Perchlorate found in 1 in 6 DEP sampled NJ water systems - thousands of NJ residents exposed to chemical linked to thyroid damage that can slow brain development in children.
The saga over attempts to protect NJ's drinking water from the chemical perchlorate continue - see "Rocket Fuel in Your Water?" and "Playing Politics with Your Drinking Water" and "Chemicals Found in Infant Formula"
When we last left this story in January 2009, former NJ DEP Commissioner Lisa Jackson was being criticized during her US Senate confirmation for EPA Administrator for failing to adopt protective standards during her 3+ year tenure, despite the warnings of DEP's own scientists, NJ Drinking Water Quality Institute's 2005 Report recommendations, federal Center for Disease Control studies, and public health experts across the country. The 2005 DWQI Report recommended a 5 ug/L (ppb) standard in part because:
Pregnant women and infants are considered to be sensitive subpopulations for perchlorate's effects, as hypothyroidism can have serious consequences on neurodevelopment.
When reporters asked why Jackson had failed to act for almost 4 years, here's the answer some gave:
[DEP Commissioner Lisa] Jackson's supporters blame Corzine, not Jackson, for New Jersey's failure to regulate perchlorate.
"I am very disappointed that the state hasn't moved faster on developing a perchlorate standard," said David Pringle of the New Jersey Environmental Federation, who sat on the panel that urged the state to regulate perchlorate. "That being said, I fully lay the blame on the governor's office. DEP was ready to roll two years ago. It was the governor's office that prevented us from moving forward faster." Jan. 13, 2009 ProPublica
Well fast forward to March 2010 and now we have a new Sheriff in Town, one that was endorsed by Dave Pringle. And what did Christie do?
He issued a moratorium that effectively killed the perchlorate standard finally proposed by DEP in March 2009, after 4 years of delay (barring, of course, unforeseen events between now and March 16, the deadline for the March 2009 proposal to lapse. It is highly unlikely that DEP will be able to respond to sham Red Tape Review process comments by then, because Red Tape review ends on March 15. It would be virtually impossible for DEP to read nonetheless respond to public comments in 24 hours. Of course, Christie or Regulatory Czar Guadagno could exempt perchlorate under the public health exception to Executive Order #1, but that too is highly unlikely because it has not been done thus far. The Perchlorate standard should never have been included on EO#1 target list in Attachment A. Given the new Christie regulatory policies in EO 1, 2 and 3, any perchlorate MCL is not likely to be re proposed for some time and probably not at the 5 ug/L level. This is just another in numerous examples of how Christie's Executive Orders are quietly rolling back public health and environmental protections.)
PEER Press Release (use this link for better resolution)
"I never anticipated being at the DEP. ... I thought I'd probably end up at the BPU (Board of Public Utilities) since I had dealt with utilities at Accenture," Martin said.
The article says he'd be the first to say "he's not a big greenie" and he thought he'd end up overseeing the utilities. He talks about simplifying the permit process so that business aren't hindered. If that's not sending a message, I don't know what does.
Among the great issues of our time, perhaps the value and care of our Historic Sites does not readily come to mind. Nonetheless, those of us who feel strongly that the lessons of history are most important are concerned with our vanishing heritage and what amounts to cultural vandalism; in truth, some of the most significant reminders of our past are closed to schoolchildren for the first time in generations. Much can be done, however, to improve the status and condition of our State Historic Sites without impinging upon scarce resources, if only we could elevate our interest and concern in their protection and promotion. This is not a crusade without rewards, for New Jersey has long avoided the potential economic benefits of heritage tourism in the celebration of its unique contributions to the life of our Nation.
On January 7, 2010, the Assembly passed a bill Assembly Environment chairman John F. McKeon, Mayor of West Orange and Democratic Assemblyman representing the 27th District, is sponsoring to dedicate $150,000 of the revenue collected from Island Beach State Park to fund that park's programs. The "Island Beach Interpretative Program Fund" created by the measure (A-4337) would support educational programs to help visitors learn about the wildlife and natural resources of the park. As innocent and helpful as this appears on the surface, I feel this is a misguided diversion of scarce resources. While I enjoy nature hikes and often paddle our waterways, I ask why are we are so willing to subsidize kayak tours while the irreplaceable fabric of our past suffers demolition by neglect---and I am speaking here of significant historic resources that the State of NJ has owned and operated for upwards of a century.
Enck's high profile visit provides an early pushback to Christie's campaign statements regarding EPA oversight.
In her first week on the job, new Obama EPA Region II Administrator Judith Enck traveled to New Jersey. Enck visited the Cornell Dubilier Superfund site in South Plainfield, NJ where $30 million in American Recovery and Reinvestment Act funds were allocated to cleanup the site and benefit the community. According to EPA:
Cornell Dubilier Electronics, Inc. operated at the site from 1936 to 1962, manufacturing electronic parts and components, including capacitors. The company dumped material contaminated with polychlorinated biphenyls (PCBs) and other hazardous substances directly onto site soils during its operations. EPA has detected PCBs in the, ground water, soil and in building interiors at the industrial park and at nearby residential, commercial and municipal properties. EPA also has detected PCBs in the surface water and sediments of the Bound Brook, which crosses the site's southeast corner. A pre-1991 investigation conducted by the New Jersey Department of Environmental Protection in the vicinity of the former CDE facility revealed significant ground water contamination consisting mainly of the volatile organic compounds, trichloroethylene and tetrachloroethylene. Due to widespread contamination, residential wells in the area were closed and residents hooked up to a city water supply. In 1998, EPA began cleaning the interior of homes near the site that contained PCBs in household dust and potentially responsible parties at the site removed PCB-contaminated soil from homes.
Enck spoke about progress being made in cleaning up the site. Chemical pollutants have migrated off site into nearby homes and Bound Brook, a tributary to the Raritan River. As a result, fish are highly contaminated with unsafe levels of PCBs and should not be eaten.
The event, while designed to highlight the Obama Administration's environmental and economic revitalization efforts, also sent a strong message to the incoming Administration of Governor elect Chris Christie, who has already challenged EPA oversight and threatened a moratorium on regulations.
That message is: EPA will not only be investing significant funds in environmental cleanup in NJ, but will be overseeing federal environmental laws and holding the State accountable to implement federally delegated and/or funded programs.
EPA provides millions of dollars to NJ DEP to administer federally delegated clean air, clean water, safe drinking water, toxic site cleanup, and hazardous waste management programs. That funding, in addition to federal law mandates, provides EPA Region II with tremendous leverage over NJ DEP.
In August 2009, EPA issued a scathingly critical audit of NJ DEP's performance (See: EPA AUDIT RIPS NEW JERSEY DEP PERFORMANCE - Corrective Actions Never Implemented for Toxic, Wetlands and Other Programs. In June 2008, the EPA Inspector General issued a highly critical report of NJ DEP that prompted EPA Region II to take over cases that had been mismanged by NJDEP. (See: EPA REPORT BLASTS NEW JERSEY TOXIC CLEAN-UPS - State Failures to Enforce Law Lead to Worst Delays in the Country
NJ recently privatized its state toxic site cleanup program, so Enck's early focus on the Superfund program is a clear indication that EPA will be looking closely at how NJ implements the privatization scheme.
Enck's high profile visit provides an early pushback to Christie's campaign statements regarding EPA oversight. In October, Christie laid down the gauntlet:
"I've got a feeling that you will see, come January 2010, a lot of battles between the Christie administration DEP and the Obama administration EPA." (watch YouTube)
Just days after his election, Christie promised to impose a moratorium on regulations, to make it "easier for business", an act which is certain to raise issues regarding compliance with federal EPA requirements. Recently, EPA used federal power to block implementation of Governor McGreevey's so called "Fast Track" environmental permit law and to scale back the scope of Corzine's "Permit Extension Act".
EPA Region II oversees the states of NY and NJ and the territory of Puerto Rico. Enck's is the first EPA Region II Administrator in recent memory that is not from NJ, so she is not beholden to any NJ players which gives her a stronger degree of political independence. Enck was a member of former NY Governor Elliot Spitzer's team and was with Spitzer when he served two terms as NY Attorney General. Enck helped make environmental enforcement a high priority for Spitzer and comes highly praised by both NY and NJ environmental communities.
Enck's boss, EPA Administrator Lisa Jackson was previously NJDEP Commissioner and Chief of Staff to Governor John Corzine. Jackson is recused and can not participate in EPA decisions in NJ. This provides Enck more autonomy and control in NJ within the EPA chain of command, yet it also requires that she avoid any appearance of favoritism in NJ.
The site visit was coordinated with remarks by South Plainfield Mayor Charles Butrico and Senator Frank Lautenberg's Office. Importantly, there was a significant presence of members of State and local environmental groups and media. So, overall, this was a very well planned, well executed, and successful event for the new EPA RA.
Enck will face challenges in holding NJ DEP's feet to the fire. It is clear that she is up to that task, and has made oversight of NJ a priority.
We have written about and will be closely following these development. (some fishy history here)
I just listened to Governor Elect Chris Christie's victory speech, where he pledged to "turn Trenton upside down" and, among other things, focus on "cutting onerous regulations".
As I wrote previously, I believe that these are traditional conservative republican code words for slashing DEP employees and rolling back environmental regulations opposed by corporate business interests.
So, my pledge to you Mr. Christie, is that we will be very closely monitoring what you do at DEP and to the body of environmental and public health protection regulations.
As you move into transition planning (hopefully a transparent and balanced process we volunteer to participate in, but doubt your interest in appointing our expertise), we remind you of some basic facts:
1) taxpayers pay less than 2 tenths of 1% of the State budget to fund the operating budget of DEP. This implements the polluter pays policy. There is no taxpayer savings to be had by further slashing DEP budgets. ONLY 24.7% of DEP's FY 2009 $230 million operating budget, just $56.81 million, is paid by taxpayers from the state general fund. (read DEP budget here);
2) numerous studies show that the benefits of environmental and health regulation far exceed the costs;
3) numerous studies show that pollution imposes massive public health and ecological costs of NJ residents and the economy;
4) DEP and enforcement of environmental regulations have had no impact on the current economic recession, which is driven by collapse of the financial system, not "onerous regulations";
5) almost all DEP programs are federally funded, federally enforceable, and/or federally delegated. NJ is currently not in compliance with many federal clean air, clean water, safe drinking water, and toxic site cleanup requirements
6) the people of NJ strongly support enforcement of environmental and public health protections, on a bipartisan basis.
(and the two south jersey republican who called for elimination of DEP lost)
Last, I hope the NJ Environmental Federation was listening closely tonight - and wonder how well they will sleep.
[Note: cross post - for version with links to supporting documents, see:
http://wolfenotes.com/
According to the Press of Atlantic City today, Republican challengers in the Assembly 1st District (Cape May/Cumberland/Atlantic) want to eliminate the DEP.
Let me repeat that - political candidates for the NJ Assembly want to eliminate DEP.
I am one of DEP's biggest critics, but this is ridiculous - I think we've crosed some kind of rhetorical threshold (and DEP does not get $327 million in state funding).
This kind of know nothing assault is what happens when the environment is taken off the public policy agenda during an election cycle.
This is not the mere radical craziness of a couple of South Jersey Republican challengers. These perverse views are shared by many uninformed politicians and voters.
The Governor has failed to lead on the environment, and has a poor record. So Corzine has no incentive for even mentioning the environment during the campaign.
Worse, Republican challenger Christie recklessly invites such crazy attacks by his call to slash DEP budgets further and transfer the natural resource programs out of the agency.
Independent Daggett, a candidate who knows better and has actual environmental management experience as USEPA Regional Administrator and DEP Commissioner, is not exactly out there leading the charge defending DEP.
The media is depleted by downsizing, diverted by the political circus, and seemingly locked into traditional horse race electoral coverage that ignores policy issues.
Environmental groups - heavily invested in Trenton lobbying - seem to have lost all ability to organize and mobilize the public, or shape public opinion.
Let's hope the voters can see through it, but that may be tough, because no one is talking about the environment, the protections DEP provides,or the economic facts.
If the typical voter is not concerned about DEP's public health protections (clean air, clean water, drinking water, toxic site cleanup, oil and chemical plant safety, et al) and is concerned only about taxes and money, one fact they might want to consider is that ONLY 24.7% of DEP's FY 2009 $230 million operating budget, just $56.81 million, is paid by taxpayers from the state general fund.
Over 75% of DEP's budget comes from industry fees, pollution enforcement fines, and federal EPA grants. (read DEP budget here)
The total State budget for FY 2009 was $32.87 BILLION. That means that DEP's share of the state budget was less than 2 tenths of 1% (0.17% - do the math).
There is NO money to be saved by cutting DEP.
Additional cuts to DEP's budget can not be justified on fiscal grounds.
Actually, cuts would INCREASE taxpayer burdens because DEP would receive less federal grant funds and fee and fine revenues would be reduced as DEP workload decreases. These would have to be made up with general funds from the taxpayer.
Taxpayers are getting a bargain at DEP!
It's the polluters and developers who want DEP eliminated, not the voters.
Shameful republican hacks are manipulating public opinion and doing the bidding of polluters and developers, who want DEP off their backs.
[Note" cross post - for version with all the links and photo, go to:
http://wolfenotes.com/
Symbolically illustrating the importance of the issue, the very first piece of legislation Governor Jon Corzine signed in the year 2007, was the so called "Kiddie Kollege" law (P.L. 2007, Chapter 1.). To much fanfare, in a January 11, 2007 press release, Corzine proclaimed:
GOVERNOR CORZINE SIGNS LEGISLATION TO IMPROVE ENVIRONMENTAL SAFETY AT SCHOOLS AND CHILD CARE CENTERS
TRENTON - Governor Jon S. Corzine today signed legislation to help ensure that child care and educational facilities are environmentally safe for the children attending them.
"This bill will help identify and remediate educational facilities and child care centers located on environmentally high risk sites," Governor Corzine said. "This puts New Jersey at the forefront of states nationally in protecting children from environmental contaminants while at child care facilities and schools."
At the time - and in testimony during legislative review of the bill - we warned both the Governor and Legislators that the entire approach was fatally flawed and would not be effective in protecting children from toxic chemical exposures while at schools and daycare centers across the state.
Basically, the fatal flaw was to try to address a massive problem in NJ's toxic site cleanup program with a band aid - the daycare licensing process.
But of course its a lot easier politically to sweep the issue under the rug by making it only a day care licensing issue, than it is to take on the powerful chemical industry lobby in New Jersey that is responsible for the problem. Daycare centers don't have lobbyists or make campaign contributions.
Perhaps even worse, we have learned that the Attorney General's Office has issued a legal opinion that says that the Kiddie Kollege law DOES NOT APPLY to existing schools. This opinion basically calls the Governor a liar.
The Middlesex preschool case exposes multiple flaws and loopholes in the Kiddie Kollege law:
1. The Middlesex Boro pre-school where unsafe indoor levels of benzene and TCE were recently found is located virtually on top of an old landfill. Proper closure and cleanup of the landfill is regulated by and is the responsibility of DEP and has NOTHING to do with day care licensing.
2. The source of the chemical fumes in the preschool are caused by what is known as "vapor intrusion"; a process where volatile organic chemicals move from a toxic waste site through groundwater and soils and enter a building from below (see this for a good explanation) . Identifying sites and controlling vapor intrusion into buildings is regulated by and is the responsibility of DEP and has NOTHING to do with day care licensing.
3. The source of the chemicals in the pre-school are from a DEP regulated discharge of hazardous substances to soils and groundwater. Cleanup of contaminated sites is regulated by and is the responsibility of DEP and has NOTHING to do with day care licensing.
4. Thousands of children in hundreds of schools across New Jersey are potentially impacted by vapor intrusion from toxic sites and industrial emission sources. These pollution sources are regulated by DEP and have NOTHING to do with day care licensing.
The Middlesex preschool tragedy was predictable, predicted, and entirely preventable. So, for purposes of public education and accountability, let's walk quickly through the history of all the warnings that were not heeded by the Governor and Legislators, all of whom knew better:
In August 2006, when the Kiddie Kollge daycare tragedy emerged, we warned:
MERCURY-LADEN DAY-CARE CENTER IN NEW JERSEY IS NO ANOMALY
"What is going on in New Jersey is both unbelievable and to be expected from its deliberately anemic toxic cleanup laws. There are likely hundreds more ticking toxic time bombs out there that have been re-developed with DEP's blessings."
When DEP failed to respond aggressively to the tragedy, we warned that a coverup would likely ensue:
CALL FOR INSPECTOR GENERAL TO HEAD MERCURY DAY-CARE PROBE - Severe Toxic Problems Acknowledged in 2002 Internal "Vulnerability Assessment
"If we do not want to see this type of debacle recur, it is crucial that the underlying policy, regulatory, and program weaknesses be identified - and that is a job for the Inspector General."
When we disclosed that DEP was negotiating a voluntary agreement with the polluter of Kiddie Kollege that poisoned 60 toddlers, we warned:
NEW JERSEY TOXIC CLEANUP PROGRAM EXPOSED AS TOOTHLESS TIGER - State Allows Industry to Control Cleanup Even In Most Egregious Cases
"New Jersey only cleans up contaminated sites with the consent of the polluter - how nuts is that?" If the Kiddie Kollge scandal cannot produce meaningful reform, then heaven help us because we apparently cannot help ourselves."
When DEP conducted a flawed statewide "assessment" of 4,200 day care centers within 400 feet of a toxic waste site, we warned:
60 MORE NEW JERSEY DAY-CARE CENTERS NAMED ON TOXIC WARNINGS - Hundreds of Homes, Schools and Other Facilities May Also Be Vulnerable
"Why is DEP not also giving warning notices directly to parents, teachers and neighboring residents?"... "What is being found at day-care centers is just the tip of a much bigger chemical pollution problem that New Jersey is not ready to acknowledge,"
When we uncovered documents that showed that DEP was actively covering up the problem, we warned:
NEW JERSEY AGENCY SAT ON SECRET LIST OF 6,000 TOXIC DANGER SITES - Latest Corzine "Kiddie Kollege" Reform Scheme Falls Well Short of Mark
"These documents show that that DEP knew perfectly well that tragedies like Kiddie Kollege were accidents just waiting to happen,... According to testimony delivered by Bill Wolfe, the Corzine plan contains several other major flaws:
The bill skips over existing health risks at more than 700 day care centers which are located on or within 400 feet of contaminated toxic waste sites plus as many as 100 schools located on or near toxic waste sites;
When similar toxic problems were found at schools, we warned:
TOXIC SCHOOL SCANDAL SPOTLIGHTS WEAK NEW JERSEY LAW - Parents Get No Notice of Child's Exposure in Deregulated State Clean-Up Program
"As we have repeatedly warned, every few months another toxic scandal will erupt and state officials will again try to act as if they do not know how it could happen. The place to start looking for answers is in the mirror."
When scores of old landfills were shown to be polluting groundwater and emitting poison gases into nearby homes across the state, we warned:
NEW JERSEY POSTS LIST OF 831 DIRTY DUMPS BUT NO CLEANUP PLAN - More than One in Six Abandoned Dumps Polluting Groundwater
"A number of housing developments have sprung up along the perimeter of the landfills, without proper notification to purchasers or adequate cleanup and closure. In some places, [toxic] gas has migrated into basements and drinking water wells have been contaminated.... In a December 12, 2006 letter, Bill Wolfe asked the Corzine administration to warn potentially impacted residents"
When so the called Kiddie Kollege reform legislation was being considered by the legislature, we warned:
NEW JERSEY TOXIC DAY CARE REFORM BILL STILL MISSES THE MARK - State Grasping for Quick Fixes to Broken Brownfields Program
"While the intent and some provisions of this ambitious legislation are commendable, the bill fails to address the underlying flaws in NJ toxic site cleanup laws, while the indoor air program may be unworkable,"
When the Kiddie Kollege bill was on Governor Corzine's desk, we warned and requested a conditional veto::
CORZINE URGED TO CLOSE LOOPHOLES IN TOXIC DAY-CARE BILL - Conditional Veto Could Strike Out Exemptions and Strengthen Safeguards
"This is the moment when Governor Corzine needs to back up his rhetoric of being independent from special interests. If Governor Corzine will not act now to protect children from a lifetime of damage from breathing poisonous vapors, when will he act?"
Imagine the anguish of being told your child was exposed to cancer causing industrial chemicals while at daycare. Our kids went to daycare, so I understand a parent's concerns and fears - but our worst health fear for our kids was contraction of pink eye.
Yet, almost 3 years to the day after the tragic Kiddie Kollege episode where 60 toddlers were poisoned by mercury vapors while at daycare (see NY Times "After Mercury Pollutes a Day Care Center, Everyone Points Elsewhere") that's exactly what another group of New Jersey parents were told last week.
And again, similar to the Kiddie Kollege case, (see NY Times "Memo Shows Agency Knew of Danger in Child Care Building" ) the DEP knew or should have known and failed to take steps to prevent the problem or adequately warn parents.
So here we are again. We were disgusted but not surprised that yet another toxic daycare center was discovered operating in NJ in Middlesex Boro. This is an intolerable situation - DEP must stop putting out kids at risk and engaging in crisis management, reacting to one scandal after another.
Last week, the local newspaper reported: New tests show elevated chemical vapor levels in Middlesex Borough preschool
MIDDLESEX BOROUGH - A second round of tests has confirmed the presence of elevated vapor levels of two chemicals inside a local church preschool, but not in amounts anywhere near enough to shut the facility, the borough's environmental engineering firm has reported.... According to Ferguson, the latest air samples showed levels of TCE fumes at 16 micrograms per cubic meter in the preschool room at the church complex and 9.7 micrograms per cubic meter in the youth lounge. The findings for benzene fumes were eight micrograms per cubic meter in the preschool room and 13 micrograms per cubic meter in the youth lounge.
"These levels do not pose an adverse health risk," said Ferguson. ...
Mayor John Fuhrmann, who attended Monday night's meeting, said he's satisfied with the way the company is handling the tests, adding that he expects the firm to present a remediation proposal "as soon as possible."
Both Fuhrmann and Ferguson noted that the source of the vapors has not been determined, but said the firm is working to find that out.
Trichloroethylene is a common household cleaning solvent, often used as a degreaser, Ferguson said. It is odorless in the amounts found in Sadat's air samples.
First, I suspected that the local reporter got badly spun, because right off the bat I knew that Mr. Ferguson was factually in error and was therefore misleading parents with his bogus claim that the levels posed no adverse health risk.
Here are some facts: The DEP indoor air level for benzene, a proven human carcinogen, is 2 microgram per cubic meter. The reported levels in this preschool are 13 micrograms, which is more than 6 times or 650% higher than DEP's indoor air level.
The DEP indoor air level for TCE, a proven human carcinogen, is 3 micrograms per cubic meter. The reported levels are 16 micrograms, which is more than 5 times or at least 533% higher than DEP's indoor air level. In August tests, the TCE levels were even higher (the reader can confirm this and read the complete DEP Vapor Intrusion Guidance document here).
Yes, these are DEP's chronic indoor exposure levels, but there is great uncertainty regarding children's health effects and exposure is completely preventable.
Children are particularly susceptible to the adverse health effects of cancer causing chemicals because their lungs are still under development; they have high inhalation rates relative to body mass, high lung surface area per body weight, low lung clearance rates, narrow lung airways, and immature immune systems. Children metabolize chemicals differently than adults and are far more vulnerable to chemical exposure than healthy adult males used to calculate most risk assessments.
The "acceptable risk" of a child's exposure to industrial chemicals while at a daycare is ZERO (0) - "ND" or "non-detect"
Parents can refer to federal toxicological profiles of benzene and TCE here - the common sense bottom line is to minimize exposure:
"Living near gasoline fueling stations or hazardous waste sites may increase exposure to benzene. People are advised not to have their families play near fueling stations, manufacturing plants, or hazardous waste sites.")
Second, I was baffled as to why a Mayor would be satisfied with this totally unacceptable situation.
Well, it turns out that the source of the problem is the Middlesex Boro landfill and/or underground gasoline storage tanks (UST) 100 feet or so from the day care center. So we now understand why the Mayor would have an incentive to minimize the problem.
Third, I was curious as to why a consultant that is known for the cleanup of hazardous waste sites was suggesting that common household cleaning compounds might be a source of the problem in the pre-school (and not the old landfill and USTs). These volatile organic industrial chemicals have poisoned soil and groundwater at hundreds of sites in New Jersey, including the indoor air of nearby buildings.
Well, in turns out that the consultant works for Middlesex Boro, who owns the liability for the landfill and UST problems, so again we now understand why the consultant's first loyalty is to his client and why they too have professional and legal liabilty incentives to minimize the problem.
So I took a trip out there. I spoke with the day care center owner, toured the site, spoke with local officials and neighbors, and took some photographs.
What I saw confirmed my suspicions, so I filed OPRA requests with the Middlesex Boro clerk's office and the DEP to get the data and smoking guns.
I also will send a letter to DEP Commissioner Mauriello that makes a series of recommendations, the most important being immediate installation of a subslab vapor recovery system at the day care center. If such a system is not installed immediately (less than 2 weeks) then the facility should be closed until a system is installed.(the letter is similar to Memo to DEP: Protect Kids - Enforce the Law
DEP recently oversaw installation of a system at Atlantic Highlands Elementary School, where indoor air levels were significantly lower than in this Middlesex preschool. (see: A Win for the Kids and Parents of Atlantic Highlands
US EPA installed a system in the Franklin Township Elementary School where, again, where levels were significant lower than in Middlesex.(see EPA Final Franklin Elementary School Presentation)
The children of Middlesex Boro deserve at least the same level of protection as that provided by DEP and EPA in other school settings.
More shoes to drop in this story, as we explain what went wrong, why it went wrong, and who is accountable.
Part II - Corzine daycare center reforms failed (Wednesday)
Part III - DEP ignored repeated warnings which led to tragedy (Thursday)
Part IV - What the case files say - (pending OPRA replies)
Part V - The solution installed - subslab vapor mitigation system (pending)
Part VI - Lessons learned and real reform agenda (pending)
Former head of the DEP and current EPA Administrator Lisa Jackson was on Real Time with Bill Maher last Friday. Here is much of the segment:They talked about states that have brought the federal government along to higher standards, but said that we should be past the states leading the way on clean energy because in a year or two, China will literally clean our clock. They talked about hybrid technology, but that how the electricity is generated is very important. Maher brings up how raising beef causes more global warming than cars, to which Jackson tried to gloss over the answer, but Maher wasn't having any of it. Then they started talking about water and people getting sick from it with everything added in the water supply. Jackson said we should be concerned that we don't know enough about clean water and water is a concern for us. Then they moved to toxic chemicals management, to which Jackson said they're trying to move the bar back to think about what will happen at the end
Frank Brill puts up an interesting read over at the Enviropolitics blog searching for answers about the recent endorsement decisions and rhetoric of the state Environmental organizations:
The New Jersey Environmental Federation (NJEF), one of the largest enviro-activist organizations in the state has endorsed not only a (gulp) Republican for governor but (double-gulp) one who served in the federal government under Bush/Chaney.
Yes, we're talking about Chris Christie.
Surprised? Amazed? And maybe a bit baffled?
We are, too.
It was one thing for the Sierra Club to endorse former NJDEP Commissioner Chris Daggett's independent campaign for governor. But it's another for the NJEF, which had originally announced it would make no endorsement in the race, to come out for Christie.
And on the Sierra Club's endorsement of Christie and criticisms of Corzine, which have been over the top and relentless:
The pounding culminated in the astonishing claim that Corzine is the worst environmental governor in history.
Whoa! Did they forget all about Christie (Honey, I shrunk the DEP) Whitman and Jim "fast track development" McGreevey?
If they think shrinking the DEP was bad, just wait for Christie who wants to "Restore the DEP to it's core mission. Brill wonders why Corzine doesn't get any credit for the work he has done from these groups:
Is this the same Jon Corzine who the rest of us have seen signing one environmental bill after another? The governor who got out ahead of virtually all other states in setting aggressive goals for greenhouse gas reductions. The guy who has backed cap-and-trade, solar-energy incentives and offshore wind power development?
And, even if the Sierra Club wasn't satisfied with Corzine's record, it's one thing to back another candidate to display your convictions but totally another to flay a sitting governor who just might win re-election. That, we submit, is just plain dumb.
I haven't understood the politics of their approach all along. I just don't understand how Chris Christie is a logical choice for people that have been disappointed with the current Governors policies and neither do other groups. Brill says that the flaw in their plan is that Corzine may win, so all of this opposition and rhetoric may come back to bite them. We'll have to see how this one shakes out.
"I've got a feeling that you will see, come January 2010, a lot of battles between the Christie administration DEP and the Obama administration EPA."
What does he mean? Does Christie plan to go further than the EPA? No, not at all. As Loretta Weinberg says:
"Chris Christie has boasted that he would fight the Obama administration's efforts to protect our air," said Weinberg. "He has said that his first target for budget cuts would be environmental protection and that he'd roll back regulations that protect our air and water. Christie has vowed to follow Sarah Palin and Mark Sanford's lead and reject more than $70 million in federal funds to invest in our state's energy programs and he is opposed to the open space bond issue which would protect our remaining green space. I don't know about you, but I will take the recommendation of the President and the former Vice President when it comes to matters of the environment."
I got a tip and was able to catch lobbyists for the chemical industry in the act. They met privately today with DEP Commissioner Mark Mauriello. The meeting was to discuss, among other things, appointments to a controversial new DEP Science Advisory Board (SAB).
It is precisely these kind of off the record private lobbying meetings between DEP and regulated industry and developers that illustrate the need for more transparency at DEP. We recently petitioned DEP to force public disclosure of these kinds of private meetings. That petition is currently before Commissioner Mauriello, who must make a decision shortly.
At the federal level, the Obama administration has emphasized greater transparency in government. In response, EPA Administrator Lisa Jackson posts daily schedules of EPA managers on the EPA website, something Jackson explicitly rejected while NJ DEP Commissioner.
Yesterday, we filed a lawsuit seeking access to exactly these kinds of records that show chemical industry political intervention at DEP.
The chemical industry is pressuring Mauriello to appoint the following industry scientists to the SAB:
Anne Masse - employed by Dupont
John Gannon - also w/Dupont at Wilmington, De. plant
Joseph West - Merck Research Laboratories, Rahway NJ
Daniel Caldwell - Stout and Caldwell Engineers and South Jersey Development Council
DEP is an administrative agency that is required by law to make open and transparent decisions based on law, science, and the public interest, not politics in back room deals with lobbyists for special interests.
Chemical industry political lobbying has no place in the DEP decision-making process, and must be restricted. Current Election Law Enforcement Commission (ELEC) laws already mandate reporting of these kind of lobbying attempts "to influence government processes". But far stronger restrictions are required. Forcing public disclosure is a good first step in that process of minimizing the corrosive effects of special interests on DEP.
We recently warned of a Hostile Takeover of DEP Science - Industry Seeks to Stack Board with Cronies, the latest in an orchestrated War on Science by politically powerful polluters and developers in NJ. The Star Ledger reported on that in a September 20, 2009 story, "Scientists line up to join DEP's controversial new advisory panel".
Since then, we received additional leaked DEP documents and emails which show that the NJ Chemistry Council (the trade group and lobbyist for NJ's chemical industries) is seeking to have Dupont and Merck scientists appointed members of a controversial new DEP Science Advisory Board. Similar industry efforts to stack federal Science Advisory Boards during the Bush administration were repudiated by scientists. A Science magazine editorial "Advice without Dissent" hit the nail on the head:
The Bush administration has made some unwise recent moves that undermine the process by which scientists provide advice to the U.S. government. The applicable current law (the Federal Advisory Committee Act), which requires these advisory bodies to ". . . be fairly balanced in terms of the points of view represented and . . . not be inappropriately influenced by the appointing authority or by any special interest," is more than empty boilerplate....
Instead of grappling with scientific ambiguity and shaping public policy using the best available evidence (the fundamental principle underlying public health and environmental regulation), we can now expect these committees to emphasize the uncertainties of health and environmental risks, supporting the administration's antiregulatory views. And in those areas where there are deeply held conflicts in values, we can expect only silence. Regulatory paralysis appears to be the goal here, rather than the application of honest balanced science.
In fact, DEP Commissioner Mark Mauriello is meeting with the Chemistry Council this Thursday to discus SAB appointments. Commissioner Mauriello, in contrast to federal law that mandates balance and prohibits inappropriate influence by special interests, has virtually unbounded discretion to appoint SAB members.
So, with some of the documents already in hand, I filed an OPRA request to obtain all of them. But in an attempt to keep this chemical industry campaign a covert war, DEP denied the OPRA request.
In response, today, PEER filed a lawsuit against DEP seeking all the documents. We are confident that we will prevail in this lawsuit and that the documents will disclose industry pressure to politicize science at DEP and protect polluters from DEP regulations.
This industry effort must be derailed. Formal industry control over DEP science would have profoundly detrimental impacts on the health of residents and the natural environment.
See below press release for details.
For Immediate Release: Monday, September 28, 2009
Contact: Bill Wolfe (609) 397-4861; Kirsten Stade (202) 265-7337
Industry Moves to Take Over Jersey Eco-Science Board
DEP Sued to Force Release of Lobbying Messages for Industry-Backed Scientists
Trenton - Industry wants to pack a new state environmental Science Advisory Board with its own scientists, according to Public Employees for Environmental Responsibility (PEER) which today filed a lawsuit to obtain public records regarding the industry lobbing effort. Department of Environmental Protection (DEP) Commissioner Mark Mauriello is reportedly making final picks for the 12-member board this week after meeting with the Chemistry Industry Council this Thursday.
The suit challenges the denial by DEP of an Open Public Records Act (OPRA) request filed by PEER seeking public records related to industry nominees and political lobbying for the Science Advisory Board (SAB) appointments. The DEP broadly claimed that practically all the requested documents are exempt from OPRA on the grounds that the pending appointments will be treated like candidates for employment, and thus confidential. Board members, however, are not DEP employees, nor would they be paid.
"DEP cannot make public records secret on the basis of an analogy," stated New Jersey PEER Director Bill Wolfe who filed the document request. "Industry has a huge stake in getting friendly scientists on the board that will make the final recommendation on public health regulation."
In late 2008, former DEP Commissioner Lisa Jackson abolished the Division of Science and Research, based in part on a recommendation of her Permit Efficiency Task Force, chaired by Chris Daggett, now an independent candidate for Governor. The Science Advisory Board is supposed to substitute for the work formerly done by DEP scientists.
Thus far, more than 100 nominations have been submitted. Industry associations have put forward scientists from major manufacturers such as DuPont and Merck as well as from engineers and technical specialists from industry-oriented consultant firms. This Thursday, October 1st, Commissioner Mauriello, who chooses the board members, will meet behind closed doors with the Chemistry Industry Council of New Jersey, the primary lobby group representing state-based manufacturers.
In recent months, DEP scientific studies have been the subject of intense industry lobbying pressure to amend or suppress, on public health topics ranging from the effects of chemicals, such as PFOAs made by DuPont, to cement dust blowing through Camden neighborhoods. The Administrative Order creating the SAB specifies a conflict of interest review of board nominees but it is not clear what specific rules will be applied, except that members are not supposed to act on matters in which they have a "financial or personal interest" - terms left undefined.
"It appears that industry will soon be providing the final edits on all scientific work done at DEP," added Wolfe. "Without transparency in the selection process, there will always be the doubt that this board will more concerned with political science than environmental science."
The OPRA lawsuit was filed today on behalf of PEER by Michael Pisauro of the Princeton-based firm of Frascella & Pisauro, LLC.
In New Jersey, the chemical industry (not government) makes life and death decisions - based on how much it would cost - on whether and how to protect nearby communities from accidental release of toxic chemicals. Talk about "Death Panels"! Consider the "Fatal Fifteen" - There are 15 New Jersey chemical plants where each plant poses a threat to 100,000 people or more. (see Report/list of facilities here)
Why is the chemical industry allowed to essentially regulate itself on such a critical public safety issue? Why are risks from deadly accidental chemical releases to communities kept secret?
Because Jon Corzine, acting as Governor, reversed the strong position he took as US Senator and never delivered on the promises made during his 2005 campaign with respect to mandatory chemical plant safety and open public environmental (EPA) regulatory oversight of the program. That fact was conceded by Corzine's own head of Homeland Security in this revealing NY Times quote:
Richard Cañas, director of the New Jersey Office of Homeland Security and Preparedness, said the Corzine administration has had difficulty convincing businesses that switching to safer technology is worth the price, which can run into tens of millions of dollars at a single plant. "To the extent that replacing technology is going to break the bank, they're not willing to go that far," Mr. Cañas said. "It's always money that impedes what you'd like to do."
The core elements of Corzine's state level chemical plant safety program regulations, e.g. whether a chemical plant must upgrade technology or change operations to reduce risks - are VOLUNTARY and decided by industry, not MANDATORY and selected by government (see: Toxic Catastrophe Prevention, inherently safer technology, Security at chemical and petroleum facilities, et al)
Critical aspects of the chemical plant safety program, particularly with respect to public disclosure of health and safety risks posed by chemical plants on nearby communities - such as "off site consequence analyses" that provide maps of the zone where all exposed individuals would die - are kept secret and under control of the Homeland Security regime, not DEP regulators. Homeland Security type restrictions mean that this critical information is kept secret, and exempt from public right to know (RTK) and public records laws (OPRA).
The NY Times was the only press outlet to call Corzine out on that here:
Corzine's Chemical Security Stance Draws Scrutiny a Year Into His New Job
By DAVID KOCIENIEWSKI
Published: December 28, 2006
As a United States senator, Jon S. Corzine was relentless in warning that the nation's chemical plants, and the railways that carry their potentially dangerous cargo, are vulnerable to a devastating terror attack.
He traveled the country promoting legislation to force many manufacturers to use fewer toxic chemicals. In 2004, he even stood outside a chlorine plant in northern New Jersey, pointing out its flimsy security to a camera crew from "60 Minutes."
But in the 11 months since he was sworn in as New Jersey's governor, Mr. Corzine has taken a far more measured approach to the issue, disappointing some of the chemical security experts who helped him form his proposals in the Senate. These advocates say that the Corzine administration has made little tangible progress on increasing security at the 15 New Jersey chemical plants, and that each plant poses a threat to 100,000 people or more. They accuse the governor of being too intent on appeasing the chemical industry, which provides more than 80,000 jobs in the state....
Mr. Corzine's approach to domestic security illustrates a basic reality of government: sweeping changes are sometimes easier to propose as a legislator in the minority party than to carry out as an executive in power. ...
But those rules do not require the companies to adopt the safer processes if they deem them too expensive. And chemical safety advocates, like Rick Engler of the Work Environment Council, say it is often hard to know how much progress has been made because the state has been unwilling to release much information....
State environmental officials have acknowledged that many of the state's most dangerous plants continue to use and store stockpiles of toxic chemicals near major population centers. That would include the chlorine plant in Kearny, in Hudson County, only about 10 miles from Midtown Manhattan, which Mr. Corzine toured with the "60 Minutes" crew.
That story never got out in the NJ press corps, who seemed unwilling or incapable to challenge the spin of Corzine press releases, like this:
But the Governor himself admitted he reversed course in response to pushback by the chemical industry - even more troubling, this is the first time I've ever heard traditional regulatory requirements referred to as a "super hammer":
"I think people in the industry are worried that if we don't get results we may use the super hammer," he said, referring to such a mandate. "So we've gotten much better response because we've done this in a sensible, realistic manner."
I guess Corzine sure is no carpenter, because he's kept that "super hammer" well sheathed.
For additional information and links to the press clips and pertinent regulatory documents, see:
Chemical plant risk decisions privatized in NJ
New Chemical Plant Rules Rely on Voluntary Measures
Still At Risk: Protecting NJ's Jobs, Families and Hometowns from Toxic Disasters
ps - to understand what's really going on, forget the press releases - you gotta read the fine print of the regulations, like this (see boldface) - this pretty obviously says that the key protective decisions are up to the industry not DEP regulators, and that plant economics can be considered (economics means profits). So the chemical industry itself decides what risks (of death) are feasible and worth reducing: profits before people is policy.
Proposed new N.J.A.C. 7:31-3.6(e) requires the owner or operator to determine whether the [inherently safer technology] IST alternatives are feasible, which means capable of being accomplished in a successful manner, taking into account environmental, public health and safety, legal, technological, and economic factors. (link here)
A huge shot was fired today in what has been a dirty and expanding covert war on science at DEP - today's Star Ledger reports:
Scientists line up to join DEP's controversial new advisory panel
Sunday, September 20, 2009
More than 100 scientists have applied to join the Science Advisory Board, a panel being created by the state Department of Environmental Protection to provide expert opinions on several environmental questions. ....
Faced with ongoing budget cuts and staff reductions, [DEP Commissioner] Mauriello contends the advisory board is a natural fit for lean times. ...But critics claim the board will be a tool for pro-development and industry forces that want to roll back tough pollution standards and circumvent the DEP's own scientific staff....
"This thing was created because the science and research people inside the DEP are perceived at top levels as out of control because they did not let politics and the wishes of the administration get in their way of recommending such things as a tougher chromium clean-up standard in Jersey City," said Bill Wolfe of Public Employees for Environmental Responsibility, or PEER....
"For 20 years this has been the goal of business and industry: to dismantle the DEP's Division of Science and the extensive research they have done to protect the public health and environment from developers and polluters," said Jeff Tittel of the Sierra Club.
Behind the scenes, powerful chemical and pharmaceutical lobbyists are aggressively pushing for their own industry scientists to take over control of environmental and public health science at DEP. This move mirrors a discredited tactic of the Bush Administration, to stack EPA and FDA Science Advisory Boards with industry flacks to promote industry's economic interest over the best science and public health protection.
There are direct consequences to protections we now enjoy, because independent science is required to establish those protections and to monitor and enforce them. Questions of science and regulatory policy are inextricably linked. Every day, DEP makes decisions based on scientific standards and protocols, from managing fish and wildlife, wetlands and endangered species protections, enforcing air and water pollution permits, to warning residents about contaminated unsafe drinking water. Science and technical issues can not be isolated from policy and implementation of programs legally put in place to protect the public and regulate harmful actions of industry. Yet, DEP Commissioner Maurielleo misleads the public by pretending that they are:
Mauriello said he tried to defuse such suspicions through the wording of the May directive he issued to create the board. The work of the panel, according to the directive, would be "limited to specific scientific and technical issues" that the commissioner pitches its way, "not policy or regulatory matters." Mauriello also said the board will report to the DEP's staff of scientists, who are helping to select its membership.
Mauriello's May 2009 Order is riddled with loopholes, but does mention the need to limit scientific bias, but falls far short of a absolute ban on conflicts of interest. This failure invites and opens the door to industry control.
To provide a sense of just how dirty the covert science war has become, consider the fact that the NJ Chemistry Council is pushing employees of Dupont and Merck pharmaceuticals, some of the largest toxic polluters in NJ. How convenient to have a Dupont employee in control of the scientific health risk assessment of PFOA, a toxic chemical that is manufactured by his employer, Dupont. Risk assessments form the basis of regulations. Control the science and you control the regulations. These industry scientists are NOT independent, they have scientific biases and economic conflicts of interest. They MUST be excluded. Yet again, DEP Commissioner Mauriello misleads the public by saying:
"I respect the fears of the environmentalists," Mauriello said. "But it can only be a good thing to have an independent group of scientists to look at what we do. The days of thinking we don't need outside assistance are over."
In order to reveal this covert war to the public, I filed an Open Public Records Act (OPRA) request . It was denied by DEP. DEP is protecting the chemical industry, NJ Builders Association and Business and Industry Association who are working behind the scenes. DEP is trying hard to keep the public from even knowing about this important debate. It is not just industry that won't release the names of individual scientists - DEP won't even reveal documents that show the existence behind the scenes industry lobbying! This DEP secrecy is especially troubling, because the industry's agenda is made clear:
Business and industry advocates have long wanted an advisory panel, although one with more official power to alter regulations. They have endorsed some candidates for the new board but have not released names.
"Too often the New Jersey Department of Environment Protection has set standards which have not been reflective of scientifically, peer-reviewed studies, said Hal Bozarth, executive director of the Chemistry Council of New Jersey. "This has led to the cost of compliance for New Jersey's manufacturers to become far higher than in other states, Likewise, remediation of sites is far more expensive and often more time-consuming than in other states, while providing little or no extra protection. Therefore, a scientific advisory board comprised of scientific experts will provide many benefits to New Jersey in how it deals with its environmental issues."
Former DEP Commissioner Lisa Jackson caved to political pressure and abolshed DEP's Division of Science and Research, and promoted a private Science Advisory Board.
So, I was pleased to read that the Star Ledger identified former DEP Commisioner Lisa Jackson as the person responsible for this sell out of scientific integrity to political pressure by powerful polluters:
Mauriello's directive came five months after the DEP reorganized its Division of Science, Research and Technology into an Office of Science under a director of policy and planning. That change was put in place by DEP commissioner Lisa Jackson before she left in November to head the federal Environmental Protection Agency.
David Brogan, NJBIA misleads the public about DEP science and regulatory practices.
But even though this story has been smoked out in the media, the industry hacks continue to lie. David Broagan of NJBIA KNOWS that DEP considers a broad array of scientific sources, not just DEP scientists, and that DEP routinely conducts external peer review of scientific research sponsored or conducted by DEP. Yet he lies nonetheless:
"David Brogan of the New Jersey Business and Industry Association said it is time the DEP heard from scientists outside a state laboratory. ...
But even in an advisory capacity, the new board will offer "cutting-edge" information that may otherwise not be available to the state or public, said Elizabeth George-Cheniara of the New Jersey Builders Association,
The only thing "cutting edge" these industry flacks will offer is the company line - which of course - "is not otherwise available to the public"!
For Immediate Release: Wednesday, September 16, 2009
Contact: Bill Wolfe (609)397-4861; Kirsten Stade (202) 265-7337
TOXIC NEW JERSEY ELEMENTARY SCHOOL FINALLY WINS RELIEF
Vapor Intrusion Controls May End Three-Year Ordeal at Atlantic Highlands
Trenton - The students, staff and parents of a New Jersey elementary school suffering from an underground plume of toxic chemicals finally may be getting some help, according to documents released today by Public Employees for Environmental Responsibility (PEER). A state-approved vapor intrusion plan will be in place next month at Atlantic Highlands Elementary School in Monmouth County on the northern New Jersey shore.
For more than three years, children and teachers have been exposed to unsafe indoor toxic air pollutants that exceed state vapor intrusion levels. In announcements this week, the New Jersey Department of Environmental Protection (DEP) says that it will oversee installation of a "sub-slab vapor mitigation system" to reduce chemical exposures within school facilities.
"While this is good news, it is long past due because the state DEP again has fallen down on the job," stated New Jersey PEER Director Bill Wolfe, a former DEP analyst, who had been prodding the state to address the long-standing problem. "Even this new remedial action is the result of a voluntary negotiated settlement and not a state enforcement action."
A plume had migrated under the school building from an abandoned industrial site across the street that is the suspected source of the problem. Groundwater and soil have become contaminated with the toxic chemicals Trichloroethylene (TCE) and Tetrachloroethylene (PCE). Despite indoor air readings far above safety levels, cumulative risks to children have not been quantified nor were protective measures taken.
For several months, an organized group of parents has worked quietly with the DEP case manager and local schools officials and was led to believe that a sub-slab depressurization system would be installed before the start of this school year. Under the arrangement just unveiled, portions of the school will have to be closed to install vapor controls.
"As recently as last week, DEP denied it even had jurisdiction. Only the threat of publicity sparked this action," Wolfe added. "The state needs clear rules so that this sort of buck-passing cannot recur."
PEER points to areas of ambiguity that the state has not clarified, including whether the "Kiddie Kollege" law (enacted after a mercury-laden day-care scandal) applies to existing schools whose land becomes contaminated or only to new schools located on land that is contaminated. In addition, to avoid delays and needless exposure of children, DEP should issue an enforcement Spill Act Directive to the Responsible Party with a compliance schedule and stipulated penalties in cases such as Atlantic Highlands.
"This case shows that all of the rhetoric about children being the top enforcement priority is just so much hot air," Wolfe concluded. "Health protections should have been put into play at the first sign of danger."
###
Read the DEP announcement about measures at Atlantic Heights Elementary
See the PEER letter to DEP
Trace the three-year history of the Atlantic Highlands struggle
Look at recent problems with toxic schools in New Jersey
Last week, we exposed and called on DEP Commissioner Mauriello to resolve a totally unacceptable situation in Atlantic Highlands. Children were being exposed to toxic chemical vapors seeping into their elementary school building, while the DEP failed to enforce the law and require the polluter to cleanup. (see:
http://wolfenotes.com/2009/09/...
Parents had organized and were working with local school officials, but the polluter was dragging his feet. DEP failed to back local efforts by enforcing State cleanup laws to hold the polluter accountable. As a result, more cleanup delays ensued as the polluter was allowed to flout cleanup requirements. Children were needlessly exposed to toxic chemicals.
We are pleased to note that the organizing and hard work of a committed group of parents paid off - DEP just announced a cleanup agreement. Congratulations to those parents and kudos as well to local school officials.
Three years after DEP first learned of the problems at the school, DEP Assistant Commissioner Irene Kropp finally announced the following:
The DEP case manager attended a meeting at 1:00 PM with the Atlantic Highlands School Superintendent, his attorney and his consultant along with the potentially responsible party (PRP), his attorney and his consultant. The case manager called just minutes ago to advise me of the following:
The outstanding issues between the parties have been resolved;
The Atlantic Highlands School Board will formally approve the installation of the DEP-approved sub-slab vapor mitigation system at tomorrow's Board meeting;
The PRP's consultant will begin installing the system on September 21, with an anticipated completion date of October 16;
The system will be installed on a room-by-room basis while school is in session, however, the rooms undergoing installation will be closed for the entire school day;
The cafeteria/kitchen installation will take place between October 9 through 12, while the school is scheduled to be closed;
In light of these developments, we will not be preparing a formal response to Mr. Wolfe's inquiry.
Please contact Assistant Director Ken Kloo, at 2-1251, if you have specific questions or need additional information.
Irene Kropp
Assistant Commissioner
Site Remediation Program
NJDEP
A federal audit of New Jersey's Department of Environmental Protection identified what it called "significant shortcomings" in how the DEP operates, especially in the division that handles contaminated site cleanups.
The DEP's site remediation program doesn't provide proper oversight of contaminated site cleanups because program officers don't follow up with field audits or internal assessments, according to the federal Environmental Protection Agency report, released Thursday.
The EPA faulted the DEP officials for failing to verify what the private contractors of polluters told them about site cleanups. The DEP officials even told the EPA during interviews that the contractors were "certified professionals and taken at their word," the report said.
In the report, the EPA also criticized the DEP because several programs, including site remediation and the wetlands program, operate outside the department's quality assurance system. The audit noted that many site remediation staff and managers didn't even know that the DEP has an Office of Quality Assurance.
While the report was critical of short comings, it wasn't all negative:
Some positive highlights were noted during EPA's closing meeting with Department's senior managers. Among the highlights were that the Office of Quality Assurance's Laboratory Certification Program has improved the frequency of laboratory audits since our last assessment of the program in 2005. Also, the Bureau of Surface Water Permitting, the Bureau of Technical Services, and the Bureau of Environmental Radiation were found to be in compliance with the NJDEP Quality Management Plan and have functioning quality systems.
A 2005 EPA audit identified many areas for DEP improvement, which the DEP responded to in 2006 with a list of corrective actions it would take. This new audit notes that "many of the corrective actions identified ... were never completed" by the DEP.
Those corrective actions had been outlined in a plan issued by then-DEP Commissioner Lisa Jackson, who took over the EPA earlier this year. The audit and its critique of DEP performance provide an awkward instance of the agency Jackson used to run coming under criticism by the agency she heads now.
News Releases
For Immediate Release: August 27, 2009
Contact: Bill Wolfe (609) 397-4861; Jeff Ruch (202) 265-7337
EPA AUDIT RIPS NEW JERSEY DEP PERFORMANCE - Corrective Actions Never Implemented for Toxic, Wetlands and Other Programs
Washington, DC - A new audit by the U.S. Environmental Protection Agency faults the quality and consistency of New Jersey programs for cleaning up toxic wastes, preserving wetlands and other key functions, according to Public Employees for Environmental Responsibility (PEER). Many of the defects were first identified in a 2006 audit but Lisa Jackson, then head of the New Jersey agency and now EPA Administrator, neglected to put in place most of the corrective steps she had pledged to implement.
The new EPA audit of "Quality System Assessment" reviews whether the New Jersey Department of Environmental Protection (DEP) can measure what it does, whether its data is reliable and how it tracks results over time. While EPA found that DEP had made some progress, the federal agency concluded that several major DEP components suffer from "significant shortcomings" and fail to meet minimal federal standards for management quality and performance. Among the findings are -
The state program for cleaning up toxic wastes operates on an honor system and does not check industry claims: "None of the Site Remediation Program's bureaus interviewed do any project assessment and/or process improvement beyond data validation, (i.e. no field audits, no split samples, no internal assessments, etc). The EPA assessment team was told that Responsible Party contractors and/or NJDEP contractors are 'certified professionals and taken at their word'";
The state wetland protection program lacks any quality assurances that its permit, land use and inventory of rare species habitat is accurate; and
Many of the steps that EPA identified in a previous audit to improve departmental performance, including data collection, tracking and training, were still absent three years later despite a Corrective Action Plan submitted in April 21, 2006 by then-DEP Commissioner Lisa Jackson laying out an implementation schedule. Jackson remained Commissioner for the next two and a half years after submitting that plan and was confirmed to lead EPA this past January.
"This audit is an indictment of DEP management for failing fundamental tests of competence," stated New Jersey PEER Director Bill Wolfe, a former DEP analyst. "Without basic procedures for assuring the accuracy and quality of performance data a public agency cannot even be sure that its shoes are tied."
This audit is just the latest failing grade issued to DEP management. In 2008, for example, EPA was forced to intervene and assume control of several state-supervised Superfund clean-ups, following a scathing Inspector General report decrying inordinate delays and mismanagement. Ironically, Jackson's prior EPA experience before she came to DEP had been in Superfund.
"Recent DEP Commissioners, including Lisa Jackson, have been far more concerned with political appearances than reality," added Wolfe, noting that an agency review commissioned by Jackson in 2008 did not mention a single issue tagged by the new EPA audit. "In order to effectively protect New Jersey's environment, we need to let public servant specialists do the job they are supposed to do."
###
Read the EPA audit on Quality Assessment
Look at the scathing 2008 Superfund audit
Review Lisa Jackson's record at New Jersey DEP
Revisit Jackson's DEP efficiency review
New Jersey PEER is a state chapter of a national alliance of state and federal agency resource professionals working to ensure environmental ethics and government accountability
As I reported previously, Chris Daggett served as Chairman of the DEP "Permit Efficiency Review Task Force". He was appointed to that position by DEP Commissioner Lisa Jackson http://www.nj.gov/dep/permittf...
That DEP Task Force had ethical problems from the outset. Several of its members represented clients that had ongoing regulatory issues or projects seeking approvals before the DEP, including Daggett himself.
This, at best, created the appearance of a conflict of interest, or actual conflicts. State ethics laws prohibit creation of even an appearance of impropriety, as well as an actual conflict of interest.
To remedy these problems, DEP Commisisoner Jackson was asked to make the Task Force deliberations tranparent and to restrict conflicts of interest - oth she adn Daggett failed to do so:
NEW JERSEY TO CONSULT INDUSTRY ON ECO-REWRITES IN SECRET - "Efficiency" Task Force Members Not Barred from Self-Dealing with DEP
Trenton - An industry-dominated task force to recommend an overhaul of state anti-pollution permits and policies will work in secret, according to an e-mail from the Department of Environmental Protection (DEP) Commissioner Lisa Jackson to Public Employees for Environmental Responsibility (PEER). Commissioner Jackson also rebuffed PEER recommendations that materials submitted to the task force are made a public record and that task force members be barred from lobbying DEP for their clients.
On March 25, 2008, New Jersey PEER Director Bill Wolfe wrote Jackson asking that task force sessions be open to the public, materials submitted to the task force be made publicly available and that task force members "be precluded from having any contracts, pending regulatory approvals, or financial relationships with the Department" during the 120-day life of the task force.
In a return e-mail on the evening of April 2, 2008, Commissioner Jackson denied all of PEER's requests:
Public input "can only occur once the Task Force has completed its analysis and compiled the group's thoughts and recommendations. At that time, I will determine how to most effectively seek and obtain input from the public"; and
"I do not consider it necessary or reasonable to restrict members of the Task Force or their respective employers from having other business before the Department."
See this link for full documentation of these claims, including internal DEP documents, Jackson emails etc:
http://www.peer.org/news/news_...
BTW, a very reliable source has told me that Chris Daggett owned contamainted property and has huge economic stakes in DEP "brownfields", permitting, and toxic site cleanup issues he presided over and made recommendations on as Task Force Chair. I was also told, but have not confirmed, that Daggettt owned the parcel of contaminated Jersey City land that was involved in the Assemblyman Harvey bribery criminal indictment.
