SACRAMENTO, Calif. -- California regulators have moved one step closer to placing big restrictions on the use of a pesticide that President Donald Trump's Environmental Protection Agency refused to ban earlier this year.
The California Department of Pesticide Regulation just released an updated draft risk assessment for chlorpyrifos. It's one of the most widely-used pesticides in the state, applied to golf courses and about 50 crops, including almonds, grapes, walnuts, oranges and cotton.
But Cheryl Watson, assistant director of communications with Cal EPA said chlorpyrifos is a dangerous neurotoxin that can float toward schools and homes in low-income farm communities.
"This pesticide has been in use for more than 50 years,” Watson said. “But a review of the latest science by the Department of Pesticide Regulation shows that they are finding that it has a possible risk to children's developing brains when it's airborne."
In March, as one of his first official acts, the head of the U.S. Environmental Protection Agency, Scott Pruitt, went against the advice of his agency's scientific advisors and decided not to ban chlorpyrifos, just weeks after meeting with the CEO of Dow Chemical.
In 2015, California restricted the sale of chlorpyrifos, so only people with special training and a permit from county agricultural commissioners can buy it.
Craig Cassidy, public information officer with the California Department of Pesticide Regulation, said the state is considering further restrictions, despite federal inaction.
"Right now, we already have a required buffer zone of 150 feet between sensitive sites and applications. We could maybe triple that,” Cassidy said.
The public comment period on the risk assessment is now open for 45 days. By next month, the state will share guidelines with county agriculture commissioners to expand the distance between the fields and communities so as to lessen the risk of accidental exposure. A final decision from the state could come late next year.
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Residents of East Palestine, Ohio, say they continue to live with health problems, including rashes, nosebleeds and respiratory issues following last year's massive train derailment and chemical spill.
According to the Environmental Protection Agency, 177 tons of solid waste of solid waste and 68 million gallons of water have been transported out of East Palestine for disposal.
Jess Conard, Appalachia director for the advocacy group Beyond Plastics, said vinyl chloride is a key ingredient in making PVC plastic. She argued the disaster highlighted the need to reduce production of industrial plastic and better regulate all stages of the plastic life cycle. She added residents still do not have the resources needed to stay safe.
"We are also in desperate need of residential indoor and outdoor air monitoring and air assessments for our homes," Conard contended. "There are residents within the past month that have reported detections of vinyl chloride outside of their home."
Norfolk Southern recently agreed to a $600 million settlement in an attempt to resolve a string of lawsuits involving thousands of people.
If it gets approval from all parties, it would resolve all class-action claims by people and businesses who were within a 20-mile radius of the derailment site, and personal injury claims within 10 miles. In a statement on the company's website, the company stressed the settlement does not constitute any admission of liability, wrongdoing or fault.
Conard pointed out the settlement will not prevent another train-related environmental disaster from happening. She noted the amount of money in the proposed settlement will hardly leave a dent in the pockets of a company whose profits topped $8 billion last year.
"If the court accepts this settlement, it sets the precedent that there is a corporate price tag for poisoning communities," Conard asserted. "The court must uphold justice for the people."
Congress has stalled on passage of legislation to boost regulations around inspections and fines for railroad companies violating safety standards. Earlier this month, the Biden administration passed a new rule requiring freight operators to have at least two people on board, in an attempt to increase safety.
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Chemical plants in West Virginia and other states will be required to curb emissions of toxic, cancer causing pollutants - such as ethylene oxide, chloroprene and other chemicals - under a new Environmental Protection Agency rule.
Hundreds of facilities, most located near low-income or communities of color, will also have to collect air pollution data and submit it to the EPA.
The data will also be made available to communities, which Jeremy Symons - a senior advisor with the Environmental Protection Network - said is an important tool for transparency and environmental justice.
"Not only will this action by EPA reduce these dangerous toxic air pollutants by 96%," said Symons, "but they're also going to require chemical plants to install fenceline air-pollution monitors."
Research has shown that long-term exposure to ethylene oxide and chloroprene can increase the risk of certain types of cancer, such as lymphoma, leukemia, breast cancer and liver cancer.
Children are particularly at risk.
The Biden administration says the rule will slash more than 6,200 tons of toxic air pollution each year in affected regions.
Symons, a former EPA advisor, said the rules come after years of work by local community members and environmental organizations that have sounded the alarm on the impact of deadly air pollution.
"There's been especially high cancer rates in these communities," said Symons. "So it's really significant that EPA has taken action and gone into the communities that have not been protected as much as they should be in the past."
A handful of companies in West Virginia - including Chemours, Koppers and Altivia - will have to comply with the new rules.
Investigative reporting published in 2021 by Mountain State Spotlight and ProPublica have revealed how toxic chemical pollution has harmed the state's majority Black communities.
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People working for environmental justice are rallying today at the downtown Pittsburgh headquarters of U.S. Steel, voicing their concerns to company shareholders about creating a healthier future in the Monongahela Valley region.
Japan's Nippon Steel is buying U.S. Steel for more than $14 billion.
Duquesne Mayor Nickole Nesby, an environmental-justice organizer with the group 412Justice, said the asthma rate in the Mon Valley is four to five times higher than the national average. She pointed out they're being left out of important conversations about the sale and are urging better health protections.
"We are actually gathering to demand a seat at the table," she said. "We -- the communities which have been impacted by the pollutants for decades -- have not had a seat at the table. Our voice needs to be heard."
U.S. Steel has had a presence in the Mon Valley since 1901 and currently employs more than 3,000 workers. Nesby said the sale isn't supposed to affect local employment, as U.S. Steel has said it will keep the contract as it currently exists.
U.S. Steel's Mon Valley Works, which includes the Clairton Coke Works, is the biggest coke plant in the country.
NaTisha Washington, communications manager for the Breathe Project, said the plants have a long history of breaking air-quality rules and facing complaints. She added that the plants keep getting fined for exceeding pollution limits - and even have trouble getting new permits.
"There is no transparency with the communities about these air quality days being bad," she said. "No protections, no resources like air filters, or anything that's supporting residents that are affected by these bad-air days."
Washington added that money is being put into a clean-air fund and a Community Benefit Trust. But there has been no visible improvement to community health so far. She noted many Mon Valley residents are feeling the impacts of either poor air or water quality.
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