HARLEM’S NORTH RIVER WASTEWATER TREATMENT PLANT:
SANCTUARY OR SEPULCHER?
A growing body of studies clearly show that communities of
color bear a disproportionate burden of pollution problems
in the United States. Communities of color are adversely
affected by industrial toxins, dirty air and drinking water,
and the location of municipal landfills, incinerators, and
hazardous waste treatment, disposal, and storage facilities.
Robert Bullard1
Introduction
People in communities all over the world are engaged in a perpetual battle for environmental
survival. The war against pollution at the community level spans the globe. In North Carolina, Warren
County residents fought, and continue to fight, against contamination by polychlorinated biphenyls
(PCBs).2 In Nigeria, the Ogoni people fought, and continue to fight, against devastating oil spills by Shell
Oil Company and other oil companies. 3 Controversy began in 1914 over where to build a new wastewater
treatment plant in New York City. Almost 50 years of debate and controversy over the siting issue
“officially ended” in 1962 when the New York City Planning Commission approved a 28-acre site in
Harlem (on the Hudson River, west of the West Side Highway from 137th Street to 145 th Street). The
North River Wastewater Treatment Plant (NRTP) began full operation in April 1991. 4 Community protests
and complaints against the NRTP continued from 1962 to the present and various community-based
Robert D. Bullard, “Race and Environmental Justice in the United States,” Yale Journal of International
Law (1993): 18.
2
Raquel Pinderhughes, The Impact of Race on Environmental Quality: An Emperical and Theoretical
Discussion of Structured Inequality in the United States, (Aguirre and Baker, Prentice-Hall, 2000), 397;
“When residents learned that PCBs from the landfill were likely to enter their drinking water supply they
worked with the United Church of Christ and the Southern Christian Leadership Conference to organize a
massive protest against the siting. There was widespread protest, including nonviolent civil disobedience
protest against the siting. Protesters came from all over the country and 500 people were arrested. The
protest marked the first time anyone in the country had been jailed trying to halt a toxic waste landfill.”
3
Robert Fay, Environmental Movements in Africa, Africana: The Encyclopedia of the African and African
American Experience. (Appiah and Gates, Basic Civitas Books, 1999), 678; “Some 300,000 Oganis – 60
percent of their population – gathered on January 4, 1993, in a massive peaceful demonstration protesting
Shell’s activities and the resulting degradation. Shell’s complaints about the demonstration drew a decisive
response from the Nigerian government, which called in the military . . .to break up the protest…an
estimated 2000 Ogani men, women, and children were killed by the Nigerian military and many more were
arrested.”
1
environmental organizations continue to monitor the NRTP for compliance with applicable environmental
laws and court orders. 5 Many community residents and environmental groups contend that opposition to
the NRTP was quelled by the City and State government’s agreement to build the multi-million dollar state
park on the roof of the NRTP.6 The Riverbank State Park has become one of the Harlem community’s
most treasured recreational sanctuaries. 7 However, in the middle of Riverbank State Park there are several
100-foot ventilation stacks that emit carbon monoxide (CO), hydrogen sulfide (H2S), particulate, metals,
and volatile organic compounds (VOCs). The sewage treatment process in NRTP beneath the park emits
these substances.8 Should community residents and visitors be concerned about the emissions from the
plant? Of course they should be concerned. The judicially mandated requirements set forth in the North
River Odor, Flow, and Emissions Control Order (dated July 1, 1992) 9 was imposed on the government to
address legitimate and critical community health concerns. Is the NRTP a sanctuary or a hidden sepulcher?
This is a complex question. This evaluation of two of the monitored VOCs will provide a methodology and
information for non-scientist laypersons, judges, or juries. This paper will evaluate scientific data in recent
environmental compliance reports from the NRTP.10 The evaluation will focus on the New York
Department of Environmental Protection (DEP) North River Air Quality Monitoring Program data on
carbon tetrachloride (CCl4)11 and benzene (C6H6).12
4
New York City Department of Environmental Protection, Bureau of Public and Intergovernmental
Affairs, North River Wastewater Treatment Plant, April 1997, http://www.ci.nyc.ny.us/dep.htm.
5
West Harlem Environmental Action (WHEACT) located in Harlem, New York is one of the primary
organizations whose mission is to protect the environment of Harlem and New York City residents.
http://www.crp.cornell.edu/projects/westharlem/links.html.
6
The author discussed this issue with several community residents and environmental groups.
7
See supra note 4. “The roof of the building is the home of Riverbank State Park, a popular recreational
facility with three swimming pools, and amphitheater, an athletic center, a skating rink, a restaurant and
sports fields –and, of the two New York State park facilities in the City, the only one built on tip of a water
pollution control plant. North River has been widely recognized for its innovative design.”
8
Id, Sources of VOCs include any process or activity that uses organic solvents, coatings, or fuel,
including the sewage treatment process.
9
In the Matter of the Alleged Violations of Articles 17 and 19 of the Enviornmental Conservation law and
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR),
(DEC Case Number: R2-3669-91-05, et al). North River Odor, Flow, and Emissions Control Order (July
1, 1992).
10
New York City Department of Environmental Protection North River Air Quality Monitoring Program.
Pariculate, Metals, Volatile and Semi-Volatile Organic Compounds ,(New York City Department of
Environmental Protection, Office of Environmental Quality) January 2000, prepared by: Environmental
Monitoring Instruments, 430 Hollywood Avenue, Crestwood, New York 10707 (914-961-8687).
11
Richard P. Pohanish and Stanley A. Greene, Hazardous Substances Resource Guide, 2d ed., (Publisher,
1997), 204-205. Carbon tetrachloride (CCl4) other names: Benzinoform, Carbona, Carbon Chloride,
2
Both carbon tetrachloride (CCl4) and benzene (C6H6) are VOCs, which means they are “organic
carbon compounds that exist in the gaseous state in ambient air.” 13 The strong, sweet smell of carbon
tetrachloride (CCl4) is similar to chloroform or ether (See Appendix A: CCl4 stereo chemical image). This
very dangerous chemical poses a triple threat to humans and animals. It is a carcinogen, mutagen, and a
neurotoxin. It can cause cancer, cause genes to mutate (or change), and can destroy the nervous system.
Carbon tetrachloride (CCl4) is poisonous and has earned the distinction of being listed on the Community
Right-to-Know List.14 Benzene (C6H6) is also extremely dangerous to humans when it is released into the
air. Benzene has a sweet odor, similar to carbon tetrachloride (See Appendix B: C6H6 stereo chemical
image). The potential danger to community residents is obvious and this danger is more insidious because
the absence of odor does not mean you are not being exposed. Despite this fact, “[t]o improve the control of
odors from [NRTP], New York City has recently spent an additional $55 million beyond the cost of
construction of the original odor control facilities. North River’s odor control facilities are among the most
elaborate in the [United States].” Dispite the tremendous expense of the odor control members of the
Environmental Justice Advisory Group (EJAG) remain vigilant about the toxic emissions from NRTP. Ms.
Peggy Shepard, Executive Director of West Harlem Environmental Action (WHEACT), is one of several
members of EJAG.15 According to Ms. Shepard one of WHEACTs missions is to evaluate the compliance
reports from NRTP and other sites in Harlem that pose an environmental threat to the health of community
Carbon TET, Fasciolin, Flukoids, Freon 10, Halon 104, Methane Tetrachloride, Necatorine,
Perchloromethane, and Univerm,
12
Benzene (C6H6): “This is a colorless liquid with a sweet odor. It is widely used in the United States.
Some industries use benzene (C6H6) to make other chemicals which are used to make plastics, resins, and
nylon and synthetic fibers. Benzene (C6H6) is also used to make some types of rubbers, lubricants, dyes,
detergents, drugs, and pesticides. This chemical is a known human carcinogen. Long-term exposure to
high levels of benzene (C6H6) in the air can cause leukemia, cancer of the blood-forming organs.”
http://www.atsdr.cdc.gov/tfacts3.htm.
13
Robert A. Meyers and Diane K. Dittrick, Encyclopedia of Environmental Pollution and Cleanup, vol. 1.,
(1999) 55; The EPA defines a volatile organic compound as “any compound of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which
participates in atomospheric photochemical reactions
14
Supra note 11 at 271. “Poisonous if breathed. May cause dizziness, headache, vomiting, nausea, extreme
fatigue and drowsiness, nose and throat irritation, confusion, loss of balance, tremors, irregular heartbeat.
Long-term exposure: Vapor is narcotic and causes severe liver and kidney damage. May cause liver
cancer; potential for damaging to unborn human or animals.”
15
See generally, http://wwwdec.state.ny.us/website/ej/memberlist.html.
3
residents and New Yorkers generally. Where does carbon tetrachloride (CCl4) and benzene (C6H6) come
from during wastewater treatment process at NRTP and how much is being released into the air?
The Wastewater Treatment Process
Wastewater treatment is generally divided into three stages: preliminary, secondary, and advance
wastewater treatment.16 The NRTP uses a variation of all three of these treatment stages, “…wastewater
goes through five major steps: preliminary treatment, primary treatment, secondary treatment, disinfection
and finally sludge treatment.”17 The primary and secondary processes take about seven hours to remove
85% to 90% of the pollutants from the wastewater. Even after primary and secondary treatment the treated
water still contains disease-causing organisms that are removed by a chlorine-contact to disinfect the water
before it is released into the Hudson River. 18
Carbon tetrachloride (CCl4) and Benzene (C6H6) enter the
NRTP daily from specific locations or point sources (industries that use these chemicals for manufacturing
or as solvents) within New York City. However, it is generally accepted that these chemicals primarily
enter the NRTP from thousands of unknown locations or “non-point sources.”19 Carbon tetrachloride
(CCl4) and benzene (C6H6) are accumulated and emitted during wastewater operations. Figure 1 illustrates
the various points during the wastewater process where these VOCs are emitted. As you can see these
chemicals escape into the air at every stage of the wastewater treatment process.
16
Daniel B. Botkin and Edward A. Keller, Environmental Science: Earth as a Living Planet, 3d ed.,
( 2000): 429. “Wastewater treatment occurs at specially designed plants that accept municipal sewage
from homes, businesses, and industrial sites. The raw sewage is delivered to the plant through a network of
sewer pipes. Following treatment the wastewater is discharged into the surface water environment (river,
lake, or ocean) or . . . used for another purpose, such as crop irrigation.”
17
New York City’s Wastewater Treatment System: Cleaning The Water We Use, Protecting The
Environment We Live In, New York City Department of Environmental Protection (DEP)(on file with
author or go to: http://www.ci.nyc.ny.us/dep.
18
Id, “To disinfect and kill harmful disease-causing organisms in the treated wastewater. Disinfection
…protects the health of people who use local bathing beaches …and other recreational activities on or near
the water.”
19
Id. and See generally, Philip Weinberg and Kevin A. Reilly, Understanding Environmental Law
(Matthew Bender 1998) 127, glossary, “Non-Point Source: Diffuse pollution sources (i.e., without a single
point of origin or not introduced into a receiving stream from a specific outlet). The pollutants are
generally carried off the land by storm waters. Common non-point sources are agriculture, forestry, urban,
mining, construction, dams, channels, land disposal, saltwater intrusion, and city streets.” Common
4
Equipment Leaks
Product transfer
Raw sewage storage
Process units
Wastewater
Figure 1. Emission points from wastewater treatment process. The black arrows (
) indicate
the various points in the treatment process where toxic fumes escape into the air. 20
The Monitoring Report: Carbon tetrachloride (CCl4) and Benzene (C6H6)
The City of New York, Department of Environmental Protection (DEP) contract with
Environmental Monitoring Instruments, Inc. (EMI) to monitor ambient air pollutants as part of the North
River Air Quality Monitoring Program. The January 2000 report (JY2K report) on particulate, metals,
volatile and semi-volatile organic compounds is the focus of this paper. These reports are required monthly
and cover a wide range of chemicals that are emitted and potentially emitted into the air and released into the
Hudson River. The NRTPs air quality monitoring system uses three air quality monitoring stations
(AQMS)21 that are located in the adjacent residential Harlem community. The following data was collected
from AQMS #6 which is located at 626 Riverside Drive (149 th Street and Riverside Drive). The air samples
innocent-looking household products are a tremendous non-point source of hazardous or toxic substances
that end up in sewage treatment plants.
20
Supra note 13 at 362.
21
According to the Environmental Monitoring Instruments, Inc. (EMI) report “all AQMSs’ incorporate a
climate-controlled shelter for the continuous emission monitoring analyzers and data acquisition units. The
data acquisition unit’s automated sequences control the startup and shutdown of the manual monitoring
samplers. The sampling time for all of the manual samplers are set fro twenty-four hours.”(on file with
author).
5
are collected using the latest EPA methodology. 22 The samples are analyzed using a gas
chromatograph/mass spectrometer (GS/MS). The GS/MS determines the type and quantity of specific
VOCs in parts per billion units of air (ppb v/v). According to the JY2K report there were four days during
January 2000 that the amounts of both Benzene (C6H6) and carbon tetrachloride exceeded the minimum
detection limit (M.D.L.) at AQMS #6. The chart below is a summary of the JY2K data including the
specific collection dates, results and M.D.L. for benzene (C6H6) and carbon tetrachloride (CCl4).23 The
M.D.L. for these chemicals is critical because although both benzene (C6H6) and carbon tetrachloride (CCl4)
are hazardous to humans and animals indoors and in ambient air, there are no specific legal reporting limits
(RL) for the emission of these chemicals. The MDL is used to determine the RL. Currently the EPA has set
RLs for carbon tetrachloride (CCl4) in drinking water and releases into wastewater, and minimum
concentration limits for workplaces have been set by the Occupational Safety and Health Administration
(OSHA).24 However, the New York State Department of Environmental Conservation (NYSDEC) and the
EPA want to determine a RL for releases into outside air and possibly set a standard for these chemicals.
Even if the NYSDEC does set a RL or other standards, establishing a connection between the emission of
these harmful chemicals into the outside air and impact on community health is extremely difficult.
Community health risk assessment will be discussed in the next section. Both the EPA and NYSDEC have
not set a RL or standard for benzene (C6H6) releases into outdoor air. According to The Agency for Toxic
Substances and Disease Registry (ATSDR) “[o]utdoor air contains low levels of benzene (C 6H6) from
tobacco smoke, automobile service stations, exhaust from motor vehicles, and industry emissions.” 25 The
outdoor air near wastewater treatment plants contain higher levels of benzene (C 6H6).26 Human exposure to
benzene (C6H6) can be determined, but like carbon tetrachloride (CCl4), health impacts are difficult to
determine. The NYSDEC has developed the Toxic Air Monitoring System (TAMS) that monitors VOCs
22
Id. at 2, EPA TO-15 Methodology is the latest ambient air analysis methodology. According to EMI
“this new analytical method will allow for the generation of accurate and statistically valid sampling data.
This will in turn result in the development of a database for VOCs which maybe utilized by any interested
regulatory or community organization.”
23
Id.
24
Agency for Toxic Substances and Disease Registry (ATSDR) 1994, “Has the federal government made
recommendations to protect human health?” http://www.atsdr.cdc.gov/tfacts30.html
25
Id.
26
Id.
6
statewide.27 The data reports from this program include the actual or proposed annual guideline
concentration (AGC). Unfortunately the AGC is not helpful in determining whether the community is safe
fro these and other chemicals. The “AGCs are guideline values only, developed for screening and toxicity
ranking, and are not standards or absolute limits of acceptable risk.” 28
The compliance data from NRTP is complex and has no real meaning unless a connection is
established between the chemicals reported and people. The one method for making practical use of
environmental compliance data (ECD) is the “young scientific discipline of ‘chemometrics.’”29 This new
discipline offers tremendous possibilities for understanding and using ECD. The sheer amount of ECD from
NRTP is overwhelming and the amount environmental information is expected to increase exponentially.
This is the situation at any location that is being monitored by the government at any level. The rapid
development of chemometrics. . .
was initiated by advances in intelligent instruments and laboratory automation as
well as by the possibility of using powerful computers and user-friendly
software. [C]hemometrics became a tool of analytical chemistry.
. . .
mankind has also become increasingly aware of problems resulting from
environmental pollution.
The pathways and effects of pollutants in
environmental compartments and on human beings are very complex and often
largely unknown. The need to obtain more and deeper knowledge on
environmental pollutant loading led to the active development of environmental
analytical methods.. . . [However], the enormous flood of data and [the fact that]
environmental data [is] characterized by [its] extremely varying character …and
the complexity of the objects under investigation urgently require the application
of chemometric methods, particularly in the field of environmental research.”30
Using chemometrics involves all of the “E buzz words,” referred to by many environmental
experts, “earth, ecology, environment, energy, education, economics, ethics, equity, emotion, education,
experiment, empowerment, and aesthetics.”31 According to Dr. Rahni the integration of information from all
relevant sources has a synergistic affect.32 Scientific methods like chemometrics are ideally suited to
27
NYSDEC; http://www.dec.state.ny.us/website/dar/reports/voc_rpt/>
28
Id.
Einax, J. W., Zwanziniger, H.W., and Geib, S., Chemometrics in Environmental Analysis, Germany,
1997.
30
Id. at VII.
31
Dr. Rahni, D. N., “Scientific and Technological Issues in Environmental Law,” lecture at Pace
University School of Law, (September 7, 2000).
32
Id.
29
7
evaluate both individual and synergistic affects on the environment and humans because the method uses all
available resources to arrive at useful conclusions and is interdisciplinary. 33
“Some scientists also use the
term ‘environmetrics’ for the application of chemometric methods in the field of environmental science.” 34
Before any of these methods can be used effectively possible gross errors or systematic errors can be
detected by using general statistics. Basic statistical analysis can determine the precision and accuracy of
data. The data collected from the NRTP using AQMS #6 must be evaluated to determine its precision and
accuracy. Prior to using any of the scientific methods discussed above a basic statistical review requires:
determination of the rank series, median, range, arithmetic mean (mean), variance, and standard deviation of
the collected data.
The data was collected in January 2000 at NRTP/AQMS#6 on both benzene and carbon
tetrachloride. The calculations below indicate that the data values fall within a normal range in relation to
the mean. In other words, as a rule of thumb: approximately 68% of the data values should fall within one
standard deviation of the mean; approximately 95% of the data values should fall within two standard
deviations of the mean; and all the data values should fall within three standard deviations of the mean.
The mean of the benzene data values is .58 and the standard deviation is .1761. (See Appendix C: example
of calculations for benzene.) The results of the calculations are summarized below and on the graph at
Appendix D.
Benzene (C6H6)
Rank Series: .35, .39, .40, .52, .57, .60, .60, .61, .83, .88
Median: .59
Range: .53
Arithmetic Mean: .58
Variance: .0310
Standard Deviation: .1761
Carbon Tetrachloride (CCl4)
Rank Series: .10, .10, .10, .12
Median: .10
Range: .02
Arithmetic Mean: .11
Variance: .0001
Standard Deviation: .01
33
34
Supra note 26 at 3.
Id.
8
Before any decisions or conclusions can be drawn from the NRTP data it is critical to
evaluate the accuracy and precision of the data.35 Calculating the variance and standard deviation of the
data allows a determination about whether there is a normal distribution of data.
V.O.C.
Collection Date
Result
Unit
M.D.L.
Benzene (C6H6)
1/5/00
0.39
ppb v/v
0.1201
Benzene (C6H6)
1/7/00
0.52
ppb v/v
0.1201
Benzene (C6H6)
1/11/00
0.61
ppb v/v
0.1201
Benzene (C6H6)
1/21/00
0.60
ppb v/v
0.1201
Carbon tetrachloride (CCl4)
1/5/00
0.10
ppb v/v
0.0922
Carbon tetrachloride (CCl4)
1/7/00
0.10
ppb v/v
0.0922
Carbon tetrachloride (CCl4)
1/11/00
0.61
ppb v/v
0.0922
Carbon tetrachloride (CCl4)
1/21/00
0.12
ppb v/v
0.0922
Table 1: Selected Data from AQMS #6 on Benzene (C6H6) and Carbon tetrachloride (CCl4)
Application environmetrics to the selected data from NRTP (Table 1) involves several topics,
from recognition of the pollution problem to monitoring the problem for legal enforcement and community
health.36 The amount of benzene and carbon tetrachloride emitted from NRTP are expressed in part per
billion (ppb). An example of one ppb would be the equivalent of one drop in 265,000 gallons of water or
one pinch of salt in 10 tons of potato chips.37 It’s tempting to think that such minute amounts of these
deadly toxins will have no adverse impact on the health of the community, however “three factors determine
35
Einax, J.W., Zwanziger, H.W., and Geib, S, , Chemometrics in Environmental Analysis, (1997): 25; and
Miller, G.T., , Living in the Environment (2000): 41.
36
Id. at 6, “The different steps of environmental analysis maybe expressed by the following topics:
Recognition of the problem, monitoring to determine the extent of the problem, determination of the
control procedures, legislation to ensure the control procedures are implemented, and monitoring to ensure
the problem has been controlled.”
37
Miller, G. T., Living in the Environment ( Brooks/Cole: California, 2000): 17.
9
how severe the harmful effects of a pollutant are: the nature of the chemical, its concentration, and its
persistence (how long the chemical remains in the air after its emission. Of these three factors, the general
toxic chemical nature of both benzene (C6H6) and carbon tetrachloride (CCl4) are fairly well known.
However the degree of bioaccumulation and biomagnification are still being studied. Despite ongoing
studies ATSDR determined that “benzene (C6H6) does not build up in plants or animals.” 38 This conclusion
appears to be premature and inaccurate because another ATSDR study recognized that one of the negative
consequences of benzene exposure is its harmful effects on bone marrow and that it can lower the red blood
cell count in humans. Carbon tetrachloride, unlike benzene, according to ATSDR is “very stable in air and
has an estimated lifetime of 30 to 100 years…it doesn’t build up in animals…[but] we do not know if it
builds up in plants.”39 It’s interesting to note that ATSDR is still reluctant to conclude that carbon
tetrachloride bioaccumulates even when the science appears to support bioaccumulation. Clearly ATSDR is
concerned about crossing the line from science and pseudoscience. Nevertheless, armed with basic
understanding of the dangers of these chemicals and general knowledge about ecosystems and life cycles it
seems reasonable that at least the precautionary approach should be taken in this area. Further study must be
done to determine what impact the accumulation of these chemicals in plants has on animals, humans, and
plants. It is often tempting to move into the realm of frontier science, but the essence of accepted science is
that it is accepted and generally agreed upon by the scientific community.
Carbon tetrachloride (CCl4) and benzene (C6H6) also contribute to photochemical smog.40 It
appears that photochemical smog is one of several chemical reactions that occurs when carbon tetrachloride
(CCl4) and benzene (C6H6) mix with oxygen and sunlight. These VOCs combine with other known
pollutants that increase the overall health impact. Two of the chemicals that combine with VOCs to produce
a more toxic ambient air cocktail are carbon dioxide and carbon monoxide. Both carbon dioxide and carbon
monoxide are well documented as being major types of air pollution with serious health consequences.41
Additional dangers associated with carbon tetrachloride (CCl 4) and benzene (C6H6) exists because they are
both primary pollutants (dangerous alone) and secondary pollutants (they react with air, sunlight, and other
38
Supra. note 23.
Id.
40
Supra. note 33 at 474.
39
10
pollutants to create new health dangers). There are several variables that are used to evaluate the impact that
VOCs could have on a community. These variables and other issues related to community health risk
assessment will be covered in the next section.
Community Health Risk Assessment and the Pollution Standards
The most important reason for gathering data on VOCs or any other harmful chemical in
communities is our desire to assess potential health. The New York State Department of Environmental
Conservation (NYSDEC)42 and the New York State Environmental Quality Review Act (SEQRA) riskThe
factors considered when evaluating the effects of VOCs on the community are: levels/concentrations of
pollutants, duration of exposure, severity and duration, environmental conditions, and interactions among
pollutants (synergistic, additive, potentiative, and antagonistic.) This process is very complicated and
requires the analysis of information from numerous sources. The goal of a community health risk
assessment is to determine whether the health of a community (people, animals, and plants) are adversely
impacted by the specific chemicals, in this case benzene and carbon tetrachloride. Although strict standards
exist at both the State and Federal levels for these chemicals as treated effluents, there is no specific standard
for the amount of benzene and carbon tetrachloride that can be released into the ambient air (outside air)
during the wastewater treatment process. As discussed in the introduction these known toxic chemicals have
a tremendous adverse impact on human health. The AQMS system is designed to capture data on the
amount of various VOCs that are emitted into the air near NTTP, but merely reporting the M.D.L. has no
value without the existence of a scientifically derived standard to evaluate the data. There are standards
established for these chemicals to protect people in the workplace. 43 The people in the community
surrounding NRTP or any wastewater treatment plant must rely on the data that is provided (MDLs from the
AQMSs) and use this data in conjunction with other information from area health care facilities about
reported illnesses that may be related to exposure to benzene and carbon tetrachloride. In addition, there are
medical test to determine exposure to these chemicals but the existing tests are only effective with short-
41
Supra note 10 at 486.
Supra note 10.
43
According to the Agency for Toxic Substances and Disease Registry (ATSDR) Division of Toxicology
the “Occupational Safety and Health Administration (OSHA) has set a permissible exposure limit of 1 part
42
11
term exposure.44 It is well established and fully documented that and many communities, especially those
with high concentrations of African-Americans, Hispanics, and economically challenged people, “suffer
disproportionately from industrial toxins, dirty air, and drinking water, unsafe work conditions, and the
location of noxious facilities such as municipal landfills, incinerators, and toxic-waste dumps,” including
wastewater treatment plants.45 The challenges involved with determining health risk are formidable even in
places like Chester, Pennsylvania where the connection between the hazards and community health are
obvious. Unfortunately the “common sense” test is not sufficient to overcome legal standards that require
scientific proof. Establishing the connection between the emission of benzene/carbon tetrachloride from
NRTP to any adverse health problems in the Harlem community is difficult, but not impossible.
In this situation the information available from NRTP is uncertain, despite its accuracy and
precision. It is uncertain because first, we lack complete scientific information about sicknesses from
hazardous substances how they move through the air. Secondly, there are a limited number of studies on the
health effect of many chemicals, including benzene and carbon tetrachloride, on people. 46
Proposed Solutions and Conclusion
The current monitoring system at NRTP provides the community with tremendous amounts of
data on benzene, carbon tetrachloride, and other VOCs. Basic statistical analysis of the data can determine
the accuracy and precision of the data. However, there are no standards or legal limits for benzene and
carbon tetrachloride in ambient air. Specific standards for VOCs are difficult to determine because of the
many variables involved. Regulators would need to determine what the acceptable level of the chemical
should be and must take geography, wind currents, and other environmental factors into consideration before
setting a standard. Despite the challenges scientifically established standards, state-of-the-art data
of benzene per million parts of air (1ppm) in the workplace during an 8-hour workday, 40-hour
workweek.” http://www.atsdr.cdc.gov/tfacts3.html
44
Id.
45
Supra note 10 at 606. The deadly toxic situation in Chester, Pennsylvania is a classic example of
environmental racism where blood-lead level among the children and other health problems are higher than
anywhere in Pennsylvania. It is not a coincidence that Chester is the site of four hazardous and municipal
waste facilities, the nation’s fourth largest garbage incinerator, the nation’s largest medical waste autoclave,
a sewage treatment plant, and a sludge incinerator. Some of these facilities are only a few meters from the
homes of Chester residents. <http://www.penweb.org/chester>
12
collection, and proactive enforcement will be required to effectively protect the community from the dangers
of benzene and carbon tetrachloride, and other VOCs. Community-based environmental organizations like
WHEACT must remain vigilant in their efforts to monitor sources of toxic pollution in their community.
Finally, legislation is needed to require that all environmental reporting be written in a format that is easily
understood and interpreted. Applicable standards or limits for toxic substances such as benzene and carbon
tetrachloride must be established and enforced. The millions of dollars spent on odor abatement at NRTP is
important and the millions of dollars spent to build and maintain the Riverbank State Park on top of NRTP
apparently creates a beautiful sanctuary. However, reducing or eliminating “odorless” toxic chemicals is a
critical issue. Meanwhile the community innocently picnics and plays in what may be a sepulcher 47.
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47
EPA, www.epa.gov/oar/oaqps/air_risc/3_90_022.htmp
A sepulcher is a tomb, place of burial, or grave.
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Glossary
Bioaccumulation
An increase in the concentration of a chemical in specific organs or tissues at a level
higher than would normally be expected. Compare biomagnification.
Biomagnification
Increase in concentration of DDT, PCBs, and other slowly degradable, fat-soluable
chemicals in organisms at successively higher trophic levels of a food chain or web. Compare
bioaccumulation.
Pseudoscience
Discarded scientific ideas or notions not supported by accepted scientific methods.
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APPENDIX A
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APPENDIX B
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APPENDIX C
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APPENDIX D
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APPENDIX E
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