The Times Beach Chronicles

A toxic history

EMISSION CONTROL

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Feb. 1, 1995

When the silk-stocking lawyer addressed the St. Louis County Council meeting last Thursday afternoon, his delivery came across with all of the decorum of a chained pit bull.

The Council members listened, dutifully, as the fast-talking attorney unleashed his legal arguments. Two of the seven council members are lawyers themselves. A couple other are crusty union men familiar with the art of hard bargaining.
In the end, though, the threats of litigation and financial loss, failed to sway the Council’s decision to enact tough air quality requirements for the planned Times Beach incinerator. If the final version of the controversial ordinance is passed as expected this week, the County will have the power to force a multi-national corporation, the federal government and the state of Missouri to abide by local law.
That’s what all the barking was about at last week’s Council meeting and here’s why:

Syntex , the corporation liable for the cleanup of Times Beach and 26 other dioxin sites in eastern Missouri, signed a consent decree with the Environmental Protection Agency (EPA) and the Missouri Department of Natural Resources (DNR) in 1990. Although St. Louis County sought to be a party to that settlement, a federal judge nixed the idea. The terms of the consent decree, however, allow St. Louis County to issue an air quality permit before the planned incinerator can operate.

The new County ordinance would require the Times Beach incinerator to emit no more dioxin than the level specified in the EPA’s own health risk assessment published in November. The EPA said then that a worst case scenario would be the release of 0.15 nanograms of dioxin per cubic meter of air. This was based on previous tests results at another incinerator site. According to EPA calculations, the destruction removal efficiency (DRE) at that emissions level would be 99.9997 percent. This is below the 99.9999 percent DRE, or six-nines, that the EPA previously set as its standard. The EPA now maintains that achieving six-nines is only required during its test burn, which is conducted not on dioxin, but a surrogate more difficult to destroy.

Environmentalists, however, theorize that high concentrations of a surrogate could be more easily destroyed than the low-levels of dioxin found in the contaminated soils here. They point out that a safer alternative technology, Base-catalyzed Decomposition (BCD), has been tested by the EPA and found effective in destroying dioxin at a Superfund site in North Carolina. Last year, the EPA released a study that showed humans have already been overexposed to dioxin, a probable carcinogen that is also known to cause reproductive and immunological problems.

To address these public health concerns, the County ordinance would require future emissions burns meet the 0.15 nanogram standard. If the incinerator did go online, it would be periodically tested, and the burner would be shut down if it failed to meet standards.

In the wake of the County’s moves, Bob Field, the EPA project manager for the Times Beach site, expressed doubts at the Council meeting last week on whether the incinerator’s emissions levels could even be measured. He, nonetheless, reasoned that the incinerator should be fired up. “We say, let’s go ahead and test the incinerator! See what the actual emissions are, or, if we can’t actually measure the emissions, let’s find out what the detection level is. Then let’s make a determination of what the actual risk will be associated with the full scale operation of the unit,” Field told the Council.

The EPA and Syntex are now asserting that meeting the 0.15 nanograms goal would reduce potential cancer deaths to one in five million, which is, according to the EPA, excessively safe. The agency is only committed to reducing the risk to one in a million, and any higher standard imposed by the County goes beyond the federal mandate to protect human health.

In addition, Syntex and the EPA are claiming that Superfund law is exempt from local ordinances, and the consent decree precludes responsible parties from being bound by any statutes passed after the fact.
Councilman Greg Quinn, who represents the 7th district, which includes Times Beach, isn’t buying the EPA’s line.

” The CERCLA law (Comprehensive Environmental Response, Compensation and Liability Act) provides that you have to operate in accordance with federal, state and local law,” says Quinn. “What we’re trying to do is design an ordinance that would guarantee, to the greatest extent possible, the health of the population of St. Louis County. There has been the suggestion that EPA can override local law, but that’s not the way I see it,” says the councilman, who is an attorney. “The consent decree provides for the County to issue the air quality permit. It doesn’t make any sense to provide that and then say (that) federal law and the EPA’s wishes override what it says in the consent decree.”

County Counselor John Ross concurs. “Syntex was a party to the consent decree, and in the consent decree it requires that they get a clean-air permit from St. Louis County. But for that, they might have a very good argument. The standard that they (the County Council) have established is a standard that EPA used in their risk assessment,” says Ross. “An EPA official at last week’s meeting … thought it was a number that would and could likely be achieved. I think what the Council is saying is, if it was achieved at other sites then it ought to be achieved in St. Louis County.”

Edwin L. “Ted” Noel, the attorney for Syntex, couldn’t agree less. He compares the potential health risks posed by the incinerator to a traffic problem. “I don’t know that there is any difference in putting one extra truck on the highway,” says Noel, a member of the prestigious law firm of Armstrong and Teasdale. His opinion of the County ordinance is even more candid. “The federal law says we’ll never get anything cleaned up in this country, if every county, every municipality, every citizen dictates what the standards are” Local standards on dioxin emissions were “frozen” at the time that the consent decree was signed in 1988, according to Noel. Of course, there was no standard back then. If the proposed ordinance does take effect, any delays could raise the cost of the project and Syntex is prepared to sue the County for losses, according to Noel. “I think it puts the County taxpayers at a severe risk, very, very substantial dollars in terms of $500,000 a month,” Noel warned the County Council at last week’s meeting.

County Counselor Ross responded to Noel’s caveat by saying: “Let me say this to you — the threat of money damages is not a good threat to be making at this point, when you’re talking about the safety of St. Louis County residents.” Councilman James E. O’Mara then seconded Ross’s opinion. O’Mara opined that the pipefitters union, which he heads, might benefit in jobs, if the incinerator is built. “But I’d rather spend $500,000 a month of the county’s money than to know that I could have saved a life and not saved it.”

The Council concerns haven’t softened the EPA’s position, however. “The federal law requires that the agency determine what is necessary to protect human health and the environment and (after) that determination is made anything above or beyond that is sort of on the ticket of whoever required it,” says Martha Steincamp, the legal counsel for Region VII of the EPA. “In this case, if the County has things that are over and above what we think are necessary, … they’re going to have to pay for those,” says Steincamp. The EPA counsel says the allowable emissions level that the EPA intends to set is still undetermined. “We won’t know what the number is until the risk assessment is final. Right now we’re still in the public comment phase.”

Meanwhile, the deadline for public comments on the DNR’s draft permit for the incinerator expires in the first week of February. This month, the DNR, EPA and Syntex have been making public pitches to gain support for the incinerator.
Others, including a coalition of environmental groups, are working diligently to stop the incinerator from operating.

U.S. Rep. Jim Talent, the Republican congressman from the district that includes Times Beach, asked the General Accounting Office (GAO) last week to investigate the incinerator project. Talent’s written request was co-signed by chairman of the House Appropriations subcommittee that controls EPA funding.

Steve Boriss the Missouri congressman’s press secretary had this to say about St. Louis County’s efforts. “Talent supports any action that slows this thing up long enough for him to complete what he attempted to do in Congress last session, which is put a rider on the Superfund reauthorization that would require that the Times Beach incinerator could not proceed until alternative technologies have been explored.”

 

BAD RIDDANCE

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Dec. 28, 1994

When Cindy Taykowski was 11years old, Sen. John C. Danforth announced that the Environmental Protection Agency was then testing a promising new method of ridding soil of dioxin. The process involved spraying contaminated areas with a mixture of sodium hydroxide and polyethylene glycol.
Danforth told the press then that the treatment had already successfully destroyed polychlorinated biphenyls (PCBs), a dioxin-related toxin. The tests results were due back from the federal agency’s Risk Reduction Engineering Laboratory in Cincinnati in 45 days.

That was 12 years ago.

The EPA never followed through with the potential treatment for some reason. Although other alternative methods of dealing with dioxin contamination now exist, none of the current alternatives are under consideration either.
Instead, the EPA and the Missouri Department of Natural Resources (DNR) are backing the incinerator plan of Agribusiness Technologies, a subsidiary of Syntex USA, the party found legally liable for the cleanup of the more than two dozen dioxin sites in Eastern Missouri, including the Times Beach, where the incinerator is to be located. The DNR director David Shorr signed a draft permit to allow the incinerator on Dec. 17.

Danforth, who retired from the Senate at the end of the congressional session, never publicly re-entered the debate that has developed over the issue in the past year. The former senior senator’s disquieting silence continues to be echoed by other statewide officer holders including, fellow Republican U.S. Sen. Christopher “Kit” Bond and Democratic Gov. Mel Carnahan.

The silence of Missouri’s highest officeholders is an indication of their tacit approval for the project , and comes despite mounting evidence as to dioxin’s dangers by the EPA itself. An EPA study released earlier this year states that dioxin is a potential human carcinogen and is responsible for immunological and reproductive health problems.

Taykowski, a member of the Times Beach Action Group, is one of the young environmentalist who oppose the construction of the incinerator. The activists have expressed concerns that the dioxin incinerator will not eliminate dioxin, but, only redistribute it through air-borne emissions. Their views have found a degree of support from locally elected officials, but no direct legislative actions have been initiated. If a local ordinance is not passed soon it may be too late to stop the construction of the incinerator.

The draft permit issued by the DNR allows a 45-day public comment period. Last Tuesday, Taykowski sat quietly in the gallery at the St. Louis County Council meeting. She had arrived five minutes too late to sign up to address council, she says. Those who were allowed to speak to the council on the issue included the Agribusiness Technologies spokesman Gary Pendergrass and Edward L. Noel, an attorney for Agribusiness.

Acting Council chairman John R. Shear of the 1st District then stated that legislation was being introduced at the meeting regarding the incinerator. Shear motioned that the Council, as a whole, consider the pending legislation later in committee. The motion was seconded by Councilman George M. Corcoran, Jr. of the 2nd District.

At the preceding meeting, the County Counselor John Ross argued that any local ordinance would be invalid due to the consent decree signed by the EPA and Syntex. The County lawyer’s opinion comes despite the fact that the Comprehensive Environmental Response Compensation and Liability Act or Superfund law clearly states that any federal decisions must adhere to local laws.
The three proposed ordinances that have subsequently been drawn up by Ross, were introduced at last week’s council meeting by Councilwoman Deborah Kersting of the 6th District, and Councilman Gregory F. Quinn, whose 7th District includes Times Beach. Quinn could not be reached last week because he was out-of-town for the holidays.

None of the proposed laws are acceptable, as they now stand, to those opposed to the incinerator, says Don Fitz of the Gateway Green Alliance.
“The … thing that we ask for is a very simple ordinance saying you cannot build a hazardous waste incinerator on a floodplain in St. Louis County. That would end the issue real quick,” says Fitz.

But barring that possibility, the County Council should force the EPA to at least demonstrate the ability to burn the dioxin, which is present at Times Beach and other Eastern Missouri locations, at the 99.9999 percent destruction removal efficiency (DRE). As it now stands, the so-called six nines guideline applies only to a surrogate material that the agency deems more difficult to burn than the dioxin itself.

“They never specify that the test burn has to use dioxin,” says Fitz. “They only specify six-nines DRE (destruction removal efficiency). So consequently the DNR and the EPA are free to say, `We met the county ordinance requirements.’
“The ordinance should have a six-nines on dioxin and no surrogates allowed,” says Fitz.

“The other thing, which is even more important than that, is that repeatedly we asked that the ordinance specify that a hazardous waste incinerator has to use the targeted material,” says Fitz.

This would mean that the test burn would have to accomplish the six nines rule using the same concentrations that would occur in the soil to be burned.
Fitz fears that without this strict guidelines, the EPA will spike” the surrogate test-burn material with more dioxin in order to reach the accepted six-nines level of destruction. “It’s easier to destroy dioxin, if you have it in high concentrations,” says Fitz.

The proposed ordinances, as they are currently written, or worse than none at all, in Fitz’ view.

The latest moves by the EPA and DNR have coincided with the holidays. During the Thanksgiving week, the EPA released its site-specific risk assessment, which estimated that the incinerator operation would result in no more than one additional cancer death.

The Friday following Thanksgiving, Taykowski and fellow TBAG member Tim Schmitt were stopped by Eureka police, after they took photographs of a banner that had been draped over a billboard along Interstate 44, across the highway from the incinerator site. The banner, which express opposition to the incinerator plan and directed criticism at Gov. Mel Carnahan, had been placed there by unknown members of TBAG.

“We pulled up around 8:30 in the morning to take some pictures, off of Willliams Road” says Taykowski. “The police were immediately there,” she says.
At the time, the Taykowski and Schmitt were told they could be issued a summons for trespassing anytime in the next year.

It took less than a month for the pair of activists to be notified. By coincidence, of course, Taykowski and Schmitt received their summonses on Dec. 16, the same day that the DNR issued the draft permit to allow the incinerator to be built.

DEEP-SIXING THE SIX-NINES

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Nov. 30, 1994

The Cat in the Hat appeared near Eureka last Friday morning, and his visit had nothing to do with the opening of the Christmas shopping season.

The Dr. Suess character greeted motorists from a billboard at the Williams Road entrance to Interstate 44. Members of the Times Beach Action Group (TBAG) had scaled the sign and draped a banner, which also included the message: “We don’t like your burner plan, we don’t want it Carnahan.” The rhyme refers to Missouri Gov. Mel Carnahan’s support of the proposed Times Beach dioxin incinerator.

By the time the Sunday St. Louis Post-Dispatch began thudding on lawns, the Cat had been shooed. In his place, at the bottom of the editorial page, was the newspaper’s latest endorsement of the plan to burn 100,000 cubic yards of carcinogenic dioxin-contaminated waste at Times Beach.

The editorial followed the release of an Environmental Protection Agency risk assessment, which estimates that resultant dioxin emissions from the proposed incinerator would, at most, cause only one more cancer death per million people. The Missouri Department of Health (MDOH) appears satisfied with the EPA’s projections. Gale Carlson a MDOH was not available for comment over the Thanksgiving holiday, and was in route to Times Beach at deadline on Monday. The Missouri Department of Natural Resources (DNR) now stands poised to issue the requisite permit.

With Syntex — the company liable for the $161 million Superfund cleanup — steering the project into the fast lane, the Post-Dispatch appears to have jumped into the backseat like a cheerleader sandwiched between two linemen. The weight of the DNR and EPA and the respected reputation of the newspaper would seem, at first glance, to be enough to counter the terse objections of a cartoon cat flapping in the wind. That’s why it’s worth slowing down to take a better look at the details.

Detail number one: the six-nines boo-boo

“I’ve read a lot of things in the Post-Dispatch and heard a lot things from the government. … I don’t trust a damn thing they say, and I don’t think we should,” says Steve Taylor, a founder of TBAG. Taylor is critical of a Post Dispatch editorial last month, which carried the headline — The 99.9999 Percent Solution. According to federal guidelines, before dioxin can be incinerated the EPA must conduct a test burn of a surrogate material that achieves a destruction efficiency of 99.9999 percent. It is referred to as the six-nines rule. In it’s October editorial, the Post-Dispatch wrongly stated that: “If the surrogate burn is successful, then a small amount of dioxin would be burned, and that test too must meet the six nines standard.”

At a St. Louis County Council meeting on Oct. 20, Bob Field, the EPA project manager at Times Beach, gave a different view of the six-nines rule. What follows is a verbal volley between County Councilman Greg Quinn and Field:

Greg Quinn
“There was recently an editorial in the Post-Dispatch saying that the incinerator would not be permitted unless it could achieve the six-nines. … Is it true the DNR will not issue the final operating permit for the incinerator, if it fails to achieve the six-nines level?

Bob Field
” …Only on the surrogate. I believe that was a misprint or some other mistake that appeared in the Post-Dispatch. I’m familiar with the article.The mistake was that the editorial stated, as I read it, that the incinerator must issue six-nines DRE (destruction removal efficiency) for dioxin itself. That’s not true.

“So it could be less than the six-nines destruction for dioxin and the incinerator would still be able to operate?”

“The DRE for the dioxin will not be measured … because it is not pertinent to the safety of the unit. As I’ve explained before, what’s important from a safety stand point is how much dioxin is emitted from the stack. The regulatory requirement is to measure the DRE of the surrogate, and we’re going to comply with the regulation. …”

“After the surrogate test burn, will the level of dioxin incineration be measured to see if it is achieving the six-nines level?”

” Not for the purpose of seeing if it achieves six-nines. It will be measured to see if it is safe. …”

So the catch is the six-nines rule doesn’t apply to dioxin, but only its surrogate. “They don’t seem to be compelled to follow any standards,” says Taylor. “If you don’t have a standard that you are legally obligated to operate at, why should we allow it to proceed?”

Detail number two: saying no to BCD at Times Beach

In June, the EPA selected base catalyzed decomposition to remediate the Koppers Inc. Superfund site in Morrisville, N.C. The decision to use the alternative technology came even though the agency had previously chosen to incinerate the dioxin and another toxin. Fifteen tons of contaminated material were successfully treated by BCD during tests in 1993.
On July 21, E. Timothy Oppelt, the director of the EPA’s Risk Reduction Engineering Laboratory, sent a memorandum to Region VII of the EPA. The Times Beach cleanup is within Region VII’s jurisdiction.

“We believe given the characteristics of the soils at Times Beach, the BCD process will be able to remediate site soils,” wrote Oppelt.

The memo admits BCD technology has problems destroying plastic and rubber and that the dioxin-contaminated soil at Times Beach is stored in plastic bags. The thrust of the memo, nevertheless, is that BCD will work at Times Beach.

By September 20, however, Oppelt recanted. Further study found not only that non-soil materials would require incineration, but that soil differences, at the 27 other eastern Missouri dioxin sites, could pose problems. “The technology has not been proven at full scale and would likely have to undergo extensive testing prior to the acceptance by the agency at this site,” Oppelt wrote.
What had been an applicable technology two months earlier was suddenly trashed by the same official. In the memo, Oppelt also failed to mention the success of BCD in North Carolina.

“As you see from the EPA memos, there is something very fishy going on,” says Taylor “Looking at the situation, with the national trend away from incineration, with the decision to use BCD in other states, we have a hard time trusting their facts and figures. … The EPA and DNR have no credibility on this issue. We’d like to see a congressional investigation.”

Detail number three: Union Electric’s burning desire

A motorist on Interstate 44 need only travel a few exits past Times Beach to reach a pre-existing air pollution source that is capable of belching dioxin.

Since 1981, the Union Electric (UE) power plant at Labadie, Mo. has been burning polychlorinated biphenyls (PCBs), a dioxin-related chemical. So far 4.5 million gallons of PCB-contaminated oil have vaporized up the stacks. PCBs were formerly used in electrical transformers before being banned. The UE plant falls outside the five-kilometer area of the Times Beach risk assessment but, the wind doesn’t necessarily heed the arbitrary boundaries of a federal study.

“There are no discernible concentrations of dioxin emitted by the stacks,” says UE spokeswoman Susan Gallagher. “That’s largely because at the temperatures the boilers burn at there is a full and complete destruction of PCBs and its byproducts.” But Mark Guy, a Gateway Green Alliance environmentalist who has knowledge of the plant, doubts that UE’s emissions record is quite so clean. He says that the problem lies not in the boiler, but in the air pollution device itself, electro-static precipitator. “Pat Costner, head chemist for Greenpeace, calls electro static precipitators dioxin creators, says Guy. “The pollution control system for boiler four — the one that burns the PCB material — is not discernibly different than the pollution control devices on the boilers that do not burn PCB material.”

Earlier this year, the EPA reaffirmed the health dangers posed by dioxin. The list includes not only cancer, but maladies of the immune and reproductive systems. According to the EPA’s own study, “evidence suggests concern for the impact of these (dioxin-related) chemicals on humans at or near current background levels. In other words, the general population already may be overexposed. Now the same agency has declared that the Times Beach dioxin incinerator will raise the chances of death by only one-in-a-million.

The Cat in the Hat would most likely appreciate the audacity of such a fanciful claim, but Taylor of TBAG isn’t making any bets based on those odds. ” I guess it’s not hard to come up with a risk assessment that says this incinerator is alright — when you do your calculations based on everything working perfectly.”

THE NEVER-ENDING NIGHTMARE:

Dioxin continues to haunt Mark Little and his neighbors on North Second Street

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Sept. 21, 1994

As dusk gathered on North Second Street last Friday,
Mark Little leaned on a post in his front yard and
talked about the past week. "It's been a never-ending
nightmare. All I know is, I'm getting screwed from the
insurance company all the way down. This is the day
they're doing something."
     Little, a 32-year-old pipefitter, was born and
raised on this block. Over time, he has watched the
neighborhood change. There are more vacant lots now,
fewer children playing in the street, but somehow he
never thought it would get this bad.
     A lot of stuff goes through your mind when you grow
up with it," says Little, taking a drag off a Marlboro
cigarette. In the fading light, he has cocked his
Chicago White Sox baseball cap high on his forehead. As
he reflects on his fate, Little occasionally gazes at
the nearby source of his problems.
     There are rust warning signs posted on the cyclone
fence across the street. The property was once the
location of the former East Texas Motor Freight Co., one
of 27 dioxin sites in Eastern Missouri, according to the
U.S. Environmental Protection Agency. Dioxin has long
been considered the most toxic manmade chemical.
     The site is among a handful of former truck
transfer terminals in the city that waste oil hauler
Russell Bliss sprayed with dioxin-contaminated oil in
the early 1970s. The EPA took soil samples at the site
and the surrounding area seven or eight years ago,
including dust from inside Little's vacuum cleaner, he
says. But he didn't hear from the agency again until
last week.
     Late on the night of Sept. 9, a water main up the
block from Little's old brick bungalow broke. The
ensuing deluge forced dioxin-contaminated soil into the
street and onto his property. The Helping Hands
Recycling Center, an employer of disabled persons at
4205 N. Second , was also affected.
     The EPA didn't arrive to begin testing until the
following Monday morning, says Little. On Tuesday the
agency returned to take more samples. At that time, the
EPA informed him that dioxin in his basement was above
acceptable levels, Little says.
     A spokesperson for the agency told The Riverfront
Times late last week that "the highest hit we had was a
composite sample of 2.8 or 2.4 (parts per billion). Our
action level in a residential area is 1 part per
billion." So the EPA's cleanup of the site has been
limited. One of Little's neighbors, for example, told
the RFT  that the only action taken to remove
contaminated dirt from nearby Douglass Street was to
wash it down with a hose. 
     Little is confused by the EPA's unexplained levels
of contamination and disturbed by their slow response.
The pipefitter has already lost a week's wages and has
been forced to live without gas or electricity, he says.
In addition, his insurance company refused to pay
because it ruled the accident a flood.
     Last Friday evening, a cleanup truck was parked in
front of Little's house, and plastic hoses snaked
through the yard and into the basement. By Sunday, the
EPA's work had been completed, a week after the accident
occurred. But the operation was far from unflawed ,
according to Little.
Over the weekend, dioxin-contaminated articles, which
had been removed from his basement and placed in
dumpsters, were carted off by scavengers, he says. "Half
the people in the neighborhood are picking through it,"
says Little. "Hell, I watched them take my washer and
dryer. Nobody did a thing about it."
     The emergency response on Second Street came only
two days before the release of a long-awaited EPA
reassessment of the dangers of dioxin. That report
reaffirms that the substance is a potential human
carcinogen and in addition, causes damage to the
hormonal, immune and reproductive systems.
     The EPA is now suggesting this latest incident is
yet another reason to proceed with the construction of a
dioxin incinerator at Times Beach. That plan has been
strongly opposed by both environmental activists and
elected officials. They say that incineration itself
produces dioxin and that the current technology is
incapable of meeting the EPA's own stringent standards.
     According to the terms of the 1990 consent decree
for the Eastern Missouri cleanup, the liable party,
Syntex Agribusiness Technologies, agreed to pay $118
million to dispose of the dioxin-tainted dirt. That
agreement, however, is contingent on the use of
incineration. Because of this, the EPA and the Missouri
Department of Natural Resources have thus far refused to
consider what may be a safer alternative technology
already accepted for use at another EPA dioxin site.
Earlier this year, the EPA amended its decision of
record at the Koppers Superfund site in Morrisville,
N.C. in favor of a disposal method called base-catalyzed
decomposition (BCD). Prior to testing, the agency had
selected incineration as the preferred method of
treatment at the North Carolina site.
     Meanwhile, back on Second Street, Little wonders
about his future. "They're saying after they get this
cleaned up it's OK," says Little, referring to the EPA's
reassurances. But he has his doubts. "Who says the
government testing is right? Who's check on them? Who
knows what it is going to do to me in years to come? he
asks.

Little's concerns are warranted. Last year, the family
of the late Alvin J. Overmann collected a $1.5 million
settlement in a dioxin case that began in 1988.
Overmann, a St. Louis Teamster, died in 1984 of soft
tissue sarcoma, a rare cancer associated with dioxin
exposure. He had been employed at Jones Truck Lines, one
of the St. Louis truck terminals sprayed in the 1970s.
The tainted oil was provided by Bliss Oil Co., which
sold it as a dust suppressant. The Overmann case was
settled out of court at the same time as 400 Times Beach
cases. The defendants in the case included Syntex USA,
Syntex Agribusiness, Northeastern Pharmaceutical and
Chemical Co., (NEPACCO) and Independent Petrochemical
Co. (IPC).
     In the early 1970s, Bliss worked as subcontractor
for IPC. IPC was in charge of disposing of dioxin from
NEPACCO's Verona, Mo. plant. The dioxin was an unwanted
byproduct created in the manufacturing of
hexachlorophene, an antiseptic. NEPACCO leased its
facility from Hoffman-Taff, a chemical company that
produced a component of Agent Orange at the same
location. Agent Orange was a defoliant used in the
Vietnam War; it also contained dioxin. Syntex later
bought Hoffman-Taff. Bliss disposed of 18,000 gallons of
the dioxin from the Southwest Missouri plant by mixing
it with waste oil and  spraying it on unpaved roads,
stable and truck terminals in Eastern Missouri.
     In a case predating Overmann's that is pending in
St. Louis Circuit Court, 52 plaintiffs are suing Bliss,
Syntex, IPC, NEPACCO and others. The suit was brought by
other Jones Truck Line employees or their surviving
family members. The plaintiffs are seeking at least $5
million each.
     Computerized records at the St. Louis Circuit Court
Clerk's office still list the suit Henningsen vs. IPC,
as being dismissed in 1990, even though it was
reinstated more than eight months ago. According to a
hard copy of the state appeals court decision, then
presiding Judge James J. Gallagher improperly removed
the dioxin case and other civil suits from the docket
for failure to prosecute. The plaintiffs' attorneys were
not informed of the court action for more than a year.
"The (dismissal) letter was faxed to the (circuit court)
clerk's office in St. Louis and appears to have  been
misplaced," says Glenn Bradford, an attorney who
formerly represented plaintiffs in the case. At the
time, Mayor Freeman Bosley Jr. was the court clerk.
     The potential for further litigation still exists.
In 1983, a study by Teamster Local 600 estimated that
700 workers were employed at three of the truck
terminals that were then confirmed dioxin sites.  Health
problems associated with dioxin exposure can often take
decades to develop.
     To protect their interests, IPC hired the law firm
of Lewis, Rice and Fingersh, the same partnership that
represents the Pulitzer Publishing Co., owner of the St.
Louis Post-Dispatch .
     Syntex, on the other hand, has been defended by the
silk-stocking firm of Armstrong and Teasdale.
     Syntex, the liable party for the cleanup of the 27
dioxin sites in Eastern Missouri, has an interesting
corporate history. The company was formed in Mexico City
in 1944 and is incorporated in Panama. The founder of
the company, Penn State chemist Russell Marker,
synthesized the sex hormone progesterone from the roots
of the barbasco plant. That plant is native to the
jungles of southwestern Mexico. In the 1960s, Syntex
made a fortune in the burgeoning birth-control-pill
market.
     Last month, Syntex was purchased for $5.3 billion
by Roche Holdings, a Swiss pharmaceutical conglomerate
that is branching out into biotechnology and genetic
engineering. The company behind Roche, Hoffman-La Roche
also made the hallucinogenic drug quinuclidinyl
benzilate (BZ) at its Nutley, N.J. factory and provided
it to the Army for testing.
     In 1976, an explosion at a Hoffman-La Roche
chemical plant in Seveso, Italy, caused widespread
dioxin contamination,. New studies have found increased
rates of leukemia, lymphoma and liver cancer among
people exposed to the dioxin.
     Consider this: A drug dealer that is responsible
for one of the world's worst environmental disasters has
just purchased the cleanup rights to Times Beach.

HELLO, MY NAME IS …

BY. C.D. STELZER

first published in the Riverfront Times (St. Louis), Aug. 3, 1994

The anti-dioxin movement is made up of a coalition of
groups and individuals from anarchists to middle-aged
housewives. Here's a few samples of those who attended
the conference:

Billie Elmore is a North Carolina activist who stopped
a German corporation from building an incinerator in her
state despite its ties to the governor. She opposed 17
incineration sites from 1988 to 1993. The incinerator
builder, ThermalKEM, finally gave up, but not before
spending $4 million, said Elmore. "No incinerator was
built, and never will be (that's) guaranteed," she said.

Bob McCray, a Globe, Ariz. resident, was exposed to
dioxin in the `60s, when the U.S. Forest Service sprayed
the area where he lives with Silvex, Dow Chemical's
brand name for Agent Orange, the defoliant used in
Vietnam. "I lost my last neighbor to cancer about three
weeks ago," said McCRay, who has soft-tissue sarcoma
himself. Dow later settled out of court with Globe
residents.

Estaban Cabal, 35, is a councilman in the town of
Rivas near Madrid. Cabal and other members of the
Spanish Greens Party were instrumental in stopping a
proposed waste incinerator in their community. In 1992,
more than 6,000 people participated in a March against
the proposed facility.

Peter Montague, publisher of Rachel's Hazardous Waste
News, is being sued by W.R. Gaffey, a retired Monsanto
epidemiologist, for libel. The suit is over the 1990
report of an allegedly fraudulent dioxin study. The
trial in federal court here has been delayed because a
lawyer that once represented Montague now works for the
firm representing Monsanto. It is now set for January.
When asked why Gaffey only sued him, even though others
reported the same story, Montague said: I thought about
that four years. I really don't know. At the time, I
think I had 20 or 25 readers in Missouri. It's strange."

Liane Casten, a freelance journalist from the Chicago
area, told the conference: In 1965 Dow Chemical
conducted a series of experiments on prisoners in
Homesburg (Pa.) Prison. The EPA found out about this in
the `70s. When the prisoners came forward, the EPA found
massive reasons to destroy evidence."

Janette D. Sherman, a physician from Alexandria, Va.,
asserted the EPA aided Dow Chemical in withholding
information on Dursban, a commercial pesticide. The EPA
conferred with Dow on the matter twice, once in 1989 and
again in 1991, Sherman said. "I filed three Freedom of
Information Act requests to get this information. I just
want everybody to look at this because Dursban varies
very little from 2,4,5-T (a dioxin), with the exception
of the nitrogen on the central ring."


Charles Sitton of Fenton, a member of the Vietnam
Veterans of America, served in the war in 1965 and 1966.
During his Navy tour, he navigated a river in an area
sprayed with Agent Orange. The defoliant contained high
levels of dioxin.

Afterwards, the Navy discharged him for anemia and
kidney problems. In 1980, he contracted myeloma, a bone
cancer. Last year, the Department of Veterans Affairs,
recognized the disease as a service-related illness. "I
wasn't supposed to live past 1986," said the veteran.
"My wife didn't tell me until a few months ago."

Sitton is concerned about the effects his exposure
may have on his children and theirs. He also said he has
nerve damage. To demonstrate, he pulled out a pocket
knife and scratched and jabbed his forearms with the
blunt end of its screwdriver blade. Blood began
trickling down one arm. 
    
He didn't flinch.

COMMONER CAUSE

BY. C.D. STELZER

first published in the Riverfront Times (St. Louis), August 3, 1994

White noise, faint piano notes and Nina Simone's voice
all bled through the audiotape, obscuring much of my
recording of Barry Commoner's speech and making a full
transcription of it impossible. But last Saturday, 
hundreds of environmentalists, unencumbered by jazz or
technical difficulties, heard the biologist's message
loud and clear.
     Commoner gave the keynote address at the Second
Citizens' Conference on Dioxin, which was held at
Tegeler hall on the St. Louis University campus.
     The Environmental Protection Agency's draft
reassessment on dioxin, due to be released this month,
reinforces what Commoner and other scientists at the
conference have warned for decades.
     "The report acknowledges that we have all now been
sufficiently exposed to dioxin to worry about the
various effects that have already occurred," said
Commoner, 77, a former Washington University professor
and presidential candidate.
     "Stated more simply: The general spread of dioxin
and dioxin-like chemicals in the United States today has
already exposed the entire population to levels that are
extremely toxic," Commoner said.
     Dioxin is a likely carcinogen, and is now suspected
of increasing susceptibility to disease and of damaging
the immune system and sexual and embryonic development,
according to a summary of the EPA report leaked earlier
this year.
     More alarming perhaps is scientific evidence that
these ill effects are passed to future generations.
"What this does is to raise a profound moral issue about
the toxicology of dioxin," said Commoner. "Any parent
raising a child is intimately concerned about their
ability to do it well. Dioxin is a threat to that
ability."
     Because of this, Commoner supports the move to ban
chlorine-based chemicals that create dioxin as a
byproduct. "Not a single chlorinated compound has been
found to be natural," Commoner said. "The chemical
industry has violated this biological taboo, and we are
all paying dearly for this transgression. ... The
chemical industry must drastically change its methods of
production and where necessary halt -- beginning with
the elimination of chlorine.
     "The (chemical) industry will use its enormous
wealth and political power to resist such change,"
cautioned Commoner. "Chlorine is essential to at least a
third and maybe half of the processes that the chemical
industry now carries on. ... It means an enormous
restructuring."
     But the scientist is optimistic that other
affiliated corporate sectors will pressure the chemical
industry because of their own potential financial
liability. Chlorine-based petro-chemical manufacturing,
which has developed since the 1940s, is tied to a wide
array of other industries, including pesticides,
herbicides, paints, solvents, plastics and waste
incineration.
     I think we are on the verge of beginning to win
this battle," said Commoner, gripping the lectern as he
has done so often in the past. He began teaching at
Washington University in 1947 and became involved with
the dioxin  issue in the 1970s. Commoner ran for
president in 1980 on the Citizens Party ticket. The
following year, he joined the faculty of Queens College.
The biology professor with the shock of white hair and
bushy eyebrows has been called the "Paul Revere of
ecology," but he doesn't claim credit for any future
victory.
     "What brought us to this point," said Commoner, "is
the environmental movement at its powerful grassroots:
the newest campaigns against trash-burning incinerators,
... the struggles at Times Beach and Love Canal, the
campaign for justice for the veterans exposed to Agent
Orange."
     
Steve Taylor, a local organizer of the dioxin
conference, may have been too busy to hear Commoner's
accolade last Saturday. His hectic week began Tuesday,
when he walked into the ST. Louis County government
center on Clarkson Road in West St. Louis County
carrying a briefcase and Exhibit A -- a Duraflame log.
     Taylor 30, had been issued an air-pollution
nuisance summons by the St. Louis County Police
Department on May 28 for burning a Duraflame log near
Eureka (Mo.). On that evening, members of the Times
Beach Action Group (TBAG) and the Gateway Greens had
assembled on a bluff overlooking I-44 to protest the
planned Times Beach dioxin incinerator. They unfurled a
banner that read, "Stop EPA Lies -- No Incinerator." The
Missouri Department of Natural Resources (DNR) and the
EPA have refused to halt the project despite the passage
of a non-binding referendum against the incinerator and
opposition by both the district congressman and the St.
Louis County Council. the incinerator is being built
after a consent decree was signed by the EPA, DNR and
Syntex, the company held responsible for the cleanup.
     The irony of being cited with an air-pollution
violation while opposing a dioxin incinerator wasn't
lost on Taylor. "One of the things that they're burning
down at Times Beach is the idea of representative
government," he said. "When it comes to the redress of
grievances, everyone's been left out of the consent
decree other than the Missouri Department of Natural
Resources, the EPA and Syntex..
     When Taylor showed the fake log to the judge and
explained the situation, she wisely dropped the charges.
Others have been listening lately, too. Rep. James
Talent has recently proposed an amendment to the
Superfund reauthorization bill that would call for a
moratorium on the Times Beach incinerator until a
government study of health and environmental risks is
completed.
     The woman who wants Talent's job has also talked to
Taylor.  Margaret Gilleo, the leading Democrat in
Tuesday's primary, collared the activist last Saturday
on the plaza outside Tegeler Hall. Gilleo asked him
whether he was interested in working the polls. But
electoral politics are not the forte of the former Earth
First! activist.
     Taylor later caused a minor stir at the conference
when he helped hold up another banner that said, "Smash
the EPA." At the time of the incident, Dwain Winters,
the director of the EPA's Dioxin Policy Project was on
stage.
     On Sunday night, Gov. Mel Carnahan was burned in
effigy at the site of the previous TBAG and Gateway
Greens protests. The anonymous telephone caller who
reported the action to an RFT reporter identified
himself as "Deep Throat of the Second Citizens'
Conference."
     The voice sounded familiar.

FIGHTING FIRE WITH FIRE The torching of an environmentalist’s home

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), July 22, 1994

There will be many questions asked this week, when the Second Citizens’ Conference on Dioxin convenes at Saint Louis University on Thursday.

The inquiring ranks at the four-day gathering will be comprised of more than 100 scientists, environmental activists, former Times Beach residents and Vietnam veterans exposed to Agent Orange. Big names like Retired Adm. Elmo Zumwalt Jr. and Barry Commoner, the former Washington University ecologist, are among the scheduled speakers.

Fewer people outside of the environmental movement may have heard of Pat Costner, but the 54-year-old chemist will also address the conference. Costner is the research director of Greenpeace’s U.S. Toxics Campaign. For the past eight years, she has been providing the technical answers that have stoked the environmental group’s fiery opposition to dioxin-generating incinerators.

The point at which science, politics and business intersect can be a volatile one. Costner, who lives near Eureka Springs,Ark., knows as much. She also knows there is no pat answer or formula that will reveal who torched her house on March 2, 1991.

“The night my house burned down, I went to town to visit a friend,” recalls Costner. “I came home and it was gone. It was burned totally to the ground. I can’t tell you how you feel at a time like that. I sat out here by myself, for I don’t know how long.”

The Arkansas Gazette reported that Costner’s “house was valued at $25,000, but only her computer equipment and office materials were insured.” But that’s not all that turned to ash.

“I probably had one of the larger technical libraries in the environmental movement,” Costner says. The irreplaceable books and technical papers took 30 years to accumulate and minutes to destroy. Costner’s will to employ her expertise remains unsinged. Her knowledge is based on years of experience within the industry she now opposes. Earlier in her career, the scientist worked for both Shell Oil and Arapaho Chemicals, a subsidiary of Syntex.

At the time of the blaze, Costner planned to publish a book based on five years of research into toxic waste incineration. Ironically, she had entitled her work Playing with Fire.

“We had arson investigators who said that my office burned at temperatures that were five or six times hotter than a normal house fire. They sent samples of the ash off to have it analyzed and found traces of an accelerant,” says Costner.

The evidence strongly suggests that her office and library were the targets of the arsonists. “It was a professional hit. It was not just somebody who wandered by with matches, says Sheila O’Donnell, a private investigator hired by Greenpeace.

The alleged attack against Costner is one of many acts of violence that may have been perpetrated against environmentalists in recent years. “I know that some of these attacks have been very well orchestrated,” says O’Donnell. The Center for Investigative Reporting has counted 124 credible cases in 31 states since 1988. Among them is the 1989 car bombing of Earth First! activists Darryl Cherney and Judi Bari in Oakland, Calif.

Costner estimates her efforts were instrumental in shutting down at least six hazardous waste incinerators in the year or so before her house burned. In most, if not all, of these cases, the Greenpeace scientist says she engaged in debates with incinerator proponents and government officials. In 1989, for example,Costner’s testimony helped block a multi million-dollar incinerator slated for the Kaw Indian reservation in Oklahoma. WasteTech, the proposed builder of the project, is a subsidiary of Amoco Oil, according to the San Francisco Bay Guardian.

Despite the personal set back, Costner has continued to fight the Vertac incinerator, an Environmental Protection Agency Superfund cleanup. The dioxin-contaminated waste at the Jacksonville, Ark. site was left over from the manufacture of Agent Orange, a defoliant used in the Vietnam War. The struggle by Costner and others to halt the burning of the waste has been supported by three decisions handed down by U.S. District Judge Stephen Reasoner. In each instance, however, the 8th Circuit Court of Appeals in St. Louis has overturned his rulings.

Although the arson case remains unsolved, O’Donnell’s investigation uncovered some interesting leads. “We located witnesses who said there had been three different incidences of thugs coming to town looking for Pat,” says O’Donnell. About six weeks before the fire, Costner says a local woman had warned that a man had inquired about her whereabouts. Two weeks later, customers at a Eureka Springs restaurant reportedly overheard Costner’s name come up in a conversation between two men. One of the strangers allegedly bragged of being trained at Quantico,Va., which is both the headquarters of the Marine Corp Combat Development Command and the FBI training center.

After the fire, Costner immediately pulled in a house trailer and set about having her home rebuilt. She makes no secret of where she lives. From St. Louis, head down I-44 to Springfield and veer onto U.S. 65. Keep driving past Branson. Past Andy William’s Pepsodent smile, past the other giant billboard images of Tony Orlando, Bobby Vinton, Wayne Newton and Mel Till-ill-is. Then head southwest across the Arkansas line,where straightaways are memories and the oak and hickory roots run deep under the roadbed. Outside of Eureka Springs, turn off Route 23, the faint gray line on the road map, and go down a dirt road a piece.

“I have 135 acres and I live plunk out in the middle of it.

“This is my home,” says Costner, as a rooster crows in the background. “I’ve lived here for 20 years. My children grew up here.”

She ain’t leavin’.

–C.D. Stelzer (stlreporter@gmail.com)

DANGEROUS NITRO: Gaffey vs. Monatgue and the Agent Orange coverup

May 18, 1994

Gerson Smoger, the dioxin lawyer who has represented former residents of Times Beach and Vietnam veterans, has yet another suit pending in the 8th U.S. Circuit Court in St. Louis. In this case, however, he is acting as a defense attorney.

Peter Montague, director of the Annapolis-based Environmental Research Foundation, which publishes Rachel’s Hazardous Waste News, is being sued in a $1 million libel case by William Gaffey, a former Monsanto epidemiologist. At issue is a 1990 report by Montague that refers to an allegedly fraudulent dioxin study conducted by Monsanto. The allegation is based on court filings by Metro East attorney Rex Carr in an earlier unrelated dioxin case.

“They (Monsanto) had a (dioxin) explosion in a Nitro, W. Va. facility in 1949,” says Smoger. “They rushed through some studies that they started in 1979. (The studies) were part of Monsanto’s defense in the Agent Orange lawsuit,” he says. “These studies purported to exonerate dioxin as a cause of illness, particularly cancer.”
But according to Carr’s appellate brief, the two Monsanto researchers changed the number of exposed and unexposed workers to show fewer cancer deaths. The alleged fraud was subsequently investigated by the EPA, because it had based some of its early dioxin risk assessments on the Nitro studies. The EPA’s internal memos were the main source for Montague’s story. Adm. Elmo Zumwalt cited the same court evidence in his testimony before a HOuse subcommittee in 1990. His congressional testimony names another high-ranking Monsanto official as the source of the fraud allegation. Smoger says that many newspapers published the same information, but only Montague was sued.
“We call it a SLAP suit, which is something to shut people up, intimidate them, says Pat Costner of Greenpeace.

The previously mentioned Agent Orange case absolved all private industries from any further liability to Vietnam veterans who were exposed to the herbicide. The 1984 class-action settlement totaled $180 million. “(It) gives servicemen who either died or were totally disabled $3,200,” says Smoger. If you never went to court, never had an injury, your case was settled,” says Smoger, who unsuccessfully fought the ruling all the way to the Supreme Court. Last year, a panel of experts belatedly linked three cancers and two skin disorders to Agent Orange exposure.

“The settlement clearly left out veterans who became victims after the 1984 settlement. In that respect it is outrageous says George Claxton, the national chairman of the Agent Orange task force of the Vietnam Veterans of America.”

First published in the Riverfront Times (St. Louis)

–C.D. Stelzer (stlreporter@gmail.com)

WHY DIOXIN IS MORE DANGEROUS THAN YOU’VE BEEN TOLD — EVEN IF YOUR DAILY NEWSPAPER DOESN’T BELIEVE IT

May 18, 1994

Dioxin, the most toxic of all man-made chemicals. It’s been called the Watergate of molecules. Its poison trail winds through time, from the jungles of Vietnam to the Ozark hills. With more than two dozen confirmed dioxin-contaminated cleanup sites in Eastern Missouri, and a proposed dioxin incinerator at Times Beach, St. Louis could very well be considered the dioxin capital of the world.

The latest scientific evidence indicates increased dangers to the general population. The evidence follows years of continuing debate over the subject in both the laboratory and the courtroom. Research now shows that dioxin and related chemicals may be responsible for everything from fetal abnormalities to male feminization. The case studies are like a cheklist of industrial nations; they span the globe from Seveso, Italy to Times Beach.

It’s a big story. But judging from the coverage in the St. Louis Post Dispatch, it would be hard to tell. Here in Monsanto City, as one environmentalist not-so-fondly calls it, the public is being told not to be alarmed about dioxin-exposure levels, despite evidence of a significant health problem.

Gerson Smoger, a lawyer with more than a decade of experience in dioxin-related cases tell the Riverfront Times that he suspects the newspaper industry is treading softly on the dioxin issue because of its close ties to paper and pulp companies that create dioxin as an unwanted byproduct in their chlorine-bleaching process. Remediation has been a costly proposition that has already resulted in a concerted effort by newsprint interests to loosen Environmental Protection Agency (EPA) standards on dioxin. “One of the big things to remember, when you are reading this, is that it’s costing newspapers probably billions of dollars. I don’t know how this affects the Riverfront Times, but a lot of major papers own paper and pulp mill,” says Smoger.

The latest news to be de-emphasized is a summary draft of the EPA’s long-delayed reassessment of dioxin, which was leaked to the press last week. Those findings show that all Americans are likely to have already been exposed to levels of dioxin that may cause a plethora of illnesses. The summary among other things, links dioxin exposure to immunological disorders infertility and cancer.

In response to the EPA’s reassessment, the May 11 Post-Dispatch chose to reprint a highly condensed version of The New York Times coverage on page 3A. The next day, a follow-up story was moved to the bottom of page 1B. both stories were given headlines that could be considered misleading. The main headline on May 12, for instance, says: “Draft Report from EPA Gives Assurances on Dioxin.”

The EPA draft itself reads much differently. Here’s an excerpt from the actual EPA report obtained by the RFT:

“Based on all the data reviewed in this reassessment, a picture emerges of TCDD (dioxin) and related compounds as potent toxicants producing a wide range of effects at very low levels when compared with other environmental contaminants.”
Those official words don’t sound too reassuring. But poo-poohing dioxin risks is far from unprecedented. It is uncertain whether the cause of this lax reporting is institutionalized lethargy, individual inattention or something more sinister, as Smoger suggests. But only last week the Post-Dispatch downplayed other dioxin-related news even more than the leaked EPA reassessment.

* A story about the halting of a controversial medical waste incinerator plan in the city ran on page 1B below the fold. No environmentalists who opposed the project were quoted in the story.

* A demand by U.S. Rep Jim Talent, no friend of environmentalists, that the EPA not build a planned $116 million dioxin incinerator at Times Beach was tacked onto the end of the medical-waste incinerator story. The congressman’s remarks, which included pleas for considering alternative technologies, appeared on page 3B without a headline.

* News of the St. Louis County Council’s unanimous opposition to the planned Times Beach dioxin incinerator and the council’s request to the Missouri Department of Natural Resources (DNR) to withhold permits was relegated to one paragraph at the bottom of page 3C.

Under-reporting the dangers of dioxin is something that St. Louisans have been overexposed to for a long time.

“There certainly has been a strong and continuing attempt to linguistically detoxify dioxin,” says Pat Costner, the national director of the environmental group Greenpeace’s toxics campaign. Costner, a 54 year-old chemist, formerly worked for the petrochemical industry that she now opposes. After years of fighting dioxin incinerator in her native Arkansas, she sees the EPA’s report as a clear mandate.
“All of the evidence-gathering considered in this reassessment makes an absolutely airtight case that the government in this country must move as quickly as possible to stop all releases of dioxin into the environment,” says Costner.

It will not be a simple task. If there is anything more complicated than the science of dioxin, it is the politics and history of dioxin. The three are inextricably twisted like together like a mutated triple helix.

“There’s a difference between science and politics. Scientifically, it was very carefully done, and very conservatively done,” says Smoger of the EPA reassessment. “What one has to remember is that the reassessment was commissioned under the Republican administration. The original purpose of the reassessment was actually to downgrade dioxin as a toxin, because the Chlorine Institute wished to relax regulations, because they weren’t complying with emission standards downstream and for incinerators. (But) now the reassessment actually said it’s more dangerous than we thought before.”

The EPA called for its reassessment of dioxin in 1991, in the wake of an expensive public-relations campaign by the paper and chlorine industries. The tactics included industry-financed conferences and studies that purportedly showed proof dioxin was less dangerous than once thought. These efforts were backed up by paper executives directly lobbying William K. Reilly, the Bush administration’s EPA head.

The main cheerleader for lowering dioxin standards on the government’s side was Vernon N. Houk, who was then a director at the federal Centers for Disease Control (CDC) in Atlanta. Houk has since retired and was unavailable for comment late last week. In 1990, his pro industry activities came under the close scrutiny of a House government operations sub-committee chaired by the late Rep. Ted Weiss of New York. Testifying under oath before the same body in 1989, Adm. Elmo R. Zumwalt Jr., in his capacity as a Veterans Affairs investigator, stated: “I believe that Dr. Vernon Houk … has made it his mission to manipulate and prevent the true facts from being determined.”

The subcommittee questioned Houk himself about his reasons form stopping a study of Vietnam veterans who had been exposed to Agent Orange, the defoliant that contained high levels of dioxin. At a subsequent hearing, the CDC official was grilled over his personal interest in lowering dioxin standards in Georgia at the behest of the paper industry.

A high-ranking public official pilloried by an aggressive congressional inquiry. But a year later, in 1991, the Post-Dispatch failed to mention any of this in a story that used Houk as its main source. “I just didn’t know about it,” says Tom Uhlenbrock, the Post-Dispatch’s environmental reporter. Uhlenbrock’s story — which appeared on the front page of the paper with a banner headline –Houk announced that he had changed his mind about the dangers of dioxin, and now thought the contaminated town of Times Beach should have never been evacuated. Houk had sanctioned the evacuation as a CDC official nearly a decade earlier, which was what made his declaration so newsworthy, Unlenbrock says. The headline for the story read: “Dioxin Scare Now Called Mistake.”

The setting for Houk’s conversion was a conference at the University of Missouri at Columbia hosted by the school’s Environmental Trace Substances Research Center (ETSRC). Armon F. Yanders, who heads the research center, told the RFT that the ETSRC had, over the course of several years, been paid $250,000 by a law firm representing Syntex — the company liable for the Times Beach dioxin cleanup — to conduct soil experiments on behalf of Syntex. Although Yanders was also used as a source in the 1991 Post story, his research center’s financial ties were not mentioned. Yanders has also been paid thousands of dollars to testify on behalf of Syntex in court cases.

According to the Post-Dispatch story, Yanders believes “that dioxin has certain properties that may be useful in fighting some cancers, including breast cancer.
“That was sort of a joke,” Yanders now says. Yanders says it was a reference to a study in which mammary-gland tumors decreased in some rats that were fed dioxin. The humorless fact is that 50,000 American women die of breast cancer each year, according to a report issued by Greenpeace last year. The Greenpeace study showed breast-cancer risks four to 10 times higher in women with high levels of chlorine-based pesticides and other chemicals in their blood.

It could be argued that dioxin, in addition to its known health hazards, has spawned a social disease, an endemic malady that has compromised both science and journalism. Those infected by its subtle but pervasive influence may not even be aware that they themselves are carriers. “We have to realize industry has much more control over setting governmental standards than any environmentalists do,” says Smoger. “The tug-of-war always pushes into industry’s favor.”

At the end of that rope are a wide range of industries facing the prospect of costly retooling, including paper companies that supply newsprint to newspapers. The paper and pulp industry professes to be cleaning up its act, but dioxin effluents are still being released into water sources as a result of the paper-bleaching process.
The most notorious culprit in the creation of dioxin is chlorine, and a chlorine-free environment has become a cause celebre among Greenpeace activists, much to the chagrin of industry. The ubiquitous chemical is commonly used in the manufacture of polyvinyl chlorides (PVCs), a form of plastic. When PVCs are burned in incinerators, they spew dioxin into the atmosphere, and it then moves up the food chain, becoming more concentrated as it goes.

According to the EPA reassessment, there is evidence that dioxin’s effects are related to cumulative exposures. Dioxin also appears to have the ability to interfere with responses that are hormonally controlled. The latency period between the time a person is exposed and the onset of health problems may be many years, which makes it difficult to ascertain the cause. “At this point, we are all swimming around in such a stew of chemicals,” says Costner, “that it is no longer possible by looking at the general population to establish a cause/effect link.”

But, again, the words of the EPA reassessment leave little doubt as to the consequences or how they come about:

“Dioxin exposure from multiple sources may result in a number of bio-chemical and biological effects in both humans and animals, many of which are considered adverse or toxic effects, and some of which occur at very low levels of exposure. A large variety of sources of dioxin have been identified and others may exist.

Because dioxin-like chemicals are persistent and accumulate in biological tissues, particularly in animals, the major route of human exposure is through ingestion of foods containing minute quantities of dioxin-like compounds. This results in widespread exposure of the general population of industrialized countries to dioxin-like compounds.”

The media coverage of the dioxin reassessment emphasized immunological and reproductive disorders that the chemical is now suspected of causing. Studies of women in the vicinity of a 1976 dioxin explosion in Seveso, Italy, for instance, showed they experienced twice as many still births and miscarriages after their exposure, says Greenpeace’s Costner. As for increased levels of cancer among Seveso inhabitants, costner cautions that it is too early to judge. “It only happened in 1976, and you have a 20-to-30 year latency period for cancer. So the exposed population is only now beginning to enter the time frame where you would expect to see cancer,” she says. In The New York Times and Post-Dispatch the threat of cancer is downplayed. Here is what the EPA’s reassessment actually says:

“While the data base for epidemiological studies remains controversial, review of these studies appears to support the position that dioxin increases cancer mortality of several types. The instances of soft-tissue sarcoma is elevated in several of the recent studies. … What emerges is a picture of dioxin as a multi-stage carcinogen in highly exposed populations.”

This year, cancer will kill 538,000 Americans, according to the American Cancer Society. Costner cites an article published in the Journal of the American Medical Association from February of this year that indicates “a white male of the baby boom generation is twice as likely to get cancer as his grandfather was. A white female of that age has about a 50 percent better chance than her grandmother did.” The EPA now admits that at least some of the cancer mortality may be attributed to dioxin exposure, albeit at high levels. So the argument, becomes what should be considered an acceptable level of exposure.

“Zero,” says Costner of Greenpeace. According to the reassessment, “humans are currently exposed to background levels of dioxin-like compounds … more than 500-fold higher than the EPA’s 1985 risk-specific dose.” But an acceptable risk level for dioxin is in constant dispute and has never been clearly established. Just two weeks ago in Detroit, a CDC scientist postulated that dioxin levels in the average American have decreased significantly.

Industry sources make careers out of bolstering or condemning such data. Referring to the EPA reassessment, a spokesman for the Chemical Manufacturers Association says: “The whole document is about 2,000 pages, and this is only one chapter. No conclusions can be drawn from any of this research yet. It is way, way too preliminary.”

Barry Polsky at the American Forest and Paper Association (AF&PA);agrees with his counterparts at the chemical trade group, but he goes a step further. “They (the EPA) haven’t drawn any strong causal connection between dioxin and cancer or other human illnesses. There are a lot of sources of dioxin, not just mill effluent.
Members of the AF&PA;claim they have reduced dioxin emissions by 90 percent since 1988. A press release from the paper association notes that “31 pounds of dioxin are released each year from all sources, of which less than four ounces are released annually from U.S. bleached pulp mills.”

The New York Times
reported last week that 500 pounds of dioxins enter the atmosphere each year. Despite disparate data, dioxin is deadly. Studies have shown guinea pigs are killed by a single dose that weighs less than a billionth of their body weight. Monkeys croak when they are fed 0.016 ounces of dioxin per thousand pounds of food.

The bean counters crank out the numbers, and the public-relations flacks play badminton with them. But it’s far from a picnic, and serious people are keeping score with actuaries. Billions of dollars of potential profits could be won or lost. Billions more could end up being spent on legal liabilities for this scourge.

“`Dioxin’ is a term that is commonly applied to a whole sizable group of chemicals,” says Greenpeace’s Costner. “These chemicals are what are called polynuclear aromatic hydrocarbons. They have two or more benzene ring structures in them of which chlorines are substituted. I know that sounds convoluted. I need a blackboard in front of me to make sense of it.”

Costner doesn’t need to draw a picture of other elements in the dioxin puzzle, however. “The government itself has some vested interest in the detoxification of dioxin, because of (its) own liability in cases involving Vietnam War veterans,” she says.

As early as 1948, Monsanto and other companies began manufacturing commercial herbicides that contained dioxins. They would not be outlawed until 1979. Years before that, Monsanto and Dow were among the companies that sold even more potent dioxin-containing herbicides to the military for use in Vietnam. For nine years, from 1961 until 1970, U.S. forces were involved in the aerial spraying of between 15 and 20 million gallons of toxins on South Vietnam, Laos and Cambodia. The defoliation campaign was code-named Operation Ranch Hand. its motto — “Only We Can Prevent Forests” — satirized the slogan of the U.S. Forest Service. The herbicide that became known as Agent Orange took its name form the color of the stripe that was painted around each black metal drum.

Before the Vietnam War had concluded, a little of it herbicidal misery returned to Missouri soil. Hoffman-Taff, which was later acquired by Syntex, began producing a component of Agent Orange in 1969 in a building leased from Northeastern Pharmaceutical and Chemical Co. (NEPACCO) in Verona, Mo. At the same facility, NEPACCO made hexachlorophene, an anti-acne medicine that yielded dioxin as a byproduct. Both the zit lotion and the super-weed killer were taken off the market. By then, however, Independent Petrochemical Corp. (IPC) had been contracted to remove residues from the plant’s holding tank. IPC subcontracted Russell Bliss, who mixed the dioxin with waste oil and sprayed it on horse arenas, truck lots trailer parks and the town of Times Beach in the early 1970s.

After more than 20 years, the problem has far from evaporated. Currently there is a burgeoning local environmental movement intent on stopping the dioxin incinerator that has been planned for Times Beach. The EPA, Missouri DNR and Syntex are all involved with that Superfund project.

First published in the Riverfront Times (St. Louis)

–C.D. Stelzer (stlreporter@gmail.com)

SHOT IN THE DARK: The St. Louis Post-Dispatch Uses a Corporate Photo to Promote the Safety of the Controversial Times Beach Dioxin Incinerator

April 20, 1994

A picture is worth a thousand words, or so they say. But photographs don’t always tell the whole story. Take one that appeared in Saturday’s St. Louis Post-Dispatch, for example.
 
The aerial shot is prominently displayed at the tip of page 1 of section B. It shows the levee constructed around the proposed dioxin incinerator at Times Beach surrounded by water. The cutline states that “the water did not top the levee.,” which is the gist of the accompanying story. There is no credit line — no indication of who snapped the shutter or for whom.
 
When Steve Taylor called the Post photo desk Saturday morning to inquire about the photo, he was told that it was taken by freelance photographer Bill Stover. Taylor is a member of the Times Beach Action Group (TBAG), and as such was recently arrested for trespassing at the cleanup site during a demonstration against the planned incinerator.

 
Taylor then called Stover and politely asked him who commissioned the photograph. Taylor says Stover told him he was not at liberty to divulge his clients. When the RFT called the photographer on Sunday afternoon he had a lapse of memory. He couldn’t remember the specific photograph even though it was taken only a few days before. “I don’t know what photograph you’re talking about,” said Stover. “What I do for my business is my business,” he added.

 
Monday, the Post-Dispatch staff was a little more cooperative. The photo, it seems, was paid for and provided to the newspaper by Agribusiness Technologies Inc., according to Post photographer Gary Bohn. Agribusiness is a subsidiary of Syntex Inc., a giant pharmaceutical and chemical conglomerate that has been held liable by the EPA for the $116 million cleanup at Times Beach.

 
Gary Pendergrass, a spokesman for Agribusiness, says Agribusiness “took the pictures for our own documentation. … We just want to get the facts out.” But Agribusiness has more than a casual interest in the Times Beach dioxin incinerator. The preparations for the levee have been going on for years, as have the image problems associated with the cleanup. although federal and state agencies have given the green light, environmentalists and local elected officials are still objecting to the incinerator. Citizens of St. Louis County also voted against the construction of the incinerator in a non-binding election in 1990.
Besides all these public-relations problems, the planned incinerator would be located in a floodplain, one inundated previously. That’s why last week’s deluge offered Agribusiness such a positive media opportunity. What better way to prove the strength of their levee than trough providing photographs of it withstanding an Act of God? And who better to bear the Good News than the Post-Dispatch.

 
Bohn, the Post photographer, attributed the missing credit line to simple deadline pressure. Tom Uhlenbrock, the Pst environmental reporter who wrote the accompanying story, says the story was justified because of concerns over whether the levee could hold against such a big flood.

 
In a phone interview Monday, Uhlenbrock said that he inspected the levee early last week, and that he was told at that time that the company picture had been taken the day before. When reminded that his story didn’t run until Saturday, he corrected himself and said that he went to the site on Friday. The crest of the flood peaked on Thursday, which is when the photograph was allegedly taken, according to Uhlenbrock and Pendergrass. A for the helicopter service chartered by Agribusiness verified that the photograph was taken on Thursday.

 
But the cutline states that it was taken on Friday. The date is cortical to the accuracy of the photo because of the fluctuating river levels during the flood. The Meramec crested at 38.4 feet at Eureka on thursday, according to the National Weather Service. By Friday, it had dropped to 34.1. Earlier in the week the river was significantly lower.

 
Besides timing and attribution, the subject of ethics apparently never entered the picture, either. Uhlenbrock says printing company photographs “is not an unusual practice. We do that quite often..”

 
Bohn, the photographer, is in limited agreement. Using corporate photos is “not a common practice, but when it does help tell the story we accept photographs like that, says Bohn. “Our intent is not to make judgments on whether something’s ethical or not. Our intent is to tell the story in an objective way.”

 
Taylor doesn’t believe the Post’s actions were objective. “Pictures don’t lie,” says Taylor. “But you can lie about pictures. I want to emphasize that the floodplain is no the major issue. The major issue is corporate accountability and the whole question about the safety of incinerators in the first place.”

 
Taylor does see something else in the picture., however, something more subtle than a missing credit line. He sees the photo as a representation of the coverage the Post-Dispatch has chosen to provide on the dioxin issue. “I think it’s highly unethical that they would run a corporate photo with a credit line.”

First published in the Riverfront Times (St. Louis)

–C.D. Stelzer (stlreporter@gmail.com)