Epa Superfund Sites Essay Research Paper ENC free essay sample

Epa Superfund Sites Essay, Research Paper ENC 1102 Ms. Hooton 28 March 1995 The Escambia Treating Company ( ETC ) Superfund Site has been mistreated and neglected for old ages ; a combination of bureaucratism in Washington and authorities intercession in Pensacola have made the state of affairs at the ETC site worse than it has of all time been. Therefore, the surrounding vicinities are wholly uninhabitable. Yet the occupants of these vicinities still live in their houses, some of which are less than 15 pess from the site itself. The Escambia Treating Company treated wood used for public-service corporation poles and foundation piles. ETC operated from 1943 to 1992. The site is located on the east side of Palafox Street, merely North of the Palafox, Fairfield intersection ( Dunham Toxics 1 ) . The company nevertheless, disolved in 1993, after failuing to follow with the ordinances of the Environmental Protection Agency ( EPA ) ( Dunham Industrial 1 ) . The Escambia Treating company was established before there was concern about what effects its activities might hold in the hereafter, and hence, small attention was taken to protect the environment every bit good as the people working at that place ( Dunham Industrial1 ) . Frank Picket, an ex-employee of ETC worked there for 19 old ages, he is besides a occupant of Rosewood Terrace. He tells narratives of the twenty-four hours to twenty-four hours operations and happenings at ETC. Harmonizing to Mr. Picket the lone safety Brantley 2 pitch the employees were issued were difficult chapeaus and steel toed boots. They were non provided with any type of gas masks to protect them from the toxic exhausts. He besides tells of coneies and Canis familiariss imbibing out of pools on the ETC site that would decease of poisoning or their hair would fall out when they came in contact with the toxic H2O. The workers at ETC suffered from skin roseolas, and several have died from malignant neoplastic diseases, TB, and bosom jobs. Mr. Picket estimates that 15 to 20 people he knew who worked at ETC died from these type of jobs. He even remembers one of the proprietors enduring from malignant neoplastic disease. Possibly one of the most distressing histories Mr. Picket describes was the method in which ETC disposed of the chemicals in the on site keeping pool. The keeping pool was a big ditch that was lined with cement and held the chemicals that were used to handle the wood. However, for the proprietors of ETC disposing of these c hemicals was much easier than one might conceive of, they merely broke a whole in the cement and allow the chemicals drain out into the environing dirt ( Interview ) . The two chief ingredients used to handle these poles were creosote and pentachlorophenol or PCP. Among the other chemicals used were dioxin, which is a bleaching agent and a signifier of Cl ; PCB s, which are besides found in paper Millss ; and asbestos, which is a known carcinogen ; every bit good as legion others ( Dunham Industrial 1 ) . After several old ages the EPA eventually shut Escambia Treating Co. down when the proprietors were unable to follow with environmental ordinances Brantley 3 ( Dunham Cleanup 1 ) . With the execution of new ordinances by the EPA, every bit good as all around stricter pro-environment Torahs taking consequence, many industrial companies were expected to clean up their musss at their ain disbursal ( GAIN Can 2 ) . I believe that the original proprietors of Escambia Treating Co. ( Charles Soules and household ) saw these alterations coming, and like smart business communities wanted to acquire out every bit shortly as possible. They did so by turning the company into a stock corporation, and finally sold all of the stock to their employees. Therefore, when the EPA came about and tried to acquire ETC to clean up their act, the shareholders were unable to make so and as a consequence the company went bankrupt. This meant that the Soules household got off without cleaning up their muss, the shareholders lost their investings, and the site remained contaminated with no hope of support for a killing. However, this all changed in 1980 when Congress passed # 8220 ; The Comprehensive Environmental Response, compensation, and Liability Act, # 8221 ; besides known as Superfund. The Act is financed by industry revenue enhancement ( GAIN Can 2 ) . Superfund was originally enacted by Congress two old ages after the ill-famed # 8220 ; Love Canal # 8221 ; incident in New York where the Hooker Chemical Co. was dumping chemical waste in to the abandoned canal and toxins were found oozing into the cellars of near by abodes ( GAIN Partisan 2 ) . The Act outlines how toxic waste sites should be cleaned up and applies merely to the most unsafe toxic waste sites in the US ( GAIN Can 2 ) . Brantley 4 Nine old ages subsequently, Superfund came to Pensacola and began # 8220 ; exigency killing procedures. # 8221 ; One wonders why it took so long for the EPA to react to this exigency. The Superfund Accelerated Cleanup Model besides known suitably as SCAM is the EPA s program of action for the Escambia Treating site. This theoretical account nevertheless, was designed for # 8221 ; low-volume # 8221 ; or # 8220 ; low-toxicity # 8221 ; sites ( Dunham Cleanup 2 ) . It was surely non designed for sites the magnitude of Escambia Treating Co. SCAM was designed to be a speedy and inexpensively process for cleaning up toxic waste sites. Some people speculate that the usage of the SCAM theoretical account in Pensacola at the ETC site was a response to unfavorable judgment that Superfund was blowing excessively much clip and money and was non doing any existent advancement ( Dunham Cleanup 2 ) . Many of the nearby occupants were displeased with the actions that the EPA took. When the occupants foremost heard that the EPA was traveling to clean up the site, they were really optimistic. However, when they saw precisely what the EPA was making, they became really concerned. The EPA had programs non merely to clean up the old equipment, leaking membranophones of creosote, and dilapidated edifices, as the occupants had hoped, but they besides intended to clean up all of the contaminated dirt ( Dunham Cleanup 1 ) . To the insouciant perceiver this likely sounds like a good program, but to the occupants of Rosewood Terrace, Oak Park, Goulding, and Escambia Arms, it was dismaying. It was dismaying because the EPA gave them no warning that the digging would stir up contaminated dust, Brantley 5 and no warning that their wellness was in danger. Furthermore, the EPA refused the aid of several ex-employees of Escambia Treating Co. in turn uping major job countries on and near the site ( Dunham Cleanup 1 ) . For many old ages occupants of Oakpark and environing countries have been enduring with unwellnesss and malignant neoplastic diseases ; yet no connexion was made to the nearby site, because no 1 had informed them of the danger they were in. Even though both province and federal bureaus had been analyzing dirt and groundwater taint since the 1970 s. However, after the EPA began excavation the abode began to see even more jobs. The toxic dust that was stirred up caused respiratory jobs, relentless tegument roseolas, and firing oculus annoyance. It is besides suspected that lasting harm may hold been inflicted, the consequences of which won Ts show up for old ages. In 1992, as a consequence of their agony, the occupants of the environing countries, every bit good as concerned members of the community began run intoing in order to set a halt to the digging. In their quest to salvage their vicinity and their lives, they discovered that the EPA had no feasible program of action. The degree of taint of the site was non determined before the undertaking was undertaken, nor was there an exigency program of action coordinated with local civil defence functionaries. In add-on, there were on safeguards taken to protect the close by occupants. Yet when this group confronted the EPA with this information, the EPA alternatively that it was nil more than an # 8220 ; olfactory property job # 8221 ; ( Dunham Cleanup 1 ) . Brantley 6 The EPA took over a twelvemonth to unearth the 260,000 dozenss of contaminated dirt that now sits covered with tarps following to mammoth cavities ( Dunham Cleanup 1 ) . The occupants were grateful when the EPA ran out of money and were forced to halt excavation, but they were non satisfied. This group of occupants finally became known as Citizens Against Toxic Exposure ( CATE ) , and are now on a run to be relocated. They besides want the ETC site to be expanded so that it will include all of the contaminated countries, including the residential countries environing the site. In add-on to this, CATE would wish to see other protective steps taken ; so that on more taint may happen elsewhere. However, they have been met with great resistance from the authorities. The EPA has even tried to sabotage CATES s credibleness by supplying # 8220 ; false reassurance # 8221 ; to both doctors and functionaries in the community. Furthermore, the EPA has made it about impossible for CATE, or anyone for that affair to obtain any information refering the site or the EPA s program of action ( Dunham Cleanup 2 ) . However, CATE discovered the consequences of proving done at the ETC site and they were amazing. Creosote and PCP were found to be at degrees of 5,000 parts per million ( ppm ) . Dioxin, which is described to as the # 8220 ; most powerful # 8221 ; carcinogen of all time studied by the EPA was found at 300 parts per billion ( ppb ) , that s 300 times the so called # 8220 ; acceptable degree # 8221 ; ( Dunham 1 ) . When in the organic structure, dioxin maps as an unreal endocrine which disturbs the hormone system. Bantley 7 This perturbation may increase the authority of natural endocrines while decreasing others. It besides suppresses the immune system. Because dioxin Acts of the Apostless as a endocrine, it can alter sexual features, metamorphosis, and generative maps. Furthermore, there has been no acceptable degree determined, even in minute measures dioxin is highly unsafe ( Dunham Industrial 1 ) . In add-on, CATE has besides discovered that the EPA would wish to incinerate the toxic sludge and dirt. This class of action is rather surprising sing that the EPA seldom if neer allows private industry to utilize incineration as a agency of disposing of waste, due to its negative impact on the environment. Even more surprising is that incineration is known to bring forth dioxins, a consequence that wholly contradicts what the EPA s supposed intent is at ETC ; that is to clean up risky chemicals, non to bring forth more. Use of incinerators at the ETC site would non merely bring forth more dioxin, but it would besides do toxins that are presently in the dirt to go airborne, leting these contaminations to distribute throughout Pensacola with greater easiness and with wider coverage than presently possible. It would besides do killing impossible ( Dunham Cleanup 1 ) . Such factors cause me to believe that the EPA has chosen this class of action because they are badly over budget. They wholly underestimated the magnitude of the site, and were non prepared to manage the state of affairs one time Brantley 8 they encountered it. Incineration in known to be one of the cheapest methods of waste disposable ; the waste is merely burned, and the ashes buried. However, there are merely a twosome of drawbacks: the first being that firing waste releases toxic chemicals into the air and the 2nd is that one time the ashes are buried, toxins continue to leach into the dirt. The EPA started exigency killing at the ETC site because of political force per unit area in Washington from environmental and public involvement groups. They wanted to make the occupation rapidly and cheaply because the EPA needed something to do themselves look more appealin g when Congress was debating the destiny of Superfund. Unfortunately, the EPA spot off a little more than it could masticate, and one time once more complete nil it set out to make. One of CATE s major concerns is offsite taint. ETC had no method of incorporating or hive awaying storm H2O overflow and ETC sent employees to nearby abodes after heavy rains to pump out contaminated H2O and spread sand over the contaminated countries on several occasions. The surface H2O overflow from the ETC site non merely distributes contaminated H2O through the backyards of next houses, but the contaminates finally find their manner into local organic structures of H2O. There have been two corroborated effects ensuing from storm H2O overflow, the first being the degree of dioxin and other contaminates on the residential sites was found to be twice that of the ETC site taint ( Dunham Cleanup 1 ) . This is most likely due to the accretion of toxins over Brantley 9 the old ages. The rain H2O rinses the contaminations from the site and onto environing countries ; hence, the degree of taint is higher in environing countries than that of the existent site itself. The 2nd consequence is that the contaminates from the ETC site have leached into the land H2O. These contaminates have formed a plume and are presently traveling Southeast toward the imbibing H2O aquifer. It has been discovered that this plume from the ETC site has joined with a plume from the Agrico Chemical fertiliser works site, another Superfund site, and both are presently headed in the same way ( Dunham Cleanup 1 ) . It is besides suspected that these contaminations will make Bayou Texar in one to three old ages. It is non yet known what the consequence of the contaminations in the bayou will be. However, they are non anticipate to be good. In add-on to this, out of the 1000000s of dollars that has been spent by the authorities on the ETC site, there has been no money spent on resettlement of the people populating next to the site. Dr. Jole Hirschhorn, a proficient adviser for Superfund was quoted as stating, # 8220 ; if the EPA determined that the taint degrees at the Escambia site were high plenty and endangering adequate to justify an expensive digging, how could it let occupants to stay populating on land instantly following to the site that was even more contaminated than the site itself? # 8221 ; This statement absolutely expresses the ideas and feelings of CATE ( Dunham Cleanup 2 ) . Hearing the grounds myself, I excessively wondered why the Brantley 10 EPA did non relocate or at least warn the occupants of Rosewood Terrace and the environing vicinities. However, the ETC site in Pensacola is merely a little portion of a much bigger job. This job, like most of our states jobs resides in Washington DC. Legislation of the Superfund act has been pledged with jobs from the beginning. Called one of the state s most dearly-won and uneffective environmental Torahs, the plan has been mismanaged and neglected for old ages. There are several jobs with the current Superfund jurisprudence: Superfund is invariably entangled in eternal judicial proceeding of who is traveling to pay for the clean up of contaminated sites ; this of class leads to surging costs in operation, something for which Superfund is ill-famed ( GAIN Partisan 2 ) . In add-on, this allows less clip for existent clean up and more clip in the courtroom. Even though the EPA has authorization to coerce defilers to pay for clean up, frequently times defilers will turn around and run up smaller companies to pay for clean up alternatively. In the 15 old ages of the Torahs being at that place has been 1,177 sites designated as Superfund state broad, with an extra 100 sites added to the list yearly, and of these 1,177 sites merely 217 have been declared # 8220 ; clean. # 8221 ; Cleanup clip of these sites norms nine old ages with an mean killing cost of $ 25 million ( GAIN Partisan 2 ) . In add-on 75 % of these sites require long term care. Brantley 11 In 1993, several House and Senate hearings were held to reform and reauthorize Superfund. Argument in the hearings was focused on four major ends: # 8220 ; 1 ) increase the rate of killing ; 2 ) cut down plan costs ; 3 ) increase the equity of the procedure, and eventually ; 4 ) defilers should pay for killing ( GAIN Can 2 ) . # 8221 ; The Superfund jurisprudence expired October 1, 1994 ; However, funding for the jurisprudence is non expected to run out until the terminal of this twelvemonth. Congress has until so to come to an understanding on precisely how to reform and reactivate Superfund. In an effort to rush up this procedure and derive a political bridgehead in Congress, the Clinton disposal introduced the Superfund reform measure to Congress in 1994. However, the measure was buried in October and did non come up once more until January of this twelvemonth ( GAIN Partisan 1 ) . Argument in Congress over the reform measure produced several amendments which were added to the House version ( HR 3800 ) . However, such amendments may compromise the measures endurance. The measure, a merchandise of the National Commission on Superfund, # 8220 ; a wide alliance of industry, environmental groups, authorities, and others organized by the non-profit-making Keystone Center of Colorado, and an disposal proposal, besides drawn up by a wide alliance # 8221 ; is a consequence of via media between the groups in the alliance. Any alterations made in Congress may ensue in members Brantley 12 of the alliance retreating their support and thereby take downing the credibleness of the measure. Clinton s reform measure promises to rush up killings by 10 to 20 % . It besides promises to cut outgos by 25 % . National killing degrees would be set for contaminates found most frequently at Superfund sites. Generic killing methods would besides be established for similar sites, and future usage of the of the land would be taken into consideration when finding how clean a site must be. The EPA is anticipating the new program to cut privet judicial proceeding costs by more than 50 % ( GAIN Superfund 2 ) . The reform measure would besides affect community militants, where they were once excluded. While the Clinton reform measure looks fantastic on paper, it is my feeling that it will non be implemented in the manners it was intended to be. All the things the measure sets out to carry through are of a good nature and purpose ; nevertheless, in Washington measures that become Torahs have a ill-famed repute despite reassurances, of bing the taxpayers more money which is about ever mismanaged and squandered on something other than its intended intent. One merely needs to look at the current Superfund measure, which was implemented with the most baronial of purposes to see the waste. I do non believe that Congress or the EPA or the authorities for that affair can efficaciously clean up toxic waste sites. I believe that lone persons who are personally effected by these toxic waste sites can coerce those responsible to take duty for their Brantley 13 carelessness. In the instance of the Escambia Treating Company, the issue of liability arises. Is the Soules household responsible for the killing of the site? Is the Soules household responsible for resettlement of the local abode, should they pay for their medical measures that have accumulated due to illnesss caused by exposure to contaminations, and should they foster counterbalance them for the dramatic loss in belongings value the occupants has suffered since their land has been contaminated? I believe that the Soules household is responsible for all of these things. While it is true that the EPA did decline the status every bit far as the abode were concerned, there would neer hold been a job in the first topographic point if ETC did non pollute the site. Furthermore since the belongings seemingly has no other proprietor than Escambia Treating, and Escambia Treating is no longer in being, the lone apt party I can happen is the Soules household themselves. While it is true that the Soules household did non have the company during its last old ages of operation, most of the taint of the site and the environing residential countries occurred while the Soules still owned ETC. It is my sentiment that the Soules household is responsible for the taint of both the site and the environing residential countries, every bit good as for the wellness jobs caused by exposure to these chemicals experienced by any of the environing abode. I feel that the Soules household is disregarding the issue for several grounds, foremost and most significantly because they can. The Soules household is non lawfully responsible for any harm caused by ETC. This is because the Soules household Brantley 14 sold all their portions in the company after turning it into a stock corporation in 1982. Once they sold their stock they were no longer apt for anything ETC did in the yesteryear or hereafter. I besides believe, based on general reaction, they merely do non care. The state of affairs is peculiarly easy to disregard because of the societal position of the Soules household in Pensacola. It is besides easy to disregard because of the societal position of the occupants of the environing vicinities. However, I do believe that despite the initial apathy towards the state of affairs, more people in the community are get downing to take an involvement and demoing some concern towards the state of affairs at the ETC site and the environing countries. They are coming to recognize that the state of affairs at ETC effects all of Pensacola and non merely the abodes of Rosewood Terrace, Oak Park, and Goulding. Hopefully this new found involvement will convey CATE one measure closer to carry throu ghing their ends. This new found involvement may besides convey to illume what the EPA has done and force people to acquire more active in authorities activities. Possibly by understanding what the EPA has done at the ETC site will do people to go funny about other governmental activities. As for the Soules Family, I do non believe that they are traveling to pay one cent for killing or resettlement. The fact that they withdrew from the corporation makes them apt for nil. Even if CATE did take legal action towards the Soules household, I do non believe they would acquire really far. Unfortunately it appears that the Soules household is traveling to acquire off scott free. What is even more Brantley 15 unfortunate nevertheless, is the fact that the lone current proprietor of the ETC site on the books is Escambia Treating Company. Due to the fact that ETC is no longer in being they have non paid their revenue enhancements for several old ages. This means that the City of Pensacola may take ownership of the site and the load of killing may fall on the taxpayers of the metropolis. Not merely has the Soules household burdened the unsuspicious occupants of Rosewood Terrace, Oak Park, and Goulding, but they may besides consequence the billfolds of every unsuspicious occupant of the City of Pensacola. It is unfortunate that those who caused the job in the first topographic point will non be those who fix it. However, the Soules household is non straight responsible for the wellness jobs caused during the EPA proceedings at the ETC site. Therefore, I believe that the EPA should relocate the occupants of the environing communities. I believe they should besides pay for any related medical disbursals. The EPA is at mistake in this case. They did non warn anyone that they would be delving, nor did they take any safeguards. It is for these grounds that I believe that the EPA should take duty in this case.