missouri

RALLYING CRY

Citizens join together to protest the Times Beach incinerator

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Aug. 2, 1995

For George and Ida Klein, last Thursday afternoon was no picnic. The temperature that day reached a high of 94 degrees, and it felt much hotter standing in the middle of Lewis Road in West St. Louis County. The Kleins – who lived in Times Beach for 43 years — joined about 100 other people outside the Environmental Protection Agency’s project office to protest the construction of the Times Beach dioxin incinerator.

The rally had been organized by the Times Beach Action Group (TBAG). Members of other environmental groups such as the Gateway Green Alliance, Student Environmental Action Coalition, Greenpeace and the Sierra Club also took part. Fifteen of the more militant protesters were arrested for trespassing, after they crossed behind a gate that blocks access to the old Meramec River bridge, leading to the incinerator site.

St. Louis County police officers escorted or carried those arrested to an awaiting police van, as the crowd continued to chant slogans, unfurl banners and wave placards. About half of those attending the rally were local residents from the nearby towns of Eureka and Crescent.

Kool-Aid provided by Syntex, the company liable for the Superfund clean up, did little to cool Ida Klein’s attitude toward the plan to burn 100,000 cubic yards of dioxin-contaminated waste at the site of her former hometown. “I think it’s terrible. I think they ought to not do it,” says the 71-year-old Klein. “There are going to be so many people sick from it. We’ve got three in our family who got cancer. My daughter had to have a hysterectomy at 30. Two years ago she had to have a breast removed with cancer and have six months of chemo(-therapy),” she says. In addition, Klein says her 81-year-old husband had to have 14-inches of his colon removed, when he was 62-years-old. At the time, the family still lived in Times Beach, she says. More recently, the couple’s youngest daughter discovered at age 33 that she had cancer of the cervix,” Klein says.

It is those kinds of concerns that prompted Mary Derrick of Crescent to attend the rally. “Those people who got arrested, in my mind, they’re heroes,” says Derrick. Derrick was holding one corner of a banner inscribed with a verse from the Bible: “Therefore to him that knoweth to do good, and doeth it not, to him it is sin.”
Before the rally, TBAG members and their allies rendezvoused at an old farmstead in West County. Their preparations included dividing up the placards, banners, moon suits, bio-hazardous waste bags and smoke bombs, which would soon become part of the media event. Outside the 19th-century caretaker’s house, with its massive stone foundation, a portable radio was propped up on the hood of an old Plymouth Horizon. At noon, the voice of KMOX radio reporter Margie Manning could be heard announcing details of the protest, including a sound bite from TBAG organizer Steve Taylor. Then someone shut the radio off, and 20 people quietly held hands in a circle. Some of the veteran activists gave encouragement and advise to the others. Many in the circle would soon be arrested, manacled and held in an unventilated police van.

After the arrests, Rick LaMonica, a member of the Gateway Greens offered his view of the situation. “There are a lot of people who lived in Times Beach for 10 or 15 years who were getting a perpetual run-around from the EPA, DNR (Missouri Department of Natural Resources) and the state department of health. They just know that they’re constantly lied to, and one of the biggest lies is that this is a solution to the problem,” says LaMonica. “Incineration doesn’t so much destroy the waste as disperse the waste,” LaMonica says.

Burning organo-chlorines such as dioxin actually reforms other dioxins, and allows heavy metals to escape through the incinerator’s stack, LaMonica says. “Anytime you have compounds that have chlorine, you are going to be forming dioxins from burning. … EPA knows that. Their own reassessment shows that it’s more hazardous than they have been admitting.

“In the mid-80s, they knew that incineration was not a good technology. Our problem is that they don’t really want to consider any alternatives. There are better ways to clean up Superfund sites, but the EPA doesn’t want to consider them unless they’re forced. … It has nothing to do with science. The science says they’re wrong. The science and medical data have been telling that for decades.They just seem more interested in pushing contract deals with engineering companies that design and build incinerators then really trying to clean up Superfund (sites).”

AIR PRESSURE

BY C.D. STELZER

first published in the Riverfront Times (St. Louis) , July 26, 1995

Last week the St. Louis County Counselor's office
continued efforts to hold the responsible parties in the
Times Beach dioxin cleanup to their word. Not an easy
task, considering they keep talking out of both sides of
their mouths. 
     At issue is the county's right to mandate its own
air-quality standards as spelled out in the 1990 consent
decree.
     As a part of that pact, Syntex, the company liable
for the $118 million-plus cleanup of Times Beach and 26
other dioxin-contaminated sites in Eastern Missouri,
agreed to "apply to the St. Louis County Health
Department ... for a construction and operating permit
governing air emissions from the TTU (thermal treatment
unit)." A thermal-treatment unit is an incinerator.
     In a motion filed on May 11, however, Syntex asked
the U.S. District Court here to turn aside the county's
air-quality ordinance enacted Feb. 8. Syntex contends
the local law exceeds federal standards set forth in the
consent decree signed with the U.S. Environmental
Protection Agency (EPA), and the Missouri Department of
Natural Resources (DNR). Syntex is supported in its move
by the EPA. 
     On July 18, the county responded by submitting its
own motion to the court, which challenges both Syntex
and the EPA's opposition to its air-quality standards.
The county ordinance requires the Times Beach
incinerator to emit no more dioxin than the level
specified in the EPA's own health-risk assessment
published in November 1994. That amount of allowable
emissions, which the EPA determined to be a worst-case
scenario, is still more than the EPA's original goal of
99.9999 percent destruction removal efficiency.
     For Martha Steincamp, the chief counsel for Region
VII of the EPA, the impasse is based on the subtle
differences between "administrative" and "substantive"
EPA guidelines. Administrative rules or "paperwork" as
Steincamp refers to them, carry little weight and are
simply a formality. Substantively, the EPA and
responsible parties in a Superfund cleanup are not bound
by any local, state or federal permit, Steincamp says.
In the case of Times Beach, the air-quality standards
that were in place in 1988 -- at the time of the federal
court's record of decision -- are the only laws relevant
to the argument, Steincamp contends. Of course, St.
Louis County didn't have any local air-quality standard
at that time. The fact that the subsequent 1990 consent
decree mandates a local emissions permit is of no
consequence, according to Steincamp. "In my opinion we
are abiding by the law," the EPA lawyer says.
     County Counselor John Ross sees a contradiction in
Syntex and the EPA" position. "At other times, they've
said that their incinerator would exceed our standards,"
says Ross.
     Edward L Noel, the attorney for Syntex, referred
all questions on the latest legal maneuvers to his
client Gary Pendergrass, the Times Beach project
coordinator. Pendergrass could not be reached for
comment at press time on Monday. At the Jan. 26 County
Council meeting, NOel was less reticent ( "Emission
Control," RFT, Feb. 1). The corporate lawyer then
threatened the county with litigation, which could
result in $500,000 in monthly penalties. He also
compared 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," said Noel, a member of the prestigious law
firm of Armstrong, Teasdale, Schlafly and Davis.
     Despite NOel's opinion, the EPA has seen fit to
award a $50,000 technical-assistance grant to the Times
Beach Environmental Task Force. The money will be used
by the community group over the next two years to hire a
technical advisor, who will review emissions data from
the incinerator to see whether it is operating safely.
     Meanwhile, there is a growing number of opponents
to the incinerator who are still intent upon stopping it
before it begins operating -- perhaps as soon as next
year. A coalition of anti-incinerator forces has
scheduled a rally for this Thursday at 1:00 p.m. at the
EPA's site office on Lewis Road of I-44.

WEAK IN MATH

BY C. D. STELZER

first published in the Riverfront Times (St. Louis), July 12

Relying on false information leaked by the Environmental Protection Agency (EPA), the St. Louis Post-Dispatch reported on June 10 that all dioxin levels in the blood of residents living near the Vertac dioxin incinerator in Jacksonville, Ark. had decreased.

Wrong.

Morris F. Cranmer Jr., the researcher responsible for the study, now says that levels of the most toxic form of dioxin actually increased among those tested. On May 2, Cranmer told the St. Louis County Dioxin Monitoring Committee the opposite. Since the Post-Dispatch did not cover Cranmer’s presentation, the EPA eagerly provided a transcript of that meeting later to the daily newspaper.

“I’m sorry that we appear inconsistent, but I don’t see it that way,” said Cranmer in a telephone interview last week. “I see it as trying to come up with the best analysis of the data. It’s painful, but that’s the way it is.”

Cranmer’s reversal is important because the blood testing at the Superfund site in Arkansas is one of the few attempts to measure inhalation exposure on general populations residing within the vicinity of an incinerator. Its significance is further enhanced by the imminent completion of the Times Beach dioxin incinerator near Eureka, Mo., which may begin operating as soon as early next year. The EPA, Missouri Department of Natural Resources (DNR) and Syntex Agribusiness Inc., the company liable for the $118 million-plus cleanup, are proceeding with the terms of their 1990 consent decree, and contend that the project will be safe (the RFT, April 26). Once completed the incinerator is scheduled to begin burning 100,000 cubic yards of dioxin-contaminated soil from Times Beach and 26 other sites in Eastern Missouri. The project has moved forward despite the uncertain consequences of incineration and in the wake of an EPA study released last year that reaffirms the dangers that dioxin poses to human health (the RFT, May 19, 1994). Opposition by residents, elected officials and environmentalists has so far been unsuccessful in persuading the responsible parties to use any alternative means of disposing of the toxin.

The flip-flop on the Arkansas study is one of many controversies that have cast doubt upon the EPA’s plans for Times Beach. This latest flap began after the environmental group Greenpeace began analyzing the raw data on the Vertac blood tests. Up until that time, Cranmer, a consultant for the Arkansas Department of Health (ADOH), maintained that all dioxin levels had decreased among people living near the Vertac incinerator. Pat Costner, a Greenpeace chemist, says she submitted a state Freedom of Information Act request on May 18 and received copies of the data soon thereafter. Sometime between that date and the public release of the report in late June, Cranmer changed the method of his analysis. By using a more appropriate arithmetic means rather than a geometric one, Cranmer says he found the data showed that TCDD — the most toxic form of dioxin — has increased, not decreased, among those tested. The third and final round of blood tests at Vertac will not be completed, because the EPA shut down the incinerator late last year, after recurring safety problems and environmental opposition to the project continued. The remaining waste at the site is being trucked to a hazardous waste incinerator at Coffeyville, Kan.

So the conclusions of the Arkansas study now have more relevance to the public policy decisions that will effect that residents who live near Times Beach. By providing an inaccurate interpretation of his own blood study data prematurely to the St. Louis County Dioxin Monitoring Committee on May 2, Cranmer bent, if not broke, federal law. Arkansas environmentalists and a Little Rock reporter say they repeatedly attempted to gain the same information and were told by state and federal health officials that it would be illegal to release the data pending peer review.The subsequently altered findings in Cranmer’s report were not officially made public for almost two months after he spoke in St. Louis.

An official for the Missouri Department of Health (MDOH) says Cranmer appeared here at the request of the Monitoring Committee, an ad hoc group of locally appointed citizens and elected officials who are charged with overseeing the safety of the Times Beach incinerator. Cranmer’s travel expenses were paid for out of a grant he received from the federal Agency for Toxic Substances and Disease Registry (ATSDR).

The ATSDR’s generosity towards Cranmer has continued despite the fact that the scientist is a convicted federal felon. In 1988, the U.S. District Court for Eastern Arkansas found Cranmer guilty on two counts of providing false information to a lender. The case involved bilking the Farmers Home Administration out of nearly $10 million. The scientist secured a loan from the federal agency ostensibly to build a laboratory. He instead used some of the funds for other personal real estate ventures. Judge Henry Wood sentenced Cranmer to serve six months of community service at the ADOH under former surgeon general Jocelyn Elder, who then headed the state agency. After serving his sentence, Cranmer began working as a private consultant for the state, and in that capacity was given the contract to do the blood study at the Vertac incinerator site. Earlier in his career, Cranmer came under federal investigation before leaving his job at the National Center for Toxicological Research, a source in the U.S. Attorney’s office in Little Rock told the Riverfront Times last week. Nevertheless, since his conviction on the fraudulent loan charges, Cranmer has been paid more than $139,000 by the ATSDR to conduct the Vertac dioxin exposure study, according to a report in the July 8 edition of Arkansas Democrat-Gazette.

In a telephone interview last week, Cranmer admitted making a mistake. “I don’t remember what I said to the St. Louis group, but I
certainly told them that the levels went down,” he said. “That was not correct. … “I’m not trying to make excuses, but when I gave the talk in St. Louis, I was relying on summary information that had been provided me. I did the best to respond to questions of people, and, if I was in error, then I was in error. The facts speak for themselves,” said Cranmer. ”

Steve Taylor, an opponent of the incinerator and the leader of the Times Beach Action Group (TBAG), isn’t accepting the apology, nor does he believe Cranmer’s explanation. “Dr. Cranmer has been convicted of fraud and was hired by corrupt agencies to perpetuate their lies and deception.

“This recent episode is a continuation of over two decades of deception, flawed science and political manipulation surrounding the dioxin controversy,” said Taylor. TBAG’s rallying cry has long been uncover the dioxin coverup, stop EPA lies. We demand real and effectual action by our local elected officials, in particular (Gov.) Mel Carnahan, to protect Missouri citizens from renegade agencies. If they do not, the citizens themselves have the right and the responsibility to shut the project down.”

The response of locally elected officials has been more reserved. “This technology is untested, certainly it’s untested on this scale,” said County Councilman Greg Quinn (R-7th Dist.). Quinn’s district includes the Times Beach site. “When we were considering a bill to implement standards for how much dioxin could be emitted from the stack at the incinerator, the EPA wasn’t sure they could meet that. What concerned me about that was they had been making some claims about what they could do all the way along, and, when push came to shove, they indicated to us that they weren’t sure that they could achieve what we had mandated (the RFT, Dec. 6, 1994 and Feb. 1).

The EPA and DNR referred all questions on Cranmer’s study to the ATSDR or MDOH. Spokespersons at those two agencies say that the slight changes in the Vertac findings are insignificant. They contend that TCDD and a few other related dioxins, which have also shown increases in the latest round of tests, are not as important as the average for all 16 dioxin-like substance measured. That figure has still decreased, and is indicative of a national trend, the officials say. In addition, rises in the TCDD levels of the Mabelvale, Ark. control group suggest that there may be some reason for the increase other than incineration emissions, health officials say. “If Cranmer did something he wasn’t supposed to have done that’s too bad, and it’s wrong,” said Gale Carlson of the MDOH. “(But) based on the information I have right now, which is from the Arkansas Department of Health, the Missouri Department of Health is not unhappy with the numbers.”

Costner of Greenpeace isn’t so giddy. “They’re either not looking rationally at their study and their results or, as it seems apparent, they designed the study to see no effects, and then they initially mathematically manipulated the data in order to hide the effects,” said Costner. “But, nonetheless, despite this absolutely horrendous bias, … there was clearly a substantial increase in exposure to some of the dioxin.”

TBAG is organizing a protest at the EPA’s Times Beach site office on Lewis Road for 1:00 p.m. July 27. For further information call 391-5715.

TERRIFIED IN TIMES BEACH

Government agencies are ignoring the fears of residents — and the warnings of scientists — by firing up the dioxin incinerator

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), April 26, 1995

It’s only a couple of miles from here to Interstate 44, but it seems like a couple hundred. No traffic, no noise, no fast-food fanfare. Only scrawny oaks clutching thin-skinned ridges, and the bone-white bluffs rising in the distance on the opposite bank of the Meramec River.

A Sunday morning drive down Lewis Road can be like taking a pill, a tranquilizer. But the transient tranquility belies the angst that now resides in this part of southwest St. Louis County. Down this same road, Ann Chase, a pregnant high school teacher worries about the health of her unborn child. In another household, Mary Derrick, a registered nurse listens to her teenage daughter ask whether she will become infertile from the potential chemical exposure they both now face. Meanwhile, on a nearby farm, Ann Dollarhide and her husband decide not to replenish their cattle herd because of the threat of future contamination.

For these people, the possible health hazards posed by the planned Times Beach dioxin incinerator are an imminent concern. All three families live in the vicinity of Crescent, Mo. — the town at highest risk — since the Missouri Department of Natural Resources (DNR) issued the permit for the incinerator to operate on April 14. Crescent’s more populous neighbor, Eureka, is also located within the projected impact zone. All together more than 11,000 residents dwell inside the three-mile radius designated in the risk assessment prepared for the Environmental Protection Agency (EPA).

The EPA, DNR and Syntex, the company liable for the more than $118 million cleanup, are doggedly sticking to the terms of their 1990 court-negotiated consent decree, which calls for burning 100,000 cubic yards of dioxin contaminated soil and debris from Times Beach and 26 other sites in Eastern Missouri. The widespread contamination is the result of a waste-oil hauler spreading the highly-toxic materials in the early 1970s. To reassure residents of the safety of their cleanup plan, all three responsible parties draw from the conclusions of the risk assessment published last fall. According to those findings, stack emissions will cause less than one excess cancer incident per million population, which is considered well within the bounds of protecting public health.

But the Times Beach risk assessment conflicts with the EPA’s own safety standards regarding dioxin exposure. Furthermore, scientists consulted by the Riverfront Times have raised serious objections about the content of the risk assessment, the methodology employed in carrying it out and the actual purpose it serves.
Before the DNR issued its permit earlier this month, federal and state officials hesitated to be interviewed for this story, and the project coordinator for Syntex failed to return calls placed to him.

Here are a few things the EPA, DNR and Syntex have been in no hurry to talk about:

* The Times Beach risk assessment fails to factor in the pre-existing (background) dioxin levels of the exposed population. By not considering this, it significantly downplays the potential dangers of further dioxin exposure from additional incinerator emissions.

* The EPA’s projections on incinerator emissions are based on scientific assumptions. Although the agency maintains the incinerator will not cause any measurable increase in background levels, the risk assessment admits that “uncertainties in the sampling and analysis of dioxins … may lead to invalid conclusions … .”

* No health study has been done in advance to determine the existing (background) level of dioxin exposure of residents who live near the incinerator site. Many of those who do live nearby are former Times Beach residents who have likely been overexposed to dioxin in the past. Blood level testing by the Missouri Department of Health will begin in ernest only now that the incinerator has been given permission to operate. If the health department finds health problems developing, it has no regulatory authority to shut down the incinerator.

* The risk assessment only calculates potential carcinogenic and reproductive risks even though dioxin is now known to cause immunological and developmental problems at low levels of exposure.

* The risk assessment estimates the operation of the incinerator will result in one emergency release a week that would bypass anti-pollution devices and spew 350-pounds of particulate matter into the air. In the last two years, problems at an EPA dioxin incinerator in Arkansas have included numerous breaches in safety, resulting in excess releases of dioxin into the environment. Environmentalists now suspect dioxin exposure may have risen in the vicinity of the faulty incinerator.
Chemist Pat Costner, a dioxin expert for the environmental group Greenpeace, has a long memory of the Arkansas debacle and advises against repeating similar mistakes in Missouri. “EPA admits and everybody knows that we already have a population and an environment that are grossly overburdened (by dioxins),” says Costner. “It is absolutely unconscionable to proceed with avoidable activities that will add to that already excessive burden. It should be criminal.”

The reliability of the Times Beach risk assessment is questionable, because it omits a very basic variable from the equation — the average American is already overexposed to dioxin — according to the EPA’s own standards.

A decade ago, the EPA established that a daily intake of 0.006 picograms of dioxin toxic equivalents (TEq) per kilograms (pg/kg) of body weight results in one excess cancer per million, during a 70-year life span. It has been the agency’s conservative goal to protect public health to this limit. That goal has not been reached, however. As it now stands, the EPA estimates the average American adult ingests between three to six picograms of dioxin-like substances per day, mainly through food. If the existing background levels of dioxin were included in the Times Beach risk assessment, the EPA limits on allowable dioxin exposure would have already been exceeded before the incinerator belched one picogram from its stack.

This 0.006 benchmark has long been the subject of debate. The current dioxin reassessment now under review may ultimately raise the acceptable limits to 0.01 pg/ng of body weight per day. The World Health Organization, Canada and Germany use a different model and have set the acceptable daily dose of dioxin at 10 pg/kg.

Despite the varying standards, it is easy to deduce that dioxin is lethal in very small doses — a picogram is one trillionth of a gram.
In a worst-case scenario, the EPA has estimated the incinerator would emit 150 picograms (or 0.15 nanograms) of dioxin per cubic meter of air. That amount equates to one additional cancer incident per five million population, according to EPA calculations. In January, the St. Louis County Council used the figure as the standard for its air quality ordinance. The EPA and Syntex took immediate exception to the local law, claiming they were bound to protect human health to only the one-in-a-million standard (Emission Control, RFT, Feb. 1). But it’s clear that measure of safety is not going to be adhered to either.

Another way to look at it is by average body burden. The typical American already carries about nine nanograms of dioxin-like substances per kilogram (ng/kg) of body weight. A nanogram is a thousand times more than a picogram, or one billionth of a gram. At 13 ng/kg, sex hormones decrease in males; at 47 ng/kg, developmental problems have been observed in children, according to the EPA’ s recent draft reassessment of dioxin. The results of that study are still under review, and shouldn’t be confused with the “site specific” Times Beach risk assessment, which has underwent far less scientific scrutiny. Although still deliberating over the dangers of dioxin itself, the EPA has refused to place a moratorium on the Times Beach project even though it is known that incineration is a primary means by which dioxin enters the environment. The EPA also refuses to further consider any alternative technologies that are now capable of disposing of dioxin.

Despite evidence the entire population is already overexposed, Bob Feild, the EPA’s project manager at Times Beach sees little to be alarmed about in regard to Times Beach.

Feild argues dioxin levels in the environment are already decreasing and that hazardous waste incinerators are far less responsible for dioxin emissions than medical or municipal waste incinerators or cement kilns. This point is hammered home in the risk assessment as well: the “emissions burn at Times Beach would not result in any discernable increase in the background dioxin concentrations in the various media.” But the document also includes this warning: “uncertainties in the sampling and analysis of dioxins in these background media (air, soil, water, food) and the estimation of the levels in the media at Times Beach may lead to invalid conclusions when comparisons are made in background levels.”

This built-in uncertainty hasn’t dissuaded Feild one bit.”We are aware that there is a significant background risk there,” says Feild. The EPA official, nonetheless, remains confident that additional incinerator emissions at Times Beach will be insignificant and have no additional adverse effect on human health.
“If you consider the background concentration of dioxin exposure that we’re already all exposed to, you wouldn’t be able to see the incremental risks due to the incinerator,” says Feild. “So that’s why from a policy standpoint EPA doesn’t look at the entire risk. We look at … comparing the incremental risks to the total risk.” says Feild.
Feild’s own awareness of dioxin exposure is open to question, however. When asked about the EPA’s longstanding acceptable daily intake level of 0.006 pg/kg, the Times Beach project manager denied any such standard ever existed. “I don’t know where that number came from, I would have to check the source on that. I’ve been talking to the people that are involved in the reassessment of dioxin. They are telling me that there is no such number. So I don’t where that number came from or what it represents.”

The number is referred to as recently as last year in scientific articles by experts such as Barry Commoner of Queens College, Tom Webster of Boston University and Arnold Schecter of the State University of New York. The published caveats of these scientists on the dangers of dioxin stand in stark contrast to the assurances of the man responsible for the Times Beach risk assessment, Kishor Gala, who works for CH2M Hill in Denver, a consulting firm hired by the EPA.

“You have a one in three chance of getting cancer, anyway,” says Gala. ” So a one-in-a-million chance, how much more of a risk is it than one in three?” When asked to factor in the already existing background levels for dioxin, Gala quickly recalculated the odds, however. “From dioxin, I would think that you have a one in 10,000 chance (of cancer death) from the background(exposure), which is still much less than one in three or one in four from car smoke and cigarette smoke,” says Gala. “So … the exposure is still insignificant compared to the other exposures.”

Pat Costner, the Greenpeace chemist, doesn’t agree. “What they’re saying is, `Well, everybody is already so exposed that a little bit more doesn’t make a difference.’ That’s insane,” says Costner. “That’s totally irrational. It’s like standing in a swimming pool with weights on your feet and the water is up to your nose and somebody is saying a little more is not going to hurt you.”
Costner is not alone in her opinion.

David Kriebel, an epidemiologist at the University of Massachusetts at Lowell, participated in a National Academy of Science (NAS) review of Agent Orange, a defoliant used in Vietnam that contained dioxin. The NAS panel studied all the available literature on the subject at the behest of the Department of Veterans Affairs . In 1993, Kriebel and other scientists belatedly concluded dioxin causes three forms of cancer and other health problems in Vietnam War vets.

Although the dioxin issue is still mired in controversy, Kriebel has come to another reasonable conclusion, this one pertaining to Times Beach incinerator. ” If you want to know what the risks that someone faces are, you ought to add together the risks of so-called background (exposure) and the risk of some new technology that you are planning to add,” says Kriebel.

After ten years of battling incinerator projects, Paul Connett, a chemist at St. Lawrence University in upstate New York, has formed his own assessment of the strange socialized alchemy that has come to be called risk assessment.
“I think the whole risk assessment exercise is a political one. I see little indication that it’s ever used to do anything but promote a project. I think it puts a technical smoke screen between decision makers and the concerns of the public,” says Connett. “They would like to make you believe that risk assessment is a scientific exercise. I believe strongly that it’s a pseudo-scientific exercise. It’s not really science. It’s not based upon data, it’s based upon theoretical assumptions.”

Quite simply, nobody knows what the dioxin levels currently are of people who live near the planned incinerator. And there has been no rush to find out. Many former Times Beach residents still live in the area and have likely been overexposed in the past, but nobody’s knocking on their doors. A new Missouri Department of Health study on dioxin exposure will correspond with operation of the incinerator. But if the state agency detects increased dioxin in blood levels, after the incinerator is fired up, it has no power to shut down the project other than to pass on its concerns to the DNR.

Ellen K. Silbergeld, who works in the department of epidemiology and preventive medicine at the University of Maryland at Baltimore, has conducted many risk assessments herself. She is also associated with the Environmental Defense Fund, as is Peter L. deFur. The two authors collaborated on a chapter about risk assessment for a text book, Dioxins and Health published by Plenum Press late last year. Here is their conclusion on the subject:

“… It is critical to estimate where on the dose curve an individual or a population already falls. If the population or individual is already exposed to doses that exceed the level of acceptable risk … then different assumptions … no longer matter for purposes of making public policy.

“Much of the population of industrialized societies, where dioxins and related compounds have been released through industrial discharges, incinerator emissions, and dispersive uses of contaminated chemicals and herbicides, is already above the low dose range of exposures. … Under such conditions, the only prudent public policy is to take all feasible actions to reduce ongoing exposures and environmental inputs.”

Feild argues that the reducing ongoing exposures is what the EPA’s current plan is all about. In his opinion, the continued danger posed by the 27 dioxin sites in Eastern Missouri is reason enough to go ahead with incineration. The water main leak on North Second Street last summer, which flooded one of the dioxin sites is an example of what can happen, if the cleanup is delayed further, the EPA official says. “We have kids trespassing at some of these sites, … playing in contaminated areas,” says Feild. “I was at a site a couple of weeks ago, where I saw a couple of cattle grazing on the contaminated area. We know we have problems at these other sites. We need to clean them up. Excavating them and storing (the dioxin-contaminated soils) is not a permanent solution, because these storage facilities that we constructed are failing.”

When the 1994 EPA draft reassessment is read directly, however, it becomes evident that any further dioxin releases into the environment are not what the doctors have ordered (see sidebar).
ESTER stands for “Environmentally Safe Temporary Emergency Relief.” It’s the EPA’s euphemism for what is commonly called a dump stack in the incineration trade. If there is a glitch at the Times Beach dioxin incinerator, say an electrical outage, ESTER will be activated.

The executive summary of the risk assessment claims ESTER “assures that moderately high destruction of organic contamination occurs.” According to the summary, “the ESTER system includes automated provisions for feed and main burner shut-off, igniting the ESTER propane burners, routing of kiln gases to the ESTER stack and controlled venting of the gases in the secondary combustion chamber and gas cleaning system.”

What the ESTER system doesn’t include is any of the anti-pollution devices that are part of the primary burner. Under emergency situations, the ESTER stack will vent emissions directly.

According to the EPA: “During a full-scale operation, a typical ESTER event may occur at a frequency of once per week and last for several minutes. However, for the purpose of this risk assessment … it is conservatively assumed that … ESTER events may occur on a daily basis … Because of the absence of a gas cleaning system, approximately 350 pounds of treated particulate matter may be emitted during a typical ESTER event.”

“When I first saw that number, it seemed like a lot,” says Feild of the EPA. “But if you look at the major sources throughout St. Louis that are operating on a continual basis, that is not the tremendously high number that it appears to be on the surface.”

Chemist Connett is not so optimistic. He says the EPA’s history in dioxin incineration is anything but exemplary. “If they had a good track record on this it would be one thing, but they keep fucking up. I mean they really did make a huge mistake in Jacksonville (Ark.). They made a complete bloody mess of it,” says Connett. “It has become clear that the people who had their dioxin levels measured in their blood before this thing went online have now got higher levels in their blood. So it’s a failure.”

Connett is referring to the Vertac dioxin incinerator in Jacksonville, Ark., which has repeatedly been cited for unsafe emissions. In spite of its dubious safety record, the 8th U.S. Circuit Court of Appeals in St. Louis has rebuffed attempts to shut down the Vertac incinerator, ruling that the federal courts have no jurisdiction over Superfund sites until after the EPA completes a cleanup. The Agency for Toxic Substance and Disease Registry (ATSDR) in Atlanta referred questions on last year’s blood tests to the Arkansas Health Department. An epidemiologist for the state agency told the Riverfront Times that the test results were still unavailable. The long delay in releasing the test data has led some environmentalists to speculate that dioxin blood levels have risen in the vicinity of the incinerator.

“We know from all the other technological experiences in our lives that things don’t always go the way they’re supposed to,” says Kriebel, the epidemiologist from the University of Massachusetts. “If the thing breaks down, the logical consequence of that is contaminating the air with dioxins.” says Kriebel. “It probably can under ideal operating conditions be made to do what the engineers think it should do.” (But) I’m just not convinced that we know how to monitor those things well enough over the long run that we really ought to trust what they’re ideal specifications say that they are doing.”

After being left untended for more than two decades, the EPA remains possessed with a burning desire to dispose of Eastern Missouri’s dioxin contaminated soils by fire. An alternative technology, base-catalyzed decomposition (BCD), which the agency approved for another Superfund cleanup, has been rejected by the agency for use at Times Beach.

“BCD is a very promising technology, but our agency got together and evaluated it and determined that you could not use the Koppers demonstration in North Carolina as an indication one way or another whether or not the process would be effective for dioxin,” Feild says.

The EPA’s current position on BCD technology has been altered, however.
In an internal memo from last summer, Timothy Oppelt, the director of the EPA’s Risk Reduction Engineering Laboratory in Cincinnati, wrote that “we believe given the characteristics of the soils at Times Beach, the BCD process will be able to remediate site soils … the only exception are plastics and rubber materials that have a tendency to clog (the) thermal desorption chamber and will require incineration.” According to the risk assessment, less than five percent of the contaminated materials at the 27 dioxin sites in Eastern Missouri are comprised of anything other than soil. Inexplicably, Oppelt later reversed his decision and recommended against the use of BCD at Times Beach.

The Meramec River forms an oxbow from which the town of Crescent most likely takes its name. On the opposite bank, towering limestone palisades have been sculpted over eons by the spring-fed waters that push this Ozark landscape to within 20 miles of St. Louis.

There are few signs of change here — nothing to suggest that the biochemistry of the area may soon be altered — no indication the surrounding land has been sectored into 625 quadrants by the EPA as a part of its Times Beach risk assessment.

Inside one of those invisible boxes Ann Chase recalls the past as she struggles to come to terms with her future.

“I have lived here in this house for four years, but my family has lived in this community since 1939,” says Chase, a history teacher at Lindbergh High School. Chase would like to raise her own family here, but shadows of doubt are forming just outside her window. The Times Beach risk assessment asserts that the public faces no danger of reproductive health problems from the potential emissions from the planned incinerator, but Chase is not so sure.

“We’re probably the closest house to where the incinerator will be, says Chase. “I have two young children and I’m expecting a third in early summer.” The 32-year-old pregnant mother estimates that her home is between a quarter to half-a-mile from the Times Beach incinerator site.

Fetuses, infants and small children are the most susceptible to the health problems caused by dioxin. A dioxin-exposed mother passes the toxin to the child through the placenta during pregnancy and afterwards from breast feeding.
“It is a big concern to me, because I did nurse my other two children and I intend to nurse this one,” says Chase. Her concerns are heightened because she grew up near the contaminated Times Beach site and may already have more than an average amount of the chemical in her own body.

“It seems to me real foolish for the government to burn something toxic in a populated area,” she says.

The school teacher’s trepidations are echoed by others in the community, including Ann Benning Dollarhide, who owns a 300-acre farm nearby. Dollarhide and her husband have halted plans to purchase cattle because of the threat of incinerator emissions. Consumption of beef and dairy products is one of the primary ways dioxin is ingested by humans. “We are very apprehensive about starting our operation up again, if this incinerator goes in, because of the food chain,” says Dollarhide. “How could we feel good about selling cattle to other people that graze on land that could be tainted with dioxin?”

Compared to Chase, Mary Derrick, is a newcomer to the Crescent area. The registered nurse at St. Luke’s Hospital has lived here for a little over a year. Her family’s home is located about a mile-and-a-half away from the incinerator site.
Prior to relocating, Derrick says her husband had a chance encounter with an EPA official at a restaurant. According to Derrick, the official gave assurances the community was in no danger, she says.

The Derricks liked that idea. They had read articles in the press that parroted the same line. It made them feel more secure about moving to the Eureka area. But since learning more about the subject, Derrick has changed her mind.
Lately, the nurse has been doing some homework on dioxin with her youngest daughter, who is in eighth grade. The history that the two have uncovered has alarmed them both.

After waste-oil hauler Russell Bliss sprayed a stable in Moscow Mills, Mo. in 1971, birds, cats, dogs and horses started dying in rapid succession. The stable owner’s children developed headaches and rashes. One of them began hemorrhaging severely and required hospitalization.

“They say that (our) arguments are all based on emotion,” says Derrick. Well, we wouldn’t be emotional if the facts didn’t lead us to be emotional. When you see those facts, there’s no way that you can deny that there is definitely some danger there. They’ll admit to you that it is one of most carcinogenic and toxic chemicals known to man, but we’re supposed to trust them that they’re going operate an incinerator in a safe manner.”

C.D. Stelzer (stlreporter@gmail.com)

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.”

 

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)