OF 344 MILLION TONS OF SEDIMENT, THE COLORADO RIVER 149 MILLION
TONS, AND THE EEL RIVER IN NORTHERN CALIFORNIA 33 MILLION TONS.
FIGURE 5 IS AN ERTS PHOTOGRAPH OF THE MISSISSIPPI RIVER DELTA AREA
TAKEN JANUARY 16, 1973. THIS PICTURE SHOWS AN AREA 115 MI ON A SIDE,
WITH THE CITY OF NEW ORLEANS IN THE UPPER LEFT QUADRANT AND THE SEVERAL
MOUTHS OF THE MISSISSIPPI RIVER IN THE RIGHT CENTER OF THE PICTURE. THE
VERY MUDDY WATER OF THE MISSISSIPPI MIXES WITH THE GULF WATERS,
PRODUCING A LIGHT COLORED AREA ON THE PHOTO. AS IS CLEARLY SHOWN, THIS
MUDDY WATERS PLUME EXTENDS OUTWARD FOR MORE THAN 20 MI, DOCUMENTING THE
LARGE AMOUNT OF SEDIMENT DISCHARGE. RIVER FLOW AND SEDIMENT DISCHARGE
BY THE MISSISSIPPI ARE EVEN HIGHER AT OTHER TIMES OF THE YEAR,
PARTICULARLY IN THE SPRING MONTHS. THE AVERAGE MISSISSIPPI RIVER
DISCHARGE IS ABOUT 1 MILLION TONS PER DAY. AS SHOWN EARLIER IN TABLE 1,
A WELL DRILLED IN THE GULF OF MEXICO MIGHT TAKE 150 DAYS TO REACH 20,000
FEET AND WOULD CONTRIBUTE ABOUT 18,500 CU FEET OR ALMOST 1,500 TONS OF
CUTTINGS OVER THE PERIOD OF DRILLING, OR ABOUT 10 TONS/DAY AVERAGE.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 374 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101207
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
THE MISSISSIPPI DISCHARGE IS FAIRLY CONSTANT WITH TIME, WHEREAS SOME
RIVERS IN SEMI-ARID AREAS SUCH AS SOUTHERN CALIFORNIA SHOW MARKED
SEASONAL VARIATIONS. FOR EXAMPLE, DRAKE ET AL. (1972) CITE THE TOTAL
DISCHARGE OF SEDIMENT FROM THE SANTA CLARA RIVER FOR 1969 AS 50 MILLION
METRIC TONS. HOWEVER, 22 MILLION METRIC TONS (44%) OF THIS WERE
RECORDED ON FEBRUARY 25, 1969 DURING A FLOOD PERIOD. THIS RESULTED IN
THE DEPOSITION OF SEDIMENT RANGING FROM 1 TO 15 CM IN PORTIONS OF THE
EASTERN SANTA BARBARA CHANNEL. THESE SEDIMENTS WERE LATER REDISTRIBUTED
OVER LARGER AREAS.
ANOTHER EXAMPLE OF DISCHARGE FROM MUCH SMALLER RIVERS IS SHOWN IN
FIGURE 6. THIS ERTS PHOTOGRAPH MADE ON APRIL 24, 1973 SHOWS SEDIMENT
DISCHARGE FROM THE EEL RIVER AND OTHER MINOR RIVERS IN NORTHERN
CALIFORNIA. WHILE NOT AS DRAMATIC AS AT THE MISSISSIPPI DELTA, THE
MUDDY WATER PLUMES FROM THESE WEST COAST RIVERS ARE CLEARLY VISIBLE AS
LIGHTER AREAS ON THE PHOTOGRAPH, AND THEY EXTEND A FEW MILES OFFSHORE.
LONGSHORE CURRENTS DISTRIBUTE THE SEDIMENTS FOR LONG DISTANCES ALONG THE
COAST. MOST OF THE SEDIMENTS SHOWN IN THE OFFSHORE WATERS IS FROM THESE
RIVERS BUT MAY ALSO INCLUDE RESUSPENSION OF BOTTOM SEDIMENTS AND
NEARSHORE MATERIALS.
SEDIMENT TRANSPORT ON THE CONTINTAL SHELF IS DIFFICULT TO CALCULATE
BUT IS KNOWN TO BE VERY HIGH. THUS, THE CONTRIBUTION OF DRILLING FLUID
AND CUTTINGS TO COASTAL AND CONTINENTAL SHELF WATERS IS EXTREMELY MINOR
COMPARED TO SIMILAR SEDIMENTS CONTRIBUTED BY RIVERS AND BY RESUSPENSION
AND TRANSPORT OF BOTTOM SEDIMENTS.
OTHER MAN INDUCED EFFECTS INCLDE DREDGING, DISTURBANCE, AND
RESUSPENSION OF THE SEA FLOOR BY BOTTOM TRAWLS FOR FISH AND SHELLFISH.
IF 700 WELLS ARE DRILLED IN OFFSHORE AND COASTAL WATERS EACH YEAR, TOTAL
SOLIDS (CUTTINGS AND DRILLING FLUIDS) WOULD BE LESS THAN 2% OF THE 38.5
MILLION TONS OF DREDGE SPOILS, MOSTLY FROM CHANNEL AND HARBOR
DEVELOPMENT, DUMPED IN U.S. COASTAL WATERS IN 1968.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 375 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101208
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
EVEN THOUGH MUD AND CUTTINGS DISPOSAL DO NOT ACUTELY AFFECT THE
ENVIRONMENT, THERE REMAINS THE QUESTION OF LONG TERM ADVERSE EFFECTS.
OBSERVATIONS IN THE GULF OF MEXICO AND ADJACENT COASTAL WATERS AND THE
SANTA BARBARA CHANNEL HAVE DETECTED NO LONG TERM ADVERSE EFFECTS.
DRILLING MUD CANNOT BE DETECTED IN BOTTOM SEDIMENTS, EVEN IMMEDIATELY
AFTER DRILLING. ZINGULA (1975) COULD NOT DETECT MUD SOLIDS IN THE
BOTTOM SEDIMENTS AT LOCATIONS IN THE GULF OF MEXICO EITHER DURING
DRILLING OR 8 MO AFTERWARD (AT ANOTHER WELL). THIS IS REASONABLE, AS
THE SMALL PARTICLES OF BARITE AND CLAYS SHOULD BE CARRIED MUCH FARTHER
BY THE WATER CURRENTS THAN THE LARGER SIZED CUTTINGS. WILLIAM AND JONES
(1975) ESTIMATED THAT 75% OF THE BARITE PARTICLES DISCHARGED INTO 65
FOOT OF WATER WITH A O.3 KNOT CURRENT (AVERAGE FOR THE LOUISIANA
OFFSHORE PRODUCING AREA) WOULD BE CARRIED 1 MILE. THE CLAYS WOULD BE
CARRIED FURTHER.
OBSERVATIONS CONFIRM THE EXPECTATION THAT THESE NONTOXIC, INERT MUD
SOLIDS MIXING WITH MUCH LARGER AMOUNTS OF NORMAL SEA BOTTOM SEDIMENTS DO
NOT AFFECT BOTTOM DWELLING ORGANISMS. HEALTHY BOTTOM DWELLING
COMMUNITIES HAVE BEEN OBSERVED IN THE MUDDY SEDIMENTS SURROUNDING A WELL
SITE DURING DRILLING AND YEARS AFTERWARD (ZINGULA, 1975; FARRELL,
1975).
DURING DRILLING, INDIVIDUAL CUTTINGS DRIFT DOWN AND FORM A PILE
BENEATH THE DISCHARGE PIPE. AS STATED EARLIER (ZINGULA, 1975), THE
CUTTINGS PILES UNDER WELLS IN THE GULF OF MEXICO ARE TYPICALLY ABOUT 3
FT HIGH WHEN NEW AND 150 FT IN DIAMATER. THEIR AREAL OUTLINES ARE
CIRCULAR, ELONGATE, OR STARBURST, DEPENDING UPON THE BOTTOM CURRENTS.
SIDESCAN SONAR RECORDS FROM THE GULF OF MEXICO AND SANTA BARBARA
CHANNEL SHOW THAT SEVERAL MONTHS AFTER DRILLING IS COMPLETED THE
CUTTINGS PILES ARE LESS THAN 6 INCHES (THE RESOLUTION OF THE EQUIPMENT)
ABOVE SEE BOTTOM. THIS MEANS THAT NATURAL FORCES DESTROY THE PILES
FAIRLY RAPIDLY.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 376 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101209
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
IN THE GULF WHEN DIVERS EXAMINED ONE SUCH PILE 8 1/2 MO AFTER
DRILLING WAS COMPLETED THE CUTTINGS WERE COVERED WITH A THIN LAYER OF
UNCONSOLIDATED SEDIMENT, AS WAS THE SURROUNDING SEA BOTTOM. THE
INDIVIDUAL CUTTINGS WERE STILL PRESENT BUT WERE SOMEWHAT ROUNDED BY
SWELLING OF THE CLAYS AND/OR ABRASION BY CURRENTS. CLAY CHIPS SHOWED
BROWNISH OXIDATION STAINS, INDICATING THAT THEY ARE WEATHERING AND WILL
NOT LONG RETAIN THEIR IDENTITIES. FARRELL (1975) OBSERVED CUTTINGS
PILES DURING THE GULF UNIVERSITIES RESEARCH CONSORTIUM (GURC) OFFSHORE
ECOLOGY INVESTIGATION IN TIMBALIER BAY AND OFFSHORE LOUISIANA. HE
BELIEVES THAT WEATHERING IS ESSENTIALLY COMPLETE IN 10 YEARS.
ORGANISMS IMMEDIATELY POPULATE THESE CUTTINGS PILES AND ESTABLISH
HEALTHY COMMUNITIES. ZINGULA (1975) OBSERVED CRABS AND GASTROPODS
DIGGING AND GROUPERS AND RED SNAPPERS NOSING IN A PILE EVEN WHILE THE
CHIPS WERE STILL FALLING THROUGH THE WATER. A MULTITUDE OF BURROWS AND
INFAUNA INDICATED A HEALTHY BENTHIC COMMUNITY IN A CUTTINGS PILE 8 1/2
MO OLD. THE FINDINGS OF FARRELL (1975) SUGGEST THAT HEALTHY COMMUNITIES
EXIST AT DRILLING SITES IN COASTAL AREAS (TIMBALIER BAY) AND IN THE GULF
OF MEXICO AFTER 10 YEARS. IN THIS SOUTH TIMBALIER AREA ZINGULA (1976)
ALSO OBSERVED MANY ORGANISMS GROWING ON THE PLATFORM STRUCTURAL MEMBERS,
AND FISH WERE CONGREGATED THERE (FIGURES 7 AND 8). THERE HAS BEEN
SIMILAR EXPERIENCE IN CALIFORNIA. HAUSER (1974) DESCRIBED THE PROLIFIC
GROWTH OF ORGANISM NOW UNDER PLATFORM HILDA INSTALLED IN THE SANTA
BARBARA CHANNEL.
THE EVIDENCE IS VERY CLEAR. DISCHARGE OF CUTTINGS AND/OR DRILLING
MUDS UNDER PRESENT DRILLING PRACTICES DO NOT CAUSE EITHER SHORT- OR
LONG-TERM DAMAGE TO MARINE ORGANISMS AT COASTAL OR OFFSHORE LOCATIONS.
THE ENVIRONMENTAL IMPACT OF CUTTINGS AND MUD DISCHARGES IS NEGLIGIBLE.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 377 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101210
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
APPENDIX TABLE A-1
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 378 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101211
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
APPENDIX TABLE A-2
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 379 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101212
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
APPENDIX TABLE A 3
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 380 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101213
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
APPENDIX TABLE A 4
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 381 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101214
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
CHESSER, B. G., AND MCKENZIE, W.H., "USE OF A BIOASSAY TEST IN
EVALUATING THE TOXICITY OF DRILLING FLUID ADDITIVES ON GALVESTON BAY
SHRIMP, PRESENTED AT THE CONFERENCE ON ENVIRONMENTAL ASPECTS OF CHEMICAL
USE IN WELL DRILLING OPERATIONS, SPONSORED BY ENVIRONMENTAL PROTECTION
AGENCY'S OFFICE OF TOXIC SUBSTANCES, HOUSTON, TEXAS, MAY 21-23, 1975.
COUNCIL ON ENVIRONMENTAL QUALITY, "OCEAN DISCHARGE A NATIONAL
POLICY," A REPORT TO THE PRESIDENT PREPARED BY THE COUNCIL ON
ENVIRONMENTAL QUALITY, U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON,
D.C., X-45, 1970.
DAUGHERTY, F.M., "EFFECTS OF SOME CHEMICALS USED FOR OIL WELL
DRILLING ON MARINE ANIMALS," SEW. IND. WASTE, VOL. 23, PP. 1282-1287,
1951.
DRAKE, D.E., KOLPACK, R.L., AND FISCHER, P.J., "SEDIMENT TRANSPORT ON
THE SANTA BARBARA OXNARD SHELF, SANTA BARBARA CHANNEL, CALIFORNIA,"
SHELF SEDIMENT TRANSPORT PROCESS AND PATTERN, EDITED BY D.J.P. SWIFT,
DOWDEN, HUTCHINSON, AND ROSS, INC., STROUDSBURG, PP. 307.331, 1972.
DRILLING FLUIDS FILE, WORLD OIL, PP. 53-80, JANUARY, 1974.
FALK, M.R., AND LAWRENCE, M.J., "ACUTE TOXICITY OF PETRO CHEMICAL
DRILLING FLUIDS COMPONENTS AND WASTES TO FISH," TECHNICAL REPORT SERIES
NO. CEN-T-73-1, RESOURCE MANAGEMENT BRANCH, CENTRAL REGION, ENVIRONMENT
CANADA. 1973.
FARRELL, DOUGLAS, "BENTHIC COMMUNITIES IN THE VICINITY OF PRODUCING
OIL WELLS IN TIMBALIER BAY, LOUISIANA," REPORT TO GULF UNIVERSITIES
RESEARCH CONSORTIUM (GURC) OFFSHORE ECOLOGY INVESTIGATION, 1975.
GAWEL, L.J., AND HUDDLESTON, R.L., "THE BIODEGRADABILITY OF LOW
CONCENTRATIONS OF CERTAIN QUATERNARY AMMONIUM ANTI MICROBIALS BY
BACTERIA," PRESENTED AT AMERICAN OIL CHEMISTS' SOCIETY NATIONAL MEETING,
LOS ANGELES, CALIFORNIA, APRIL 23-26, 1975.
GRANTHAM, C.K., AND SLOAN, J.P., "TOXICITY STUDY - DRILLING FLUID
CHEMICALS ON AQUATIC LIFE," PRESENTED AT THE CONFERENCE ON ENVIRONMENTAL
ASPECTS OF CHEMICAL USE IN WELL DRILLING OPERATIONS, SPONSORED BY
ENVIRONMENTAL PORTECTION AGENCY'S OFFICE OF TOXIC SUBSTANCES, HOUSTON,
TEXAS, MAY 21-23, 1975.
GRAY, GEORGE R., "WHERE THE INDUSTRY'S MUD MONEY GOES," THE OIL AND
GAS JOURNAL, VOL., 68, PP. 157-159, APRIL 6, 1970.
HAUSER, HILLARY, "HILDA'S HIDDEN HAVEN" EXXON USA FOURTH QUARTER,
1974, PP. 16-21, 1974.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 382 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101215
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
HOLEMAN, J.N., "THE SEDIMENT YIELD OF MAJOR RIVERS OF THE WORLD,"
WATER RESOURCES RESEARCH, PP. 737-747, AUGUST, 1968.
HOLLINGSWORTH, J.W., AND LOCKHART, R.A., "FISH TOXICITY OF DISPERSED
CLAY DRILLING MUD DEFLOCCULANTS," PRESENTED AT THE CONFERENCE ON
ENVIRONMENTAL ASPECTS OF CHEMICAL USE IN WELL DRILLING OPERATIONS
SPONSORED BY ENVIRONMENTAL PROTECTION AGENCY'S OFFICE OF TOXIC
SUBSTANCES, HOUSTON, TEXAS, MAY 21-23, 1975.
JESSEN, F.W., AND JOHNSON, C.A., "THE MECHANISM OF ABSORPTION OF
LIGNOSULFONATES ON CLAY SUSPENSIONS," AIME SOCIETY OF PETROLEUM
ENGINEERS JOURNAL, SPETEMBER, 1963.
LAWRENCE, M., AND SCHERER, E., "BEHAVIOURAL RESPONSES OF WHITEFISH
AND RAINBOW TROUT TO DRILLING FLUIDS, " TECHNICAL REPORT NO. 502,
FISHERIES AND MARINE SERVICE, ENVIRONMENT CANADA, 1974.
LOGAN, WILLIAM J., SPRAGUE, JOHN B., AND HICKS, BRADLEYD., "ACUTE
LETHAL TOXICITY TO TROUT OF DRILLING FLUIDS AND THEIR CONSTITUENT
CHEMICALS AS USED IN THE NORTHWEST TERRITORIES," REPORT OF THE FISHERIES
SERVICE, CENTRAL REGION, RESOURCE DEVELOPMENT BRANCH, ENVIRONMENT
CANADA, APRIL 30, 1973 (APPENDIX TO FALK, MR, AND LAWRENCE, M.J., "ACUTE
TOXICITY OF PETROCHEMICAL DRILLING FLUIDS COMPONENTS AND WASTES TO
FISH," TECHNICAL REPORT SERIES NO. CEN T 73 1 RESOURCE MANAGEMENT
BRANCH, CENTRAL REGION, ENVIRONMENT CANADA, 1973).
MCATEE, JAMES L., JR., AND SMITH, NANCY R., "FERROCHROME
LIGNOSULFONATES I. X-RAY ABSORPTION EDGE FINE STRUCTURE SPECTROSCOPY;
II. INTERACTION WITH ION EXCHANGE RESIN AND CLAYS," JOURNAL OF COLLOID
AND INTERFACE SCIENCE, VOL. 29, NO. 3, MARCH, 1969.
MCMORDIE, W.C., JR. (OIL BASE, INC.), COMMENTS AT THE CONFERENCE ON
ENVIRONMENTAL ASPECTS OF CHEMICAL USE IN WELL DRILLING OPERATIONS, MAY
23, 1975; TRANSCRIPT PREPARED BY T.B. RIGLER AND ASSOCIATES,
HOUSTON,TX, P. 175 C.
MONAGHAN, P.H., "HEAVY FLUIDS FOR EXTREME WELL CONDITIONS," PRESENTED
AT AMERICAN PETROLEUM INSTITUTE SOUTHERN DISTRICT MEETING, HOUSTON,
TEXAS, 1961 (TEXT AVAILABLE FROM AUTHOR).
RAY, JAMES P., AND SHINN, E.A. 'ENVIRONMENTAL EFFECTS OF DRILLING
MUDS AND CUTTINGS," PRESENTED AT THE CONFERENCE ON ENVIRONMENTAL ASPECTS
OF CHEMICAL USE IN WELL DRILLING OPERATIONS, SPONSORED BY ENVIRONMENTAL
PROTECTION AGENCYS OFFICE OF TOXIC SUBSTANCES, HOUSTON,T EXAS, MAY
21-23, 1975.
ROBICHAUX, T.J., "BACTERICIDES USED IN DRILLING AND COMPLETION
OPERATIONS, PRESENTED AT THE CONFERENCE ON ENVIRONMENTAL PROTECTION
AGENCY'S OFFICE OF TOXIC SUBSTANCES, HOUSTON TEXAS, MAY 21-23, 1975.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 383 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101216
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
SKELLY, W.G., AND KJELLSTAND, J.A., "THE THERMAL DEGRADATION OF
MODIFIED LIGNOSULFONATES IN DRILLING MUD," PRESENTED AT AMERICAN
PETROLEUM INSTITUTE SPRING MEETING OF THE SOURTHERN DISTRICT, DIVISION
OF PRODUCTION, HOUSTON, TEXAS, MARCH 2-4 1966.
WALLEN, E.I., "THE DIRECT EFFECT OF TURBIDITY ON FISHES," OKLAHOMA
AGRICULTURAL AND MECHANICAL COLLEGE, ARTS AND SCIENCES STUDIES, BIOLOGY
SERIES NO.2, VOL. 48, NO. 2, PP. 1-27, 1951.
WILLIAMS, S.E., AND JONES, J.I., "THE DISTRIBUTION AND ORIGIN OF
BOTTOM SEDIMENTS IN THE LOUISIANA OIL PATCH ADJACENT TO TIMBALIER BAY,
LOUISIANA," REPORT TO GULF UNIVERSITIES RESEARCH CONSORTIUM (GURC)
OFFSHORE ECOLOGY INVESTIGATION, 1975.
ZINGULA, R.P., "EFFECTS OF DRILLING OPERATIONS ON THE MARINE
ENVIRONMENT, PRESENTED AT THE CONFERENCE ON ENVIRONMENTAL ASPECTS OF
CHEMICAL USE IN WELL DRILLING OPERATIONS,SPONSORED BY ENVIRONMENTAL
PROTECTION AGENCY'S OFFICE OF TOXIC SUBSTANCES, HOUSTON, TEXAS, MAY
21-23, 1975.
ZINGULA, R.P., PRIVATE COMMUNICATION, 1976.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 384 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101217
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
COVER SHEET OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 385 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101218
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
PREPARED BY SHEEN TECHNICAL SUBCOMMITTEE OFFSHORE OPERATIONS
COMMITTEE
SEPTEMBER 30, 1975
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 386 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101219
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
REPORT PREPARED BY PANEL ON ENVIRONMENTAL ISSUES: - DR. C.B. KOONS,
EXXON PRODUCTION RESEARCH, HOUSTON. - DR. C.D. MCAULIFFE, CHEVRON OIL
FIELD RESEARCH COMPANY LA HABRA, CALIFORNIA. - DR. F.T. WEISS
(CHAIRMAN), SHELL DEVELOPMENT COMPANY, HOUSTON.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 387 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101220
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
THIS REPORT REVIEWS THE CONSTITUENTS OF PRODUCED WATERS AND THEIR
EFFECTS ON THE MARINE ENVIRONMENT BOTH IN OFFSHORE AND COASTAL AREAS.
THE CONSIDERABLE DATA WHICH ARE AT HAND AND WHICH ARE DISCUSSED IN THIS
REPORT SHOW CLEARLY THAT THE TOXICITY OF PRODUCED WATERS IS LOW.
CONSEQUENTLY, PRODUCED WATERS DO NOT HAVE A DETRIMENTAL EFFECT ON THE
MARINE ENVIRONMENT OR ON MARINE BIOTA. REFERENCES ARE LISTED WHICH
PROVIDE AN EXTENSIVE BACKGROUND AND CONTAIN MUCH FURTHER, DETAILED
INFORMATION.
A REVIEW OF THE LARGE AMOUNT OF DATA DISCUSSED IN THE REPORT LEADS TO
THE FOLLOWING CONCLUSIONS:
1) NATURAL FORCES, INCLUDING DILUTION, EVAPORATION, AND CHEMICAL AND
BIOLOGICAL REACTIONS, RAPIDLY ACT TO REDUCE THE CONCENTRATION OF
HYDROCARBONS AND INORGANIC COMPONENTS IN PRODUCED WATERS.
2) BECAUSE OF THESE NATURAL FORCES, PRODUCED WATERS HAVE NOT BEEN
FOUND TO CAUSE MEASURABLE EFFECTS ON THE COMPOSITION, APPEARANCE, OR THE
BIOTA OF THE MARINE ENVIRONMENT.
3) FIELD STUDIES IN PETROLEUM PRODUCING AREAS SHOW THAT THE LOW LEVEL
DISCHARGE OF HYDROCARBONS AND INORGANIC COMPONENTS WHICH ARISE FROM
PETROLEUM OPERATIONS DO NOT HAVE A DETRIMENTAL EFFECT ON THE MARINE
ENVIRONMENT OR THE MARINE BIOTA.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 388 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101221
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN1/ 1. COLLINS, A.G. (1974), "SALINE GROUNDWATERS PRODUCED WITH
OIL AND GAS," PROJECT 16060 EQQ. PREPARED FOR OFFICE OF RESEARCH AND
MONITORING U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. DEPARTMENT OF
INTERIOR, BUREAU OF MINES, BARTLESVILLE, OKLAHOMA, 74003.
/FN2/ 2. COLLINS, A.G. (1974) "GEOCHEMISTRY OF LIQUIDS, GASES, AND
ROCKS FROM THE SMACKOVER FORMATION," REPORT OF INVESTIGATIONS 7897, U.S.
DEPARTMENT OF THE INTERIOR, BARTLESVILLE ENERGY RESEARCH CENTER,
BARTLESVILLE, OKLAHOMA 74003.
/FN3/ 3. COLLINS, A.G. (1975), "GEOCHEMISTRY OF OIL FIELD WATERS,"
AMERICAN ELSEVIER SCIENTIFIC PUBLISHING COMPANY, INC., NEW YORK.
/FN4/ 4. RITTENHOUSE, G., FULTON, R.B. III, GRABOWSKI, R.J. AND
BERNARD, J.L. (1969), "MINOR ELEMENTS IN OIL FIELD WATERS," CHEMICAL
GEOLOGY 4, PAGES 182-209.
PRODUCED WATERS GENERALLY CONTAIN APPRECIABLE CONCENTRATIONS OF
DISSOLVED INORGANIC SALTS /1,2,3,4/ IN WHICH THE PRINCIPAL CATIONS ARE
SODIUM, MAGNESIUM, CALCIUM. THE PRINCIPAL ANIONS ARE CHLORIDE, SULFATE,
CARBONATE AND BICARBONATE. THE CONCENTRATIONS OF TOTAL DISSOLVED
CONSTITUTENTS CAN VARY OVER A WIDE RANGE SUCH AS FROM A FEW MILLIGRAMS
PER LITER TO AS MUCH AS 350,000 MG/LITER. COLLINS /1,3/ REVIEWED THE
COMPOSITION OF MANY OIL FIELD WATERS AND FOUND THAT THE MAJORITY
CONTAINED HIGH CHLORIDE CONCENTRATIONS. MORE DETAILED INFORMATION ON
THE INORGANIC COMPONENTS IS GIVEN IN SECTION VI OF THIS REPORT.
TABLE 1 GIVES SOME DATA ON THE CONSTITUENTS AND THE TOXICITY BIOASSAY
RESULTS OF A TYPICAL PRODUCED WATER FROM A CALIFORNIA OFFSHORE
OPERATION. THESE SAMPLES WERE TAKEN FROM PLATFORM HARRY IN THE STATE OF
CALIFORNIA WATERS OFF POINT CONCEPTION. THE TOXICITY DATA ARE EXPRESSED
IN TERMS OF TLM (MEDIAN TOLERANCE LIMIT). THIS IS A STANDARD BIOASSAY
TECHNIQUE USED TO DETERMINE THE CONCENTRATION OF THE TEST MATERIAL
REQUIRED TO KILL HALF THE TEST ORGANISMS IN THE TIME INDICATED. THE
READINGS OF TLM OF 100 PERCENT SHOW THAT MORE THAN HALF THE FISH
(STICKLEBACK) SUBJECTED TO THE TEST SURVIVED FOR AT LEAST 96 HOURS IN
THAT SAMPLE OF UNDILUTED PRODUCED WATER. THE 75 PERCENT VALUE INDICATES
THAT NORMALLY MORE THAN HALF THE FISH SUBJECTED TO THE TEST SURVIVED FOR
96 HOURS IN A MIXTURE OF 75 PERCENT PRODUCED WATER AND 25 PERCENT
SEAWATER.
HYDROCARBONS AND SOME ORGANIC COMPOUNDS MAY BE PRESENTED IN PRODUCED
WATERS AT PART PER MILLION LEVELS. THEIR DETAILED COMPOSITIONS ARE
DESCRIBED SUBSEQUENTLY. DISSOLVED OXYGEN MAY BE PRESENT AT LOW
CONCENTRATION IN PRODUCED WATERS.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 389 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101222
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE 1
TABLE OMITTED
A) THIS INFORMATION WAS RECEIVED FROM THE CALIFORNIA WATER QUALITY
CONTROL BOARD, CENTRAL COAST REGION. TAKEN FROM REFERENCE /5/ PAGE
111-23.
/FN5/ 5. DRAFT ENVIRONMENTAL STATEMENT, DES 75-35, (1975), U.S.
DEPARTMENT OF THE INTERIOR, ON OIL AND GAS DEVELOPMENT IN THE SANTA
BARBARA CHANNEL, OUTER CONTINENTAL SHELF OFF CALIFORNIA, J-NE 6, PAGE
111-22.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 390 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101223
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN6/ 6. GULF UNIVERSITIES RESEARCH CONSORTIUM (1974), "FINAL
PROJECT PLANNING COUNCIL CONSENSUS REPORT," OFFSHORE ECOLOGY
INVESTIGATION, REPORT NO. 138, SEPTEMBER 20.
/FN7/ 7. FARRELL, D. (1974), "BENTHIC COMMUNITIES IN THE VICINITY OF
PRODUCING OIL WELLS IN THE SHALLOW LOUISIANA CONTINENTAL SHELF," PROJECT
OB69-JM GULF UNIVERSITIES RESEARCH CONSORTIUM OFFSHORE ECOLOGY
INVESTIGATIONS.
/FN8/ 8. KRITZLER, H. (1974), "OIL PRODUCTION AND POLYCHAETOUS
ANNELIDS IN A LOUISIANA ESTUARY," PROJECT OB 56 HJM, GULF UNIVERSITIES
RESEARCH CONSORTIUM OFFSHORE ECOLOGY INVESTIGATIONS.
/FN9/ 9. EL-SAYED, S.Z. (1974), "EFFECTS OF OIL PRODUCTION ON THE
ECOLOGY OF PHYTOPLANKTUN OFF THE LOUISIANA COAST," PROJECT OB 66 JHM,
GULF UNIVERSITIES RESEARCH CONSORTIUM OFFSHORE ECOLOGY INVESTIGATIONS.
/10/ 10. MARUM, J.P. (1974), "EFFECTS OF LONG TERM DRILLING AND
PRODUCTION ON THE ZOOPLANKTON OF LOUISIANA COASTAL WATERS," PROJECT OB
SS HJM, GULF UNIVERSITIES RESEARCH CONSORTIUM OFFSHORE ECOLOGY
INVESTIGATIONS.
/11/ 11. FISH, A.G., MASSEY, L.L., INABINET, J.R. AND LEWIS, P.L.
(1974), " A STUDY OF THE EFFECTS OF ENVIRONMENTAL FACTORS UPON THE
DISTRIBUTION OF THE SELECTED SANDY BEACH ORGANISMS OF TIMBALIER BAY,
LOUISIANA." PROJECT OB 64 HJM GULF UNIVERSITIES RESEARCH CONSORTIUM
OFFSHORE ECOLOGY INVESTIGATIONS.
TO LONG TERM OIL PRODUCTION
SOUTH TIMBALIER AREA, LOUISIANA. EXTENSIVE STUDIES HAVE BEEN MADE OF
THE SOUTH TIMBALIER AREA IN THE GULF OF MEXICO AND IN TIMBALIER BAY,
LOUISIANA BY A NUMBER OF INVESTIGATORS IN THE OFFSHORE ECOLOGY
INVESTIGATION UNDER MANAGEMENT OF THE GULF UNIVERSITIES RESEARCH
CONSORTIUM (GURC). /6/ THE STUDY AREA CONSISTED OF SOMEWHAT OVER 500
SQUARE MILES AND COMPRISED BOTH OFFSHORE AND COASTAL WATERS AND THE
ADJACENT BEACHES. THE AREA IN TIMBALIER BAY WAS SELECTED BECAUSE IT HAS
BEEN SUBJECTED TO INTENSIVE OIL AND GAS DRILLING AND PRODUCTION FOR OVER
40 YEARS. BIOLOGICAL STUDIES WERE UNABLE TO DOCUMENT ANY ADVERSE EFFECT
OF PETROLEUM OPERATIONS SURROUNDING TYPICAL PLATFORMS IN THE CONTINENTAL
SHELF AREA. THREE PLATFORMS WERE STUDIES IN THE OFFSHORE AREA AND TWO
IN COASTAL WATERS. THERE WAS NO MEASURABLE EFFECT ON THE BENTHIC
ORGANISM, /7/ OR UPON THE PHYTOPLANKTON /8/ SURROUNDING THE PETROLEUM
OPERATIONS. IN FACT, PROFESSOR EL-SAYER /9/ FOUND THAT THE AREA OF THE
OFFSHORE ECOLOGY INVESTIGATION WAS ONE OF THE MOST PRODUCTIVE IN THE
GULF OF MEXICO. THERE WAS NO EVIDENCE THAT THE PETROLEUM OPERATIONS HAD
ANY DELETERIOUS EFFECT ON THE PHYTOPLANKTON COMMUNITIES OFF THE
LOUISIANA COAST. IN A PARALLEL STUDY, MARUM /10/ FOUND NO EVIDENCE TO
INDICATE THAT OIL DRILLING AND PRODUCTION HAS CHANGED THE COPEPOD FAUNA
OVER THE PAST 20 YEARS. FISH, MASSEY, INABINET, AND LEWIS /11/ STUDIES
SEVERAL INTERTIDAL BEACH SPECIES IN SHALLOW WATER AREAS SINCE THEY
EXPECTED THESE SPECIES TO BE GOOD INDICATORS OF ENVIRONMENTAL
DISTURBANCE IN THE COASTAL AREA. THEY CONCLUDED THAT NATURAL FACTORS,
SUCH AS SALINITY AND SEDIMENT SIZES, HAD THE PRINCIPAL INFLUENCE ON THE
MARINE SPECIES THEY EXAMINED. THEY FOUND NO PERMANENT EFFECTS DUE TO
OIL PRODUCTION OPERATIONS. THE OBSERVATIONS FROM THE GURC STUDIES
CONCLUDE THAT NATURAL PHENOMENA SUCH AS SEASONALITY, FLODS, UPWELLINGS,
AND THE CHANGES IN CONTRIBUTIONS OF LOW SALINITY WATER SILT, AND
NUTRIENTS FROM THE RIVER SYSTEMS HAVE A MUCH GREATER IMPACE UPON THE ECO
SYSTEM THAN DO PETROLEUM DRILLING AND PRODUCTION ACTIVITIES. THE LOW
LEVEL DISCHARGE OF HYDROCARBONS AND INORGANIC SALTS WHICH CAN BE THE
RESULT OF PETROLEUM PRODUCING OPERATIONS DOES NOT HAVE A DETRIMENTAL
AFFECT ON THE MARINE ENVIRONMENT AND THE MARINE LIFE IN THAT AREA.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 391 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101224
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/6/ GULF UNIVERSITIES RESEARCH CONSORTIUM (1974), "FINAL PROJECT
PLANNING COUNCIL CONSENSUS REPORT," OFFSHORE ECOLOGY INVESTIGATION,
REPORT NO. 138, SEPTEMBER 20.
/12/ MACKIN, J.G. (1971), "A STUDY OF THE EFFECT OF OIL FIELD BRINE
EFFLUENTS ON BIOTIC COMMUNITIES IN TEXAS ESTUARIES," TEXAS A&M RESEARCH
FOUNDATION PROJECT 735 REPORT, PAGE 72, NOVEMBER.
/13/ REFERENCE 5 PAGE III-24.
TEXAS BAYS AND ESTUARIES. IN ADDITION TO THE SHALLOW WATER STUDIES
IN TIMBALIER BAY BY GURC, /6/ THERE HAS ALSO BEEN REPORTED A DETAILED
INVESTIGATION ON THE EFFECTS OF OIL FIELD PRODICED WATERS IN TEXAS BAYS
AND ESTUARIES BY MACKIN. /12/ LOW -TIDE WATER DEPTHS IN THE LOCATION HE
STUDIED VARIED FROM 2.5 TO AROUND 9 FEET. CURRENT FLOWS WERE GENERALLY
SMALL. HIS RESULTS SHOWED THAT THE DISCHARGES AFFECTED ONLY THE BOTTOM
ORGANISMS AND THAT THIS EFFECT WAS LOCALIZED. THE HALO OF DEPRESSED
BOTTOM FAUNA EXTENDED RADIALLY FOR APPROXIMATELY 400 FEET. AT DISTANCES
GREATER THAN 500 FEET THE DIVERSITY AND NUMBER OF INDIVIDUALS WERE
MORMAL FOR THE BAY. THE RATE OF DILUTION,EVEN IN VERY SHALLOW AREAS
STUDIED BY MACKIN, WAS SUFFICIENT TO REDUCE THE TOXIC EFFECTS OF THE
DISCHARGES TO A SMALL AREA. THUS, THE MINIMAL EFFECT OF DISCHARGES IN
SHALLOW WATERS PROBABLY DOES NOT EXITS IN DEEPER WATERS. IN REFRENCE TO
THE WORK OF MACKIN IT WAS SUGGESTED IN A RECENT DRAFT ENVIRONMENTAL
STATEMENT /13/ THAT "BRINE DISCHARGES, UNDER CONDITIONS SUCH AS OCCUR IN
DEEP WATER PROBABLY WOULD BE FOUND TO BE INEFFECTIVE, ALL OTHER THINGS
BEING EGUAL, IN THE REDUCTION OF BOTTOM COMMUNITIES. FOR EXAMPLE, BRINE
DISCHARGES IN 30 TO 150 FEET OF WATER RATHER THAN 8 FEET STUDIED BY
MACKIN, WOULD BE SUBJECT TO ENORMOUSLY GREATER DILUTION, WITH PROBABLY
GREATER BACTERIAL ACTION IN DESTRUCTION OF THE OIL CONTENT OF THE
BRINE."
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 392 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101225
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN14/ 14. NATIONAL ACADEMY OF SCIENCES (1975), OCEAN AFFAIRS BOARD
WORKSHOP, "PETROLEUM IN THE MARINE ENVIRONMENT," REPORT OF THE WORKSHOP
ON INPUTS, FATES, AND EFFECTS OF PETROLEUM IN THE MARINE ENVIRONMENT
HELD AT AIRLIE, VIRGINIA, WASHINGTON, D.C.
/15/ 15. BATES, C.C. AND PEARSON, E. (1975), "INFLUX OF PETROLEUM
HYDROCARBONS INTO THE OCEAN," OFFSHORE TECHNOLOGY CONFERENCE PAPER OTC
2390, HOUSTON,T EXAS.
/FN16/ 16. WILSON, R.D., MONAGHAN, P.H., OSANIK, A., PRICE, L.C. AND
ROGERS, M.A. (1974), "NATURAL MARINE OIL SEEPAGES," SCIENCE 184, PP.
857-865.
/FN17/ 17. MCCOWN, B.H., BROWN, J. AND BARSDATE, R.J. (1972),
"NATURAL OIL SEEPS AT CAPE SIMPSON, ALASKA; LOCATED INFLUENCE ON
TERRESTRIAL HABITAT," IN "PROCEEDING OF THE SYMPOSIUM ON THE IMPACT OF
OIL RESOURCE DEVELOPMENT IN NORTHERN PLANT COMMUNITIES," 23 AAAS ALASKA
SCIENCE CONFERENCE, UNIVERSITY OF ALASKA, FAIRBANKS, PAGES 86-90.
/FN18/ 18. BARSDATE, R.J', ALEXANDER, V', AND BENOIT, R.E. (1972),
"NATURAL OIL SEEPS AT CAPE SIMPSON, ALASKA; AQUATIC EFFECTS," IBID.,
PAGES 91-95.
/FN19/ 19. GERARDE, H.W. AND GERARDE, D.F. (1962), "THE UBIQUITOUS
HYDROCARBONS," ASSOCIATION OF FOOD AND DRUG OFFICIALS OF THE UNITED
STATES, VOLUMES XXV AND XXVI, 1971 AND 1972, PAGES 1-47.
/FN20/ 20. BLUMER, M., GILLARD, R.R.L. AND CHASE,T. (1971)
"HYDROCARBONS OF MARINE PHYTOPLANKTON," MARINE BIOLOGY 8, PAGES 183-189.
/FN21/ 21. BLUMER, M. (1967), "HYDROCARBONS IN DIGESTIVE TRACT AND
LIVER OF A BASKING SHARK," SCIENCE 156, PAGES 390-391.
/FN22/ 22. CLARK, R.C., JR. (1966), "SATURATED HYDROCARBONS IN
MARINE PLANTS AND SEDIMENTS," M.S. THESIS, DEPARTMENT OF GEOLOGY AND
GEOPHYSICS, MASSACHUSETTS INSTITUTE OF TECHNOLOGY.
/FN23/ 23. BENDORAITIES, J.G., BROWN, B.L. AND HEPNER, L.S. (1963),
PROCEEDINGS SIXTH WORLD PETROLEUM CONGRESS, SECTION V, PAGE 13.
/FN24/ 24. YOUNGBLOOD, W.W., BLUMER, M., GUILLARD, R.L. FIORE, F.
(1971), "SATURATED AND UNSATURATED HYDROCARBONS IN MARINE BENTHIC
ALGAE," MARINE BIOLOGY 8, PAGES 190-201.
/FN25/ 25. KOONS, C.B., JAMIESON, G.W. AND CIERESZKO, L.S. (1965),
"NORMAN ALKANE DISTRIBUTION IN MARINE ORGANISMS: POSSIBLE SIGNIFICANCE
TO PETROLEUM ORIGIN," BULLETIN OF THE AMERICAN ASSOCIATION OF PETROLEUM
GEOLOGIST 49, PAGES 301-304.
THE NATIONAL ACADEMY OF SCIENCES REPORT /14/ ON "PETROLEUM IN THE
MARINE ENVIRONMENT REVIEWED THE INPUT OF PETROLEUM HYDROCARBONS TO THE
MARINE ENVIRONMENT FROM VARIOUS SOURCES. THIS STUDY ESTIMATES THAT THE
WORLDWIDE INPUT OF OIL TO THE OCEANS FROM OFFSHORE DRILLING AND
PRODUCTION IS 0.08 MILLION TONS PER YEAR. THE LARGER PORTION OF THIS
LOSS (0.06 MILLION TONS PER YEAR) IS ACCOUNTED FOR BY MAJOR ACCIDENTS
AND SPILLS RESULTING FROM LINE RUPTURES AND SIMILAR MECHANICAL FAILURES.
THE REMAINING 0.02 MILLION TONS PER YEAR IS ATTRIBUTED TO MINOR SPILLS
(50 BARRELS OR LESS PLUS DISCHARGES OF OIL FIELD PRODUCED WATERS DURING
NORMAL DRILLING AND PRODUCING OPERATIONS. THIS INPUT SHOULD BE COMPARED
WITH OTHER SOURCES AS SHOWN IN TABLE II. A PARTICULARLY IMPORTANT
COMPARISON IS WITH THE MUCH HIGHER CONTINUOUS DISCHARGE OF PETROLEUM
HYDROCARBONS FROM SUBMARINE SEEPS WHICH ARE ESTIMATED TO CURRENTLY TOTAL
0.6 MILLION METRIC TONS PER YEAR. /15,16/ /17, 18/ HYDROCARBONS FROM
SEEPS HAVE BEEN CONTINUALLY DISCHARGED. SEEPS, LIKE MOST OTHER GEOLOGIC
PHENOMENA, INVOLVE TIME SCALES MEASURED IN MILLIONS OF YEARS.
HYDROCARBONS HAVE ALSO BEEN CONTINUOUSLY ADDED TO THE MARINE
ENVIRONMENT BY EROSION AND DISCHARGE OF UPLIFTED SEDIMENTARY ROCKS
CONTAINING PETROLEUM HYDROCARBONS THAT HAVE BEEN GENERATED DURING THE
BURIAL OF THESE SEDIMENTARY ROCKS.
IT IS CLEAR FROM THESE DATA THAT HYDROCARBONS HAVE BEEN CONTINUOUSLY
DISCHARGED TO THE MARINE ENVIRONMENT. THE FRACTION OF HYDROCARBONS
CONTRIBUTED BY OIL FIELD PRODUCTED WATERS IS SMALL AND DISPROVES THE
CONTENTION THAT THERE MAY BE A DETRIMENTAL EFFECT FROM THE CONTINUOUS,
LOW LEVEL DISCHARGE OF HYDROCARBONS FROM OFFSHORE PETROLEUM OPERATIONS.
PETROLEUM HYDROCARBONS ARE NOT A FOREIGH SUBSTANCE TO THE MARINE
ENVIRONMENT /19,20,21,21,23,24,25 / AND THERE IS NO DOCUMENTED ADVERSE
EFFECT FROM THE CONTINUOUS DISCHARGE OF THESE HYDROCARBONS.
OFFSHORE HYDROCARBON DISCHARGES. PRODUCED WATER DISCHARGE FROM
OFFSHORE OPERATIONS IS DILUTED WITH LARGE VOLUMES OF MOVING WATER.
BECAUSE OF THE LARGE VOLUME OF WATER, THE DISCHARGED HYDROCARBONS ARE
RAPIDLY DISPERSED. ONCE DISPERSION BEGINS, THE OIL IMMEDIATELY BEGINS
TO UNDERGO CHANGES BOTH IN CONCENTRATION AND COMPOSITION THROUGH
DILUTION, EVAPORATION, SOLUTION, SPREADING, EMULSIFICATION, AIR SEA
INTERCHANGE, AND BIOLOGICAL DEGRADATION AS REVIEWED IN THE REPORT OF THE
NATIONAL ACADEMY OF SCIENCE. /14/
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 393 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101226
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FNA A) FROM THE REPORT OF THE NATIONAL ACADEMY OF SCIENCES
(REFERENCE 14).
TABLE II
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 394 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101227
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN26/ 26. ALPINE GEOPHYSICAL ASSOCIATES, INC. (1971), "OIL
POLLUTION INCIDENT, PLATFORM CHARLIE, MAIN PASS BLOCK 41 FIELD,
LOUISIANA, "PROJECT 15080 FTU 05/75, FOR THE WATER QUALITY OFFICE,
ENVIRONMENTAL PROTECTION AGENCY, MAY, PP.6-7.
/FN27/ 27. MCAULIFFE, C.D., SMALLEY, A.E., GROVER, R.D., WELSH,
W.M., PICKLE, W.S. AND JONES, G.E. (1975) "THE CHEVRON MAIN PASS BLOCK
41 OIL SPILL CHEMICAL AND BIOLOGICAL INVESTIGATOINS," PROCEEDINGS OF
JOINT CONFERENCE ON PREVENTION AND CONTROL OF OIL POLLUTION, SAN
FRANCISCO, PP. 555-566.
/FN28/ 28. BROWN, R.A., SEARL, T.D., ELLIOTT, J.J., PHILLIPS, B.G.,
BRANDON, D.E. AND MONAGHAN, P.H. (1973), "DISTRIBUTION OF HEAVY
HYDROCARBONS IN SOME ATLANTIC OCEAN WATERS," PROCEEDINGS OF JOINT
CONFERENCE ON PREVENTION AND CONTROL OF OIL SPILLS, PP. 505-519.
/FN29/ 29. MONAGHAN, PH, BRANDON, D.E., BROWN, R.A., SEARL, T.D. AND
ELLIOTT, J.J.(1974), "MEASUREMENT AND INTERPRETATION OF NONVOLATILE
HYDROCARBONS IN THE OCEAN, PART I. MEASUREMENTS IN ATLANTIC,
MEDITERRANEAN, GULF OF MEXICO AND PERSIAN GULF AID. INJB.74. PREPARED
FOR US. DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION BY EXXON
PRODUCTION RESEARCH COMPANY, AND EXXON RESEARCH AND ENGINEERING COMPANY.
/FN30/ 30. KOONS,C.B. AND BRANDON,D.E. (1975), "HYDROCARBONS IN
WATER AND SEDIMENT SAMPLES FROM COAL OIL POINT AREA OFFSHORE
CALIFORNIA," OFFSHORE TECHNOLOGY CONFERENCE, PAPER OTC-2387, HOUSTON,T
EXAS.
/FN31/ 31. KREIDER, R.E. (1971), "IDENTIFICATION OF OIL LEEKS AND
SPILLS," PROCEEDINGS OF JOINT CONFERENCE ON PREVENTION AND CONTROL OF
OIL SPILLS," PP. 119-124, WASHINGTON, D.C.
/FN32/ 32. TEMPLETON, W.L. (1974), "SUMMARY REPORT ON EFFECTS OF OIL
DISCHARGE DOMESTIC AND INDUSTRIAL WASTEWATERS ON THE FISHERIES OF LAKE
MARACAIBO, VENEZUELA," BATTELLE NORTH WEST LABORATORY, REPORT TO CREOLE
PETROLEUM CORPORATION, CARACAS, VENEZUELA.
IT IS IMPORTANT TO NOTE THAT, AS THE RESULT OF THESE NATURAL
PROCESSES WHICH ACT TO DISPERSE AND DEGRADE OIL, THE ACTUAL MEASURED
CONCENTRATIONS OF HYDROCARBONS IN OFFSHORE AND COASTAL WATERS IS LOW.
THE EXTENT OF HYDROCARBON DISPERSION WAS THOROUGHLY STUDIED IN THE CASE
OF THE MAIN PASS BLOCK 41 OIL SPILL, /26,27/ DETAILED STUDIES OF THIS
OIL SPILL /27/ FOUND THAT DISSOLVED HYDROCARBONS WERE 200 PARTS PER
BILLION AT THE PLATFORM BUT ONLY 1 PART PER BILLION ONE MILE AWAY.
BROWN, MONAGHAN, AND THEIR CO WORKERS /28,29/ HAVE PUBLISHED RESULTS
SHOWING THAT THE TANKER ROUTES IN THE ATLANTIC OCEAN AND GULF OF MEXICO
CONTAINED AN AVERAGE OF 9 PERTS PER BILLION AT 10 METERS DEPTH. THEIR
RESULTS SHOW THAT EXTRACTABLE ORGANICS, WHICH INCLUDES NATURAL LIPIDS
AND OTHER ORGANIC COMPOUNDS, ARE PRESENT IN A SOMEWHAT HIGHER
CONCENTRATION ESPECIALLY AS THE TANKER LANES APPROACHED LARGE CITIES.
RECENTLY, KOONS AND BRANDON /30/ HAVE EXAMINED THE WATER COLUMN IN THE
AREA OF NATURAL SEEPS OFF COAL OIL POINT NEAR SANTA BARBARA, CALIFORNIA,
AND FOUND EXTRACTABLE HYDROCARBON LEVELS OF FROM 0.3 TO 16 PARTS PER
BILLION. DESPITE THE CONTINUED INPUT OF HYDROCARBON IN THIS AREA FROM
THESE NATURAL SEEPS, HIGH CONCENTRATIONS OF HYDROCARBONS HAVE NOT
DEVELOPED.
FORM OF DISCHARGED HYDROCARBONS. HYDROCARBONS DISCHARGED WITH
COPRODUCED WATERS FROM OIL AND GAS EXTRACTION ARE PRESENT IN THE WATER
FOLLOWING REMOVAL OF THE MAJOR PORTIONS OF THE OIL IN SEPARATION AND
TREATMENT FACILITIES. THE REMAINING HYDROCARBONS ARE PRESENT EITHER AS
SMALL DROPLETS OR DISSOLVED HYDROCARBONS. THE CONCENTRATION OF THE
DISSOLVED HYDROCARBONS MAY VARY UP TO ABOUT 50 PPM. BECAUSE THE
HYDROCARBONS ARE DISSOLVED OR DISPERSED IN FINE DROPLET FORM, UPON
DISCHARGE THEY RAPIDLY DISPERSE BY PHYSICAL PROCESSES AND ALSO THROUGH
BIODEGRADATION AND PHOTOOXIDATION.
THE RATE OF EVAPORATION OF THE LOWER MOLECULAR WEIGHT FRACTIONS FROM
A CRUDE OIL IS QUITE RAPID. FOR INSTANCE, KREIDER /31/ CONDUCTED
SIMULATED WEATHERING EXPERIMENTS AND FOUND THAT A CRUDE OIL LOST
ESSENTIALLY ALL COMPONENTS WHICH BOIL BELOW C12 IN 24 HOURS TIME. THE
PROCESS OF EVAPORATION CAN REMOVE MUCH OF THE VOLATILE MATERIAL FROM AN
OIL MASS.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 395 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101228
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN33/ 33. KOONS, C.B. AND MONAGHAN, P.H. (1973), "PETROLEUM DERIVED
HYDROCARBONS IN GULF OF MEXICO WATERS" IN TRANSACTIONS - GULF COAST
ASSOCIATION OF GEOLOGICAL SOCIETIES 23, PP. 170-181.
/FN34/ 34. WEISS, F.T. (1975), "FATE OF SPILLED OILS, " MARINE
ENVIRONMENTAL IMPLICATIONS OF OFFSHORE OIL AND GAS DEVELOPMENT IN THE
BALTIMORE CANYON REGION OF THE MID ATLANTIC COAST ESTUARINE RESEARCH
FEDERATION REPORT ERF 71-1, PAGES 185 TO 197.
/FN35/ 35. MERTENS,E.W. AND HAXBY, L.P. (1975), "RECENT ADVANCES IN
UNDERSTANDING THE EFFECTS OF OIL IN THE MARINE ENVIRONMENT," WORLD
PETROLEUM CONGRESS, PANEL DISCUSSION 25(3), PAGES 1-9 TOKYO.
/FN36/ 36. ZOBELL, C.E. (1969), "MICROBIAL MODIFICATIONS OF CRUDE
OIL IN THE SEA," PROCEEDINGS OF JOINT CONFERENCE ON PREVENTION AND
CONTROL OF OIL SPILLS, PP. 317-326, NEW YORK.
/FN37/ 37. COLWELL, R.R., WALKER, J.D. AND NELSON, J.D., JR.
(1973), "MICROBIAL ECOLOGY AND THE PROBLEM OF PETROLEUM DEGRADATION IN
CHESAPEAKE BAY," IN MICROBIAL DEGRADATION OF OIL POLLUTANTS, LOUISIANA
STATE UNIVERSITY, PUBLICATION NO. LSU-SG-73-01.
/FN38/ 38. MIGET, R.J., OPPENHEIMER, C.H., KATOR, H.I. AND LAROCK,
P.A. (1969), "MICROBIAL DEGRADATION OF NORMAL PARAFFIN HYDROCARBONS IN
CRUDE OIL," PROCEEDINGS OF JOINT CONFERENCE ON PREVENTION AND CONTROL OF
OIL SPILLS, PP. 327 TO 331, NEW YORK.
/FN39/ 39. WALKER, J.B., COLWELL, R.R. AND PETRAKIS, L. (1975), "A
STUDY OF THE BIODEGRADATION OF LOUISIANA CRUDE OIL EMPLOYING
COMPUTERIZED MASS SPECTROMETRY," PROCEEDINGS OF CONFERENCE ON PREVENTION
AND CONTROL OF OIL POLLUTION, SAN FRANCISCO, CALIFORNIA, PP. 601-605.
/FN40/ 40. ROBERTSON, B., ARTHELGER, S., KINNEY, P.J. AND BUTTON,
D.K. (1973), "HYDROCARBON BIODEGRADATION IN ALASKA WATERS." IN MICROBIAL
DEGRADATION OF OIL POLLUTIONS, LOUISIANA STATE UNIVERSITY, NO.
LSU-SG-73-01, PP. 171-184.
/FN41/ 41. AGOSTI, J.M' AND AGOSTI, T.E. (1972), "THE OXIDATION OF
CERTAIN PRUDHOE BAY HYDROCARBONS OF MICRO ORGANISMS INDIGENOUS TO A
NATURAL OIL SEEP AT UMIAT, ALASKA," IN "PROCEEDINGS OF THE SYMPOSIUM ON
THE IMPACT OF OIL RESOURCE DEVELOPMENT IN NORTHERN PLANT COMMUNITIES,"
23RD AAAS ALASKA SCIENCE CONFERENCE, UNIVERSITY OF ALASKA, FAIRBANKS.
ALASKA, PP. 80-85.
/FN42/ 42. BARSDATE, R.J. AND ALEXANDER, V. (1970), "PHOTOSYNTHETIC
ORGANISMS IN SUBARCTIC LAKE ICE," ARTIC, VOLUME 23, PAGE 301.
THIS IS IMPORTANT BECAUSE OF THE RELATIVELY HIGHER TOXICITY OF SOME
OF THE VOLATILE FRACTIONS. THE BATTELLE NORTHWEST LABORATORIES, IN A
PROJECT CARRIED OUT FOR CREOLE PETROLEUM IN VENEZUELA /32/ OBSERVED THAT
THE TOXICITY OF CRUDE OIL WAS GREATLY REDUCED EVEN BY SHORT WEATHERING.
ON RELATIVELY SHORT EXPOSURE OF THIN FILMS OF OIL ON WATER TO THE
ATMOSPHERE, THEY FOUND A LARGE LOSS OF LIGHT AROMATICS BOTH FROM THE OIL
AND FROM THE WATER COLUMN. IT IS ESTIMATED THAT EVAPORATIVE LOSSES IN
THE MAIN PASS OIL SPILL IN THE GULF OF MEXICO MAY HAVE BEEN FROM 25 TO
30 PERCENT IN THE FIRST 24 HOURS. /26,27/ DISSOLVED HYDROCARBONS IN
PRODUCED WATERS WHICH INCLUDE THOSE WITH LESS THAN 10 CARBON ATOMS IN
THE MOLECULE EVAPORATE RAPIDLY INTO THE ATMOSPHERE AS WELL AS
BIODEGRADE. FOR EXAMPLE, MEASUREMENT IN THE WATER COLUMN OF VOLATILE
C3-C8 HYDROCARBONS IN THE VICINITY OF PRODUCING PLATFORMS IN THE GULF OF
MEXICO SHOW TOTAL CONTENTS OF THESE HYDROCARBONS OF LESS THAN ONE PART
PER BILLION. /33/
MICROBIAL DEGRADATION. IT IS IMPORTANT TO POINT OUT THAT HYDROCARBON
OXIDIZING BACTERIA HAVE BEEN FOUND IN ALL WATERS STUDIES
/14,34,35,36,37,38,39/. THESE BACTERIA, WHICH USE HYDROCARBONS FOR AN
ENERGY SOURCE, ARE EFFECTIVE IN CONVERTING HYDROCARBONS TO CARBON
DIOXIDE AND WATER. PROBABLY ONE OF THE MAJOR WAYS IN WHICH HYDROCARBONS
ARE REMOVED IN ESTUARIES AND COASTAL AREAS IS BY MICROBIOLOGICAL
DEGRADATION' FOR EXAMPLE, ZOBELL /36/ STATES THAT IN COASTAL AREAS
BACTERIA CAN OXIDIZE FROM 0.02 TO 2 GRAMS OF HYDROCARBON PER SQUARE
METER PER DAY DEPENDING ON SEVERAL FACTORS INCLUDING RATE OF THE ORDER
OF A PART PER MILLION OF HYDROCARBON PER DAY. HYDROCARBON-OXIDIZING
BACTERIA HAVE BEEN OBSERVED IN WARM WATERS, IN COLD WATERS SUCH AS THE
COOK INLET /40/ AND THEIR PRESENCE HAS BEEN DOCUMENTED IN THE ARTICLE
/17,18 41/ INCLUDING ASSOCIATION WITH ICE /42/. THE PRESENCE OF THESE
BACTERIA IS AN INDICATION OF THE CONTINUAL INPUT OF HYDROCARBONS TO THE
MARINE ENVIRONMENT, WHETHER THESE HYDRO CARBONS ARE FROM PETROLEUM OR
BIOGENIC ORIGIN.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 396 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101229
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
"HYDROCARBON POLLUTION OF EDIBLE SHELLFISH BY AN OIL SPILL," MARINE
BIOASSAY 5, PP. 195-202.
/FN44/ 44. BLUMER, M., SASS, J., SOUZA, G., SANDERS, H.L., GRASSLE,
J.F. AND HAMPSON, G.R. (1970), "THE WEST FALMOUTH OIL SPILL," WOODS HOLE
OCEANOGRAPHIC INSTITUTION, WOODS HOLE, MASSACHUSETTES.
/FN45/ 45. BLUMER, M. AND SASS, J. (1972), "WEST FALMOUTH OIL SPILL,
" DATA AVAILABLE IN NOVEMBER 1971, II., CHEMISTRY, WHOI 72-19 WOODS HOLE
OCEANOGRAPHIC INSTITUTION, WOODS HOLE, MASSACHUSETTS, APRIL.
/FN46/ 46. LEE, R.F., SAUERHERBER, R., AND DOBBS, G.H. (1972)
"UPTAKE, METABOLISMS AND DISCHARGE OF POLYCYCLIC AROMATIC HYDROCARBONS
BY MARINE FISH," MARINE BIOLOGY 17, PP. 334-346.
/FN47/ 47. LEE, R.F., SAUERHEBER, R., AND DOBBS, G.H. (1972) "UPTAKE
METABOLISM AND DISCHARGE OF POLYCYCLIC AROMATIC HYDROCARBONS BY MARINE
FISH," MARINE BIOLOGY 17, PP. 201-208.
/FN48/ 48. LEE, R.F. (1975), "FATE OF PETROLEUM HYDROCARBONS
IN MARINE ZOOPLANKTON," PROCEEDINGS OF JOINT CONFERENCE ON
PREVENTION AND CONTROL OF OIL POLLUTION. SAN FRANCISCO, PP
201-208.
/FN49/ 49. ANDERSON, J.W., NEFF, J.M., COX, B.A., TATEM, H.E., AND
HIGHTOWER, G.M.(9174), "THE EFFECTS OF OIL ON ESTUARINE ANIMALS;
TOXICITY, UPTAKE AND DEPURATIONS, RESPIRATION," IN SYMPOSIUM: POLLUTION
AND THE PHYSIOLOGICAL ECOLOGY AND ESTUARINE AND COASTAL WATER ORGANISMS,
SPONSORED BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE BELLE W. BARUCH
COASTAL RESEARCH INSTITUTE OF THE UNIV OF SOUTH CAROLINA.
/FN50/ 50. VAUGHAN, B.E. (1973), "EFFECTS OF OIL AND CHEMICALLY
DISPERSED OIL ON SELECTED MARINE BIOTA LABORATORY STUDY," BATTELLE
NORTHWEST LABORATORIES, API PUBLICATION, NO.4191, NOV.
/FN51/ 51. TEAL, J.M. AND STEGEMAN, J.J. (1973), :ACCUMULATION,
RELEASE AND RETENTION OF PETROLEUM HYDROCARBONS BY THE OYSTER,
CRASSOSTREA VIRGINICA, " MARINE BIOLOGY 22, PP. 37-44.
IMPORTANT QUESTIONS REGARDING THE EFFECTS OF HYDROCARBONS IN THE
MARINE ENVIRONMENT CONCERN WHETHER OR NOT HYDROCARBONS CAN BE TAKEN INTO
MARINE ANIMAL TISSUES AND WHETHER THEY WILL ENTER THE FOOD WEB. THESE
IMPORTANT QUESTIONS HAVE NOW BEEN THOROUGHLY EXAMINED AND IT HAS BEEN
CONCLUDED THAT THERE IS NO EVIDENCE FOR A FOOD WEB MAGNIFICATION OF
HYDROCARBONS IN MARINE ORGANISMS.
THIS CONCERN WAS INITIALLY PUT INTO FORM BY SOME WORK OF BLUMER OF
THE WOODS HOLE OCEANOGRAPHIC INSTITION. BLUMER'S WORK WAS INITIATED
FOLLOWING A SPILL OF FUEL OIL NEAR WEST FALMOUTH, MASSACHUSETTES IN
SEPTEMBER, 1969. BLUMER /43, 44,45/ ANALYZED OYSTERS, SCALLOPS, AND
OTHER MARINE ORGANISMS AND FOUND THAT THEY HAD TAKEN UP OIL FRACTIONS.
HE KEPT THREE OYSTERS IN FLOWING SEAWATER IN HIS LABORATORY. ONE OYSTER
WAS ANALYZED AFTER IT HAS BEEN KEPT IN FLOWING SEAWATER FOR 72 DAYS AND
THE OTHER TWO AFTER 180 DAYS. HIS PUBLICATION IN 1970 /44/ STATED THAT
NONE OF THESE THREE OYSTERS HAD PURGED THEMSELVES OF THE OIL THEY
CONTAINED PRIOR TO THE BEGINNING OF THE EXPERIMENT. HE CONCLUDED, THUS,
ONCE CONTAMINATED, SHELLFISH, CANNOT CLEANSE THEMSELVES OF OIL
POLLUTION.
A NUMBER OF SCIENTISTS HAVE REINVESTIGATED THIS MATTER AND HAVE
REFUTTED BLUMER'S STATEMENT. /14,49,50,51/ EXPERIMENTS HAVE BEEN DONE
WITH, LITERALLY, THOUSANDS OF MARINE ANIMALS. THE TEST ORGANISM INCLUDE
VARIOUS SPECIES OF OYSTERS, SHRIMP, CRABS, AND COPEPODS, AS WELL AS
SEVERAL KINGS OF FISH. THESE EXPERIMENTS HAVE TAKEN PLACE IN A NUMBER
OF LABORATORIES IN THE UNITED STATES. THE TIME OF EXPOSURE HAS VARIED
FROM A MATTER OF HOURS TO SEVERAL WEEKS. INEVERY INSTANCE, RELEASE OF
HYDROCARBONS OCCURRED. DATA NOW IN HAND CLEARLY SHOW THAT MARINE
ANIMALS DO TAKE UP HYDROCARBONS BY MARINE MUSSELS, FISH AND BY COPEPODS.
THEY FOUND THAT THESE COMPONDS DID INDEED FIND THEIR WAY FROM SEAWATER
INTO THE MARINE ANIMAL TISSUES, BUT THAT WHEN THE ANIMALS WERE PLACED IN
CLEAN WATER, THE HYDROCARBONS WERE LOST' THE MUSSELS PURGED THE HYDRO
CARBONS UNCHANGED WHEREAS THE FISH AND COPEPODS METABOLIZED THESE
HYDROCARBONS. ANDERSON /49/ CARRIED OUT EXPOSURE TESTS ON OYSTERS AND
CLAMS EXPOSED TO CRUDE OILS AND PETROLEUM PRODUCTS. THE ANIMALS WERE
THEN PLACED IN CLEAN SEAWATER.
/FN43/ 43. BLUMER, M., SOUZA,G., SASS, J. (1970),
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 397 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101230
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN50/ 50. VAUGHAN, B.E. (1973), "EFFECTS OF OIL AND CHEMICALLY
DISPERSED OIL ON SELECTED MARINE BIOTA LABORATORY STUDY, BATTELLE
NORTHWEST LABORATORIES, API PUBLICATION, NO.4191, NOVEMBER.
/FN51/ 51. TEAL, J'M. AND STEGEMAN, J.J. (1973), "ACCUMULATION,
RELEASE AND RETENTION OF PETROLEUM HYDROCARBONS BY THE OYSTER
CRASSOSTREA VIRGINIA," MARINE BIOLOGY 22, PP. 37-44.
FN14
/FN14/ 14. NATIONAL ACADEMY OF SCIENCES (1975), OCEAN AFFAIRS BOARD
WORKSHOP, "PETROLEUM IN THE MARINE ENVIRONMENT," REPORT OF THE WORKSHOP
ON INPUTS, FATES, QND EFFECTS OF PETROLEUM IN THE MARINE ENVIRONMENT
HELD AT AIRLIE, VIEGINIA, WASHINGTON,DC.
/FN52/ 52. ANDERSON, J.W., NEFF, J.M., COX, B.A., TATEM,H.E. AND
HIGHTOWER, G.M. (1974), "CHARACTERISTICS OF DISPERSIONS AND WATER
SOLUBLE EXTRACTS OF CRUDE AND REFINED OILS AND THEIR TOXICITY TO
ESTUARINE CRUSTACEANS AND FISH," MARINE BIOLOGY PP. 75,88.
SPECIFIC ANALYSES FOR INDIVIDUAL HYDROCARBONS WERE MADE WITH METHODS
ABLE TO DETECT CONCENTRATIONS OF HYDROCARBON 0.1 PPM AND GREATER.
PURGING WAS FOUND TO THE LEVEL OF ANALYTICAL SENSITIVITY. VERY SIMILAR
DATA HAVE NOW BEEN FOUND IN STUDIES AT OTHER LOCATIONS IN THE UNITED
STATES INCLUDING BATTELLE NORTHWEST IN THE STATE OF WASHINGTON /50/ AND
MORE RECENT DATA FROM WOODS HOLE /51/ USING, IN EACH CASE, LOCAL
ANIMALS. IN EVERY CASE EXAMINED, ESSENTIALLY COMPLETE PURGING WAS FOUND
TO OCCUR.
THE NATIONAL ACADEMY OF SCIENCE REPORT /14/ STATES: "ORGANISMS SUCH
AS MUSSELS AND OYSTERS HAVE BEEN SHOWN TO ELIMINATE MOST ABSORBED
PETROLEUM HYDROCARBONS WHEN PLACED IN CLEAN WATER."
ACCUMULATION IN THE FOOD WEB. THE ADDITIONAL QUESTION OF
ACCUMULATION OF PETROLEUM HYDROCARBONS IN THE FOOD SHOWN TO BE
CONSIDERED. LEE'S RESULTS/46,47,48/ SHOW A RAPID METABOLISM OF CERTAIN
AROMATIC HYDROCARBONS IN FISH AND COPEPODS. DATA FROM ANDERSON AND
OTHERS SHOW RELATIVELY RAPID PURGING OF HYDROCARBONS FROM ANIMALS PLACED
IN A CLEAN ENVIRONMENT. ONCE AN OIL SPILL EPISODE HAS PASSED, ANY
AFFECTED ORGANISMS CLEANSE THEMSELVES QUICKLY OF WHATEVER OIL
CONTAMINATION THAT THEY MAY HAVE INCURRED. THEREFORE, IT IS NOT
POSSIBLE FOR SUCH CONTAMINATION TO BECOME CONCENTRATED BY TRANSFER FROM
ONE TROPHIC LEVEL TO THE NEXT THROUGH THE FOOD CHAIN. THE NATIONAL
ACADEMY REPORT /14/ STATES "THERE IS NO EVIDENCE FOR FOOD WEB
MAGNIFICATION OF PETROLEUM HYDROCARBONS IN MARINE ORGANISMS."
CONSEQUENTLY, THE NATIONAL ACADEMY REPORT /14/ CONCLUDES THAT THE
EFFECT OF OIL CONTAMINATION ON HUMAN HEALTH APPEARS NOT TO BE CAUSED FOR
ALARM.
TOXICITY OF HYDROCARBONS. TO DISTINGUISH THE TOXICITY OF CRUDE OILS
FROM PROCESSED OILS, BIOASSAY DATA HAVE BEEN OBTAINED ON A NUMBER OF
MARINE SPECIES. DATA OBTAINED BOTH FROM BATTELLE NORTHWEST AND FROM
TEXAS A&M /52/ SHOW THAT PROCESSED OILS ARE CONSIDERABLY AND
CONSISTENTLY MORE TOXIC THAN THE CRUDE OILS. SOME OF THESE DATA, SHOWN
IN TABLE III CLEARLY POINT OUT THAT THE MEDIAN TOLERANCE LIMIT TLM IS
HIGHER WITH TYPICAL CRUDES THAN WITH PROCESSED OILS IN BIO ASSAYS
CONDUCTED WITH ANUMBER OF MARINE SPECIES. THIS AGREES WITH THE
EXPERIENCE THAT OIL SPILLS RESULTING FROM CRUDE OIL LOSSES OR PRODUCING
ACCIDENTS ARE LESS SEVERE THAN FROM PRODUCT SPILLS. THE DATA IN TABLE
III ARE EXPRESSED AS THE MEDIAN TOLERANCE LIMIT (TLM) IN PARTS PER
MILLION. THUS, A TLM OF 1 PPM INDICATES A MATERIAL MORE TOXIC THAN A
TLM OF 10 PPM.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 398 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101231
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN27/ 27. MCAULIFFE, C.D., SMALLEY, A.E., GROVER, R.D., WELSH, W.M.
PICKLE, W.S. AND JONES, G.E. (1975), "THE CHEVRON MAIN PASS BLOCK 41 OIL
SPILL CHEMICAL AND BIOLOGICAL INVESTIGATIONS. PROCEEDINGS OF JOINT
CONFERENCE ON PREVENTION AND CONTROL OF OIL POLLUTION, SAN FRANCISCO,
PP.555-566.
/FN53/ 53. GORDON, D.C., JR. AND PROUSE, N.J. (1973). "THE EFFECTS
OF THREE DIFFERENT OILS ON MARINE PHYTOPLANKTON PHOTOSYNTHESIS," BEDFORD
INSTITUTE OF OCEANOGRAPHY, DARTMOUTH, NOVA SCOTIA.
/FN54/ 54. STRAUGHAN, D. (1975), REPORT IN PREPARATION FOR THE
AMERICAN PETROLEUM INSTITUTE.
EACH SET OF THE MARINE ANIMALS WAS EXPOSED TO THE DILUTED WATER
SOLUBLE FRACTIONS PREPARED IN THE LABORATORY FROM EACH OF THE INDICATED
OILS. THE HYDROCARBON VALUES LISTED WERE DETERMINED ON THE AMBIENT,
TEST WATER PREPARED AT THE INITIAL LABORATORY TESTINT TIME. FOR MORE
DETAILS ON THE TEST PROCEDURES, SEE REFERENCE 52. THESE WATER SOLUBLE
HYDROCARBON CONCENTRATIONS CORRESPOND TO VERY MUCH HIGHER CONCENTRATIONS
OF WHOLE OIL. FOR EXAMPLE, THE EQUILIBRIUM CONCENTRATION OF DISSOLVED
HYDROCARBONS FOR THE OILS TESTED VARIED FROM 1.3 TO 24 PPM. IF THE OILS
WERE DISCHARGED TO A WATER SURFACE IN A FIELD SITUATION, THE DISOLVED
HYDROCARBON CONCENTRATIONS WOULD BE LOW AS WAS OBSERVED DURING THE MAIN
PASS BLOCK 41 OIL SPILL. /27/
THE LEVELS OF HYDROCARBONS REQUIRED TO SHOW TOXICITY ARE OF THE ORDER
OF PARTS PER MILLION AS CAN BE SEEN FROM TABLE III. AS DISCUSSED ABOVE,
HYDROCARBON LEVELS FOUND EVEN IN EXPOSED AREAS RANGE FROM 1 TO 20 PARTS
PER BILLION. IN THE FIELD, LOSSES OR DISPERSION OF HYDROCARBONS OCCUR
RAPIDLY AND GO BELOW TOXIC LEVELS. THE FIELD STUDIES, DISCUSSED
EARLIER, SHOW THAT LOW LEVEL DISCHARGE OF HYDROCARBONS PRESENT IN
SEAWATER IN CONCENTRATIONS LESS THAN 30 PARTS PER BILLION ACTUALLY
STIMULATED PHYTOPLANKTON GROWTH IN LABORATORY EXPERIMENTS. IF HIGHER
CONCENTRATIONS WERE PRESENT, THERE WAS AN INHIBITION OF PHOTOSYTHESIS
BELOW CONTROL LEVELS.
IN HER INVESTIGATION, NOW IN ITS THIRD YEAR, DR. DALE STRAUGHAN /54/
OF THE UNIVERSITY OF SOUTHERN CALIFORNIA FINDS THAT THE NATURAL MARINE
OIL SEEPS NEAR SANTA BARBARA DO NOT AFFECT THE GROWTH RATE OF MARINE
ANIMALS IN THE INTERTIDAL AND OFFSHORE AREA. HER GROUP CONDUCTED A
STUDY TO SAMPLE THE BIOTA IN THE IMMEDIATE VICINITY OF THE NATURAL OIL
SEEPS AND COMPARED THEM WITH THE SAME SPECIES WHICH LIVED AT NEARBY
CATALINA ISLAND WHERE THERE IS NO SIGNIFICANT EXPOSURE TO PETROLEUM.
MARINE LIFE FLOURISHED IN THE SEEP AREA. THE RESULTS OF STUDIES IN THE
SEEP AREA OFF COAL OIL POINT HAVE PRODUCED NO EVIDENCE OF ABNORMALITITES
OR USUAL DISEASES.
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 399 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101232
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE II
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 400 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101233
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
/FN1/ 1. COLLINS, A.G. (1974), "SALINE GROUNDWATERS PRODUCED WITH
OIL AND GAS," PROJECT 16060 EQQ. PREPARED FOR OFFICE OF RESEARCH AND
MONITORING U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. DEPARTMENT OF
INTERIOR, BUREAU OF MINES, BARTLESVILLE, OK74003.
/FN2 2. COLLINS, A.G. (1974), "GEOCHEMISTRY OF LIQUIDS, GASES AND
ROCKS FROM THE SMACKOVER FORMATION," REPORT OF INVESTIGATIONS 7897, U.S.
DEPARTMENT OF THE INTERIOR, BARTLESVILLE ENERGY RESEARCH CENTER,
BARTLESVILLE, OK74003.
/FN3/ 3. COLLINS, A.G. (1974), "GEOCHEMISTRY OF OIL FIELD WATERS,"
AMERICAN ELSEVIER SCIENTIFIC PUBLISHING CO, INC.NY.
/FN4/ 4. RITTENHOUSE, G., FULTON, R.B.III, GRABOWSKI, R.J. AND
BERNARD, J.L. (1969) "MINOR ELEMENTS IN OIL FIELD WATERS," CHEMICAL
GEOLOGY 4, PAGES 189-209.
/FN56/ 56. KETCHUM, B.H. (1973), "SYMPOSIUM ON OCEAN POLLUTION,"
STATEMENT MADE BEFORE SENATE COMMERCE COMMITTEE, SUBCOMMITTEE ON OCEANS
AND ATMOSPHERE, JUNE 12.
THE EXTENSIVE PUBLISHED SURVEYS OF THE COMPOSITION OF OIL FIELD
PRODUCED WATERS /1,2,3,4/ SHOW THAT THE PREDOMINANT CATIONS IN ORDER OF
DECREASING CONCENTRATION ARE SODIUM, CALCIUM, AND MAGNESIUM.
RITTENHOUSE AND HIS CO WORKERS /4/ CONCLUDED THAT THE COMPONENTS IN OIL
FIELD WATERS ARE TYPICALLY PRESENT IN THE RANGES OF CONCENTRATIONS
INDICATED IN TABLE IV. COLLINS /1/ PROVIDES EXTENSIVE DATA ON PRODUCED
WATERS FROM MANY LOCATIONS. TYPICAL SODIUM CONCENTRATIONS RANGE FROM
23,000 TO 57,000 MG PER LITER. TYPICAL CALCIUM CONCENTRATIONS ARE
BETWEEN 2,500 TO 25,800 MG PER LITER AND THOSE FOR MAGNESIUM ARE FROM
100 TO 5,000 MG PER LITER. THERE ARE OCCASIONAL WATERS IN WHICH VALUES
EITHER MUCH HIGHER OR LOWER THAN THE AVERAGES ARE OBSERVED.
IT IS IMPORTANT TO NOTE THAT THE METAL IONS PRESENT IN HIGHEST
CONCENTRATIONS ARE THOSE WHICH ARE COMMON EITHER TO SEAWATER OR MANY
TERRESTRIAL DEPOSITS AND ARE NOT CONSIDERED HAZARDOUS. THOSE METALS
GENERALLY CONSIDERED AS TOXIC ARE PRESENT AT VERY LOW CONCENTRATIONS,
OFTEN BELOW THE LEVEL OF DETECTION OF EVEN THE SENSITIVE METHODS USED.
THE METALS WHICH WOULD BE OF GREATEST CONCERN IN THE ENVIRONMENT ARE
THOSE WHICH ARE TOXIC IN CONCENTRATIONS OF PARTS PER MILLION OR LESS.
TO CONSIDER ANY POSSIBLE HAZARDS IN DISCHARGING PRODUCED WATERS
CONTAINING TOXIC METALS INTO THE MARINE ENVIRONMENT, IT IS NECESSARY TO
CONSIDER THE FOLLOWING THREE FACTORS:
(1) CONCENTRATION OF TRACE METALS IN PRODUCED WATERS (SEE
TABLE V)
(2) CONCENTRATION OF TRACE METALS IN NORMAL SEAWATER (SEE
TABLE VI)
(3) TOXICITY LEVELS OF TOXIC METALS (SEE TABLE VII).
EXCELLENT DATA COVERNING THESE THREE POINTS ARE AVAILABLE WHICH
CLEARLY SHOW THE LACK OF SIGNIFICANT HAZARD FROM DISCHARGE OF TRACE
METALS INTO A MARINE ENVIRONMENT. TABLE V, TAKEN FROM THE PUBLICATION
OF RITTENHOUSE, FULTON, GRABOWSKI, AND BERNARD /4/ GIVES DATA ON THE
MEDIAN CONCENTRATION OF ELEMENTS IN PRODUCED WATERS FROM MANY LOCATIONS.
SOME DATA ARE ALSO GIVEN FOR THESE CONSTITUENTS IN SEAWATER AND AN
ESTIMATE GIVEN FOR DETECTION LIMIT OF THE SENSITIVE ANALYTICAL
TECHNIQUES EMPLOYED. ANOTHER AND MORE COMPLETE SET OF DATA ON THE
COMPOSITION OF SEAWATER IS GIVEN IN TABLE VI WHICH IS TAKEN FROM A
RECENT PUBLICATION OF THE NATIONAL ACADEMY OF SCIENCES. /55/ WITH THE
EXCEPTION OF CU, CR, MN, AND SR, THE (WORD ILLEGIBLE) OF TRACE METALS IN
PRODUCED WATERS IS NOT MUCH DIFFERENT FROM (WORD ILLEGIBLE).
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 401 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101234
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE IV
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 402 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101235
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE V
TABLE OMITTED
FOOTNOTES TO TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 403 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101236
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE VI
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 404 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101237
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE OMITTED
REAUTHORIZATION OF THE RCRA
HEARINGS BEFORE THE SUBCOMMITTEE ON RESOURCE PROTECTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED
STATES SENATE NINETY SIXTH CONGRESS FIRST SESSION, 790322 AND 790323
SERIAL NO. 96-H6
PART 405 OF 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101238
SERIAL NO. 96-H6
HEARINGS
TRANSCRIPT
SENATE
TABLE VII
TABLE OMITTED
REAUTHORIZATION OVERSIGHT OF -- THE RESOURCE RCRA CONSERVATION
AND HEARINGS RECOVERY BEFORE ACT THE
SUBCOMMITTEE HEARING ON BEFORE RESOURCE THE PROTECTION SUBCOMMITTEE OF ON THE OVERSIGHT COMMITTEE AND ON INVESTIGATIONS ENVIRONMENT OF AND THE PUBLIC COMMITTEE WORKS ON UNITED INTERSTATE
AND STATES FOREIGN SENATE COMMERCE NINETY
SIXTH HOUSE CONGRESS OF FIRST REPRESENTATIVES SESSION, NINETY-FIFTH 790322 CONGRESS AND SECOND 790323 SESSION
SERIAL SERIAL NO. NO. 95-183 96-H6 4781030
PART PART 406 001 OF OF 415 487
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101239
101239
SERIAL NO. 96-H6
HOUSE
HEARINGS
TRANSCRIPT
HEARINGS
TRANSCRIPT
SENATE
/FN58/ 58. COUNCIL ON ENVIRONMENTAL QUALITY (1972), "THE THIRD
ANNUAL REPORT OF THE COUNCIL ON ENVIRONMENTAL QUALITY U.S. GOVERNMENT
PRINTING OFFICE, WASHINGTON.D.C. 20402, AUGUST.
/FN59/ 59. NATIONAL ACADEMY OF SCIENCES (1974), "WATER QUALITY
CRITERIA," U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON D.C.
/FN60/ 60. KETCHUM, B.H' (1975), "ASSESSING POTENTIAL OCEAN
POLLUTANTS, "NATIONAL ACADEMY OF SCIENCES, WASHINGTON,D.C. PG 301.
/FN61/ 61. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (1974),
"DRAFT DEVELOPMENT DOCUMENT FOR EFFLUENT LIMITATIONS GUIDELINES AND NEW
SOURCE PERFORMANCE STANDARDS FOR THE OIL AND GAS EXTRACTION POINT SOURCE
CATEGORY," PAGE V-4 OCTOBER.
/FN69/ 69. LERMAN, A'& CHILDS, C.W. (1973), "METAL ORGANIC COMPLEXES
IN NATURAL WATERS: CONTROL OF DISTRIBUTION BY THERMODYANAMIC, KINETIC
AND PHYSICAL FACTORS," IN "TRACE METALS AND METAL ORGANIC INTERACTIONS
IN NATURAL WATERS." EDITED BY SINGER, P.C., ANN ARBOR PUBL.,INC. ANN
ARBOR MICHIGAN.
/FN70/ 70. MOREL, F., MCDUFF R.E. AND MORGAN J.J.(1973),
"INTERACTIONS AND CHEMOSTASIS IN AQUATIC CHEMICAL SYSTEMS; ROLE OF PH,
PE, SOLUBILITY AND COMPLEXATION, IN "TRACE METALS AND METAL ORGANIC
INTERACTIONS IN NATURAL WATERS." EDITED BY SINGER, P.C., ANN ARBOR
PUBL., INC., ANN ARBOR.MICHIGAN.
/FN71/ 71. WILSON, R.C.H. (1972), "PREDICTION OF COPPER TOXICITY IN
RECEIVING WATERS. J. FISH. RES. BD.CANADA, 29, PAGES 1500-1502.
TITLE PAGE OMITTED
TABLE VII PRESENTS A LISTING OF TOXIC ELEMENTS CONSIDERED TO BE OF
CRITICAL IMPORTANCE TO MARINE POLLUTION. THIS TABLE IS TAKEN FROM A
PRESENTATION MADE BY DR. B.H. KETCHUM OF WOODS HOLE TO THE SENATE
COMMERCE COMMITTEE. /56/ A NUMBER OF IMPORTANT POINTS COME FROM THIS
TABLE. FIRST CONSIDERATION SHOULD BE GIVEN TO THE TOP TIER OF THE SIX
MOST TOXIC ELEMENTS (HG, CD, AG, NI, SE, PB). PRODUCED WATERS DO NOT
NORMALLY CONTAIN CONCENTRATIONS OF THESE SIX ELEMENTS GREATER THAN THOSE
FOUND IN SEAWATER. RECENTLY, ATTENTION HAS BEEN PAID TO THE
DETERMINATION OF THE TWO MOST TOXIC ELEMENTS (HG AND CD) IN EFFLUENTS
FROM A NUMBER OF CRUDE OIL OFFSHORE PRODUCTION UNITS BY THE ROBERT S.
KERR ENVIRONMENTAL RESEARCH LABORATORY /58/ IN ESSENTIALLY ALL SAMPLES
EXAMINED, VALUES WERE BELOW THE LEVELS OF DETECTION WHICH WERE (SYMBOL
OMITTED) 50 PARTS PER BILLION CD AND (SYMBOL OMITTED) 0.5 PART PER
BILLION FOR HG.
OF THE LOWER TIER OF TOXICITY (CU, CR, AS, AZ, MN) THERE SEEMS NOT TO
BE ANY REAL CAUSE FOR DAMAGE BECAUSE OF THE LOW LEVELS AT WHICH THESE
TRACE ELEMENTS ARE PRESENT IN PRODUCED WATERS.
THERE IS AN INCREASING BODY OF EVIDENCE INDICATING THAT THERE ARE
NATURAL PROCESSES OPERATING TO REDUCE BOTH THE CONCENTRATION AND
TOXICITY OF TRACE METALS DISSOLVED IN WATER. IN ORDER FOR A HEAVY METAL
TO BE TOXIC IT APPARENTLY MUST BE IN THE IONIC STATE, /69, 70, 71/ IN
MOST NATURAL WATERS MUCH OF THE FREE METAL IONS WOULD PROBABLY BE BOUND
TO ORGANIC SUBSTANCES. NATURALLY PRESENT IN THE WATER, DECREASING THE
RELATIVE PERCENTAGE OF THE IONIC SPECIES. THERE IS INDIRECT EVIDENCE
THAT ORGANICALLY CHELATED HEAVY METALS IN AQUEOUS SOLUTIONS DO NOT HAVE
AS GREAT AN EFFECT UPON ORGANISMS AS DO SOLUTIONS OF THE METAL SALTS.
/71/ THIS COULD BE DUE EITHER TO THE FACT THAT THE ORGANO METALLIC
COMPLEX IS TOO BULKY TO ENTER A BIOLOGICAL SYSTEM OR IT COULD BE DUE TO
THE LACK OF AVAILABILITY OF THE METAL FOR REACTION WITH ENZYMES WITHIN
THE CELLS.
ANOTHER SIGNIFICANT CONSIDERATION IS THE REALATIVE CONTRIBUTION OF
TRACE ELEMENTS FROM MAN MADE SOURCES AND FROM NATURAL RIVER FLOW. WHERE
THE NATURAL CONTRIBUTION IS A LARGE PORTION OF THE POTENTIAL SUPPLY,
CONTROL OF INDIVIDUAL MAN MADE SOURCE WOULD HAVE LITTLE EFFECT ON WATER
QUALITY. THEREFORE, IT WOULD NOT BE PRACTICAL TO EMPHASIZE LIMITED
CONTROL EXCEPT IN ISOLATED LOCATIONS, SUCH AS IN URBAN OR INDUSTRIAL
AREAS, WHERE INDIVIDUAL CONTRIBUTIONS CAN BE APPRECIABLE.
THE CONCEPT OF RELATIVE CRITICAL INDEX IN THE FINAL COLUMNS OF TABLE
VII IS DERIVED BY KETCHUM /60/ BY DIVIDING THE ANNUAL AMOUNT OF A
SUBSTANCE MOBILIZED BY EITHER HUMAN OR NATURAL ACTIVITIES BY THE
TOXICITY LEVEL. THE REALATIVE CRITICAL INDEX HELPS TO IDENTIFY ELEMENTS
AS POLLUTANTS AND ASSISTS PUTTING A PRIORITY ON SOURCES.
OVERSIGHT REAUTHORIZATION OF -- THE RESOURCE RCRA CONSERVATION AND
HEARINGS RECOVERY ACT BEFORE THE
HEARING SUBCOMMITTEE ON BEFORE THE RESOURCE PROTECTION SUBCOMMITTEE OF ON THE OVERSIGHT COMMITTEE AND INVESTIGATIONS ON ENVIRONMENT OF AND THE PUBLIC COMMITTEE WORKS ON INTERSTATE UNITED
AND FOREIGN STATES COMMERCE SENATE NINETY
SIXTH HOUSE CONGRESS OF REPRESENTATIVES FIRST SESSION, NINETY-FIFTH CONGRESS 790322 AND SECOND SESSION 790323
SERIAL NO. SERIAL NO. 95-183 96-H6 4781030
PART PART 407 002 OF OF 487 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101240
101240
SERIAL NO. 96-H6
HOUSE
HEARINGS
TRANSCRIPT
HEARINGS
TRANSCRIPT
SENATE
/FN61/ 61. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (1974),
"DRAFT DEVELOPMENT DOCUMENT FOR EFFLUENT LIMITATIONS GUIDELINES AND NEW
SOURCE PERFORMANCE STANDARDS FOR THE OIL AND GAS EXTRACTION POINT SOURCE
CATEGORY," PAGE V-4 OCTOBER.
/FN62/ 62. MACKIN, J.G. (1973), "A REVIEW OF SIGNIFICANT PAPERS ON
EFFECTS OF OIL SPILLS AND OIL FIELD BRINE DISCHARGE ON MARINE BIOTIC
COMMUNITIES," TEXAS A&M RESEARCH FOUNDATION PROJECT 737 REPORT, PP.4-8,
FEBRUARY.
/FN12/ 12. MACKIN, J.G. (1971), "A STUDY OF THE EFFECT OF OIL FIELD
BRINE EFFLUENTS ON BIOTIC COMMUNITIES IN TEXAS ESTUARIES," TEXAS A&M
RESEARCH FOUNDATION PROJECT 735 REPORT PAGE 72, NOVEMBER.
/FN6/ 6. GULF UNIVERSITIES RESEARCH CONSORTIUM (1974), "FINAL
PROJECT PLANNING COUNCIL CONSENSUS REPORT." OFFSHORE ECOLOGY
INVESTIGATION, REPORT NO. 138, SEPTEMBER 20.
/FN64/ 64. CASTENHOLZ,R.W. (1967), "STABILITY AND STRESSES IN
INTERTIDAL POPULATION" IN "POLLUTION AND MARINE ECOLOGY," EDITED BY T.A.
OLSON AND F.J. BURGESS, INTERSCIENCE PUBLISHERS, NEW YORK, 1967, P. 15.
TITLE PAGE OMITTED
IN ADDITION TO THE POSSIBLE ENVIRONMENTAL EFFECTS OF PETROLEUM
HYDROCARBONS AND TRACE ELEMENTS IN OFFSHORE PRODUCED WATERS, DESCRIBED
IN THE PREVIOUS SECTIONS, THERE ARE SOME ADDITIONAL COMPONENTS AND
PROPERTIES OF PRODUCED WATERS WHICH HAVE POTENTIAL FOR MINOR
ENVIRONMENTAL EFFECTS THERE ARE SALINITY, DISSOLVED OXYGEN, ORGANIC
COMPOUNDS OTHER THAN HYDROCARBONS, AND TEMPERATURE.
SALINITY - MANY OFFSHORE PRODUCED WATERS HAVE HIGHER CONCENTRATIONS
OF DISSOLVED SOLIDS THAN THE WATERS SURROUNDING THE PLATFORMS. THE
AVERAGE TOTAL DISSOLVED SOLIDS CONTENT FOR PRODUCED FORMATION WATERS
FROM OFFSHORE LOUISIANA PRODUCTION FACILITIES IS APPROXIMATELY 110,000
MG/ LITER (PPM) /61/ COMPARED WITH 35,000 MG/LITER FOR NORMAL SEAWATER.
SINCE WE ARE DEALING WITH DISSOLVED COMPONENTS, DILUTION OCCURS QUITE
RAPIDLY WHEN THE PRODUCED WATERS ARE DISCHARGED INTO THE WATERS
SURROUNDING THE PLATFORM. /12,62/ ANY ENVIRONMENTAL EFFECTS WILL BE
EXTREMELY LOCALIZED NEAR THE POINT OF DISCHARGE MACKIN STATES, "THIS
DILUTION IN LARGE WATER BODIES AND COMPARATIVELY DEEP WATER IS ALMOST
INSTANTANEOUS, AND DILUTIONS OF 1000 PARTS OF SEAWATER TO ONE OF BRINE
CAN BE AFFECTED IN EVEN COMPARATIVELY SHALLOW WATER IN DISTANCES OF FROM
8 TO 50 FEET. IN OFFSHORE WATERS IN THE GULF OR ELSEWHERE, THERE IS NO
BRINE PROBLEM FOR THAT REASON."
IN OFFSHORE WATERS, NATURAL PROCESSES SUCH AS TIDES, FLOODS,
CURRENTS, OR DROUGHTS WOULD CAUSE MUCH GREATER VARIATION IN SALINITY
THAN THE DISCHARGE OF PLATFORM PRODUCTION WATERS. NEARSHORE CONTINENTAL
WATERS ARE NEITHER TYPICALLY MARINE NOR ESTUARINE, BUT RATHER
TRANSITIONAL. CONSEQUENTLY, ORGANISMS LIVING IN THESE WATERS AND
UNDERLYING SEDIMENTS MUST BE TOLERANT TO LARGE SCALE VARIATIONS (E.G.,
SALINITY) IN THE ENVIRONMENT. FOR EXAMPLE, CASTENHOLZ /64/ NOTED THAT
THE INTERTIDAL REGION OF THE NEARSHORE ENVIRONMENT EXHIBITS CHANGES IN
ENVIRONMENTAL CONDITIONS EQUIVALENT TO HUNDREDS OF MILES IN SOME
TERRESTRIAL AREAS AND YET THE TOTAL SPAN OF THE INTERTIDAL REGION MAY
ONLY BE SEVERAL VERTICAL FEET.
SALINITY MEASUREMENTS WERE MADE AT 180 DIFFERENT SAMPLING STATIONS
OFFSHORE AND IN TIMBALIER BAY (LOUISIANA) IN THE OFFSHORE ECOLOGY
INVESTIGATION, /6/ CONDUCTED IN THE NORTHERN GULF OF MEXICO BY GULF
UNIVERSITIES RESEARCH CONSORTIUM. VARIATIONS WERE CORRELATABLE WITH
SEASON AND GEOGRAPHY OF SAMPLING SITES AND ALL VARIATIONS WERE WITHIN
THE RANGES REPORTED BY SEASON.
REAUTHORIZATION OVERSIGHT OF -- THE RESOURCE CONSERVATION RCRA AND
HEARINGS RECOVERY BEFORE ACT THE
HEARING SUBCOMMITTEE ON BEFORE RESOURCE THE SUBCOMMITTEE PROTECTION OF ON OVERSIGHT THE COMMITTEE AND INVESTIGATIONS ON ENVIRONMENT OF THE AND PUBLIC COMMITTEE ON WORKS UNITED INTERSTATE
AND STATES FOREIGN COMMERCE SENATE NINETY
HOUSE SIXTH OF CONGRESS REPRESENTATIVES FIRST NINETY-FIFTH SESSION, 790322 CONGRESS SECOND AND 790323 SESSION SERIAL
SERIAL NO. NO. 95-183 4781030 96-H6
PART PART 003 408 OF OF 487 415
RANDOLPH J CHAIRMAN
MUSKIE E S
GRAVEL M
BENTSEN L M
BURDICK Q N
CULVER J C CHAIRMAN
HART G
MOYNIHAN D P
STAFFORD R T
BAKER H H
DOMENICI P V
CHAFEE J H
SIMPSON A K
PRESSLER L
YAGO J W STAFF DIRECTOR
GUARD B MINORITY STAFF DIRECTOR
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
SUBCOMMITTEE ON RESOURCE PROTECTION
101241
101241
SERIAL NO. 96-H6
HOUSE
HEARINGS
TRANSCRIPT
HEARINGS
TRANSCRIPT
SENATE
/FN66/ 66. GULF UNIVERSITIES RESEARCH CONSORTIUM (1973) "ORGANIC
CARBON, INORGANIC CARBON AND BOD VARIATIONS IN IN OEI," PRELIMINARY
REPORT, AUTHORED BY C.R. BRENT, PP. 1-11, NOVEMBER 1-2.
/FN67/ 67. TURNER, C.H., CARLISLE, J.E., JR. AND EBERT, E.E. (1962),
"OFFSHORE OIL DRILLING ITS EFFECT UPON THE MARINE ENVIRONMENT," INCLUDED
IN THE DOCUMENT, "INSTALLATION OF PLATFORMS 'C" AND "HENRY" ON FEDERAL
OIL AND GAS LEASES OCS P 0241 AND 0240 ISSUED UNDER THE OUTER
CONTINENTAL SHELF LANDS ACT, SANTA BARBARA CHANNEL AREA OFF THE COAST OF
CALIF (EIS)," PREPARED BY THE U.S. GEOLOGICAL SURVEY, WASHINGTON D.C.,
AUGUST 26, 1971. NATIONAL TECHNICAL INFORMATION SERVICE IDENTIFICATION
NO: PB-198-970-F.
/FN6/ 6. GULF UNIVERSITES RESEARCH CONSORTIUM (1974), "FINAL PROJECT
PLANNING COUNCIL CONSENSUS REPORT," OFFSHORE ECOLOGY INVESTIGATION,
REPORT NO. 138, SEPTEMBER 20.
LIST OMITTED
IN AN M.I.T. STUDY /65/ IT WAS STATED THAT THE CONTINUOUS DISCHARGE
OF PRODUCTION WATERS FROM PLATFORMS DOES NOT APPEAR TO BE A SERIOUS
THREAT TO THE ENVIRONMENT. NO ADVERSE EFFECTS OF DISCHARGES HAVE BEEN
NOTED IN THE GULF OF MEXICO. IT IS AN ESTABLISHED FACT THAT THE AREA
UNDER THE PLATFORMS SUPPORTS UNUSUALLY DENSE POPULATIONS, AS HAS BEEN
MEASURED IN THE SANTA BARBARA CAHANNEL UNDER PLATFORMS HILDA AND HAZEL.
/67/
DISSOLVED OXYGEN - SINCE OXYGEN IS ALSO A DISSOLVED MOLECULAR
SPECIES, THE ABOVE COMMENTS ABOUT DILUTION CERTAINLY APPLY HERE AS WELL.
ALSO, THE OFFSHORE ECOLOGY INVESTIGATION /66/ FOUND THAT NATURAL
PROCESSES (TIDES, FLOODS, DROUGHTS, ETC.) COMPLETELY OVERSHADOWED ANY
CHANGES IN DISSOLVED OXYGEN CONTENT WHICH MIGHT HAVE BEEN CAUSED BY THE
DISCHARGE OF PRODUCTION WATERS. NO SIGNIFICANT DEPLETION OF OXYGEN WAS
OBSERVED AT PLATFORM SITES AND WHAT SMALL REDUCTION WAS NOTED COULD BE
EXPLAINED BY THE GENERALLY RICH BIOTA LIVING ON THE PLATFORM LEGS.
ORGANIC COMPOUNDS,OTHER THAN HYDROCARBONS - OTHER ORGANICS FOUND IN
PLATFORM PRODUCTION WATERS WILL USUALLY BE PRESENT IN EVEN LOWER
CONCENTRATIONS THAN THE PETROLEUM HYDROCARBONS ASSOCIATED WITH THESE
WATERS. THESE OTHER ORGANICS WOULD LIKELY BE IN THE FEW PPM RANGE AND
DILUTION WOULD RAPIDLY DISPERSE THEM BELOW THE LIMITS OF ANY ADVERSE
ENVIRONMENTAL EFFECTS.
IN THE OFFSHORE ECOLOGY INVESTIGATION /66/ MEASUREMENTS WERE MADE OF
THE ORGANIC CARBON CONTENT IN THE WATERS AROUND TWO PRODUCING PLATFORMS
AND A CONTROL AREA SOME SIX MILES AWAY. TYPICAL ORGANIC CARBON CONTENTS
MEASURED AROUND THE PLATFORMS WERE 5.8 AND 5.0 MG/LITER (PPM),
RESPECTIVELY, AND 5.1 MG/LITER (PPM) FOR THE CONTROL AREA. SINCE THESE
VALUES ARE ALL WITHIN THE SAMPLING VARIABILITY, IT WAS INDICATED THAT
THERE WAS NO SIGNIFICANT BUILD UP OF ORGANIC COMPOUNDS IN THE VICINITY
OF THE PRODUCING PLATFORMS.
TEMPERATURE - PRODUCTION WATERS TEND TO BE SOMEWHAT WARMER THAN THE
WATER SURROUNDING THE PLATFORMS, BUT HERE AGAIN, THE DIFFERENCES ARE NOT
LIKELY GREAT. AS WITH DISSOLVED SPECIES, DILUTION WOULD ALMOST
INSTANTANEOUSLY DIMINISH ANY TEMPERATURE GRADIENTS. IN THE OFFSHORE
ECOLOGY INVESTIGATION /6/ TEMPERATURE MEASUREMENTS WERE ALSO MADE AT
SOME 180 DIFFERENT SAMPLING STATIONS OFFSHORE AND IN TIMBALIER BAY. AS
WAS FOUND WITH SALINITY, THE TEMPERATURE VARIATIONS CORRELATED WITH
SEASON AND NEARNESS TO SHORE, AND NO IMPACT OF THE PLATFORMS AND THEIR
DISCHARGES ON (WORDS OMITTED).
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 004 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101242
HOUSE
HEARINGS
TRANSCRIPT
CONTENTS
CONTENTS OMITTED
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 005 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101243
HOUSE
HEARINGS
TRANSCRIPT
CONTENTS OMITTED
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 006 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101244
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HEARINGS
TRANSCRIPT
CONTENTS OMITTED
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 007 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101245
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TRANSCRIPT
THE SUBCOMMITTEE MET, PURSUANT TO NOTICE AT 9:30 A.M., IN ROOM 2123,
RAYBURN HOUSE OFFICE BUILDING, HON. ALBERT GORE, JR., PRESIDING (HON.
JOHN E MOSS, CHAIRMAN).
MR. GORE. THE SUBCOMMITTEE WILL COME TO ORDER.
IN AMERICA LAST YEAR, AN ESTIMATED 92 BILLION POUNDS OF HAZARDOUS
WASTES WERE DUMPED IN THE GROUND. THIS AMOUNT INCREASED BY 8 PERCENT
EACH YEAR. OF DEEPEST CONCERN TO ME AND TO THIS SUBCOMMITTEE ARE
ESTIMATES THAT AT LEAST 90 PERCENT OF HTESE HAZARDOUS WASTES ARE
DISPOSED OF IMPROPERLY, UNSAFELY, AND IRRESPONSIBLY. MANY OF THESE
DANGEROUS SUBSTANCES END UP IN OUR AIR, OUR FOOD, AND OUR DRINKING
WATER.
HAZARDOUS WASTE MAY BE THE SINGLE MOST SIGNIFICANT ENVIRONMENTAL
HEALTH ISSUE OF THIS DECADE. MANY AMERICANS ARE JUSTLY CONCERNED ABOUT
THE PROBLEMS OF DISPOSING OF NUCLEAR WASTE. YET TOTAL NUCLEAR WASTES
PRODUCED TO DATE ARE ESTIMATED TO BE WELL UNDER 100 MILLION POUNDS. BY
CONTRAST, 92 BILLION POUNDS OF NONNUCLEAR WASTE ARE GENERATED EACH AND
EVERY YEAR; AND THESE WASTES ARE DISPOSED OF CAVALIERLY.
AMERICA HAS BEEN POCKMARKED WITH THOUSANDS OF CANCER CESSPOOLS -- AND
EPA DRAGS ITS FEET TO AVOID FACING THE MAGNITUTDE OF THIS THREAT.
RUSTING AND BUSTED 55-GALLON DRUMS ARE NOT A SENSIBLE FINAL RESTING
PLACE FOR POWERFUL POINSONS AND CARCINOGENIC INDUSTRIAL CHEMICALS.
ALREADY, MANY SITES HAVE CAUSED TRAGEDY, LEAKING TOXIC SUBSTANCES INTO
OUR ENVIRONMENT AND WATER SUPPLIES; WE ARE REMINDED OF LOVE CANAL,
N.Y.; TOONE, TENN.; LOUISVILLE, KY.; DEERFIELD, OHIO; ALEXANDRIA, VA.;
AND DOVER TOWNSHIP, N.J. THE LIST IS LOND, EVEN THOUGH INCOMPLETE.
RECOGNIZING THE SERIOUSNESS OF THE PROBLEM, CONGRESS PASSED THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. THIS LEGISLATION CALLED
FOR THE DEVELOPMENT OF REGULATIONS TO IDENTIFY AND MANAGE THIS HAZARDOUS
WASTE PROBLEM. THE RESOURCE CONSERVATION AND RECOVERY ACT IS A STRONG
LAW WITH A CLEAR MANDATE DIRECTING THE U.S. ENVIRONMENTAL PROTECTION
AGENCY TO BRING THIS PROBLEM UNDER CONTROL.
EPA WAS GIVEN 18 MONTHS TO PROMULGATE REGULATIONS WHICH WOULD BRING
THIS HEALTH-THREATENING ENVIONRMENTAL PROBLEM TO AN END.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 008 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101246
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HEARINGS
TRANSCRIPT
IN MARCH OF THIS YEAR, JUST 1 MONTH BEFORE THE DEADLINE FOR THESE
REGULATIONS, AN EPA OFFICIAL, DEPUTY ADMINISTRATOR BARBARA BLUM
TESTIFIED BEFORE A HOUSE APPROPRIATIONS SUBCOMMITTEE THAT EPA WAS ON
SCHEDULE. WHEN ASKED "ARE YOU ON TARGET AND DO YOU PLAN TO HVE THE
REGULATIONS ISSUED . . . BY THE STATUTORY DATE?", DEPUTY ADMINISTRATOR
BLUM REPLIED, "YES". BUT THE REGULATIONS WERE NOT ISSUED IN APRIL 1978.
WE NOW LEARN THAT THE REGULATIONS WILL NOT BE PROMULGATED UNTIL JANUARY
1980 AT THE EARLIEST.
DELAYS ARE COSTLY. EACH MONTH THE COSTS OF HANDLING WASTES
RISE DRAMATICALLY. FOR EACH MONTH EPA DELAYS IN ISSUING THE
REGULATION, NEARLY 8 BILLION POUNDS OF HAZARDOUS WASTE ARE
GENERATED -- MUCH OF IT, IF NOT MOST, WILL BE DISPOSED OF
IMPROPERLY. BY THE TIME EPA EXPECTS THE REGULATIONS TO BE
IN PLACE, AND ESTIMATED 160 BILLION ADDITIONAL POUNDS OF
HAZARDOUS WASTE WILL HAVE BEEN PRODUCED AND DISPOSED OF IN AN
AD HOC FASHION.
THE CLEANUP COSTS OF IMPROPERLY DISPOSED OF MATERIAL ARE
ASTRONOMICAL. OF SIGNIFICANCE TO THE PUBLIC AND THIS SUBCOMMITTEE IS
THE FACT THAT CLEANUP COSTS, WHICH OFTEN RANGE IN THE MILLIONS OF
DOLLARS, FAR EXCEED THE COSTS OF PROPER DISPOSAL. FOR EXAMPLE, ONE EPA
STUDY HAS ESTIMATED THAT THE COST OF PROPERLY DISPOSING OF WASTES IN
DOVER TOWNSHIP, N.J., WOULD HAVE BEEN ONLY ONE THIRD OF THE PARTIAL
CLEANUP COSTS. WE CANNOT AFFORD TO WAIT MUCH LONGER FOR TOUGH,
COMPREHENSIVE RULES WHICH WILL ELIMINATE THE FLOW OF HAZARDOUS
SUBSTANCES INTO OUR ENVIRONMENT.
AT TODAY'S HEARING WE WILL: EXPLORE THE REASONS FOR EPA'S DELAY IN
PROMULGATING RCRA REGULATIONS; TRY TO DETERMINE WHETHER EPA'S CURRENT
PROJECTED DEADLING FOR THESE REGULATIONS OF JANUARY 1980 IS APPROPRIATE;
ASCERTAIN WHAT PROGRESS EPA HAS MADE IN DRAFTING RIGOROUS REGULATIONS;
AND EXPLORE WHAT STEPS EPA HAS TAKEN TO INVENTORY, MONITOR, AND TAKE
ACTION ON POTENTIALLY DANGEROUS WASTE SITES.
TO ADDRESS THESE ISSUES, WE WILL HEAR INITIALLY FROM TWO MEMBERS OF
CONGRESS, HON. HENRY J. NOWAK AND HON JOHN J. LAFALCE, BOTH FROM NEW
YORK STATE, WHO HAVE BEEN PARTICULARLY CONCERNED ABOUT THE DANGERS OF
HAZARDOUS WASTE BECAUSE OF THE EVENTS AT LOVE CANAL, N.Y., WHERE
HUNDREDS OF FAMILIES HAD TO BE RELOCATED BECAUSE A CLOSED DUMP BEGAN TO
LEAK A VARIETY OF TOXIC CHEMICALS. MR. NOWAK'S CONCERNS ABOUT THIS
ISSUE TRIGGERED TODAY'S HEARING. WE WILL ALSO HEAR FROM CHRISTINE AND
WOODROW STERLING FROM TOONE, TENN., WHOSE WATER SUPPLY HAS BEEN
CONTAMINATED BY PESTICIDE WASTE.
MR. HUGH KAUFMAN, MANAGER OF THE ASSESSMENT PROGRAM,
HAZARDOUS WASTE MANAGEMENT DIVISION OF THE ENVIRONMENTAL
PROTECTION AGENCY, WILL BE ASKED TO DESCRIBE HOW EPA HAS BEEN
RESPONDING TO SITUATIONS LIKE TOONE, TENN. PANELISTS INCLUDE
MR. LESLIE DACH OF THE ENVIRONMENTAL DEFENSE FUND, MR. GEORGE
WOLFF OF THE ILLINOIS ATTORNEY GENERAL'S OFFICE AND DR. DANA
DAVOLI OF CITIZENS FOR A BETTERN ENVIRONMENT, WHO WILL DISCUSS
PUBLIC AND STATE GOVERNMENT CONCERNS ABOUT EPA'S DELAYS.
THEY WILL ALSO DISCUSS THIR CONCERNS ABOUT THE QUALITY OF THE
MOST RECENT DRAFT REGULATIONS. AND FINALLY, WE WILL CALL UPON
EPA OFFICIALS, THOMAS C. JORLING, ASSISTANT ADMINISTRATOR FOR
THE OFFICE OF WATER AND WASTE MANAGEMENT; STEFFAN W. PLEHN,
DEPUTY ASSISTANT ADMINISTRATOR FOR SOLID WASTE; AND JOHN P.
LEHMAN, DIRECTOR OF THE HAZARDOUS WASTE MANAGEMENT DIVISION OF
THE OFFICE OF SOLID WASTE, WHO HAVE THE RESPONSIBILITY FOR
IMPLEMENTING THE RCRA LAW.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 009 OF 487
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TRANSCRIPT
WE WILL ASK THEM TO EXPLAIN WHY THEY HAVE FAILED TO PROMULGATE THE
REGULATIONS, WHY THEY HAVE FAILED TO IDENTIFY POTENTIALLY HAZARDOUS
SITES AND WHY THEY HAVE FAILED TO USE THEIR AUTHORITY TO VIGOROUSLY
ENFORCE THE LAW.
THE THREAT POSED BY HAZARDOUS WASTES MAY BE THE ENVIRONMENTAL
SLEEPING GIANT OF THIS DECADE. HUNDREDS OF BILLIONS OF POUNDS OF THESE
TOXIC WASTES ARE NOT POLLUTING OUR ENVIRONMENT AND JEOPARDIZING PUBLIC
HEALTH. EPA HAS BEEN CHARGED WITH THE RESPONSIBILITY TO SOLVE THIS
PROBLEM. AND YET, WE LEARN -- FROM SENATOR PROXMIRE -- THAT EPA HAS
SPENT CLOSE TO $40,000 IN A 2-YEAR STUDY TO FIND OUT THAT RUNOFF FROM
OPEN STACKS OF COW MANURE ON VERMONT FARMS CAUSES THE POLLUTION OF THE
WATER IN NEARBY SMALL STREAMS AND PONDS. WHAT ARE EPA'S PRIORITIES?
WHAT HAS EPA BEEN DOING SINCE THE RCRA WAS ENACTED? HOW SOON CAN WE BE
ASSURED THAT EPA IS ON THE RIGHT TRACK AND HAS MADE PROGRESS IN
VIGOROUSLY ATTACKING THIS PROBLEM?
OUR FIRST WITNESS TODAY IS THE HONORABLE HENRY J NOWAK OF NEW YORK.
MR NOWAK. MR. CHAIRMAN, THANK YOU VERY MUCH. FIRST I WOULD LIKE TO
COMMEND YOU AND THE SUBCOMMITTEE FOR YOUR SPECIAL CONSIDERATION OF MY
REQUEST TO CONDUCT THIS HEARING AND REFOCUS NATIONAL ATTENTION ON THIS
COMPLEX AND CRITICAL PROBLEM OF HAZARDOUS WASTE DISPOSAL. I AM SURE YOU
SHARE MY HOPE THAT TODAY'S HEARING -- AND FUTURE CONGRESSIONAL OVERSIGHT
IN THIS AREA -- WILL ACCELERATE THE COOPERATIVE EFFORT BY THE PUBLIC AND
PRIVATE SECTORS NEEDED TO DEAL WITH THIS SINISTER, MULTIFACETED PROBLEM.
SECOND, I WOULD RESPECTFULLY REQUEST PERMISSION FOR INCLUSION IN THIS
HEARING RECORD OF THE COMPLETE TEXT OF THE ARTICLES ON HAZARDOUS WASTE
DISPOSAL THAT APPEARED IN THE DITIONS OF THE BUFFALO COURIER-EXPRESS
BETWEEN SEPTEMBER 16 AND SEPTEMBER 26, 1978.
MR. GORE. WITHOUT OBJECTION, IT IS SO ORDER (SEE P. 6.)
MR. NOWAK. AS A RESULT OF THE LOVE CANAL EMERGENCY, THE
COURIER-EXPRESS DETAILED REPORTER MICHAEL DESMOND ON AN ASSISGNMENT TO
TRACE THE NATIONAL SCOPE OF THIS PROBLEM. SEVERAL WEEKS AND SEVERAL
THOUSAND MILES LATER, MR. DESMOND COMPLETED A SERIES OF ARTICLES THAT
CHILLINGLY DESCRIBE THE BREADTH AND DEPTH OF THE HAZARDOUS WASTE CRISIS.
BOTH HE AND THE COURIER-EXPRESS ARE TO BE COMMENDED FOR THIER PURLIC
SERVICE IN DRAWING ATTENTION TO THE GRAVITY OF THE PROBLEM CONFRONTING
US.
THE CONGRESS CLEARLY RECOGNIZED THE SEVERITY OF THE HAZARDOUS WASTE
PROBLEM IN 1976 WHEN IT PASSED THE RESOURCE CONSERVATION AND RECOVERY
ACT. WHAT THE COURIER-EXPRESS SERIES POINTED OUT, HOWEVER, WAS THAT THE
ENVIRONMENTAL PROTECTION AGENCY HAS BEEN INTOLERABLY SLOW IN
IMPLEMENTING THIS VITAL PROGRAM. WORSE, EPA'S PROJECTED TIMETABLE
ENVISIONS CONTINUING ITS SNAIL'S PACE APPROACH TO THIS PROBLEM.
THIS NATION CANNOT AFFORD TO WAIT UNTIL MID-1980 TO BEING A
COORDINATED, COMPREHENSIVE ATTACK ON THIS PROBLEM. THE MISHANDLING AND
IMPROPER DISPOSAL OF TOXIC WASTES THAT PROMPTED THE 1976 LEGISLATION
CONTINUES TODAY. THIS CONTINUES TO THREATEN OUR ENVIRONMENT AND OUR
HEALTH AND IS COUNTERPRODUCTIVE TO OUR EFFORTS TO EXPEND BILLIONS OF
DOLLARS TO CLEAN UP OUR AIR AND WATER.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 010 OF 487
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I REQUESTED THAT THIS HEARING BE CONVENED TO GET ANSWERS FROM EPA TO
SEVERAL QUESTIONS AND TO DETERMINE WHAT CAN BE DONE TO EXPEDITE ITS
ISSUANCE OF ALL THE REQUIRED RCRA REGULATIONS. THE NATION WOULD LIKE TO
KNOW WHY EPA IS MORE THAN 6 MONTHS LATE IN ISSUING THESE REGULATIONS AND
WHAT EPA CAN DO TO ACCELERATE THIS ALREADY DELAYED PROCESS.
WHILE THE RCRA REGULATIONS WOULD DEAL PRINCIPALLY WITH CURRENT AND
PROSPECTIVE HANDLING AND DISPOSAL PROCEDURES INVOLVING TOXIC WASTES, THE
LOVE CANAL EMERGENCY HAS FOCUSED ATTENTION ON ANOTHER DEADLY ASPECT OF
THIS PROBLEM . . . THE HUNDREDS, PERHAPS THOUSANDS, OF INACTIVE AND
ABANDONED HAZARDOUS WASTE DISPOSAL SITES THAT POCKMARK OUR NATION.
ANOTHER MAJOR QUESTION FOR EPA, THEREFORE, IS TO DETAIL WHAT IT IS
AND IS NOT DOING ABOUT THE INACTIVE SITE PROBLEM. DOES EPA ALREADY HAVE
ADEQUATE LEGAL AUTHORITY TO FASHION AN EFFECTIVE PROGRAM OF DEALING WITH
INACTIVE SITES? IS FURTHER FEDERAL LEGISLATION REQUIRED? IF SO, WHAT
IS BEING DONE BY THE AGENCY TO PROPOSE SUCH LEGISLATION?
THE LOVE CANAL EMERGENCY RAISES SOME SERIOUS QUESTIONS ABOUT HOW WELL
EQUIPPED THE FEDERAL GOVERNMENT IS TO PARTICIPATE WITH THE STATES AND
LOCAL AGENCIES IN DEALING WITH THE DEADLY SERIOUS PROBLEMS THAT CAN
ARISE IN CONNECTION WITH INACTIVE SITES.
THE FACT THAT THE CONGRESS HAD TO APPROVE A SPECIAL APPROPRIATION TO
PROVIDE $4 MILLION TO SUPPORT THE EMERGENCY CLEANUP IN THE LOVE CANAL
AREA CLEARLY SUGGESTS THAT ADEQUATE AUTHORITY AND ADVANCED PREPARATION
ARE AREAS OF FEDERAL PARTICIPATION THAT MAY NEED IMPROVEMENT. THE
FEDERAL GOVERNMENT, THROUGH EPA, MUST DEVELOP A CAPABILITY -- A RESERVE
OF TECHNICAL AND FINANCIAL RESOURCES -- THAT CAN BE MADE AVAILABLE
QUICKLY TO DEAL WITH FUTURE LOVE CANALS.
MR. CHAIRMAN, THESE HEARINGS SHOULD KINDLE A GREATER SENSE OF URGENCY
ABOUT COPING WITH THE HAZARDOUS WASTE CRISIS. THIS IS A CLASSIC EXAMPLE
OF THE MAXIM: "AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE." THE
SOONER THIS NEW REGULATORY PROGRAM IS IN PLACE, THE SOONER WE CAN PUT A
CAP ON WHAT HAS BEEN A HAPHAZARD, OFTEN INDISCRIMINATE FLOW OF POISON
INTO OUR ENVIRONMENT. EXPENDING OUR ENERGIES NOW, AS QUICKLY AS
POSSIBLE, WILL UNDOUBTEDLY SAVE MILLIONS OF DOLLARS IN LONG-TERM
REMEDIAL WORK AND ELIMINATE COUNTLESS THREATS TO HEALTH AND SAFETY.
SIMULTANEOUSLY, WE MUST ALSO BE CONCERNED ABOUT THE IMPACT THIS
FEDERAL REGULATORY DELAY IS HAVING ON EFFORTS BY THE STATES TO DEAL
COMPREHENSIVELY WITH THIS PROBLEM. MY HOME STATE OF NEW YORK, FOR
EXAMPLE, THIS YEAR ENACTED THE INDUSTRIAL HAZARDOUS WASTE MANAGEMENT
ACT, WHOSE IMPLEMENTATION IS TRIGGERED BY THE FEDERAL REGULATIONS. THE
BUFFALO EVENING NEWS, THE OTHER MAJOR DAILY NEWSPAPER IN BUFFALO, NOTED
IN A SEPTEMBER 25, 1978, EDITORIAL:
OBVIOUSLY, HOWEVER, NEW YORK'S RULES MUST COMPLY WITH WHATEVER
STANDARDS EPA EVENTUALLY ESTABLISHES. MEANWHILE, STATE ENVIRONMENTAL
OFFICIALS SAY THEY ARE HAMPERED IN CONTRACTING WITH FIRMS FOR
IMPLEMENTING SAFEGUARDS BECAUSE THE LATTER ARE RELUCTANT TO UNDERTAKE
DISPOSAL PROGRAMS SO LONG AS THE EVENTUAL FEDERAL RULES REMAIN
UNCERTAIN.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 011 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
IF WE EXPECT A MAJOR STATE AND LOCAL EFFORT IN THIS AREA, THE FEDERAL
GOVERNMENT MUST EXERT MORE ACTIVE LEADERSHIP ON THIS CRITICAL ISSUE.
MR. CHAIRMAN, UNQUESTIONABLY WE ALL RECOGNIZE THE SEVERITY OF THE
HAZARDOUS WASTE PROBLEM, A DEADLY LEGACY OF OUR INDSTRIALIZED
CIVILIZATION.
I LOOK FORWARD TO WORKING WITH YOU, THE SUBCOMMITTEE AND EPA IN
HASTENING OUR SEARCH FOR SOLUTIONS. THIS WILL BE AN EXPENSIVE,
LONG-TERM PROCESS AND I HOPE TODAY'S HEARING MARKS A NEW ERA IN
STIMULATING AND SUSTAINING IT.
I WOULD JUST LIKE, WHILE I HAVE THIS OPPORTUNITY, TO COMPLIMENT MY
COLLEAGUE JOHN LAFALCE, IN WHOSE AREA THE LOVE CANAL EXISTS. HIS WORK
AND HIS LEADERSHIP HAVE REALLY STIMULATED THE FEDERAL GOVERNMENT AND THE
STATE TO TAKE THE ACTIONS THEY HAVE TAKEN ON BEHALF OF THOSE PEOPLE WHO
HAVE SUFFERED HEALTH AND NOW RELOCATION PROBLEMS. I THINK HE HAS DONE A
WONDERFUL JOB AND SHOULD BE COMPLIMENTED FOR IT AS THE LEADER IN THIS
EFFORT.
(TESTIMONY RESUMES ON P. 65.)
(THE ARTICLES FROM THE BUFFALO COURIER-EXPRESS, REFERRED TO, FOLLOW).
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 012 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
MICHAEL DESMONS, A REPORTER FOR THE COURIER-EXPRESS HAS TRAVELED
5,200 MILES CRISS-CROSSING THE COUNTRY IN THE LAST SEVERAL WEEKS TO FIND
OUT HOW AND WHERE THE MOUNTAINS AND RIVERS OF HAZARDOUS CHEMICALS WASTES
ARE BEING STORED.
WHAT HE LEARNED WAS THAT THE NATION IS SITTING ON COUNTLESS CHEMICAL
TIME BOMBS THAT COULD GO OFF WITHOUT WARNING FOR GENERATIONS TO COME.
AT STAKE, AMONG OTHERS AS YET UNKNOWN, ARE CANCER, MISCARRIAGES, GENETIC
DEFECTS, DEATH.
"I'M APPALLED AT THE LOCK OF KNOWLEDGE ON THE PART OF GOVERNMENT
AGENCIES AS TO WHAT IS GOING ON," DESMOND SAID, ADDING:
"TOO MANY AGENCIES OF STATE GOVERNMENT SEEM TO BE FINANCED FOR SHOW,
RATHER THAN FOR EFFECT IN THE FIELD. AS FOR THE FEDERAL GOVERNMENT, THE
ENVRIONMENTAL PROTECTION AGENCY IS SO SNARLED IN ITS OWN BUREAUCRACY
THAT IT IS VIRTUALLY POWERLESS."
DESMOND HAS BEEN WITH THE COURIER-EXPRESS SINCE 1969, EXCEPT FOR A
STINT AS DEPUTY PRESS SECRETARY TO NEW YORK ASSEMBLY SPEAKER STANLEY
STEINGUT, D-BROOKLYN.
AT PRESENT, HE IS A MEMBER OF THE NEWSPAPER'S SPECIAL PROJECTS TEAM.
PREVIOUSLY, HE HELD VARIOUS OTHER EDITORIAL PSOTS, INCLUDING THAT OF
ALBANY CORRESPONDENT.
A BUFFALO NATIVE, HE IS A GRADUATE OF CANISIUS HIGH SCHOOL AND HOLY
CROSS COLLEGE IN WORCESTER, MASS. HE ALSO ATTENDED THE UNIVERSITY OF
BUFFALO LAW SCHOOL AND DID GRADUATE WORK AT BUFFALO STATE COLLEGE.
OUTSIDE OF BUFFALO, HE HAS WORKED FOR NEWSPAPERS IN LOCKPORT AND
UTICA. HE HAS WON AWARDS FOR NEW WRITING FROM THE STATE ASSOCIATED
PRESS ASSOCIATION AND THE BUFFALO NEWSPAPER GUILD.
MICHAEL DESMOND . . . COURIER-EXPRESS REPORTER.
PHOTOGRAPH OMITTED.
TO DATE, DESMOND'S PURUIST OF THE SCANDALOUS HAZARDOUS WASTE STODY
HAS TAKEN HIM TO WASHINGTON, D.C., CLEVELAND AND AKRON, OHIO, WASHINGTON
AND CHARLESTON, W. VA., BATON ROUGE AND NEW ORLEANS, LA., HOUSTON,
TEXAS, CHICAGO AND WILSONVILLE, ILL., MUSKEGON, MONTAGUE AND GRAND
RAPIDS, MICH., BRIDGEPORT, TRENTON, NEWARK AND ELIZABETH, N.J., NIAGARA
FALLS AND NEW YORK CITY, ATLANTA, ST. LOUIS, BALTIMORE, PHILADELPHIA,
PITTSBURGH, AND ROANOKE, VA.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 013 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
THE JOURNEY OF A COURIER-EXPRESS REPORTER . . . 5,2000 MILES IN
PURSUITE OF THE TOXIC WASTE STORY.
MAP OMITTED.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 014 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
BY MICHAEL DESMOND 1978 BUFFALO COURIER-EXPRESS, INC.
THERE IS A SEA OF HAZARDOUS CHEMICALS WASHING ACROSS THIS NATION, A
SEA WHICH PROVIDES A HUGH THREAT TO THE HEALTH OF PRESENT AND FUTURE
GENERATIONS, AN EXTENSIVE INVESTIGATION BY THE COURIER-EXPRESS HAS
DISCOVERED.
THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) ESTIMATES 5.6 BILLION
POUNDS OF HAZARDOUS WASTE IS PROPERLY DISPOSED OF EACH YEAR. THAT IS
ONLY SIX PERCENT OF THE ESTIMATED 92 BILLION POUNDS OF HAZARDOUS WASTE
ACTUALLY GENERATED EACH YEAR.
THAT LEAVES 86.4 BILLION POUNDS TO PERIL THE NATION'S POPULACE.
DESPITE THE CLEAR NUMBERS THEY ARE REALLY GUESSES: NO ONE KNOWS WHAT
THE REAL FIGURES ARE.
THE EPA ESTIMATES THERE ARE 20,000 DUMP SITES FOR HAZARDOUS MATERIALS
OPERATING NOW, BUT HAS NO IDEA HOW MANY OTHER THOUSANDS HAVE BEEN USED
AND CLOSED. THE FORMER DUMPS MAY BE AT LEAST AS DANGEROUS AS THE
PRESENT ONES. AND NO ONE KNOWS HOW LONG A "SECURE" DUMP SITE WILL
REMAIN SAFE -- A YEAR, A DECADE, A GENERATION.
NO ONE KNOWS WHAT TO DO ABOUT THE NEW CHEMICALS PRODUCED BY INDUSTRY
EACH YEAR.
THERE ARE THOUGHT TO BE 1,000 NEW CHEMICALS BORN EACH YEAR,
ON TOP OF THE 70,000 WHICH ALREADY EXIST, AND NO PERSON OR
AGENCY KNOWS HOW TO DISPOSE OF MANY OF THEM SAFELY AND
PERMANENTLY.
IN THE MIDDLE AGES, ALCHEMISTS TRIED TO TURN BASE MATERIALS INTO
GOLD. IN A RELIGIOUS AND SUPERSTITIOUS AGE, THE ALCHEMISTS WERE FEARED
BECAUSE THEY WERE PLAYING IN A FIELD RESERVED TO GOD.
TODAY, SCIENTISTS ARE ALSO ALCHEMISTS. THEY TAKE OIL AND GAS AND
WATER AND SALT AND TURN THEM INTO PROFITABLE CHEMICALS AND PALSTICS AND
TEXTILES.
BUT, BEHIND THEM, THEY ARE LEAVING A LEGACY FOR UNTOLD GENERATIONS.
THE WASTE MATERIALS OF AN INDUSTRIAL AGE ARE SEEPING INTO THE AIR WE
BREATHE, THE WATER WE DRINK AND THE LAND ON WHICH WE GROW OUR FOOD.
ONCE, PEOPLE COULD FLEE A FLOOD BY GOING TO THE NEAREST HIGH GROUNDS
AND WATCH THE FURIOUS WATERS SIMPLY LASH UNAVAILINGLY AT THEM. IN THE
INDUSTRIAL AGE, THERE IS NO HIGH GROUND: WITNESS:
IN AN INDUSTRIAL AREA OUTSIDE THE SMALL TOWN OF WASHINGTON W. VA.,
WORKERSAT THE L.B. FOSTER METAL PIPE MANUFACTURING PLANT WERE SHOCKED TO
DISCOVER THE GROUND EXPLODED IF THEY TRIED TO DIG INTO IT. NO ONE WAS
INJURED. RESEARCH DISCLOSED THE TRACT HAD BEEN USED IN 1959 BY
CARBORUNDUM METAL AND RADIOACTIVE ORE FROM A ZIRCONIMUM TUBE
MANUFACTURING PLANT. WHEN FOSTER BOUGHT THE SITE TWOYEARS AGO, IT WAS A
CORNFIELD
- AT A ROAD INTERSECTION IN THE FARM COUNTRY OF CENTRAL OHIO, NEAR
ADRON, A VISIT BY THE COURIER-EXPRESS FOUND THOUSANDS OF DRUMS AND TANKS
OF CHEMICALS SITTING ON A FORMER STRIP COAL MINE. THEY CONTAIN
EVERYTHING FROM PAINT THINNER TO A COMPLICATED CHEMICALS USED TO MAKE
THE DEADLY PESTICIDES MIREX AND KEPONE. THE SITE ISN'T EVEN FENCED.
- IN THE AGING INDUSTRIAL CITY OF LOWELL, MASS., WASTE FROM A
MISMANACED WASTE TREATMENT SITE IS CONTAMINATING A RIVER USED DOWNSTREAM
FOR DRINKING WATER. CHEMICALS FOUND IN THE MERRIMACK RIVER INCLUDE TWO
CHEMICALS WHICH CAUSE CANCER IN LABORATORY ANIMALS, CHLOROFORM AND
TRICHLOROETHYLENE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 015 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
- IN BAYOU SORRELL, LA., A FEW WEEKS AGO, A 19-YEAR OLD BOY WAS
KILLED WHEN CAUSTIC CHEMICALS HE WAS DUMPING FROM A TANK TRUCK INTO A
LAKE OF CHEMICALS REACTED TOGETHER PRODUCING A DEADLY GAS. HE DIED
ALMOST IMMEDIATELY. GOVERNMENT INVESTIGATORS WERE INITIALLY DENIED
ADMISSION TO INVESTIGATE BY THE OPERATOR OF THE LAGOON.
- NOT FAR FROM FAYOU SORREL, A 100-SQUARE-MILE AREA AROUND DARROW AND
GEISMAR WAS CONTAMINATED WITH THE TOXIC CHEMICAL HEXACHLOROBENZENE
SEVERAL YEARS AGO. THE MATERIAL WAS DUMPED ON THE LAND AND CATTLE WERE
CONTAMINATED AFTER THEY GRAZED IN GRASS GROWING OUT OF THE SOIL.
- WASTE FROM THE ROCKY MOUNTAIN NATIONAL ARSENAL NEAR DENVER HAS
CONTAMINATED 30 SQUARE MILES OF UNDERGROUND WATER, DAMAGED 6.5 SQUARE
MILES OF FARMLAND AND MAY HAVE CAUSED EARTHQUAKES. THE DEFENSE
DEPARTMENT RECENTLY ESTIMATED IT WILL COST $78 MILLION TO CLEAN UP THE
MESS.
- IN MUSKEGON, MICH., A CHEMICAL COMPNAY WENT BROKE. A SUBSEQUENT
SITE EXAMINATION BY A PURCHASER AND THE STATE DEPARTMENT OF NATURAL
RESOURCES TURNED UP THOUSANDS OF DRUMS OF CHEMICALS STASHED INTE WOODS
BEHIND THE PLANT.
- IN THE DESERT OF SOUTHWESTERN IDAHO, NEAR BOISE, WESCON, INC. HAS
TAKEN OVER A TITAN MISSILE SILO AND TURNED IT INTO A GIANT MAUSOLEUM FOR
DANGEROUS WASTES. ALREADY, GIANT BLAST DOORS INTENDED TO PROTECT
MISSILES AGAINST ATOMIC BLASTS HAVE BEEN CLOSED OVER SEVERAL SILOS OF
WAST CHEMICALS LEAVING THEM FOR THE FUTURE.
- A "MIDNIGHT HAULER" DUMPED TOXIC CHEMICALS CALLED PCBS ALONG 250
MILES OF ROAD NEAR RALEIGH, N.C. IN EARLY AUGUST.
- IN THE GULF OF MEXICO, ALONG THE GULF COAST OF LOUISIANA AND TEXAS,
DRUMS APPARENTLY CONTAINING METALLIC SODIUM WASTE, HAVE TURNED UP IN
FISHING NETS. SOME HAVE EXPLODED, WRECKING NETS AND KILLING AT LEAST
ONE FISHERMAN.
- IN THE CHEMICAL INDUSTRY CENTER OF NIAGARA FALLS, AN ABANDONED
CHEMICAL WASTE DUMP IN THE CITY'S LOVE CANAL NEIGHBORHOOD BEGAN TO LEAK
CANCER-CAUSING CHEMICALS LESS THAN 25 YEARS AFTER THE BEST TECHNOLOGY OF
THE DAY WAS USED TO SEAL IT. THIS IS WHAT PROMPTED THE EXTENSIVE LOOK
BY THE COURIER-EXPRESS INTO THE ENTIRE HAZARDOUS WASTE SITUATION.
"I'M SURE ALL THE STATE ARE GOING TO BE FACING THESE KINDS OF
PROBLEMS," COMMENTED TOM COOK, HAZARDOUS WASTE SECTION CHIEF FOR THE
WASHINGTON STATE DEPARTMENT OF ECOLOGY.
HAZARDOUS MATERIALS CAN TURN UP ANYWHERE. A ONCE THRIVING FISHING
INDUSTRYIN VIRGINIA'S JAMES RIVER AND IN PARTS OF CHESAPEAKE BAY HAS
BEEN CRIPPLED BY THE INTENSELY DANGEROUS PESTICIDE KEPONE. THIS
MATERIAL LEAKED OUT OF TWO MANUFACTURING PLANTS IN HOPEWELL, VA. SOME
OF IT WAS SIMPLY DUMPED DOWN THE DRAIN.
SUBSEQUENTLY, AN EAP REPORT CITED LIFE SCIENCE PRODUCTS CO. FOR ITS
"CARELESS MANUFACTURING AND DISPOSAL PRACTICES" WHICH LED TO
"DELETERIOUS HEALTH EFFECTS ON THE PRODUCTION WORKERS" OF THE HOPEWELL
SEWAGE TREATMENT PLANT.
MANY WORKERS AT THE LIFE SCIENCE AND THE SEMI-WORKS PLANT OF THE
ALLIED CHEMICAL CORP., NEARBY, MAY NEVER RECOVER FROM A SHAKING PALSY OR
THE INTERNAL DAMAGE BROUGHT ON IN MAKING THE PESTICIDE.
THE PESTICIDE MIREX HAS BEEN FOUND IN SIGNIFICANT QUANTITIES IN LAKE
ONTARIO. MIREX AND THE VIRGINIA PESTICIDE WERE DUMPED FROM THE NIAGARA
FALLS PLANT OF THE HOOKER CHEMICALS AND PLASTICS CORP. IN ADDITION,
SOME SCIENTISTS SUSPECT NATURAL ACTION IN THE LAKE IS TURNING SOME OF
THE MIREX INTO KEPONEX.
BOTH ARE MADE FROM A CHEMICAL HOOKER CALLS "C-56."
AT A HOOKER PLANT IN MONTAGUE, MICH., A FEW MILES NORTH OF MUSKEGON,
WASTE MATERIAL FROM THE MANUFACTURE OF C-56 WAS DUMPED ON A SITE INSIDE
THE PLANT NOT FAR FROM WHITE LAKE, A LOCAL SOURCE OF WATER AND
RECREATION.
THE C-56 HAS TURNED UP IN WELLS IN THE IMMEDIATE PLANT AREA AND STATE
OFFICIALS SAY IT IS "MIGRATING" TOWARD WHITE LAKE.
BRUCE DAVIS, EXECUTIVE VICE PRESIDENT OF THE INDUSTRIAL CHEMICALS
GROUP FOR HOOKER, TOLD THE COURIER-EXPRESS MIREX WAS NEVER MADE, STORED
OR HANDLED IN MONTAGUE. BUT MIREX HAS BEEN FOUND IN THE DUMP SITE
THERE.
THERE IS SPECULATION THAT SOMEHOW THE C-56 MOLECULES IN THE DUMP
REACTED TOGETHER TO FORM THE DANGEROUS MIREX.
MORE THAN TWO DECADES AGO, THE PESTICIDE 2,4-D MYSTERIOUSLY TURNED UP
IN GROUND WATER AT ROCKY MOUNTAIN ARESENAL. THE 2,4-D APPARENTLY WAS
PRODUCED DEEP IN THE EARTH FROM A VARIETY OF PESTICIDE AND CHEMICAL
WARFARE WASTES DUMPED INTO LAGOONS ON ARSENAL GROUNDS.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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AFTER THE LAGOONS WERE FOUND TO BE DEFECTIVE BECAUSE THEY LEAKED, THE
ARSENAL DRILLED A WELL MORE THAN TWO MILES INTO THE GROUND AND OVER A
THREE YEAR PERIOD PUMPED 165 MILLION GALLONS OF THE WASTES INTO THE
GROUND.
A SERIES OF EARTHQUAKES IN THE AREA BEGAN SHORTLY AFTER THE WASTE
BEGAN TO BE PUMPED DOWN THE WELL. SOME SCIENTISTS THINK THE MATERIAL IN
SOME WAY LUBRICATED ROCK AND CAUSED THE QUAKES.
THIS IS THE SUBJECT OF WIDE DISPUTE. HOWEVER, EPA NOTED IN A REPORT
ON THE WASTE PROBLEM AT ROCKY MOUNTAIN ARESENAL, "CORRELATION OF THE
INJECTION OF LARGE VOLUMES OF LIQUID INTO THE WELL WITH EARTHQUAKES IN
THE DENVER AREA CAUSED THIS OPERATION TO CEASE IN 1966."
AN INDUSTTIAL SOCIETY IS NOW PAYING THEPIPER FOR THE CHEMICAL WONDERS
WHICH SURROUND US. ALMOST EVERY CHEMICAL PROCESS LEAVES A WASTE IN THE
AIR, THE WATER OR THE LAND WHOSE ABILITY TO ACCEPT WHAT HAS BEEN DUMPED
HAS BEEN OVERLOOKED.
THE ABILITY OR THE DESIRE OF TOO MANY GOVERNMENTS TO DO ANYTHING
ABOUT WHAT IS GOING ON IS DOUBTFUL. WITHOUT ADEQUATE FEDERAL
REGULATION, STATES CAN ATTRACT INDUSTRY BY NOT CHECKING TOO CLOSELY WHAT
INDUSTRIES ARE DOING WITH THEIR WASTE.
SOME UNSCRUPULOUS PERSONS OR COMPANIES PROCLAIM THEMSELVES TO BE
WASTE TREATERS OR HAULERS AND HAUL THE WASTE OFF INTO THE NIGHT, TO
DISPOSE OF THE MATERIAL BY THE SIDE OF THE ROAD, INTO REGULAR GARBAGE
DUMPS OR INTO SCENIE AREAS LIKE THE SANDY FORESTS OF THE PINE BARRENS OF
SOUTHERN NEW JERSEY.
AS LONG AS INDUSTRIAL WASTE IS PRODUCED, IT HAS TO GO SOMEWHERE.
PERHAPS THE MOST TRUTHFUL RESPONSE TO WHAT HAPPENS THEN CAME FROM
BURKE LOKEY, A PUBLIC HEALTH ENGINEER WITH THE RADIATION AND HAZARDOUS
WASTE CONTAMINATION DIVISION OF THE COLORADO HEALTH DEPARTMENT.
HE SAID, "WE DON'T CARE AS LONG AS THEY TAKE IT OUT OF STATE."
SUNDAY: EPA AND GOVERNMENT INACTION.
EPA ESTIMATES THE 14 LARGEST WASTE-PRODUCING INDUSTRIES POUR OUT 28
MILLION TONS PER YEAR. ON A REGIONAL BASIS, THE WASTE IS DISTRIBUTED
THIS WAY, IN MILLIONS OF TONS AND PERCENTAGES;
TABLE OMITTED.
THE INDUSTRIES ARE BATTERY MAKING; ORGANIC CHEMICALS, PESTICIDES AND
EXPLOSIVES, INORGANIC CHEMICALS; PETROLEUM REFINING; PAINT AND ALLEID
PRODUCTS; TEXTILES; RUBBER AND PLASTICS; PRIMARY METALS; METAL
MINING; PETROLEUM RE-REFINING; PHARMACEUTICALS; LETHER; TANNING AND
FINISHING; SPECIAL MACHINERY; AND ELECTROPLATING.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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WASHINGTON -- NEW REGULATIONS GOVERNING THE MANAGEMENT TRANSPORTATION
AND DISPOSAL OF HAZARDOUS WASTES WILL NOT BE ISSUED UNTIL JANUARY, 1980,
THE ENVIRONMENTAL PROTECTION AGENCY ANNOUNCED FRIDAY.
STAFFEN PLEHN, DEPUTY ASSISTANT ADMINISTRATOR FOR SOLID WASTE, TOLD A
PACKED PUBLIC METTING THAT ALTHOUGH THE LAW REQUIRED THEM TO BE
PROMULGATED LAST APRIL, THE NEW REGULATIONS WOULD BE DELAYED FOR MORE
THAN A YEAR.
"IF IT WERE WITHIN OUR POWER WE WOULD WANT TO HAVE AN OPERATIONAL
HAZARDOUS AND SOLID WASTE REGULATORY PROGRAM IN PLACE IMMEDIATELY,"
PLEHN SAID. "HOWEVER, THAT IS NOT POSSIBLE."
WHEN ASKED WHAT THE AGENCY HAD BEEN DOING FOR THE PAST 18 MONTHS,
PLEHN REPLIED THAT IT WAS DELAING WITH THE "VERY DIFFICULT TECHNICAL,
FINANCIAL, LEGAL AND ENVIRONMENTAL ISSUES" THAT THE LAW PROVIDES.
HE REFUSED TO ANSWER ANY SUBSTANTIVE QUESTIONS DEALING WITH THE
PROPOSED RULES THEMSELVES, RESTRICTING QUESTIONING TO THE LIMITED ISSUE
OF THE TIMETABLE.
CONGRESS PASSED THE RESOURCE CONSERVATION AND RECOVERY ACT TO DEAL
WITH HAZARDOUS WASTES. THE LAW STIPULATED THAT THE REGULATIONS SHOULD
BE PROMULGATED "NO LATER THAN 18 MONTHS" AFTER ENACEMENT. THE LAW WAS
PASSED IN OCTOBER, 1976.
THE STATE OF ILLINOIS AND TWO ECOLOGY ORGANIZATIONS, ENVIRONMENTAL
DEFENSE FUND AND ENVIRONMENTAL ACTION, HAVE BROUGHT SEPARATE SUITES
AGAINST EPA FOR FAILING TO ENACT THE REGULATIONS.
OTHER GROUPS, SUCH AS THE NATIONAL SOLID WASTE MANAGEMENT
ASSOCIATION, HAVE PUT EPA ON NOTICE THAT THEY ALSO WILL SUE IF THE RULES
ARE NOT ISSUED SOON.
THE NEW TIMETABLE IS A LENGTHY LIST OF MEETINGS, HEARINGS, REVIEWS,
AND ASSESSMENTS. EPA OFFICIALS SAID ALL THE ACTIONS WERE NEEDED TO
INSURE "FULL PUBLIC PARTICIPATION."
"THESE ARE THE BEST PROCEDURES WE'VE BEEN ABLE TO DEVISE AS AN
AGENCY," PLEHN SAID.
PLEHN ALSO SAID THAT THE PROCEDURE COULD BE SHORTENED OR LENGTHENED,
DEPENDING ON WHAT THE AGENCY'S REVIEW OF PUBLIC COMMENTS SHOWS.
AT FRIDAY'S MEETING, REPRESENTATIVES FROM INDUSTRIES WHO DEAL IN
HAZARDOUS WASTES STOOD FULLY BEHIND THE EXPANDED TIMETABLE.
"THE PROMULGAITON DATE WAS SET BY CONGRESS WITHOUT UNDERSTANDING THE
DIFFICULTY," SAID ROBERT HARNESS OF MONSANTO. "CONTRARY TO POPULAR
BELIEF, THE EXTENDED SCHEDULE WILL NOT MEAN OPEN SEASON FOR HAZARDOUS
WASTES."
OTHER INDUSTRY REPRESENTATIVES ECHOED HARNESS, SAYING THEY THOUGHT
THE TIMETABLE WAS "REALISTIC."
THEY ALSO COMPLAINED, HOWEVER, THAT THE NEW REGULATIONS COULD END UP
BEING TOO BROAD. HARNESS SAID THAT "RELATIVELY INOCUOUS WASTES" WOULD
BE INCLUDED UNDER THESE RULES.
SOME EPA SOURCES SAID THAT THE NEW TIMETABLE WAS DRAWN UP BECAUSE
THEY WERE AFRAID TO ENACT TOUGHER RULES IN THE EMOTIONAL WAKE OF LOVE
CANAL AND SIMILAR SITUATIONS ELSEWHERE. THEY SAID THEY WOULD PREFER TO
TAKE THEIR TIME AND WAIT UNTIL THE CLAMOR HAD DIED DOWN.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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MIREX -- A PESTICIDE USED AGAINST FIRS ANTS. IT IS THOUGHT TO CAUSE
LIVER DAMAGE AND SOME ANIMAL BIRTH DEFECTS.
KEPONE -- A PESTICIDE USED AGAINST ANTS AND ROACHES. IT IS SUSPECTED
AS A CHEMICAL WHICH CAUSES CANCER IN HUMANS. IT IS KNOWN TO CAUSE NERVE
DISORDERS AND LIVER DAMAGE IN HUMANS.
CHLOROFORM -- A CHEMICAL USED AT ONE TIME AS AN ANESTHETIC. IT IS A
CAUSE OF ANIMAL CANCER.
TRICHLOROETHYLENE -- AN INDUSTRIAL SOLVENT. IT CAUSES CANCER IN
LABORATORY ANIMALS.
HEXACHLOROBENZENE -- A BYPRODUCT OF THE MANUFACTURE OF INDUSTRIAL
SOLVENTS. IT CAN EVENTUALLY CAUSE LIVER DAMAGE.
PCB -- THE TERM USED TO DESCRIBE ABOUT 200 CHEMICALS KNOWN AS
POLYCHLORINATED BIPHENYLS. THEY ARE USED IN THE ELECTRICAL INDSUTRY AND
IN PLASTICS. MANUFACTURE IS NOW BANNED. THEY CAUSE LIVER DAMAGE TO
HUMANS AND HAVE A VARIETY OF BAD EFFECTS ON FISH AND WILDLIFE.
SODIUM -- A METAL WHICH EXPLODES ON CONTACT WITH AIR. IT IS USUALLY
STORED SO IT WILL NOT BE SO EXPOSED.
C-56 -- THE TRADE NAME OF THE HOOKER CHEMICALS & PLASTICS CORP. FOR
HEXACHLOROCYCLOPENTADIENE. VERY LITTLE IS KNOWN ABOUT ITS EFFECTS ON
HUMANS BUT IN INDUSTRIAL USE VERY LOW EXPOSURE IS RECOMMENDED.
2,4-D -- A HERBICIDE SOMETIMES USED TO KEEP DOWN WEEDS IN ROADSIDE
DITCHES. IT IS KNOWN AS 2,4-D BECAUSE THE FULL NAME IS
2,4-DICHLOROPHENOXYACETIC ACID.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE SECOND IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH THE INEPTITUDE OF THE FEDERAL
AGENCY WHICH SHOULD BE ATTACKING THE PROBLEM, BUT WHICH APPARENTLY IS
NOT EVEN AWARE OF ITS SERIOUSNESS.
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY IS SO SNARLRED IN ITS OWN
BUREAUCRACY THAT IT APPARENTLY HAS NOT YET REALIZED IT IS AT WAR WITH A
DEADLY ENEMY: THE MOUNTAINS AND RIVERS OF TOXIC WASTES THAT ARE
THREATENING THE NATION'S HEALTH AND SAFETY.
THERE IS NOT OTHER WAY TO EXPLAIN WHY FEWER THAN 200 OF EPA'S NEARLY
11,000 EMPLOYEES HAVE BEEN MUSTERED TO FIGHT THE CHEMICAL FOE.
THE BUILDING IN WHICH THE EPA IS LOCATED IN WASHINGTON, D.C., IS A
PERFECT MATCH FOR THE AGENCY -- ALMOST TOTALLY CONFUSING.
THE STRUCTURE, CALLED THE WATERSIDE MALL, IS A MISTURE OF TWO TOWERS
WITH A LOW SLUNG OFFICE AND SHOPPING SECTION CONNECTING THEM. VISITORS
ARE ISSUED MAPS TO TRY TO HELP THEM AROUND THE COMPLEX AND EPA WORKERS
ADMIT THEY FREQUENTLY GET LOST THEMSELVES.
EPA IS A YOUNG AGENCY WITH BURGEONING RESPONSIBILITIES. IT IS
SUPPOSED TO DO EVERYTHING FROM CHECKING GAS MILEAGE ON CARS TO
CONTROLLING THE DUMPING OF HAZARDOUS CHEMICALS INTO THE ENVIRONMENTAL.
NEARLY EVERYTHING THE AGENCY DOES IS CONTROVERSIAL. INDUSTRY ATTACKS
EPA BECAUSE PROPOSALS ARE TOO EXPENSIVE. ENVIRONMENTALISTS ATTACK EPA
BECAUSE THE AGENCY ISN'T MOVING FAST ENOUGH. CITIZENS ATTACK EPA FOR
NOT DOING SOMETHING ABOUT MYRIAD PROBLEMS.
AND, EVEN IN AN ERA OF BIG GOVERNMENT, EPA IS BIG GOVERNMENT.
DOUGLAS M. COSTLE HAS BEEN ADMINISTRATOR OF EPA SINCE MARCH 5, 1977.
IN THE FEDERAL FISCAL YEAR WHICH STARTS OCT. 1, EPA WILL SPEND $1.2
BILLION. THERE ARE 10.946 BUDGET EPA EMPLOYEES. YET, ONLY $25.2
MILLION WILL BE FOR HAZARDOUS WASTES, AND ONLY 161 WORKERS -- IN
HEADQUARTERS AND IN THE 10 REGIONAL OFFICES -- ARE WORKING ON THE
PROBLEM. OF THE $25.2 MILLION, $15 MILLION IS GOING TO THE STATES TO
HELP THEM LOOK INTO THE PROBLEM.
ENVIRONMENTAL GROUPS HAVE SUED EPA FOR ADMINISTRATIVE SLOTH. ON
APRIL 21, THE AGENCY WAS SUPPOSED TO RELEASE REGULATIONS TO PUT THE
RESOURCE CONSERVATION RECOVERY ACT (RCRA) INTO EFFECT. THIS WAS 18
MONTHS AFTER PRESIDENT GERALD R FORD SIGNED THE LEGISLATION INTO LAW.
BUT EPA IS 21 MONTHS BEHIND SCHEDULE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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RCRA HAS THREE MAIN GOALS. THEY ARE THE ENCOURAGEMENT OF CONSERVING
RESOURCES RATHER THAN DISPOSING OF THEM; IMPROVING THE DISPOSAL OF ALL
SOLID WASTES TO PROTECT PUBLIC HEALTH AND ENVIORNMENTAL QUALITY; AND,
REGULATING HAZARDOUS WASTES FROM GENERATION TO DISPOSAL. THE LAWS
ENCOURAGE STATES TO ACT ON THEIR OWN. BUT, IF THEY DON'T EPA WILL
ENFORCE THE ACT.
GARY DIETRICH, ASSOCIATE DEPUTY ASSISTANT ADMINISTRATOR FOR SOLID
WASTE FOR EPA, TOLD THE COURIER-EXPRESS IN HIS WASHINGTON OFFICE THE
CURRENT TARGET FOR "PROMULGATION" OF THE REGULATIONS IS JANUARY 1980.
HE CALLED THAT SCHEDULE "PRETTY DAMN TIGHT" AT THE PRESENT RATE OF
PROGRESS.
NEITHER THE STATE OF ILLINOIS NOR THE DUAL GROUP OF THE ENVIRONMENTAL
DEFENSE FUND (EDF) AND ENVIRONMENTAL ACTION (EA) HAVE MUCH SYMPATHY FOR
EPA.
ILLINOIS ATTORNEY GENERAL WILLIAM J. SCOTT SUED EPA ON SEPT. 7 OVER
ITS FAILURE TO PRODUCE THE REGULATION. HE SAID:
"WE'VE GOT TO PROVIDE SAFE MEANS FOR STORAGE AND DISPOSAL OF TOXIC
WASTES IN ORDER TO BOTH SERVE OUR INDUSTRY AND TO PROTECT THE HEALTH OF
CITIZENS. WE CAN DO IT, THE LAW IS ON THE BOOKS, AND NOW IS THE TIME
FOR THE FEDERAL GOVERNMENT AND ITS EMPLOYEES TO LIVE UP TO THE LAW AND
ACT." "THE THREAT TO HEALTH POSED BY HAZARDOUS WASTE IS CLEAR," SAID EDF
SCIENCE ASSOCIATE LESLIE DACH.
"UNLESS PROPERLY TAKEN CARE OF, TI WILL COME BACK TO HAUNT US AND OUR
CHILDREN," THE EDF OFFICIAL CONTINUED.
A. BLAKEMAN EARLY, A LEGISLATIVE REPRESENTATIVE FOR EA, NOTED, "ONE
MAJOR PROBLEM IS THAT THOSE DISPOSAL SITE OPERATORS WHO KNOW THEY CAN
NOT MEET EPA'S REGULATIONS ARE LOADING TOXIC, POISONOUS WASTES INTO
THEIR SITES AS FAST AS POSSIBLE BEFORE THESE REGULATIONS ARE ISSUED.
THE LONGER EPA WAITS TO ISSUE REGULATIONS, THE MORE THE TOXIC DISPOSAL
PROBLEM GROWS."
DACH OF EDF ASKED, "EPA ACTS AS IF THE LAW WERE A MEANINGLESS SCRAP
OF PAPER. THEY SIT AROUND WHILE NEARLY TWO BILLION MORE POUNDS OF
POISONS ARE UNSAFELY DISPOSED OF EVERY WEEK. HOW MANY MORE LOVE CANALS
DO WE NEED TO GET SOME ACTION?"
"THE "LOVE CANAL" REFERS TO A FORMER CHEMICAL WASTE DUMP IN NIAGARA
FALLS. IN 1976, FOR REASONS WHICH ARE NOT YET CLEAR, THE DUMP BEGAN TO
LEAK HIGH CONCENTRATIONS OF CHEMICALS, SOME OF WHICH CAUSE CANCER IN
HUMANS AND LABORATORY ANIMALS. NEW YORK STATE IS COMMITTED TO MOVING
237 FAMILIES AWAY FROM THE AREA AND CLEANING IT UP.
A NUMBER OF OTHER GROUPS ARE EXPECTED TO SUE EPA OVER ITS FAILURE TO
ISSUE NEW, TOUGH REGULATIONS.
COMPANIES IN THE WASTE DISPOSAL FIELD ARE RELUCTANT TO INVEST IN NEW
FACILITIES TO HANDLE HAZARDOUS WASTE BECAUSE THEY DON'T KNOW IF THE
FACILITIES WILL MEET THE EPA REGULATIONS TOBE ISSUED IN 1980. EARLIER
PROPOSED REGULATIONS HAVE ALREADY BEEN DRASTICALLY CHANGED AND THERE
WILL BE MORE CHANGES.
THE MONEY TO GO INTO HAZARDOUS WASTE MANAGEMENT CAN BE SIGNIFICANT.
EDWARD R. SHUSTER, VICE PRESIDENT MARKETING SALES FOR NEWCO CHEMICAL
WASTE SYSTEMS INC., IN NIAGARA FALLS, TOLD THE COURIER-EXPRESS IT MIGHT
COST $20 MILLION TO JUST BUILD ONE INCINERATOR WHICH COULD PROPERLY
HANDLE THE
CARL GOSLIN, ASSISTANT TECHNICAL DIRECTOR OF THE MANUFACTURING
CHEMISTS ASSOCIATION (MCA) IN WASHINGTON, COMMENTED, "IT TAKES $10
MILLION TO BUILD A PROPERLY DESIGNED PLANT -- AT AN OFF HAND ESTIMATE".
THE MCA IS THE TRADE GROUP FOR THE GREAT CHEMICAL COMPANIES.
THERE IS NO GREAT RUSH INTO A FIELD WHICH REMAINS SO UNCERTAIN
WITHOUT THE FINAL RULES AND REGULATION.
MUCH OF THE EPA EFFORT HAS BEEN FIRE FIGHTING. AGENCY OFFICIALS AND
WORKERS ARE CONSTANTLY BEING SENT INTO AREAS WHERE CHEMICAL SITUATIONS
HAVE GONE HAYWIRE.
IN THE OLD TEXTIEL TOWN OF LOWELL, MASS., A BANKRUPT CHEMICAL STORAGE
AND TREATMENT COMPANY SITE IS LEAKING TOXIC CHEMICALS INTO A NEARBY
RIVER WHICH PROVIDES WATER FOR LAWRENCE, MASS. DOWNSTREAM. THERE ARE
ESTIMATED TO BE 15,000 DRUMS OF A WIDE VARIETY OF CHEMICALS ON THE SITE
AND HUNDREDS OF THOUSANDS OF GALLONS OF CHEMICALS IN STORAGE TANKS.
VARIOUS CHEMICAL WASTE TREATMENT COMPANIES HAVE BEEN ASKED FOR BIDS
ON COST OF REMOVAL OF THE MATERIALS AND CLEANUP OF THE SITE.
EVEN WITHOUT THE LONG-DELAYED REGULATIONS, EPA IS STUMBLING INTO
ACTION. IN THE FISCAL YEAR WHICH ENDS SEPT. 30, THE AGENCY HAS GIVEN
$3.8 MILLION TO STATES TO SURVEY CHEMICAL WASTES AND THEIR ULTIMATE
DISPOSAL. IN THE FISCAL YEAR WHICH STARTS OCT. 1, THAT WILL RISE TO $15
MILLION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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ACCORDING TO DIETRICH, EPA HAS TO DO THIS. "THE STATUTE IS SILENT ON
INACTIVE SITES. IT SEEMS TO DEAL WITH PROSPECTIVE PROBLEMS," HE NOTED.
SO, EPA IS DOING NOTHING ITSELF ABOUT CLOSED SITES.
THE VIEW DRAWS FIRE. EARLY, OF ENVIRONMENTAL ACTION, SCOFFS, "IT'S A
REACTION TO A REALIZATION THAT THERE ARE MORE WASTES OUT THERE THAN EPA
CAN HANDLE," HE SAID. THIS GROUP IS PART OF THE COALITION WHICH SUED
EPA ON WEDNESDAY.
SOME OF THE SAME GROUPS SUED EPA EARLIER OVER ITS FAILURE TO ISSUE
REGULATIONS UNDER THE SAFE DRINKING WATER ACT OF 1974. UNDER A CONSENT
DECREE, THE AGENCY IS STILL WORKING TO STUDY LIST OF 129 POLLUTANTS.
EPA HAD BEEN REQUIRED TO ESTABLISH METHODS FOR CONTROL AND ANALYSIS
OF TOXIC SUBSTNACES IN WASTE WATER. WHEN THE AGENCY FAILED TO DO IT, IT
WAS SUED. ON JUNE 7, 1976, EPA SIGNED THE CONSENT DECREE AGREEING TO DO
WHAT IT WAS SUPPOSED TO DO.
OF THE 129 CHEMICALS, IT HAS FINALLY REACHED A DECISION ON HOW IT
WILL ANALYZE ALL OF THEM. NOW, IT PLANS TO START MEASURING THEM AT
VARIOUS PLACES AROUND THE COUNTRY. THEN, BASED ON THE RESULTS, RULES
AND REGULATIONS WILL BE WRITTEN.
SINCE EPA CAN'T MEET VARIOUS DEADLINES IN THE CONSENT DECREE, EARLY
COMMENTED TO THE COURIER-EXPRESS, "IT RAISES THE QUESTION OF WHAT CAN BE
DONE WITH A LAWSUIT." HE NOTED THE AGENCY IS 18 MONTHS LATE ON THE
CONSENT DECREE.
MUCH OF THE PROBLEM IS THAT MANY OF THESE CHEMICALS HAVE BEEN USED
FOR YEARS, WITHOUT ANYBODY KNOWKING VERY MUCH ABOUT THEM. NOW
SOPHISTICATED PROCEDURES HAVE TO BE USED TO SET LIMITS ON THEM IN WATER.
EPA IS ALSO FACING SOME INTERNAL PROBLEMS. ENVIRONMENTALISTS CLAIM
SOME OF ITS REGIONS ARE NOT VERY ACTIVE IN DEALING WITH THE PROBLEMS OF
HAZARDOUS CHEMICALS.
ONE REGION OFTEN CITED IS THAT HEADQUARTERED IN DALLAS WHICH COVERS
TEXAS, OKLAHOMA, NEW MEXICO, LOUISIANA AND ARKANSAS. THIS IS THE
HEATLAND OF AMERICA'S PETRO-CHEMICAL INDUSTRY.
DIETRICH NOTED A RECENT TELEPHONE CONFERENCE AMONG ALL REGIONAL
DIRECTORS TO DISCUSS THE HAZARDOUS WASTE SITUATION AND A PLANNED MEETING
THIS MONTH IN WASHINGTON. HE WANTS ALL REGIONS ACTIVE ON THE PROBLEM.
BUT, THE REGIONAL STRUCTURAL WEAKNESSES OF EPA WERE CLEAR WHEN HE
COMMENTED, "WE AT EPA HEADQUARTERS DON'T KNOW HOW MANY HAZARDOUS WASTE
SITES THERE ARE OUT THERE." HE SAID IT WAS UP TO THE STATES AND THE
REGIONAL OFFICES TO KNOW, BUT MOST OF THE DON'T KNOW EITHER.
IN AN ADMISSION THAT CUTS TO THE HEART OF THE ENTIRE PROBLEM,
DIETRICH SAID, "WE DON'T KNOW VERY MUCH ABOUT WHERE PEOPLE ARE TOSSING
HAZARDOUS WASTES."
MONDAY: ILLEGAL DUMPING OF TOXIC WASTES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE THIRD IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH TOXIC WASTE DUMPING PRACTICES,
LEGAL AND ILLEGAL.
THERE ARE TWO WAYS TO DISPOSE OF HAZARDOUS CHEMICAL WASTES -- LEGALLY
AND ILLEGALLY. AND THE ILLEGAL WAY IS BY FAR THE MOST COMMON.
"MIDNIGHT HAULERS," AS ILLEGAL WASTE-DUMPERS ARE KNOWN, ARE FAMILIAR
FIGURES IN THE CHEMICAL INDUSTRY. THEY ARE ESPECIALLY FAMILIAR AMONG
SMALLER CHEMICALLY-ORIENTED COMPANIES WHICH CANNOT AFFORD THE HIGH COSTS
OF LEGAL WASTE TREATMENT OR DISPOSAL.
HOW EXPENSIVE IS LEGAL WASTE TREATMENT? ONE OPERATOR OF A WELL-KNOWN
CHEMICAL WASTE TREATMENT PLANT CITED THIS EXAMPLE TO THE
COURIER-EXPRESS: TO TURN ONE TYPE OF CHEMICAL INTO HARMLESS MATERIAL
COSTS $5 A GALLON. THE CHEMICAL COMES IN 55-GALLON DRUMS. THE COST,
THEN, IS $275 PER DRUM. MULTIPLIED BY THE THOUSANDS OF DRUMS WHICH MUST
BE DISPOSED OF, AND THE COSTS WOULD BE ASTRONOMICAL.
E.I. DUPONT DENEMOURS & CO. INC., FOR EXAMPLE, WILL SPEND $35 MILLION
THIS YEAR TO OPERATE ITS DISPOSAL SYSTEM FOR CHEMICAL WASTES FROM ITS
OWN VAST COMPLEX OF PLANTS ACROSS THE NATION. THE FIRM SAID IT EXPECTS
TO SPEND EVEN MORE NEXT YEAR.
C. EDWARD ASHBY JR. IS WELL AWARE OF THE "MIDNIGHT HAULER" PROBLEM.
HE IS VICE PRESIDENT-EASTERN REGION FOR ROLLINS ENVIRONMENTAL SERVICES
INC. IN BRIDGEPORT, N.J., A DISPOSAL FIRM LOCATED NOT FAR FROM THE
STATE'S RUSTIC PINE BARRENS. HE GRIMACES WHEN "MIDNIGHT HAULING" IS
MENTIONED AS AN ALTERNATIVE TO PROPER DISPOSAL, BUT ADMITS IT IS COMMON.
NEW JERSEY IS A CHEMIST'S DREAM. FROM THE INDUSTRIAL COMPLEX ACROSS
THE DELAWARE RIVER FROM PHILADELPHIA TO THE MILES OF INDUSTRY ACROSS THE
HUDSON RIVER FROM NEW YORK CITY, THE STATE IS A GIANT TEST TUBE.
CURRENTLY, THE STATE PRODUCES 350,000 TONS OF CHEMICAL WASTE A YEAR
AND 1.2 BILLION GALLONS MORE WHICH IS DUMPED INTO THE OCEAN, ACCORDING
TO DR. RONALD BUCHANAN, CHIEF OF THE BUREAU OF HAZARDOUS AND CHEMICAL
WASTES IN THE STAT'S DEPARMENT OF ENVIRONMENTAL PROTECTION IN TRENTON.
BUT, HE IS WELL AWARE OF THE PINE BARRENS AND ITS COUNTERPART IN
NORTH JERSEY, THE MEADOWLANDS, WHERE ILLEGAL DUMPING IS COMMON.
MANY STATES HAVE EQUIVALENT ILLEGAL DUMPING AREAS. KENNETH WEISS, A
RESEARCH ENGINEER FOR THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL IN DOVER, NOTED, "FROM WHAT WE HAVE LEARNED FROM
OUR WASTE INVESTIGATION, MOST OT IT IS GOING OUT OF STATE."
HOWEVER, THE DEPARTMENT MAKES NO ATTEMPT TO VERIFY RECORDS SHOWING AN
OUT OF STATE DESTINATION, HE ADMITTED.
MANY STATES HAVE LAWS OR RULES ON THE BOOKS TO TAKE CARE OF HAZARDOUS
WASTES. BUT, HERE IS LITTLE OR NO STAFF TO ENFORCE THE LAWS, SO THEY
ARE LARGELY JUST FOR SHOW.
"WE DON'T HAVE THE ABILITY WITH OUR CURRENT STAFFING TO DO MORE THAN
BREAK THE TIP OF THE ICEBERG," WAS THE COMMENT OF JAMES SNYDER, CHIEF OF
THE OPERATIONS AND COMPLIANCE SECTION OF THE SOLID WASTE MANAGEMENT
DIVISION OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES.
THIS ISN'T A PROBLEM CONFINED TO THE LARGE INDUSTRIAL STATES. "WE'RE
CERTAIN THERE ARE THINGS THAT ARE GOING ON WE DON'T KNOW ABOUT,"
COMMENTED DENNIS DALLEY, ASSOCIATED DEPUTY DIRECTOR OF HEALTH IN THE
ENVIRONMENTAL HEALTH SERVICES BRANCH IN THE DIVISION OF HEALTH IN THE
UTAH DEPARTMENT OF SOCIAL SERVICES. HE IS ONE OF THREE STATE EMPLOYEES
IN THE HAZARDOUS WASTE FIELD.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 023 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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NEW JERSEY . . . "GIANT TEST TUBE."
DRAWING OMITTED
LOUISVILLE, KY. FOUND OUT ABOUT ILLEGAL DUMPING IN THE SPRING OF
1977. A SERIES OF TOXIC CHEMICALS USED TO MAKE PESTICIDES WERE DUMPED
DOWN A SEWER. THE CHEMICALS CONTAMINATED THE SEWER SYSTEM AND SENT 35
SEWER PLANT WORKERS FOR MEDICAL TREATMENT.
FOR NEARLY THREE MONTHS, 100 MILLION GALLONS OF RAW SEWAGE A DAY WAS
PUT INTO THE OHIO RIVER BECAUSE THE MORRIS FOREMAN TREATMENT PLANT COULD
NOT BE USED.
FINAL CLEANUP OF SEWER LINES TOOK MORE THAN A YEAR, WHILE MUCH RAW
SEWAGE CONTINUED TO FLOW INTO A MAJOR RIVER. A GROUP OF EMPLOYEES AND
OFFICIALS OF AN INDIANA CHEMICAL FIRM WERE INDICTED IN FEDERAL COURT FOR
VIOLATING THE FEDERAL WATER POLLUTION CONTROL ACT.
RECENTLY, MIDNIGHT DUMPERS POURED TOXIC PCB ALONG 210 MILES OF ROAD
OUTSIDE RALEIGH, N.C.
"THERE ARE STATES, MINNESOTA IS ONE, UNLIKE NEW YORK WHO HAVE PUT
THEIR HEAD IN THE SANDS," COMMENTED DR. CHARLES A. JOHNSON, TECHNICAL
DIRECTOR OF THE NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION IN
WASHINGTON, D.C. HE ADDED:
"AS LONG AS WE CONTINUE TO BE AN INDUSTRIAL SOCIETY WE ARE GOING TO
HAVE INDUSTRIAL WASTES."
HIS GROUP LOBBIED HARD FOR THE FEDERAL RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA). AT THE SAME TIME, THE ASSOCIATION DOESN'T THINK
THE LAW PROVIDES ENOUGH PROTECTION INTO THE DISTANT FUTURE.
AND, THE FUTURE IS THE PROBLEM.
WHEN THE HOOKER CHEMICALS & PLASTICS CORP. BURIED ITS WASTE IN THE
INDUSTRIAL DREAM THAT WAS THE LOVE CANAL AREA OF NIAGARA FALLS, IT WAS
USING THE STANDARD APPROACH OF THE TIME. THE CHEMICALS TURNED INTO A
NIGHTMARE WHICH HAUNTS THE QUIET NEIGHBORHOOD AND MAY HAUNT ITS
RESIDENTS FOR A GENERATION OR MORE.
SO, AS THE HORRIBLE EXAMPLE OF THE LOVE CANAL INDICATES, THERE ARE
EVEN PROBLEMS WITH LEGAL DUMPS.
THE LOVE CANAL WAS A CHEMICAL WASTE DUMP WHICH WENT WRONG. THE BAD
DUMPS AROUND THE COUNTRY -- AND THERE ARE PROBABLY MANY THOUSANDS OF
THEM -- ARE TICKING TIME BOMBS. IN THE LOVE CANAL, THE BOMB HAS GONE
OFF. CHEMICALS FROM THE LEAKING SITE ARE THOUGHT TO HAVE CAUSED BIRTH
DEFECTS AND MISCARRIAGES, AND HAVE FORCED EVACUATION OF A SECTION OF
NIAGARA FALLS.
WHAT FORMER DUMP SITE WILL GO OFF NEXT? THERE IS NO WAY TO TELL.
THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE GOVERNMENT UNIT
RESPONSIBLE FOR PROTECTING THE NATION'S HEALTH FROM SUCH CALAMITIES,
ADMIST IT DOES NOT EVEN KNOW WHERE THE SITES ARE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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SOME WASTE IS SUPPOSED TO BE BURNED, FEDERAL REGULATIONS REQUIRE THAT
PCBS BE BURNED IN SPECIAL INCINERATORS AT 2,100 DEGREES. BUT, THERE IS
NO PUBLIC INCINERATOR IN THE COUNTRY LICENSED TO BURN LIQUID PCBS. SO,
THEY HAVE TO BE STORED UNTIL EPA CAN LICENSE INCINERATORS.
SOME CHEMICALS ARE CLEANED AND MIXED AND USED A FUELS IN INDUSTRIAL
PROCESSES. SINCE THE OIL EMBARGO OF FIVE YEARS AGO, INDUSTRY IS MUCH
MORE AWARE OF THIS SOURCE OF HEAT, ONE LARGE TREATMENT PLANT USES ABOUT
10 PERCENT OF THE WASTES IT HANDLES AS A FUEL SUPPLEMENT.
SOME CHEMICALS CAN BE TREATED AND CLEANED AND REUSED. THIS IS
ESPECIALLY TRUE OF INDUSTRIAL SOLVENTS. ONE PLANT RECYCLES 10 PERCENT
ON THE AVERAGE.
SOME LIQUID WASTE CAN BE TREATED TO PRECIPITATE OUT THE CONTAMINANT
IN THE FORM OF A SLUDGE. THE WATER IS THEN CLEANED AND DISCHARGED.
USUALLY THE SLUDGE IS BURIED. BUT, SOME METALS CAN BE RECLAIMED IF
CONCENTRATED ENOUGH.
SOMETIMES WASTE ITSELF CAN BE EXCHANGED WITH OTHER COMPANIES AND USED
AS A SOURCE MATERIAL BY THE SECOND COMPANY. CURRENTLY, LITTLE OF THIS
IS BEING DONE.
THERE ARE THREE LAST RESORTS. DUMPING IN A SECURE LAND FILL IS ONE.
PUMPING MATERIAL SEVERAL MILES INTO THE GROUND IN A DEEP WELL IS A
SECOND. AND, HAULING THE MATERIAL OUT INTO THE OCEAN OR GULF OF MEXICO
IS THE THIRD.
OF COURSE, THERE IS AN ALTERNATIVE COMPANIES HAVE BEEN RELUCTANT TO
USE AS LONG AS DISPOSAL, AT PRESENT, IS CHEAPER: REDUCING THE AMOUNT OF
WASTE TO BE DISPOSED OF. THIS CAN BE DONE BY MAKING PRODUCTING MORE
EFFICIENT OR BY CHANGING THE BASIC PROCESSES.
JAMES REILLY, CORPORATE DIRECTOR OF ENVIRONMENTAL AFFAIRS FOR DUPONT
IN WILMINGTON, DEL., COMMENTED ON EFFICIENCY: "THAT GETS TO BE THE
TOPIC OF ANY MANUFACTURING DISCUSSION."
BRUCE DAVIS, EXECUTIVE VICE PRESIDENT FOR HOOKER'S INDSUTRIAL
CHEMICALS GROUP, NOTED HIS FIRM HAS SPENT $5 MILLION IN NIAGARA FALLS ON
ONE OF ITS INDUSTRIAL PROCESSES. IT RESULTED IN "A HELL OF A LOT MORE
EFFICIENCY AND ONE OF THE SAVINGS IS LESS DISPOSAL RESIDUE."
IN ANOTHER PROCESS IN NIAGARA FALLS, HE SAID, "WE'VE ESSENTIALLY
ELIMINATED ANY MATERIAL GOING TO LANDFILL OR SEWER SYSTEM."
DAVIS SAID THE TECHNOLOGY INVOLVED IN THIS CHANGE WILL BE SOLD TO
OTHER COMPANIES IN THE FIELD BY HOOKER. "WE ARE ONE OF THE LEADING
PURVEYORS OF CHLORALKALI TECHNOLOGY IN THE WORLD," HE NOTED. THIS
INVOLVES TURNING SALT AND WATER INTO COMMERCIAL CHEMICALS.
SIMPLY TRYING TO THROW AWAY THE WASTES ISN'T THE ANSWER BECAUSE IT
DOESN'T WORK.
OCEAN DUMPING WILL BE STOPPED, BY LAW AFTER DEC. 31, 1981. IT HAS
BEEN THE SUBJECT OF FIERCE ATTACK.
ON AUG. 23, SHRIMP FISHERMEN FROM FREEPORT, TEXAS ATTACKED AN EPA
PROPOSAL TO PTERMIT THE FEDERAL ENERGY DEPARTMENT TO DUMP SALT BRINE
INTO A FISH SPAWNING GROUND. THE BRINE IS BEING PUMPED OUT OF AN
UNDERGROUND SALT FORMATION TO MAKE ROOM FOR OIL STORAGE THROUGH THE
GOVERNMENT'S STRATEGIC PETROLEUM RESERVE PROGRAM.
THE OIL IS EING STORED TO BE USED IN THE EVENT OF ANOTHER OIL
EMBARGO. THE BRINE IS SO MUCH SALTIER THAN THE OCEAN THAT IT COULD
POLLUTE THE SPAWNING GROUNDS.
LONNIE VANDERGRIFFT IS PRESIDENT OF THE FREEPORT SHRIMP ASSOCIATION
AND A DIRECTOR OF GULF COAST FISHERMAN'S DEFENSE FUND. BOTH GROUPS ARE
CONSIDERING A FEDERAL COURT SUIT AGAINST THE PROPOSAL. VADERGRIFFT
SAID: "THE EPA IS SUPPOSED TO BE AGAINST OCEAN DUMPING. BUT, THIS WILL
BE JUST LIKE A SEWER LINE INTO THE GULF."
CURRENTLY, THE EPA IS SUPERVISING THE ANNUAL DUMPING OF 1.5 MILLION
TONS OF WASTE OFF THE NEW JERSEY SHORE, DR. PETER ANDERSON, CHIEF OF THE
MARINE PROTECTION BRANCH FOR EPA'S REGION 2 IN NEW YORK CITY, TOLD THE
COURIER-EXPRESS.
MOST OF THE WASTE IS EITHER CHEMICALLY BASIC, AS IS THE OCEAN, OR
ACIDIC WHICH IS NEUTRALIZED INTO A SALT BY THE OCEAN. SOME TOXIC
PESTICIDE WASTES AND PESTICIDES ARE ALSO DUMPED. ANDERSON CLAIMED THEY
DETERIORATE IN THE OCEAN. GARBAGE AND SEWAGE ARE ALSO DUMPED AND HAVE
WASHED BACK ON SHORE.
REP. BOB ECKHARDT, D-TEXAS WAS INFLUENTIAL IN PUSHING FOR THE NOW
REQUIRED END TO MOST DUMPING. HE POINTED OUT TO THE COURIER-EXPRESS
THAT ONE STEEL COMPANY USED TO DUMP 1,000 POUNDS OF CYNIDE INTO THE
HOUSTON SHIP CAHNNEL EACH DAY. EVENTUALLY, FORMER TEXAS GOVERNOR JOHN
CONNALLY WAS CALLED IN BY THE COMPANY TO GET EPA OFF ITS BACK ABOUT THE
WASTE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 025 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
THE NEW YORK BIGHT IS A GIANT BLOT IN THE ATLANTIC OCEAN OFF LONG
ISLAND AND THE SHORE OF NEW JERSEY.
THE BIGHT IS FORMED BY MONTAUK POINT, CAPE MAY, N.J., AND THE EDGE OF
THE OUTER CONTINENTAL SHELF. INTO THIS AREA, UNDER EPA SUPERVISION, 1.5
MILLION TONS OF MUNICIPAL SLUDGE ACID WASTE, CONSTRUCTION DEBRIS AND
CHEMICAL WASTE WERE DUMPED LAST YEAR.
THERE ARE FOUR SPECIFIC AREAS FOR DUMPING INSIDE THE BIGHT.
A NUMBER OF SCIENTIFIC INVESTIGATIONS HAVE DOCUMENTED
SEVERAL ADVERSE ENVIRONMENTAL IMPACTS FROM THE DUMPING.
EIGHTY-SIX PERCENT OF ALL OCEAN DUMPING ALLOWED BY EPA IS IN THE NEW
YORK BIGHT. OTHER DUMPING PLACES ARE OFF THE COAST OF PUERTO RICO AND
THE PACIFIC COAST.
"CONNALLY WENT UP TO WASHINGTON AND HAD SOME CONVERSATIONS WITH THE
DEPARTMENT OF JUSTICE. IT WAS OUT OF EPA'S HANDS," ECKHARDT TOLD THE
COURIER-EXPRESS.
ECKHARDT SAID A LETTER TURNED UP WHICH SHOWED EPA WAS ORDERED TO
REOPEN THE CASE. CONNALLY, WHO WAS ALSO FORMALLY TREASURY SECRETARY,
WAS LATER PUBLICLY PRAISED BY THE PRESIDENT OF THE STEEL COMPANY.
FINALLY, TIGHTER CONTROLS WERE PUT ON BY CONGRESS.
ECKHARDT HAS BEEN PUSHING ON THE DUMPING SITUATION, EVEN THOUGH HE
ADMITS, "I REALLY DO HAVE MORE OF THE CHEMICAL INDUSTRY IN MY DISTRICT
THAN ANY OTHER CONGRESSMAN."
THE ISSUE REMAINS TOUCHY:
ON AUG. 23, THE ETHYL CORP. WITHDREW A NEW APPLICATION FOR OCEAN
DUMPING IN THE GULF OF MEXICO WHEN EPA RULED THAT BOTH HOUSTON
NEWSPAPERS COULD USE THE FREEDOM OF INFORMATION ACT TO FIND OUT WHAT THE
COMPANY WAS DUMPING. ETHYL WAS THE LAST COMPANY TO HAVE A FEDERAL
PERMIT TO DUMP IN THE GULF.
WHEN EPA BEGAN TO REGULATE GULF DUMPING IN 1973, THERE WERE SEVEN
COMPANIES DUMPING. BEFORE THAT, THE PRACTICE WAS LOOKSELY REGULATED BY
THE ARMY CORPS OF ENGINEERS.
IT ISN'T KNOWN EAXCTLY WHAT ETHYL WANTED TO DUMP, ALTHOUGH
IN THE PAST THE FIRM HAS DUMPED CALCIUM AND SODIUM SLUDGE
IN AN AREA 50 MILES OFF THE MISSISSIPPI DELTA. INSTEAD, THE
COMPANY SAID, IT WILL INCINERATE ITS WASTE.
SOME OTHER COMPANIES NO LONGER DUMPING IN THE GULF ARE NOW BURYING
THEIR WASTE.
AT ONE TIME, THE GULF WAS CLOSE TO BEING A MAIN DUMPING GROUND FOR
MIDDLE AMERICA. REP. ECKHARDT NOTED:
"I STARTED COMPLAINING A LONG TIME AGO. PEOPLE WERE SHIPPING DRUMS
DOWN THE OHIO RIVER TO DUMP IN THE GULF OF MEXICO."
TUESDAY: EPA DELAY STALLS TREATMENT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 026 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE FOURTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION.
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY IS DELAYING MORE AND
BETTER TREATMENT OF CHEMICAL WASTES BECAUSE OF ITS TARDINESS IN SETTING
GROUND RULES FOR THE INDUSTRY.
THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) OF 1976 WAS
DESIGNED TO MANAGE HAZARDOUS AND CHEMICAL WASTE. BUT EPA, HEADED BY
ADMINISTRATOR DOUGLAS M. COSTLE, HAS NOT YET TOLD POTENTIAL INVESTORS
WHAT RULES AND REGULATIONS WILL BE ON WASTE HANDLING. THE ACT REQUIRED
THE REGULATIONS TO BE WRITTEN BY APRIL 1978. BUT EPA SIAD IT WILL NOT
COMPLETE THE WORK UNTIL 1980.
SOPHISTICATED WASTE TREATMCNT IS A SMALL BUT GROWING FIELD, FACING
GROWING OPPOSITION BY NEIGHBORS OF TREATMENT PLANT SITES.
CITIZENS ARE WORRIED THAT THE WASTE TREATMENT PLANT SET UP IN THEIR
NEIGHBORHOOD WILL GO BROKE AND LEAVE BEHIND LAKES OF CHEMICALS AND DRUMS
OF UNKNOWN MATERIALS TO POSE A HEALTH THREAT.
THERE IS REASON FOR THAT KIND OF WORRYING:
- MICHIGAN RECENTLY SPENT $700,000 IN PONTIAC CLEANING UP 20,000
DRUMS O- TOXIC WASTES AFTER ANKERSON RESOURCE RECOVERY SYSTEMS WENT
BROKE.
- THE COAST GUARD HAS JUST SPENT $1.9 MILLION IN OSWEGO, CLEANING UP
LIQUID WASTES AFTER POLLUTION ABATEMENT SERVICES (PAS) WENT OUT OF
BUSINESS.
NEW YORK STATE'S PROPOSED SUPPLEMENTAL BUDGET INCLUDES $750,000 TO BE
USED TO FIND OUT WHAT IS IN THE PAS DRUMS AND HOW MUCH IT WILL COST TO
PROCESS THE WASTES. THE DRUMS ARE SPLIT BETWEEN OSWEGO AND A WAREHOUSE
IN NEARBY MEXICO, N.Y.
COMPANIES IN THE WASTE TREATMENT FIELD CLAIM THAT WASTES CAN BE
"PROPERLY" DISPOSED OF. BUT, NONE SAY IT'S EASY. AND NO ONE CAN SAY
"PERMANENTLY."
THERE IS CONSIDERABLE SKEPTICISM IN THE INDUSTRY ABOUT BURIED WASTES.
NO MATTER HOW WELL DESIGNED AND HOW WELL BUILT THE WASTE BURIAL VAULTS
ARE, NO ONE IS REALLY CERTAIN HOW LONG THEY WILL LAST.
WHAT BURYING THE WASTE REALLY DOES IS LEAVE TODAY'S PROBLEMS FOR
FUTURE GENERATIONS.
"WHEN YOU GET IN THAT BUSINESS, YOU HAVE TO BE IN THE BUSINESS OF
RUNNING A CHEMICAL PLANT," ACCORDING TO CARL GOSLIN, ASSISTANT TECHNICAL
DIRECTOR OF THE MANUFACTURING CHEMISTS ASSOCIATION (MCA). THE MCA IS A
TRADE GROUP FOR CHEMICAL PRODUCERS IN WASHINGTON, D.C.
GOSLIN ONCE RAN A WASTE TREATMENT SITE IN DELAWARE. SINCE CHEMICALS
ARE GOING IN AND CHEMICALS ARE GOINT OUT, A TREATMENT PLANT MUST BE
OPERATED AS IF IT WERE AN INITIAL MAKER OF CHEMICALS.
PROPER DISPOSAL OF CHEMICALS AND WASTE WHICH CANNOT BE
TURNED TO ANOTHER USE FILL COST A LOT OF MONEY.
"WE ARE GOING TO HAVE THE COSTS OF DISPOSAL BUILT INTO THE COST OF
THE ITEM," REMARKED DR. CHARLES A. JOHNSON, TECHNICAL DIRECTOR OF THE
NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION. BUT ONE THING IS FOR SURE:
THE CONSUMER WILL FOOT THE BILL.
NO ONE CAN TELL WHAT THE EXTRA COST WILL BE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 027 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
JOHNSON'S ASSOCIATION IS A LOBBYING GROUP IN WASHINGTON FOR THE
ENTIRE SOLID WASTE INDUSTRY. A SMALL SEGMENT OF THE GROUP HANDLES
HAZARDOUS AND CHEMICAL WASTES.
JOHNSON ADMITS THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT
COULD BE A REAL BOON TO HIS GROUP'S MEMBERS IN THE CHEMICAL FIELD. THAT
IS, IF THE EPA EVER GETS THE REGULATIONS OUT TO IMPLEMENT THE LAW. EPA
ANNOUNCED ON FRIDAY THAT IT WILL ISSUE ITS REGULATIONS IN JAN. 1980 --
21 MONTHS LATE.
THE REGULATIONS WERE DUE IN APRIL, 18 MONTHS AFTER THE RCRA BECAME
LAW.
ON SEPT. 7, ILLINOIS ATTORNEY GENERAL WILLIAM J. SCOTT FILED SUIT
AGAINST THE EPA FOR ITS FAILURE TO PUT THE REGULATIONS INTO EFFECT.
LAST WEDNESDAY, ALSO IN FEDERAL DISTRICT COURT IN WASHINGTON, TWO
ACTIVIST GROUPS, ENVIRONMENTAL ACTION AND THE ENVIRONMENTAL DEFENSE
FUND, ALSO SUED EPA FOR THE LACK OF REGULATIONS.
WITHOUT THE RULES, COMPANIES ARE RELUCTANT TO INVEST IN THE TREATMENT
FIELD BECAUSE THE INVESTMENTS MIGHT WIND UP IN VIOLATION OF THE FINAL
RULES.
AT THE SAME TIME, THE RULES WILL GUARANTEE THE EXISTENCE OF THE WASTE
TREATMENT INDUSTRY. BASIC TO RCRA IS THE IDEA THAT THE COMPANY WHICH
GENERATES WASTE IS RESPONSIBLE FOR WHATEVER HAPPENS TO IT. UNDER THE
LAW, THE COMPANY MUST PROVE ITS WASTE WAS PROPERLY DISPOSED OF IN AN
APPROVED SITE.
THERE WILL BE MUCH LESS OPPORTUNITY FOR "MIDNIGHT HAULERS,"
THE CLANDESTINE OPERATORS WHO SPILL WASTES INTO SEWERS,
ROADSIDE DITCHES, DRINKING WATER SOURCES OR WHATEVER.
NOW, CHEMICAL WASTEPRODUCERS CAN SIMPLY COP OUT BY SAYING TO FEDERAL
OR STATE INVESTIGATORS THEY HAD HIRED A REPUTABLE HAULER. THE PRODUCERS
CAN CLAIM TO HAVE NO RESPONSIBILITY FOR LATER ILLEGAL DISPOSAL.
JIM HUNT, WHO OVERSEES LICENSING OF WASTE HAULERS FOR THE INDIANA
BOARD OF HEALTH, NOTED:
"WE DON'T HAVE THE CONTROLS OF MANPOWER TO GET TOTALLY ON TOP OF TE
PROBLEM. WHILE THIS STATE HAS A LIQUID INDUSTRIAL WASTES CONTROL
PROGRAM, THERE IS STILL MUCH ILLICIT TRAFFIC. IT IS WIDESPREAD, WITH A
LOT OF INTERSTARE MOVEMENT, AND DIFFICULT TO TRACE."
BASIC TO THE WHOLE PROBLEM IS THAT NO ONE REALLY KNOWS HOW MUCH
HAZARDOUS WASTE IS GENERATED, EXACTLY WHERE IT GOES OR EVEN EXACTLY HOW
TO DEFINE HAZARDOUS WASTE.
EPA THROWS AROUND ESTIMATES OF 96 BILLION POUNDS A YEAR, WITH 80
PERCENT GOING INTO ON-PREMISES FACTORY SITES AND THE OTHER 20 PERCENT
GOING INTO THE 20,000 PRIVATE DUMP SITES. ONLY 5.6 BILLION POUNDS ARE
PROPERLY DISPOSED OF, EPA ADMITS. THAT'S ONLY 6 PERCENT.
HAZARDOUS WASTE OBVIOUSLY INCLUDE WASTE WHICH CAN CAUSE CANCER, CAN
CAUSE BIRTH DEFECTS, AND CAUSE GENETIC DEFECTS OR AN EVEN CAUSE
IMMEDIATE DEATH. BUT, THERE IS ALSO WASTE WHICH CAN EXPLODE OR WASTE
WHICH IS DANGEROUS ONLY IN VERY HIGH CONCENTRATIONS.
REPUTABLE WASTE TREATMENT OPERATORS OFFER A VARIETY OF SERVICES.
INITIALLY, THEY TEST TO SEE EXACTLY WHAT IT IS A WASTE GENERATOR
WANTS HANDLED. IF IT IS SOMETHING THE TREATMENT FIRM CAN HANDLE, THE
PLANT CAN EVEN PICK IT UP. WHEN THE MATERIAL ARRIVES, IT IS CHECKED
AGAIN TO MAKE CERTAIN IT IS WAHT IT IS SUPPOSED TO BE.
PROPER ANALYSIS SHOULD CLEAR ANY OBSCURITIES CAUSED BY THE USE OF
CHEMICAL TRADE NAMES WHICH DO NOT INDICATE THE ACTUAL CHEMICAL.
WASTE TREATMENT FIRMS MAINTAIN ELABORATE FACILITIES FOR ELECTRONIC,
MECHANICAL AND CHEMICAL TESTS OF WASTE TO MAKE CERTAIN THE FIRM KNOWS
WHAT THE STUFF IS.
SOME WASTE MUST SIMPLY BE BURNED. THE FEDERAL GOVERNMENT REQUIRES
THAT LIQUIDS OF THE HIGHLY TOXIC PCB FAMILY BE BURNED IN INCINERATORS
WHICH CAN MAINTAIN A TEMPERATURE OF 2,100 DEGREES FAHRENHEIT FOR LONG
PERIODS.
SINCE NOT A SINGLE PUBLIC INCINERATOR INTHE COUNTRY IS LICENSED TO DO
THAT, PCB IS PILING UP ALL OVER THE COUNTRY. OR, IT IS BEING ILLEGALLY
DUMPED.
EPA ESTIMATES THAT ONE MILLION GALLONS A YEAR OF LIQUID PCB WASTE
WILL BE PRODUCED FOR THE NEXT 25 YEARS. DISPOSAL FIRMS ARE UNWILLING TO
INVEST IN BUILDING INCINERATORS UNTIL THE EPA ISSUES ITS LONG-DELAYED
REGULATIONS.
SOME MATERIALS MUST BE BURIED IN "SECURE LANDFILLS." THESE AREN'T
JUST DUMPS ANY MORE, AS THE LOVE CANAL IN NIAGARA FALLS REALLY WAS.
ELECTRICAL MATERIALS MADE WITH PCB IN SOLID FORM CAN BE BURIED IN SECURE
LANDFILLS.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 028 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
LIQUID WASTES ARE HANDLED DIFFERENTLY. TREATMENT DEPENDS ON EXACTLY
WHAT THEY ARE. C. EDWARD ASHBY, VICE PRESIDENT EASTERN REGION FOR
ROLLINS ENVIRONMENT ENVIRONMENTAL SERVICES, INC., BRIDGEPORT, N.J., SAID
HIS DISPOSAL FIRM CAN BURN WASTE WHICH IS 99 PERCENT WATER. BECAUSE OF
THE POSSIBILITY OF A PATENT APPLICATION, ASHBY WON'T SAY HOW. BUT
APPARENTLY IT INVOLVES USING HEAT FROM THE INCINERATOR PROCESS TO BOIL
OFF MOST OF THE WATER IN THE INCOMING WASTE.
RIGHT NOT, HOWEVER, ROLLINS CAN'T USE THE BRIDGEPORT INCINERATOR:
LAST DECEMBER, AN ON SITE EXPLOSION OF DISPUTED CAUSE KILLED SIX PERSONS
AND KNOCKED IT OUT OF SERVICE.
SOME LIQUID WASTES ARE MOSTLY SOLVENTS, CHEMICALS USED TO DISSOLVE
OTHERCHEMICALS. THROUGH CHEMICAL TREATMENT, SOME OF THESE SOLVENTS CAN
ACTUALLY BE CLEANED AND PUT BACK INTO USE. SOME SOLVENTS ARE CLEANED
AND THEN SIMPLY USED AS FUEL BECAUSE IT IS NOT ECONOMICALLY ATTRACTIVE
TO REUSE THEM AS SOLVENTS.
MANY WASTES HAVE A LOT OF WATER IN THEM. SOMETIMES A "FLOCCULANT"
CAN BE ADDED WHICH TURNS THE CONTAMINANT INTO RESIDUE, LEAVING DIRTY
WATER. THE RESIDUE IS LEFT TO DRY AND THEN BURIED IN A LANDFILL.
SOMETIMES VARIOUS FORMS OF BACTERIA CAN BE PUT INTO THE WATER WHICH WILL
LITERALLY EAT THE WASTE MATERIAL.
WHATEVER LIQUID WASTE TREATMENT PROCESS IS INVOLVED, LARGE AMOUNTS OF
WATER ARE PRODUCED WHICH ALSO MUST BE CLEANED. THE WATER IS PUMPED
THROUGH GIANT TANKS OF ACTIVATED CARBON TO REMOVE ORGANIC WASTES. THEN,
IT IS AERATED TO PROVIDE OXYGEN FOR BACTERIA AND CLEANING. FINALLY, THE
CLEAN WATER IS RELEASED.
BUT, PEOPLE ARE AFRAID OF PLACES WHERE SOLID HAZARDOUS WASTE IS
ACTUALLY BURIED. THEIR FEARS ARE NOT WITHOUT REASON, THE
COURIER-EXPRESS HAS FOUND.
THE LITTLE TOWN OF WILSONVILLE, ILL., FOUGHT AND WON A BATTLE TO GET
RID OF A CHEMICAL WASTE DUMP IN AN ABANDONED COAL MINE THERE. MRS. GWEN
MOLINAR, A VILLAGE TRUSTEE, EXPLAINED TO THE COURIER-EXPRESS:
"WE'VE GOT A GOOD WATER SUPPLY OUT THERE. THERE'S NO CONTAMINATION
YET. YOU KNOW HOW YOU GET THE IT'S-ALL-RIGHT . . . NOW . . . FEELING."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 029 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE FIFTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION.
EARLY ONE MORNING IN LATE JULY, KIRTLEY MAURICE JACKSON, 19, OF
PLAQUEMINE, LA., DROVE OUT TO A CHEMICAL WASTE LAGOON IN ASWAMP AREA OF
THAT STATE, PERHAPS ENJOYING THE HOT WINDLESS DAY.
JACKSON WAS DRIVING A TANK TRUCK WHICH BELONGED TO A COMPANY OWNED BY
HIS FATHER, STANLEY H. "JACKIE" JACKSON, THE CHIEF DEPUTY SHERIFF IN
CHARGE OF INVESTIGATION FOR IBERVILLE PARISH, A PARISH THAT IS
ESSENTIALLY A SWAMP BETWEEN BATON ROUGE AND NEW ORLEANS.
IBERVILLE IS A THROWBACK PARISH IN WHAT IS A HEAVILY INDUSTRIALIZED
STATE. FOR MANY YEARS, IT WAS RUN BY SHERIFF JESSEL OURSO. WHEN THE
SHERIFF DIED TWO WEEKS AGO, AFTER A PROLONGED ILLNESS, THERE WAS EVEN A
BLACK STALLION WITH REVERSED BOOTS TO HELP CARRY HIM TO HIS GRAVE, IN AN
OLD MILITARY TRADITION.
OUT IN THE SWAMP, CLEAN LAND, AIR AND WATER CORP. (CLAW) OPERATED A
DEEP WELL WHERE VARIOUS CHEMICAL WASTES WERE PUMPED TWO MILES INTO THE
GROUND. A REPORT PREPARED BY THE STATE OFFICE OF CONSERVATION INDICATES
39 DIFFERENT COMPANIES USED THE WELL TO BURY EVERYTHING FROM TOULENE
WASTE WATER TO RECYCLED SYTRENE.
KIRTLEY JACKSON WAS DRIVING THE SHJ INC. TRUCK TO THE LAGOON WHICH
ALSO WAS OPERATED BY HIS FATHER'S COMPANY. WHAT WAS IN THE LAGOON ISN'T
QUITE CLEAR, BECAUSE THE RECORDS SHOWING WHAT WAS DUMPED IN IT ARE
MISSING.
PARISH CORONER DR. C. E. BLUNCK JR. SAID SAMPLES TAKEN LATER
INDICATED THERE WAS SULFURIC ACID, ALCOHOL AND SLUDGE FROM AN OIL
REFINERY CATALYTIC CRACKER. ALL WERE ACIDIC.
WHAT WAS IN JACKSON'S TRUCK? "IT WAS A COMTINATION OF CORROSIVE
MATERIALS, MANY OF WHICH SHOULD HAVE GONE INTO A DEEP WELL," THE CORONER
TOLD THE COURIER-EXPRESS.
WHEN JACKSON BEGAN TO EMPTY HIS TANK TRUCK, THERE WAS A "DEAD CALM,"
AN UNUSUAL SITUATION IN THE SOUTHERN AREAS OF LOUISIANA. THE AIR AND
GASES FROM THE LAGOON WERE SIMPLY SITTING THERE.
BUT THE WASTE FROM THE TRUCK TURNED ON THE YOUTH. THE REACTION OF
THE ALKALINE WASTE FROM THE TRUCK AND THE ACIDIC LAGOON GENERATED
MASSIVE AMOUNTS OF DEADLY HYDROGEN SULFIDE GAS.
APPARENTLY, JACKSON WENT TO THE CAB OF THE TRUCK AND TRIED TO DRIVE
AWAY.
"BY THE TIME ANYONE GOT TO HIM, HE WAS DEAD," DR. BLUNCK SAID. "HE
HAD ABSORBED ABOUT SIX TIMES THE LETHAL DOSE." IT TOOK MORE THAN SIX
WEEKS OF INVESTIGATION TO PRECISELY DETERMINE THE CAUSE OF DEATH. THE
CORONER SAID THE BODY OF THE YOUTH WAS CHECKED FOR ALL FORMS OF DRUGS
AND ALCOHOL TO SEE IF HIS REACTIONS MIGHT HAVE BEEN SLOWED BY THEM.
NOTHING WAS FOUND.
TANGLING THE INVESTIGATION, THE CORONER SAID, WAS HIS INABILITY TO
GET THE "TRUE SEQUENCE OF WHAT WAS DISPOSED OF INTO THAT PIT IN THE
PRECEDING 48 HOURS."
IN A STATE WIHT LIMITED ENVIRONMENTAL INTEREST, THE CASE CAUSED AN
UPROAR.
LOUISIANA MAY HAVE THE IMAGE OF A SLEEPY SOUTHERN STATE. IN SOME
WAYS, IT IS. BUT, IT IS ALSO HIGHLY INDUSTRIALIZED, WITH AN INDUSTRY
BUILT ON OIL AND GAS AND THE SALT FROM FAR UNDER THE GROUND.
A VISITOR TO THE STATE CAPITAL IN BATON ROUGE TRAVESL TO A TOWERING
CAPITOL BY HUEY LONG, ONE THE STATE'S GOVERNOR AND U.S. SENATOR.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 030 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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FROMTHE AIRPORT, THE VISITOR PASSES WHAT MAY BE THE LARGEST SINGLE
CHEMICAL AND INDUSTRIAL COMPLES IN THE WORLD. ON A CLOUDY DAY, IT
REQUIRES NO VISION TO DETECT IT, ONLY A NOSE.
DRAWING OMITTED
VISIBLE FROMTHE CAPITOL, BETWEEN THE COMPLEX AND THE RIVER, IS A
CHEMICAL WASTE DUMP.
IT'S THE SORT OF STATE WHERE ATTORNEY GENERAL WILLIAM J. GUSTE HAS
ONE ASSISTANT WORKING ON ENVIRONMENTAL MATTERS. BEFORE A BUDGET CUT, HE
HAD TWO. AT THE SAME TIME HE DOES HAVE THE FORMER EXECUTIVE DIRECTOR OF
THE LOUISIANA WILDLIFE FEDERATION INC. STASHED AWAY ON HIS PAYROLL AS A
RESEARCH ASSISTANT.
ABOUT ONE MONTH AFTER JACKSON'S DEATH, THE WASTE DISPOSAL PROBLEM
HEATED UP TO THE POINT THAT GOV. EDWIN EDWARDS TOOK ACTION. HE DECLARED
A MORATORIUM ON NEW HAZARDOUS WASTE PERMITS.
"I AM TAKING THIS ACTION TO INSURE THE HEALTH AND SAFETY OF OUR
CITIZENS. PROPER REGULATION OF THE TRANSPORTATION, STORAGE AND DISPOSAL
OF HAZARDOUS WASTES IS ESSENTIAL IF WE ARE TO PROTECT THE PUBLIC AND THE
PROPERTY OF OUR STATE," HE NOTED IN A STATEMENT.
THIS ACTION BY GOV. EDWARDS SEEMS TO HAVE GIVEN HIM SOME POLITICAL
COURAGE TO DO A LITTLE MORE. LAST THRUSDAY, HE SAID, "WHEN OPTING FOR
INDUSTRY OR THE RISK, I WILL TAKE A POSITION AGAINST INDUSTRY."
"THERE IS NO NEED FOR A MULTIPLICITY OF INDUSTRY IF IT DESTROYS THE
VERY REASON FOR OUR BEING," HE TOLD THE LOUISIANA ENVIRONMENTAL
PROTECTION AGENCY.
FIVE YEARS AGO, HE TOLD ENVIRONMENTALISTS HE DIDN'T WANT TO HEAR
THEIR CONCERNS OR LISTEN TO THEIR ADVICE. NOW, HE PLANS TO GO TO THE
STATE LEGISLATURE IN APRIL FOR STRONGER CONTROLS ON WASTE.
THIS MAY ALSO PARTLY HAVE BEEN CAUSED BY THE STATE HEALTH DEPARTMENT
BANNING FISHING IN LAKE PROVIDENCE, A PROMINENT FISHING SPOT, ON SEPT.
12 BECAUSE OF CONTAMINATION OF A DEADLY PESTICIDE.
AT THE SAME TIME, THIS CONCERN HAS NOT BEEN EXTENDED TO THE STATE
OFFICE OF SCIENCE, TECHNOLOGY AND THE ENVIRONMENT. THE OFFICE IS
PREPARING THE STATE RULES UNDER THE FEDERAL RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA) OF 1976. THE RULES GO OUT TO THE PUBLIC FOR 15 DAYS
FOR COMMENT, OFFICIALLY STARTING THURSDAY. NO COPIES ARE AVAILABLE YET.
THE OFFICE HAS TWO PEOPLE WORKING ON THE FEDERAL LAW.
RCRA IS THE CONGRESSIONAL ANSWER TO THE WHOLE PROBLEM OF GENERATION,
SHIPMENT AND PROCESSING OF HAZARDOUS WASTE. BUT THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY HAS NEVER ISSUED THE RULES TO PUT IT
INTO EFFECT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 031 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE EPA RULES WERE DUE IN APRIL. BUT EPA, HEADED BY ADMINISTRATOR
DOUGLAS M. COSTLE, NOW SAYS IT WON'T ISSUE THE RULES UNTIL 1980.
LOUISIANA HAS A NEW LAW TO REGULATE HAZARDOUS WASTES. BUT, IN A
REPLAY OF THE PROBLEMS OF THE EPA, REGULATIONS TO IMPLEMENT THE LAW
HAVEN'T BEEN WRITTEN.
LOUISIANA IS ONE FO THE MANY STATES THAT HAVE SERIOUS CHEMICAL
WASTE PROBLEMS.
ONE TEST OF THIS IS THE WIDESPREAD CONTAMINATING CHEMICAL FAMILY OF
PCBS. A 1977 STUDY OF WATER AND SEDIMENT SAMPLES BY THE EPA IN
LOUISIANA WATERS FOUND WIDESPREAD PCBS, BUT ADMITTED TESTING METHODS
WERE NOT ADEQUATE.
IN RELEASING THE FIGURES, EPA NOTED THE METHOD USED TO LOOK FOR PCBS
ISN'T VERY GOOD. AS A RESULT THERE COULD BE PCBS PRESENT, JUST NOT
MEASURED.
WATER POLLUTION IN LOUISIANA IS UNDER THE JURISDICTION OF THE STREAM
CONTROL COMMISSION. BUT, THE COMMISSION IS SOMETHING OF A BUREAUCRATIC
FICTION. IT IS MADE UP OF THE HEADS OF A NUBMER OF STATE AGENCIES AND
HAS NO STAFF OF ITS OWN. UNDER THE LAW, JURISDICTION WILL PASS TO THE
DEPARTMENT OF NATURAL RESOURCES.
THE COMMISSION HAS "NO APPROPRIATION AND NO BUDGET," ACCORDING TO
DALE GIVENS, ITS ASSISTANT DIRECTOR. GIVENS SUGGESTED THE PCBS ARE
COMING DOWN FROM THE AIR IN RAIN.
HE DOESN'T THINK THERE IS ANY PARTICULAR PROBLEM WITH THE STATE'S
VAST WATER SUPPLIES, BUT ADMITS NO ONE IS REALLY LOOKING. THE STANDARD
STATE TESTS OF WATER ARE FOR BIOLOGICAL OSYGEN, SUSPENDED SOLIDS AND THE
"PH" OF THE WATER. THE CURRENT EXPANDED PROGRAM IS MORE FOR HEAVY
METALS AND SOME PESTICIDES.
"WHICH REALLY DON'T TELL YOU A HILL OF BEANS ABOUT WHETHER THER EIS A
LOW LEVEL OF SOMETHING, THAT MIGHT CAUSE CANCER," HE NOTED.
IN A FEW AREAS, PCBS ARE SO HIGH IN WATER THAT THEY CAN BE MEASURED.
THIS INDICATES THEY ARE HUNDREDS OF TIMES ABOVE THE SAFE LEVEL SET BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION.
GOVERNMENT ACTION ON THE STATE LEVEL IS SLOW, BUT THE CITIZENS OF NEW
ORLEANS SEEM TO HAVE AN UNCONSCIOUS REACTION. THE OLD CITY IS A HEAVY
USER OF BOTTLED DRINKING WATER.
DR. ROBERT H. HARRIS OF THE ENVRIONMENTAL DEFENSE FUND IN WASHINGTON,
D.C., RECENTLY ATTACKED PROPOSALS TO DELAY EPA DRINKING-WATER
REGULATIONS. HE TOLD AN EPA HEARING IN NEW ORLEANS:
"FURTHERMORE, EPA SHOULD BE REMINDED THAT A LARGE SEGMENT OF THE
PUBLIC IN NEW ORELANS, AS WELL AS ELSEWHERE, HAS LOST CONFIDENCE IN THE
SAFETY OF LOCAN WATER SUPPLIES. BY SEEKING EXPENSIVE ALTERNATIVES, SUCH
AS BOTTLED WATER AND HOME WATER TREATMENT DEVICES, THEY ARE PAYING MANY
TIMES TH E RATE INCREASE THE EPA REGULATIONS WILL REQUIRE."
A 1974 EPA STUDY FOUND 20 CHEMICALS IN THE NEW ORLEANS DRINKING WATER
WHICH HAVE THE CAPACITY TO CAUSE CANCER. SOME ARE PESTICIDES. BUT
OTHERS ARE INDUSTRIAL WASTES, SUCH AS BENZENE AND HEXACHLOROBENZENE.
HARRIS ESTIMATED THERE WOULD BE 250 EXTRA CANCER DEATHS A YEAR IN NEW
ORLEANS CAUSED BY THE LOCAL DRINKING WATER.
CITIZENS ARE SUSPICIOUS BECAUSE THEY KNOW THE BAYOU SORREL LAGOON
WHERE JACKSON DIED IS AN AREA WHERE HIGH WATER WOULD FLUSH IT OUT ONCE
OR TWICE A YEAR, PUTTING THE WASTES INTO THE LOCAL WATER.
THE STATE PRODUCES VAST AMOUNTS OF WASTES A YEAR. MUCH OF IT IS
DUMPED DOWN DEEP WELLS. MUCH OF IT PROBABLY JUST DISAPPEARS. GIVENS
COMMENTED:
"I WOULD SAFELY SAY THERE IS NO REPORT, OR ONE POINT, WHERE YOU COULD
GO TO FIND OUT ABOUT WASTE."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 032 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
OF THE ESTIMATED 92 BILLION POUNDS OF HAZARDOUS CHEMICAL WASTE
GENERATED IN THE U.S. EACH YEAR, ONLY 5.6 BILLION POUNDS (ABOUT 6
PERCENT) ARE "PROPERLY DISPOSED OF", BY THE FEDERAL ENVIRONMENTAL
PROTECTION AGENCY'S OWN ESTIMATE. THESE ARE THE STARTLINE FIGURES
DEVELOPED IN AN INVESTIGATION OF THE PROBLEM BY THE COURIER-EXPRESS'
MICHAEL DESMOND AND REPORTED IN A CONTINUING SERIES OF COPYRIGHTED
STORIES.
OBVIOUSLY, THE FEDERAL GOVERNMENT NEEDS TO DO MORE TO MAKE A DENT IN
THIS SEA OF TOXIC WASTES THAT IS THREATENING THE NATION'S HEALTH AND
SAFETY. YET ITS ACTIONS ARE AGONIZINGLY SLOW.
THE RESOURCE CONSERVATION AND RECOVERY ACT WAS PASSED BY CONGRESS IN
OCTOBER, 1976. IT STIPULATED THAT REGULATIONS TO CONTROL HAZARDOUS
WASTES BE PROMULGATED "NO LATER THAN 18 MONTHS" AFTER ENACTMENT.
DESPITE THREATS AND LAWSUITE, THE EPA HAS NOT ISSUED THE REGULATIONS.
AT LAST REPORT, IT SAID THEY WILL NOT BE ISSUED UNTIL 1980, BLAMING THE
"VERY DIFFICULT TECHNICAL, FINANCIAL, LEGLA AND ENVIRONMENTAL ISSUES"
INVOLVED.
DUE TO THIS GOVERNMENT INACTION, MANY PROBLEMS HAVE ARISEN. A NUMBER
OF COMPANIES HAVE BEEN TRYING TO INCREASE THE AMOUNT OF DUMPING BEFORE
IMPLEMENTATION. COMPANIES IN THE WASTE-DISPOSAL FIELD ARE RELUCTANT TO
INVEST IN NEW FACILITIES BECAUSE THEY DON'T KNOW IF THEY WILL MEET THE
1980 EPA REGULATIONS. STATES WITH TOUGHER WASTE-DISPOSAL LAWS ARE, IN A
WAY, HURTING THEMSELVES, SINCE INDUSTRIES IN OTHER STATES, WHERE RULES
ARE WEAK OR NONEXISTENT, MAY BE CONTINUING TO DUMP WITH IMPUNITY, THUS
INVITING MORE "RUNAWAY" PLANTS.
CLEARLY, THE EPA OUGHT TO ISSUE ITS REGULATIONS TO CUT OFF FURTHER
DUMPING AT ONCE, AND IRON OUT THE TECHNICAL DETAILS LATER. THIS LAW,
SPELLING OUT THE WILL OF THE PEOPLE, HAS BEEN ON THE BOOKS FOR NEARLY
TWO YEARS WHILE THE BUREAUCRATS HAVE FAILED TO TAKE EVEN THE FIRST STEPS
TOWARD ENFORCING IT. IT IS MANDATORY THAT THE ENFORCEMENT PICTURE BE
EVENED OUT AMONG THE STATES, AS CONGRESS INTENDED, SO THAT WASTE
DISPOSAL COSTS TO INDUSTRY CAN BE SPREAD MORE FAIRLY. IT SEEMS TO USE
ESSENTIAL THAT THE EPA EMBARK ON A CRASH PROGRAM TO GET THIS DONE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 033 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE SIXTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH THE PRACTICE OF THE NEW ENGLAND
STATES TO SHIP THEIR HAZARDOUS WASTES ELSEWHERE.
THE NEW ENGLAND STATES SOLVE THE HAZARDOUS WASTE PROBLEM BY SHIPPING
THEIR DANGEROUS MATERIALS TO OTHER PARTS OF THE COUNTRY.
THE NORTHEAST CORNER OF THE NATION HAS NO GOOD WASTE DISPOSAL SITE.
BUT, AS WOULD BE EXPECTED IN A HEAVILY INDUSTRIALIZED AREA, THERE ARE
INDUSTRIAL AND HAZARDOUS WASTES.
MASSACHUSETTS IS THE POSSESSOR OF ONE OF THE GREAT CHEMICAL MESSES OF
OUR TIME: THE SILRESIM CHEMICAL CORP. IN LOWELL FIRM WENT BROKE,
LEAVING BEHIND 15,000 DRUMS -- 55 GALLONS EACH -- OF VARIOUS CHEMICALS
AND HUNDREDS OF THOUSANDS OF GALLONS OF ALL KINDS OF LIQUIDS IN TANKS.
THE CITIZENS OF METHUEN AND LAWRENCE, MASS. GET THEIR DRINKING WATER
FROM AN INTAKE DOWNSTREAM FROM WHERE CHEMICALS FROM SILRESIM ARE
LEACHING INTO THE MERRIMACK RIVER.
IN RHODE ISLAND, THE RESIDENTS ARE STARTING TO WORRY ABOUT CHEMICALS
LEACHING INTO THE PAWTUXET RIVER FROM A LAND FILL.
IN CONNECTICUT, JOHN HOUSEMAN, PRINCIPAL ENVIRONMENTAL PROTECTION,
ADMITS THERE ARE PROBLEMS. ASKED IF THE STATES WASTES ARE BEING
PROPERLY DISPOSED OF, HE COULD ONLY SAY, "RIGHT NOW, I HAVE NO WAY OF
KNOWING."
IN MAINE, THE LITTLE TOWN OF GRAY FOUND OUT ONE DAY THAT THE VILE
ODOR AND STRANGE COLOR WHICH TURNED UP IN THEIR DRINKING WATER IN 1975
CAME FROM CHEMICALS DUMPED AT A SITE OUTSIDE OF TOWN. EVENTUALLY, THE
SITE WAS CLOSED DOWN.
GRAY TOWN COUNCIL CHAIRMAN MICHALE GIBBS PUT HIS FINGER ON THE ISSUE:
"WE DISCOVERED OUR PROBLEM PRETTY MUCH BY ACCIDENT. I SHUDDER TO
THINK WHAT SOME OTHER TOWNS MIGHT BE DRINKING IN THEIR WATER."
IT'S A SERIOUS POINT:
THE NEW ENGLAND REGIONAL COUNCIL RECENTLY ATTEMPTED JUST TO GET A
HANDLE ON HOW MUCH WASTE THERE WAS IN THE SIX STATES. IT CAME UP WITH
FIGURES OF 18.4 MILLION GALLONS OF RECLAIMABLE WASTES, THAT IS WASTE OIL
AND SOLVENTS; 5.6 MILLION GALLONS OF TREATABLE WASTES; 5.9 MILLION
GALLONS OF WASTE THAT HAS TO BE INCINERATED; AND 17.9 MILLION GALLONS
OF WASTE THAT HAS TO BE LANDFILLED.
HOW ACCURATE THE FIGURES ARE IS ANYBODY'S GUESS. HOUSEMAN WOULD ONLY
TERM THEM "ROUGHT ESTIMATES".
THER ARE UNUSUAL INDUSTRIED IN THE AREA. PROVIDENCES HAS A LARGE
JEWELRY INDUSTRY WITH HIGHLY ACIDIC WASTE. MUCH OF THAT GOES INTO CITY
SEWERS, ACCORDING TO FRANK STEVENSON, A SENIOR SANITARY ENGINEER WITH
THE DIVISION OF LAND RESOURCE OF THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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STACKED SILRESIM WASTE DRUMS MONUMENT TO GOVERNMENT INACTION . . .
SOME WASTE WENT INTO DRINKING WATER.
PHOTOGRAPH OMITTED.
"WE ARE ALSO LOSING TRACK OF THE SEWAGE DISCHARGE," HE NOTED. THE
CITY IS GETTING A SYSTEM TO PRE-TREAT JEWELRY WASTE BEFORE IT GOES INTO
THE REGULAR SYSTEM.
VERMONT AND NEW HAMPSHIRE ARE BELIEVED TO PRODUCE MINIMAL AMOUNTS OF
HAZARDOUS WASTES.
CONNECTICUT HAS A SIMILAR WATER CASE INTHE TOWN OF PLAINFIELD WHERE
CHEMICALS WERE DUMPED INTO A REGULAR LANDFILL. THE STATE HAS ALREADY
SPENT $600,000 THERE, INCLUDING AN $80,000 STUDY OF UNDERGROUND WATER.
THERE ARE A NUMBER OF DRINKING WATER WELLS NEARBY AND WILLIAM HEGNER, A
PRINCIPAL ENGINEER WITH THE OIL AND CHEMICAL SECTION OF THE WATER
COMPLIANCE BUREAU, AGREES THE CHEMICALS COULD TURN OP IN THE WATER.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 035 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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"THERE IS A POTENTIAL FOR THAT," HE ADMITTED.
THE STATE ALSO HAD A CLEANUP PROBLEM IN BRIDGEPORT, WHERE CHEMICALS
WERE DUMPED INTO A GRAVEL AREA. THE CONTAMINATED GRAVEL HAD TO BE DUG
UP AND HAULED AWAY. MUCH OF IT WENT TO THE SCA CHEMICAL WASTE SERVICES,
INC., FORMERLY CHEMTROL, IN NIAGARA COUNTY, N.Y.
BUT, THE BIGGEST CHEMICAL WASTE PROBLEM IN NEW ENGLAND IS SILRESIM.
THE STATE LEGISLATURE HAS BEEN ASKED TO PUT UP $1.5 MILLION FOR A
CLEANUP BASED ON A REPORT FROM FRED C. HART ASSOCIATES, IN AN
ENVIRONMENTAL RESEARCH FIRM IN NEW YORK CITY. THE HART REPORT SAID:
"RESULTS OF STUDIES CONDUCTED FOR THIS CONTRACT INDICATED SIGNIFICANT
ON-SITE CONTAMINATION OF SOILS AND GROUND WATER AND THE POTENTIAL FOR
CONTAMINATION OF SURFACE WATER BODIES AFTER THE SPRING THAW. HIGH
CONCENTRATIONS OF TOLUENE AND TRICHLOROETHYLENE WERE DETECTED IN SOIL
AND GROUND WATER SAMPLED AT THE FACILITY. HIGH CONCENTRATIONS OF TOTAL
ORGANIC CARBON WERE ALSO DETECTED IN ON-SITE WELLS AND LOCAL SEWERS."
TOULENE CAUSES DEPRESSION OF THE CENTRAL NERVOUS SYTEMS, ADDICTION,
MUSCULAR FATIGUE AND CAN KILL IN HIGH CONCENTRATIONS.
THERE ARE TWO FORMS OF TRICHLOROETHYLENE. HIGH EXPOSURE TO EITHER
CAN KILL. EITHER MAY ALSO CAUSE KIDNEY OR LIVER DAMAGE.
THE SITUATION IS SO BAD THAT THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY (EPA) HAS ORDERED ANY OF ITS EMPLOYEES VISITING THE SCENE TO WEAR
AIR TANKS, RATHER THAN FILTERING MASKS.
THE SITE HAS BEEN A PROBLEM ALMOST SINCE IT OPENED IN 9173. IT BEGAN
AS MORE OF A STORAGE SITE THAN ANYTHING ELSE. BUT GRADUALLY ITS OWNER,
DR. JOHN MISERLIS, BEGAN TO TRY TO TURN IT INTO A CHEMICAL WASTE
RE-PROCESSING PLANT.
IN JULY 1975, THE STATE DIVISION OF WATER POLLUTION CONTROL (DWPC)
THREATENED TO REVOKE ITS LICENSE UNLESS CHANGES WERE MADE.
WHEN THE 1976 LICENSE LIMITED WHAT COULD BE HANDLED ON SITE, THE
CORPORATION TOOK THE STATE TO COURT AND THE JUDGE REMOVED THE
RESTRICTIONS. SOME NEW ONES WERE SET IN THE COURT ORDER BUT WERE
APPARENTLY NEVER ADHERED TO.
IN OCTOBER 1976, THE SITE WAS TAKEN OVER BY THE BANK WHICH HELD THE
MORTGAGE. THE BANK STUDIED THE SITUATION AND REOPENED THE SITE. LAST
YEAR, THE FIRM WENT INTO BANKRUPTCY, EVEN THOUGH THE SITE ITSELF WAS
STILL IN OPERATION.
A YEAR AGO, LOWELL CITY WORKERS WERE OVERCOME BY TOLUENE FUMES IN THE
SEWER. APPARENTLY AT THAT POINT THE CITY AND CITIZENS BECAME AWARE OF
HOW BAD THE SITUATION HAD BECOME.
THE COURT ORDER HAD REQUIRED THE REMOVAL OF 500 BARRELS A MONTH TO
CUT DOWN THE ACCUMULATION. THE HART REPORT INDICATES THE MATERIALS IN
THE DETERIORATING DRUMS WERE SIMPLY DUMPED INTO SOME OF THE LARGE TANKS
ON THE SITE.
NOW THE STATE AND THE FEDERAL GOVERNMENT ARE ASKING COMPANIES TO COME
IN AND MAKE BIDS ONRHE CLEANUP. THE HART REPORT INDICATES PART OF THE
CLEANUP WILL INCLUDE SEALING THE UNDERGROUND WATER AND PUTTING SOME SORT
OF CAP ON THE SURFACE TO CONTROL RUNOFF AND AIR POLLUTION.
"WE GENERALLY KNOW WHAT'S THERE," COMMENTED HANS BONNE OF THE STATE
DWPC.
AT ONE POINT, DR. MISERLIS USED AN AERIAL PHOTO OF THE SITE TO TAKE A
VARIETY OF GOVERNMENT AGENCIES ON A TOUR OF CHEMISTRY. FOR EXAMPLE, HE
COULD TELL THEM AREA 27 CONTAINED CHLORINATED BENZENE FROM SOLVENT
CHEMICAL CO. INC. OF NIAGARA FALLS, N.Y. OR, HE COULD TELL THEM HE HAD
NO IDEA WHAT WAS IN AREA 23. AREA 14 HAD SIX STORAGE TANKS WITH A
COMBINED CAPACITY OF 80,000 GALLONS CONTAINING HEXANE, TOULENE,
METHYLENE CHLORIDE, WATER ACETONE AND WHAT WAS DESCRIBED BY HIM AS
"MISCELLANEOUS HYDROCARBONS."
THERE IS EVEN ONE 100,000 GALLON STORAGE TANK FILLED TO THE TOP. IN
WARM WEATHER, THE HART REPORT SAID, "DUE TO A DECREASE IN DENSITY UPON
WARMING, THE MATERIALS STORED IN THE 100,000 GALLON STORAGE TANK WILL
LIKELY OVERFLOR AS SOON AS WARM WEATHER ARRIVES SINCE THE TANK IS FULL
TO THE TOP."
THE MATERIAL INSIDE IS IN THREE PARTS. THERE IS A ONE-FOOT RESIDUE
LAYER ON THE BOTTOM. ABOVE THAT IS 50,000 GALLONS OF WATER WITH A
VARIETY OF DISSOLVED HYDROCARBONS. ON TOP IS 50,000 GALLONS OF SUCH
THINGS AS TOULENE, CANCER CUASING BENZENE AND MINERAL SPIRITS.
RIGHT NOW, IT'S ALL STILL THERE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 036 OF 487
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DR. CHARLES A JOHNSON IS TECHNICAL DIRECTOR OF THE NATIONAL SOLID
WASTE MANAGEMENT ASSOCIATION, A TRADE GROUP IN WASHINGTON, D.C. HE
CALLED SILRESIM A "CLASSIC EXAMPLE" OF COMMERCIAL PLANS TO RECYCLE
CHEMICAL AND HAZARDOUS WASTES.
"HE COULDN'T MAKE IT PAY," WAS THE VERDICT.
DESPITE PROBLEMS ENCOUNTERED AT TILRESIM AND AND ELSEWHERE, THE EPA
HAS JUST ANNOUNCED IT WOULD BE AT LEAST 21 MONTHS LATE ISSUING
REGULATIONS THAT COULD CONTROL IMPROPER WASTE DISPOSAL. EPA IS HEADED
BY DOUGLAS M. COSTLE, AN APOINTEE OF PRESIDENT JIMMY CARTER.
THE REGULATIONS WERE REQUIRED TO BE ISSUED LAST APRIL, 18 MONTHS ARE
THE 1976 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) BECAME LAW. BUT
THOSE 18 MONTHS PROVED NOT TO BE SUFFICIENT FOR EPA TO COME UP WITH THE
REGULATIONS NECESSARY TO INSTITUTE THE RCRA. LAST FRIDAY, EPA SAID IT
WOULD BE UNABLE TO COME UP WITH THE RULES UNTIL JANUARY 1980.
THAT MEANS THE AGENCY WILL HAVE TAKEN 39 MONTHS TO COMPLETE WORK ON
THE REGULATIONS. DESPITE THE DELAY, EPA HAS ONLY 161 OF ITS NEARLY
11,000 EMPLOYEES NATIONWIDE WOKRING IN THE AREA OF HAZARDOUS WASTES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 037 OF 487
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WASHINGTON -- REP. HENRY J NOWAK, D-BUFALLO, ON THURSDAY URGED THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO SPEED UP
THE ISSUANCE OF TOXIC WASTE DISPOSAL REGULATIONS AS DECREED BY THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).
AT THE SAME TIME, REP. JACK F. KEMP, R-HAMBURG, ALERTED HIS
COLLEAGUES TO THE NATIONAL THREAT POSED BY UNREGULATED CHEMICAL WASTE
DISPOSAL.
BOTH BUFFALO AREA CONGRESSMAN SAID THEY WERE REACTING TO AN ON-GOING
SERIES OF ARTICLES IN THE COURIER-EXPRESS ON THE HAZARDOUS WASTE
PROBLEMS THROUGHOUT THE NATION.
IN A LETTER TO EPA HEAD DOUGLAS M. COSTLE, NOWAK SAID HE IS "DEEPLY
CONCERNED WITH THE EPA'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE
RCRA AND PROMULGATE THE REGULATIONS WITHIN 18 MONTHS."
I AM EVER MORE CONCERNED BY INDICATIONS THAT THE FINAL RULES FOR THIS
VITAL PROGRAM ARE NOT EXPECTED BEFORE JANUARY, 1980," NOWAK ADDED.
THE ACT WAS PASSED BY CONGRESS IN 1976 TO CONTROL THE GENERATION,
TREATMENT, TRANSPORTATION, STORAGE AND DISPOSAL OF HAZARDOUS OR TOXIC
WASTES.
THE STATE OF ILLINOIS AND TWO ENVIRONMENTAL GROUPS HAVE SUED EPA FOR
ITS FAILURE TO ISSUE THE RULES THAT WERE DUE LAST APRIL.
NOWAK SAID HE REALIZED THE COMPLEX PROBLEMS EPA FACES IN MAKING THESE
RULES, BUT "YOUR PROJECTED 1980 ISSUANCE OF THE FINAL REGULATIONS
PRESENTS AN INTOLERABLE DELAY IN WHAT HAS BEEN CLEARLY IDENTIFIED AS A
CRITICAL PROBLEM FOR YEARS."
HIS LETTER WENT ON TO SAY "THE COURIER-EXPRESS SERIES ILLUSTRATES THE
SCOPE OF THE NATIONAL PROBLEM. HE ALSO SENT COSTLE A COMPLETE SET OF
THE ARTICLES FOR HIS REVIEW AND COMMENTS.
IN REMAKRS PREPARED FORINSERTION IN THE CONGRESSIONAL RECORD, KEMP
SAID HE, HIS STAFF AND SCIENTIFIC AND LEGAL ADVISERS AND STUDYING THE
ENTIRE QUESTION OF HAZARDOUS WASTE DISPOSAL TO PREPARE TO INTRODUCTION
LEGISLATION EARLY NEXT FALL.
"A SIGNIFICANT CONTRIBUTION TO HIS HAS BEEN MADE BY THE
COURIER-EXPRESS IN A SERIES OF COPYWRITED ARTICLES BY MICHAEL DESMOND, A
STAFF WRITER FOR THE PAPER WHO TRAVELED EXTENSIVELY AROUND THE COUNTRY
IN DETERMINING THE EXTENT OF THE PROBLEM, THE STATUS OF INCIDENTS, THE
RESPONSES OF THE ENVIORNMENTAL PROTECTION AGENCIES, ET CETERA," KEMP
SAID. "THIS SERIES HAS SHOWN CONVINCINGLY THAT THIS IS A NATIONAL
PROBLEM, ONE REQUIRING A NATIONAL SOLUTION, IF NOT A FEDERAL ONE."
KEMP SAID HE MEANT THEPROBLEM REQUIRES A JOINT SOLUTION FROM ALL
LEVELS OF GOVERNMENTS IN THE NATION, RATHER THAN LEAVING IT ALL TO THE
FEDRRAL GOVERNMENT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 038 OF 487
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BY DAVID E. LYNCH
WASHINGTON -- THE ENVIRONMENTAL PROTECTION AGENCY ADMITTED ON
THRUSDAY THAT IT KNOWS OF 300 CHEMICAL WASTE DUMPS THAT ARE AN IMMEDIATE
THREAT TO THE NATION'S HEALTH AND SAFETY, BUT THAT THE AGENCY IS
POWERLESS TO DO ANYTHING ABOUT THEM.
TOP EPA OFFICIALS TOLD THE COURIER-EXPRESS THAT IT WOULD COST $1.5
BILLION TO CLEAN UP THE 300 HAZARDOUS DUMPS, BUT THAT THERE IS NOT MONEY
AVAILABLE FOR THAT PURPOSE.
FURTHER, THE EPA SAID, THERE IS NO LAW GIVING THE AGENCY -- OR ANY
OTHER AGENCY, FOR THAT MATTER -- AUTHORITY TO DEAL WITH THE PROBLEM OF
CLEANING UP THE 300 DUMPS.
THE EPA SAID THE 300 KNOWN DUMP SITES ARE JUST THE TIP OF THE CIEBURG
BECAUSE, IT SAID, HUNDREDS IF NOT THOUSANDS OF HAZARDOUS DUMPS COULD
COME TO THE SURFACE OVER THE NEXT FEW YEARS.
BESIDES, ONE TOP OFFICIAL CONCEDED, THE EPA IS MORE CONCERNED WITH
PREVENTING THE FORMATION OF HAZARDOUS DUMP IN THE FUTURE THAN IT IS IN
ATTACKING THE IMMEDIATE PROBLEM.
THAT EPA OFFICIAL IS GARY DIETRICH, ASSOCIATE DEPUTY ASSISTANT
ADMINISTRATOR FOR SOLID WASTE.
ASKED IFTHE EPA IS TAKING THIS PROBLEM AS SERIOUSLY AS IT SHOULD,
DIETRICH SAID:
"THAT'S IN THE EYE OF THE BEHOLDER. WE'RE PUTTING ALL OUR ENERGIES
IN A PREVENTION PROGRAM RIGHT NOW. IF WE STOPPED TO LOOK AT THE
READIOACTIVE PROBLEM, WE WOULD HAVE TO DIVIDE OUR RESOURCES, AND THE
PREVENTION PROGRAM WOULD BE SLOWED DOWN."
THE PREVENTION PROGRAM IS KNOWN AS THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA) WHICH WAS ENACTED IN 1976 TO CONTROL THE GENERATION,
TREATMENT, TRANSPORTATION, STORAGE AND DISPOSAL OF HAZARDOUS OR TOXIC
WASTES.
BUT EPA SAID THE LONG-DELAYED RCRA WILL NOT GIVE THE AGENCY A ROLE IN
THE DEALING WITH RETROACTIVE HAZARDOUS WASTE EMERGENCIES.
"OFF THE TOP FO MY HEAD I KNOW OF 300 SITUATIONS LIKE THE LOVE CANAL
(NIAGARA FALLS) PROBLEM THAT STICK OUT LIKE SORE THUMBS" DIETRICH SAID.
HE SAID IT WOULD COST $50,000 TO ASSESS THE PROBLEM AT EACH OF THE
300 SITES, AND IT WOULDPROBABLY COST ABOUT $5 MILLION TO REMEDY THE
PROBLEM AT EACH SITE.
"THAT ADDS UP TO $1.5 BILLION," HE SAID, "AND THAT DOESN'T GO INTO
$10 MILLION."
HE WAS REFERRING TO THE FEDERAL WATER POLLUTION ACT WHICH AUTHORIZES
A $10 MILLION EMERGENCY POLLUTION FUND THAT WOULD PROVIDE THAT ROLE.
BUT THE CARTER ADMINISTRATION FIRMLY OPPOSES THE APPROPRIATION OF
MONIES FOR THAT FUND. SO IT'S A FUNDLESS FUND HAT DIETRICH SAYS
WOULDN'T NEAR TO PROVIDING THE MONEY NECESSARY TO CLEAN UP THE ABANDONED
BUT DEADLY HAZARDOUS WASTE SITES.
HOW DOES THE EPA FEEL ABOUT THE ADMINISTRATION, PRINCIPALLY THE
OFFICE OF MANAGEMENT AND BUDGET (OMB), KILLING THIS FUND?
"THE PRESIDENT'S THE BOSS. WE JUST WORK FOR HIM," DIETRICH SAID WITH
A SMILE. "ACTUALLY, EPA ISN'T AS OPPOSED AS OMB. WE RECOGNIZE IT WILL
OEPN THE BARN DOOR TO STATE AND LOCAL GOVERNMENTS THAT WANT TO USE IT
FOR ANY POLLUTION PROBLEM, BUT WE ALSO RECOGNIZE IT HAS TO BE OPENED TO
SOME DEGREE. IT JUST HAS TO BE LIMITED."
IN ANY EVENT, DIETRICH SAYS THE $10 MILLION WOULDN'T EVEN SCRATCH THE
SURFACE OF THE PROBLEM.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 039 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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UPON ENACTMENT OF RCRA, CONGRESS MANDATED THAT THE EPA DRAW UP
REGULATIONS FOR THE IMPLEMENTATION OF THIS LAW WITHIN 18 MONTHS. THAT
DEADLINE PASSED IN APRIL, AND EPA ADMINISTRATOR DOUGLAS M. COSTLE LAST
WEEK ANNOUNCED THAT THE REGULATIONS WON'T BE READY NOW UNTIL JANUARY OF
1980.
THE EPA WILL SPEND $1.2 BILLION THIS FISCAL YEAR. THERE ARE 10,946
EPA EMPLOYEES. OF THIS BUDGET ONLY $25.2 MILLION WILL BE FOR HAZARDOUS
WASTES,AD ONLY 161 WORKERS -- IN WASHINGTON AND IN THE 10 REGIONAL
OFFICES -- ARE WORKING ON THE PROBLEM. OF THE $25.2 MILLION, $15
MILLION IS GOING TO THE STATE'S TO HELP THEM LOOK INTO THE PROBLEM.
ASKED IF 161 PEOPLE ARE ENOUGH TO COMBAT THE CHEMICAL WASTE PROBLEM,
DIETRICH SAID:
"OF COURSE NOT, BUT WE'VE GOT 500 PEOPLE PLUGGING THEIR THUMBS INTO
INDUSTRIAL DISCHARGES; 500 MORE WORKING ON INDUSTRIAL AIR POLLUTION;
500 WORKING ON THE TOXIC SUBSTANCES ACT AND 1,000 PEOPLE IN RESEARCH.
"THOSE AREN'T EXACT NUMBERS, BUT IT'S NOT AS THOUGH THE OTHER 10,000
PEOPLE IN EPA ARE SITTING AROUND ON THEIR THUMBS."
ALL THIS OVERLOOKS ANOTHER PROBLEM THE EPA SAYS MONEY WON'T SOLVE --
WHAT TO DO WITH THE WASTE. "LOVE CANAL HAS CAUSED A BACKLASH," DIETRICH
SAID. "NO ONE WANTS TO LIVE NEAR THESE DUMPS NOW, AND WHILE EVERYONE
WANTS THEM MOVED, THEY DON'T WANT THEM MOVED NEAR THEM.?"
THE SOLID WASTE EXECUTIVE WAYS THE GOVERNMENT IS CAPABLE OF HANDLING
THE POBLEM. "WE'VE ALWAYS BEEN ABLE TO FIND AN ANSWER TO OUR PROBLEMS
THROUGHOUT HISTORY."
HE PREDICTED THE GROWING PUBLIC AWARENESS OF THIS PROBLEM WILL
EVENTUALLY LEAD TO PUBLIC POLICY AND LAW THAT WILL GIVE EPA THE
AUTHORITY TO CLEAN UP THE MESS.
HE SAID THE BOTTOM LINE IS FOUND IN RCRA THAT WILL EVENTUALLY "MAKE
THE COST OF DISPOSAL PRODUCT PART OF THE PURCHASE PRICE."
UNTIL THAT HAPPENS HE SAID, THE MOUNTAINS AND RIVERS OF TOXIC WASTES
THREATENING THIS NATION'S HEALTH AND SAFETY WILL HAVE TO BE DEALT WITH
ONE DAY AT A TIME.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 040 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE SEVENTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH HOW NEW YORK STATE HAS REACTED TO
SEVERAL ENVIRONMENTAL DISASTERS.
NEW YORK STATE AHS A PROMINENT PLACE AMONG CENTERS OF INDUSTRY.
BUT, IT IS ALSO THE LOCATION OF AT LEAST FIVE MAJOR ENVIRONMENTAL
DISASTERS INVOLVING HAZARDOUS CHEMICAL WASTES. THEY ARE:
1. THE LOVE CANAL AREA IN NIAGARA FALLS, WHERE A CLOSED WASTE DUMP
HAS BEGUN TO LEAK A VARIETY OF DANGEROUS CHEMICALS, AT LEAST ONE OF
WHICH CAUSE HUMAN CANCER, FORCING THE EVACUATION OF HUNDREDS OF
FAMILIES.
2. EXTENSIVE CONTAMINATION OF THE HUDSON RIVER AND ITS FISH WITH THE
TOXIC PCB CHEMICAL FAMILY.
3. CONTAMINATION OF DRINKING WATER WELLS ON LONG ISLAND WITH
CHEMICALS, INCLUDING THE CANCER-CAUSING VINYL CHLORIDE.
4. SPILLS INTO LAKE ONTARIO FROM A BANKRUPT CHEMICAL WASTE
PROCESSING PLANT IN OSWEGO AND AN EXPENSIVE PROGRAM TO CLEAN UP WASTE
LEFT BEHIND BY THE COMPANY.
5. CONTAMINATION OF LAKE ONTARIO AND ITS FISH BY THE DANGEROUS
PESTICIDE MIREX, A CONTAMINATION SO BAD THAT AT ONE POINT THE STATE
BANNED CATCHING FISH FROM THE LAKE.
THE LOVE CANAL, A CHEMICAL WASTE DUMP IN NIAGARA FALLS, WAS CLOSED IN
1953. ABOUT TWO YEARS AGO, THE DUMP BEGAN TO LEAK DANGEROUS CHEMICALS,
AT LEAST ONE OF WHICH IS KNOWN TO CAUSE CANCER IN HUMANS. THE LEAKING
CHEMICALS ARE FORCING THE EVACUATION OF HUNDREDS OF FAMILIES. IT ISN'T
KNOWN IF THEY WILL EVER BE ALLOWED TO RETURN.
AS A RESULT OF THE HUDSON RIVER PCB SPILL AND THE LAKE ONTARIO MIREX
SITUATION, NEW YORK IS PROBABLY FAR AHEAD 1OF OTHER STATES IN ITS
PROGRAM TO SYSTEMATICALLY SAMPLE AND LOOK FOR CHEMICAL CONTAMINATION.
YET THE STATE STILL IS IN THE EARLY STAGES OF FINDING OUT HOW SERIOUS
ITS TOXIC WASTE PROBLEM REALLY IS.
THREE DAYS AGO THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SAID IT HAS ASKED REGIONAL OFFICIALS TO FIND OUT WHERE THE HAZARDOUS
WASTE DUMP SITES ARE THROUGHOUT THE STATE.
THE LIST IS EXPECTED TO BE COMPLETED BY THE END OF NEXT WEEK.
SO, DESPITE THE HEAD START AFFORDED NEW YORK STATE BY ITS SERIES OF
ENVIRONMENTAL DISASTERS, THE STATE OBVIOUSLY IS FAR FROM GAINING THE
UPPER HAND ON ITS CHEMICAL WASTE MESS.
CHARLES GODDARD IS CHIEF OF THE HAZARDOUS WASTE MANAGEMENT SECTION OF
THE DIVISION OF SOLID WASTE MANAGEMENT OF THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION. HE RECENTLY DECLARED:
"IN NEW YORK STATE, INDUSTRY GENERATES APPROXIMATELY ONE MILLION
METRIC TONS OF HAZARDOUS WASTE PER YEAR. IN MORE DESCRIPTIVE TERMS THIS
QUANTITY WOULD COVER A SQUARE MILE TO A DEPTH OF SLIGHTLY GREATER THAN
ONE FOOT."
NEW YORK MUST CONTROL THIS WASTE CAREFULLY, NOT ONLY BECASUE THE
MATERIAL CAN BE DANGEROUS BUT ALSO BECAUSE THE STATE HAS 5.2 MILLION
PERSONS WHO OBTAIN THEIR WATER SUPPLY FROM GROUND WATER.
THE MOST EXTREME EXAMPLE OF THIS IS ON LONG ISLAND. IN THE HEAVILY
POPULATED COUNTIES OF NASSAU AND SUFFOLK, ALL 2.5 MILLION PEOPLE DRINK
WATER WHICH COMES FROM WELLS. TO PROTECT THIS AREA THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY ESTABLISHED SPECIAL REGULATIONS WENT
INTO EFFECT SEPT. 1.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 041 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
FEDERAL INVESTIGATOR WILLIAM WILCOX STRIKES AN ELOQUENT POSE . . .
DURING HIS RECENT VISIT TO LOVE CANAL AREA.
PHOTOGRAPH OMITTED.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 042 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
LIMITS ON DISSOLVED SOLIDS WERE ESTABLISHED BECAUSE THE UNDERGROUND
WATER TABLE IS THE PRINCIPAL SOURCE OF DRINKING WATER; IF THE WATER
TABLE WERE CONTAMINATED, IT WOULD CREATE A SIGNIFICANT HAZARD TO PUBLIC
HEALTH.
LONG ISLAND BECAME AWARE OF DRINKING WATER PROBLEMS IN
1972, WHEN TASTE AND ODOR PROBLEMS WERE REPORTED AT WELLS
SERVING THE 20,000 WORKERS OF THE GURMMAN AEROSPACE CORP.
IN BETHPAGE IN NASSAU COUNTY.
IT WAS NOT UNTIL MARCH, 1974, THAT AN INDUSTRIAL WASTE DUMP AT
GRUMMAN WAS FOUND TO CONTAIN THE HUMAN CANCER CAUSING CHEMICAL VINYL
CHLORIDE AND CHEMICAL SOLVENTS.
A NEARBY NASSAU COUNTY PLANT OF THE HOOKER CHEMICALS & PLASTICS CORP.
THAT WAS MAKING POLYVINYL CHLORIDE AND CHEMICAL, SOLVENTS IN ITS WELLS.
IN COT. 1975, TWO GRUMMAN WELLS WERE FOUND TO CONTAIN THE KNOWN ANIMAL
CANCER-CAUSING SOLVENT TRICHLOROETHYLENE ALONG WITH TETRACHLOROETHYLENE.
VINYL CHLORIDE WAS FOUND IN ONE WELL. BOTH WERE IMMEDIATELY SHUT
DOWN. FURTHER TESTING OF WELLS ACCROSS NASSAU COUNTY SHOWED A WIDE
VARIETY OF CARBON TETRACHLORIDE, TWO OTHER CHEMICALS THAT CAN CAUSE
CANCER IN ANIMALS.
THE COUNTY HEALTH DEPARTMENT HAS LIMITED USE OF A NUMBER OF WELLS.
MUCH OF THE CONTAMINANTS APPARENTLY COME FROM HOUSEHOLD AND COMMERCIAL
ACTIVITY THAT ENTERED THE GROUND WATER AFTER BEING DUMPED DOWN DRAINS.
THE STATE AND COUNTY ARE TRYING TO REMOVE MANY PRODUCTS FROM USE AND TO
LIMIT CASUAL COMMERCIAL DUMPING.
NEW YORK'S REACTION TO THIS IS COMPLICATED BY ITS KNOWLEDGE THAT MORE
THAN 200 LAKES IN THE ADIRONDACK STATE PARK ARE TOO ACIDIC FOR FISH,
APPARENTLY BECAUSE AIRBORNE CHEMICALS ARE WASHED FROM THE SKY BY RAIN.
THE EMPIRE STATE HAS VAST RECREATIONAL PROGRAMS, EXPECIALLY IN
FISHING. IN TWO AREAS, CHEMICAL WASTE HAS CRIPPLED THOSE PROGRAMS:
1. SEVERAL YEARS AGO, IT WAS LEARNED THAT THE GENERAL ELECTRIC CO.
HAD DUMPED SIGNIFICANT AMOUNTS OF PCBS FROM TWO PLANTS NEAR ALBANY.
NOW, GE HAS THE ONLY PERMIT IN THE COUNTRY TO BURN PCB IN A SPECIAL
INCINERATOR FOR ITS OWN USE. IT IS NOT LICENSED TO HANDLE PCB FOR ANY
ONE ELSE.
BUT, THE PCBS HAVE RUINED FISHING IN MOST OF THE HUDSON BECAUSE
LEVELS ARE SO HIGH. APPARENTLY, THE ACTUAL BOTTOM OF THE RIVER WILL
HAVE TO BE DREDGED IN VARIOUS PLACES, AND THE MATERIAL CARRIED AWAY SOME
PLACE TO BE BURIED.
2. MIREX IS A DIFFERENT SIUTATION. CANADIAN SCIENTISTS FOUND THIS
STRONG PESTICIDE, USED AGAINST FIRE ANTS IN THE SOUTH, IN LAKE ONTARIO
FISH. IT IS CLOSELY RELATED TO THE PESTICIDE KEPONE WHICH CONTAMINATED
VIRGINIA'S JAMES RIVER AND PART OF CHESAPEAKE BAY, SHUTTING THEIR
FISHING INDUSTRY.
HOOKER HAS LONG SINCE STOPPED MAKING OR PROCESSING MIREX IN ITS
NIAGARA FALLS PLANT. BUT, IT HAS SENT 153 TONS OF IT TO THE SCA
POLLUTION CONTROL SERVICES CORP. PLANT IN THE NIAGARA COUNTY TOWN OF
PORTER FOR STORAGE.
INITIALLY, NEW YORK BANNED THE TAKING OF FISH FROM LAKE ONTARIO.
LATER, THE BAN WAS MODIFIED TO ADVICE TO EAT ONLY A LIMITED AMOUNT OF
LAKE ONTARIO FISH. PREGNANT WOMEN WERE ADVISED BY THE STATE TO EAT NONE
OF IT. THE STATE ALSO HAS A PROGRAM FOR WOMEN FROM LAKE ONTARIO AREAS
TO CHECK MOTHER'S MILK FOR MIREX. THE CHEMICAL IS THOUGHT TO CAUSE
LIVER DAMAGE IN HUMANS AND IS KNOWN TO CAUSE BIRTH DEFECTS IN ANIMALS.
EXACTLY WHAT CAN BE DONE ABOUT THE CHEMICAL ISN'T REALLY KNOWN.
IRONICALLY, NEW RESEARCH INDICATES THE FIRE ANT MIGHT NOT BE SUCH A
BAD THING AFTER ALL. IT APPARENTLY IS THE MORTAL ENEMY OF BOLL WEEVILS,
THE CURSE OF COTTON GROWERS BECAUSE THEY DAMAGE COTTON CROPS.
THE PRIORITY CONCERN IN NEW YORK RIGHT NOW IS POLLUTION ABATEMENT
SERVICES, THE BANKRUPT CHEMICAL WASTE PROCESSING PLANT ON THE SHORE OF
LAKE ONTARIO IN OSWEGO. THE COAST GUARD HAS SPENT $1.9 MILLION TO TRY
CLEANING UP THE CHEMICAL MESS.
"RIGHT NOW, WE ARE NEGOTIATING TO FIND OUT WHAT IS THERE. THE
COMPANY HAS NO RECORDS," GODDARD SAID OF THE 15,000 DRUMS OF MATERIAL
LEFT BEHIND BY THE COMPANY.
THE STATE'S PROPOSED SUPPLEMENTAL BUDGET CONTAIN $750,000 TO PAY FOR
TESTING TO FIND OUT WHAT IS IN THE DRUMS. THEN, THE STATE WILL
APPARENTLY HAVE TO PICK UP THE TAB FOR TREATING THE CHEMICALS AND
DISPOSING OF THE DRUMS.
CHEMICAL WASTE DRUMS CAN BE CLEANED AND REUSED. BUT, USUALLY, THE
MOST DECREPIT DRUMS ARE USED TO SHIP THE MATERIALS TO WASTE TREATMENT
SITES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 043 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
GODDARD CLAIMS NEW YORK NOW HAS ITS WASTE PROBLEMS PRETTY WELL UNDER
CONTROL, SAYING: "MOST OF IT NOW GOES TO PROPER DISPOSAL SITES."
1. CARBON TETRACHLORIDE -- A CHEMICAL USED AT ONE TIME AS A COMMON
HOUSEHOLD CLEANER. IT CAUSES ANIMAL CANCERS.
2. CHLOROFORM -- A CHEMICAL USED AT ONE TIME AS AN ANESTHETIC. IT
IS A CAUSE OF ANIMAL CANCER.
3. KEPONE -- A PESTICIDE USED AGAINST ANTS AND ROACHES. IT IS
SUSPECTED AS A CHEMICAL WHICH CAUSES CANCER IN HUMANS. IT IS KNOWN TO
CAUSE NERVE DISORDERS AND LIVER DAMAGE IN HUMANS.
4. MIREX -- A PESTICIDE USED AGAINST FIRE ANTS. IT IS THOUGHT TO
CAUSE LIVER DAMAGE AND SOME ANIMAL BIRTH DEFECTS.
5. PCB -- THE TERM USED TO DESCRIBE ABOUT 200 CHEMICALS KNOWN AS
POLYCHLORINATED BIPHENYLS. THEY ARE USED IN THE ELECTRICAL INDUSTRY AND
IN PLASTICS. MANUFACTURE IS NOW BANNED. THEY CAN CAUSE LIVER DAMAGE TO
HUMANS AND HAVE A VARIETY OF BAD EFFECTS ON FISH AND WILDLIFE.
6. POLYVINYL CHLORIDE -- FREQUENTLY REFERRED TO AS PVC. IT IS A
PLASTIC USED IN SUCH PRODUCTS AS HOUSEHOLD PIPE.
7. TETRACHLOROETHYLENE -- A CHEMICAL SOLVENT ALSO USED IN SOME
SOAPS.
8. TRICHLOROETHYLENE -- AN INDUSTRIAL SOLVENT. IT CAUSES CANCER IN
LABORATORY ANIMALS.
9. VINYL CHLORIDE -- A CHEMICAL USED TO MAKE PLASTICS, ESPECIALLY
POLYVINYL CHLORIDE. VINYL CHLORIDE CAN CAUSE HUMAN CANCER.
THE STATE BENEFITS FROM HAVING TWO OF THE BEST KNOWN COMPANIES IN THE
DISPOSAL FIELD WITHIN ITS BOUNDARIES, SGA IN THE TOWN OF PORTER AND
NEWCO CHEMICAL WASTE SYSTEMS INC. IN NIAGARA FALLS.
IN ADDITION, THE STATE COOPERATES WITH OTHER STATES TO KEEP TRACK OF
WASTES SHIPPED FROM ONE STATE TO ANOTHER. WITHOUT THE RULES UNDER THE
FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THERE IS NO
SYSTEM TO KEEP TRACK OF WASTES SHIPPED ACROSS STATE LINES.
FOR EXAMPLE, A COMPANY SEEKING TO DISPOSE OF WASTES COULD GIVE NEW
JERSEY A FORM SHOWING THE MATERIAL WAS SENT TO NEW YORK. BUT, WITHOUT
COOPERATION AMONG THE STATES, THERE WOULD BE NO GUARANTEE IT ACTUALLY
WENT.
GODDARD IS ANNOYED AT FEDERAL EPA FOR ITS DELAYS IN GETTING OUT THE
RCRA RULES.
"I'M GETTING MORE AND MORE DISCOURAGED AT WHAT I'M SEEING OF THEIR
TIME SCHEDULE," HE SAID.
EPA WAS SUPPOSED TO HAVE THE RULES LAST APRIL, 18 MONTHS AFTER THE
ACT BECAME LAW. NOW EPA, HEADED BY DOUGLAS M. COSTLE, ADMINISTRATOR,
SAYS IT WILL NOT ISSUE THE RULES UNTIL JANUARY 1980, 39 MONTHS AFTER
ENACEMENT.
PART OF GODDARD'S UNHAPPINESS INVOLVES HIS STATE'S INDUSTRIAL
MANAGEMENT ACT.
AS A RESULT OF BARGAINING WITH ASSOCIATED INDUSTRIES OF NEW YORK, AN
INDUSTRIAL LOBBYING GROUP, THE STATE LAW WILL NOT TAKE EFFECT UNTIL THE
EPA RULES ARE ISSUED.
CURRENTLY, NEW YORK HAS INCREASINGLY TIGHTER CONTROLS ON INDUSTRIAL
WASTE, INCLUDING TRANSPORTATION AND DESIGN RULES FOR HAZARDOUS WASTE
TREATMENT FACILITIES AND SECURE DUMPS.
GODDARD NOTED, "IN THE LAST FEW YEARS AND ESPECIALLY IN RECENT
MONTHS, INDUSTRY HAS BECOME ACUTELY CONSCIOUS OF THE PROBLEM."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 044 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE EIGHTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH TOXIC WASTE PROBLEMS IN TEXAS.
WORKING INLAND FROM THE GULF OF MEXICO ALONG THE HOUSTON SHIP CHANNEL
IN TEXAS IS ONE OF THE NATIONS GREATEST INDUSTRIAL COMPLEXES, A COMPLEX
TRADITIONALLY NOT FETTERED BY ANY GOVERNMENT RULES ON POLLUTION
CONTROLS.
THEN A TROPICAL STORM OR A HURRICANE WOULD SWEEP IN FROM THE GULF
EVERY ONCE IN A WHILE AND FLUSH THE CHANNEL CLEAN FOR A NEW SEASON OF
DUMPING.
IN 1971, THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) SAID THE
SHIP CHANNEL EACH DAY WAS RECEIVING 55,000 POUNDS OF OIL AND GREASE,
7,900 POUNDS OF ZINC, 5,000 POUNDS OF CADMIUM, 1,600 POUNDS OF LEAD,
1,000 POUNDS OF CYANIDE, 400 POUNDS OF PHENOL AND 200 POUNDS OF
CHROMIUM.
THE ONLY SURPRISING THING IS THAT ONE DAY THE CHEMICALS DIDN'T MIX
AND TURN THE WHOLE THING SOLID.
AFTER THE EPA ESTIMATE, IT CALLED FOR A LIMIT ON DUMPING IN THE
CHANNEL. "THE TEXAS WATER QUALITY BOARD SCOFFED AT THIS," NOTED KEITH
OZMORE, ENVIRONMENTAL ASSISTANT TO REP. BOB ECKHARDT, D-TEXAS, TO THE
COURIER-EXPRESS.
HE ADDED, "THE WATER QUALITY BAORD DID NOT DO VERY MUCH ABOUT
REDUCTIONS FROM INDUSTRY ALONG THE CHANNEL."
AT THE SAME TIME, COUPLE OF ENVIRONMENTAL MESSES HAVE ATTRACTED SOME
ATTENTION.
THE HOUSTON SHIP CHANNEL WAS ONE, ALTHOUGH IT HAS BEEN PARTIALLY
CLEANED UP. ANOTHER INVOLVED FRENCH LTD. OF HOUSTON INC., A WASTE
DISPOSAL FIRM, WITH A DUMP IN CROSBY, NEAR HOUSTON.
"THE ODOR WOULD GAG A MAGGOT," A NEIGHBOR TOLD A COURIER EXPRESS
REPORTER WHEN THE DUMP WAS OPERATING.
IN DISCUSSING WHAT HAPPENED THERE, EPA PUT IT RATHER SUCCINCTLY:
"ENVIRONMENTAL DAMAGE -- CONTAMINATION OF GROUND AND SURFACE WATERS.
AIR POLLUTION FROM OCCASIONAL FIRES. DESTRUCTION OF LOCAL VEGETATION."
OVER A PERIOD OF ABOUT SIX YEARS AT FRENCH LTD., 70 MILLION GALLONS
OF WASTE WERE DUMPED INTO AN UNLINED SAND PIT NEAR A TRUCK STOP. THEN,
ON JUNE 15, 1973, A HEAVY FLOOD FLUSHED THE DISPOSAL SITE, REMOVING MOST
WASTES INTO THE SAN JACINTO RIVER. LATER, A $5,000 FINE BY A STATE
COURT WAS ORDERED PAID TO HARRIS COUNTY. THE SITE WAS TURNED OVER TO
THE STATE INSTEAD OF PAYING A SEPARATE STATE FINE.
THIS MAY ALL BE IN THE PAST, AT LEAST ACCORDING TO J. C. NEWELL,
DIRECTOR OF PERMITS FOR THE WASTE WATERS DIVISION OF TEXAS WATER
RESOURCES DEPARTMENT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 045 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TEXAS NOW REQUIRES PERMITS FOR DUMPING SOLID INDUSTRIAL WASTE,
MONITORS THE WATE AND REQUIRES A MANIFEST SYSTEM TO INDICATE WHERE IT
GOES. THE DUMP SITE PERMITS ALSO INCLUDE THE REQUIREMENTS FOR CLOSING A
SITE.
HE CITED THE SHIP CHANNEL AS AN EXAMPLE, "IT'S NOT SUITABLE FOR
SWIMMING. BUT, CONSIDERABLE PROGRESS HAS BEEN MADE."
ECKHARDT AGREES. THE DEER PARK DEMOCRAT MUST BALANCE BETWEEN THE
ENVIRONMENT AND A DISTRICT OF WHICH HE ADMITS, "I REALLY DO HAVE MORE OF
THE CHEMICAL INDUSTRY IN MY DISTRICT THAN ANY OTHER CONGRESSMAN."
HE HAS BEEN A LEADER AGAINST DUMPING OF CHEMICALS IN THE GULF OF
MEXICO AND WAS THE KEY SPONSOR OF THE TOXIC SUBSTANCES CONTROL ACT
(TOSCA), ONE OF THE GREATEST FORWARD STEPS EVER BY GOVERNMENT IN
ATTEMPTING TO GET A CONTROL ON THE ALCHEMISTS OF INDUSTRY.
TOSCA GIVES EPA THE AUTHORITY TO REGULATE THE PRODUCTION AND USE OF
ALL CHEMICALS HARMFUL TO PUBLIC HEALTH OR TO THE ENVIRONMENT. THE LAW
REQUIRES EPA TO LIST ALL SUCH CHEMICALS NOW ON THE MARKET, TO LIMIT THE
USE OF THOSE FOUND TO BE HARMFUL AND IF NECESSARY TO BAN THEIR
PRODUCTION.
THIS LAW ALSO BANNED THE MANUFACTURE OF PCB.
THE EPA HAS BEEN SLOW IN IMPLEMENTING TOSCA.
IT ALSO HAS BEEN SLOW IN DRAWING UP THE REGULATIONS TO IMPLEMENT THE
RESOURCES CONSERVATION AND RECOVERY ACT (RCRA) SIGNED INTO LAW IN 1976.
THAT LAW GAVE EPA 18 MONTHS -- UNTIL APRIL, 1977 -- TO DRAFT THE
IMPLEMENTING REGULATIONS. THE DEADLINE HAS PASSED. NOW, EPA -- HEADED
BY ADMINISTRATOR DOUGLAS M. COSTLE, AN APPOINTEE OF PRESIDENT JIMMY
CARTER -- HAS ANNOUNCED IT WILL NOT HAVE THE REGULATIONS READY UNTIL
JANAURY, 1980. THAT WOULD BE 39 MONTHS AFTER ENACTMENT OF RCRA AND 21
MONTHS AFTER THE DEADLINE ESTABLISHED BY CONGRESS.
MEANWHILE, EPA ADMITS IT DOESN'T HAVE A HANDLE ON THE PROBLEM OF
HAZARDOUS CHEMICAL WASTES WHICH THE REGULATIONS WOULD HELP TO CONTROL.
TOSCA WAS WRITTEN AFTER SCIENTISTS MADE PUBLIC THAT VINYL CHLORIDE, A
COMMON INDUSTRIAL CHEMICAL, CAUSED A RARE AND INVARIABLY FATAL FORM OF
LIVER CANCER IN CHEMICAL WORKERS.
THERE HAD ALREADY BEEN SEVERAL PREVIOUS CASES OF
COMMON INDUSTRIAL CHEMICALS OR MATERIALS TURNING OUT TO BE
CANCER CAUSING. THESE INCLUDE ASBESTOS AND A SERIES OF COAL
TAR DIES.
IRONICALLY, THE FEDERAL GOVERNMENT HAS JUST DISCOVERED THE EPA
OFFICES IN NEW YORK CITY ARE LOCATED IN A BUILDING FILLED WITH ASBESTOS
USED IN CONSTRUCTION.
TOSCA AMOUNTS TO A COMPANION TO RCRA. TOSCA WILL CONTROL WHAT
CHEMICALS ARE ALLOWED INTO INDUSTRY AND WHICH SHOULD BE REMOVED; RCRA
WILL REGULATE THE DISPOSAL OF INDUSTRIAL CHEMICALS.
"OF COURSE THE TOXIC SUBSTANCES ACT IS RELATIVELY NEW AND IT HAS A
VERY SMALL BUDGET," ECKHARDT NOTED. HE HINTED WHY IT MAY HAVE A SMALL
BUDGET. "PERHAPS INDUSTRY IS WILLING TO GO ALONG AND THEY FEEL THEY
COULD KILL IT BY NOT PUTTING UP MONEY."
ONE AREA IN WHICH ECKHARDT FEELS HE HAS BEEN SUCCESSFUL IS OCEAN
DUMPING OF CHEMICAL WASTES. IT'S A LONG STANDING PRACTICE TO DUMP DRUMS
OF WASTE IN THE GULF OF MEXICO. MANY CONTAIN SODIUM SLUDGE AND WILL
EXPLODE IF EXPOSED TO WATER. THE IDEA IS TO PUT HOLES IN THE DRUM AND
THEN IT IS SUPPOSED TO EXPLODE UNDER WATER. BUT, SOME HAVE BLOWN UP IN
FISHERMEN'S NETS OR, IN ONE CASE, ON THE BOAT ITSELF.
IT WAS OPEN SEASON FOR CHEMISTRY. SAID ECKHARDT: "I STARTED TO
COMPLAIN A LONG TIME AGO. PEOPLE WERE SHIPPING DRUMS DOWN THE OHIO
RIVER TO DUMP IN THE BULF OF MEXICO."
THERE IS AN UNDERWATER CORAL REEF NOT FAR FROM HOUSTON IN A DUMP
-REA, THE CONGRESSMAN NOTED.
"LORD KNOWS WHAT DAMAGE THEY MAY HAVE DONE IN TERMS OF THE MARINE
LIFE AND BEAUTY OF THE AREA," HE SAID.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 046 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101284
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TRANSCRIPT
NO WAY TO COUNTER PERIL
BY DAVID E. LYNCH
WASHINGTON -- THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) NOW
ESTIMATES THERE ARE AS MANY AS 20,000 INACTIVE HAZARDOUS WASTE DUMPS
THROUGHOUT THE COUNTRY.
BUT A TOP EPA OFFICIAL ADMITTED TO THE COURIER-EXPRESS, THE AGENCY
DOES NOT EVEN HAVE AN ACCURATE INVENTORY OF THE 300 DUMPS IT SAYS ARE AN
IMMEDIATE HEALTH AND SAFETY HAZARD.
IN FACT, GARY DIETRICH, ASSOCIATE DEPUTY ASSISTANT ADMINISTRATOR FOR
SOLID WASTE FOR EPA, SAID HE IS JUST NOW PREPARING A MEMO ORDERING HIS
REGIONAL STAFF TO PREPARE AN INVENTORY OF THESE, THE MOST DANGEROUS,
SITES.
HE SAID THIS INVENTORY WILL TAKE UP TO 30 DAYS.
IN AN INTERVIEW EARLIER THIS WEEK, DIETRICH TOLD THE COURIER-EXPRESS
THAT HIS AGENCY HAS NEITHER THE LAW NOR THE MONEY TO REMEDY THE HEALTH
AND SAFETY HAZARDS POSED BY THESE INACTIVE CHEMICAL DUMPS.
AT THAT TIME, DIETRICH ACKNOWLEDGED THE 300 KNOWN DANGEROUS DUMP
SITES AND ADDED THERE MIGHT BE HUNDREDS OR THOUSANDS MORE ACROSS THE
COUNTRY. AT THAT TIME, HE GAVE NO INDICATION THAT THE FIGURE MIGHT
REACH 20,000.
BUT, HE SAID, THE EPA IS MORE CONCERNED WITH PREVENTING THE FORMATION
OF THESE DANGEROUS DISPOSAL SITES IN THE FUTURE THAN WITH ATTACKING THE
IMMEDIATE PROBLEM.
HE SAID HE HAD HIS 10 REGIONAL STAFF MEMBERS IN FOR A MEETING A FEW
WEEKS AGO, AND HE ASKED EACH OF THEM TO GIVE HIM EXAMPLES OF CHEMICAL
DISPOSAL DISASTERS ON THE MAGNITUDE OF THE LOVE CANAL, NIAGARA FALLS,
CONTAMINATION.
"EACH OF THEM HAD THREE TO FIVE EXAMPLES," DIETRICH SAID, AND
VIRTUALLY EVERY ONE OF THESE CASES WERE GENERALLY KNOWN ABOUT FOR TWO OR
THREE -- AND SOME CASES UP TO 10 -- YEARS. AND NOTHING-S BEEN DONE
ABOUT THEM."
HE SAID HE EXPECTS THE 10-MEMBER REGIONAL STAFF, THE ONLY EPA
EMPLOYEES WORKING ON THE HAZARDOUS WASTE PROBLEM OUTSIDE OF
HEADQUARTERS, TO COME UP WITH A COMPLETE INVENTORY ON ANYWHERE FROM 100
TO 300 SUCH SITES.
OF THE 11,000 EPA EMPLOYEES, ONLY161 ARE INVOLVED IN THE HAZARDOUS
WASTE AREA.
DIETRICH, AS EVERYONE ELSE AT EPA, ADMITS THE AGENCY DOES NOT KNOW
WHERE THESE DEATH TRAPS ARE. HE ESTIMATES THERE ARE SOME 300 OF THE
LOVE CANAL "TIME BOMB" NATURE, AND AGENCY ESTIMATES OF THE TOTAL NUMBER
OF INACTIVE HAZARDOUS WASTE DUMPS RANGE UP TO 20,000 THROUGHOUT THE
COUNTRY.
THE ASSOCIATE DEPUTY SAYS THERE WAS NO FEDERAL LAW TO
DEAL WITH CHEMICAL WASTE UNTIL 1976 WHEN CONGRESS ENACTED THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). THE ACT
REQUIRED EPA TO COME UP WITH REGULATIONS TO IMPLEMENT IT BY
APRIL, 1978.
THIS LEGISLATION PROMISES "CRADLE TO GRAVE" REGULATION OF CHEMICALS
AND OTHER HAZARDOUS SUBSTANCES, BUT EPA DELAY IN DRAFTING THE
REGULATIONS NOW MAKES IMPLEMENTATION OF THIS LAW IMPOSSIBLE BEFORE 1980.
ON FRIDAY, REP. HENRY J. NOWAK, D-BUFFALO, CALLED FOR A CONGRESSIONAL
INVESTIGATION OF THE EPA DELAY. HE MADE THE CALL IN A LETTER TO REP.
JOHN E. MOSS, D-CALIF., CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS. THAT SUBCOMMITTEE DEALS WITH ENFORCEMENT OF
CONGRESSIONAL ACTS.
DIETRICH SAID THE CHEMICAL INDUSTRY HAS BEEN EXPANDING IN LEAPS AND
BOUNDS SINCE THE EARLY PART OF THIS CENTURY, BUT IT WASN'T UNTIL THE
1960S THAT THE STATES BEGAN PROGRAMS TO REGULATE THE DISPOSAL OF
CHEMICAL WASTES.
AND HE IS CRITICAL OF THE STATE PROGRAM SAYING "THEY'RE STILL NOT
VERY GOOD."
FOR THE MOMENT, EPA IS LEAVING THE PROBLEM IN THE HANDS OF THE
STATES, "AND PUTTING ALL OUR ENERGEIS INTO THE PREVENTION PROGRAM
(RCRA)," DIETRICH SAID, ADDING:
"IF WE STOPPED TO LOOK AT THE RETROACTIVE PROBLEM, WE WOULD HAVE TO
DIVIDE OUR RESOURCES, AND THE PREVENTION PROGRAM WOULD BE SLOWED DOWN."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 047 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101285
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HEARINGS
TRANSCRIPT
CHEMICAL WASTE DUMPS -- PAST AND PRESENT -- ARE THREATENING THE
HEALTH OF THE NATION'S MEN, WOMEN AND CHILDREN -- PRESENT AND FUTURE.
THIS IS THE NINTH IN A COURIER-EXPRESS SERIES OF ARTICLES ABOUT THE
INCREDIBLE SITUATION. IT DEALS WITH THE PRACTICES OF WESTERN STATES IN
COPING WITH HAZARDOUS WASTES.
TWO $55 MILLION RELICS OF THE MISSLE AGE HAVE BECOME ONE OF THE MORE
INGENIOUS METHODS OF DISPOSING OF THE HAZARDOUS WASTES OF THE INDUSTRIAL
AGE.
WES-CON INC. OF TWIN FALLS, IDAHO, OWNS TWO COMPLEXES EACH BUILT TO
LAUNCH THREE TITAN MISSILES. THE SILOES ARE 160 FEET DEEP AND 50 FEET
ACROSS. THE CONCRETE IS 16 FEET THICK AT THE BOTTOM AND 11 FEET THICK
ON THE SIDES. THE SITES WERE FUILT ABOUT 20 YEARS AGO AND WERE CLOSED
IN 1964.
THE FIRM HAS ALREADY FILLED TWO OF THE THREE SILOS AT A NEAR-DESERT
SITE NEAR GRAND VIEW, IDAHO, AND IS WELL ON THE WAY TO FILLING THE
THIRD. A SECON DSITE ABOUT 40 MILES AWAY IN BRUNEAU, IS BEING PREPARED
TO TAKE WASTE IN ITS THREE SILOS.
PERHAPS 300 MILES AWAY, IN AN EQUALLY DRY AREA OF EASTERN OREGON,
CHEM-NUCLEAR SYSTEMS INC. OF BELLEVUE, WASH., OPERATES A DISPOSAL SITE
BASED ON THE ABILITY OF DRY DESERT AIR TO DRY OUT WET WASTE. CHEMICAL
WASTES ARE SIMPLY PUT OUT IN 400,000 GALLON PONDS AND LEFT TO DRY IN THE
SUN.
CALIFORNIA HAS SOME HAZARDOUS WASTE TREATMENT SITES WHICH USE THE
SAME APPROACH. THAT STATE MAY ALSO HAVE THE NATION'S BEST SYSTEM OF
RULES AND REGULATIONS GOVERNING DISPOSAL OF HAZARDOUS CHEMICALS.
CALIFORNIA ALSO HAS MORE GOOD DISPOSAL SITES THAN ANY OTHER STATE,
ACCORDING TO JAMES STAHLER, ENVIRONMENTAL ENGINEER IN THE SAN FRANCISCO
REGIONAL OFFICE OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY COVERING
CALIFORNIA, ARIZONA, HAWAII AND NEVADA.
"IT'S ONE FO THE MOST AGRESSIVE, PROGRESSIVE STATES IN THE UNION,"
STAHLER SAID OF THE STATE'S HAZARDOUS WASTE PROGRAM.
HE SHOULD KNOW. STAHLER WAS LOANED BY EPA TO CALIFORNIA IN 1973 TO
WRITE THE STATE REGULATIONS GOVERNING SOLID AND HAZARDOUS WASTES. THAT
WAS THREE YEARS BEFORE CONGRESS PASSED THE RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976 (RCRA) WHICH IS SUPPOSED TO HANDLE THE PROBLEM ON A
NATIONAL BASIS.
"BEFORE RCRA WAS A DREAM," HE COMMENTED, CALIFORNIA WAS WORKING ON
ITS LAW.
BUT, EPA IS YEARS AWAY FROM PUTTING THE REGULATIONS TO IMPLEMENT RCRA
INTO EFFECT.
CALIFORNIA HAS TO WATCH THE CHEMICAL DISPOSAL PROBLEM: THE STATE HAS
AN ESTIMATED 10 PERCENT OF THE NATIONAL TOTAL OF 92 BILLION POUNDS OF
HAZARDOUS WASTE.
THE GOLDEN STATE NOW HAS NINE HAZARDOUS WASTE SITES LICENSED TO
HANDLE HAZARDOUS WASTES. WHEN THE LAW TOOK EFFECT ON JULY 1, 9173,
THERE WERE 18. THE STEADY EXPANSION OF THE STATE -- "URBAN
ENCROACHMENT" -- HAS CUT INTO THE TOTAL.
RECENTLY A SITE NEAR SAN DIEGO WAS CLOSED BECAUSE THE OPERATOR
DECIDED RESIDENTIAL AREAS WERE CLOSING IN ON THE LOCATION. A CLOSED
SITE LIKE THIS IN A RESIDENTIAL AREA OPENS UP THE POSSIBILITY OF A
SITUATION SIMILAR TO THAT OF THE LOVE CANAL IN NIAGARA FALLS. THERE, A
HAZARDOUS WASTE DUMP WENT BAD FORCING THE EVACUATION OF THE
NEIGHBORHOOD.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 048 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101286
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TRANSCRIPT
AN IDAHO TITAN SILO SIMILAR TO THIS IS NOW USED AS TOMB FOR CHEMICAL
WASTE . . . MISSILE AGE RECYCLING.
PHOTOGRAPH OMITTED.
THERE IS PLENTY OF NEED FOR MORE SITES IN CALIFORNIA.
"I CANNOT THINK OF ANYTHING THAT THIS STATE DOESN'T PRODUCE OR USE OR
THROW AWAY," HE COMMENTED ON THE STATE'S INDUSTRIES.
UNTIL RECENTLY, STAHLER NOTED, "PERHAPS 50 PERCENT" OF HAZARDOUS
WASTE DISPOSAL OR TREATMENT "LEFT SOMETHING TO BE DESIRED."
THERE ARE BAD PAST SITES. PERHAPS THE WORST IS IN RIVERSIDE, CALIF.,
JUST OUTSIDE LOS ANGELES. A QUARRY COMPANY OPERATED A DUMP SITE THERE
FOR SEVERAL YEARS, MOSTLY TAKING HEAVY METAL SLUDTE AND ACIDS. THE
WASTES WERE DUMPED IN A SERIES OF PITS RUNNING DOWN A HILLSIDE ON THE
EDGE OF RESIDENTIAL PYRITE CANYON.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 049 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101287
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TRANSCRIPT
"WHEN THE STUFF WAS DRIED UP, THEY WOULD DIG OUT THE MIDDLE OF THE
PIT AND DUMP IT ON THE SIDE," EXPLAINED STEPHEN HERRERA, STAFF ENGINEER
WITH THE SANTA ANA REGIONAL WATER QUALITY BOARD.
THE SITE HAS BEEN CLOSED FOR FIVE YEARS AND THE PREVIOUS OWNERS "JUST
WALKED AWAY," HE SAID.
BUT, LAST YEAR, HEAVY RAINS WASHED INTO THE PITS, THREATENING TO WASH
THE ENTIRE COMPLES AND EVERYTHING IT CONTAINED DOWN THE HILL AND INTO A
RESIDENTAIL AREA. SO, PERHAPS A MILLION GALLONS OF WATER AND WASTE WERE
PUMPED OUT INTO A NEARBY STREAM. THE STREAM THEN OVERFLOWED ONTO
ADJACENT LAND.
THE POLLUTION ALSO SOMEHOW SEEPED INTO THE WELL OF AN ELEMENTARY
SCHOOL 7,000 FEET AWAY, ACCORDING TO MRS. RUTH KIRKBY, SECRETARY OF A
CITIZENS GROUP AGITATING FOR A CLEANUP OF THE ENTIRE SITE.
IT ISN'T COMPLETELY CLEAR WHAT WENT INTO THE SITE. BUT, IT IS KNOWN
TO HAVE RECEIVED A VARIETY OF ACIDS AND A LOT OF METAL SLUDGES,
ESPECIALLY FROM METAL PLATING OPERATIONS. MRS. KIRKBY HAS BEEN SO
INVOLVED IN TRYING TO GET THE SITE CLEANED UP SH HAS EVEN TALKED TO DR.
ROGER HERDMAN, NEW YORK STATE DIRECTOR OF PUBLIC HEALTH. SHE SAID SHE
TALKED TO DR. HERDMAN BECAUSE OF THE LOVE CANAL SITUATION IN NIAGARA
FALLS.
SHE EXPLAINED THAT SHE WAS WORRIED THAT THE AIR AND WATER POLLUTION
INTE AREA OF THE PYRITE CANYON MIGHT CREATE THE S-ME SORT OF
ENVIRONMENTAL DISASTER THAT OCCURRED IN NIAGARA FALLS, WHERE DANGEROUS
CHEMICALS SEEPING FROM A CLOSED DUMP HAVE FORCED EVACUATION OF A WHOLE
NEIGHBORHOOD.
CALIFORNIA HAS APPROPRIATED $375,000 TO CLEAN UP THEPYRITE CANYON
SCENE. STAHLER HAS SOME DOUBTS THAT THE MONEY IS ANYWHERE NEAR ENOUGH.
"LIKE LOVE CANAL, THEY WERE FIRST TALKING $4 MILLION, THEN $8
MILLION," HE SAID. "NOW THEY'RE TALKING $10 MILLION."
SAID MRS. KIRKBY:
"WE JUST WISH WE KNEW WHAT TO DO ABOUT THIS. IT'S A TERRIBLE THING."
BOTH THE CHEM-NUCLEAR OREGON SITE AND THE TWO WES-CON IDAHO SITES ARE
ATTEMPTS TO GET AROUND THE LOCATION PROBLEM. THAT IS ALSO TRUE OF A
SITE IN BEATTY, NEV. ALL FOUR SITES ARE LOCATED IN EXTREMELY ISOLATED,
NEARLY DESERT AREAS.
THE SITES ARE LOCATED IN FAR, OUT OF THE WAY PLACES, WITH ESSENTIALLY
NO NEIGHBORS. IN ADDITION, THE SOIL ON THE SITE WILL NOT CARRY WASTE
MATERIALS FAR AWAY. GROUND WATER IS SO FAR BELOW THE SITE, IT IS NOT
LIKELY TOFLUSH WASTE AWAY TO THREATEN NEIGHBORS.
FOR EXAMPLE, AT THE CHEM-NUCLEAR OREGON SITE, IF A POND WERE FILLED
WITH 53 INCHES OF WATER ON JAN. 1 OF AN AVERAGE YEAR, IT WOULD BE DRY ON
DEC. 31 OF THE SAME YEAR BECAUSE OF EVAPORATION. THERE IS NEGATIVE
PRECIPITATION THERE.
THE SITE OPERATES UNDER RIGID CONTROLS BY THE STATE OF OREGON. THE
STATE MUST APPROVE EVERY WASTE MATERIAL WHICH GOES INTO THE SITE.
"OUR POLICY IS THAT IF A CHEMICAL CAN BE RECYCLED, WE REQUIRE IT,"
EDUARDO G. CHIONG, AN ENGINEER IN THE HAZARDOUS WASTE SECTION OF THE
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, TOLD THE COURIER-EXPRESS.
IRONICALLY, THE MAN WHO SET UP THE OREGON SYSTEM AS A STATE CHEMICAL
ENGINEER IS NOW ON THE OTHER SIDE OF THE FENCE. PATRICK H. WICKS IS NOW
MANAGER OF CHEMICAL DISPOSAL AND TREATMENT FOR CHEM-NUCLEAR.
OREGON AGENTS MAKE FREQUENT VISITS TO THE SITE. THE COMPANY RELIES
ON THE PRODUCER OF THE WASTE FOR ANALYSIS OF THE CONTENTS.
"WE DON'T DO ANY TESTING. THAT'S DONE BEFORE IT'S SHIPPED. IT WOULD
BE PROHIBITIVE. IT'S UP TO THE INTEGRITY OF THE MANUFACTURER," SAID
FRANK DEMENT, SITE MANAGER.
CHEM-NUCLEAR HAS FIVE WORK AREAS. TWO ARE ESSENTIALLY WASTE LAKES.
THESE ARE 400,000 GALLON AREAS. ONE CONTAINS ACIDS AND THE OTHER
CONTAINS BASIC WASTES. THE BASIC WASTE LAKE HAS RINGS OF COLOR AROUND
IT FROM THE DIFFERENT WASTES, LIKE RINGS ON A BATHTUB.
ANOTHER PIT STARTED OUT AS 500 FEET LONG AND 30 FEET DEEP. IT IS
GRADUALLY BEING FILLED FROM ONE END WITH A VARIETY OF SOLID WASTES. IN
ITS BOTTOM IS A VAST, SEALED CONCRETE BOX. IT CONTAINS ROAD AND
ROADSIDE MATERIALS WHICH WERE CONTAMINATED WHEN A TANK TRUCK LOAD OF
PURE CYANIDE WAS WRECKED AND SPILLED ONTO THE HIGHWAY.
A WRECKED TRUCK IS ALSO BURIED AT CHEM-NUCLEAR. IT WAS CONTAMINATED
IN A HIGHWAY WRECK AND SIMPLY BURIED BECAUSE IT WASN'T WORTH CLEANING
AND FIXING.
THE OREGON AREA HAS TWO LARGE PITS FOR LIQUID WASTE, OTHER THAN THE
ACID AND BASIC TANKS. HERE ALSO, THE DRY AIR IS USED TO SIMPLY DRY OUT
THE WASTE. AS WITH MUCH CHEMICAL WASTE, THERE IS A LOT OF WATER IN IT.
THE FIRM HAS PILED UP TO 11 FEET OF SLUDGE IN THE BOTTOM OF TWO OTHER
PITS USED FOR OTHER LIQUID IN 30 MONTHS OF OPERATION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 050 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
WHEN 27 FEET THICK, THE DUMPING WILL BE STOPPED AND THE MATERIAL
ALLOWED TO DRY. THEN A THREE FOOT THICK DIRT CAP WILL BE PUT ON IT.
AT THE GRAND VIEW IDAHO SITE, WES-CON HAS A LITTLE DIFFERENT
APPROACH. THE SITE IN USE NOW IS LOCATED IN THE MIDDLE OF A VAST
NATURAL DEPOSIT OF THE SPECIAL "BENTONITE" CLAY USED TO SEAL HAZARDOUS
WASTES. SO, A MACHINE JUST DIGS THE CLAY OUT AND PILES IT UP TO BE USED
AS BACK FILL.
THE DRUMS OF WASTE ARE PUT INTO THE HOLE WITH A SPECIAL BUCKET AND
COVERED OVER WITH CLAY. ORIGINALLY, DRUMS OF CHEMICAL WASTES WERE JUST
DROPPED INTO THE HOLE. BUT, THERE WERE FIRES AND EXPLOSIONS AND
GOVERNMENT OBJECTIONS. SO, THE PROCEDURE WAS CHANGED.
MOST OF THE MATERIAL GOING INTO THE SILOS COMES FROM AGRICULTURE,
ACCORDING TO GENE REINBOLD, THE COMPANY PRESIDENT. THIS COVERS
PESTICIDES, WASTES FROM MAKING PESTICIDES AND RELATED MATERIALS AND
PESTICIDE CONTAINERS. A SMALL UNDERGROUND ROOM IS USED FOR DISPOSAL OF
AEROSOL CONTAINERS, MANY OF THEM FULL OF VARYING TYPES OF CHEMICALS.
THERE ARE ABOUT 3,000 CARDBOARD DRUMS OF COPPER SLUDGE STORED AROUND
THE IDAHO STIES. REINBOLD SAID THE MATERIAL IS ABOUT 30 PERDENT COPPER.
"WE'RE NOW TRYING TO GET AN ENGINEER TO GET THE COPPER OUT," HE SAID.
"THERE'S A MILLION DOLLARS WORTH OF COPPER OUT THERE."
THE WES-CON SITE IN BRUNEAU IS NOW DIFFERENT. IN ABOUT SIX MONTHS,
REINBOLD SAID, DUMPING WILL START IN THE THREE SILOS THERE. NOW, IN A
SITE TOUR CONDUCTED FOR THE COURIER-EXPRESS IT CAN BE SEEN WHERE THE $55
MILLION WNET WHEN THE AIR FORCE BUILT THIS MISSILE SITE.
BOTH THE GRAND VIEW AND BRUNEAU SITES ARE LOCATED NOT FAR FROM
MOUNTAIN HOME (IDAHO) AIR FORCE BASE, WHICH IS STILL OPERATING.
ONE VAST, VAULTED UNDERGROUND ROOM HELD A COMPLETE POWER PLANT TO
OPERATE THE ENTIRE COMPLEX WITHOUT OUTSIDE POWER. ANOTHER THREE STODY
AREA HELD THE LIVING QUARTERS AND THE CONTROL CENTER. SEEMINGLY ENDLESS
TUNNELS LINK THE SECTIONS.
IN BOTH GRAND VIEW AND BRUNEAU, THE WATER TABLE IS 2,000 FEET DOWN
BELOW THE SITE. (AT CHEM-NUCLEAR IN OREGON, THE WATER IS ONLY 800 FEET
DOWN, BUT THERE ARE TWO LAYERS OF HARD ROCK IN BETWEEN.)
WES-CON IS LICENSED TO TAKE SOLID MATERIALS CONTAMINATED WITH PCB,
BUT IT CAN'T TAKE LIQUID PCB.
REINBOLD SAID HE PLANS TO USE UNDERGROUND AREAS IN ADDITION AREAS
BESIDE THE SIX SILOS FOR SPECIAL STORAGE.
"WE HAVEN'T DECIDED YET. IT DEPENDS ON WHAT WE GET. WE WANT TO USE
IT FOR LONG TERM HEATED STORAGE OF SOME MATERIALS WHICH CAN BE RECYCLED
FOUR OR FIVE YEARS DOWN THE LINE," REINBOLD SAID.
MATERIALS FOR THE SITE COME FROM ALL OVER HE SAID. SOME COME FROM AS
FAR EAST AS NEW JERSEY, HE TOLD THE COURIER EXPRESS.
VARIOUS WASTES, ALSO ESPECIALLY PCB, COMEIN FROM CANADA.
ROGER FUENTES, A CHEMICAL ENGINEER WTIH THE EPA REGIONAL OFFICE IN
SEATTLE, WAS UNABLE TO SAY HOW MUCH CHEMICAL WASTE COMES FROM CANADA,
HOWEVER, HE SAID:
"WE DON'T HAVE THE INFORMATION AS FAR AS MOVEMENT OF HAZARDOUS WASTE.
WE DON'T HAVE THE FACILITIES TO KEEP TRACK FO THAT WITHOUT RCRA."
RCRA IS A FEDERAL LAW WHICH PROVIDES FOR "CRADLE TO GRAVE" HANDLING
OF HAZARDOUS WASTE. BUT, EPA HAS NOT YET BEEN ABLE TO PROVIDE THE
REGULATIONS TO IMPLEMENT THE LAW IN THE ALMOST TWO YEARS SINCE IT BECAME
LAW.
AS A RESULT, THE LAW IS ESSENTIALLY A DEAD LETTER.
THERE DOESN'T SEEM TO BE MUCH URGENCY ABOUT THE HAZARDOUS CHEMICAL
WASTE SITUATION IN SOME WESTERN STATES.
WASHINGTON, FOR EXAMPLE, HAS NO HAZARDOUS WASTE DISPOSAL SITE YET.
BUT IT DOES HAVE AN ALABORATE SET OF RULES WHICH TOOK EFFECT AUG. 1 TO
DEFINE WHAT IS AN "EXTREMELY HAZARDOUS" WASTE. THE STATE ESTIMATED
THERE ARE SOMEHWERE BETWEEN 20,000 AND 60,000 TONS GENERATED EACH YEAR
OF EXTREMELY HAZARDOUS WASTE.
THEY ARE CURRENTLY VERY SOFT NUMBERS," ACCORDING TO TOM COOK, HEAD OF
THE HAZARDOUS WASTE SECTION OF THE DEPARTMENT OF ECOLOGY IN OLYMPIA,
WASH., MEANING THE ESTIMATES ARE VERY ROUGH.
COOK SAID FIRMS IN HIS STATE CAN TREAT THE WASTE, STORE IT ON SITE OR
SEND IT OUT OF STATE. THAT SENT OUT OF STATE USUALLY GOES TO WES-CON IN
IDAHO OR CHEM-NUCLEAR IN OREGON.
THE STATE OF IDAHO KEEPS AN EYE ON WES-CON. THE FIRM TAKES CARE OF
ONE OF THE STATE'S PROBLEMS, THE DISPOSAL OF EMPTY PESTICIDE DRUMS.
JEROME JANKOWSKI, SENIOR ENVIRONMENTAL QUALITY SPECIALIST IN THE
SOLID WASTE SECTION IN THE IDAHO DEPARTMENT OF HEALTH AND WELFARE,
NOTED, "WE DON'T HAVE MUCH IN THE WAY OF A CHEMICAL INDUSTRY."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 051 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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PERHAPS THE LONGEST SHIPMENTS ARE FROM HAWAII. EPA'S STAHLER SAID
THERE ARE NOT CHEMICAL WASTE REGULATIONS IN HAWAII. ALL HAWAIIAN WASTE
OSTENSIBLY IS SHIPPED TO THE U.S. MAINLAND. HOWEVER, THERE IS SOME
EVIDENCE OF IMPROPER DUMPING OF CHEMICAL WASTES IN THE ALOHA STATE.
ARIZONA IS NOW COMPETING ITS HAZARDOUS WASTE REGULATIONS, WITH A
TARGET DATE OF NOV. 1 FOR EFFECTIVENESS. STAHLER SAID THEY ARE BASED ON
THE CALIFORNIA RULES. THE STATE WILL LEASE A TREATMENT AND DUMP SITE TO
A PRIVATE OPERATOR FOR HAZARDOUS WASTE AFTER THE REGULATIONS ARE
COMPLETED.
AN ISOLATED SITE IS BEING CONSIDERED.
STAHLER PUT HIS FINGER ON ONE FO THE KEY ISSUES WHEN HE TOLD THE
COURIER-EXPRESS:
"NOBODY WANTS A GARBAGE DUMP IN THEIR BACKYARD. BUT, GOD KNOWS THE
STUFF HAS TO GO SOMEWHERE."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 052 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) POSES AN
INTOLERABLE PROBLEM WHEN IT CLAIMS THAT IT IS POWERLESS TO DO ANYTHING
ABOUT CHEMICAL WASTE DUMPS WHICH IT ADMITS ARE AN IMMEDIATE THREAT TO
THE NATION'S HEALTH AND SAFETY. THERE ARE 300 SUCH HAZARDOUS DUMPS,
ACCORDING TO EPA, AND IT WOULD COST $1.5-BILLION TO CLEAN THEM UP.
THE EPA, ACCORDING TO GARY DIETRICH, THE AGENCY'S ASSOCIATE DEPUTY
ASSISTANT ADMINISTRATOR FOR SOLID WASTE, IS CONCENTRATING ON
"PREVENTION" THROUGH THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
ENACTED IN 1976 TO CONTROL THE GENERATION, TREATMENT, TRANSPORTATION,
STORAGE AND DISPOSAL OF HAZARDOUS OR TOXIC WASTES. THE AGENCY IS
ALREADY MONTHS BEHIND SCHEDULE IN ISSUING IMPLEMENTING REGULATIONS FOR
THE ACT, AND DOES NOT EXPECT TO RELEASE SUCH RULES UNTIL JANUARY, 1980.
REP. HENRY J. NOWAK, D-BUFFALO, HAS CALLED FOR A HOUSE PROBE OF THE
DELAY AND FOR LEGISLATIVE HEARINGS ON THE WASTE PROBLEM.
WHILE THE PREVENTION ASPECT IS IMPORTANT, IT SHOULD NOT PRECLUDE
DOING SOMETHING ABOUT THE PRESENT CRITICAL SITUATION. EPA SAYS THAT IT
DOESN'T HAVE THE NECESSARY AUTHORITY -- BUT WE FIND THAT HARD TO
BELIEVE. WHAT APPARENTLY IS TRUE, HOWEVER, IS THAT OUT OF A
$1.2-BILLION BUDGET AND ALMOST 11,000 EMPLOYEES, THE AGENCY IS UTILIZING
ONLY 161 WORKERS AND SPENDING ONLY ABOUT $25 MILLION TO DEAL WITH THE
PROBLEM OF HAZARDOUS WASTES. INCREDIBLE:
EPA SAYS IT DOESN'T HAVE THE MONEY OR THE AUTHORITY TO DEAL WITH WHAT
AMOUNTS TO 300 LOVE CANAL SITUATIONS. IT'S TIME EPA GOT BOTH. IT'S
HARD TO IMAGINE THAT THE FUNDS SHOULD BE ANY INSOLUBLE PROBLEM. IN A
$500-BILLION FEDERAL BUDGET, SURELY $1.5-BILLION, OR AT LEAST A START ON
THAT AMOUNT, CAN BE FOUND TO REMEDY EXISTING TOXIC THREATS TO THE
AMERICAN PUBLIC'S HEALTH. COME ON, MR. PRESIDENT, HOW ABOUT TAKING SOME
MONEY FROM THE $7.1-BILLION TO $9.2-BILLION BEING CONSIDERED FOR FOREIGH
AID -- SOME OF IT DESTINED FOR SUCH COMMUNIST-LED COUNTRIES AS
YUGOSLAVIA, APPARENTLY -- IN CURRENT LEGISLATION IN CONGRESS?
MEANWHILE, WE WERE PLEASED BY THE HOUSE OF REPRESENTATIVES' ACTION
LAST TUESDAY APPROVING AN APPROPRIATION BILL WHICH INCLUDES $4-MILLION
OF THE SCHEDULED CLEANUP EFFORTS IN THE LOVE CANAL AREA OF NIAGARA
FALLS. THE FUNDS ARE PART OF AN OMNIBUS APPROPRIATION FOR THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OTHER SUCH INDEPENDENT
GOVERNMENT AGENCIES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 053 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
IN THE SENATE, WHERE SENS. DANIEL P. MOYNIHAN AND JACOB JAVITS
EARLIER ATTEMPTED -- UNSUCCESSFULLY -- TO TAP A $10-MILLION EMERGENCY
POLLUTION CONTROL FUND AUTHORIZED UNDER THE WATER POLLUTION CONTROL ACT,
WE HOPE THERE WILLBE PROMPT ACTION ON THE AGENCIES' APPROPRIATION BILL
CONTAINING THE LOVE CANAL CLEANUP MONEY. FRANKLY, IT'S HARD TO
UNDERSTAND THE REPORTED WHITE HOUSE OBJECTIONS TO APPROPRIATION OF THE
EMERGENCY POLLUTION CONTROL FUNDS. IN A WAY, IT TIES IN WITH THE
PICTURE, SHARPLY ETCHED IN THE COURIER-EXPRESS' CONTINUING SERIES ON
WASTE-DISPOSAL PROBLEMS, OF A GENERAL FOOT-DRAGGING.
SHOULDN'T THE PRESIDENT BE ORDERING THE ENVIRONMENTAL PROTECTION
AGENCY TO BOLSTER ITS FORCES IN THE TOXIC WASTE CLEANUP FIELD? WHAT
SENSE OF PRIORITY IS BEING USED IN THIS MATTER? IF THE EPA, ON THE
OTHER HAND, IS NOT FOLLOWING THE ACTUAL PRESIDENTIAL WISHES WITH REGARD
TO IT REDIRECTING ITS RESOURCES, AS HAS BEEN SUGGESTED BY AT LEAST ONE
CONGRESSMAN, THEN CERTAINLY SOMEONE AT EPA SHOULD BE CALLED TO AN
ACCOUNTING.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 054 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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EPA LAGS BADLY
ON WASTE CURBS
BY DAVID E. LYNCH
WASHINGTON -- BACK IN 1976, THE SPONSORS OF THE RESOURCE CONSERVATION
AND RECOVERY ACT CALLED THE VEXING SOLID WASTE PROBLEM "THE STEPCHILD OF
THE ENVIRONMENTAL MOVEMENT."
BUT CONGRESS RESPONDED WITH SURPRISING SPEED AND UNANIMITY AS THE
SOLID-WASTE MEASURE SAILED THROUGH, SUPPOSEDLY MAKING RESOURCE
CONSERVATION AND RECOVERY A LEGITIMATE MEMBER OF FAMILY.
THAT WAS ON OCT. 21, 1976, ALMOST TWO YEARS AGO, AND THE
ENVIRONMENTAL GROUPS ARE NOW SAYING THE ENVIRONMENTAL PROTECTION AGENCY,
(EPA) IS STILL TREATING THE PROBLEM LIKE A STEPCHILD.
THE LAW THAT WAS ENACTED ON OCT. 21 "REQUIRED" THE EPA TO ISSUE
REGULATIONS NEEDED TO IMPLEMENT THE HAZARDOUS WASTE SECTION OF THE
STATUTE WITHIN 18 MONTHS.
THE EPA NOW SAYS THOSE REGULATIONS WON'T BE READY UNTIL JANUARY OF
1980. THE ENVIRONMENTALISTS WHO ARE SUING TO SPEED UP THIS PROCESS SAY
THEY PROBABLY WON'T BE READY BY THEN.
HERE'S WHAT THE LAW REQUIRED EPA TO DO CONCERNING HAZARDOUS WASTES:
-- ISSUE REGULATIONS WITHIN 18 MONTHS DEFINING THE WORD ILLEGIBLE
HAZARDOUS WASTES AND LISTING SPECIFIC HAZARDOUS WASTES.
THAT WON'T BE COMPLETED UNTIL 1980, ACCORDING TO DOUGLAS M. COSTLE,
ADMINISTRATOR OFTHE EPA.
-- ISSUE REGULATIONS WITHIN 18 MONTHS REQUIRING PERMITS TO OPERATE
HAZARDOUS WASTE TREATMENTS, STORAGE OR DISPOSAL FACILITIES.
THAT WON'T BE COMPLETED UNTIL 1980, ACCORDING TO THE EPA.
ESTABLISH A CIVIL PENALTY OF UP TO $25,000 A DAY FOR HAZARDOUS WASTE
VIOLATIONS THAT TAKE PLACE AFTER STATE OR FEDERAL COMPLIANCE DEADLINES;
SET A CRIMINAL PENALTY OF UP TO $25,000 A DAY AND/OR ONE YEAR IN PRISON
FOR KNOWING VIOLATIONS.
BECAUSE THE REGULATIONS ARE NOT IN PLACE, THERE ARE NO COMPLIANCE
DEADLINES TO VIOLATE AND, THEREFORE, NO PENALTIES UNDER THE LAW.
THOSE WHO HAVE BEEN HIGHLY CRITICAL OF THE EPA'S DELAY SAY IT IS
CONTRIBUTING TO THE DEADLY CHEMICAL WASTE PROBLEM THAT IT IS SUPPOSED TO
BE SOLVING.
FIRMS PRODUCING CHEMICALS WASTES ARE LOADING TOXIC, POISONOUS WASTES
INTO THEIR LESS THAN TOTALLY SAFE SITES AS FAST AS POSSIBLE BEFORE THESE
REGULATIONS ARE ISSUED.
AND THE "MIDNIGHT HAULERS," THE ILLEGAL WASTE DUMPERS WHO OPERATE
UNDER THE CLOAK OF DARKNESS, HAVE ONE LESS FEDERAL PENALTY TO WORRY
ABOUT WHILE EPA STRUGGLES WITH THE REGULATION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CONGRESS HAS BEEN ATTEMPTING TO COME UP WITH AN EFFICIENT NATIONAL
POLICY ON SOLID WASTE SINCE 1965, WHEN IT PASSED THE SOLID WASTE
DISPOSAL ACT. THE RESOURCE CONSERVATION AND RECOVERY ACT ACTUALLY
AMENDED THAT STATUTE, WHICH WAS STRENGTHENED IN 1970 BY THE RESOURCE
RECOVERY ACT.
THE 1976 BILL AUTHORIZED $365.9 MILLION FOR SOLID-WASTE PROGRAMS IN
FISCAL YEARS 1978-79. THAT INCLUDED $80 MILLION FOR EPA'S GENERAL USE,
AND $70 MILLION TO FINANCE STATE PROGRAMS, $50 MILLION FOR STATE
HAZARDOUS-WASTE PROGRAMS AND $35 MILLION TO HELP FINANCE DEMONSTRATION
PROJECTS.
THE FILL ALSO REQUIRED STATES RECEIVING FEDERAL GRANTS
TO BAN ALL OPEN DUMPING WITHIN FIVE YEARS OF ENACTMENT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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BY MICHAEL DESMOND
SAN FRANCISCO -- PUFFING AWAY ON A PIPE, STEFFEN W. PLEHN HAD A LOOK
OF CASUAL SUPERIORITY AS HE SAT ON A PLATFORM OVER A ROOM FULL OF PEOPLE
WHO ARE IN THE GARBAGE AND HAZARDOUS WASTE BUSINESS.
PLEHN IS THE ENVIRONMENTAL PROTECTION AGENCY'S DEPUTY ASSISTANT
ADMINISTRATOR FOR SOLID WASTE. IN THAT POST, HE IS IN CHARGE OF THE
FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). THIS IS THE
FEDERAL LAW SUPPOSED TO BE THE SOLUTION TO ALL PROBLEMS IN THE FIELD OF
SOLID AND CHEMICAL WASTE.
IT IS ALSO NOT IN EFFECT.
REGULATIONS GOVERNING THE APPLICATION OF GHE LAW ARE NOW NOT DUE
UNTIL JANUARY 1980, DESPITE THE MANDATE, IN THE LAW PASSED BY CONGRESS
IN 1976, TO HAVE THEM COMPLETED APRIL 21.
PLEHAN WAS HERE TO ADDRESS THE SEVENTH NATIONAL CONGRESS ON WASTE
MANAGEMENT TECHNOLOGY AND RESOURCE AND ENERGY RECOVERY, SPOONSORED BY
THE NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION.
IRONICALLY, THE ASSOCIATION HAS NOTIFIED EPA IT WILL BE SUING THE
AGENCY FOR ITS FAILURE TO PRODUCE THE RCRA RULES. EPA ALREADY HAS SUITS
BY THE STATE OF ILLINOIS AND TWO ACTIVIST GROUPS, THE ENVIRONMENTAL
DEFENSE FUND AND ENVIRONMENTAL ACTION, PENDING AGAINST FOR THE SAME
REASON.
OTHER SUITS ARE EXPECTED.
ONCE THE RULES ARE FINALLY READY TO GO, HE SAID, "WE'LL PROBABLY BE
SUED TO A LOT OF PEOPLE."
STEFFEN W. PLEHN . . . EXPECTS LITIGATION.
PHOTOGRAPH OMITTED.
THE GOVERNMENT OFFICIAL SAID THE RULES ARE LATE BECAUSE OF THE
COMPLICATED PROCEDURES FOR PUTTING THEM OUT. THEN, SPEAKING TO THE
COURIER-EXPRESS, THE TOOK A SHOT AT CONGRESS:
"IT'S ONLY IN THE ENVIRONMENTAL AREA THAT CONGRESS SETS DEADLINES FOR
REGULATIONS. IN ALMOST ALL CASES, THE DEADLINES SET BY CONGRESS ARE
MORE AMBITIOUS THAN THE AGENCY IS CAPABLE OF ACHIEVING."
AT THE SAME TIME, HE DOEN'T THINK ANY MORE MONEY WOULD SPEED UP THE
RULES. "THE CONGRESS HAS GIVEN US ALL THE RESOURCES REQUESTED IN THE
BUDGET," PLEHN SAID.
THE SOLID WASTE CHIEF IS A PROFESSIONAL BUREAUCRAT. HE IS A GRADUATE
OF HARVARD COLLEGE, WHERE HE ALSO RECEIVED A MASTER'S DEGREE IN PUBLIC
ADMINISTRATION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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FROM 1972 UNTIL 1975, HE WORKED FOR THE U.S. COUNCIL ON ENVIRONMENTAL
QUALITY, THEN SWITCHED OVER TO BE EXECUTIVE ASSISTANT TO THEN EPA
ADMINISTRATOR RUSSELL TRAIN. WHEN DOUGLAS M. COSTLE WAS NAMED TO HEAD
THE AGENCY BY PRESIDENT JIMMY CARTER IN MARCH 1977, PLEHN STAYED ON AS
EXECUTIVE ASSISTANT. HE WAS NAMED TO HIS PRESENT POST BY COSTLE 10
MONTHS AGO.
THE OFFICIAL IS NEITHER A LAWYER NOR A TECHNICIAN IN THE SOLID AND
HAZARDOUS WASTE FIELD. IN PERSON, HE LOOKS MORE LIKE AN IVY LEAGUE
COLLEGE PROFESSOR, WITH IMPECCABLE SUIT AND WING TIP SHOES.
PLEHN CLAIMS THE GAENCY IS SLOW ON THE RULES BECAUSE OF LEGAL
WORRIES.
"OUR CONCERN IS THAT OUR REGULATIONS BE TECHNICALLY SOUND AND FULLY
DEFENSIBLE LEGALLY. NOTHING WOULD BE GAINED BY PUTTING OUT REGULATIONS
THAT WOULD NOT HOLD UP IN COURT," HE SAID.
HE DENIED MORE RESOURCES WOULD HELP:
"ANY AGENCY CAN USE MORE RESOURCES. BUT, I DON'T THINK THAT'S THE
PRIMARY CONSTRAINT IN ACHIEVING THE REGULATIONS."
PLEHN SAID GOVERNMENT IS SIMPLY SLOW TO PUT OUT REGULATIONS.
AMONG THE RED TAPE, HE CITED REQUIREMENTS FOR ENVIRONMENTAL IMPACT
STATEMENTS, ECONOMIC IMPACT ANALYSES, PUBLIC COMMENT PERIODS AND
COMPLICATED REVIEWS INSIDE EACH AGENCY ISSUING RULES.
PLEHN IS COUNTING ON THE INDIVIDUAL STATES TO DO MUCH OF THE FUTURE
WORK IN THE HAZARDOUS WASTE FIELD. RCRA WILL ALLOW STATES TO ADMINISTER
THEIR OWN PROGRAMS, WITH FEDERAL GRANTS TO PAY FOR THEM. IF THE STATES
CAN'T OR WON'T DO IT, HE SAID, IT WILL COST THE FEDERAL GOVERNMENT A LOT
OF MONEY.
IN THE FISCAL YEAR WHICH STARTS OCT. 1, EPA IS PUTTING UP $15 MILLION
TO HELP STATES LOCATE HAZARDOUS WASTES AND START THEIR OWN CLEANUP
PROGRAMS. LAST YEAR, EPA PUT NO MONEY INTO SUCH ACTIVITIES. THIS YEAR,
THE AGENCY PUT UP $4.7 MILLION.
"THAT'S A FAIRLY SIGNIFICANT RATE OF INCREASE," PLEHN SAID.
EPA IS HANDLING THINGS THAT WAY BECAUSE THE AGENCY CLAIMS
IT HAS NO MONEY OR LEGAL AUTHORITY TO LOOK INTO PAST AND
CLOSED DUMPSITES. IN FACT, THE AGENCY CLAIMS TI CAN'T DO
ANYTHING ABOUT DUMP SITES NOW OPEN BUT TO BE CLOSED BY THE
TIME THE REGULATIONS TAKE EFFECT.
EVEN WHEN THE RULES ARE IN EFFECT, THEY WON'T DO ANYTHING ABOUT
SITUATIONS SUCH AS THE CHEMICALLY DEVASTATED LOVE CANAL AREA OF NIAGARA
FALLS, FOR EXAMPLE.
EPA ADMITTED TO THE COURIER-EXPRESS THURSDAY THAT 300 CLOSED CHEMICAL
WASTE DUMPS AROUND THE NATION ARE AN IMMEDIATE THREAT TO THE NATION'S
HEALTH AND SAFETY.
"OFF THE TOP OF MY HEAD, I KNOW OF 300 SITUATIONS LIKE THE LOVE CANAL
PROBLEM THAT STICK OUT LIKE SORE THUMBS," ACCORDING TO GARY DIETRICH,
ASSOCIATE DEPUTY ADMINISTRATOR FOR SOLID WASTE. HE SAID THERE ARE
HUNDREDS OF THOUSANDS MORE THAT THE EPA DOES NOT KNOW ABOUT.
THE AGENCY HAS ESTIMATED IT WOULD COST $1.5 BILLION TO CLEAN UP JUST
THE 300 KNOWN DUMPS.
EPA SAID PRESIDENT CARTER WOULD NOT RELEASE EVEN THE $10 MILLION THAT
COULD BE USED TOWARD CLEANING UP SOME OF THESE SITES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 058 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
BY MICHAEL A. HITZIK
AFTER SPENDING $6 MILLION IN THE LAST TWO YEARS STUDYING HOW TO RID
THE HUDSON RIVER OF TOXIC PCBS AND DISPOSE OF THE CHEMICALS, NEW YORK
STATE STILL DOESN'T HAVE MUCH OF AN ANSWER.
FURTHERMORE, ENVIRONMENTAL CONSERVATION COMMISSIONER PETER A. A.
BERLE IS SEEKING $25 MILLION FROM THE FEDERAL GOVERNMENT TO COMPLETE THE
CHORE.
PCBS (POLYCHLORINATED BIPHENYLS) WERE MANUFACTURED UNTIL JULY, 1977,
BY THE GENERAL ELECTRIC CORP. FOR USE AS FIRE RETARDANTS AND COOLANTS IN
ELECTRICAL TRANSFORMERS.
AFTER GATHERING EVIDENCE THAT THE COMPOUNDS COULD CAUSE
NERVOUS DISORDERS AND OTHER AILMENTS, THE FEDERAL GOVERNMENT
BANNED THEIR MANUFACTURE LAST SPRING. EXISTING PCBS, HOWEVER,
MAY BE RECYCLED FOR USE UNTIL 1983.
IT WAS GENERAL ELECTRIC'S PLANTS IN FORT EDWARD AND OTHER HUDSON
RIVER COMMUNITIES THAT DUMPED PCBS INTO THE RIVER, CONTAMINATING IT SO
THOROUGHLY THAT COMMERCIAL FISHING IS NOW BANNED FROM FORT EDWARD TO NEW
YORK CITY.
GENERAL ELECTRIC HAD DUMPED MORE THAN 600,000 POUNDS OF PCBS INTO THE
RIVER BASIN BETWEEN 1950 AND 1976. ALTHOUGH IT HAD OBTAINED STATE AND
FEDERAL DISCHARGE PERMITS, A STATE HEARING OFFICER FOUND THE COMPANY
GUILTY IN 1976 OF VIOLATING WATER QUALITY STANDARDS.
THE OFFICIAL PLACED FULL BLAME FOR THE CONTAMINATION OF THE RIVER,
HOWEVER, ON A COMBINATION OF "INDUSTRIAL ABUSE AND REGULATORY FAILURE,"
ACCORDING TO DR. LEO HETLING, RESEARCH DIRECTOR FOR THE STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION.
ACCORDINGLY, THE STATE AND GE REACHED AN AGREEMENT IN SEPTEMBER,
1976, CALLING FOR A JOINT $7 MILLION RESEARCH AND CLEANUP FUND. GE WAS
TO PROVIDE $3 MILLION FOR A CLEANUP STUDY AND $1 MILLION FOR CHEMICAL
RESEARCH, AND THE STATE WAS TO CONTRIBUTE THE REST.
ALL BUT $1 MILLION HAS BEEN SPENT, SAID DR. HETLING, MOSTLY FOR A
COMPREHENSIVE STUDY OF THE EXTENT OF CONTAMINATION AND OF PROPOSED
SOLUTIONS.
"THE REPORT LOOKED AT VARIOUS ALTERNATIVES," HE SAID "RANGING FROM
DOING NOTHING AT ALL TO DREDGING THE ENTIRE RIVER."
THE FAVORED APPROACH, APPROVED BY AN INDEPENDENT PCB ADVISORY
COMMITTEE OF STATE AND FEDERAL OFFICIALS AND MEDICAL AND CHEMICAL
AUTHORITIES, WAS TO DREDGE JUST THOSE "HOT SPOTS" WHERE CONTAMINATION OF
THE RIVER SEDIMENT WAS HEAVIEST, REMOVING 300,000 POUNDS OF PCBS.
UNDER THE AGREEMENT, GE BEGAN DEVELOPING AN ENVIRONMENTALLY SAFE
SUBSTITUTE FOR PCBS, WHICH IT CALIMS TO HAVE FOUND AND PLACED INTO
PRODUCTION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THE COMPANY'S EFFORT TO FIND A MEANS OF DISPOSAL OR DECONTAMINATION
OF THE PCB-LADEN RIVER SEDIMENT HAS BEEN LESS PRODUCTIVE, HOWEVER.
GE INVESTIGATED THREE METHODS: PYROLYSIS OR "COOKING" THE SEDIMENT
TO DEGRADE THE PCBS; INCINERATION, AND FINDING WHETHER BACTERIA EXIST
NATURALLY TO DESTROY THE CHEMICALS.
IT ACQUIRED A SPECIAL PERMIT TO SEND 40 DRUMS OF SEDIMENT TO A NEW
JERSEY LABORATORY FOR INCINERATION AND FOUND THAT TEMPERATURES OF 1,000
DEGREES FAHRENHEIT AND HIGHER DESTROY THE COMPOUNDS.
"BUT TO REACH THOSE TEMPERATURES," SAID DR. MANUEL AVEN, MANAGER OF
GE'S PHYSICAL CHEMISTRY LABORATORY IN SCHENECTADY, "YOU HAVE TO BURN AN
AWFUL LOT OF OIL TO RUN THE FURNACE."
FIGURES DEVELOPED BY THE STATE SHOW THAT THE COST OF INCINERATING THE
1.6 MILLION CUBIC YARDS OF RIVER BOTTOM PRODUCED BY "HOT SPOT" DREDGING
WOULD COME TO $16 MILLION IN FUEL ALONE, ADDED TO $21 MILLION IN
DREDGING COSTS AND UNDETERMINED TRANSPORT CHARGES.
AVEN'S CONCLUSION WAS THAT INCINERATION IS "RATHER PROHIBITIVE
ECONOMICALLY," ALTHOUGH GE WILL LEAVE TO THE STATE THE DECISION ON
WHETHER THE METHOD IS WORTHWHILE.
PYROLYSIS, IN ESSENCE ANOTHER FORM OF INCINERATION, WAS SIMILARLY
DEEMED OVERLY COSTLY.
GE SCIENTISTS, HOWEVER, DID DISCOVER THAT BACTERIA EXIST IN THE
ENVIRONMENT WITH AN APPETITE FOR PCBS, BREAKING THEM DOWN INTO WATER,
CARBON DIOXIDE, AND CARBON-BASED ACIDS. THE ORGANISMS, APPARENTLY
EVOLVED PRECISELY BECAUSE PCBS WERE AVAILABLE FOR THEM TO FEAST ON.
"BUT IT'S PREMATURE TO DISCUSS PRACTICAL APPLICATIONS OF THE
FINDING," SAID DR. RONALD BROOKS, MANAGER OF THE SCHENECTADY
LABORATORY'S ENVIRONMENTAL UNIT.
HE SAID GE'S GOAL IS TO DETERMINE THE CONDITIONS UNDER WHICH THE
BACTERIA WORK BEST AND MOST RAPIDLY TO CONSUME PCBS, "CONDITIONS WE ARE
QUITE FAR FROM PREDICTING IN THE LAB."
AVEN SAID THAT, ALTHOUGH GE'S OBLIGATION TO CONTINUE ITS STUDY HAS
EXPIRED UNDER THE TERMS OF THE AGREEMENT, INVESTIGATION OF BACTERIAL
DISPOSAL WILL CONTINUE AS PART OF THE COMPANY'S GENERAL MICROBIOLOGY
PROGRAM.
IN THE MEANTIME, THE STATE'S EFFORT TO CLEAN THE RIVER WILL BE
LIMITED, MONEY PERMITTING, TO DREDGING THE HOT SPOTS AND DEPOSITING THE
SEDIMENT INDEFINITELY IN CAREFULLY CONSTRUCTED LANDFILLS.
"THE PROBLEM THERE IS MAINTENANCE," COMMENTED DR. HETLING.
NO SURE WAY HAS BEEN FOUND TO GUARANTEE THAT A TOXIC LANDFILL WILL BE
PROPERLY MAINTAINED THROUGH WHAT COULD BE DECADES OF RESEARCH.
NEVERTHELESS, THE DEPARTMENT HAS COMBED ALL LAND WITHIN THREE MILES
OF THE HUDSON SEEKING ADEQUATE LANDFILL SITES, AWAY FROM RESIDENTIAL
AREAS, WETLANDS, PINE FORESTS, HISTORICAL SITES AND OTHER IMPORTANT
REGIONS.
FORTY ACRES IN THE UPPER HUDSON BASIN MEET THE DEPARTMENT'S "STRICTLY
TECHNICAL CRITERIA," SAID DR. HETLING, BUT STILL FACE PUBLIC AND
POLITICAL RESISTANCE AND EXTENSIVE ENVIRONMENTAL STUDIES.
THE REMAINING $1 MILLION FROM THE GE-STATE AGREEMENT IS BEING USED TO
DREDGE A SECTION OF THE HUDSON JUST SOUTH OF FORT EDWARD WHERE
CONTAMINATION HAS WORST AND WAS COMPOUNDED BY THE DEMOLITION OF AN
UNUSED NIAGARA MOHAWK CORP. POWER DAM IN 1975.
THE DEMOLITION SENT PCB-LADEN SEDIMENT THAT HAD ACCUMULATED BEHIND IT
DOWNSTREAM. THE SEDIMENT IS BEING REMOVED AND THE LOCAL SHORELINE
COVERED WITH "RIP-RAP," OR CRUSHED STONE, TO END THE INFILTRATION. THE
SEDIMENT IS DEPOSITED IN A CLAY-LINED LANDFILL IN THE TOWN OF MOREAU,
ACROSS THE RIVER FROM FORT EDWARD AND ABOUT 40 MILES NORTH OF ALBANY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 060 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
BY DAVID E. LYNCH
WASHINGTON -- DOUGLAS M. COSTLE, 38, THE ADMINISTRATOR OF THE
ENVRIONMENTAL PROTECTION AGENCY IS A CAUTIOUS MAN, A MAN WHO SAYS HIS
AGENCY "SHOULD DO ITS HOMEWORK" BEFORE TAKING ANY ACTION.
HE SAID THAT EARLY IN HIS ADMINISTRATION WHEN NATIONAL ENVIROMENTAL
GROUPS HAILED HIS APPOINTMENT AS A SIGNAL THAT PRESIDENT CARTER WOULD
GIVE A HIGH NATIONAL PRIORITY TO PRESERVING AND ENHANCING THE
ENVIRONMENT.
THE ENVIRONMENTAL GROUPS THAT HAVE BEEN WAITING ALMOST TWO YEARS TO
COSTLE TO ISSUE REGULATIONS ON HAZARDOUS WASTE DISPOSAL NOW SAY HE IS
TOO CAUTIOUS, THAT HE IS OVER DOING HIS HOMEWORK WHILE THE HEALTH AND
SAFETY OF THE AMERICAN PEOPLE ARE IMPERILED BY ALMOST DAILY DISCOVERIES
OF HAZARDOUS WASTE DUMPS.
THE ENVIRONMENTAL DEFENSE FUND AND ENVIRONMENTAL ACTION AS WELL AS
THE STATE OF ILLINOIS EARLIER THIS YEAR LOST THEIR PATIENCE. THEY SUED
THE EPA FOR FAILING TO ISSUE REGULATIONS ON THE RESOURCE CONSERVATION
RECOVERY ACT (RCRA).
THE LAW THAT REGULATES SOLID WASTES FROM "CRADLE TO THE GRAVE" WAS
ENACTED BY CONGRESS IN 1976 WITH INSTRUCTIONS TO EPA THAT THE
REGULATIONS WERE TO BE ISSUED WITHIN 18 MONTHS. THAT DEADLINE WAS UP
LAST APRIL, AND COSTLE NOW SAYS THE REGULATIONS NECESSARY TO IMPLEMENT
THE LAW WON'T BE READY UNTIL JANUARY OF 1980.
LESLIE DACH, THE SCIENCE ASSOCIATE AT THE ENVRIONMENTAL DEFENSE FUND,
DOUBTS THAT THEY WILL BE READY BY THEN.
DOUGLAS M. COSTLE . . . A CAUTIOUS MAN.
PHOTOGRAPH OMITTED.
DACH AND OTHER ENVIRONMENTAL LEADERS MET WITH COSTLE ABOUT THREE
WEEKS AGO TO DISCUSS THE DELAY. DACH SAID THE ADMINISTRATOR ASSURED
THEM THAT THE RCRA RETULATIONS WERE HIS TOP PRIORITY. BUT HE IS BEING
ESPECIALLY CAUTIOUS IN AN EFFORT TO MAKE SURE THE RULES STAND UP TO THE
INEVITABLE COURT SUIT THAT WILL FOLLOW THEIR ISSUANCE.
"I DON'T THINK COSTLE IS PURPOSELY DELAYING THE REGULATIONS," DACH
SAID. BUT DACH IS HIGHLY CRITICAL OF COSTLE'S APPROACH TO THE JOB.
HE SAID THE EPA HAS ALL THE DATA IT NEEDS TO START WRITING THE RULES.
"IT'S JUST THAT THEY'RE AFRAID TO BITE THE BULLET ON TOUGH POLICY
ISSUES SUCH AS HOW BROAD AND STRINGENT THE RULES SHOULD BE."
HE FAULTS COSTLE FOR NOT STEPPING IN AND PUTTING DOWN THE "QUIET
WARFARE" BETWEEN THE EPA DEPARTMENTS THAT HAS ARISEN THROUGH THE RULE
MAKING PROCESS.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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TRANSCRIPT
DACH SAYS RCRA HAS THE POTENTIAL TO VIRTUALLY CONTROL AIR AND WATER
STANDARDS, AND THE PEOPLE WORKING IN THOSE DEPARTMENTS AND OTHERS IN THE
AGENCY ARE AFRAID RCRA WILL TAKE AWAY SOME OF THEIR AUTHORITY.
HE SAYS COSTLE'S SCHEDULE FOR ISSUING THE REGULATIONS IS "FILLED WITH
FAT," CALLING FOR A SIX-MONTH POLICY REVIEW PERIOD AFTER THE PUBLIC HAS
HAD 180 DAYS TO COMMENT ON THE PROPOSAL.
THE ACTUAL RULES ARE EXPECTED TO BE READY THIS COMING JANUARY. A
YEAR-LONG REIVEW COMMENT PERIOD IS TO FOLLOW. DACH AND THIS ASSOCIATES
SAY THIS CAN BE CUT IN HALF.
HE SAYS THE POLICY QUESTIONS SHOULD BE ANSWERED BY NOW, NEVER MIND
NEXT YEAR. "COSTLE IS BEING TOO CAUTIOUS."
THIS CAUTIOUS COSTLE HAS CAUSED MANY IN THE ENVRIONMENTAL MOVEMENT TO
TAKE ANOTHER LOOK AT THE MAN THEY THOUGHT WOULD GIVE THEM THE "GET
TOUGH" ADMINISTRATION THEY WERE LOOKING FOR.
THEY SAY HE LET THE CARTER ADMINISTRATION GET AWAY WITH TOO MUCH IN
ITS ENERGY AND ANTI-INFLATION PROGRAMS.
ENERGY DEPARTMENT HEAD JAMES R. SCHLESINGER HAS PUBLICALLY OPPOSED
COSTLE'S ENFORCEMENT OF CLEAN AIR STANDARDS, SAYING IT RUNS COUNTER TO
THE ADMINISTRATION'S PUSH FOR THE INCREASED USE OF LOW SULFUR COAL FROM
THE WEST.
ROBERT S. STRAUSS, THE FORMER DEMOCRATIC PARTY CHIEF, WHO HEADS
CARTER'S ANTI-INFLATION EFFORTS, HAS CALLED ON COSTLE TO EASE OFF ON
ENVRIONMENTAL REGULATIONS TO HELP BUSINESSES HOLD THE LINE ON PROCES.
DACH AND OTHERS INTHE ENVIRONMENTAL MOVEMENT SAY COSTLE WAS AT FIRST
COWED BY STRAUSS AND SCHLESINGER, WHO WERE PRESSING THEIR POINTS IN
SPEECHES THROUGHOUT THE COUNTRY.
DACH SAID COSTLE MISSED THE OPPORTUNITY TO "GET OUT OF THE PUBLIC
ARENA" AND FIGHT FOR HIS PROGRAMS AGAINST SCHLESINGER AND STRAUSS.
THE SCIENCE ASSOCIATE SAYS THE EPA ADMINISTRATOR SEEMS TO BE FLEXING
HIS MUSCLES A BIT NOW. HE IS FIGHTING AGAINST THE PRESSURE COMING FROM
SCHLESINGER AND STRAUSS, BUT HE LOST SOME IMPORTANT EARLY TIME.
ASKED TO RATE COSTLE'S PERFORMANCE TO DATE, DACH GIVES HIM A "B",
SAYING THE ADMINISTRATOR HAS "DONE A LOT BETTER THAN HIS PREDECESSORS."
COSTLE WAS VIEWED AS A NATURAL FOR THE JOB WHEN HE WAS FIRST
APPOINTED BY PRESIDENT CARTER IN 1977.
HE WAS A RELATIVELY YOUNG 37, A LIBERAL TO MODERATE DEMOCRAT IN THE
CARTER MOLD, A MEMBER OF THE FEDERAL COMMISSION THAT RECOMMENDED THE
CREATION OF THE EPA IN 1970. A FORMER JUSTICE DEPARTMENT LAWYER, HE WAS
COMMISSIONER OF THE CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION.
HIS WORK IN CONNECTICUT EARNED HIM THE RESPECT OF BOTH THE
ENVIRONMENTAL GROUPS AND INDUSTRY.
HE ALSO CAME INTO AN ADMINISTRATION THAT PROMISED TO GIVE ITS EPA
MORE SUPPORT THAN THE ADMINISTRATORS UNDER FORMER PRESIDENTS NIXON AND
FORD HAD.
COSTLE HAS HAD IT RELATIVELY EASY UP TO THIS POINT. LIKE EVERY EPA
ADMINISTRATOR BEFORE HIM, HE HAS AT ONE TIME OR ANOTHER INCURRED THE
RATH OF INDUSTRY AND THE ENVIRONMENTALISTS. IT COMES WITH THE
TERRITORY.
BUT THAT HAS BEEN A "PIECE OF CAKE" COMPARED WITH WHAT HE FACES NOW.
HIE DELAY ON THE RCRA REGULATIONS HAS ANGERED THE ENVIRONMENTALISTS.
THE ACTUAL RULES ARE SURE TO DISAPPOINT BOTH THE ENVIRONMENTALISTS
AND THE INDUSTRIALISTS, WITH THE ENVIRONMENTALISTS SEEING THE RULES AS
TOO NARROW AND THE INDUSTRIALISTS AS TOO BROAD.
AND THE PEOPLE LIVING AROUND THE ESTIMATED 20,000 CHEMICAL DUMPS
LOCATED THROUGHOUT THIS COUNTRY MIGHT COMPLAIN THAT THE REGULATIONS ARE
NEITHER TOO TOUGH OR TOO WEAK, THEY'RE TOO LATE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 062 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
BY MICHAEL DESMOND
WILLIAM J. CARRACINO, PRESIDENT OF THE CHEMICAL CONTROL CORP. OF
ELIZABETH, N.J., WILL HAVE TIME IN THE NEXT COUPLE OF YEARS TO THINK
ABOUT ILEGAL DUMPING OF CHEMICAL WASTE.
ON SEPT. 8, CARRACINO WAS GIVEN A TWO- TO THREE-YEAR SENTENCE IN A
NEW JERSEY STATE PRISON AFTER HE WAS CONVICTED ON A SERIES OF CHARGES
INVOLVING ILLEGAL DISPOSAL OF CHEMICAL WASTES. HE ALSO WAS FINED
$22,000 IN ESSEX COUNTY, N.J., SUPERIOR COURT.
HE WAS NOT ALONE. CONVICTED WITH HIM WAS A GROUP OF HIS EMPLOYEES,
ON THE SAME CHARGES. ONE WAS GIVEN THE SAME JAIL SENTENCE AND FINED
$20,000. ANOTHER WAS GIVEN ONE YEAR IN THE COUNTY JAIL. AN EMPLOYEE
WHO TESTIFIED FOR THE PROSECUTION RECEIVED 30 DAYS IN THE COUNTY JAIL.
THE CORPORATION WAS FINED $75,000. IT HAS NEW OWNERSHIP, NEW JERSEY
OFFICIALS SAID.
THE FIRM OPERATES FROM A WATERFRONT SITE IN ELIZABETH. THERE IS NO
FENCE AND WASTE DRUMS ARE PILED UP RIGHT TO THE CURB LINE, A VISIT FROM
THE COURIER-EXPRESS FOUND. A STENCH HANGS OVER THE AREA.
CHEMICAL CONTROL HAS BEEN A WELL-KNOWN PROBLEM FIRM IN THE WASTE
DISPOSAL FIELD. A SUIT IS PENDING AGAINST IT IN RHODE ISLAND OVER A
SITE IN SMITHFIELD, R.I., WHERE MANY DIFFERENT CHEMICALS WERE DUMPED.
THE ELIZABETH FIRM IS A SMALL ONE. BUT LARGE CORPORATIONS CAN HAVE
PROBLEMS IN WASTE DISPOSAL, TOO.
THE HOOKER CHEMICALS & PLASTICS CORP. HAS RECEIVED A GREAT DEAL OF
ATTENTION RECENTLY AS THE COMPANY WHICH ONCE OPERATED A DUMP SITE IN THE
LOVE CANAL SECTION OF NIAGARA FALLS.
A VARIETY OF POTENTIALLY DEADLY CHEMICALS HAVE SEEPED FROM THE SITE,
FORCING OFFICIALS TO DEVELOP CONTINGENCY PLANS FOR THE EVACUATION OF
HUNDREDS OF FAMILIES, PERHAPS PERMANENTLY, IF NECESSARY.
BUT HOOKER ALSO IS WELL KNOWN TO OFFICIALS IN OHIO AND MICHIGAN
BECAUSE OF THE DISPOSAL OF CHEMICAL WASTE FROM THE FIRM'S PLANT IN
MONTAGUE, MICH.
STATE AND LOCAL OFFICIALS ON LONG ISLAND ARE FAMILIAR WITH THE FIRM,
SINCE VINYL CHLORIDE FORMERLY MADE IN A HOOKER PLANT TURNED UP SEVERAL
YEARS AGO IN WELLS AT THE GRUMMAN AEROSPACE CORP. IN BETHPAGE.
ANGLERS IN THE NIAGARA FRONTIER ARCA ARE FAMILIAR WITH HOOKER BECAUSE
OF DISCHARGES OF MIREX FROM ITS NIAGARA FALLS PLANT FOUND IN FISH IN
LAKE ONTARIO.
CHEMICAL WASTE DUMPS-- PAST AND PRESENT-- ARE THREATCNING THE HEALTH
OF THE NATION'S MEN, WOMEN AND CHILDREN-- PRESENT AND FUTURE. THIS IS
THE TENTH IN A COURIER-EXPRESS SERIES OF ARTICULES ABOUT THE INCREDIBLE
SITUATION. IT DEALS WITH THE CASE HISTORIES OF SEVERAL DISPOSAL
INCIDENTS.
THE LOVE CANAL SITUATION HAS MADE MANY AVERAGE CITIZENS MORE LIKELY
TO SPOT SIMILAR ACTIVITIES.
BUTY IN TOONE, TENN., LAST WINTER, IT TOOK ONLY THE SUDDEN ADDITION
OF COLOR TO LOCAL DRINKING WATER TO MAKE LOCAL RESIDENTS WONDER WHAT WAS
GOING ON. THE WATER DEVELOPED A STRANGE ODOR, LIKE THAT OF AN
INSECTICIDE, AND A RASH OF STOMACH CRAMPS AND DIZZY SPELLS HIT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 063 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
VELSICOL CHEMICAL CORP. OF CHICAGO HAS DUMPED 350,000 55-GALLON DRUMS
OF WASTE FROM ITS MEMPHIS PLANT IN A FIELD OUTSIDE TOONE. THE WASTE
INCLUDED TOLUENE, HETACLOROBENZENE AND TETRACHLOROETHYLENE.
CHLORDANE - A PESTICIDE WHOSE USE IS NOW BANNED.
C-56 - THE TRADE NAME OF THE HOOKER CHEMICALS & PLASTICS CORP. FOR
HEXACHLOROCYCLOPENTADIENE. VERY LITTLE IS KNOWN ABOUT ITS EFFECTS ON
HUMANS, BUT IN INDUSTRIAL USE VERY LOW EXPOSURE IS RECOMMENDED.
HEPTACHLOR - ANOTHER NOW BANNED PESTICIDE CLOSELY RELATED TO
CHLORDANE.
KEPONE - A PESTICIDE USED AGAINST ANTS AND ROACHES. IT IS KNOWN TO
CAUSE NERVE DISORDERS AND LIVER DAMAGE IN HUMANS.
MIREX - A PESTICIDE USED AGAINST FIRE ANTS. IT IS THOUGHT TO CAUSE
LIVER DAMAGE AND SOME ANIMAL BIRTH DEFECTS.
PHOSVEL - A PESTICIDE WHICH CAUSES SEVERE NERVE DAMAGE TO HUMANS AND
KILLS IN RELATIVELY LOW DOSES. IT WAS MADE IN THIS COUNTRY BUT WAS
NEVER FORMALLY LICENSED FOR USE HERE.
TRIS-BP - A FLAME RETARDANT USED IN CHILDREN'S SLEEPWEAR. IT WAS
BANNED WHEN RESEARCH INDICATED IT MAY CAUSE HUMAN CANCER AND THAT DID
CAUSE GENETIC DAMAGE IN LABORATORY TESTS.
VINYL CHLORIDE - A CHEMICAL USED TO MAKE PLASTICS, ESPECIALLY
POLYVINYL CHLORIDE. VINYL CHLORIDE CAN CAUSE HUMAN CANCER.
BUT THE COMPANY DENIES THAT, JUST BECAUSE MANY OF THE SAME CHEMICALS
ARE IN THE WATERAND IN THE WELLS, THE TWO ARE CONNECTED.
"WE DON'T BELIEVE THERE IS ANY EVIDENCE OR REASON TO BELIEVE UP TO
THIS TIME THAT ANY UNDERGROUND CONTAMINATION COULD HAVE TAKEN PLACE,"
ACCORDING TO RICHARD BLEWITT, VELSICOL DIRECTOR OF PUBLIC AFFAIRS.
"ONE OR MORE CHEMICALS FOUND IN THOSE WELLS COULD NOT HAVE COME FROM
OUR FORMER SITE," HE TOLD THE COURIER-EXPRESS.
THE FIRM OPERATED THE SITE FROM 1965 TO 1972.
VELSICOL AND TENNESEE ARE NOW DOING A STUDY TO TRY TO DETERMINE
EXACTLY WHAT DID HAPPEN IN THAT RURAL AREA OF SOUTHWEST TENNESEE.
THE INDUSTRY JOURNAL "CHEMICAL WEEK" SAID IN ITS AUG. 23 ISSUE OF
COMPANY DIFFICULTY:
"NO CHEMICAL COMPANY HAS PROBABLY FACED A GREATER ONE: SURVIVAL
AFTER A SERIES OF ENVIRONMENTAL CALAMITIES ANDPERHAPS JUST PLAIN BAD
LUCK. FOR AFTER A RELATIVELY UNEVENTFUL FIRST 40 YEARS OR SO OF
EXISTENCE, VELSICOL IN THE PAST FOUR YEARS HAS SHOT INTO PROMINENCE AS
AN 'ENVIRONMENTAL BAD GUY,' THE BUTT OF SNIDE REMARKS EVEN WITHIN THE
INDUSTRY."
IN ADDITION TO TOONE, TENN., THE COMPANY IS KNOWN FOR ITS MANUFACTURE
OF THE PESTICIDE PHOSVEL WHICH ALLEGEDLY CAUSED NERVE DAMAGE IN
PRODUCTION WORKERS; ITS MANUFACTURE OF THE NOW BANNED PESTICIDES
CHLORDANE AND HEPTACHLOR; MANUFACTURER OF THE FIRE RETARDANT TRIS--
INVESTIGATED AS A SUSPECTED CAUSE OF CANCER-- USED IN CHILDREN'S
SLEEPWEAR, AND AN INCIDENT OF ALLEGEDLY ILLEGAL WASTE DUMPING.
ON MARCH 29, 1977, A TOTAL OF 35 EMPLOYEES OF THE MORRIS FORMAN
SEWAGE TREATMENT PLANT IN LOUISVILLE, KY., WERE TAKEN TO A HOSPITAL FOR
CARE OF BLISTERS, SORE THROATS AND CHEST PAINS.
FOR THE NEXT TWO MONTHS, 100 MILLION GALLONS OF SEWAGE PER DAY WAS
DIVERTED STRAIGHT INTO THE OHIO RIVER. THE PLANT AND SEWER LINES WERE
FOUND TO BE CONTAMINATED WITH THREE HIGHLY TOXIC CHEMICALS USED TO MAKE
PESTICIDES.
EVENTUALLY, INVESTIGATORS CLAIMED TO HAVE TRACKED THE MATERIAL BACK
TO VELSICOL. THE CHICAGO CHEMICAL FIRM HAD HIRED A COMPANY TO DISPOSE
OF WASTE. THE FIRST FIRM HIRED A SECOND FIRM. THE PRESIDENT,
SECRETARY-TREASURER AND AN EMPLOYEE OF THE SECOND FIRM WERE SUBSEQUENTLY
INDICTED, CHARGED WITH DUMPING THE WASTES INTO A SEWER IN AN ABANDONED
LOT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 064 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TRANSCRIPT
VELSICOL CLAIMS AN INVESTIGATION BY THE FBI FOUND THE FIRM "DID NOT
ACT NEGLIGENTLY."
BRUCE DAVIS, EXECUTIVE VICE PRESIDENT FOR THE INDUSTRIAL CHEMICALS
GROUP OF HOOKER, MADE A SIMILAR CLAIM-- THAT A REPUTABLE COMPANY WAS
HIRED TO DISPOSE OF WASTE-- TO THE COURIER EXPRESS IN TWO SEPARATE
INCIDENTS INVOLVING THE MONTAGUE, MICH., PLANT.
IN ONE CASE, DAVIS SAILD HE WAS UNAWARE OF THE FACTS UNTIL THEY WERE
POINTED OUT TO HIM BY THE COURIER-EXPRESS.
HE WAS ASKED ABOUT 6,500 GALLONS OF A CHEMICAL KNOWN AS C-56, USED TO
MAKE PESTICIDES, WHICH WERE SITTING IN A DECREPIT SUMMIT NATIONAL
SERVICES CHEMICAL TREATMENT SITE OUTSIDE AKRON, OHIO. DAVIS INITIALLY
DENIED THE CHEMICALS IN A TANK TRUCK AND A STANDING TANK WERE FROM
HOOKER.
SEVERAL HOURS LATER, HE CALLED BACK TO ADMIT THE MATERIALS WERE FROM
HOOKER. HE SAID LOWER-LEVEL COMPANY OFFICIALS WERE AWARE OF THE
MATERIAL AND HAD PICUTRES OF THE MESSY SITE.
ON FRIDAY, DAVIS SAID THE MATERIAL WAS STILL IN THE OHIO FIELD. IF
MICHIGAN OFFICIALS HAVE THEIR WAY, IT WON'T COME BACK TO THEIR STATE.
IT HAS BEEN IN OHIO FOR NEARLY TWO YEARS.
ON MARCH 11, 1977, JACK D. BAILS, CHIEF OF THE OFFICE OF PROGRAM
REVIEW AND PROJECT CLEARANCE FOR THE MICIGAN DEPARTMENT OF NATURAL
RESOURCES (DNR), REPORTED ON SUMMIT NATIONAL SERVICES TO HOWARD A.
TANNER. DNR DIRECTOR. HE REPORTED ON A MEETING WITH SUMMIT OWNER DON
GEORGEOFF:
"YOU WILL NOTE ON PAGE 2 OF THE MEETING NOTES THAT THE OWNER OF THE
FACILITY, MR. GEORGEOFF, PROPOSES TO DIVERT OTHER WASTE SOURCES TO
MICHIGAN WHILE HE REBUILDS HIS INCINERATOR. AT THIS POINT, I THINK A
LETTER FROM THE ATTORNEY GENERAL INDICATING THAT NO SUCH WASTES WILL BE
ALLOWED BACK INTO MICHIGAN WITHOUT AN APPROVE PLAN AND DISPOSAL
LOCATION."
DAVIS LATER COMMENTED TO THE COURIER-EXPRESS, "I DON'T KNOW HOW THE
HELL WE'RE GOING TO GET IT OUT. BUT, WE WILL. FROM A LEGAL POINT OF
VIEW, WE DON'T KNOW IF WE HAVE ANY RESPONSIBILITY. BUT, WE WILL GET IT
OUT."
HOOKER AND MICHIGAN WERE INVOLVED IN AN EARLIER BATTLE OVER WASTE
FROM MONTAGUE. IN THE SUMMER OF 1976, APPROVED INDUSTRIAL REMOVAL WAS
HIRED BY HOOKER TO TAKE AWAY WASTE FROM THE MICHIGAN PLANT.
HOOKER SAID IT WAS TOLD BY THE HAULER THE WASTE WAS GOING TO A
SPECIAL DISPOSAL SITE NEAR DETROIT.
INSTEAD, THE HAULER BURIED A 10,000-GALLON TANK IN A GARBAGC DUMP IN
CENTRAL MICHIGAN. ABOUT 5,000 GALLONS OF C-56 WAS PUT INTO THE TANK.
LATER, 3,000 GALLONS OF C-56 WAS PUT INTO ANOTHER BURIED 5,500-GALLON
TANK.
SOMEONE BLEW THE WHISTLE ON THE SITUATION. THE STATE OBTAINED A
COURT ORDER AND DUG UP THE WASTE SITE. THE TANKS WERE FOUND AND DUG UP.
THE C-56 WAS SENT BACK TO HOOKER AND, ULTIMATELY, SENT TO AN
INCINERATOR IN EL DORADO, ARK., FOR BURNING.
SOME C-56 IS REPORTED "MIGRATING" IN UNDERGROUND WATER FROM THE
MONTAGUE PLANT TOWARD WHITE LAKE, A DRINKING WATER SOURCE THERE.
OTHER CHEMICALS ALLEGEDLY HAVE BEEN FOUND IN NEARBY WELLS.
THE STATE OF NEW JERSEY HAS A SERIOUS CHEMICAL WASTE PROBLEM. IT IS
SO SERIOUS THAT ILLEGAL DUMPING IS A FORMAL SUBJECT OF INVESTIGATION OF
THE WHITE COLLAR CRIME UNIT OF THE STATE DEPARTMENT OF LAW AND PUBLIC
SAFETY.
DEPUTY ATTORNEY GENERAL ROBERT FORD TOLD THE COURIER-EXPRESS HE HAS A
GRAND JURY LOOKING INTO THE WHOLE PROBLEM OF WASTE DISPOSAL AND
"MIDNIGHT DUMPING."
HE ADDED, "WE'RE ACTUALLY SURVEILLING THE INDUSTRY."
IT WAS THE WORK OF THE WHITE COLLAR CRIME UNIT WHICH LED TO THE
INDICTMENTS OF THE CHEMICAL CONTROL FOURSOME.
THE FOUR WERE ACCUSED OF EMPTYING A TANK TRUCK CONTAINING CHEMICAL
WASTES INTO ELIZABETH CREEK AND INTO A SEWER WHICH LEADS INTO NEWARK
BAY; DUMPING DRUMS OF CHEMICAL WASTE AT VARIOUS LOCATIONS, AND DIGGING
PITS WITH A BULLDOZER, FILLING THEM WITH DRY GARBAGE, SATURATING THE
GARBAGE WITH CHEMICAL WASTE AND HAULING THE CONTAMINATED GARBAGE TO
LANDFILLS INTENDED FOR MUNICIPAL REFUSE.
ROBERT T. WINTER IS CHIEF OF THE ENFORCEMENT BUREAU IN THE DIVISION
OF CRIMINAL JUSTICE OF THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC
SAFETY. HE ADMITS IT'S NOT AN EASY AREA TO INVESTIGATE. WINTER NOTED
TO A REPORTER:
"THEY MAKE A QUICK DUMP AND THEY'RE GONE."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 065 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101303
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TRANSCRIPT
SINCE HAZARDOUS WASTE ISN'T GOING TO GO AWAY OR STOP COMING SOMETHING
HAS TO BE DONE, AND DONE QUICKLY, BEFORE IT BURIES EVERY CITIZEN.
THAT MAY SEEM OBVIOUS TO SOME, BUT IT IS APPARENTLY NOT OBVIOUS TO A
WIDE ARRAY OF BUREAUCRATS IN VARIOUS LEVELS OF GOVERNMENT.
FOR EXAMPLE, THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) IS
STILL DAWDLING ON THE RULES WHICH SHOULD TURN THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976 (RCRA) INTO SOMETHING MORE THAN A DEAD LETTER.
THE FEDERAL COMMERCE DEPARTMENT HAS THE LEGAL RESPONSIBILITY TO STUDY
RECYCLING OF WASTES TO RE-USE THEM. IT HAS NO MONEY FOR STUDIES.
CALIFORNIA HAS ONE PERSON ASSIGNED TO TRY TO FIND COMPANIES WHICH CAN
USE WASTE FROM OTHER COMPANIES. THE GOLDEN STATE PRODUCES AN ESTIMATED
10 PERCENT OF THE NATIONAL ANNUAL TOTAL OF HAZARDOUS WASTE. EPA
ESTIMATES THE NATIONAL TOTAL AT 92 BILLION POUNDS.
THE FEDERAL MARITIME COMMISSION IS PAYING FOR A STUDY OF SENDING
WASTE OUT TO SEA TO BE BURNED IN A SPECIAL INCINERATOR SHIP. THE
COURIER-EXPRESS WAS PRESENT ON WEDNESDAY WHEN STEFFEN W. PLEHN, EPA
DEPUTY ASSISTANT ADMINISTRATORY FOR SOLID WASTE, LEARNED OF THE PROJECT
FOR THE FIRST TIME.
EPA IS NOW PLANNING TO LLOK FOR FORMER WASTE DUMP SITES TO SEE WHAT
IS IN THEM. THOSE PLANS WERE NOT ANNOUNCED UNTIL THURSDAY.
COURIER-EXPRESS REPORTER MICHAEL DESMOND TRAVELED 11,670 MILES AROUND
THE NATION GATHERING MATERIAL FOR A SERIES OF ARTICLES ON THE HEALTH AND
SAFETY THREAT POSED BY THE MISHANDLING OF TOXIC CHEMICAL WASTES. THIS
IS THE 11TH AND FINAL INSTALLMENT. IT DEALS WITH WAYS IN WHICH THE HUGE
CHEMICAL PROBLEM MAY BE SOLVED.
NEW YORK STATE HAS A HISTORY OF CHEMICAL WASTE CALAMITIES. IT HAS NO
RECORD OF WHERE MANY WASTE DUMPS ARE. BUT IT IS DOING A SURVEY TO
DETERMINE WHERE PRESENT SITES MIGHT BECOME FUTURE DISASTERS.
CONGRESS MUST BEAR STRONG CRITICISM BECAUSE IT HAS DONE ESSENTIALLY
NOTHING TO FORCE EPA TO MEET THE MANDATES CONGRESS WROTE INTO RCRA. IT
HAS ALSO PROVIDED VERY LITTLE MONEY FOR RESEARCH INTO NEWER AND BETTER
METHODS FOR HANDLING WASTE.
WHILE ALL OF THIS HAS BEEN GOING ON, THE TAXPAYERS ARE BEING HIT FOR
MASSIVE CLEANUP BILLS. A RECENT MICHIGAN STUDY INDICATES IT WILL COST
STATE TAXPAYERS THERE $100 MILLION TO CLEAN UP A STRING OF ENVIRONMENTAL
DISASTERS.
ONE ATTEMPT TO DETERMINE WHO SHOULD PAY FOR THE CLEANUP IN MICHIGAN
FELL THROUGH WHEN A GROUP OF MAJOR INDUSTRIES PICKED UP THE CLEANUP COST
IN ONE SITE RATHER THAN ALLOW A COURT TO SET A PRECEDENT BY DECIDING WHO
SHOULD PAY.
IN GENERAL, THE SITUATION IS A LITTLE LIKE THE OLD JOKE ABOUT HAVING
TO HIT THE MULE OVER THE HEAD WITH A TWO-BY-FOUR TO GAIN HIS ATTENTION.
PERHAPS IF SOME OF THE BUREAUCRATS WANDERING THROUGH THE PROBLEM WERE
FORCED TO LIVE ALONG THE LOVE CANAL IN NIAGARA FALLS OR DRINK FROM WELLS
IN TOONE, TENN., OR LIVE DOWNWIND FROM THE SILRESIM CORP. IN LOWELL,
MASS., THEY MIGHT DO SOMETHING.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 066 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101304
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HEARINGS
TRANSCRIPT
DRAWING OMITTED
THERE ARE THREE DISTINCT AREAS OF ACTIVITY WHICH HAVE TO BE
UNDERTAKEN. THEY ARE:
1. COMPLETION OF RULES FOR THE ENTIRE WASTE DISPOSAL INDUSTRY.
2. LARGE AMOUNTS OF RESEARCH INTO RE-USING WASTE.
3. RESEARCH TO CHANGE PRODUCTION METHODS AND CUT DOWN THE AMOUNT OF
WASTE.
FINDING PAST DUMP SITES IS INTERWOVEN WITH ALL THREE.
THE BASIC MISSING INGREDIENT IN THE WHOLE SITUATION IS ANY SENSE OF
URGENCY. LIFE IN WASHINGTON, D.C., MOVES ALONG AT A STEADY, EVEN PACE,
UNDISTRACTED BY ANY OF THE HARSHER REALITIES OF LIFE.
HIGH EPA OFFICIALS DON'T WORRY ABOUT WHAT IS GOING ON OUTSIDE OF
WASHINGTON. IT IS THE LOWER LEVEL BUREAUCRATS WHO HAVE TO GO OUT AND
ACTUALLY DEAL WITH THE SITUATIONS. IT IS AN ECKHARDT BECK (EPA REGION 2
CHIEF IN NEW YORK CITY) PERSONALLY GOING AROUND WASHINGTON TO GET ACTION
ON THE LOVE CANAL DISASTER IN NIAGARA FALLS, OR A JAMES STAHLER (EPA
ENVIRONMENTAL ENGINEER IN SAN FRANCISCO) HELPING CALIFORNIA PUT TOGETHER
A GOOD HAZARDOUS WASTE PROGRAM AND THEN HELPING TO SEEL THE SAME PROGRAM
TO OTHER STATES.
THERE ISN'T A LOT OF THAT.
INSTEAD, THERE IS PLEHN, WHO ADMITS THAT NO MATTER WHAT THE RCRA
RULES ARE, THE EPA WILL BE SUED BY SOMEONE. BUT THE AGENCY IS
RACING THROUGH THE RULES PROCESS LIKE A SNAIL.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 067 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101305
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TRANSCRIPT
EVERY DAY THAT THE RULES ARE DELAYED-- THEY WERE DUE APRIL 21-- BAD
DUMPS AROUND THE COUNTRY ARE FILLING UP AND POSING A FUTURE THREAT. EPA
CAN DO NOTHING UNTIL THE RULES ARE COMPLETED. SO THE FEDERAL GOVERNMENT
AND MANY STATE GOVERNMENTS ARE DOING NOTHING ABOUT DUMPS THAT ARE BEING
CLOSED, IN THE ABSENCE OF RULES.
IN TRYING TO CONTROL THE SITUATION, GOVERNMENT OFFICIALS MUST WATCH
FOR A DIFFERENT APPROACH FROM INDUSTRY. BASED ON PAST EXAMPLES, SOME
COMPANIES MAY JUST TRANSFER THE MANUFACTURE OF CHEMICALS OVERSEAS,
LEAVING THE WASTE OVERSEAS, ALSO.
MANY COUNTRIES HAVE NO ENVIRONMENTAL PROTECTION RULES AT ALL.
OBVIOUSLY, MOVING THE PRODUCTION OVERSEAS MIGHT EASE THE WASTE
PROBLEM IN THIS COUNTRY. IT WOULD STILL NOT END WASTE AS A PROBLEM TO
HUMAN BEINGS, BUT SIMPLY SHIFT IT.
THE PUBLIC IS ALSO GOING TO HAVE TO MAKE SOME DECISIONS. IF SOME OF
THE CHEMICALS AND CHEMICAL PRODUCTS ARE GOING TO CONTINUE IN USE, IT IS
GOING TO COST.
EPA'S PLEHN THREW OUT AN INTERESTING FIGURE IN AN INTERVIEW WITH THE
COURIER-EXPRESS THE OTHER DAY. HE ESTIMATED IT MIGHT COST $600 MILLION
TO $800 MILLION A YEAR TO MEET THE EVENTUAL RCRA REQUIREMENTS, WHEN THEY
TAKE EFFECT. THAT IS A SUBSTANTIAL AMOUNT OF MONEY, BUT ONLY $3 TO $4 A
YEAR FOR EACH CITIZEN.
HE POINTED OUT THE COST ITSELF MAY BRING ABOUT CHANGES. EPA HAS
STUDIED THE SITUATION IN WEST GERMANY, WHERE CHEMICAL COMPANIES AND
OTHER HAZARDOUS WASTE MAKERS ARENOW REQUIRED TO PAY THE FULL COST OF
GETTING RID OF THE WASTE. SO THE CONSUMERS FOOT THE BILL.
UNDER THE LONG-DELAYED RCRA, THAT SYSTEM WOULD BE INSTITUTED IN THE
U.S.
"THE VOLUME OF WASTE WILL BE LESS. THE AMOUNT OF WASTE WILL BE LESS
WHEN THIS PROGRAM IS IN FULL OPERATION," PLEHN SAID.
THE CURRENT TARGET DATE FOR COMPLETION OF RCRA REGULATIONS IS JANUARY
1980. BUT ENVIRONMENTALISTS PREDICT EPA WILL NOT MEET THAT DATE.
WITHOUT A BLUDGEONING OF EPA BY CONGRESS OR THE PUBLIC, THE AGENCY
WILL CONTINUE ON ITS LEISURELY WAY. CONGRESS REQUIRED EPA TO COME UP
WITH THE RCRA REGULATIONS WITHIN 18 MONTHS OF ENACTMENT, WHICH WAS IN
1976. SO EPA WILL BE 21 MONTHS LATE-- IF IT STICKS TO ITS OWN SCHEDULE.
INDUSTRY IS ALREADY MOVING IN THE AREA OF CUTTING DOWN WASTE. FOR
EXAMPLE, THE HOOKER CHEMICALS & PLASTICS CORP. HAS SPENT $10 MILLION IN
ITS NIAGARA FALLS PLANT ON TWO OF ITS MANUFACTURING OPERATIONS. ONE
CHANGE CUT OUT WASTE PRODUCTS COMPLETELY. THE OTHER CUTS THE WASTE
PRODUCTION DRASTICALLY.
JOE LOUIS ONCE TALKED OF THE BOXING RING AS A PLACE WHERE YOU CAN
RUN, BUT CAN'T HIDE. THIS IS TRUE OF HAZARDOUS WASTE. AS HAS SO OFTEN
BEEN HORRIBLY PROVEN, IT'S EVERYWHERE.
THE PUBLIC HAS A STAKE IN THE SITUATION. THAT IS TRUE FOR THE
CAPTAINS OF INDUSTRY AS WELL AS THE AVERAGE CITIZEN. SOMETIMES IT SEEMS
AS IF EVERY DAY BRINGS ANOTHER REPORT OF THE BAD EFFECTS OF ANOTHER
CHEMICAL IN ANOTHER LOCALE.
TODAY, THE NATIONAL CANCER INSTITUTE WILL RELEASE A REPORT ON THE
WIDELY USED CHEMICAL ETHYLENE DICHLORIDE (EDC). THE STUDY INDICATES THE
CHEMICAL CAUSES A WIDE VARIETY OF CANCER IN LABORATORY ANIMALS. THE
CHEMICAL IS USED TO MAKE VINYL CHLORIDE, WHICH CAUSES CANCER IN HUMANS.
THE CHEMICAL IS WIDELY USED FOR EVERTHING FROM MAKING OTHER TOXIC
CHEMICALS TO PRODUCING SPICES. IN A RELEASE, THE INSTITUTE NOTED, "EDC
MAY APPEAR AS A FOOD ADDITIVE AS A RESULT OF ITS USE TO EXTRACT SPICES
SUCH AS ANNATTO, PAPRIKA AND TUMERIC." BOTH ANNATTO AND TUMERIC ARE USED
TO COLOR FOOD.
A 1974 STUDY ESTIMATED 163 MILLION POUNDS OF THE CHEMICAL WERE LOST
INTO THE ENVIRONMENT IN 1974 AND THAT USE IS GROWING. IN AN EPA STUDY
OF SURFACE WATER IN INDUSTRILIZED AREAS, THE CHEMICAL WAS FOUND IN 26
PERCENT OF THE WASTE SAMPLES.
THE CHEMICAL ALSO CAUSES PHYSICAL AILMENTS OF OTHER KINDS, ESPECIALLY
BLOOD DISORDERS, AND LARGE DOSES ARE DEADLY.
THE PUBLIC MUST DEVELOP AN AWARENESS OF THE LONG-TERM DANGERS. THE
LOVE CANAL DUMP HAD BEEN CLOSED FOR LESS THAN A QUARTER OF A CENTURY
WHEN IT FAILED TO CONTAIN WASTES. WHETHER NEWER AND BETTER DESIGNED
BURIAL SITES WILL BE MORE EFFECTIVE, ONLY TIME CAN TELL. A "SAFE" SITE
TODAY COULD BE THE NEXT GENERATION'S LOVE CANAL.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 068 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101306
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HEARINGS
TRANSCRIPT
BOTH IN THE LONG RUN AND THE SHORT RUN, BETTER CONTROLS ON WASTE
DISPOSAL ARE NO SUBSTITUTE FOR NOT HAVING AS MUCH WASTE TO DISPOSE OF.
BUT THERE ARE PROBLEMS. RICHARD HERBST IS A LAWYER AND MECHANICAL
ENGINEER WHO IS A SENIOR POLICY ADVISER IN THE U.S. COMMERCE
DEPARTMENT. ASKED WHAT THAT DEPARTMENT WAS DOING IN THE CHEMICAL WASTE
FIELD, HE SAID, "TO BE QUITE FRANK, WE WERE NOT GIVEN APPROPRIATIONS
UNDER THE LAW TO UNDERTAKE THE SORT OF PROGRAM WE SHOULD HAVE."
ANOTHER COMMERCE DEPARTMENT OFFICIAL COMMENTED, "THERE'S A CONSTANT
FLOW OF PAPER FROM EPA AND OTHERS IN RESOURCE CONSERVATION." HE ADDED,
"THERE'S NEVER BEEN A PENNY APPROPRIATED FOR THE DEPARTMENT OF COMMERCE
TO CARRY OUT THIS ACT (RCRA)."
THE METALLURGY RESEARCH CENTER OF THE FEDERAL BUREAU OF MINES IS
DOING SOME RESEARCH IN THE FIELD OF TOXIC WASTES, ESPECIALLY WITH
SLUDGES CONTAINING SOME METAL.
BUT, BASICALLY LITTLE IS BEING DONE BY EITHER GOVERNMENT OR THE
PRIVATE SECTOR ABOUT HAZARDOUS WASTES.
FROM HIS FIELD PERSPECTIVE, STAHLER COMMENTED, "WE THINK THERE SHOULD
BE TAX DISINCENTIVES OR EVEN TAX INCENTIVES." THAT IS, TOXIC WASTE
PRODUCERS SHOULD BE PUNISHED OR REWARDED FOR INACTION OR ACTION.
OREGON HAS A SOMEWHAT DIFFERENT APPROACH. ITS POLICY IS THAT IF A
MATERIAL CAN BE RECYCLED, IT MUST NOT BE THROWN AWAY.
OCCASIONALLY, PLEHN CAN CUT TO THE HEART OF THE ISSUE. HE TOLD THE
COURIER-EXPRESS:
"THE PROBLEM DOES NOT GO AWAY. TO THE EXTENT THAT WASTES ARE NOT
PROPERLY HANDLED OR DISPOSED, THEY TEND TO COME BACK AND LAY THEMSELVES
AT YOUR FEET. THAT'S ONE OF THE GRISLY FACTS."
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 069 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101307
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HEARINGS
TRANSCRIPT
WITH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) DRAGGING ITS
FEET IN DEALING WITH THE GARGANTUAN PROBLEM OF HAZARDOUS CHEMICAL
WASTES, MUST CONGRESS DO THE SAME?
REP. FRED B. ROONEY, D-PA., WHOSE SUBCOMMITTEE ON ENVIRONMENT AND THE
ATMOSPHERE HAD SCHEDULED HEARINGS ON THE WASTE PROBLEMS IN JUNE-- THEY
WERE NEVER HELD-- NOW SAYS THAT HE WILL NOT HOLD HEARINGS UNTIL NEXT
SPRING ON WHY THE EPA HAS NOT PUT THE RESOURCE CONSERVATION AND RECOVERY
ACT (RCRA) OF 1976 INTO EFFECT AND ALSO ON THE PROBLEM OF HANDLING
WASTES ALREADY IN THE GROUND. (THE EPA, WHICH WAS SUPPOSED TO COME UP
WITH IMPLEMENTING REGULATIONS BY LAST APRIL 21, NOW SAYS THAT THE RULES
WON'T BE READY UNTIL JANUARY, 1980.)
WHY SHOULD A CONCERNED PUBLIC HAVE TO WAIT FOR HEARINGS UNTIL THE
SPRING? BOTH HOUSES ARE MOVING TOWARD ADJOURNMENT AND THE NOVEMBER
ELECTIONS. BUT SURELY A START COULD BE MADE ON THE HEARINGS IMMEDIATELY
AFTER THE ELECTIONS ARE OVER. WITH A NATIONAL WASTE PROBLEM AS ALARMING
AS THAT DISCLOSED IN THE RECENT SERIES OF ARTICLES IN THE
COURIER-EXPRESS, THERE IS ABSOLUTELY NO EXCUSE FOR UNTOWARD DELAY. WE
HOPE THE WESTERN NEW YORK CONGRESSIONAL DELEGATION, WHICH HAS AN ACUTE
PROBLEM IN ITS OWN BACKYARD, WILL PUSH FOR PROMPT HEARINGS. REP. HENRY
J. NOWA-, D-BUFFALO, HAS ALREADY REQUESTED THE HOUSE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATION TO SCHEDULE HEARINGS AS SOON AS POSSIBLE.
MEANWHILE, ONLY NOW IS THE EPA MOVING TO ACQUIRE AN INVENTORY OF THE
MOST DANGEROUS WASTE DUMPS (AN AGENCY OFFICIAL HAS LABELED 300 SITES AS
BEING IMMEDIATE HEALTH AND SAFETY HAZARDS, BUT THERE ARE SAID TO BE
20,000 INACTIVE, HAZARDOUS DUMPS THROUGHOUT THE COUNTRY). ONLY 10
REGIONAL STAFF MEMBERS ARE WORKING ON THE INVENTORY, WHICH IS EXPECTED
TO TAKE UP TO 30 DAYS. WE FIND IT INCOMPREHENSIBLE THAT OF MORE THAN
11,000 EPA EMPLOYES, ONLY ABOUT 160 ARE ASSIGNED TO THE SOLID-WASTE
PROBLEM. THIS SITUATION LENDS FURTHER SUPPORT TO THE NEED FOR
ACCELERATING THE PACE OF THE INVESTIGATION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 070 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101308
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HEARINGS
TRANSCRIPT
BY DAVID E. LYNCH
WASHINGTON-- A HOUSE SUBCOMMITTEE ON FRIDAY ANNOUNCED THAT IT WILL
HOLD A HEARING OCT. 25 ON THE ENVIRONMENTAL PROTECTION AGENCY'S FAILURE
TO ISSUE REGULATIONS TO CONTROL THE DISPOSAL OF HAZARDOUS WASTES.
AS REQUESTED BY REP. HENRY J. NOWAK, D-BUFFALO, THE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATIONS WILL ALSO LOOK INTO THE POSSIBLE NEED FOR
LEGISLATION TO DEAL WITH SOME 300 INACTIVE DISPOSAL SITES THAT THE EPA
SAYS ARE IMMEDIATE HEALTH HAZARDS.
THE SUBCOMMITTEE IS THE CHIEF OVERSIGHT PANEL IN THE HOUSE, WITH THE
MAIN FUNCTION OF INVESTIGATING THE ENFORCEMENT OF CONGRESSIONAL ACTS.
"THE DECISION TO CONDUCT THIS HEARING SIGNALS THE GROWING CONCERN IN
CONGRESS AND IN THE NATION ABOUT THE GRAVITY OF THE PROBLEM CONFRONTING
US AND THE NEED TO BEGIN AN ACCELERATED EFFORT TO DEVELOP A MORE
COMPREHENSIVE SOLUTION," NOWAK SAID.
THE CONGRESSMAN ALSO SAID "THE COURIER-EXPRESS AND REPORTER MIKE
DESMOND ARE TO BE COMMENDED FOR THE PUBLIC SERVICE FUNCTION THEY
PERFORMED IN THE PRESENTATION OF THE SERIES OF ARTICLES THAT HAS FOCUSED
INTENSE ATTENTION ON THE DEPTH AND BREDTH OF THE HAZARDOUS WASTE
DISPOSAL PROBLEM."
STAFF REPORTER DESMOND TRAVELED 11,870 MILES THROUGHOUT THE COUNTRY
COLLECTING DATA ON HAZARDOUS WASTE PROBLEMS IN PREPARATION FOR AN
11-PART SERIES THAT CONCLUDED IN THE COURIER-EXPRESS TUESDAY.
THE SUBCOMMITTEE WILL TRY TO FIND OUT WHY THE EPA IS MORE THAN FIVE
MONTHS LATE IN ISSUING REGULATIONS NECESSARY TO IMPLEMENT THE RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) OF 1976. THE ACT WOULD PROVIDE
"CRADLE TO GRAVE" CONTROL OVER AND PROTECTION FROM HAZARDOUS WASTES.
AND THE EPA NOW SAYS THESE REGULATIONS, WHICH WERE DUE APRIL 21, WILL
NOT BE READY UNTIL JANUARY OF 1980.
THE SUBCOMMITTEE WILL ALSO TRY TO FIND OUT WHETHER LEGISLATION IS
NECESSARY TO TAKE CARE OF THE RETROACTIVE ASPECT OF HAZARDOUS WASTE.
RCRA IS SUPPOSED TO PREVENT FURTHER CHEMICAL CONTAMINATIONS ARISING FROM
INADEQUATE DISPOSAL OF HAZARDOUS SUBSTANCES.
BUT THE EPA SAYS THERE IS NO LAW THAT NOW GIVES THE AGENCY THE
AUTHORITY TO DEAL WITH THE 100 TO 300 ABANDONED DISPOSAL SITES
THAT PRESENT AN IMMEDIATE HEALTH HAZARD.
THE AGENCY ESTIMATES THAT IT WILL COST $1.5 BILLION TO DEAL WITH
THOSE 300 SITES ALONE, AND THAT MONEY IS NOT AVAILABLE. FURTHER EPA
ESTIMATED THERE ARE A TOTAL OF 20,000 CHEMICAL DUMPS IN THE U.S.
NOWAK, WHO FIRST ASKED FOR THE HEARING LAST FRIDAY, SAID SUBCOMMITTEE
CHAIRMAN JOHN E. MOSS, D-CALIF., WILL NOT BE ABLE TO CONDUCT THE HEARING
BECAUSE OF A SCHEDULEING CONFLICT.
REP. ALBERT GORE JR., D-TENN., WILL CHAIR THE HEARING.
THE SUBCOMMITTEE IS WORKING ON A WITNESS LIST. NOWAK SAID HE EXPECTS
THE FIRST WITNESSES TO BE EPA OFFICIALS CHARGED WITH ADMINISTERING THIS
PROGRAM.
"IT IS OUR HOPE THAT AS A RESULT OF THIS HEARING, THE CONGRESS CAN
REAFFIRM ITS URGENT INTENT THAT EPA MOVE A GREAT DEAL MORE EXPEDITIOUSLY
IN IMPLEMENTING THIS VITAL PROGRAM OF CONTROLLING THE HAPHAZARD DISPOSAL
OF TOXIC WASTES," NOWAK SAID.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 071 OF 487
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TRANSCRIPT
MR. GORE. THANK YOU, MR. NOWAK.
THIS HEARING WOULD NOT BE TAKING PLACE BUT FOR THE EFFORTS OF YOU
TWO. YOU MENTIONED IT TO ME PERSONALLY, AND I READ THE EXCELLENT SERIES
OF ARTICLES YOU REFERRED TO WHEN THEY WERE PLACED IN THE CONGRESSIONAL
RECORD BY JOHN LAFALCE, AND OUR NEXT WITNESS IS THE HONORABLE JOHN
LAFALCE.
MR. LAFALCE. THANK YOU VERY MUCH, MR. CHAIRMAN AND MR. WAXMAN.
AS THE CONGRESSMAN FOR THE LOVE CANAL AREA, I HAVE BEEN LIVING WITH
THIS PROBLEM ON A DAILY BASIS SINCE IT FIRST CAME TO MY ATTENTION IN
1976-77. THIS TESTIMONY TODAY ON THE PROGRESS THAT THE FEDERAL
GOVERNMENT HAS MADE IN THE IMPLEMENTATION OF THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976 IS EXTREMELY EMPORTANT.
ON AUGUST 2, 1978, THE ATTENTION OF THE WORLD CAME TO THE LOVE CANAL
AREA OF NIAGARA FALLS, ATTENTION WHICH WAS ONLY PREVIOUSLY GIVEN BY A
TREMENDOUS SERIES OF ARTICLES IN THE NIAGARA GAZETTE OVER THE PREVIOUS
YEAR AND THEN FOLLOWED UP VERY, VERY WELL BY THE BUFFALO COURIER-EXPRESS
AND BUFFALO EVENING NEWS.
BUT ON AUGUST 2, 1978, WHEN THE NEW YORK STATE COMMISSIONER OF HEALTH
ADVISED PREGNANT WOMEN AND CHILDREN UNDER THE AGE OF 2 TO EVACUATE THE
LOVE CANAL AREA OF NIAGARA FALLS, THE WORLD BEGAN TO PAY ATTENTION TO
THE SERIOUS PROBLEM POSED BY HAZARDOUS TOXIC SUBSTANCES.
EVENTUALLY OVER 230 FAMILIES MOVED FROM THE AREA. THEIR HOMES WERE
BEING POLLUTED BY TOXIC CHEMICALS SEEPING FROM THE GROUND FROM AN
ABANDONED CANAL WHICH HAD BEEN USED AS A HAZARDOUS WASTE LANDFILL SITE;
82 CHEMICALS, SOME OF WHICH ARE SUSPECTED CARCINOGENS, HAVE BEEN
DETECTED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO BE IN THE
AMBIENT AIR IN THE CANAL AREA.
THIS TERRIBLE TRAGEDY, CAUSED BY TOXIC WASTES HAVING BEEN
INDISCRIMINATELY BURIED IN THE CANAL OVER 25 YEARS AGO, HAS BEEN
REFERRED TO AS JUST ONE OF THE MANY-- PERHAPS THOUSANDS-- TICKING BOMBS,
JUST ONE OF THE ABANDONED LANDFILL SITES AROUND THE COUNTRY.
LET ME FIRST DISCUSS RCRA. CONGRESS, WHEN IT PASSED RCRA IN 1976,
HOPED TO PREVENT SUCH INCIDENTS BY PROVIDING FOR A HAZARDOUS WASTE
REGULATORY PROGRAM; A PROGRAM TO ELIMINATE OPEN DUMPING, A PROGRAM FOR
FINANCIAL AND TECHNICAL ASSISTANCE FOR PLANNING ENHANCED SOLID WASTE
MANAGEMENT PROGRAMS; A GRANT PROGRAM TO RURAL COMMUNITIES TO IMPROVE
SOLID WASTE MANAGEMENT SYSTEMS; AND AUTHORITY FOR RESEARCH,
DEMONSTRATIONS AND STUDIES.
LET ME TAKE A FEW MINUTES, BECAUSE I THINK IT IS IMPORTANT, TO
OUTLINE IN MORE DETAIL THE LAW AS CONGRESS PASSED IT IN 1976. IN THE
INTEREST OF BREVITY, I HAVE EXTRACTED ONLY THOSE PORTIONS WHICH I THINK
ARE RELEVANT TO TODAY'S TESTIMONY.
SUBTITLE A OF THE ACT REQUIRES THE FORMULATION OF GUIDELINES FOR
SOLID WASTE RECOVERY AND THE PUBLICATION OF GUIDELINES ON ALTERNATIVE
SOLID WASTE MANAGEMENT PROACTICES. THESE GUIDELINES WERE TO BE ISSUED
WITHIN 1 YEAR OF ENACTMENT OF THE LAW.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 072 OF 487
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TRANSCRIPT
DESCRIPTIONS OF LEVELS OF TECHNICAL PERFORMANCE, LEACHATE CONTROL,
AMBIENT AIR QUALITY, DISEASES, SAFETY, AND ESTHETICS WERE TO BE INCLUDED
IN SIMILAR GUIDELINES PUBLISHED AFTER 2 YEARS.
SUBTITLE B ESTABLISHES AN OFFICE OF SOLID WASTE WITHIN THE
ENVIRONMENTAL PROTECTION AGENCY HEADED BY A DEPUTY ASSISTANT
ADMINISTRATOR TO OVERSEE THE IMPLEMENTATION OF RCRA. THIS POSITION IS
CURRENTLY HELD BY MR. STEFAN PLEHN.
SUBTITLE C IS THE KEY TO THE BILL AS THIS IS THE SECTION WHICH IS
CONCERNED WITH HAZARDOUS WASTE MANAGEMENT. THE LAW DIRECTS EPA, WITHIN
18 MONTHS OF ENACTMENT, TO IDENTIFY WHICH WASTES ARE HAZARDOUS AND IN
WHAT QUANTITIES, QUALITIES, CONCENTRATIONS, AND FORMS OF DISPOSAL THEY
BECOME A TRHREAT TO HEALTH OR THE ENVIRONMENT.
ADDITIONALLY, EPA IS MANDATED TO ISSUE STANDARDS FOR GENERATORS AND
TRANSPORTERS OF HAZARDOUS WASTES, RESPECTING RECORDKEEPING, PRACTICES,
LABELING, APPROPRIATE CONTAINERS, USE OF A MANIFEST SYSTEM, AND
REPORTING OF QUANTITIES AND DISPOSTION.
PERHAPS MOST IMPORTUANTLY, PERSONS OWNING OR OPERATING FACILITIES FOR
THE TREATMENT AND STORAGE OF HAZARDOUS WASTES ARE REQUIRED TO OBTAIN
PERMITS WITHIN 90 DAYS AFTER IDENTIFICATION AND LISTING.
PERMIT APPLICATIONS MUST INDICATE COMPOSITION, QUANTITIES, THE RATE
AT WHICH SUCH WASTES ARE TO BE DISPOSED OF, AND THE LOCATION OF THE
DISPOSAL SITE. EPA OR STATES-- IN JURISDICTIONS HAVING HAZARDOUS WASTE
PROGRAMS-- MAY REVOKE PERMITS OF NONCONFORMING USERS.
EIGHTEEN MONTHS AFTER ENACTMENT OF THE LAW, THE ADMINISTRATOR WAS TO
PUBLISH GUIDELINES TO ENABLE THE STATES TO DEVELOP APPROVED HAZARDOUS
WASTE PROGRAMS.
IN ORDER FOR EPA AND STATE OFFICIALS TO ENFORCE THESE REQUIREMENTS,
THE ACT AUTHORIZES THEM TO INSPECT FACILITIES, COPY RECORDS, AND OBTAIN
SAMPLES. THE INFORMATION OBTAINED IS TO BE MADE PUBLIC.
COMPLIANCE PROVISIONS OF THE LAW ARE TO BE ENFORCED THROUGH CIVIL AND
CIRMINAL PENALTIES.
SUBTITLE D REQUIRES EPA WITHIN 6 MONTHS OF ENACTMENT TO PUBLISH
GUIDELINES IDENTIFYING AREAS WITH COMMON SOLID WASTE MANAGEMENT PROBLEMS
AND APPROPRIATE UNITS FOR PLANNING REGIONAL SOLID WASTE MANAGEMENT
SERVICES.
THE AGENCY WAS ALSO TO PROMULAGATE WITHIN 18 MONTHS AFTER ENACTMENT
GUIDELINES TO AID THE STATES IN THE DEVELOPMENT OF SOLID WASTE
MANAGEMENT PLANS.
IT IS IMPORTANT TO NOTETHAT EACH PLAN MUST PROHIBIT THE ESTABLISHMENT
OF NEW OPEN DUMPS AND REQUIRE THAT ALL NONHAZARDOUS WASTES BE EITHER
USED FOR RESOURCE RECOVERY OR DISPOSED OF IN SANITARY LANDFILLS.
EXISTING OPEN DUMPS WERE TO BE IMPROVED OR PHASED OUT.
WITHIN 1 YEAR AFTER ENACTMENT, THE EPA WAS TO PROMULGATE REGULATIONS
SETTING FORTH CRITERIA FOR DETERMINING WHICH FACILITIES WOULD BE
CLASSIFIED AS SANITARY LANDFILLS AND WHICH AS OPEN DUMPS.
OPEN DUMPS ARE PROHIBITED EXCEPT IN SITUATIONS WHERE A COMPLIANCE
SCHEDULE IS ARRIVED AT PURSUANT TO A STATE PLAN. EPA UNDER SECTION 4005
OF THE ACT MUST ALSO PUBLISH AN INVENTORY OF ALL OPEN DUMPS WITHIN THE
UNITED STATES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 073 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101311
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TRANSCRIPT
ANOTHER PROVISION IN THIS SUBTITLE TO BE NOTED IS ONE WHICH ALLOWS
FOR SPECIAL COMMUNITIES. A SPECIAL COMMUNITY IS DEFINED IN RCRA AS ONE
WHICH HAS A LOW POPULATION AND A HIGH LEVEL OF SOLID WASTE DISPOSAL.
STATES WITH SPECIAL COMMUNITIES WILL BE ELIGIBLE FOR GRANTS TO BE
USED FOR CONVERSION, IMPROVEMENT, CONSOLIDATION OR CONSTRUCTION OF SOLID
WASTE DISPOSAL FACILITIES.
GRANTS WILL ALSO BE PROVIDED FOR RURAL COMMUNITIES ASSISTANCE TO BE
USED TO UPGRADE SOLID WASTE MANAGEMENT FACILITIES AND WILL BE
APPORTIONED BY EPA TO THE STATES ON A POPULATION RATIO BASIS.
I AM GOING TO PASS OVER MY SUMMARY OF SUBTITLES E, F, G, AND H,
ALTHOUGH ALL OF THEM ARE EXTREMELY IMPORTANT AND ALL OF THEM REQUIRE
REGULATIONS TO IMPLEMENT THEM.
MR. GORE. WITHOUT OBJECTION, WE WILL INCLUDE THE COMPLETE TEXT OF
YOUR STATEMENT IN THE RECORD, INCLUDING YOUR DISCUSSION OF THESE
SUBTITLES. (SEE P. 72).
MR. LAFALCE. THANK YOU VERY MUCH, MR. CHAIRMAN.
HAVING OUTLINED IN BRIEF THE REQUIREMENTS OF THE LAW IN THE AREAS OF
SOLID WASTE, HAZARDOUS WASTE, AND RESOURCE RECOVERY, LET ME TAKE UP THE
ISSUE OF PROMULGATION OR LACK THEREOF OF REGULATIONS, WHICH IS SO
NECESSARY FOR THE IMPLEMENTATION OF THIS ACT.
THE LAW IS INTENDED TO REGULATE SOLID WASTES FROM THE CRADLE TO THE
GRAVE. HOWEVER, MOST OF THE PROVISIONS WHICH I OUTLINED ABOVE HAVE NOT
YET BEEN IMPLEMENTED BECAUSE THE U.S. ENVIRONMENTAL PROTECTION AGENCY,
THE FEDERAL AGENCY RESPONSIBLE FOR IMPLEMENTING THIS ACT, HAS NOT ISSUED
REGULATIONS.
AS YOU WILL RECALL, THE REGULATIONS FOR SUBTITLE C, HAZARDOUS WASTE
MANAGEMENT, WERE TO BE ISSUED WITHIN 18 MONTHS OF ENACTMENT OF THE LAW.
EPA NOW STATES THAT IT WILL NOT BE ISSUING THE REGULATIONS FOR THIS
SECTION OF THE LAW UNTIL 1980 BECAUSE IT NEEDS TO RESOLVE WHAT ARE
ADMITTEDLY VERY COMPLEX TECHNICAL, FINANCIAL, LEGAL, AND ENVIRONMENTAL
ISSUES.
EPA'S MAIN CONCER, AND PERHAPS TO AN EXTENT JUSTIFIABLY SO, IS TO
ISSUE REGULATIONS WHICH WILL NOT BE TOSSED OUT BY THE COURTS. HOWEVER,
BY NOT ISSUING REGULATIONS UNTIL JANUARY 1980, WHICH MEANS THAT THE
REGULATIONS WOULD NOT TAKE EFFECT FOR AN ADDITION 6 MONTHS AFTER
ISSUANCE, EPA IS DELAYING BY 2 YEARS PUTTING INTO EFFECT A PROGRAM WHICH
IS URGENTLY NEEDED NOW.
BY DELAYING THE ISSUANCE OF REGULATIONS FOR SUCH IMPORTANT SECTIONS
OF THE LAW AS GUIDELINES FOR SOLID WASTE MANAGEMENT LANDSCAPING
PRACTICES, HAZARDOUS WASTE CRITERIA, IDENTIFICATION AND LISTING,
STANDARDS FOR GENERATORS OF WASTE, STANDARDS FOR HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES, GUIDELINES FOR DEVELOPMENT
OF STATE SOLID WASTE MANAGEMENT PROGRAMS, CRITERIA FOR CLASSIFICATION OF
DISPOSAL FACILITIES, AND GUIDELINES FOR PROCUREMENT PRACTICES, WE ARE
RENDERING THE LAW TOTALLY INEFFECTIVE.
FOR ALL THE GOOD THIS LAW IS CURRENTLY DOING, CONGRESS MIGHT WELL NOT
HAVE PASSED IT AT ALL.
I HAVE GREAT RESPECT FOR THE ENVIRONMENTAL PROTECTION AGENCY. THE
INDIVIDUALS I HAVE WORKED WITH ON THE LOVE CANAL PROBLEM HAVE BEEN
UNCEASING AND UNTIRING IN THEIR EFFORTS.
IT HAS BEEN A DIFFICULT TASK TO PROTECT OUR ENVIRNMENT, BUT EPA HAS
STILL PROVEN ITSELF DERELICT IN ITS DUTIES AND OBLIVIOUS TO ITS
RESPONSIBILITIES FOR RCRA SO THAT IT CAN BE IMPLEMENTED IMMEDIATELY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 074 OF 487
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OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101312
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TRANSCRIPT
BY DELAYING ISSUANCE OF THE RCRA REGULATIONS, EPA MAY BE COMPOUNDING
ITS PROBLEMS BY ALLOWING THOSE WHO HANDLE, HAUL, OR DISPOSE OF HAZARDOUS
WASTES TO DO SO IN AN UNSAFE MANNER.
ADDITIONALLY, THOSE COMPANIES WHICH ARE INVOLVED IN THE WASTE
DISPOSAL BUSINESS ARE HESITANT TO INVEST IN NEW EQUIPMENT FOR FEAR THAT
THE NEW FACILITIES WILL NOT MEET EPA STANDARDS WHEN THE REGULATIONS ARE
ISSUED IN 1980.
ALSO, SINCE THE LAWS CONCERNING DUMPING NOW IN EFFECT ARE PRIMARILY
STATE LAWS RATHER THAN FEDERAL LAWS, STATES WITH STRICT DUMPING
REGULATIONS ARE HURTING THEMSELVES BECAUSE INDUSTRIES ARE MOVING TO
THOSE STATES WITH WEAKER LAWS SO THAT THEY CAN DUMP WITHOUT PENALTY.
THE SOLID WASTES WHICH WE GENERATE IN THIS COUNTRY AS A RESULT OF OUR
HIGHLY INDUSTRIALIZED ECONOMY ARE HERE TO STAY. THEY WILL NOT GO AWAY
BUT RATHER WILL INCREASE EXPONENTIALLY IN THE FUTURE.
THUS, IN ORDER TO PREVENT LANDFILL OPERATORS FROM BEING ABLE TO
CONDUCT THEIR BUSINESSES IN AN IRRESPONSIBLE MANNER, EPA MUST REGULATE.
THE PUBLIC FEARS THE PLACEMENT OF THESE LANDFILLS WHICH HAVE CREATED
SERIOUS HEALTH AND ENVIRONMENTAL PROBLEMS FOR THE SURROUNDING AREAS DUE
TO A LACK OF REGULATION OF THE LANDFILLS' ACTIVITIES.
WE CANNOT ALLOW THE PUBLIC TO REMAIN FEARFUL BECAUSE THE HAZARDOUS
WASTE LANDFILL MUST EXIST AS LONG AS OUR SOCIETY CONTINUES TO
MANUFACTURE PRODUCTS FROM MATERIALS WHICH ARE MADE FROM TOXIC SUBSTANCES
WHICH ARE NOT BIODEGRADABLE.
WE CAN ONLY STEM THE LEGITIMATE, UNDERSTANDABLE FEARS OF THE PUBLIC
IF WE INSIST THAT THE SOLID WASTE PRODUCERS, HANDLERS, HAULERS, AND
LANDFILL OPERATORS BE FORCED TO CONDUCT THEIR BUSINESSES IN THE SAFEST
MANNER KNOWN TO MAN.
I MUST MAKE NOTE AT THIS POINT THAT I AM NOT IN FAVOR OF REGULATING
FOR THE SAKE OF REGULATING. GOVERNMENT HAS A TENDENCY SOMETIMES TO
OVERREGULATE AND COST GOVERNMENT AND THE CONSUMER INORDINATE AMOUNTS OF
MONEY.
HOWEVER, THERE ARE TIMES WHEN I BELIEVE THAT GOVERNMENT MUST STEP IN
AND REGULATE IN ORDER TO PROTECT THE HEALTH AND WELFARE OF ITS CITIZENS.
THIS IS SUCH A TIME.
THE PRESIDENT, AS PART OF HIS PHASE II ANTI-INFLATION MESSAGE
DELIVERED LAST WEEK, REQUESTED FEDERAL AGENCIES TO AVOID ISSUING
REGULATIONS WHICH WOULD PROVE TO BE ADVERSE TO THE PUBLIC INTEREST,
INFLATIONARY OR NOT COST-EFFECTIVE.
EPA MUST NOT TAKE THIS MESSAGE TO MEAN THAT THE PRCSIDENT DOES NOT
WANT IMPORTANT LAWS SUCH AS RCRA TO BE IMPLEMENTED, AND IMPLEMENTED
IMMEDIATELY.
EPA SHOULD FOLLOW THE PRESIDENT'S DIRECTIVES BY REDIRECTING ITS
RESOURCES TOWARD NECESSARY REGULATIONS AND ISSUING THEM AS
EXPEDITIOUSLY, AS POSSIBLE. IN THIS MANNER, THE AGENCY WILL ALSO MEET
THE PUBLIC'S EXPECTATIONS BY LIVING UP TO ITS OBLIGATION TO PRESERVE
PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
LOVE CANAL IS A PRIME EXAMPLE OF A TICKING TIMEBOMB, AN ABANDONED
LANDFILL FULL OF TOXIC SUBSTANCES WHICH LITERALLY EXPLODED IN THE FACES
OF THE PEOPLE WHO LIVED IN THE SURROUNDING AREA BECAUSE A LAW, SUCH AS
RCRA, HAD NOT BEEN ON THE BOOKS 25 YEARS AGO AND HAD NOT BEEN ENFORCED
DURING THE 1940'S AND 1950'S WHEN INDISCRIMINATE DUMPING OCCURRED IN THE
CANAL.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 075 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101313
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HEARINGS
TRANSCRIPT
UNFORTUNATELY, RCRA DOES NOT ADEQUATELY ADDRESS THE ISSUE OF
ABANDONED CHEMICAL DUMPS. THERE ARE FEW PROVISIONS IN THE ACT WHICH CAN
DIRECTLY AID US IN EFFECTIVELY COPING WITH THE PROBLEMS THEY LEAVE
BEHIND, EXCEPT PERHAPS SECTION 8001(A), WHICH PROVIDES FOR DEMONSTRATION
PROJECTS AND UNDER WHICH WE DID GET $4 MILLION IN FUNDING AND SECTION
7003, RELATING TO IMMINENT HAZARDS.
CONGRESS, I BELIEVE, IN ALL ITS WISDOM SHOULD HAVE PROPERLY ADDRESSED
THIS ISSUE IN 1976 WHEN IT ORIGINALLY PASSED THE LAW. HOWEVER, IT DID
NOT AND, THEREFORE, I HAVE INTRODUCED LEGISLATION DURING THE FINAL DAYS
OF THE 95TH CONGRESS, WHICH I BELIEVE MIGHT HELP US ADDRESS THE PROBLEMS
CREATED BY ABANDONED WASTESITES. I WILL DISCUSS THIS BILL'S PROVISIONS
A LITTLE LATER.
NEVERTHELESS, RCRA AS IT EXISTS TODAY CAN HELP US PREVENT FUTURE LOVE
CANALS BUT ONLY IF EPA ACTS AND ACTS IMMEDIATELY. THERE ARE HAZARDOUS
WASTE DISPOSAL AREAS CURRENTLY BEING OPERATED WHICH NEED TO BE REGULATED
BETTER SO THAT THE PEOPLE WHO LIVE NEAR THEM CAN BE ASSURED THAT A
FUTURE LOVE CANAL DOES NOT EXIST IN THEIR BACKYARDS.
I HAVE SEVERAL SUCH AREAS OPERATING CURRENTLY IN MY OWN CONGRESSIONAL
DISTRICT. WE IN NEW YORK ARE FORTUNATE BECAUSE WE HAVE STRICT STATE
LEGISLATION ON THE BOOKS.
HOWEVER, THE CITIZENS WHO LIVE, FOR EXAMPLE, IN MY CONGRESSIONAL
DISTRICT IN LEWISTON, N.Y., NEAR THE SCA SERVICES, INC. SITE ARE VERY
LEERY OF THE OPERATIONS AT THE SITE BECAUSE THEY DO NOT HAVE THE
ASSURANCE THAT IT IS BEING REGULATED ACCORDING TO FEDERAL STANDARDS.
NOT ONLY ARE PEOPLE AFRAID THAT THESE SITES ARE NOT BEING REGULATED
ENOUGH DUE TO THE LACK OF RCRA ENFORCEMENT, BUT WE ALSO HAVE THE
EXAMPLES OF PCB'S BEING DISPOSED OF ALONG THE ROADS IN NORTH CAROLINA BY
A MIDNIGHT HAULER AND ILLEGAL WASTE DUMPERS STREWING WASTES ALONG CANCER
ALLEY IN NEW JERSEY.
THE RESULTS OF THESE ACTIONS ARE ADDITIONAL POLLUTANTS IN OUR
DRINKING WATER, INCREASED BURDENS ON OUR SEWAGE TREATMENT PLANTS,
INCREASED POLLUTION IN OUR RIVERS AND STREAMS, AND INCREASINGLY HIGHER
AMOUNTS OF UNHEALTHY AND EVEN TOXIC CHEMICALS IN THE AIR WE BREATHE.
THIS ADDITIONAL POLLUTION, MUCH OF WHICH COULD HAVE BEEN PREVENTED,
COSTS TAXPAYERS ADDITIONAL MONEY, IRREPARABLY HARMS THE ENVIRONMENT AND
CREATES COSTS-- BOTH HEALTH AND FINANCIAL-- FOR THE INDIVIDUALS WHO
SUFFER FROM THESE ACTIVITIES.
MANY OF US UNKNOWINGLY SUFFER DUE TO THE TOXICS ENTERING THE FOOD
CHAIN. THE TOXIC WASTES SETTLE ON THE FLOORS OF THE BODIES OF WATER
FROM WHICH WE FISH. I CAN GIVE EXAMPLE AFTER EXAMPLE. THESE ARE JUST A
FEW OF THE EXAMPLES OF THE TOTAL EXTENT OF THE HARM THAT HAS BEEN DONE
TO OUR ENVIRONMENT, HEALTH AND WELL BEING.
BY NOT HAVING ISSUED REGULATIONS FOR RCRA, EPA IS CREATING A GAPING
HOLE IN OUR NATIONAL POLICY TO REDUCE THE AMOUNT OF UNCONTROLLABLE
POLLUTANTS IN THE ENVIRONMENT.
MR. CHAIRMAN, CONGRESS HAS PASSED OTHER LANDMARK LEGISLATION AS WELL,
AND I DETAIL THAT LEGISLATION IN MY PREPARED TESTIMONY, AND I WILL PASS
OVER IT FOR PURPOSES OF MY VERBAL PRESENTATION.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 076 OF 487
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
101314
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TRANSCRIPT
THEY INCLUDE THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT
OF 1972, THE CLEAN AIR ACTS OF 1970 AND 1977, THE HAZARDOUS MATERIALS
TRANSPORTATION ACT OF 1974, THE WATER POLLUTION CONTROL ACT OF 1972, THE
CLEAN WATER ACT OF 1977, THE SAFE DRINKING WATER ACT OF 1974, AND THE
TOXIC SUBSTANCES CONTROL ACT OF 1976.
WHAT I WOULD NOW LIKE TO TURN TO, HOWEVER, IS THE WATER POLLUTION
CONTROL ACT OF 1972 AND THE CLEAN WATER ACT OF 1977 ON PAGE 11 OF MY
TESTIMONY BECAUSE I DO THINK THAT THERE ARE PROVISIONS WITHIN THAT
PRESENT LEGISLATION WHICH IF IMPLEMENTED COULD BE OF ASSISTANCE TO
SITUATIONS SUCH AS THE LOVE CANAL DISASTER.
WHEN I FIRST LEARNED OFTHEPOTENTIAL HORRORS AT THE LOVE CANAL -- ALL
OF WHICH UNFORTUNATELY PROVED TO BE REAL, NOT JUST POTENTIAL-- I
APPROACHED EPA FOR FUNDING OF THE CLEANUP OF THE CANAL UNDER BOTH RCRA
AND THE CLEAN WATER ACT.
SPECIFICALLY, I DISCUSSED SECTIONS 201, 208, 311, AND 504. I BELIEVE
THAT EACH SECTION, IF IMPLEMENTED IN A CREATIVE MANNER, COULD BE MOST
USEFUL IN SITUATIONS SUCH AS THE LOVE CANAL. LET ME EXPLAIN.
SECTION 201 PROVIDES FOR GRANTS FOR CONSTRUCTION OF WASTEWATER
TREATMENT WORKS. IS IS A $40 BILLION PROGRAM. THE SOLUTION WHICH HAS
BEEN DESIGNED FOR CLEANING UP LOVE CANAL IS A MICRO SEWER SYSTEM.
FRENCH TILE DRAINS ARE BEING LAID SO THE LEACHATE CAN BE COLLECTED. THE
CONTAMINATED WASTES WILL THEN BE FLUSHED THROUGH A PRETREATMENT PLANT
AND EVENTUALLY THROUGH THE MUNICIPAL SEWAGE TREATMENT PLANT. IF EPA
WERE TO RECOGNIZE THE FACT THAT THIS PLAN OF ACTION IS, IN ESSENCE, A
MICRO SEWER SYSTEM, THEN 201 FUNDS COULD BE USED IN THIS INNOVATIVE WAY.
HOWEVER, EPA RESISTED THIS APPROACH FOR USE OF 201 MONEY, STATING THAT
IT IS NOT A TRADITIONAL USE OF THESE FUNDS. LOVE CANALS ARE NOT
TRADITIONAL PROBLEMS, AND I THINK EPA SHOULD BE LOOKING FOR INNOVATIVE
USES OF ITS PROGRAMS FOR NEW PROBLEMS AS WELL AS TRADITIONAL ONES.
SECTION 208 IS THE SECTION OF THE LAW WHICH CALLS FOR STATE AND
AREAWIDE PLANNING AND MANAGEMENT PROGRAMS TO ADDRESS NONPOINT SOURCE
DISCHARGES. IT PROVIDES FOR LOCAL INPUT AND LOCALIZED PLANNING, 208
AGREEMENTS MUST BE CERTIFIED BY THE GOVERNOR AND NO 201 GRANTS CAN BE
AWARDED WITHOUT THE 208 AGREEMENT IN PLACE. IT TOO MUST BE REVIEWED AND
UPDATED EACH YEAR AS NECESSARY.
SECTION 311 PROVIDES FOR THE DESIGNATION OF HAZARDOUS SUBSTANCES
WHICH, WHEN DISCHARGED, PRESENT AN IMMINENT AND SUBSTANTIAL DANGER TO
THE PUBLIC HEALTH OR WELFARE, AND PROVIDES FOR PENALTIES FOR SUCH
DISCHARGES. THAT WAS ON THE BOOKS FOR 5 YEARS, AND I CONTACTED
PRESIDENT CARTER AND I SAID IT STILL HASN'T BEEN IMPLEMENTED.
REGULATIONS HAVEN'T BEEN PROMULGATED. A SHORT WHILE AFTER I CONTACTED
PRESIDENT CARTER, EPA DID ISSUE REGULATIONS, BUT THEN THEY WERE TOSSED
OUT IN THE COURTS, AND WE STILL DO NOT HAVE REGULATIONS FOR SECTION 311.
FINALLY THERE IS SECTION 504 OF THE CLEAN WATER ACT WHICH AUTHORIZES
THE ADMINISTRATOR TO PROVIDE ASSISTANCE IN EMERGENCIES CAUSED BY THE
RELEASE INTO THE ATMOSPHERE OF ANY POLLUTANT OR OTHER CONTAMINANT
INCLUDING, BUT NOT LIMITED TO, THOSE WHICH PRESENT, OR MAY REASONABLY BE
ANTICIPATED TO PRESENT, AN IMMINENT AND SUBSTANTIAL DANGER TO THE PUBLIC
HEALTH OR WELFARE. AND THIS MOST FITTINGLY ADDRESSES SITUATIONS SUCH AS
THE LOVE CANAL. BUT THERE MR. CHAIRMAN, CONGRESS HAS BEEN DERELICT. WE
HAVE AUTHORIZED MONEY TO THE TUNE OF APPROXIMATELY $10 MILLION BUT WE
HAVE NOT APPROPRIATED ONE RED PENNY FOR IMPLEMENTATION OF SECTION 504,
AND UNTIL WE DO SO WE CAN'T USE IT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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LET ME TURN TO WHAT I THINK ARE ALSO NEEDED CHANGES IN RCRA AND ALSO
IN A NEW LAW ON PAGE 15 OF MY TESTIMONY.
I INTRODUCED TWO BILLS INTO CONGRESS DURING THE LAST DAYS OF THE 95TH
SESSION WHICH I HOPE WILL SERVE AS A BASIS FOR DISCUSSION AND BE
INCLUDED IN THE REAUTHORIZATION BILL FOR RCRA.
THE FIRST BILL I INTRODUCED IS INTENDED TO HELP PREVENT HAZARDOUS
SUBSTANCES FROM BEING HANDLED OR DISPOSED OF IN WAYS THAT THREATEN
INJURIES TO AMERICAN CITIZENS OR TO THE ENVIRONMENT.
MY BILL WILL, I BELIEVE, HELP FILL THE GAPS WHICH HAVE BECOME EVIDENT
IN RCRA BY AMMENDING IT TO: ESTABLISH A PROGRAM FOR THE IDENTIFICATION
AND RECLAMATION OF ABANDONED HAZARDOUS WASTESITES; SET FEES TO BE PAID
BY PRIVATE ORGANIZATIONS WHICH STORE OR DISPOSE OF HAZARDOUS WASTES;
PROVIDE FOR A PROCESS FOR THE SELECTION OF SITES FOR FUTURE DISPOSAL OF
HAZARDOUS WASTES.
MORE SPECIFICALLY, MY BILL STATES THAT A CONCERTED EFFORT MUST BE
MADE TO IDENTIFY ALL ABANDONED LANDFILL SITES THAT DO OR MAY CONTAIN
HAZARDOUS WASTES, AND ONCE THEY ARE IDENTIFIED THEY MUST BE RECLAIMED,
IF FEASIBLE. IF RECLAMATION IS NOT FEASIBLE, THEY MUST BE MONITORED TO
INSURE THAT PUBLIC AND ENVIRONMENTAL HEALTH AND SAFETY ARE NOT
ENDANGERED. MY BILL ESTABLISHES A JOINT STATE/ FEDERAL PROCEDURE FOR
ACCOMPLISHING THESE DIRECTIVES.
ADDITIONALLY, WHEN RCRA WAS PASSED IN 1976, FEW FORSAW THE WIDESPREAD
PUBLIC OPPOSITION TO NEW HAZARDOUS WASTE DISPOSAL SITES WHICH HAS SWEPT
THE NATION. THE GENERAL PUBLIC WAS NOT THEN FULLY AWARE OF THE LARGE
NUMBER OF ABANDONED SITES THROUGHOUT THE COUNTRY, THE DELETERIOUS
EFFECTS THEY WERE HAVING ON PEOPLE'S HEALTH AND SAFETY, AND THEIR DIRE
IMPACT ON THE ENVIRONMENT. NOW THAT PUBLIC AWARENESS HAS GROWN, IN
LARGE PART DUE TO THE LOVE CANAL EMERGENCY, CITIZENS ARE UNDERSTANDABLY
LEERY ABOUT THE DUBIOUS HONOR OF HAVING A NEW SITE PROPOSED FOR LOCATION
IN THEIR BACKYARDS.
HOWEVER, AS I NOTED EARLIER, THE HAZARDOUS WASTE DISPOSAL SITUATION
IS HERE TO STAY. OUR ADVANCED TECHNOLOGY AND MANUFACTURING PROCESSES
MUST PRODUCE WASTES AS BYPRODUCTS OF THOSE VERY ACTIVITIES WHICH ALLOW
US TO ENJOY ONE OF THE HIGHEST STANDARDS OF LIVING IN THE WORLD.
THEREFORE, WE MUST CREATE A PROGRAM AND PROCESS FOR LOCATING NEW
FACILITIES FOR THE TREATMENT, STORAGE, AND DISPOSAL OF HAZARDOUS WASTE
MATERIALS IN AS RATIONAL, EFFECTIVE, AND EQUITABLE A MANNER AS POSSIBLE.
THAT IS PRECISELY WHAT MY BILL IS INTENDED TO PROVIDE.
MR. CHAIRMAN, I ALSO ASK THAT WE INCLUDE WITHIN THE BODY OF MY
REMARKS THE REMAINDER OF MY PREPARED STATEMENT WHICH DETAILS IN GREATER
EXTENT THE FIRST BILL I INTRODUCED AND ALSO, THE SECOND BILL, THE TOXIC
POLLUTANT COMPENSATION ACT, WHICH I DESIGNED TO PROVIDE RELIEF TO ALL
PERSONS INJURED AS A RESULT OF TOXIC POLLUTANTS IN OUR ENVIRONMENT,
REGARDLESS OF FAULT, ENABLING EPA, AFTER COMPENSATION OF THE VICTIMS, TO
THEN GO AFTER THE POLLUTERS.
THANK YOU VERY, VERY MUCH FOR YOUR KIND ATTENTION TO WHAT I DO ADMIT
WAS A RATHER EXTENSIVE TESTIMONY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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MR. CHAIRMAN: IT IS AN HONOR FOR ME TO TESTIFY BEFORE YOU TODAY ON
THE PROGRESS THE FEDERAL GOVERMENT HAS MADE IN THE IMPLEMENTATION OF THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (RCRA).
ON AUGUST 2, 1978, THE NEW YORK STATE COMMISSIONER OF HEALTH ADVISED
PREGNANT WOMEN AND CHILDREN UNDER THE AGE OF TWO TO EVACUATE THE LOVE
CANAL AREA OF NIAGARA FALLS, WHICH IS IN MY CONGRESSIONAL DISTRICT.
EVENTUALLY OVER 230 FAMILIES MOVED FROM THE AREA. THEIR HOMES WERE
BEING POLLUTED BY TOXIC CHEMICALS SEEPING FROM THE GROUND FROM AN
ABANDONED CANAL WHICH HAD BEEN USED AS A SOLID WASTE LANDFILL SITE.
EIGHTY-TWO CHEMICALS, SOME OF WHICH ARE SUSPECTED CARCINOGENS, HAVE BEEN
DETECTED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO BE IN THE
AMBIENT AIR IN THE CANAL AREA. THIS TERRIBLE TRAGEDY, CAUSED BY TOXIC
WASTES HAVING BEEN INDISCRIMINATELY BURIED IN THE CANAL OVER 25 YEARS
AGO, HAS REFERRED TO AS JUST ONE OT THE MANY "TICKING TIMEBOMBS", JUST
ONE OF THE ABANDONED LANDFILL SITES AROUND THE COUNTRY.
CONGRESS, WHEN IT PASSED RCRA IN 1976, HOPED TO PREVENT SUCH
INCIDENTS BY PROVIDING FOR A HAZARDOUS WASTE REGULATORY PROGRAM; A
PROGRAM TO ELIMINATE OPEN DUMPING; A PROGRAM FOR FINANCIAL AND
TECHNICAL ASSISTANCE FOR PLANNING ENHANCED SOLID WASTE MANAGEMENT
PROGRAMS; A GRANTS PROGRAM TO RURAL COMMUNITIES TO IMPROVE SOLID WASTE
MANAGEMENT SYSTEMS; AND UTHORITY FOR RESEARCH, DEMONSTRATIONS AND
STUDIES.
LET ME TAKE A FEW MINUTES TO OUTLINE IN MORE DETAIL THE LAW AS
CONGRESS PASSED IT IN 1976. IN THE INTEREST OF BREVITY I HAVE EXTRACTED
ONLY THOSE PORTIONS WHICH I THINK ARE RELEVANT TO TODAY'S TESTIMONY.
SUBTITLE A OF THE ACT REQUIRES THE FORMULATION OF GUIDCLINES FOR
SOLID WASTE RECOVERY AND THE PUBLICATION OF GUIDELINES ON ALTERNATIVE
SOLID WASTE MANAGEMENT PRACTICES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THESE GUIDELINES ARE TO BE ISSUED WITHIN ONE YEAR OF ENACTMENT OF THE
LAW. DESCRIPTIONS OF LEVELS OF TECHNICAL PERFORMANCE, LEACHATE CONTROL,
AMBIENT AIR QUALITY, DISEASES, SAFETY AND AESTHETICS WILL BE INCLUDED IN
SIMILAR GUIDELINES PUBLISHED AFTER TWO YEARS.
SUBTITLE B ESTABLISHES AN OFFICE OF SOLID WASTE WITHIN THE
ENVIRONMENTAL PROTECTION AGENCY HEADED BY A DEPUTY ASSISTANT
ADMINISTRATOR TO OVERSEE THE IMPLEMENTATION OF RCRA. THIS POSITION IS
CURRENTLY HELD BY MR. STEFAN PLEHN.
SUBTITLE C IS THE KEY TO THE BILL AS THIS IS THE SECTION WHICH IS
CONCERNED WITH HAZARDOUS WASTE MANAGEMENT. THE LAW DIRECTS EPA, WITHIN
18 MONTHS OF ENACTMENT, TO IDENTIFY WHICH WASTES ARE HAZARDOUS AND IN
WHAT QUANTITIES, QUALITIES, CONCENTRATIONS AND FORMS OF DISPOSAL THEY
BECOME A THREAT TO HEALTH OR THE ENVIRONMENT.
ADDITIONALLY, EPA IS REQUIRED TO ISSUE STANDARDS FOR GENERATORS AND
TRANSPORTERS OF HAZARDOUS WASTES, RESPECTING RECORD KEEPING, PRACTICES,
LABELING, APPROPRIATE CONTAINERS, USE OF A MANIFEST SYSTEM AND REPORTING
OF QUANTITIES AND DISPOSITION.
PERHAPS MOST IMPORTANTLY, PERSONS OWNING OR OPERATING FACILITIES FOR
THE TREATMENT AND STORAGE OF HAZARDOUS WASTES ARE REQUIRED TO OBTAIN
PERMITS WITHIN 90 DAYS AFTER IDENTIFICATION AND LISTING. PERMIT
APPLICATIONS MUST INDICATE COMPOSITION, QUANTITIES, THE RATE AT WHICH
SUCH WASTES ARE TO BE DISPOSED OF, AND THE LOCATION OF THE DISPOSAL
SITE. EPA OR STATES (IN JURISDICTIONS HAVING HAZARDOUS WASTE PROGRAMS)
MAY REVOKE PERMITS OF NON-CONFORMING USERS.
EIGHTEEN MONTHS AFTER ENACTMENT THE ADMINISTRATOR MUST ALSO PUBLISH
GUIDELINES TO ENABLE THE STATES TO DEVELOP APPROVED HAZARDOUS WASTE
PROGRAMS.
IN ORDER FOR EPA AND STATE OFFICIALS TO ENFORCE THESE REQUIREMENTS,
THE ACT AUTHORIZES THEM TO INSPECT FACILITIES, COPY RECORDS, AND OBTAIN
SAMPLES. THE INFORMATION OBTAINED WILL BE MADE PUBLIC.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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COMPLIANCE PROVISIONS OF THE LAW WILL BE ENFORCED THROUGH CIVIL AND
CRIMINAL PENALTIES.
SUBTITLE D REQUIRES EPA WITHIN 6 MONTHS OF ENACTMENT TO PUBLISH
GUIDELINES IDENTIFYING AREAS WITH COMMON SOLID WASTE MANAGEMENT PROBLEMS
AND APPROPRIATE UNITS FOR PLANNING REGIONAL SOLID WASTE MANAGEMENT
SERVICES.
THE AGENCY WILL ALSO PROMULGATE WITHIN 18 MONTHS AFTER ENACTMENT
GUIDELINES TO AID THE STATES IN THE DEVELOPMENT OF SOLID WASTE
MANAGEMENT PLANS.
IT IS IMPORTANT TO NOTE THAT EACH PLAN MUST PROHIBIT THE
ESTABLISHMENT OF NEW OPEN DUMPS AND REQUIRE THAT ALL NON-HAZARDOUS
WASTES BE EITHER USED FOR RESOURCE RECOVERY OR DISPOSED OF IN SANITARY
LANDFILLS. EXISTING OPEN DUMPS WILL BE IMPROVED OR PHASED OUT.
WITHIN ONE YEAR AFTER ENACTMENT, THE EPA WILL PROMULGATE REGULATIONS
SETTING FORTH CRITERIA FOR DETERMINING WHICH FACILITIES WILL BE
CLASSIFIED AS SANITARY LANDFILLS AND WHICH AS OPEN DUMPS. OPEN DUMPS
ARE PROHIBITED EXCEPT IN SITUATIONS WHERE A COMPLIANCE SCHEDULE IS
ARRIVED AT PURSUANT TO A STATE PLAN. EPA UNDER SECTION 4005 OF THE ACT
MUST ALSO PUBLISH AN INVENTORY OF ALL OPEN DUMPS WITHIN THE U.S.
ANOTHER PROVISION IN THIS SUBTITLE TO BE NOTED IS ONE WHICH ALLOWS
FOR "SPECIAL COMMUNITIES". A SPECIAL COMMUNITY IS DEFINED AS ONE WHICH
HAS A LOW POPULATION AND A HIGH LEVEL OF SOLID WASTE DISPOSAL. STATES
WITH SPECIAL COMMUNITIES WILL BE ELIGIBLE FOR GRANTS TO BE USED FOR
CONVERSION, IMPROVEMENT, CONSOLIDATION OR CONSTRUCTION OF SOLID WASTE
DISPOSAL FACILITIES.
GRANTS WILL ALSO BE PROVIDED FOR "RURAL COMMUNITIES" ASSISTANCE TO BE
USED TO UPGRADE SOLID WASTE MANAGEMENT FACILITIES AND WILL BE
APPROTIONED BY EPA TO THE STATES ON A POPULATION RATION BASIS.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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TRANSCRIPT
SUBTITLE E CONCERNS RESOURCE RECOVERY. IT DIRECTS THE SECRETARY OF
COMMERCE TO STIJULATE BROADER COMMERCIALIZATION OF PROVEN RESOURCE
RECOVERY TECHNOLOGIES BY PROVIDING ACCURATE SPECIFICATIONS FOR RECOVERED
MATERIALS AND ENCOURAGEING THE DEVELOPMENT OF MARKETS FOR RECOVERED
MATERIALS. WITHIN TWO YEARS AFTER ENACTMENT, THE SECRETARY MUST PUBLISH
GUIDELINES FOR THE DEVELOPMENT OF SPECIFICATIONS AND CLASSIFICATIONS OF
RECOVERED MATERIALS AND IDENTIFY THE GEOGRAPHIC LOCATION OF EXISTING OR
POTENTIAL MARKETS FOR RECOVERED MATERIALS. THE SECRETARY IS ALSO
EMPOWERED TO EVALUATE THE COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY
FACILITIES.
SUBTITLE F OUTLINES FURTHER FEDERAL RESPONSIBILITY IN THE AREA OF
RESOURCE RECOVERY. IT STATES THAT TWO YERAS AFTER ENACTMENT EACH
FEDERAL PROCUREMENT AGENCY WILL BE REQUIRED TO PROCURE ONLY THOSE ITEMS
COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS. THIS
PROVISION WILL APPLY TO ALL ITEMS EXCEEDING $10,000 IN PURCHASE PRICE.
EPA IS GIVEN AUTHORITY TO ENTER INTO CONTRACTS WITH PUBLIC AGENCIES
OR WITH PRIVATE PERSONS FOR CONSTRUCTION AND OPERATION OF FULL-SCALE
DEMONSTRATION FACILITIES OR PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF
GRANTS FOR NEW OR IMPROVED TECHNOLOGIES.
THE AGENCY WILL ALSO CONDUCT SPECIAL STUDIES ON MARKETS FOR ENERGY
RECOVERED FROM SOLID WASTE AND IT MAY THEN IMPLEMENT DEMONSTRATION
PROJECTS TO TEST STUDY FINDINGS. THIS SUBTITLE ALSO DIRECTS EPA TO
PREPARE GUIDELINES TO AID PROCURING AGENCIES IN COMPLYING WITH THE
RECOVERED MATERIALS REQUIREMENT.
SECTIONS 7002 AND 7003 IN SUBTITLE G ARE EXTREMELY IMPORTANT. THESE
PROVISIONS STATE THAT ANY PERSON MAY COMMENCE A CITIZEN SUIT AGAINST ANY
PERSON (INCLUDING THE U.S. GOVERNMENT) WHO IS ALLEGED TO BE IN VIOLATION
OF ANY PERMIT, STANDARD, OR REGULATION UNDER THE ACT OR AGAINST THE
ADMINISTRATION FOR ALLEGED FAILURE TO PERFORM ANY DUTY UNDER THE ACT
WHICH IS NOT DISCRETIONARY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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TRANSCRIPT
THE ADMINISTRATOR MAY BRING SUIT TO ENJOIN ANY HANDLING, STORAGE,
TREATMENT, TRASNPORTATION OR DISPOSAL OF ANY SOLID OR HAZARDOUS WASTE
WHICH IS PRESENTING AN IMMINENT HAZARD TO PUBLIC HEALTH OR THE
ENVIRONMENT.
EPA, UNDER SUBTITLE H, IS TO CONDUCT AND ENCOURAGE STUDIES AND
RESEARCH ON FINANCING SOLID WASTE PROGRAMS, HEALTH EFFECTS OF SOLID
WASTE DISPOSAL, MARKETING OF RECOVERED RESOURCES, PRODUCTION OF FUEL
FROM SOLID WASTE, COLLECTION OF SOLID WASTE, RESOURCE RECOVERY SOURCE
SEPARATION SYSTEMS, LAND DISPOSAL PRACTICES, SLUDGE, HAZARDOUS WASTE AND
THE EFFECT OF BURNING SOLID WASTE ON AIR QUALITY.
NOW THAT I HAVE OUTLINED THE REQUIREMENTS UNDER THE LAW IN THE AREAS
OF SOLID WASTE, HAZARDOUS WASTE AND RESOURCE RECOFERY, I WOULD LIKE TO
TAKE UP THE ISSUE OF THE PROMULGATION OF REGULATIONS WHICH IS NECESSARY
FOR IMPLEMENTATION OF THIS ACT.
THE LAW IS INTENDED TO REGULATE SOLID WASTES FROM THE "CRADLE TO THE
GRAVE". HOWEVER, MOST OF THE PROVISIONS WHICH I OUTLINED ABOVE HAVE NOT
YET BEEN IMPLEMENTED BECAUSE THE U.S. ENVIRONMENTAL PROTECTION AGENCY,
THE FEDERAL AGENCY RESPONSIBLE FOR IMPLEMENTING THIS ACT, HAS NOT ISSUED
REGULATIONS. AS YOU WILL RECALL, THE REGULATIONS FOR SUBTITLE
C-HAZARDOUS WASTE MANAGEMENT-WERE TO BE ISSUED WITHIN 18 MONTHS OF
ENACTMENT OF THE LAW. EPA STATES THAT IT WILL NOT BE ISSUING THE
REGULATIONS FOR THIS SECTION OF THE LAW UNTIL 1980 BECAUSE IT NEEDS TO
RESOLVE VERY COMPLEX TECHNICAL, FINANCIAL, LEGAL AND ENVIRONMENTAL
ISSUES. EPA'S MAIN CONCERN, AND PERHAPS TO AN EXTENT JUSTIFIABLY SO, IS
TO ISSUE REGULATIONS WHICH WILL NOT BE TOSSED OUT BY THE COURTS.
HOWEVER, BY NOT ISSUING REGULATIONS UNTIL JANUARY 1980, WHICH MEANS THAT
THE REGULATIONS WOULD NOT TAKE EFFECT FOR AN ADDITIONAL 6 MONTHS AFTER
ISSUANCE, EPA IS DELAYING BY TWO YEARS PUTTING INTO EFFECT A PROGRAM
WHICH IS URGENTLY NEEDED.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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TRANSCRIPT
BY DELAYING THE ISSUANCE OF REGULATIONS FUR SUCH IMPORTANT SECTIONS
OF THE LAW SUCH AS: GUIDELINES FOR SOLID WASTE MANAGEMENT LANDSPREADING
PRACTICES; HAZARDOUS WASTE CRITERIA - IDENTIFICATION AND LISTING;
STANDARDS FOR GENERATORS OF WASTE; STANDARDS FOR HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES; PERMIT REGULATIONS FOR
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES GUIDELINES
FOR DEVELOPMENT OF STATE SOLID WASTE MANAGEMENT PROGRAMS; CRITERIA FOR
CLASSIFICATION OF DISPOSAL FACILITIES; GUIDELINES FOR PROCUREMENT
PRACTICES; IS TO RENDER THE LAW TOTALLY INEFFECTIVE. FOR ALL THE GOOD
THIS LAW IS CURRENTLY DOING, CONGRESS MAY WELL NOT HAVE PASSED IT AT
ALL. I HAVE GREAT RESPECT FOR THE ENVIRONMENTAL PROTECTION AGENCY, IT
HAS A DIFFICULT TASK IN PROTECTING OUR ENVIRONMENT, BUT IT HAS PROVEN
DERELICT IN ITS DUTIES AND OBLIVIOUS TO ITS RESPONSIBILITIES TO THE
PEOPLE OF THIS COUNTRY BY NOT HAVING ISSUED ALL THE REGULATIONS FOR RCRA
SO THAT IT CAN BE IMPLEMENTED IMMEDIATELY.
BY DELAYING ISSUANCE OF THE RCRA REGULATIONS, EPA MAY BE COMPOUNDING
ITS PROBLEMS BY ALLOWING THOSE WHO AHNDLE, HAUL OR DISPOSE OF HAZARDOUS
WASTES TO DO SO IN AN UNSAFE MANNER: ADDITIONALLY, THOSE COMPANIES
WHICH ARE INVOLVED IN THE WASTE DISPOSAL BUSINESS ARE HESITANT TO INVEST
IN NEW EQUIPMENT FOR FEAR THAT THE NEW FACILITIES WILL NOT MEET EPA
STANDARDS WHEN THE REGULATIONS ARE ISSUED IN 1980. ALSO SINCE THE LAWS
CONCERNING JUMPING NOW IN EFFECT ARE STATE LAWS RATHER THAN FEDERAL
LAWS, STATES WITH STRICT DUMPING REGULATIONS ARE HURTING THEMSELVES
BECAUSE INDUSTRIES ARE MOVING TO THOSE STATES WITH WEAK LAWS SO THAT
THEY CAN DUMP WITHOUT PENALTY.
THE SOLID WASTES WHICH WE GENERATE IN THIS COUNTRY AS A RESULT OF OUR
HIGHLY INDUSTRIALIZED ECONOMY ARE HERE TO STAY - THEY WILL NOT GO AWAY
BUT RATHER INCREASE EXPONENTIALLY IN THE FUTURE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 084 OF 487
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TRANSCRIPT
THUS, IN ORDER TO PREVENT LANDFILL OPERATORS FROM BEING ABLE TO
CONDUCT THEIR BUSINESSES IN AN IRRESPONSIBLE MANNER, EPA MUST REGULATE.
THE PUBLIC FEARS THE PLACEMENT OF THESE LANDFILLS WHICH HAVE CREATED
SERIOUS HEALTH AND ENVIRONMENTAL PROBLEMS FOR THE SURROUNDING AREAS DUE
TO A LACK OF REGULATION OF THE LANDFILLS' ACTIVITIES. WE CANNOT ALLOW
THE PUBLIC TO REMAIN FEARFUL, BECAUSE THE HAZARDOUS WASTE LANDFILL MUST
EXIST AS LONG AS OUR SOCIETY CONTINUES TO MANUFACTURE PRODUCTS FROM
MATERIALS WHICH ARE MADE FROM TOXIC SUBSTANCES WHICH ARE NOT
BIODEGRADABLE. WE CAN ONLY STEM THE LEGITIMATE FEARS OF THE PUBLIC IF
WE INSIST THAT THE SOLID WASTE PRODUCERS, HANDLERS, HAULERS AND LANDFILL
OPERATORS BE FORCED TO CONDUCT THEIR BUSINESSES IN THE SAFEST MANNER
KNOWN TO MAN.
I WOULD LIKE TO MAKE NOTE AT THIS POINT THAT I AM NOT IN FAVOR OF
REGULATING FOR THE SAKE OF REGULATING. GOVERNMENT HAS A TENDENCY
SOMETIMES TO OVERREGULATE AND COST GOVERNMENT AND THE CONSUMER
INORDINATE AMOUNTS OF MONEY. HOWEVER, THERE ARE TIMES WHEN I BELIEVE
THAT GOVERNMENT MUST STEP IN AND REGULATE IN ORDER TO PROTECT THE HEALTH
AND WELFARE OF THE CITIZENS. THE PRESIDENT, AS PART OF HIS PHASE II
ANTI-INFLATION MESSAGE DELIVERED LAST WEEK, REQUESTED FEDERAL AGENCIES
TO AVOID ISSUING REGULATIONS WHICH COULD PROVE TO BE ADVERSE TO THE
PUBLIC INTEREST, INFLATIONARY, OF NON COST-EFFECTIVE. EPA MUST NOT TAKE
THIS MESSAGE TO MEAN THAT THE PRESIDENT DOES NOT WANT IMPROTANT LAWS
SUCH AS RCRA TO BE IMPLEMENTED. EPA SHOULD FOLLOW THE PRESIDENT'S
DIRECTIVES BY REDIRECTING ITS RESOURCES TOWARD NECESSARY REGULATIONS AND
ISSUING THEM AS EXPEDITIOUSLY AS POSSIBLE. IN THIS MANNER THE AGENCY
WILL ALSO MEET THE PUBLIC'S EXPECTATIONS BY LIVING UP TO ITS OBLIGATION
TO PRESERVE PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
THE LOVE CANAL IS A PRIME EXAMPLE OF A "TICKING TIMEBOMB"-- AN
ABANDONED LANDFILL FULL OF TOXIC SUBSTANCES WHICH LITERALLY EXPLODED IN
THE FACES OF THE PEOPLE WHO LIVED IN THE SURROUNDING AREA BECAUSE A LAW,
SUCH AS RCRA, HAD NOT BEEN ON THE BOOKS AND HAD NOT BEEN ENVORCED DURING
THE 1940'S AND 50'S WHEN INDISCRIMINATE DUMPING OCCURRED IN THE CANAL.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
PART 085 OF 487
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TRANSCRIPT
UNFORTUNATELY, RCRA DOES NOT ADDRESS THE ISSUE OF ABANDONED CHEMICAL
DUMPS. THEREFORE, THERE IS NO PROVISION IN THE ACT WHICH CAN AID US IN
COPING WITH THE PROBLEMS THEY LEAVE BEHIND. CONGRESS, I BELIEVE, IN ALL
ITS WISDOM, SHOULD HAVE ADDRESSED THIS ISSUE IN 1976 WHEN IT ORIGINALLY
PASSED THC LAW; HOWEVER, IT DID NOT, AND THEREFORE, I HAVE INTRODUCED
LEGISLATION DURING THE FINAL DAYS OF THE 95TH CONGRESS WHICH I BELIEVE
MIGHT HELP US ADDRESS THE PROBLEMS CREATED BY ABANDONED WASTE SITES. I
WILL DISCUSS THIS BILL'S PROVISIONS A LITTLE LATER.
NEVERTHELESS, RCRA CAN HELP US PREVENT FUTURE LOVE CANALS, BUT ONLY
IF EPA ACTS AND ACTS IMMEDIATELY. THERE ARE HAZARDOUS WASTE DISPOSAL
AREAS CURRENTLY BEING OPERATED WHICH NEED TO BE REGULATED BETTER SO THAT
THE PEOPLE WHO LIVE NEAR THEM CAN BE ASSURED THAT A FUTURE LOVE CANAL
DOES NOT EXIST IN THEIR BACKYARDS. I HAVE SEVERAL SUCH AREAS OPERATING
CURRENTLY IN MY OWN CONGRESSIONAL DISTRICT. WE IN NEW YORK ARE
FORTUNATE BECAUSE WE HAVE STRICT LEGISLATION ON THE STATE BOOKS.
HOWEVER, THE CITIZENS WHO LIVE, FOR EXAMPLE, IN LEWISTON, NEW YORK, NEAR
THE SCA SERVICES, INC., SITE, ARE VERY LEARY OF THE OPERATIONS AT THE
SITE BECAUSE THEY DO NOT HAVE THE ASSURANCE THAT IT IS BEING REGULATED
ACCORDING TO FEDERAL STANDARDS.
NOT ONLY ARE PEOPLE AFRAID THAT THESE SITES ARE NOT BEING REGULATED
ENOUGH DUE TO THE LACK OF RCRA ENFORCEMENT, BUT WE ALSO HAVE THE
EXAMPLES OF PCB'S BEING DISPOSED OF ALONG THE ROADS IN NORTH CAROLINA BY
A "MIDNIGHT HAULER", AND ILLEGAL WASTE DUMPERS STREWING WASTES ALONG
"CANCER ALLEY" IN NEW JERSEY. THE RESULTS OF THESE ACTIONS ARE
ADDITIONAL POLLUTANTS IN OUR DRINKING WATER, INCREASED BURDENS ON OUR
SEWAGE TREATMENT PLANTS, INCREASED POLLUTION IN OUR RIVERS AND STREAMS,
AND INCREASINGLY HIGHER AMOUNTS OF UNHEALTHY AND EVEN TOXIC CHEMICALS IN
THE AIR WE BREATHE. THIS ADDITIONAL POLLUTION, MUCH OF WHICH COULD HAVE
BEEN PREVENTED, COSTS TAXPAYERS ADDITIONAL MONEY, IRREPARABLY HARMS THE
ENVIRONMENT, AND CREATES COSTS-- BOTH HEALTH AND FINANCIAL-- FOR THE
INDIVIDUALS WHO SUFFER FROM THESE ACTIVITIES. MANY OF US UNKNOWINGLY
SUFFER DUE TO THE TOXICS ENTERING THE FOOD CHAIN. THE TOXIC WASTES
SETTLE ON THE FLOORS OF THE BODIES OF WATER FROM WHICH WE FISH. THE
SEDIMENTS ARE EATEN BY PHYTOPLANKTON, WHICH IN TURN ARE EATEN BY THE
ZOOPLANKTON, WHICH IN TURN ARE CONSUMED BY SMALL FISH.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THE SMALL FISH ARE EATEN BY LARGER ONES AND THEN YOU AND I CONSUME
THE LARGER FISH, BRINGING THE TOXICS INTO YOUR SYSTEM AND AND MINE. NEW
YORK'S COMMISSIONER OF ENVIRONMENTAL CONSERVATION HAD TO BAN THE
CONSUMPTION OF FISH FROM LAKE ONTARIO DUE TO UNHEALTHY AMOUNTS OF MIREX,
A PESTICIDE, BEING PRESENT IN THE FISH. PCB'S IN THE HUDSON IS ANOTHER
PRIME EXAMPLE OF HOW TOXIC WASTES HARM NOT ONLY THE CONSUMER, BUT ALSO
THE PERSON WHO IS TRYING TO EARN A LIVING FROM OUR NATURAL RESOURCES,
WHICH WOULD BE PROTECTED IF WE WOULD ENFORCE OUR LAWS.
THESE ARE JUST A FEW EXAMPLES OF THE TOTAL EXTENT OF THE HARM THAT
HAS BEEN DONE TO OUR ENVIRONMENT, HEALTH AND WELL-BEING.
BY NOT HAVING ISSUED REGULATIONS FOR RCRA, EPA IS CREATING A GAPING
HOLE IN OUR NATIONAL POLICY TO REDUCE THE AMOUNT OF UNCONTROLLABLE
POLLUTANTS IN THE ENVIRONMENT.
CONGRESS HAS PASSED OTHER LANDMARK LEGISLATION, SUCH AS THE CLEAN AIR
ACT; THE CLEAN WATER ACT; THE SAFE DRINKING WATER ACT; THE FEDERAL
INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, THE HAZARDOUS MATERIALS
TRANSPORTATION ACT; AND THE TOXIC SUBSTANCES CONTROL ACT TO CONTROL
TOXIC SUBSTANCES. RCRA IS ONLY ONE LINK IN THE CHAIN OF ENVIRONMENTAL
SAFEGUARDS CONGRESS HAS ENACTED. YET AS WE ALL KNOW, A CHAIN IS ONLY AS
STRONG AS ITS WEAKEST LINK. THUS, WITHOUT FULL IMPLEMENTATION OF RCRA,
THE CHAIN CONGRESS HAS CREATED IS NOT COMPLETE.
YET CONGRESS, TOO, HAS BEEN TAX IN ITS RESPONSIBILITY TO FUND THE
AUTHORIZING LEGISLATION LISTED ABOVE TO ITS FULL EXTENT, AND THUS HAS
HELPED TO CRIPPLE EPA'S IMPLEMENTATION EFFORTS. LET ME JUST OUTLINE
BRIEFLY WHAT EACH OF THESE ACTS DOES, HOW THEY TIE TOGETHER, AND THE
NEED TO FUND THOSE SECTIONS DEALING WITH TOXICS TO MAKE THE CHAIN A
STRONG ONE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT OF 1972,
COMMONLY REFERRED TO AS FIFRA. THIS ACT WAS AMENDED DURING THE 95TH
CONGRESS. FIFRA HELPS TO CONTROL THE ENTRY OF PESTICIDES INTO OUR
WATERWAYS. ALL PESTICIDES IN THE U.S. MUST BE REGISTERED WITH EPA AND
CLASSIFIED BY EPA FOR GENERAL OR RESTRICTED USE. EPA MUST ESTABLISH
PROCEDURES FOR THE STORAGE AND DISPOSAL OF PESTICIDES. PROPER
IMPLEMENTATION OF THIS ACT HELPS TO PREVENT WATER POLLUTION FROM
NON-POINT SOURCES.
THE CLEAN AIR ACTS OF 1970 AND 1977. THESE LAWS PROVIDE FOR THE
PROTECTION AND ENHANCEMENT OF AIR QUALITY THROUGH REGULATION OF
POLLUTANT EMISSIONS AND ESTABLISHMENT OF AIR QUALITY STANDARDS. LEVELS
OF POLLUTANTS, SUCH AS SULFUR OXIDES, PARTICULATES, HYDROCARBONS, CARBON
MONOXIDE,NITROGEN OXIDES, LEAD, ETC., ARE SET FOR AMBIENT AIR STANDARDS.
SECTION 112 COVERS NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTION; THESE POLLUTANTS ARE CONTAINED AT THE SOURCE. ASBESTOS,
BERYLLIUM, MERCURY, AND VINYL CHLORIDE ARE CURRENTLY REGULATED.
ARSENIC, BENZENE, AND OTHERS ARE CURRENTLY UNDER STUDY.
ATMOSPHERIC FALLOUT FROM SUCH EMISSIONS IS NOT RECOGNIZED AS AN
IMPORTANT FACTOR IN WATER POLLUTION. SCIENTISTS ESTIMATE THAT AS MUCH AS
60% OF THE PCB'S IN THE GREAT LAKES COMES FROM THE ATMOSPHERE, POSSIBLY
AS A RESULT OF IMPROPER INCINERATION.
THE HAZARDOUS MATERIALS TRANSPORTATION ACT OF 1974. THIS LAW
REGULATES THE TRANSPORTATION IN COMMERCE OF HAZARDOUS MATERIALS. THE
SECRETARY OF TRANSPORTATION IS GIVEN WIDE LATITUDE IN DEFINING
"HAZARDOUS" UNDER THIS LAW. HOWEVER, IT IS GENERALLY DEFINED AS
FLAMMABLE AND COMBUSTIBLE SOLIDS, LIQUIDS OR GASSES; POISONS;
OXIDIZING OR CORROSIVE MATERIALS; COMPRESSED GASSES; EXPLOSIVES AND
THE LIKE.
THE SECRETARY ISSUES REGULATIONS WHICH APPLY TO THOSE OFFERING
HAZARDOUS MATERIALS FOR TRANSPORT, TO THOSE MANUFACTURING CONTAINERS FOR
USE IN SUCH TRANSPORT, AND TO THE TRENSPORTERS THEMSELVES.
THE COAST GUARD REGULATES MARINE TRANSPORT.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THE SECRETARY IS AUTHORIZED TO ESTABLISH CRITERIA FOR AHNDLING, SUCH
AS NUMBER, QUALIFICATION AND TRAINING OF PERSONNEL; INSEPCTIONS; USE
OF EQUIPMENT; AND MONITORING AND SAFETY PROCEDURES.
THESE LAWS PROVIDE FOR UNIFORM, ENFORCEABLE NATIONAL STANDARDS FOR
CLEAN WATER AND REGULATIONS TO ENFORCE THEM; A NATIONAL PERMIT PROGRAM
FOR POINT-SOURCE DISCHARGES; FEDERAL FUNDS TO CONSTRUCT SEWAGE
TREATMENT SYSTEMS; AND STATE AND AREA-WIDE PLANNING AND MANAGEMENT
PROGRAMS TO ADDRESS NON-POINT SOURCE DISCHARGES.
SECTION 307 REQUIRES EPA TO PUBLISH A LIST OF TOXIC POLLUTANTS FOR
WHICH AN EFFLUENT STANDARD WILL BE ESTABLISHED.
THE CLEAN WATER ACT, AMENDING THE WATER POLLUTION CONTROL ACT OF
1972, HAS SEVERAL SECTIONS CONCERNING TOXICS WHICH I WOULD LIKE TO
DISCUSS WITH YOU FOR A MOMENT.
WHEN I FIRST LEARNED OF THE POTENTIAL HORRORS AT THE LOVE CANAL-- ALL
OF WHICH UNFORTUNATELY PROVED TO BE REAL, NOT JUST POTENTIAL-- I
APPROACHED EPA FOR FUNDING OF THE CLEANUP OF THE CANAL UNDER BOTH RCRA
AND THE CLEAN WATER ACT.
SPECIFICALLY, I DISCUSSED SECTIONS 201, 208, 311, AND 504. I BELIEVE
THAT EACH SECTION, IF IMPLEMENTED IN A CREATIVE MANNER, COULD BE MOST
USEFUL IN SITUATIONS SUCH AS THE LOVE CANAL. LET ME EXPLAIN.
SECTION 201 PROVIDES FOR GRANTS FOR CONSTRUCTION OF WASTEWATER
TREATMENT WORKS. IT IS A $40 BILLION PROGRAM. THE SOLUTION WHICH HAS
BEEN DESIGNED FOR CLEANING UP LOVE CANAL IS A MICRO SEWER SYSTEM.
FRENCH TILE DRAINS ARE BEING LAID SO THE LEACHATE CAN BE COLLECTED. THE
CONTAMINATED WASTES WILL THEN BE FLUSHED THROUGH A PRETREATMENT PLANT
AND EVENTUALLY THROUGH THE MUNICIPAL SEWAGE TREATMENT PLANT. IF EPA
WERE TO RECOGNIZE THE FACT THAT THIS PLAN OF ACTION IS, IN ESSENCE, A
MICRO SEWER SYSTEM, THEN 201 FUNDS COULD BE USED IN THIS INNOVATIVE WAY.
HOWEVER, EPA RESISTED THIS APPROACH FOR USE OF 201 MONEY, STATING THAT
IT IS NOT A "TRADITIONAL" USE OF TESE FUNDS. LOVE CANALS ARE NOT
TRADITIONAL PROBLEMS, AND I THINK EPA SHOULD BE LOOKING FOR INNOVATIVE
USES OF ITS PROGRAMS FOR NEW PROBLEMS AS WELL AS TRADITIONAL ONES.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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SECTION 208 IS THE SECTION OF THE LAW WHICH CALLS FOR STATE AND
AREAWIDE PLANNING AND MANAGEMENT PROGRAMS TO ADDRESS NON-POINT SOURCE
DISCHARGES. IT PROVIDES FOR LOCAL INPUT AND LOCALIZED PLANNING. "208
AGREEMENTS" MUST BE CERTIFIED BY THE GOVERNOR AND NO 201 GRANTS CAN BE
AWARDED WITHOUT THE 208 AGREEMENT IN PLACE. IT MUST BE REVIEWED AND
UPDATED EACH YEAR AS NECESSARY.
I ATTEMPTED TO GET NEW YORK STATE TO AGREE TO USE SOME OF ITS FUNDS
FROM THE 208 PROGRAM FOR PLANNING AT THE LOVE CANAL. THIS WAS ALSO MET
WITH RESISTANCE, HOWEVER, BECAUSE THE PROBLEM WAS NOT INTERPRETED TO BE
WITHIN THE INTENT OF THE LAW. TOXIC CONTAMINATION OF GROUNDWATER AT
MUSKEGON, MICHIGAN, WAS TRACED TO SEEPAGE LAGOONS, BURIED SLUDGES AND
CORRODING WASTE BARRELS AT A CHEMICAL PLANT. NO ONE YET KNEW IF THE
LOVE CANAL PROBLEMS HAD REACHED SUCH EXTREMES BECAUSE DEEP WATER WELLS
HAD NOT YET BEEN DUG BY EITHER THE STATE OR EPA. HOWEVER, IT WOULD SEEM
TO ME THAT THE QUESTION OF WHETHER THERE WAS DEEP WASTER CONTAMINATION,
AND THE PLANNING WHICH WOULD HAVE TO GO HAND IN HAND WITH SUCH A PROGRAM
WOULD FIT UNDER THE INTENT OF SECTION 208. AGAIN, I THINK WE NEED TO
USE MORE CREATIVITY IN THE IMPLEMENTATION OF THE LAWS WE HAVE TO ADDRESS
PROBLEMS OF WHICH WE ARE ONLY NOW BECOMING AWARE.
SECTION 311 PROVIDES FOR THE DESIGNATION OF HAZARDOUS SUBSTANCES
WHICH, WHEN DISCHARGED, PRESENT AN IMMINENT AND SUBSTANTIAL DANGER TO
THE PUBLIC HEALTH OR WELFARE, AND PROVIDES FOR PENALTIES FOR SUCH
DISCHARGES. A NATIONAL CONTINGENCY PLAN IS TO PROVIDE FOR EFFECTIVE
ACTION TO MINIMIZE DAMAGE FROM OIL AND HAZARDOUS DISCHARGES. A
REVOLVING FUND IS AUTHORIZED TO PAY FOR CLEAN UP OF SPILLS OF OIL AND
HAZARDOUS WASTES, WITH EPA'S ADMINISTRATOR GIVEN AUTHORITY TO SEEK TO
RECOVER COSTS FROM POLLUTERS THROUGH THE JUDICIAL PROCESS.
EPA WAS FIVE YEARS LATE IN ISSUING THE REGULATIONS FOR HAZARDOUS
SUBSTANCES UNDER 311. IT WAS AFTER MY URGING THAT THESE REGULATIONS
WERE FINALLY PROMULGATED, IN MARCH OF THIS YEAR. THE REGULATIONS,
HOWEVER, WERE CHALLENGED IN THE COURTS AND DISMISSED BY THE JUDGE, WHO
CALLED THEM ARBITRARY AND CAPRICIOUS. THUS, USE OF SECTION 311 IS ONCE
AGAIN A MOOT POINT. I HOPE EPA WILL NOT TAKE AS LONG THE SECOND TIME AS
IT DID THE FIRST, AND ISSUES A NEW SET OF REGULATIONS IMMEDIATELY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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FINALLY THERE IS SECTION 504 OF THE CLEAN WATER ACT WHICH AUTHORIZES
THE ADMINISTRATOR TO PROVIDE ASSISTANCE IN EMERGENCIES CAUSED BY THE
RELEASE INTO THE ATMOSPHERE OF ANY POLLUTANT OR OTHER CONTAMINANT
INCLUDING, BUT NOT LIMITED TO, THOSE WHICH PRESENT, OR MAY REASONABLY BE
ANTICIPATED TO PRESENT, AN IMMINENT AND SUBSTANTIAL DANGER TO THE PUBLIC
HEALTH OR WELFARE.
THIS SECTION ADDRESSES MOST FITTINGLY SITUATIONS SUCH AS THE LOVE
CANAL. I, ALONG WITH THE ASSISTANCE OF MY SENATE COLLEAGUES FROM NEW
YORK, TRIED TO OBTAIN FUNDING FOR THE CANAL UNDER SECTION 504. BOTH MR.
JAVITS AND MR. MOYNIHAN SPOKE VERY ELOQUENTLY ON THE FLOOR OF THE SENATE
IN BEHALF OF AN AMENDMENT TO THE SUPPLEMENTAL APPROPRIATIONS BILL OF
FISCAL YEAR 1978 IN AN ATTEMPT TO OBTAIN FUNDING FOR THE CLEAN UP OF THE
LOVE CANAL IN ORDER TO ABATE THE HEALTH AND ENVIRONMENTAL EMERGENCY.
HOWEVER, FUNDING UNDER SECTION 504 WAS OBJECTED TO DUE TO A FEAR THAT
FUNDING UNDER SECTION 504 FOR ANY SITUATION WOULD "OPEN THE PROVERBIAL
FLOODGATES" FOR FUNDING FOR ANY SIMILAR SITUATION. I'M NOT SURE THIS
ARGUMENT IS A GOOD ONE WHEN BALANCED AGAINST OUR DUTY TO PROTECT THE
HEALTH AND WELFARE OF OUR CITIZENS WHEN THEY ARE UNABLE TO PROTECT
THEMSELVES WITHOUT OUTSIDE ASSISTANCE. CONGRESS INCLUDED SECTION 504 IN
THE CLEAN WATER ACT OF 1977 FOR SITUATIONS JUST LIKE THE LOVE CANAL.
CONGRESS AUTHORIZED $10 MILLION FOR THIS SECTION AND YET, TO DATE, NOT
ONE PENNY HAS BEEN APPROPRIATED FOR IT. THIS IS ONE AREA IN WHICH IT IS
UP TO THE CONGRESS TO ACT.
THE SAFE DRINKING WATER ACT OF 1974. THIS LAW REQUIRES EPA TO
ESTABLISH REGULATIONS FOR DRINKING WATER APPLICABLE TO PUBLIC WATER
SYSTEMS. THESE APPLY ONLY TO WATER AFTER TREATMENT AND ADDRESS MAXIMUM
CONTAMINANT LEVELS ALLOWED (HEALTH RELATED) AS WELL AS THOSE AFFECTING
TASTE, ODOR, OR APPEARANCE.
TO PROTECT UNDERGROUND SOURCES OF DRINKING WATER, EPA MUST ALSO
DEVELOP REGULATIONS FOR STATE UNDERGROUND INJECTION CONTROL PROGRAMS.
THE ACT GIVES THE STATES PRIMARY ENFORCEMENT RESPONSIBILITY, BUT IF
THEY FAIL TO ACT, EPA MUST ASSUME RESPONSIBILITY.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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VERY LITTLE MONEY IS AVAILABLE UNDER THIS LAW TO THE MUNICIPALITIES
TO BRING THEIR DRINKING WATER SUPPLIES INTO COMPLIANCE WITH FEDERAL
STANDARDS - A FACT WHICH IS NOW CAUSING MANY COMMUNITIES TO SUFFER A
HEAVY FINANCIAL BURDEN. HOWEVER, THE COSTS FOR CLEANING UP OUR DRINKING
WATER SUPPLIES PERHAPS WOULD NOT BE SO HIGH IF THE CLEAN WATER ACT,
CLEAN AIR ACT, AND ALL THE OTHERS WHICH FORM THE CHAIN WERE TO BE
ENFORCED TO THE MAXIMUM EXTENT.
THE TOXIC SUBSTANCES CONTROL ACT OF 1976. THIS LAW GIVES EPA BROAD
DISCRETIONARY AUTHORITY TO CONTROL HAZARDOUS CHEMICAL SUBSTANCES,
EXCLUDING PESTICIDES WHICH ARE COVERED UNDER FIFRA. IT PROVIDES FOR
DIRECT CONTROL OF NEW AND EXISTING CHEMICALS, REQUIRES PREMARKET
SCREENING OF NEW CHEMICALS, AND PROVIDES AUTHORITY TO REQUIRE THE
TESTING OF A CHEMICAL'S TOXICITY.
IF AN UNREASONABLE RISK IS POSED BY A CHEMICAL, THE EPA CAN PROHIBIT
OR LIMIT ITS MANUFACTURE, PROCESSING, DISTRIBUTION, USED AND DISPOSAL
THROUGH ADMINISTRATIVE RULEMAKING.
THE EPA CAN ALSO INITIATE CIVIL ACTION IN A FEDERAL DISTRICT COURT TO
ALLEVIATE ANY IMMINENT HAZARD TO HEALTH OR ENVIRONMENT.
INFORMATION IS NOW BEING GATHERED UNDER TSCA ABOUT THE 70,000
COMMERCIAL CHEMICALS NOW IN USE AND THE POTENTIAL HAZARDS WE MIGHT FACE
FROM ANY ONE OF THEM. THIS ACT WILL HELP US IN THE FUTURE TO CONTROL
TOXICS AT THE SOURCE, WHILE RCRA WILL HELP US CONTROL TOXICS DURING THE
COURSE OF THEIR DISPOSAL.
AS YOU CAN NOTE, EACH OF THESE LAWS FORMS A LINK IN THE CHAIN TO
PROTECT US AGAINST TOXIC SUBSTANCES IN OUR ENVIRONMENT. BUT WITHOUT
IMPLEMENTATION OF RCRA, THE CHAIN FALLS APART. BOTH A NEW LAW AND
CHANGES IN RCRA ARE NEEDED.
BUT TODAY'S HEARINGS SHOULD GO EVEN FARTHER THAN TO DISCUSS THE
OVERSIGHT OF THE PRESENT LAW, FOR RCRA COMES UP FOR REAUTHORIZATION NEXT
YEAR. THUS, WE MUST BE CONCERNED WITH THE FUTURE AS WELL AS THE PAST.
WE MUST ASK OURSELVES IF RCRA WOULD GO FAR ENOUGH TO PROTECT THE
ENVIRONMENT AND CITIZENRY EVEN IF IT WERE FULLY IMPLEMENTED.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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I BELIEVE THERE ARE SOME INHERENT PROBLEMS WITH THE LAW AS IT NOW
WRITTEN AND SOME HOLES IN THE OVERALL APPROACH WE HAVE TAKEN TO THE
COMPENSATION OR LACK OF COMPENSATION OF VICTIMS OF TOXIC POLLUTANTS IN
THE ENVIRONMENT.
I INTRODUCED TWO BILLS INTO CONGRESS DURING THE LAST DAYS OF THE 95TH
SESSION WHICH I HOPE WILL SERVE AS A BASIS FOR DISCUSSION AND BE
INCLUDED IN THE REAUTHORIZATION BILL FOR RCRA.
THE FIRST BILL I INTRODUCED IS INTENDED TO HELP PREVENT HAZARDOUS
SUBSTANCES FROM BEING HANDLED OR DISPOSED IN WAYS THAT THREATEN INJURIES
TO AMERICAN CITIZENS OR TO THE ENVIRONMENT.
MY BILL WILL, I BELIEVE, HELP TO FILL THE GAPS WHICH HAVE BECOME
EVIDENT IN THE RCRA BY AMENDING IT TO: ESTABLISH A PROGRAM FOR THE
IDENTIFICATION AND RECLAMATION OF ABANDONED HAZARDOUS WASTE SITES; SET
FEES TO BE PAID BY PRIVATE ORGANIZATIONS WHICH SOTRE OR DISPOSE OF
HAZARDOUS WASTES; PROVIDE FOR A PROCESS FOR THE SELECTION OF SITES FOR
FUTURE DISPOSAL OF HAZARDOUS WASTES.
MORE SPECIFICALLY, MY BILL STATES THAT A CONCERTED EFFORT MUST BE
MADE TO IDENTIFY ALL ABANDONED LANDFILL SITES THAT DO OR MAY CONTAIN
HAZARDOUS WASTES, AND ONCE THEY ARE IDENTIFIED THEY MUST BE RECLAIMED,
IF FEASIBLE. IF RECLAMATION IS NOT FEASIBLE THEY MUST BE MONITORED TO
ENSURE THAT PUBLIC AND ENVIRONMENTAL HEALTH AND SAFETY ARE NOT
ENDANGERED. MY BILL ESTABLISHES A JOINT STATE/ FEDERAL PROCEDURE FOR
ACCOMPLISHING THESE DIRECTIVES.
ADDITIONALLY, WHEN RCRA WAS PASSED IN 1976, FEW FORESAW THE
WIDESPREAD PUBLIC OPPOSITION TO NEW HAZARDOUS WASTE DISPOSAL SITES WHICH
HAS SWEPT THE NATION. THE GENERAL PUBLIC WAS NOT THEN FULLY AWARE OF
THE LARGE NUMBER OF ABANDONED SITES THROUGHOUT THE COUNTRY, THE
DELETERIOUS EFFECTS THEY WERE HAVTNG ON PEOPLE'S HEALTH AND SAFETY, AND
THEIR DIRE IMPACT ON THE ENVIRONMENT. NO THAT PUBLIC AWARENESS HAS
GROWN, IN PART DUE TO THE LOVE CANAL EMERGENCY, CITIZENS ARE
UNDERSTANDABLY LEERY ABOUT THE DUBIOUS HONOR OF HAVING A NEW SITE
PROPOSED FOR LOCATION IN THEIR BACKYARDS.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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HOWEVER, AS I NOTED EARLIER, THE HAZARDOUS WASTE DISPOSAL SITUATION
IS HERE TO STAY. OUR ADVANCED TECHNOLOGY AND MANUFACTURING PROCESSES
MUST PRODUCE WASTES AS BY-PRODUCTS OF THOSE VERY ACTIVITIES WHICH ALLOW
US TO ENJOY ONE OF THE HIGHEST STANDARDS OF LIVING IN THE WORLD.
THEREFORE, WE MUST CREATE A PROGRAM AND PROCESS FOR LOCATING NEW
FACILITIES FOR THE TREATMENT, STORAGE, AND DISPOSAL OF HAZARDOUS WASTE
MATERIALS IN AS RATIONAL, EFFECTIVE AND EQUITABLE A MANNER AS POSSIBLE.
THAT IS PRECISELY WHAT MY BILL IS INTENDED TO PROVIDE. A PERMIT SYSTEM
WILL BE ESTABLISHED UNDER WHICH PERMITS WILL BE ISSUED ONLY AFTER
ASSURANCES ARE GIVEN ABOUT THE ENVIRONMENTAL SAFETY AND SOUNDNESS OF ANY
NEW FACILITY'S LOCATION. AFFECTED LOCAL RESIDENTS, LOCAL GOVERNMENTS
AND STATES WOULD BE INCLUDED IN THE PROCESS AND MUST BE CONSULTED, AND
PANLES OF SCIENTIFIC EXPERTS WOULD BE FORMED TO HELP ANSWER THE MANY
QUESTIONS THAT ARISE IN SUCH SITUATIONS.
MY BILL ALSO CREATES A PROGRAM FOR THE TERMINATION OF EXISTING OR NEW
HAZARDOUS WASTE DISPOSAL SITES IN A SAFE MANNER. THIS IS MOST
IMPORTANT, FOR IT WILL PROVIDE ASSURANCES TO COMMITTEES SURROUNDING SUCH
SITES THAT THEY WILL NOT CAUSE PROBLEMS IN THE FUTURE SUCH AS THOSE WE
ARE EXPERIENCING AS A RESULT OF PAST LANDFILL SITES BEING ABANDONED AND
IMPROPERLY SEALED.
THE BILL WOULD INITIATE A SYSTEM OF FEES TO BE LEVIED ON PERMIT
HOLDING OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE OR DISPOSAL
FACILITIES. THE FEES WILL BE DEPOSITED INTO A FUND TO BE USED FOR TWO
PURPOSES: 1) THE MAINTENANCE OF NEW OR EXISTING SITES AND 2) THE
MAINTENANCE AND RECLAMATION OF ABANDONED SITES.
HALF OF ALL FEES COLLECTED WILL BE PAID INTO A SPECIAL ACCOUNT AND
USED FOR NEW SITE MAINTENANCE. THE FEES WILL BE SET AT A LEVEL
SUFFICIENT TO ASSURE THAT ALL COSTS FOR MAINTENANCE WILL BE BORNE BY
THIS ACCOUNT, THUS MAKING THIS A PROGRAM FUNDED ENTIRELY BY THE INDUSTRY
WHICH CREATED THE NEED FOR THE PROGRAM IN THE FIRST PLACE. THESE COSTS,
PREVIOUSLY BORNE BY SOCIETY IN GENERAL THROUGH ENVIRONMENTAL AND HEALTH
HAZARDS AND DAMAGES, WILL NOW BE SHIFTED TO THE INDUSTRY THROUGH THIS
USER FEE.
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT
HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION SERIAL
NO. 95-183 4781030
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THE OTHER HALF OF THE FEES WILL BE DEPOSITED INTO A SECOND FUND TO
HELP DEFRAY THE COSTS OF MONITORING AND RECLAIMING ABANDONED SITES. IT
IS ANTICIPATED THAT THE FEES WILL PROVIDE 50% OF THE COSTS; THE
REMAINDER NEEDED FOR THESE PURPOSES WOULD BE PROVIDED THROUGH A
FEDERAL/STATE PROGRAM FUNDED ON A 90-10 BASIS.
MY BILL WOULD ALSO ESTABLISH A PROGRAM AND CONTINGENCY FUND FOR
EMERGENCY ASSISTANCE AND PAYMENT OF COSTS FOR CLEAN UP OPERATIONS IN THE
EVENT THAT ANY POLLUTANT OR CONTAMINANT ASSOCIATED WITH ANY FACILITY FOR
THE TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE PRESENT AN
IMMINENT AND SUBSTANTIAL DANGER TO THE PUBLIC HEALTH AND WELFARE. THIS
PROVISION IS ACCOMPANIED BY THE PROVISION THAT THE GOVERNMENT MAY BRING
ACTION AGAINST OWNERS OR OPERATORS OF FACILITIES WHERE SUCH EMERGENCIES
ARISE TO RECOVER THE COSTS OF THE CLEAN UP OPERATIONS.
THE SECOND BILL I INTRODUCED WAS THE TOXIC POLLUTANT COMPENSATION
ACT, DESIGNED TO PROVIDE RELIEF TO ALL PERSONS INJURED AS A RESULT OF
TOXIC POLLUTANTS IN OUR ENVIRONMENT. ESSENTIALLY THE BILL DISTINGUISHES
AMONG THREE CLASSES OF VICTIMS - THOSE WHO HAVE SUSTAINED THEIR INJURIES
AS A RESULT OF THE FAULT OF THE MANUFACTURER, THOSE VICTIMS WHO
SUSTAINED THEIR INJURIES IN THE COURSE OF THEIR EMPLOYMENT, AND THOSE
VICTIMS WHO SUSTAINED THEIR INJURIES AS A RESULT OF A TOXIC POLLUTANT,
BUT WITHOUT FAULT. WHILE THE BILL TREATS EACH OF THESE THREE CLASSES
SOMEWHAT DIFFERENTLY, IT DOES PROVIDE A CENTRAL THEME: THE
ENVIRONMENTAL PROTECTION AGENCY IS DIRECTED TO STUDY PHYSICAL INJURIES
AND TO DETERMINE WHICH SUCH INJURIES ARE CAUSED BY TOXIC POLLUTANTS. IN
MAKING THIS DETERMINATION, EPA WILL TAKE INTO ACCOUNT THE EXPOSURE TO
THE TOXIC POLLUTANT - BOTH AS TO TIME AND PLACE - NECESSARY TO PRODUCE
THE PHYSICAL INJURY. EPA'S DETERMINATION WILL GREATLY EXPEDITE THE
COMPENSATION PROCESS SINCE THE BILL PROVIDES FOR THE UTILIZATION OF THIS
FINDING IN SUBSEQUENT LEGAL AND/OR ADMINISTRATIVE PROCEEDINGS.
THE MEASURE ALSO PROVIDES FOR THE CREATION OF A COMPENSATION AGENCY.
GENERALLY, THIS AGENCY WILL PAY BENEFITS UP TO $50,000 TO PERSONS (OTHER
THAN EMPLOYEES) WHO HAVE SUSTAINED INJURY AS A RESULT OF TOXIC
POLLUTANTS. THESE BENEFITS WILL BE AVAILABLE REGARDLESS OF WHETHER OR
NOT A MANUFACTURER IS ULTIMATELY DETERMINED TO BE RESPONSIBLE FOR THE
PHYSICAL INJURIES. HOWEVER, IN THE EVENT THAT A MANUFACTURER IS AT
FAULT, EPA WILL BE SUBROGATED TO THE RIGHTS OF THE INJURED PERSON, AND
WILL EITHER SHARE IN ANY RECOVERY HE MAY RECIEVE OR INITIATE ITS OWN
ACTION AGAINST THE PERSON AT FAULT.
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AS I HAVE TRIED TO POINT OUT THROUGHOUT MY TESTIMONY, THERE IS A NEED
FOR A GREATER LEGISLATIVE AND REGULATORY ROLE IN THE CONTROL OF TOXICS
IN THE ENVIRONMENT, ESPECIALLY IN REGARD TO ITS ULTIMATE DISPOSAL. EPA,
AS THE FEDERAL REGULATORY AGENCY AND CONGRESS, AS THE LEGISLATIVE BODY,
HAVE BOTH MORAL AND LEGAL OBLIGATIONS TO THE CITIZENS OF THIS COUNTRY TO
DO EVERYTHING POSSIBLE TO PROTECT THEIR HEALTH, WELFARE AND ENVIRONMENT.
THE ENVIRONMENTAL PROTECTION AGENCY HAS STATED THAT THERE ARE MORE
THAN 25,000 TICKING TIMEBOMBS AROUND THE COUNTRY. DO YOU KNOW IF THERE
ARE ANY IN YOUR BACKYARD, NEIGHBORHOOD OR CONGRESSIONAL DISTRICT?
I KNOW THERE ARE 39 ABANDONED DUMPS IN NIAGARA COUNTY ALONE IN MY
CONGRESSIONAL DISTRICT, MUCH OF THE CONTENTS OF WHICH ARE UNKNOWN. I
KNOW THAT THERE ARE CASES PERTAINING TO ENVIRONMENTAL INCIDENTS IN
DANVILLE, ILLINOIS; AKRON, OHIO; LOWELL, MASSACHUSETTS; AND SEYMOUR,
INDIANA, WHICH THE EPA ENFORCEMENT DIVISIONS CONSIDER TO BE EMERGENCIES.
IF ANOTHER TICKING TIMEBOMB EXPLODES, CAN WE AS FEDERAL OFFICIALS AND
MEMBERS OF CONGRESS SAY THAT WE HAVE ACTED RESPONSIBLY?
BUT MORE IMPORTANTLY, THE CITIZENS OF THIS COUNTRY ENTRUSTED US TO
LEGISLATE AND EPA TO ENFORCE LAWS TO SAFEGUARD THEIR HEALTH AND WELFARE,
AND TO PROTECT THE ENVIRONMENT SO THAT OUR COUNTRY CAN BE A SUITABLE
PLACE IN WHICH SUCCESSIVE GENERATIONS CAN LIVE. CAN WE SAY THAT WE HAVE
DONE ALL WE CAN TO PREVENT ANOTHER ENVIRONMENTAL AND HEALTH TRAGEDY FROM
OCCURING?
THANK YOU FOR ALLOWING ME TO APPEAR BEFORE YOU THIS MORNING.
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MR. GORE. WITH THE TRAGEDY YOU HAVE EXPERIENCED IN YOUR
CONGRESSIONAL DISTRICT, I UNDERSTAND THE AMOUNT OF ATTENTTON YOU WANT TO
DEVOTE TO IT. IT WAS A VERY EXCELLENT STATEMENT. I HAVE READ IT IN ITS
TOTALITY AND IT WILL BE INCLUDED IN TOTALITY IN THE RECORD.
THANK YOU BOTH VERY MUCH FOR HELPING US IN OUR INVESTIGATION INTO
THIS VERY SERIOUS PROBLEM. YOU ARE WELCOME TO JOIN US ON THE DAIS FOR
PARTICIPATING IN QUESTIONS, IF YOU WISH.
OUR NEXT WITNESSES ARE MR. AND MRS. WOODROW STERLING FROM TOONE,
TENN.
IF YOU WOULD COME AND JOIN US AT THE WITNESS TABLE THERE. WOULD YOU
STAND AND BE SWORN, PLEASE. THIS IS A PROCEDURE WE NORMALLY GO THROUGH.
DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH, THE
WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
MR. STERILING. I DO.
MRS. STERLING. I DO.
MR. GORE. WOULD YOU IDENTIFY YOURSELVES TO THE REPORTER.
MR. STERLING. YES. MY NAME IS WOODROW STERLING.
MRS. STERLING. AND I AM CHRISTINE STERLING.
MR. GORE. THANK YOU VERY MUCH. I AM GOING TO ASK OUR COUNSEL, TOM
GREENE, TO GET A LOT OF THE FACTS ON THE RECORD WITH YOU SO WE CAN LAY
OUT THE INCREDIBLE STORY YOU HAVE LIVED THROUGH.
MR. GREENE. THANK YOU, MR. CHAIRMAN.
LET ME DEAL VERY QUICKLY WITH TWO BUSINESS MATTERS FIRST. STAFF WILL
REQUEST PERMISSION TO INTRODUCE DOCUMENTS AS NECESSARY AND APPROPRIATE
IN THE COURSE OF TODAY'S HEARING.
MR. GORE. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. GREENE. SECOND, I WOULD LIKE THE CLERK TO PROVIDE THE STERLINGS
WITH THE PACKET OF DOCUMENTS WHICH WE HAVE PREPARED FOR THEIR REVIEW AND
FOR THE REVIEW OF THE MEMBERS TODAY.
MR. GORE. WITHOUT OBJECTION.
MR. GREENE. THANK YOU, MR. CHAIRMAN.
(TESTIMONY RESUMES ON P. 212.)
(THE DOCUMENTS REFEREED TO FOLLOW).
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VELSICOL TRUCK WITH WASTE DRUMS AT TRENCH. PHOTOGRAPH TAKEN AT THE
VELSICOL PESTICIDE WASTE DUMP; TOONE-TEAGUE ROAD; HARDEMAN COUNTY,
TENNESSEE; TAKEN JUNE 1966
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WASTES ARE DUMPED INTO TRENCH.
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DAMAGED BARRELS RELEASE CONTENTS IN TRENCH.
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WASTES AND DRUMS SURFACE PRIOR TO FILL.
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WASTE DRUMS ARE COVERED WITH SHALLOW LAYER OF EARTH.
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EXHIBIT AA
HARDEMAN COUNTY DUMP SITE . . . DEPRESSION IN EARTH DEVELOPED ABOVE
BURIAL TRENCH.
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/1/ CARCINOGENS OR SUSPECTED CARCINOGENS.
HEPTACHLOR /1/
DIELDRIN /1/
ENDRIN /1/
HEPTACHLOR EXPOSIDE /1/
PENTACHLOROCYCLOPENTADIENE
HEXACLOROBICYCLOHEPTADIENE
CHLORDENE
ISODRIN
ALDRIN /1/
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MICROFORM REFILMED; SEE APPENDICES.
COMES NOW THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC HEALTH, STATE
OF TENNESSEE, EUGENE W. FOWINKLE, M.D., OR HIS DULY AUTHORIZED
REPRESENTATIVE, HENRY JONES, DIRECTOR, DIVISION OF WATER QUALITY
CONTROL, AND THE STATES THAT:
1. VELSICOL CHEMICAL CORPORATION, MEMPHIS, SHELBY COUNTY, TENNESSEE,
OWNS AND HAS POSSESSION OF APPROXIMATELY 242 ACRES OF LAND LOCATED IN
HARDEMAN COUNTY, TENNESSEE. THE DESCRIPTION OF SAID PROPERTY FOUND IN
DEED BOOK C-4, PAGE 417, COUNTY REGISTRAR, BOLIVAR, HARDEMAN COUNTY,
TENNESSEE, IS AS FOLLOWS:
BEGINNING AT A POINT IN THE TOONE AND TEAGUE PUBLIC ROAD SOUTH 55 1/4
DEGREES WEST 56 LINKS FROM ONE HICKORY POINTER AND SOUTH 31 DEGREES EAST
32 1/2 FROM ANOTHER HICKORY POINTER, NORTH 37 1/2 DEGREES EAST
(VARIATION FOR HILLHOUSE 65 ACRES ALONG THIS ROAD IS ABOUT 4 1/2 DEGREES
EAST IN 1915 AND FOR ALL OTHER LINES OF THIS BRADFORD TRACT ALONG ROAD
WAS 3-3/4 DEGREES EAST IN 1915) 11 POLES TO THE POINT IN ROAD, WHITE OAK
POINTERS, NORTH 17 1/2 DEGREES EAST 40 POLES TO A STAKE ON THE WEST
MARGIN OF ROAD; NORTH 12-3/4 DEGREES EAST 20.9 POLES TO A DOUBLE WHITE
OAK, THE CORNER ABSOLUTE ON WEST MARGIN OF SIAD TOONE AND TEAGUE ROAD,
THE SOUTHEAST CORNER OF A 65 ACRE TRACT CONVEYED BY GEO. BRADFORD TO
JACK WILLOUGHBY; HENCE WITH THE SAME AS BEFORE NAMED NORTH 16 DEGREES
EAST 50 1/2 POLES TO A POINT IN ROAD; NORTH 26 DEGREES EAST 12 POLES TO
THE POINT IN ROAD; NORTH 18 DEGREES WEST CUTTING ACROSS AN ABRUPT BEND
OF ROAD 36 POLES TO A POINT IN THE WEST MARGIN OF ROAD, FORMERLY A
DOUBLE RED OAK; NORTH AGAIN CUTTING ACROSS BEND OF ROAD 33 POLES TO A
POINT IN SAID ROAD WITH A CRAB APPLE POINTER, ALSO A PERSIMMON POINTER
STANDING SOUTH 30 1/4 DEGREES WEST 32 LINKS FROM THE CORNER; THENCE
LEAVING SAID HILLHOUSE'S NORTHEAST CORNER ABOUT FOLLOWING SAID ROAD
NORTH 36 DEGREES WEST 44 POLES TO A POINT ON THE WEST MARGIN OF SAID
ROAD; NORTH 11-3/4 DEGREES WEST 36 POLES TO A POINTER ON EAST MARGIN OF
SAID ROAD; NORTH 28 1/2 DEGREES WEST 26 POLES TO A STAKE ON NORTH SIDE
OF SAID ROAD, SOUTH 21/2 DEGREES WEST 31 1/2 LINKS FROM A DOUBLE
SASSAFRAS ON NORTHWEST CORNER OF FIELD; NORTH 62 DEGREES EAST 24.6
POLES TO A STAKE ON EAST MARGIN OF SAID ROAD; NORTH 9-3/4 DEGREES EAST
23-1/3 POLES TO A STAKE IN NEAR CENTER OF SAID ROAD; NORTH 36 DEGREES
WEST 15 1/2 LINKS FROM A BLACK OAK POINTER, AND SOUTH 56 1/4 DEGREES
EAST 20 LINKS FROM A SMALL DOUBLE SWEET GUM POINTER ON THE SOUTH
BOUNDARY OF WILLIAM J.RHODES LAND; THENCE WITH THE SAME EAST (V. 3-3/4
DEGREES EAST IN 1908) 84.6 POLES TO A STAKE WITH POST OAK AND DOGWOOD
POINTERS, THE NORTHEAST CORNER OF A 192 1/2 ACRE TRACT GRANTED TO W.D.
RUFFIN DEC. 1, 1951 AND ON THE WEST BOUNDARY OF ENTRY NO. 339 FOR 142
ACRES IN THE NAME OF J. B. MILLER; THENCE WITH THE WEST LINE OF A 17
ACRE TRACT SOLD BY WILLIAM J. RHODES TO GEO. L. BRADFORD, NORTH 2
DEGREES EAST (V. 3-3/4 DEGREES EAST IN 1915) 12.6 POLES TO A WHITE OAK
WITH DOGWOOD POINTERS, THE NORTHWEST CORNER OF THE SAME; THENCE NORTH
65 1/2 DEGREES EAST 30.3 POLES TO A STAKE WITH BLACK GUM AND DOGWOOD
POINTERS, THE NORTHEAST CORNER OF SAID 17 ACRES; THENCE EAST 43.4 POLES
TO A STAKE WITH TWO BLACK GUM POINTERS ON THE RIGHT-OF-WAY OF THE
I.C.R.R.; THENCE WITH THE SAME SOUTH 1 1/2 DEGREES EAST 54.7 POLES;
SOUTH 2 1/2 DEGREES WEST 16 POLES; SOUTH 10-3/4 DEGREES WEST 40 POLES;
SOUTH 12-1/8 DEGREES WEST 34 POLES; SOUTH 7 1/4 DEGREES WEST 72 POLES;
SOUTH 21 1/2 DEGREES WEST 56 POLES; SOUTH 15 DEGREES WEST 19 POLES;
SOUTH 7-1/8 DEGREES WEST 12 POLES; SOUTH 4 1/2 DEGREES WEST 80.16 POLES
TO A STAKE ON SAID RIGHT-OF-WAY LINE WITH A BLACK OAK STUMP POINTERS,
THE NORTHWEST CORNER OF B. N. HILLHOUSE'S LAND; THENCE WITH THE SAME
WEST (V.4 DEGREES EAST IN 1915) 102.6 POLES TO THE BEGINNING, AND BEING
THE SAME TRACT OF LAND CONVEYED TO BOND BROS. AND HOWARD POWELL BY J.B.
BRADFORD BY DEED RECEIVED IN DEED BOOK L-3, PAGE 133, AND SAID LAND
BEING CONVEYED BY BOND BROS. AND HOWARD POWELL TO CHAS. G. FRADY.
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AND BEING THE SAME REAL ESTATE CONVEYED TO WILSON G. KEYES
BY WARRANTY DEED DATED THE 9TH DAY OF JULY, 1964, AND RECORDED
IN BOOK C-4, AT PAGE 377, IN THE OFFICE OF THE REGISTER OF
HARDEMAN COUNTY, TENNESSEE.
MICROFORM REFILMED; SEE APPENDICES.
VELSICOL CHEMICAL CORPORATION USES SAID PROPERTY AS A BURIAL GROUND
FOR RESIDUES, BY-PRODUCTS AND SOLID WASTE MATERIALS FROM THE PRODUCTION
OF CHLORINATED HYDROCARBON PESTICIDES AT ITS PLANT IN MEMPHIS, SHELBY
COUNTRY, TENNESSEE.
VELSICOL CHEMICAL CORPORATION HAS BEEN USING THE PROPERTY DESCRIBED
IN PARAGRAPH 1, AS A DUMP FOR APPROXIMATELY SEVEN (7) YEARS. THE
COMPANY TRANSPORTS BY TRUCK THE AFOREMENTIONED SUBSTANCE, CONTAINED IN
59 GALLON DRUMS, FROM MEMPHIS, TENNESSEE, SO SAID PROPERTY IN HARDEMAN
COUNTY, AND DEPOSITED.
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THERE IS IN THE GROUND NOW, APPROXIMATELY ONE QUARTER MILLION, 55
GALLON DRUMS OF RESIDUES. IN MANY INSTANCES, THE DRUMS BURST UPON
IMPACT WITH THE GROUND, SPILLING THEIR CONTENTS INTO THE SOIL. NO CARE
IS TAKEN TO INSURE AGAINST BURSTING DRUMS AND THE TRENCHES ARE NOT LINED
WITH ANY IMPERMEABLE MATERIAL TO PREVENT THESE CHLORINATED HYDROCARBON
COMPOUNDS FROM LEACHING INTO THE SOIL.
3. THE AFOREMENTIONED SUBSTANCES BEING BURIED AT THE HARDEMAN COUNTY
DUMP SITE CONTAIN SIGNIFICANT PERCENTAGES OF CHLORINATED HYDROCARBONS.
THE DANGERS PRESENTED BY THESE COMPOUNDS ARE DIRECTLY RELATED TO THEIR
HIGH TOXICITY, AND PERSISTENT TOXICITY OVER LONG PERIODS TIME. AMONG
THE COMPOUNDS FOUND AT THE DUMP ARE ENDRIN, DIELDRIN, ALDRIN,
HEPTACHLOR, ISODRIN, HEXACHLOROCYCLOPENTADIENE, AND
HECACHLOROBICYCLOHEPTADIENE. THE CHARACTERISTICS OF THESE COMPOUNDS
WHICH CREATE A DANGER TO BOTH MAN AND THE ENVIRONMENT INCLUDE EXTREME
TOXICITY EVER LONG PERIODS OF TIME, INDICATING VERY SLOW DEGRADATION;
NEAR INSOLUBILITY IN WATER WITH THE TENDENCY TO CLING OR ADHERE TO
PARTICULATE MATTER; AND THE ABILITY TO ACCUMULATE IN THE FATTY TISSUES
OF MOST ANIMALS AND TO BE ABSORBED BY VEGETABLE CROPS FROM CONTAMINATED
SOIL, THEREBY, ENTERING MAN'S FOOD CHAIN.
4. IN 1966 AND 1967, THE UNITED STATES GEOLOGICAL SERVICE (U.S.G.S.)
CONDUCTED AN INDEPTH SURVEY OF A PORTION OF THE AREA USED BY VELSICOL AS
A DUMP. THE NORTHERN SECTION OF THE PROPERTY WAS FIRST USED BY VELSICOL
AND CONTAINS ALMOST ALL THE WASTES. THIS NORTHERN AREA COMPRISED MOST
OF THE SURVEY AS SHOWN IN FIGURE 1, ATTACHED TO THIS COMPLAINT. FIGURE
4, ATTACHED TO THIS COMPLAINT, SETS FORTH THE POSITION OF THE WASTES IN
RELATION TO GROUND WATER. SEE ALSO FIGURE 5, ATTACHED HERETO.
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MICROFORM REFILMED; SEE APPENDICES.
AND FLOWS NORTHEAST, DISCHARGING TO PUGH CREEK AND ITS TRIBUTORY OF THE
NORTH END OF THE DUMP. BELOW THE LOCAL AQUIFER IS AN ARTESIAN AQUIFER
WHICH SLOPES AND FLOWS WESTWARD. THIS AQUIFER IS USED AS A WATER SUPPLY
BY MANY WEST TENNESSEE CITIES, INCLUDING MEMPHIS.
5. THE FINDINGS OF THE U.S.C.S. SURVEY ARE BEST UNDERSTOOD BY
REFERRING TO FIGURES 2, 3, AND 4 ATTACHED HERETO. U.S.G.S. FOUND THAT
SURFACE AND GROUND CONTAMINATION HAD ALREADY TAKEN PLACE; AND THAT
CONTAMINATION OF THE PERCHED ZONE HAD TAKEN PLACE, AND HAD ALMOST
REACHED THE LOCAL AQUIFER. U.S.G.S. CONCLUDED: "THE CONTAMINATES THAT
ARE ENTRAINED IN THE FLOW SYSTEMS OF THE PERCHED WATER ZONE AND THE
WATER TABLE AQUIFER WILL MOVE LATERALLY TOWARD THE DISCHARGING BOUNDRIES
OF THOSE GROUNDWATER BODIES."
6. WITH THE EXTENSION OF THE BURYING OPERATIONS TO THE MIDDLE AND
NORTHERN PORTIONS OF THE PROPERTY, TWO MAJOR HAZARDS HAVE DEVELOPED.
THE FIRST IS THAT THE UNDERGROUND CONDITIONS AND GROUNDWATER MOVEMENT
DIRECTIONS ARE NOT KNOWN IN THESE AREAS. CONTAMINATED GROUNDWATER COULD
MOVE WESTWARD AND CONTACT WATER SUPPLIES. THE SECOND DANGER IS
PRESENTED BY THE PROXIMITY OF THE SOUTHERN BOUNDARY OF THE DUMP TO THE
HEADWATERS OF A STREAM WHICH FLOWS SOUTHWEST THROUGH THE TOWN OF TOONE,
TENNESSEE. SEE FIGURE 5. THIS FACTOR IS SIGNIFICANT BECAUSE THIS
STREAM PROBABLY SERVES AS A RECHARGE FOR THE GROUNDWATER SUPPLY USED BY
TOONE. THEREFORE, EXPANDED BUYING ACTIVITIES MEANS: (1) AN INCREASE IN
THE AMOUNT OF POTENTIAL CONTAMINATES; (2) INCREASED HAZARD FOR LOCAL
WATER SUPPLIES NEAR THE DUMP AND (3) A POSSIBLE HAZARD TO THE WATER
SUPPLY OF TONNE, TENNESSEE.
7. FINALLY, THE IMMEDIATE DANGERS OF THESE CHLORINATED HYDROCARBON
COMPOUNDS, AS SET FORTH IN PARAGRAPH THREE (3), WHEN BURIED, ARE
DIRECTLY RELATED TO TWO CHARACTERISTICS; (1) PERSISTANCE OF HIGH
TOXICITY; AND (2) INSOLUBILITY IN WATER. IT IS COMMON SCIENTIFIC
KNOWLEDGE THAT CHLORINATED HYDROCARBONS REMAIN TOXIC FOR LONG PERIODS OF
TIME.
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THIS IS THE QUALITY THAT MAKES THEM DESIRABLE AS INSECTICIDES. THE
TIME NEEDED FOR COMPLETE DEGRADATION OF THE COMPOUNDS BURIED IN HARDEMAN
COUNTY BY VELSICOL IS UNKOWN, EVEN BY THE COMPANY; BUT IT IS KNOWN THAT
THE EXTREMELY SLOW DEGRADATION AFFORDED BY THE SURFACE AND AQUATIC
ENVIRONMENT IS NOT AVAILABLE TO BURIED WASTES, AND THE BREAKDOWN OF SOME
CHLORINATED HYDROCARBONS CREATES BY-PRODUCTS THAT ARE AS TOXIC, IF NOT
MORE TOXIC, THAN THE ORIGINAL COMPOUND. THE MOVEMENT OF THESE COMPOUNDS
INTO THE SURFACE ENVIRONMENT WOULD NOT MEAN THEIR DISAPPEARANCE. IN
ADDITION, THE COMPOUND'S INSOLUBILITY AND CLINGING CHARACTERISTIC CAN
ONLY MEAN THAT WATER CAN BE, AND IS, A MEDIUM BY WHICH CONTAMINATED
PARTICULATE MATTER IS MOVED. THERE IS EVERY REASON TO BELIEVE THAT THE
CONTINUOUS ACTION OF WATER MOVING THROUGH THE CONTAMINATED SUBSURFACE
ZONES OF VELSICOL'S DUMP IN HARDEMAN COUNTY WOULD SLOWLY MOVE THE
CONTAMINATES ALONG ITS PATH.
8. THE EXISTENCE OF A PESTICIDE DUMP IN AN AREA USING GROUNDWATER
SUPPLIES, AND LOCATED CLOSE TO THE HEADWATERS OF THE HATCHIE RIVER,
HARDEMAN COUNTY, PRESENTS GRAVE RISKS TO WATER QUALITY. THE CONCLUSION
REACHED BY U.S.G.S. AFTER ITS 1966-67 STUDY IS:
"IN VIEW OF THE SEVERITY OF THE RISKS INVOLVED, IT MUST BE ASSUMED
THAT ANY GROUNDWATER ORIGINATING IN OR PASSING THROUGH THE CONTAMINATED
ZONE IS SUSCEPTIBLE TO CONTAMINATION AND THEREFORE BECOMES A SERIOUS
THREAT TO ANY WATER SUPPLIES DOWNGRADIENT FROM THE DISPOSAL AREA."
FOR THE REASONS STATED IN THE FOREGOING SEVEN (7) PARAGRAPHS, AND
WITH THE KNOWLEDGE THAT THE AFOREMENTIONED CONTAMINATES ARE BURIED AND
ARE BEING BURIED IN SUCH CLOSE PROXIMITY WITH SUBSURFACE WATERS THAT
THEY WILL LIKELY CAUSE POLLUTION OF SUCH WATERS, AND FURTHER, WITH THE
KNOWLEDGE THAT IF SUCH POLLUTION OCCURS, THE HARM DONE TO SAID WATERS
WILL BE IRREPAIRABLE AND IRRETRACTABLE, IT IS CONCLUDED THAT THE BURYING
OF CHLORINATED HYDROCARBON COMPOUNDS AND ANY OTHER CONTAMINATED
SUBSTANCES ON THE PROPERTY DESCRIBED IN PARAGRAPH ONE (1) IS A VIOLATION
OF T.C.A. SECTION 70-336 OF CHAPTER 164 OF THE PUBLIC ACTS OF 1971.
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MICROFORM REFILMED; SEE APPENDICES.
9. IN ADDITION TO THE FOREGOING DATA, THE DEPARTMENT OF PUBLIC
HEALTH, DIVISION OF WATER QUALITY CONTROL HAS BEEN MADE AWARE OF
FEASIBLE, ALTERNATE METHODS OF DISPOSAL OF CHLORINATED HYDROCARBON
COMPOUNDS. THE DIVISION HAS HAD COMMUNICATIONS WITH THE CANADIAN
DEFENSE RESEARCH ESTABLISHMENT, SUSSIFVILLE-RALSTON, ALBERTA, CANADA,
AND DOW CHEMICAL CORPORATION, NIDLAND, MICHIGAN, BOTH OF WHICH PRESENTLY
INCINERATE SOLID AND LIQUID PESTICIDE AND INSECTICIDE RESIDUES. IN
ADDITION, THE DIVISION IS AWARE THAT DR. FRED SCHUMAN, PROFESSOR,
MISSISSIPPI STATE UNIVERSITY, STARKVILLE, MISSISSIPPI, IS CONDUCTING A
STUDY ON INCINERATION OF PESTICIDES WITH THE AID OF A USDA GRANT. DR.
SCHUMAN HAS ALREADY PUBLISHED SOME REPORTS, COPIES OF WHICH ARE FILED IN
THE DIVISION OF WATER QUALITY CONTROL, AND WITH DR. WARREN C. SHAW,
ASSOCIATE DIRECTOR, PLANT INDUSTRIES STATION, UNITED STATES DEPARTMENT
OF AGRICULTURE, BETTSVILLE, MARYLAND. COMMUNICATIONS WITH THESE
PARTIES, AND THE MICHIGAN WATER QUALITY CONTROL DIVISION, REVEALS THAT
INCINERATION DOES BREAK DOWN CHLORINATED HYDROCARBONS TO ACCEPTABLE
ELEMENTS.
THEREFORE, PURSUANT TO THE AUTHORITY GRANTED ME AS COMMISSIONER OF
PUBLIC HEALTH, OR TO MY DULY AUTHORIZED REPRESENTATIVE, IN TENNESSEE
CODE ANNOTATED SECTION 70-331, AND IN CONSIDERATION OF (1) THE HAZARDOUS
NATURE OF THE SUBSTANCES BURIED AND BEING ON THE PROPERTY DESCRIBED IN
PARAGRAPH 1 ABOVE, OWNED BY VELSICOL CHEMICAL CORPORATION, HARDEMAN
COUNTY; (2) THE IMMEDIATE AND POTENTIAL ENVIRONMENTAL CONTAMINATION OF
SOIL AND WATER PRESENTED BY THESE SUBSTANCES; (3) THE LACK OF ADEQUATE
INFORMATION CONCERNING THE TIME AND CONDITIONS NECESSARY FOR THE
REDUCTION OF THE TOXICITY OF THESE SUBSTANCES WHEN BURIED; AND (4) THE
ACKNOWLEDGED AVAILABILITY OF AN ALTERNATE AND MORE ACCEPTABLE METHOD OF
DISPOSAL OF CONTAMINANTS, I ORDER VELSICOL CHEMICAL CORPORATION,
MEMPHIS, TENNESSEE, ARE MR. WILLIAM ANTHONY, PLANT MANAGER, TO TAKE THE
FOLLOWING ACTION.
(A) ON OR PRIOR TO JUNE 19, 1972, SUBMIT TO THE TENNESSEE DEPARTMENT
OF PUBLIC HEALTH, AN ENGINEERING REPORT DETAILING A METHOD TO INCINERATE
ALL CHLORINATED HYDROCARBON COMPOUNDS AND OTHER CONTAMINATED SUBSTANCES
PRODUCED BY VELSICOL CHEMICAL CORPORATION.
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FOLLOWING ACTION:
(A) ON OR PRIOR TO JUNE 19, 1972, SUBMIT TO THE TENNESSEE DEPARTMENT
OF PUBLIC HEALTH, AN ENGINEERING REPORT DETAILING A METHOD TO INCINERATE
ALL CHLORINATED HYDROCARBON COMPOUNDS AND OTHER CONTAMINATED SUBSTANCES
PRODUCED BY VELSICOL CHEMICAL CORPORATION.
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SAID ENGINEERING REPORT MUST TAKE INTO CONSIDERATION AIR POLLUTION
PROBLEMS ASSOCIATED WITH INCINERATION, AND PROVIDE FOR HEAT AT
TEMPERATURES SUFFICIENT TO REDUCE SAID COMPOUNDS TO ACCEPTABLE ELEMENTS.
THE ENGINEERING REPORT MUST ALSO PROVIDE FOR A REASONABLE TIME SCHEDULE
FOR DESIGN, INSTALLATION AND OPERATION OF SAID INCINERATION DEVICE
INCLUDING A MEANS OF STORING SAID RESIDUE COMPOUNDS UNTIL INCINERATION
BECOMES OPERATIONAL.
(B) ON OR PRIOR TO AUGUST 21, 1972, CEASE ALL BURYING OPERATIONS ON
THE PROPERTY LOCATED IN HARDEMAN COUNTY, TENNESSEE, DESCRIBED IN
PARAGRAPH 1 ABOUVE, WITH THE SOLE EXCEPTION THAT NON-TOXIC AND/OR
NON-CONTAMINATE MATERIAL MAY BE BURIED AT SAID SITE IN HARDEMAN COUNTY,
UPON APPLICATION TO, AND EXPRESSED, WRITTEN PERMISSION FROM THE
COMMISSIONER OF THE DEPARTMENT OF PUBLIC HEALTH, AND IN COMPLIANCE WITH
T.C.A. SECTION 53-4301 ET SEQ.
ISSUED IN THE OFFICE OF THE TENNESSEE WATER QUALITY CONTROL DIVISION,
WORD OMITTED DEPARTMENT OF PUBLIC HEALTH, NASHVILLE, TENNESSEE, ON THIS
THE TWENTY-FIRST DAY OF FEBRUARY, 1972.
EUGENE W. FOWINKLE, M.D., COMMISSIONER TENNESSEE DEPARTMENT OF PUBLIC
HEALTH
S. LEARY JONES, DIRECTOR DIVISION OF WATER QUALITY CONTROL.
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FIG. 5 VELSICOL DUMP LOCATION MAP
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FIG. 2 ARCAL EXTENT SYMBOL OMITTED OF PERCHED WATER ZONE THAT IS
SUSCEPTIBLE TO CONTAMINATION-- AS OF TIME OF U.S.G.S. REPORT (1966).
FIGURE OMITTED
FIG. 3 ARCAL EXTENT OF WATER TALBE AQUIFER THAT IS SUSCEPTIBLE TO
CONTAMINATION AS OF TIME OF U.S.G.S. REPORT (1966). ARROW INDICATES
DIRECTION OF GRADIENT.
FIGURE OMITTED
FIG. 4 CROSS SECTION OF NORTHERN AREA OF DUMP LOOKING NORTH.
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FIG. 1 VELSICOL DUMP AREA 1" = 1.3 MILES
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SAMPLING FREQUENCY PRIVATE WELLS - TOONE TEAGUE AREA HARDEMAN COUNTY,
TENNESSEE
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RESULTS OF QUANTITATIVE ANALYSIES OF PRIVATE WELLS IN TOONE-TEAGUE
COMMUNITY HARDEMAN COUNTY, TENNESSEE (PARTS PER BILLION)
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DATE: OCTOBER 30, 1978
TO: THE MEMBERS OF THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
FROM: SUBCOMMITTEE STAFF
SUBJECT: CHEMICALS FOUND IN THE STERLINGS' DRINKING WATER (TOONE,
TENNESSEE)
WATER SAMPLES OBTAINED FROM WOODROW STERLING'S WELL AND TAP INDICATE
THAT AT LEAST SIX SUSPECTED CARCINOGENS ARE IN THIS FAMILY'S DRINKING
WATER. (SEE ATTACHMENT) ONE OF THE SUSPECTED CARCINOGENS, CARBON
TETRACHLORIDE, WAS FOUND IN CONCENTRATIONS APPROXIMATELY 2400 TIMES THE
MAXIMUM DAILY EXPOSURE SUGGESTED BY THE NATIONAL INSTITUTE FOR
OCCUPATION SAFETY AND HEALTH (NIOSH) AS SAFE FOR WORKERS.
CARBON TETRACHLORIDE IS ACUTELY TOXIC AND IS READILY ABSORBED IN THE
BODY (SEE, THE SUBCOMMITTEE'S REPORT ENTITLED "CARBON TETRACHLORIDE
CONTAMINATION OF PUBLIC DRINKING WATER" PP. 14-15). SOME SCIENTISTS
BELIEVE CHRONIC AND SUBCHRONIC INGESTION OR INHALATION TO IT MAY CAUSE A
VARIETY OF AILMENTS, INCLUDING KIDNEY, LIVER, LUNG AND CENTRAL NERVOUS
SYSTEM DAMAGE.
THE ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS BEEN MOST CONCERNED
ABOUT THE PRESENCE OF CARBON TETRACHLORIDE IN DRINKING WATER. IN
FEBRUARY OF 1976, EPA FOUND CONCENTRATIONS OF CARBON TETRACHLORIDE IN
DRINKING WATER DRAWN FROM THE OHIO RIVER OF LESS THAN 100 PARTS PER
BILLION (PPB). THE AGENCY IMMEDIATELY CAUTIONED THE PUBLIC ALONG THE
OHIO RIVER NOT TO DRINK THE WATER WITHOUT BOILING IT. FIRST THE LEVEL
OF CARBON TETRACHLORIDE FOUND IN THE STERLINGS' WELL IS AT LEAST 48
TIMES THE LEVEL FOUND IN CINCINNATI'S DRINKING WATER DURING THE PERIOD
WARNINGS WERE IN EFFECT.
IN ADDITION TO CARBON TETRACHLORIDE, EPA AND THE STATE OF TENNESSEE
IDENTIFIED CHLOROFORM, BENZENE, AND THE PESTICIDES HEPTACHLOR AND
CHLORDANE IN THE DRINKING WATER. ALL OF THESE CHEMICALS ARE SUSPECTED
CARCINOGENS. OTHER COMPOUNDS FOUND IN THE STERLINGS' WELL WATER INCLUDE
CHLOROBENZENE WHICH IS SUSPECTED OF CAUSING CENTRAL NERVOUS SYSTEM
DEPRESSION AND NARCOSIS AT HIGH LEVELS.
LITTLE TOXICOLOGY IS AVAILABLE ON MOST OF THE CHEMICALS FOUND IN THE
STERLINGS' WELL. HOWEVER, WE DO KNOW THAT MANY OF THESE POTENTIALLY
DANGEROUS COMPOUNDS CAN BE ABSORBED THROUGH THE SKIN. SINCE THE
STERLINGS ARE STILL BATHING IN THIS WATER, THEY CONTINUE TO BE EXPOSED
TO POTENTIAL ADVERSE HEALTH EFFECTS.
SINCE VERY LITTLE IS KNOWN ABOUT THE CHRONIC AND SUBCHRONIC EFFECTS
OF INGESTION, ABSORPTION OR INHALATION AT THESE LEVELS OF THESE ORGANIC
CHEMICALS, HEALTH STUDIES OF THE POPULATION EXPOSED ARE ESSENTIAL.
TESTS FOR ORGANIC CHEMICALS IN BLOOD, FATTY TISSUE AND MOTHERS MILK ARE
READILY AVAILABLE. ALTHOUGH THE STERLINGS HAVE BOLUNTEERED TO GO
THROUGH COMPLETE HEALTH EXAMINATIONS INCLUDING THESE TESTS, EPA HAS MADE
NO PLANS TO CONDUCT SUCH EXAMINATIONS. QUESTIONS CONCERNING THE
POTENTIAL ADVERSE EFFECTS OF CONSUMING THESE CHEMICALS CANNOT BEGIN TO
BE EXAMINED PROPERLY UNTIL HEALTH EFFECTS RESEARCH IS CONDUCTED.
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RESULTS OF QUANTITIATIVE ANALYSES OF PRIVATE WELLS IN TOONE-TEAGUE
COMMUNITY HARDEMAN COUNTY, TENNESSEE (PARTS PER BILLION)
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DATA REPORTING SHEET
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UNITED STATES DEPARTMENT OF THE INTERIOR
BY D. R. RIMA, E. BROWN, D. F. GOERLITZ, AND L. M. LAW WATER
RESOURCES DIVISION
ADMINISTRATIVE REPORT TO THE FEDERAL WATER POLLUTION CONTROL
ADMINISTRATION
AUGUST 1967.
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ILLUSTRATIONS
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BY
D. R. RIMA, E. BROWN, D. F. GOERLITZ, AND L. M. LAW
IN OCTOBER 1964, THE VELSICOL CHEMICAL CORPORATION BEGAN DISPOSING OF
TOXIC WASTE MATERIALS FROM THE MANUFACTURE OF CERTAIN CHLORINATED
HYDROCARBONS (PESTICIDES) BY SHALLOW BURIAL AT A SITE IN NORTHEASTERN
HARDEMAN COUNTY, TENNESSEE. UPON LEARNING OF THIS ACTIVITY, PUBLIC
HEALTH OFFICIALS BECAME GRAVELY CONCERNED ABOUT THE POTENTIAL HEALTH
HAZARD OWING TO THE TOXIC NATURE OF THE WASTES. PARTICULAR CONCERN WAS
EXPRESSED BY HEALTH OFFICIALS OVER THE POSSIBILITY THAT THESE TOXIC
WASTES MIGHT CONTAMINATE, AND THUS RENDER USELESS, LOCAL AND TIGUOUS
WATER SUPPLIES. THE COMPANY, ON THE OTHER HAND, EXPRESSED THE OPINION
THAT AHALLOW BURIAL OF TOXIC WASTES WAS A TIME-HONORED PRACTICE AND IT
DID NOT POSE ANY REAL OR IMMEDIATE HAZARD OF PUBLIC HEALTH.
IN ORDER TO RESOLVE THIS QUESTION, THE FEDERAL WATER POLLUTION
CONTROL ADMINISTRATION REQUESTED THE U.S. GEOLOGICAL SURVEY TO
INVESTIGATE THE DISPOSAL SITE AND DETERMINE THE SUSCEPTIBILITY OF
CONTAMINATION OF THE HYDROLOGIC ENVIRONMENT RESULTING FROM THE SHALLOW
BURIAL OF PESTICIDE WASTES. CONCERN ABOUT CONTAMINATION IN THE
HYDROLOGIC ENVIRONMENT CENTERED ON FOUR PERTINENT QUESTIONS. ANSWERES
TO THESE QUESTIONS ARE SUMMARIZED IN THE CONCLUSIONS WHICH FOLLOW.
ENVIRONMENT FROM DISPOSAL PITS; IF SO, WHAT
POSTION IS NOW CONTAMINATED AND TO WHAT
DEGREE?
THE ANALYTICAL RESULTS SHOW CLEARLY THAT THE SHALLOW BURIAL OF
PESTICIDE WASTES IN HARDEMAN COUNTY HAS CONTAMINATED PORTIONS OF BOTH
THE SURFACE AND SUBSURFACE ENVIRONMENT AT THE DISPOSAL SITE. EVIDENCE
OF CONTAMINATION OF THE SURFACE ENVIRONMENT WAS FOUND IN SAMPLES OF THE
SURFACE SOIL AT THE DISPOSAL SITE, IN SAMPLES OF SEDIMENT WASHOFF FROM
THE DISPOSAL SITE, AND IN SAMPLES OF THE BEDLOAD IN PUGH CREEK AS FAR AS
1 1/2 MILES DOWNSTREAM FROM THE SITE. ON THE OTHER HAND, THE WATER
PORTION OF SAMPLES FROM PUGH CREEK DID NOT CONTAIN ANY DETECTABLE
AMOUNTS OF CHLORINATED HYDROCARBONS.
THE DEGREE OF CONTAMINATION OF THE SURFACE ENVIRONMENT IS INDICATED
BY THE FOLLOWING TABLE WHICH COMPARES THE ANALYSIS OF PLANT WASTE WITH
THE MAXIMUM REPORTED ONCENTRATIONS OF PESTICIDE MATERIALS IN SAMPLES
FROM VARIOUS SAMPLING SITES.
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MAXIMUM VALUE REPORTED IN ANALYTICAL RESULTS OF SOIL AND SEDIMENT
SAMPLES (RESULTS IN MICROGRAMS PER KILOGRAM)
TABLE OMITTED
IT IS OBVIOUS FROM THE FOREGOING TABLE THAT ATTENUATION ACCOMPANIES
THE OVERLAND MOVEMENT OF THE REPORTED CONTAMINANTS.
IN THE SUBSURFACE THE BURIED WASTES HAVE PRODUCED A ZONE OR ENCLAVE
OF CONTAMINATION DIRECTLY BENEATH AND PERIPHERAL TO THE DISPOSAL PITS.
LATERALLY, THE LIMITS OF THE ENCLAVE APPEAR TO BE CONFINED WITHIN A
DISTANCE OF 25 FEET FROM THE OUTERMOST MARGINS OF THE DISPOSAL PITS.
THE DEPTH OF THE ENCLAVE, HOWEVER, EXTENDS NEARLY TO THE WATER TABLE
WHICH IS ABOUT 90 FEET BENEATH THE LAND SURFACE.
WITHIN THE CONTAMINATED ENCLAVE THE DEGREE OF CONTAMINATION IS
GREATEST IN THE FORMATION IN WHICH THE WASTES ARE DEPOSTED WHERE VALUES
OF UP TO 6 MILLION PG/KG (MICROGRAMS PER KILOGRAM) OF ORGANIC CHLORINE
WERE FOUND. IT IS LEAST IN THE OUTERMOST FRINGE WHERE A CONCENTRATION
OF 5 UP/KG OF ORGANIC CHLORINE WAS RECOGNIZED AS A POSITIVE INDICATION
OF CONTAMINATION. ATTENUATION OF THE CONTAMINATION WITH DEPTH WAS
CLEARLY EVIDENT IN THE ANALYTICAL RESULTS.
HAZARD TO LOCAL GROUNDWATER FROM
PERCOLATION?
THE VERTICAL MOVEMENT OF THE PESTICIDE CONTAMINANTS FROM THE DISPOSAL
PITS POSES A CONTAMINATION HAZARD FOR 2 OF THE 3 GROUND-WATER BODIES
THAT OCCUR BENEATH THE DISPOSAL PITS. THE SHALLOWEST GROUND-WATER BODY
(A PERCHED WATER ZONE) HAS ALREADY BECOME CONTAMINATED AS EVIDENCED BY
ANALYTICAL RESULTS OF WATER SAMPLES FROM SHALLOW WELLS MARGINAL TO THE
DISPOSAL PITS (TABLE 1). THE PORTION OF THIS ZONE, THAT IS OR CAN BE
CONTAMINATED, HOWEVER, IS LIMITED IN AREAL EXTENT TO ABOUT 40 ACRES.
MOREOVER, IT IS NOT USED AS A SOURCE OF WATER SUPPLY BECAUSE IT HOLDS NO
WATER DURING DRY SEASONS.
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IN ADDITION TO THE PERCHED WATER ZONE, A SUBSTANTIAL PORTION OF THE
LOCAL WATER-TABLE AQUIFER, THE PRINCIPAL SOURCEOF LOCAL DOMESTIC WATER
SUPPLIES, IS EXPOSED TO THE HAZARD OF CONTAMINATION FROM THE PESTICIDE
WASTE DISPOSAL PITS. THE EXPOSED PORTION HAS AN AREAL EXTENT OF ABOUT
150 ACRES AND INCLUDES THE SEGMENTS OF THE -QUIFER THAT UNDERLIE AND
RECEIVE RECHARGE FROM THE PORTION OF THE PERCHED WATER ZONE THAT IS
SUSCEPTIBLE TO CONTAMINATION, AND THE DRAWS WHICH CARRY CONTAMINATED
WASH-OFF FROM THE DISPOSAL SITE. IN ADDITION, IT INCLUDES THE PART OF
THE WATER-TABLE AQUIFER THAT IS DOWN GRADIENT FROM THE SOURCES OF
POTENTIALLY CONTAIMINATED RECHARGE.
THERE IS LITTLE LIKELIHOOD THAT GROUND WATER IN THE ARTESIAN AQUIFER
WILL EVER BE EXPOSED TO CONTAMINATION FROM THE DISPOSAL PITS BECAUSE
THIS AQUIFER DOES NOT RECEIVE RECHARGE FROM ANY OF THE AFOREMENTIONED
CONTAMINATED OR POTENTIALLY CONTAMINED PORTIONS OF THE ENVIRONMENT.
HAZARD TO CONTIGUOUS GROUNDWATERS?
THE CONTAMINANTS THAT ARE ENTRAINED IN THE FLOW SYSTEMS OF THE
PERCHED WATER ZONE AND THE WATER-TABLE AQUIFER WILL MOVE LATERALLY
TOWARD THE DISCHARGING BOUNDARIES OF THESE GROUND WATER BODIES. THE
CONTAMINANTS ENTRAINED IN THE PERCHED WATER ZONE WILL MOVE TOWARD THE
DISCHARGING BOUNDARIES THAT ARE LOCATED WITHIN THE SURFACE REVINES
DRAINING THE DISPOSAL PITS. THE MAXIMUM RATE OF MOVEMENT IN THE ZONE
UNDER PREVAILING HYDRAULIC GRADIENTS IS CALCULATED TO BE ABOUT 2 FEET
PER DAY. HENCE, THE ENTRAINED CONTAMINANTS COULD REAPPEAR AT THE LAND
SURFACE IN AS LITTLE AS 100 OR AS MANY AS 1200 DAYS AFTER ENTRY INTO THE
PERCHED ZONE.
THE CONTAMINANTS ENTRAINED IN THE FLOW SYSTEM OF THE WATER-TABLE
AQUIFER WILL MIGRATE NORTHEASTERLY FOLLOWING THE SLOPE OF THE PREVAILING
WATER-TABLE GRADIENT. EVENTUALLY, THESE CONTAMINANTS WILL BE DISCHARGED
INTO PUGH CREEK. THE MINIMUM TIME THAT WOULD BE REQUIRED FOR THE
ENTRAINED CONTAMINANTS TO REACH THE CREEK IS CALCULATED TO BE 5 YEARS.
WITHDRAWALS FROM WELLS CO-LD CONCEIVABLY INDUCE THE CONTAMINANTS
ENTRAINED IN THE FLOW SYSTEM OF THE WATER-TABLE AQUIFER TO MOVE OUTSIDE
THE PORTION OF THE AQUIFER THAT IS IN DANGER OF CONTAMINATION. ASSUMING
THE WITHDRAWALS ARE MADE AT THE MAXIMUM YIELD OF THE AQUIFER (40 GALLONS
PER MINUTE) AND CONTINUED FOR AN INDEFINITE PERIOD OF TIME, WELLS ON THE
WESTERN SIDE OF THE DISPOSAL SITE (UPGRADIENT) WOULD NEED TO BE LOCATED
WIHTIN 900 FEET OF THE POINTS OF ENTRY OF CONTAMINANTS INTO THE AQUIFER
IN ORDER FOR CONTAMINATED WATER TO REACH POINT OF WITHDRAWAL. LIKEWISE,
WELLS NORTH OR SOUTH OF THE DISPOSAL SITE (PERPENDICULAR TO THE
PREVAILING GRADIENT) WOULD NEED TO BE LOCATED WITHIN 1500 FEET OF THE
POTENTIALLY CONTAMINATED PORTION OF THE AQUIFER. IF PUMPING IS
INTERMITTENT OR AT A LOWER RATE THAN THE MAXIMUM YIELD OF THE AQUIFER,
THE DISTANCE THAT POTENTIALLY CONTAMINATED WATER CAN BE DIVERTED IS, OF
COURSE, COMMENSURATELY LESS. WELLS OUTSIDE THE LIMITS INDICATED ARE IN
NO POTENTIAL DANGER OF CONTAMINATION BY SUBSURFACE MOVEMENT OF
CONTAMINANTS.
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RELATED TO CONTAMINATION HAZARD THAT HAVE
BECOME EVIDENT DIRECTLY OR INDIRECTLY FROM
THIS STUDY, SUCH AS TOPOGRAPHY, DRAINAGE,
OR RUNOFF INTENSITY?
THE CONTAMINANTS APPEAR TO HAVE A GREATER AFFINITY FOR CLAYEY EARTH
MATERIALS THAN FOR WATERS. IT IS, THEREFORE, DOUBTFUL THAT THE
CONTAMINANTS WILL MOVE AS RAPIDLY IN THE SUBSURFACE AS GORUND WATER IS
ABLE TO MOVE. IT IS ALSO UNLIKELY THAT CONTAMINATED PARTICLES OF
SEDIMENT IN THE DRAWS AND IN PUGH CREEK WILL BE RELIEVED OF CONTAMINANTS
MERELY BY ASSOCIATION WTIH WATER.
CERTAIN FEATURES OF THE ENVIRONMENT OF THE DISPOSAL SITE SERVE TO
DELAY THE CONTAMINATION HAZARD TO THE HYDROLOGIC SYSTEM. THESE ARE:
1. THE 90-FOOT DEPTH TO THE WATER TABLE
2. THE PRESENCE OF 3 BEDS OF LOWLY PERMEABLE CLAYEY MATERIAL IN THE
ZONE OF AERATION
3. THE PREVAILING EASTERLY WATER-TABLE GRADIENT
4. THE REMOTENESS OF THE DISPOSAL SITE FROM LOCAL INHABITANTS.
ALTHOUGH NOT SPECIFICALLY QUESTIONED, IT IS PERTINENT THAT SOME OF
THE PESTICIDE WASTE IS VERY ACIDIC (PH 1-2). SOME OF THE CONTAMINATED
CORE SAMPLES WERE ALSO ACIDIC (PH 3.45). THE PRESENCE OF THIS ACIDIC
CONDITION MIGHT INCREASE OR DECREASE THE VERTICAL PERMEABILITY OF THE
EARTH MATERIALS IN THE SUBSURFACE, AND THEREBY AFFECT THE RATE OF
VERTICAL MOVEMENT OF CONTAMINANTS THROUGHTHE ZONE OF AERATION.
AS EVIDENCED BY THE FOREGOING QUESTIONS, THE SCOPE OF THE
INVESTIGATION INCLUDED THE TOTAL FIELD OF MOVEMENT OF THE PESTICIDE
WASTE MATERIALS WITHIN THE HYDROLOGIC SYSTEM. CONSIDERED WERE SUCH
HYDROLOGIC FACTORS AS SURFACE RUNOFF, SEDIMENT TRANSPORT, HYDRAULICS OF
GROUND-WATER MOVEMENT, LEACHING AND THE INTERACTION OF THE WASTES WITH
THE ENVIRONMENT. DURING THE INVESTIGATION, APPROXIMATELY 100 SAMPLES OF
SURFACE RUNOFF AND WASHOFF WERE COLLECTED FOR PESTICIDE ANALYSIS FROM A
NETWORK OF STRATEGIC SAMPLING SITES. IN ADDITION, ABOUT 200 CORE
SAMPLES AND 10 SAMPLES OF GORUND WATER WERE OBTAINED FOR ANALYSIS FROM
THE SUBSURFACE BENEATH AND ADJACENT TO THE DISPOSAL SITE.
INSOFAR AS THE ANALYTICAL WORK WAS CONCERNED, THE SCOPE OF THE
INVESTIGATION WAS ORIGINALLY LIMITED TO THE FOUR CHLORINATED
HYDROCARBONS; DIELDRIN, ENDRIN, HEPTACHLOR, AND HEPTACHLOR EPOXIDE
BECAUSE THESE COMPOUNDS WERE CONSIDERED TO BE CHARACTERISTIC OF THE
BURIED WASTE MATERIALS. FOR THESE
PESTICIDES THE LOWER LIMITS OF MEASURMENT AS REPORTED HEREIN
ARE 0.01 MICROGRAMS PER LITER FOR WATER SAMPLES AND 0.1
MICROGRAMS PER KILOGRAM FOR SEDIMENT AND CORE SAMPLES. LATER,
TO PROVIDE A MORE COMPLETE DESCRIPTION OF THE WASTE MATERIAL
IN CORE SAMPLES, TOTAL ORGANIC CHLORINE WAS DETERMINED TO A
LOWER LIMIT OF 0.5 MICROGRAMS PER KILOGRAM.
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THE INVESTIGATION DID NOT INCLUDE AN EVALUATION OF THE IMPLICATIONS
OF THE HYDROLOGIC FINDINGS UPON THE DANGERS TO PUBLIC HEALTH AND WELFARE
BECAUSE SUCH AN EVALUATION IS CLEARLY THE PREROGATIVE OF HEALTH AND
POLLUTION CONTROL AGENCIES.
THE DISPOSAL SITE IS LOCATED ON A 300-ACRE FARM IN NORTHEASTERN
HARDEMAN COUNTY, TENNESSEE. IT IS ABOUT 1 1/2 MILES NORTHWEST OF THE
INTERSECTION OF STATE HIGHWAYS 18 AND 100. (SEE FIGURE 1). THE SITE
LIES WITHIN THE DRAINAGE AREA OF PUGH CREEK, A NORTHWARD-FLOWING
TRIBUTARY TO CLOVER CREEK, AND IS SITUATED NEAR THE DRAINAGE DIVIDE
ALONG THE WESTERN SIDE OF PUGH CREEK VALLEY. HENCE, THE GENERAL
DIRECTION OF SUFACE DRAINAGE FROM THE SITE IS TOWARD THE EAST.
TOPOGRAPHICALLY, THE DISPOSAL SITE IS SITUATED ON AN UPLAND REMMANT
OF A MATURELY DISSECTED, FLUVIAL TERRACE. THE GENERAL LEVEL OF THE
UPLAND IS ABOUT 80 TO 100 FEET ABOVE THE FLOOD PLAIN OF PUGH CREEK.
BETWEEN THE FLOOD PLAIN AND THE UPLANDS, THE LAND SURFACE IS MARKED BY
FAIRLY STEEP-SIDED GULLIES AND RAVINES.
THE DISPOSAL SITE IS UNDERLAIN BY A SEQUENCE OF NEARLY HORIZONTAL
STRATA THAT ARE COMPOSED OF DEPOSITS FF SAND, SILT, AND CLAY. TO A
DEPTH OF ABOUT 100 FEET THESE STRATA CONSIST PREDOMINANTLY OF SAND
DEPOSITS INTERBEDDED WITH A FEW THIN DEPOSITS OF SILT AND CLAY, BUT
BELOW A DEPTH OF 100 FEET BEDS OF CLAY ARE PREDOMINANT. THE SEQUENCE
AND GENERAL CHARACTER OF THE UPPERMOST 250 FEET OF STRATA ARE SHOWN
DIAGRAMATICALLY BY THE GEOLOGIC CROSS-SECTION IN FIGURE 2. THE BEDS OF
SAND ARE NUMBERED SEQUENTIALLY FROM THE SURFACE DOWNWARD TO FACILITATE
IDENTIFICATION IN THE TEXT.
SAND NUMBER 1 IS A YELLOWISH-ORAGE TO REDDISH-BROWN, FINE- TO VERY
COARS-GRAINED, POORLY SORTED QUARTZ SAND. IT IS WEAKLY STRATIFIED AND
CONTAINS SMALL POCKETS AND LENSES OF LIGHT GRAY TO REDDISH-BROWN SILT,
SMALL PIECES OF IRONSTONE, AND SCATTERED PEBBLES OF QUARTZITE. EXCEPT
FOR IRON OXIDE WHICH OCCURS AS GRAIN COATINGS AND CEMENTING MATERIAL,
THIS DEPOSIT IS MINERALOGICALLY ALMOST PURE SILICA (SIO2).
THE BED OF CLAYEY MATERIAL THAT UNDERLIES SAND NUMBER 1 IS A REMNANT
OF AN ANCIENT SOIL THAT DEVELOPED BENEATH THE SURFACE OF EROSION WHICH
EXISTED PRIOR TO THE DEPOSITION OF SAND NUMBER . IT CONTAIN A NEARLY
CONTINUOUS BED OF IRONSTONE (IRON OXIDE CEMENTED SILTSTONE OR SANDSTONE)
ALONG ITS UPPER SURFACE.
SANDS 2, 3, AND 4 ARE LIGHT GRAY TO YELLOWISH, FIME-TO VERY
COARSE-GRAINED, POORLY TO WELL SORTED, QUARTZ SAND. THESE DEPOSITS ARE
DISTINCTLY STRATIFIED WITH THIN (GENERALLY LESS THAN ONE FOOT)
ALTERNATING BEDS OR LENSES OF SAND THAT DIFFER IN GRAIN SIZE AND
SORTING. SOME OF THE INDIVIDUAL BEDS OR LENSES OF SAND IN SAND NUMBER
4, ARE COMPOSED OF VERY COARSE, WELL SORTED QUARTZ SAND.
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FIGURE 1 -- MAP OF PUGH CREEK DRAINAGE BASIN
MAP OMITTED
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FIGURE 2 -- GEOLOGIC CROSS-SECTION OF DISPOSAL SITE.
FIGURE OMITTED
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THE 2 BEDS OF CLAYEY MATERIAL THAT SEPARATE SAND NUMBER 3 FROM SANDS
NUMBERED 2 AND 4 (FIG. 2) CONSIST OF IRREGULAR-SHAPED LENSES AND
CIRCULAR, OBLATE, AND TABULAR MASSES OF KAOLINITIC CLAY IN A QUARTZOSE
SAND MATRIX.
THE UPPER AND LOWER CONFINING BEDS ARE COMPOSED OF GRAY- TO
BLUISH-GRAY, LAMINATED- TO THICK-BEDDED AND BLOCKY SILT AND CLAY. THESE
BEDS CONTAIN CARBONACEOUS PLANT REMAINS, SIDERITE CONCRETIONS, AND
FERRUGINOUS SILTSTONES.
SAND NUMBER 5 IS A LIGHT GRAY - TO YELLOWISH-GRAY, MEDIUM TO VERY
COARSE-GRAINED, POORLY SORTED QUARTZ SAND.
THE UPPERMOST 250 FEET OF STRATA BENEATH THE DISPOSAL SITE EMBRACES 3
DISTINCT BODIES OF GROUND WATER; A PERCHED WATER ZONE, A WATER-TABLE
AQUIFER, AND AN ARTESIAN AQUIFER (FIG. 2). THE PERCHED WATER ZONE
OCCURS IN THE BASAL PART OF THE UPPERMOST SAND (SAND NO. 1) IMMEDIATELY
ABOVE THE LESS PERMEABLE CLAYEY STRATUM THAT DIRECTLY UNDERLIES THE
SAND. WATER OR ANY OTHER LIQUID THAT ENTERS THE SUBSURFACE AND MIGRATES
DOWNWARD UNDER THE INFLUENCE OF GRAVITY IS PRONE TO ACCUMULATE AT THIS
HORIZON BECAUSE THE CLAYEY MATERIAL ON WHICH THE SAND RESTS HAS
SUBSTANTIALLY LESS PERMEABILITY THAN THE SAND. THE PERCHED WATER ZONE
EXPANDS DURING THE WINTER AND SPRING SEASONS OWING TO THE ABUNDANCE OF
RECHARGE AND CONTRACTS OR DISSIPATES DURING THE SUMMER AND FALL SEASONS
WHEN RECHARGE IS MINIMAL. DOUBTLESS, SOME WATER ESCAPES FROM THE
PERCHED ZONE BY MOVEMENT DOWNWARD THROUGH THE CLAYEY SUBSTRATUM, AND
SOME ESCAPES BY LATERAL MIGRATION TO SURFACE SEEPS ALONG THE SLOPES THAT
BORDER THE DISPOSAL SITE.
TEH WATER-TABLE AQUIFER OCCURS AT A DEPTH OF ABOUT 90 FEET BELOW THE
SURFACE OF THE DISPOSAL SITE AND 60 FEET BELOW THE BASE OF THE PERCHED
WATER ZONE. IT OCCUPIES A 10-FOOT INTERVAL AT THE BASE OF SAND NO. 4
(FIG. 2). MEASUREMENTS OF WATER LEVELS IN OBSERVATION WELLS AT THE
DISPOSAL SITE INDICATE THAT THE WATER TABLE SLOPES GENERALLY TOWARD THE
EAST. THE WATER-TABLE AQUIFER IS RECHARGED LOCALLY BY LEAKAGE FROM THE
PERCHED WATER ZONE THROUGH THE THIN CLAYEY STRATA THAT OCCUR BETWEEN THE
PERCHED WATER ZONE AND THE WATER TABLE. IT IS ALSO RECHARGED BY THE
INFILTRATION OF RAINFALL IN THOSE AREAS WHERE THE PERCHED WATER ZONE IS
ABSENT. DISCHARGE FROM THE WATER-TABLE AQUIFER TAKES PLACE THROUGH
SEEPS AND SPRINGS WHICH ARE IN EVIDENCE WHEREVER THE LAND SURFACE
INTERSECTS THE WATER TABLE. THE POINT OF DISCHARGE FROM THIS AQUIFER
NEAREST THE DISPOSAL SITE IS LOCATED IN THE CHANNEL OF PUGH CREEK A FEW
HUNDRED FEET UPSTREAM FROM THE INTERSECTION OF THE CHANNEL AND THE
400-FOOT CONTOUR (FIG. 1). DOWNSTREAM FROM THIS POINT, PUGH CREEK IS A
PARENNIAL STREAM DERIVING ITS DRY-WEATHER FLOW FROM THE WATER-TABLE
AQUIFER.
THE ARTESIAN AQUIFER OCCURS AT A DEPTH OF 200 TO 225 FEET BENEATH THE
DISPOSAL SITE. IT IS SEPARATED FROM THE WATER-TABLE AQUIFER BY A BED OF
SILT AND CLAY THAT IS ABOUT 100 FEET THICK. THIS INTERVENING BED IS AN
UPPER CONFINING BED TO THE ARTESIAN AQUIFER.
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EVEN THOUGH THE HEAD IN THE ARTESIAN AQUIFER AS MEASURED IN THE
VELSICOL WELL IS LESS THAN THAT IN THE WATER-TABLE AQUIFER AS MEASURED
IN WELL W-1 (FIG. 3), THE THICKNESS AND CHARACTER OF THE UPPER CONFINING
BED PRECLUDE ANY DIRECT HYDRAULIC CONNECTION BETWEEN THE WATER TABLE AND
ARTESIAN AQUIFERS. HENCE, RECHARGE TO AND DISCHARGE FROM THE ARTESIAN
AQUIFER ARE BELIEVED TO TAKE PLACE MAINLY IN THE OUTCROP AREA OF THE
AQUIFER WHICH IS LOCATED SEVERAL MILES EAST FROM THE DISPOSAL SITE.
SOME ADDITIONAL DISCHARGE FROM THE ARTESIAN AQUIFER IS OCCASIONED BY
WITHDRAWALS FROM WELLS THAT TAP THE AQUIFER SUCH AS THE VELSICOL WELL
NEAR THE ENTRANCE OT THE DISPOSAL SITE.
THE BULK OF THE WASTE MATERIALS THAT ARE BING TRANSPORTED TO HARDEMAN
COUNTY FOR DISPOSAL CONSIST OF STILL BOTTOMS AND DRY SPENT CATALYST AND
REACTOR SOLIDS FROM THE MANUFACTURE OF ENDRIN, HEPTACHLOR, AND
HEPTACHLOR EPOXIDE. INCLUDED WITH THESE WASTES IS A MINOR AMOUNT OF
MISCELLANEOUS TRASH CONSITING OF CONTAMINATED EARTH, LABORATORY WASTES,
AND CONVENTIONAL LAND-FI-L MATERIALS.
ALTHOUGHTHE CHEMICAL CONTENT OF THE WASTES IS NOT DETERMINED PRIOR TO
BURIAL, IT IS OBVIOUS THAT THE COMPOUNDS CONTAINED THEREIN INCLUDE, IN
ADDITION TO THE 3 MANUFACTURED COMPOUNDS, SEVERAL RELATED COMPOUNDS THAT
ARE EITHER INTERMEDIATES OR BY-PRODUCTS IN THE MANUFACTURING PROCESS.
SAMPLES OF THE LIQUID AND SOLID WASTES PROVIDED BY THE MANUFACTURER WERE
ANALYZED BY ELECTRON CAPTURE GAS CHROMATOGRAPHY AND FOUND TO CONTAIN
1200 TO 1500 MG/KG (MILLIGRAM PER KILOGRAM) OF DIELDRIN, 4500 TO 5900
MG/KG OF ENDRIN, 200,000 MG/KG OF HEPTACHLOR AND 39 MG/KG OF HEPTACHLOR
EPOXIDE (SEE TABLE 6). ACCORIDNG TO THE MANUFACTURER, SOME OF THE
RELATED COMPOUNDS THAT CAN BE EXPECTED TO OCCUR IN THE WASTES ARE
ISODRIN, ALDRIN, CHLORDENE, HEXACHLOROCYCLOPENTADIENE, AND
HEXACHLOROBICYCLOHEPTADIENE. THE RELATIVE QUANTITIES OF THESE COMPOUNDS
IN THE WASTES, HOWEVER, ARE NOT KNOWN.
AS THE WASTE MATERIALS ARE GENERATED AT THE PLANT, THEY ARE PLACED IN
USED 55-GA-LON STEEL DRUMS AND FIBER CARTONS. THE DRUMS CONTAINING
LIQUID WASTES ARE CLOSED WITH LIDS TO PREVENT SPILLAGE DURING SHIPMENT.
THE WASTES ARE HAULED TO THE DISPOSAL SITE IN LARGE DUMP TRUCKS;
USUALLY SEVERAL TRUCKLOADS ARE TAKEN TO THE DISPOSAL SITE EACH DAY.
UPON ARRIVAL AT THE SITE THE WASTES, INCLUDING THE CONTAINERS, ARE
DUMPED INTO ELONGATED PITS OR TRENCHES WHICH HAVE BEEN EXCAVATED TO A
DEPTH OF ABOUT 12 FEET AND WIDTH OF ABOUT 15 FEET. IN THE PROCESS OF
DUMPING, MANY OF THE CONTAINERS ARE CRUSHED OR OTHERWISE RUPTURED AND
THEIR CONTENTS RELEASED WITHIN THE TRENCHES. AFTER EACH DUMPING THE
WASTES ARE COVERED WITH A MINIMUM OF 3 FEET OF EARTH MATERIAL.
AS OF THE WRITING OF THIS REPORT (JUNE 1967), THE TRENCHES IN WHICH
PESTICIDE WASTES HAVE BEEN BURIED ARE GROUPED INTO 3 ADJOINING AREAS OR
PLOTS AS SHOWN ON FIGURE 3. WITHIN EACH PLOT THE TRENCHES ARE SPACED
FROM 5 TO 12 FEET APART. PLOT NUMBER 1 WAS USED FOR DUMPING FROM
OCTOBER 1964 UNTIL MAY 1966, AND PLOT NUMBER 2 WAS USED FROM APRIL 1966
UNTIL MAY 1967. PLOT NUMBER 3 HAS BEEN IN USE SINCE MID-MARCH 1967.
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FIGURE 3 -- MAP OF THE DUMP SITE SHOWING THE LOCATIONS OF THE WASTE
BURIAL PLOTS AND THE SAMPLING SITES AND TEST WELLS
FIGURE OMITTED
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DURING THE COURSE OF THE INVESTIGATION OF THE PESTICIDE DUMP, ABOUT
320 SAMPLES OF WATER AND EARTH-MATERIALS WERE COLLECTED FROM VARIOUS
LOCATIONS IN AND NEAR THE DUMP SITE. THE LOCATION OF THE SAMPLING SITES
ARE SHOWN ON FIGURE 3. SPECIAL PRECAUTIONS WERE TAKEN TO ENSURE THAT
THE SAMPLING APPARATUS AND SAMPLE CONTAINERS WERE NOT CONTRIBUTORS OF
CONTAMINATION.
ABOUT 90 SAMPLES OF RUNOFF AND SEDIMENT WASHOFF WERE COLLECTED FROM
THE SAMPLING DEVICES THAT WERE INSTALLED IN THE 4 RAVINES OR DRAWS
LOADING AWAY FROM THE DUMP. THE WASHOFF SAMPLING A-PARATUS CONSISTED OF
A V-SHAPED ALUMINUM PAN AND A GLASS SAMPLE BOTTLE. THE PAN SERVED TO
DIVERT THE SEDIMENT-LADED WASHOFF AND CONVEY IT INTO THE GLASS BOTTLE
WHICH WAS PLACED UNDER THE OPEN NOSE OF THE PAN. THE BOTTLE WAS COVERED
WITH A STOPPER THROUGH WHICH AN ALUMINUM FUNNEL AND AN AIR BLEED
PROTRUDED TO TRAP THE SAMPLE IN THE BOTTLE. AFTER EACH HEAVY RAINFALL
THE SAMPLE-FILLED BOTTLE WAS RETRIEVED AND CAPPED FOR SHIPMENT TO THE
LABORATORY. IN ADDITION, A SAMPLE OF THE MATERIAL RETAINED ON THE
V-SHAPED PAN WAS COLLECTED FOR SHIPMENT TO THE LABORATORY. AFTER EACH
SAMPLE COLLECTION, THE SAMPLING APPARATUS WAS MECHANICALLY CLEANED,
RINSED WITH NANOGRADE (R) HEXANE AND REASSEMBLED WITH A FRESH SAMPLE
BOTTLE.
AN ADDITIONAL 16 SAMPLES OF RUNOFF AND SEDIMENT WERE COLLECTED FROM
PUGH CREEK. ONE OF THESE SAMPLES WAS COLLECTED AT A SAMPLING SITE
UPSTREAM FROM THE DISPOSAL SITE (FIG. 3. INSET MPA). THE REAMINDER WAS
COLLECTED DURING PERIODIC VISITS TO THE DOWNSTREAM SITE (FIG. 3, INSET
MAP). DURING MOST OF THESE VISITS, A SAMPLE OF THE BEDLOAD MATERIAL WAS
ALSO COLLECTED.
SAMPLES OF GROUND WATER WERE COLLECTED FROM THE NEAREST AVAILABLE
WELLS TAPPING EACH OF THE 3 WATER-BEARING ZONES. SAMPLES FROM THE
PERCHED WATER ZONE WERE OBTAINED FROM WELLS A-1, A-2, B-1, AND B-2 WHICH
ARE LOCATED ON THE PERIPHERY OF THE DUMP SITE (FIG. 3). SAMPLES FROM
THE WATER-TABLE AQUIFER WERE OBTAINED FROM THE KING AND STERLING WELLS
(FIG. 3, INSET MAP) AND SAMPLES FROM THE ARTESIAN AQUIFER WERE OBTAINED
FROM THE VELSICOL WELL NEAR THE ENTRANCE TO THE DISPOSAL SITE.
THE INVESTIGATE THE OCCURRENCE OF PESTICIDES IN THE
SUBSURFACE, ABOUT 200 CORE SAMPLES WERE OBTAINED AT SELECTED
DEPTHS FROM 18 TEST WELLS THAT WERE DRILLED AT VARIOUS DISTANCES
FROM THE MARGINS OF THE DISPOSAL SITE. THE LOCATIONS OF THESE
TEST WELLS ARE ALSO SHOWN ON FIGURE 3. SIX OF THESE WELLS
WERE DRILLED ON AN ANGLE TO OBTIAN SAMPLES OF EARTH MATERIAL
FROM DIFFERENT STRATIGRAPHIC HORIZONS BENEATH THE DISPOSAL PITS
WITHOUT PENETRATING THE BURIAL TRENCHES.
AS THE COVER SOIL AT THE DISPOSAL SITE WAS KNOWN TO BE CONTAMINATED
(TABLE 6), IT WAS NECESSARY TO DEVELOP CORE SAMPLING TECHNIQUES THAT
WOULD NOT SPREAD THE CONTAMINATION IN THE DRILLING PROCESS. TO AVERT
THIS DANGER, A PORTE FIXED-PISTON DRIVE SAMPLER WAS USED BECAUSE THE
CORE BARREL OF THIS DEVICE REMAINS CLOSED UNTIL THE PISTON IS REMOVED
FOR SAMPLING BY MEANS OF A CERTER ROD.
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TO OBTAIN A CORE SAMPLE, THE DEVICE WAS INSERTED INTO THE BOREHOLE
AND THE BARREL WAS DRIVEN 6 OR 8 INCHES INTO THE BOTTOM OF THE HOLE
BEFORE THE PISTON WAS REMOVED. THEN, WITH THE CORE BARREL OPENED AT THE
BOTTOM, THE SAMPLER WAS DRIVEN AN ADDITIONAL 2 TO 4 FEET TO OBTAIN THE
CORE SAMPLE.
LOADING AND UNLOADING THE CORE BARREL WERE CAREFULLY ATTENDED. PRIOR
TO USE, THE BRASS CORE BARREL LINERS AND CAPS WERE FIRST WASHED IN
ALCOHOLIC SOLIUM HYDROXIDE, THEN IN DILUTE HYDROCHLORIC ACID, AND
FINALLY RINSED IN DISTILLED WATER. AFTER AIR DRYING, THE LINERS AND
CAPS WERE WRAPPED SEPARATELY IN ALUMINUM FOIL AND SENT TO THE TEST SITE.
IN THE CORING PROCESS THE CORE BARREL AND ALL ATTACHMENTS WERE
THOROUGHLY CLEANED AND RINSED WITH NANOGRADE (R) HEXANE. THEN THE
LINERS WERE UNWRAPPED AND INSERTED INTO THE CORE BARREL. NEXT, THE
CENTER ROD WITH ITS FIXED PISTON WAS POSITIONED IN THE CORE BARREL SO
THAT THE BOTTOM END OF THE CORE BARREL WAS COMPLETELY CLOSED. AS AN
ADDITIONAL PRECAUTION, GLASS WOOL WAS PACKED INTO THE CORE BARREL
EXTENSION AROUND THE PISTON ROD JUST ABOVE THE CORE CHAMBER. THIS WAS
DONE TO PRVENT DIRT FROM DROPPING DOWN INTO THE CORE BARREL DURING THE
CORING OPERATION.
AFTER RETRIEVING THE CORE BARREL FROM THE BOREHOLE, THE CORE-FILLED
LINERS WERE REMOVED FROM THE BARREL AND WRAPPED IN NEW FOIL FOR SHIPMENT
TO THE LABORATORY. POLYETHYLENE GLOVES WERE WORN BY FIELD PERSONNEL
DURING THE LATTER STEP TO AVOID CONTAMINATING THE SAMPLE.
AS PREVIOUSLY STATED, THIS STUDY INVOLVED A CONSIDERABLE NUMBER OF
LABORATORY ANALYSES. TO ACHIEVE THE DESIRED OBJECTIVES, THE ANALYSES
WERE PERFORMED BY TWO LABORATORIES. THE WATER, SOIL, AND SEDIMENT
SAMPLES WERE ANALYZED BY THE USGS PESTICIDE LABORATORY AT SACRAMENTO,
CALIFORNIA, AND THE CORE SAMPLES WERE ANALYZED BY THE USGS PESTICIDE
LABORATORY AT MENLO PARK, CALIFORNIA.
GAS CHROMATOGRAPHY USING BOTH ELECTRON CAPTURE AND MICROCOULOMETRIC
MODES OF DETECTION WAS USED AS THE PRINCIPAL METHOD OF ANALYSIS FOR THIS
STUDY. THE HIGH RESOLVING CHARACTERISTICS OF THE GAS CHROMATOGRAPH
ENABLES THE ANALYST TO SEPARATE AND IDENTIFY THE COMPONENTS IN A MIXTURE
OF VOLATILE ORGANIC COMPOUNDS. THE ELECTRON CAPTURE DETECTOR IS
EXTREMELY SENSITIVE, CAPABLE OF DETECTING A FEW PICOGRAMS (10-12 GRAMS)
OF COMPOUND, BUT IS NONSPECIFIC. THE MICROCOULOMETRIC DETECTOR, WHILE
LESS SENSITIVE, REQUIRING AT LEAST 10-8 GRAMS OF COMPOUND, SPECIFICALLY
DETECTS HALOGENATED COMPONENTS. GAS CHROMATOGRAPHY IS A WIDELY ACCEPTED
METHOD FOR THE DETERMINATION OF PESTICIDE RESIDUES.
OWING TO THE NATURE OF THE SAMPLING DEVICES USED AND THE RUNOFF
CONDITIONS, THE RUNOFF AND SEDIMENT WASHOFF SAMPLES CONTAINED VARYING
PROPORTIONS OF WATER AND SEDIMENT -- FROM DRY SOIL TO ESSENTIALLY ALL
WATER.
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WHENEVER IT WAS POSSIBLE TO DO SO, THE WATER AND SEDIMENT WERE
SEPARATED AND ANALYZED SEPARATELY. SAMPLES WERE ANALYZED BY
MICROCOULOMETRIC TITRATION OR BY ELECTRON CAPTURE GAS CHROMATOGRAPHY OR
BOTH DEPENDING UPON THE CONCENTRATION OF ORGANIC MATERIAL IN THE SAMPLE.
WATER SAMPLES OBTAINED FROM THE WELLS AND PUGH CREEK WERE
SUFFICIENTLY LOW IN COLOR AND INTERFERING ORGANIC MATTER THAT CLEANUP
WAS NOT REQUIRED. ANALYSIS WAS ACCOMPLISHED BY SIMPLE EXTRACTION OF
1-LITER SAMPLES WITH 75 M1 (MILLILITERS) OF HEXANE, EVAPORATION OF THE
EXTRACTANT TO 5.0 ML, AND INJECTION OF 5.0UL (MICROLITERS) INTO THE GAS
CHROMATOGRAPH (LAMAR AND OTHERS. 1966, P. 187). IN ALL CASES,
INJECTIONS INTO TWO DIFFERENT COLUMNS WERE MADE. OPERATING CONDITIONS
FOR THE ELECTRON-CAPTURE GAS CHROMATOGRAPHIC PROCEDURE WERE AS FOLLOWS:
INSTRUMENT: AEROGRAPH HY-FI MODEL 600-D, WITH A WILKENS MODEL 328
ISOTHERMAL TEMPERATURE CONTROLLER
COLUMNS: 1. 1/8 INCH BY 5 FOOT PYREX GLASS, PACKED WITH 60/80 MESH
GAS-CHROM Q COATED WITH 5 PERCENT W/2 (WEIGHT PER WEIGHT) DC 200
2. 1/8 INCH BY 5 FOOT PYREX GLASS, PACKED WITH 60/80 MESH GAS-CHROM
Q COATED 5 PERCENT W/W QF-1
OVEN TEMPERATURE: 187 DEGREES C
DETECTOR: ELECTRON-CAPTURE, CONCENTRIC TUBE DESIGN
CARRIER GAS: NITROGEN AT 40 ML/MIN.
INJECTION VOLUME: 5.0 MICROLITERS
WATER SAMPLES OBTAINED FROM SURFACE RUNOFF DOWN THE 4 DRAWS GENERALLY
CONTAINED SUFFICIENT CHLORINATED ORGANIC COMPOUNDS TO PERMIT
MICROCOULOMETRIC ANALYSIS IN ADDITION TO THE MORE SENSITIVE ELECTRON
CAPTURE GAS CHROMATOGRAPHY.
THESE SAMPLES USUALLY CONTAINED LARGE AMOUNTS OF EXTRANEOUS MATERIAL
AND REQUIRED THE APPLICATION OF A CLEANUP PROCEDURE PRIOR TO ANALYSIS.
PREPARATION FOR ANALYSIS INCLUDED EXTRACTION OF 1-LITER SAMPLES WITH 75
ML OF HEXANE, EVAPORATION OF THE EXTRACTANT TO 0.5 ML, AND CLEANUP OF
THE CONCENTRATED EXTRACT BY COLUMN CHROMATOGRAPHY. WOELM ALUMINA
DEACTIVATED BEFORE USE WITH 5 PERCENT W/W WATER (DE FAUBERT MAUNDER AND
OTHERS, 1964), WAS USED IN A MICRO COLUMN AS DESCRIBED BY GOERLITZ AND
LAMAR (1967). WHEN THE 0.5 ML OF THE EXTRACT WAS ELUTED THROUGH A 4 BY
30 MM (MILLIMETER) ALUMINA COLUMN WITH 5.0 ML OF HEXANE, THE FIRST 1.5
ML OF ELUATE CONTAINED ANY HEPTACHLOR IN THE SAMPLE. THE SECOND ELUATE
FRACTION OF 4.0 ML CONTAINED ANY DIELDRIN, ENDRIN, OR HEPTACHLOR
EPOXIDE. FOLLOWING ELUTION, THE TWO FRACTIONS WERE PREPARED FOR GAS
CHROMATOGRAPHIC ANALYSIS BY DILUTION WITH HEXANE TO 2.0 AND 5.0 ML
RESPECTIVELY.
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SINCE THE DIELDRIN FRACTION SELDOM CONTAINED SUFFICIENT MATERIAL TO
PERMIT MICROCOULOMETRY, IT WAS ANALYZED BY INJECTION OF 5.0 UL INTO TWO
ELECTRON-CAPTURE GAS CHROMATOGRAPHIC COLUMNS. THE HEPTACHLOR FRACTION,
WHICH ALWAYS CONTAINED THE MAJOR AMOUNT OF CHLORINATED ORGANICS PRESENT
IN ANY SAMPLE, WAS ANALYZED BY INJECTION OF 5.0 TO 40.0 UL INTO THE
MICROCOULOMETER. OPERATING CONDITIONS FOR THE MICROCOULOMETRIC ANALYSIS
WERE AS FOLLOWS:
A. CHROMATOGRAPH
COLUMN: 1/4 INCH BY 5 FOOT PYREX GLASS, PACKED WITH MESH GAS CHROM Q
COATED WITH 100 PERCENT W/W DC200
INJECTION TEMPERATURE: 210 DEGREES C
COLUMN TEMPERATURE: 187 DEGREES C
CARRIER GAS: NITROGEN AT 120 ML/MIN.
B. MICROCOULOMETER
INLET SWEEP GAS: NITROGEN AT 10 ML/MIN.
COMBUSTION GAS: OXYGEN AT 60 - 70 ML/MIN.
INLET TEMPERATURE: 220 DEGREES C.
COMBUSTION TUBE TEMPERATURE: 920 +- 10 DEGREES C
SAMPLE MATERIAL COLLECTED FOR ANALYSIS IN THIS CATEGORY INCLUDED:
SOIL FROM THE SURFACE OF THE DUMP AREA; SURFACE SOIL ONE MILE AWAY FROM
THE DUMP; SEDIMENT TRANSPORTED DOWN THE DRAWS DURING RUNOFF EVENTS;
SUSPENDED SEDIMENT AND BED MATERIAL FROM PUGH CREEK; AND CLAY HAULED IN
TO REPACK THE WELLS DRILLED TO MONITOR WATER MOVEMENT AWAY FROM THE DUMP
SITE.
OF THESE MATERIALS, ONLY THE SOIL FROM THE SURFACE OF THE DUMP PROPER
AND THE SEDIMENT MOVED DOWN THE DRAWS BY RAINFALL CONTAINED CHLORINATED
ORGANIC COMPOUNDS IN SUFFICIENTLY HIGH CONCENTRATION TO ALLOW ANALYSIS
BY MICROCOULOMETRY. OTHER SOIL AND SEDIMENT SAMPLES WERE ANALYZED BY
ELECTRON CAPTURE GAS CHROMATOGRAPHY FOLLOWING SUITABLE SAMPLE
PREPARATION.
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MOST SAMPLES WERE RECEIVED IN A MOIST CONDITION. TO AVOID THE RISK
OF LOSING VOLATILE COMPONENTS DURING DRYING, ALL SAMPLES WERE ANALYZED
AS RECEIVED. THE DRY SAMPLE WEIGHTS WERE COMPUTED FROM MOISTURE
DETERMINATIONS AND THE RESULTS REPORTED ON A DRY WEIGHT BASIS.
IN OTHER TO IMPROVE EXTRACTION AND REMOVAL OF ORGANICS FROM THE MOIST
MATERIALS, ALL SAMPLES WERE EXTRACTED WITH ACETRONITRILE ACCORDING TO
THE FOLLOWING PROCEDURE. A 25 - TO 100-GRAM SAMPLE OF SOIL WAS
EXTRACTED WITH 25 TO 100 ML (MILLILITERS) OF ACETONITRILE AND FILTERED.
THE FILTERED EXTRACT WAS DILUTED WITH AN EQUAL VOLUME OF WATER AND THEN
25 ML OF HEXANE WERE ADDED. AFTER SEPARATION AND DRYING, THE HEXANE WAS
REDUCED IN VOLUME TO 0.5 ML. THESE EXTRACTS WERE SUBJECTED TO THE
ALUMINA CLEANUP PROCEDURE PREVIOUSLY DESCRIBED AND ANALYZED BY EITHER
MICROCOULOMETRY OR ELECTRON CAPTURE GAS CHROMATOGRAPHY, DEPENDING ON THE
CONCNETRATION OF ORGANIC MATERIAL PRESENT. THIS METHOD PROVED TO BE AN
EFFICIENT METHOD FOR THE EXTRACTION OF THE FOUR PESTICIDES FROM THE SOIL
SAMPLE
IT SHOULD BE NOTED THAT THE FOUR PESTICIDE COMPOUNDS (DIELDRIN,
ENDRIN, HEPTACHLOR, AND HEPTACHLOR EPOXIDE) COULD NOT ALWAYS BE
IDENTIFIED AMONG THE CHLORIN-TED HYDROCARBON MATERIALS THAT WERE
OBSERVED. NEVERTHELESS, THE OBSERVED COMPOUNDS ARE BELIEVED TO BE
CLOSELY RELATED AND OF EQUAL SIGNIFICANCE IN INDICATING THE
CONTAMINATION OF THE ENVIRONMENT OF THE DUMP SITE. THEREFORE, THE FACT
THAT THE ANALYTICAL RESULTS ARE, IN SOME INSTANCES, PRESUMPTIVE RATHER
THAN CONCLUSIVE DOES NOT DETRACT FROM THEIR USE IN DESCRIBING THE EXTENT
AND DEGREE OF CONTAMINATION FROM THE DISPOSAL PITS.
WELLS - THE ANALYTICAL RESULTS OF WATER SAMPLES FROM WELLS ARE GIVEN
IN TABLE 1. ANALYSIS OF SAMPLES OBTAINED FROM THE 3 WATER-SUPPLY WELLS
(KING, STERLING, AND VELSICOL WELLS) NEAREST THE DUMP SITE SHOWED NO
EVIDENCE OF CONTAMINATION BY CHLORINATED HYDROCARBONS. HOWEVER, THE
WATER SAMPLES THAT WERE OBTAINED FROM 3 OUT OF 4 OF THE SHALLOW WELLS
(A-2, B-1, AND B-2), LOCATED ON THE MARGIN OF THE DUMP SITE DID CONTAIN
CHLORINATED HYDROCARBONS THESE WELLS WERE SAMPLED, PUMPED DRY, ALLOWED
TO REWATER, AND RESAMPLED. THE VALUES REPORTED IN TABLE 1 FOR EACH
SAMPLE ARE THOS OBTAINED BY ELECTRON CAPTURE GAS CHROMATOGRAPHY
UTILIZING TWO DIFFERENT COLUMNS. THE QUANTITIES OF THE 4 PESTICIDE
COMPOUNDS FOUND, HOWEVER, ARE RELATIVELY SAMLL, RANGING FROM 0.01 TO
0.11 UG/KG (MICROGRAMS PER KILOGRAM).
PUGH CREEK - RESULTS OF ANALYSIS OF WATER AND SEDIMENTY SAMPLES
OBTAINED FROM PUGH CREEK ARE GIVEN IN TABLE 2. THESE DATA INCIDCATE THE
PRESENCE OF SMALL AMOUNTS OF CHLORINATED HYDROCARBONS IN THE STREAM
BOTTOM SEDIMENT 1 1/2 MILES DOWNSTREAM FROM THE DISPOSAL SITE. THE
QUANTITY FOUND IS IN EXCESS OF THAT PREVALENT IN THE AREA AWAY FROM THE
DUMP SITE AND IS THEREFORE PRESUMED TO HAVE ORIGINATED FROM THE PIT
AREA.
ONLY 2 SAMPLES OF WATER GAVE ANY INDICATION OF THE PRESENCE OF ANY OF
THE 4 PRIMARY CHLORINATED COMPOUNDS. HENCE, CONTAMINATION OF THE WATER
IN PUGH CREEK FROM THE DISPOSAL PITS IS ONLY AN ASSUMPTION.
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DRAWS - THE ANALYTICAL RESULTS OF RUNOFF AND WASHOFF SAMPLES FROM THE
4 DRAWS DRAINING THE DISPOSAL SITE ARE GIVEN IN TABLE 3. RESULTS OF
TWO-COLUMN ELECTRON CAPTURE GAS CHROMATOGRAPHY INDICATED THE PRESENCE OF
DIELDRIN, ENDRIN, AND HEPTACHLOR EPOXIDE IN MOST OF THE DRAW SAMPLES
TESTED. THE PRESENCE OF HEPTACHLOR WAS INDICATED BY MICROCOULOMETRIC
TITRATION FOLLOWING ONE COLUMN SEPARATION BUT DUPLICATION OF THESE
RESULTS ON A SECOND COLUMN COULD NOT BE OBTAINED. IT MUST BE CONCLUDED,
THEREFORE, THAT HEPTACHLOR WAS NOT PRESENT IN ANY OF THE DRAW SAMPELS
ANALYZED, BUT A CHLORINATED COMPOUND SIMILAR TO HEPTACHLOR WAS DETECTED.
THE AMOUNTS OF THESE COMPOUNDS THAT WERE FOUND RANGED FROM AS LITTLE AS
0.02 PG/KG TO AS MUCH AS 1,600 UG/KG.
IT WAS GENERALLY NOTED THAT HIGHER CONCENTRATIONS WERE FOUND IN THOSE
SAMPLES THAT WERE COLLECTED FROM THE BOTTLE PORTION OF THE SAMPLERS THAN
WERE FOUND IN THE ALL-SED-MENT SAMPLES THAT WERE RETRIEVED FROM THE PAN
PORTION OF THE SAMPLERS. THIS WAS PROBABLY DUE TO LOSS OF THE MORE
VOLATILE ORGANIC MATERIALS FROM THE PAN SAMPLE AS A RESULT OF EXPOSURE
TO THE ATMOSPHER AND SUNLIGHT BEFORE THE SAMPLES WERE PICKED UP BY FIELD
PERSONNEL.
ALTHOUGH A GREAT DEAL OF VARIATION CAN BE NOTED IN THE CONCENTRATIONS
OF ORGANIC MATERIALS FOUND, BOTH AS TO TIME AND PLACE, THERE DOES APPEAR
TO BE A DEFINITE DECREASE IN CONCNETRATION IN EACH DRAW WITH INCREASE IN
DISTANCE AWAY FROM THE PIT AREA. THIS OBSERVATION, TOGETHER WITH THE
OCCURRENCE OF HIGH CONCENTRATIONS IN SAMPLES WITH SEDIMENT, INDICATES
THE RPINCIPAL MODE OF TRANSPORT TO BE ADSORPTION ON SEDIMENT PARTICLES.
MORE PRECISE QUANTITATIVE RELATIONSHIPS COULD NOT BE DEVELOPED OWING TO
THE LIMITED DATA AVAILABLE AND LACK OF ADEQUATE SAMPLING CONTR-L.
THE CORE SAMPELS WERE ANALYZED FOR DIELDRIN, ENDRIN, HEPTACHLOR, AND
HEPTACHLOR EPOXIDE. IN ADDITIO, THE TOTAL ORGANIC CHLORINE CONTENT,
MOISTURE CONTENT (ASSOCIATION OF OFFICIAL AGRICULTURAL CHEMISTS, 1940,
P. 1) AND PH (PEACH, 1965, P. 914) OF MOST OF THE SAMPLES WERE
DETERMINED. AS A CONTROL, THE TOP AND BOTTOM SECTIONS OF EACH CORE
SAMPLE WERE ANALYZED SEPARATELY TO IDENTIFY ANY CONTAMINATION THAT MIGHT
HAVE BEEN INTRODUCED DURING THE CORING PROCESS. THE ROUTINE ANALYSIS OF
THE CORES CONSISTED OF THE FOLLOWING PROCEDURES.
A 50.0 G SAMPLE OF PULVERIZED SOIL WAS SHAKEN IN AN ACETONE HEXANE
SOLVENT. THE EXTRACT WAS DECANTED FROM THE SOIL INTO A SEPARATORY
FUNNEL. THIS WAS REPEATED THREE TIMES AND THE COMBINED EXTRACTS WERE
WASHED WITH WATER TO REMOVE THE ACETONE. THE EXTRACT WAS DRIED OVER
SODIUM SULFATE. THE DRIED EXTRACT WAS THEN EITHER CONCENTRATED OR
DILUTED TO A KNOWN VOLUME. THIS METHOD WAS FOUND TO BE ADEQUATE FRO THE
EXTRACTION OF THE FOUR PESTICIDES FROM THE SOIL SAMPLES.
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THE GAS CHROMATOGRAPHIC ANALYSIS WAS PERFORMED IN A STEPWISE MANNER.
FIRST, THE EXTRACT WAS ANALYZED BY ELECTRON CAPTURE GAS CHROMATOGRAPHY
USING A 1/8 INCH BY 5-FOOT GAS CHROM Q COLUMN COATED WITH 5.0 PERCENT
W/W DC-200 AND 0.5 PERCENT W/W CARBOWAX 20M. FURTHER CONCENTRATION
ADJUSTMENTS AND CLEANUP (AS DESCRIBED) UNDER ANALYSIS OF WATER AND
SEDIMENT SAMPLES IF INDICATED, WERE PERFORMED AT THIS TIME. THE EXTRACT
WAS ANALYZED A SECOND TIME BY ELECTRON CAPTURE GAS CHROMATOGRAPHY USING
A 1/8 INCH BY 5-FOOT GAS CHROM Q COLUMN COATED WITH 5.0 PERCENT W/W QF-1
AND 0.5 PERCENT W/W CARBOWAX 20M. IF A PARTICULAR COMPOUND OF INTEREST
WAS INDICATED BY THE PREVIOUS TWO ANALYSES, A THIRD ANALYSIS WAS MADE ON
A 1/8 INCH BY 5 FOOT GAS CHROM Q COLUMN COATED WITH 2.3 PERCENT W/W
VERSAMID 930. IF THE CONCENTRATION OF THE COMPONENTS(S) WAS HIGH
ENOUGH, MICROCOULOMETRIC DETECTION WAS EMPLOYED FOR THE THIRD ANALYSIS,
OTHERWISE THE MORE SENSETIVE ELECTRON CAPTURE DETECTOR WAS USED AGAIN.
IF THE SOIL EXTRACT HAD ONLY 3 OR 4 MAJOR COMPONENTS, GAS
CHROMATOGRAPHIC IDENTIFICATION WAS MADE USING 3 DIFFERENT TYPES OF
COLUMNS. FURTHER, WHEN A COMPONENT WAS PRESENT IN AMOUNTS LARGE ENOUGH
TO PERMIT MICROCOULOMETRY, AGREEING QUANTITATIVE DATA FROM THE TWO
DETECTION SYSTEMS WAS CONSISERED ESSENTIAL TO IDENTIFICATION. GAS
CHROMATOGRAPHY ALONE WAS NOT SUFFICIENT FOR ANALYSIS OF MOR COMPLEX
MIXTURES, THEREFORE, THIN-LAYER CHROMATOGRAPHY WAS USED FOR PRELIMINARY
SEPARATION OF COMPONENTS.
MICROLITER QUANTITIES OF THE EXTRACT WERE SPOTTED ON A SILICA GEL
THIN-LAYER CHROMATOGRAPHIC PLATE AND DEVELOPED WITH HEXANE. THE
COMPONENTS THAT MIGRATED A DISTANCE EQUAL TO THAT OF STANDARDS SPOTTED
AND VISUALIZED ON THE SAME PLATE WERE SCRAPED FROM THE PLATE AND
WXTRACTED INTO HEXANE. THE RESULTING SOLUTION WAS THEN SUBJECTED TO
THREE-COLUMN GAS CHROMATOGRAPHIC ANALYSIS.
TO PROVIDE A MORE COMPLETE ESSAY OF THE SOIL CONTAMINANTS THAN COULD
BE OBTAINED FROM THE MEASUREMENT OF ONLY A FEW OF THE IDENTIFIABLE
COMPONENTS BY CONVENTIONAL GAS CHROMATOGRAPHY,A METHOD WAS DEVISED
WHEREBY THE TOTAL CHLORINE CONTENT OF THE VOLATILE EXTRACTABLES COULD BE
MEASURED. THE TOTAL CHLORINE ANALYSIS INVOLVED TEMPERATURE PROGRAMMED
MICROCOULOMETRIC GAS CHROMATOGRAPHY ON A VERY SHORT COLUMN. THE SOIL
EXTRACT WAS CONCENTRATED TO A SUITABLE VOLUME AND INJECTED ONTO A 3
PERCENT W/W APIEZON L COLUMN, 1/4 INCH O.D. BY 3.0 INCHES LONG. THE
SOLVENT WAS SWEPT FROM THE COLUMN WITH NITROGEN GAS AT ROOM TEMPERATURE.
AFTER A PREDETERMINED TIME THE COLUMN WAS HEATED TO 300 DEGREES C IN
TWO MINUTES. FOLLOWING COMBUSTION OF THE ELUATE THE TOTAL CHLORINE WAS
MEASURED WITH A MICROCOULOMETRIC TITRATING CELL. AN EXPERIMENTAL CHECK
OF THE TOTAL CHLORINE PROCEDURE DEMONSTRATED THAT THIS TECHNIQUE IS
APPLICABLE TO DETERMINING THE TOTAL CHLORINE CONTENT OF COMPOUNDS HAVING
BOILING POINTS AS LOW AS HEXACHLOROCYCLOPENTADIENE AND AS HIGH AS
METHOZYCHLOR. THE TOTAL CHLORINE IN AN EXTRACT FROM 50 G OF SOIL SAMPLE
WAS MEASURED TO A LOWER LIMIT OF 0.5 UG/KG.
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WHEN WASTE MATERIALS WERE DETECTED IN SIGNIFICANT AMOUNTS IN THE CORE
SAMPLES THEY APPEARED AS COMPLEX MIXTURE. HOWEVER, NONE OF THE
COMPOUNDS OF PRIMARY INTEREST (DIELDRIN, ENDRIN, HEPTACHLOR AND
HEPTACHLOR EPOXIDE) WAS POSITIVELY IDENTIFIED (LIMIT OF MEASUREMENT 0.1
MICROGRAMS PER KILOGRAM) IN THE 200 CORE SAMPLES THAT WERE EXAMINED.
INITIAL QUALITATIVE RESULTS SUGGESTED THE PRESENCE OF HEPTACHLOR, BUT
COMPARISON OF ELECTRON CAPTURE AND MICROCOULOMETRIC DATA SHOWED A MARKED
DIFFERENCE IN RESPONSE. THIS OBSERVATION INDICATED THAT EITHER ANOTHER
COMPOUND, OR COMPOUNDS, ELUTED WITH HEPTACHLOR, ON BOTH DC-200 AND QF-1
COLUMNS, OR THAT HEPTACHLOR WAS NOT PRESENT. THE INTRODUCTION OF A
THIRD ANALYTICAL COLUMN, VERSAMID 930, PROVIDED THE NECESSARY RESOLUTION
OF COMPONENTS AND PROVED THAT THE COMPOUND IN QUESTION WAS NOT
HEPTACHLOR.
BECAUSE NONE OF THE COMPONENTS EXTRACTED FROM THE SOIL SAMPLES WAS
IDENTIFIED AS ONE OF THE FOUR COMPOUNDS OF PRIMARY INTEREST, THE
ANLAYSIS WAS EXPANDED TO INCLUDE OTHER PESTICIDES AND CHEMICALS INVOLVED
IN THE MANUFACTURE OF PESTICIDES. IN ADDITION TO THE PREVIOUSLY
MENTIONED PESTICIDES THE COMPOUNDS ALDRIN, CHRLORDENE,
CHLORDENECHLOROHYDRIN, HEXACHLOROBICYCLOHEPTADIENE,
HEXACHLOROCYCLOPENTADIENE AND ISODRIN WERE INCLUDED. OWING TO THE
MULTIPLICITY OF COMPONENTS IN THE SOIL EXTRACT IT WAS NOT POSSIBLE TO
IDENTIFY THE INDIVIDUAL COMPOUNDS BY SIMPLE GAS CHROMATOGRAPHIC
ANALYSIS.
ADEQUATE PRELIMINAR