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	<title>Mary Heather Noble &#187; North Bennington</title>
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	<description>Environmental Scientist. Writer. Mother.</description>
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		<title>Labor Day</title>
		<link>http://www.maryheathernoble.com/labor-day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=labor-day</link>
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		<pubDate>Mon, 04 Sep 2017 11:19:40 +0000</pubDate>
		<dc:creator><![CDATA[Mary Heather]]></dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Bennington]]></category>
		<category><![CDATA[child labor]]></category>
		<category><![CDATA[drinking water]]></category>
		<category><![CDATA[DuPont]]></category>
		<category><![CDATA[Labor Day]]></category>
		<category><![CDATA[labor movement]]></category>
		<category><![CDATA[Lewis Hine]]></category>
		<category><![CDATA[North Bennington]]></category>
		<category><![CDATA[occupational exposure]]></category>
		<category><![CDATA[PFOA]]></category>
		<category><![CDATA[Pownal]]></category>
		<category><![CDATA[Radium Girls]]></category>
		<category><![CDATA[Sue Bailey]]></category>
		<category><![CDATA[Teflon]]></category>
		<category><![CDATA[toxins]]></category>
		<category><![CDATA[United States Radium]]></category>
		<category><![CDATA[Vermont]]></category>

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		<description><![CDATA[<p>A few months ago, my daughter’s friend was celebrating her birthday during a weekend soccer tournament. The girls all sang Happy Birthday to her after the last game of the ... </p><p>The post <a rel="nofollow" href="http://www.maryheathernoble.com/labor-day/">Labor Day</a> appeared first on <a rel="nofollow" href="http://www.maryheathernoble.com">Mary Heather Noble</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>A few months ago, my daughter’s friend was celebrating her birthday during a weekend soccer tournament. The girls all sang Happy Birthday to her after the last game of the day, before devouring the cupcakes that someone else’s mother had baked for them. We were all gathered at the picnic tables under the concession tent —all of us sunburned moms and dads, talking and laughing and snapping iPhone photos of the kids — when one of the moms turned to the birthday girl’s mother and said, “Happy Labor Day.”</p>
<p>It took me a moment before I realized what she meant.</p>
<p style="text-align: center;">*</p>
<p>In our town, Labor Day is marked by the placement of American flags all around the town, a patriotic gesture provided by the local Rotary Club. It’s a nice nod to all the workers out there — the people who stock our grocery shelves, the workers who pave our streets, the teachers who guide our children, the doctors and nurses who tend to our health. All those working people who make the American engine run.</p>
<p>It’s been over a decade now since I left my career as an environmental scientist. It almost hurts to write that down. I remember feeling panicked when I hit the 5-year mark — like I had fallen from the train and would never find my way back in. You can infer from that how I’ve been feeling about it lately.</p>
<p>Sure, I’m a writer now, and sometimes I even earn a little money. But most of the work I do — writing, volunteering, caregiving — is work exchanged in the gift economy, which is not to say that it’s unimportant or unfulfilling work, but rather un-accounted, or at least un-celebrated.</p>
<p>So I’ve been missing my old career. I miss the science, the urgency. I miss the intellectual and political stimulation. I miss the people I used to serve.</p>
<p>Sometimes, when I’m away from my children and allow my mind to wander the pastures of what might-have-been, I question the decision I made years ago to leave my career and stay at home to raise them. I had tried my hand at being a working mother, but found it too burdensome in the context of my husband’s demanding cardiology career. The ultra-marathon days, the call. That mother-fucking pager. I didn’t want to hire it out, so instead I gave my employer notice.</p>
<p>When I told some of the people whose wells I’d been monitoring for the state that I was leaving my job, they asked, “Who will make sure our water is safe?”</p>
<p>I told them that someone else would fill that role. But I couldn’t tell them that because our regulations reflect our cultural value of profit over health, that even if someone is doing the work of monitoring their wells, things can (and sometimes do) slip through the cracks.</p>
<p style="text-align: center;">*</p>
<p>I miss my former work enough that I’ve been following the environmental stories of my newly adopted state. For the past year or so, I’ve been obsessing about perfluorooctanoic acid (PFOA) in drinking water wells in the southwestern corner of Vermont, caused by the former activities of Teflon-related industry. I have written about this before.</p>
<p>I think a lot about the people impacted by this issue: the families now struggling in the face of an uncertain future, the parents laboring to cook their family meals with bottled water. These are exactly the kind of people I used to serve.</p>
<p>Back in the late 19th Century, when manufacturing laborers were gathering strength to organize and fight for worker protections against unsafe working conditions —and back when the federal Labor Day holiday was first officially sanctioned— this area of Vermont was a hub of industrial activity. The Walloomsac and Hoosic Rivers provided ample hydropower to run dozens of factories and textile mills, several of which were known to have used child labor.</p>
<p>In 1910, photographer and sociologist Lewis Hine documented these practices in the factories of Bennington and Pownal, Vermont:</p>
<p><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/09/Bennington.jpg"><img class="alignnone size-thumbnail wp-image-1348" alt="Bennington" src="http://www.maryheathernoble.com/wp-content/uploads/2017/09/Bennington-150x150.jpg" width="150" height="150" /></a><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/01/Addie-Card.jpg"><img class="alignnone size-thumbnail wp-image-1270" alt="Addie Card" src="http://www.maryheathernoble.com/wp-content/uploads/2017/01/Addie-Card-150x150.jpg" width="150" height="150" /></a><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/09/noelmill.jpg"><img class="alignnone size-thumbnail wp-image-1347" alt="noelmill" src="http://www.maryheathernoble.com/wp-content/uploads/2017/09/noelmill-150x150.jpg" width="150" height="150" /></a></p>
<p>Now, over a century later, children of the same ages as those who worked in the mills are laboring to metabolize PFOA from their bodies. Mothers have unknowingly nourished their babies with the chemicals from their spouse’s or neighbor’s former employer.</p>
<p style="text-align: center;">*</p>
<p style="text-align: left;">Happy Labor Day, she said. As in, Happy Anniversary of the day you delivered this child safely into the world. Who will he or she become? What will he or she do for a living?</p>
<p style="text-align: center;">*</p>
<p style="text-align: left;">What little we do know about the health impacts of unregulated chemicals like PFOA we owe completely to the industrial workers of the past — men and women who have been acutely and chronically exposed to toxins over the duration of their careers. Occupational exposures provide the very foundation of our epidemiological knowledge of toxic substances in the marketplace, from coal miners to <a title="Book Review: 'The Radium Girls,&quot; By Kate Moore: NPR" href="http://www.npr.org/2017/04/27/525765323/the-radium-girls-is-haunted-by-glowing-ghosts" target="_blank">the Radium Girls</a> to the more recent cases of DuPont workers injured from the manufacturing of Teflon.</p>
<p>Consider the story of Sue Bailey, a former DuPont worker at the Washington Works plant in Parkersburg, West Virginia — who was repeatedly exposed to PFOA while pregnant and then <a title="C8 suspected in birth defects: One woman's story" href="http://www.delawareonline.com/story/news/2016/04/02/c8-suspected-birth-defects-one-womans-story/81473242/" target="_blank">delivered a baby boy with severe facial deformities</a>.</p>
<p><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/09/BabyBucky.jpg"><img class="alignnone size-thumbnail wp-image-1352" alt="BabyBucky" src="http://www.maryheathernoble.com/wp-content/uploads/2017/09/BabyBucky-150x150.jpg" width="150" height="150" /></a><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/09/bucky-young-mcgarvey.jpg"><img class="alignnone size-thumbnail wp-image-1350" alt="bucky-young-mcgarvey" src="http://www.maryheathernoble.com/wp-content/uploads/2017/09/bucky-young-mcgarvey-150x150.jpg" width="150" height="150" /></a><a href="http://www.maryheathernoble.com/wp-content/uploads/2017/09/BuckyMask.jpg"><img class="alignnone size-thumbnail wp-image-1353" alt="BuckyMask" src="http://www.maryheathernoble.com/wp-content/uploads/2017/09/BuckyMask-150x150.jpg" width="150" height="150" /></a></p>
<p>Upon her return to work, Sue discovered a company memo in the women’s locker room, which cited a study that had been conducted by 3M (the company that supplied PFOA to DuPont for the manufacturing of its Teflon product), detailing the occurrence of eye deformities in the offspring of lab rats who were fed PFOA during gestation.</p>
<p>Sue confronted the Washington Works facility’s medical doctor and asked if her exposure to PFOA had caused her son’s condition. The doctor denied any causation, but within a year, the company prohibited any women of child-bearing age to work around PFOA, per the expert opinion of DuPont’s chief medical director.</p>
<p>Sue continued to work for DuPont until her son, Bucky, was five years old. He would undergo dozens of surgeries to address his medical problems, and Sue needed the income to cover the expense. She didn’t file a lawsuit against DuPont at the time, because she couldn’t find an attorney who was willing to take her case. Everyone was afraid to confront one of the region’s most important employers.</p>
<p style="text-align: center;">*</p>
<p>According to the <a title="History of Labor Day |United States Department of Labor" href="https://www.dol.gov/general/laborday/history" target="_blank">United States Department of Labor</a>, Labor Day “…is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.”</p>
<p>I interpret that concept broadly, the <em>well-being</em> of our country.</p>
<p style="text-align: center;">*</p>
<p>To this day, DuPont denies any connection between Sue Bailey’s prenatal PFOA exposure and her son’s facial abnormalities. And just like the United States Radium Company did with the Radium Girls, DuPont has spent decades and millions of dollars downplaying the toxicity of the key ingredient in its market centerpiece.</p>
<p>It should come as no surprise then, that <a title="Trump's EPA Chemical Safety Nominee Was in the &quot;Business of Blessing Pollution&quot; | The Intercept" href="https://theintercept.com/2017/07/21/trumps-epa-chemical-safety-nominee-was-in-the-business-of-blessing-pollution/" target="_blank">Michael Dourson</a> —founder of the consulting firm that DuPont hired to evaluate the toxicity of PFOA, and a DuPont-paid expert witness in the first of 3,500 lawsuits brought against the company for PFOA-related injury — has been nominated by Donald Trump to head the Environmental Protection Agency’s chemical safety office.</p>
<p>Indeed the very same division charged with determining federal drinking water standards for PFOA and other emerging contaminants. The standards that are supposed to protect us and our children, the workers of the future generation.</p>
<p style="text-align: center;">*</p>
<p> <em>Happy Labor Day</em>, she said. It took me a moment to realize what she meant.</p>
<p style="text-align: center;">*</p>
<p>Ready yourselves, fellow mothers. The work has just begun.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><span style="text-decoration: underline;">Photo &amp; Art credits</span>:</p>
<p>Cover Image: The New Yorker, cover by Art Spiegelman, May 11, 1998</p>
<p>Vermont Child Laborers: <a title="National Child Labor Committee Collection - About This Collection" href="http://www.loc.gov/pictures/collection/nclc/" target="_blank">Lewis Hine, National Child Labor Committee Collection, Library of Congress</a></p>
<p>Photo of Newborn Bucky Bailey: Bailey Family, from <a title="C8 suspected in birth defects: One woman's story" href="http://www.delawareonline.com/story/news/2016/04/02/c8-suspected-birth-defects-one-womans-story/81473242/" target="_blank">Delaware Online, &#8220;C8 Suspected in Birth Defects: One Woman&#8217;s Story&#8221;</a></p>
<p>Photo of Masked Bucky Bailey: Bailey Family, from <a title="C8 suspected in birth defects: One woman's story" href="http://www.delawareonline.com/story/news/2016/04/02/c8-suspected-birth-defects-one-womans-story/81473242/" target="_blank">Delaware Online, &#8220;C8 Suspected in Birth Defects: One Woman&#8217;s Story&#8221;</a></p>
<p>Photo of Bucky Bailey &amp; News Article: <a title="DuPont and the Chemistry of Deception | The Intercept" href="https://theintercept.com/2015/08/11/dupont-chemistry-deception/" target="_blank">Maddie McGarvey for The Intercept/Investigative Fund</a></p>
<p>&nbsp;</p>
<p>The post <a rel="nofollow" href="http://www.maryheathernoble.com/labor-day/">Labor Day</a> appeared first on <a rel="nofollow" href="http://www.maryheathernoble.com">Mary Heather Noble</a>.</p>]]></content:encoded>
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		<title>Public Health Advisory: On Water and Waste</title>
		<link>http://www.maryheathernoble.com/public-health-advisory-on-water-and-waste/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=public-health-advisory-on-water-and-waste</link>
		<comments>http://www.maryheathernoble.com/public-health-advisory-on-water-and-waste/#comments</comments>
		<pubDate>Wed, 27 Jul 2016 19:46:30 +0000</pubDate>
		<dc:creator><![CDATA[Mary Heather]]></dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Bennington]]></category>
		<category><![CDATA[C8]]></category>
		<category><![CDATA[ChemFab]]></category>
		<category><![CDATA[drinking water]]></category>
		<category><![CDATA[DuPont]]></category>
		<category><![CDATA[hazardous waste]]></category>
		<category><![CDATA[Hoosick Falls]]></category>
		<category><![CDATA[investigation]]></category>
		<category><![CDATA[Mack Molding]]></category>
		<category><![CDATA[New York]]></category>
		<category><![CDATA[North Bennington]]></category>
		<category><![CDATA[Parkersburg]]></category>
		<category><![CDATA[perfluorooctanioc acid]]></category>
		<category><![CDATA[PFOA]]></category>
		<category><![CDATA[PFOA in blood]]></category>
		<category><![CDATA[PFOA in drinking water]]></category>
		<category><![CDATA[Pownal]]></category>
		<category><![CDATA[public health]]></category>
		<category><![CDATA[public health advisory]]></category>
		<category><![CDATA[remediation]]></category>
		<category><![CDATA[Saint-Gobain]]></category>
		<category><![CDATA[Superfund]]></category>
		<category><![CDATA[Teflon]]></category>
		<category><![CDATA[Vermont]]></category>
		<category><![CDATA[Vermont DOH]]></category>
		<category><![CDATA[waste]]></category>
		<category><![CDATA[West Virginia]]></category>

		<guid isPermaLink="false">http://www.maryheathernoble.com/?p=1143</guid>
		<description><![CDATA[<p>Because he is a physician working in Vermont, yesterday my husband received a public health advisory from the state Department of Health, concerning PFOA in private drinking water wells in ... </p><p>The post <a rel="nofollow" href="http://www.maryheathernoble.com/public-health-advisory-on-water-and-waste/">Public Health Advisory: On Water and Waste</a> appeared first on <a rel="nofollow" href="http://www.maryheathernoble.com">Mary Heather Noble</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>Because he is a physician working in Vermont, yesterday my husband received a <a title="VT DOH Public Health Advisory: PFOA Blood Test Results Bennington North Bennington" href="http://healthvermont.gov/advisory/2016/documents/20160726_pfoa_blood_test_results_nbenn_benn.pdf" target="_blank">public health advisory</a> from the state Department of Health, concerning PFOA in private drinking water wells in Bennington and North Bennington. PFOA, perfluorooctanoic acid or C8, of course, is the perfluorinated chemical and suspected carcinogen used in the manufacturing of Teflon products — in this case, specialty coated fabrics at the former ChemFab manufacturing facility in North Bennington. The DOH wanted physicians to know the preliminary results of blood sampling that had been conducted for 477 residents living near the former ChemFab facility, and what health screening tests should be considered for any of their patients with PFOA in their blood.</p>
<p>Blood testing results ranged from 0.3 micrograms/liter (or ppb, parts per billion) to 1,125.6 micrograms/liter or ppb, and the geometric mean of PFOA in blood among the sampled residents was 10 ppb — five times higher than the geometric mean of PFOA believed to be present in the blood of most Americans (which is 2.1 ppb, a figure likely resulting from our ubiquitous exposure to Teflon chemicals that were present in everyday consumer products: nonstick coated cookware, stain-resistant carpets and upholstery, water-resistant clothing, paper and cardboard food packaging, and fire-fighting foam). The health advisory went on to list the known health effects reported with exposure to PFOA, and requested of my husband: “If you have a patient that you think is experiencing health effects due to PFOA exposure, please call us at 1-800-439-8550.”</p>
<p>In general, the higher the PFOA concentrations in drinking water, the higher the PFOA concentration in blood. Some studies have even shown that PFOA levels in blood serum can be up to 100 times higher than the levels found in drinking water — meaning that if someone has 2,000 ppt (parts per trillion) in their drinking water, the anticipated level of PFOA in their blood might be as high as 200,000 ppt (or 200 ppb), an order of magnitude difference.</p>
<p>Why? Because PFOA is like, well, Teflon… resistant, persistent, hard-to-break-down. The half-life of PFOA is between 2-4 years, which means it takes up residence in the body and accumulates faster than the body can expel it — doing what exactly, we’re still not sure, except perhaps, as suggested by the limited epidemiological evidence compiled so far, wreaking havoc on the thyroid, the kidneys, the intestines, the liver. In other words, a baby born with PFOA in its blood has essentially become a chemical harbor until it grows up to be a toddler, or even a preschooler, before PFOA can be completely evicted from its system. Assuming, of course, that the exposure has been removed.</p>
<p>When my husband was first studying to become a physician, he was required to take a class on the history of medicine. I can remember him showing me a graph of total fatalities mapped over time, and pointing to a distinct drop in the curve — a place where something had caused some miraculous reduction in deaths from infectious disease. What was it? Antibiotics? Vaccines? Nope. It was sanitation. Removal of waste from drinking water resources. According to <a title="Life expectancy history: Public health and medical advances that lead to long lives" href="http://www.slate.com/articles/health_and_science/science_of_longevity/2013/09/life_expectancy_history_public_health_and_medical_advances_that_lead_to.html" target="_blank">an article on longevity published in Slate.com</a>, &#8220;Clean water may be the biggest lifesaver in history. Some historians attribute one-half of the overall reduction in mortality, two-thirds of the reduction in child mortality, and three-fourths of the reduction in infant mortality to clean water.&#8221; The discovery of penicillin appeared to yield but a relative blip on the graph my husband showed me, as did the proliferation of vaccines (not to diminish the importance of either to the improvement of public health), but nothing impacted public health with such magnitude as the removal of waste from water. “The garbage man does more to save lives than I ever will,” my husband said.</p>
<p>In Parkersburg, West Virginia, a place considered by many to be ground zero for <a title="The Lawyer Who Became Dumont's Worst Nightmare - The New York Times" href="http://www.nytimes.com/2016/01/10/magazine/the-lawyer-who-became-duponts-worst-nightmare.html" target="_blank">PFOA-related contamination and injury</a>, DuPont dumped thousands of tons of PFOA into the Ohio River, unlined ponds and beyond, causing widespread contamination of surface and drinking water resources in Parkersburg and surrounding communities. In <a title="Water Pollution Investigated in Hoosick Falls, NY - CNN.com" href="http://www.cnn.com/2016/01/30/us/new-york-hoosick-falls-water/" target="_blank">Hoosick Falls, New York</a>, mishandling of PFOA at the Saint-Gobain plastics facility around the corner from the water supply well on Water Works Road has resulted in contamination of the community water supply. Investigation of the <a title="North Bennington Resident Complained for Years about Chemfab Emissions | Vermont Public Radio" href="http://digital.vpr.net/post/north-bennington-residents-complained-years-about-chemfab-emissions#stream/0" target="_blank">former ChemFab facility</a> will do doubt yield similar findings about disposal of PFOA materials, and during my latest trip to <a title="PFOA found in Pownal, VT well - Times Union" href="http://www.timesunion.com/local/article/PFOA-found-in-Pownal-Vt-well-7043527.php" target="_blank">Pownal, Vermont</a>, I was shocked to see that the proximity of the former Mack Molding plastics site to one of the community’s water supply wells was a mere 1,000 feet.</p>
<p>Contamination of drinking water from industrial waste is not a new issue, but these latest developments with PFOA raise the issue <em>yet again,</em> that in this day of modern medicine and sophisticated cancer treatment technologies, we continue to ignore the basic, most fundamental premise of medicine: that the most significant positive impact on human health is the separation of waste from water.</p>
<p>Of course, the implementation of Superfund laws and clean-up programs, and the cradle-to-grave hazardous waste regulations provide some measure of protection, but the exemptions are plenty and the funding is not. Too many waste disposal sites are left festering due to insufficient funds and political commitment for investigation and remediation, and too many water supplies remain in harm’s way.  I keep wondering, after each new discovery of contaminated drinking water wells, of impacted populations whose ailments will likely be traced back to what they drank — I keep wondering if we are ever going to wake up to this fundamental premise of public health.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>The post <a rel="nofollow" href="http://www.maryheathernoble.com/public-health-advisory-on-water-and-waste/">Public Health Advisory: On Water and Waste</a> appeared first on <a rel="nofollow" href="http://www.maryheathernoble.com">Mary Heather Noble</a>.</p>]]></content:encoded>
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		<title>On Knowing and Not Knowing</title>
		<link>http://www.maryheathernoble.com/knowing-knowing/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=knowing-knowing</link>
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		<pubDate>Wed, 25 May 2016 18:09:19 +0000</pubDate>
		<dc:creator><![CDATA[Mary Heather]]></dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA["grandfathered"]]></category>
		<category><![CDATA[drinking water advisories]]></category>
		<category><![CDATA[dry cleaner]]></category>
		<category><![CDATA[DuPont]]></category>
		<category><![CDATA[environmental atrocities]]></category>
		<category><![CDATA[environmental law]]></category>
		<category><![CDATA[EPA]]></category>
		<category><![CDATA[hazards]]></category>
		<category><![CDATA[Hoosick Falls]]></category>
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		<category><![CDATA[long-term environmental consequences]]></category>
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		<category><![CDATA[PFOA]]></category>
		<category><![CDATA[PFOA in drinking water]]></category>
		<category><![CDATA[PFOS]]></category>
		<category><![CDATA[phased regulation]]></category>
		<category><![CDATA[Resource Conservation and Recovery Act]]></category>
		<category><![CDATA[Saint-Gobain]]></category>
		<category><![CDATA[solvents]]></category>
		<category><![CDATA[substantial risk of injury to human health]]></category>
		<category><![CDATA[Teflon]]></category>
		<category><![CDATA[Toxic Substances Control Act]]></category>
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		<description><![CDATA[<p>I had a number of cases over the course of my brief regulatory career that involved environmental atrocities. A metal finishing facility, for instance, that had once discharged its acidic ... </p><p>The post <a rel="nofollow" href="http://www.maryheathernoble.com/knowing-knowing/">On Knowing and Not Knowing</a> appeared first on <a rel="nofollow" href="http://www.maryheathernoble.com">Mary Heather Noble</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>I had a number of cases over the course of my brief regulatory career that involved environmental atrocities. A metal finishing facility, for instance, that had once discharged its acidic waste stream directly into the river, and dumped its toxic metal sludge into unlined lagoons along the bank. Or the uranium milling operation that directed its radioactive tailings into two unlined ponds —each the size of an entire city block— where contaminants from the slurry seeped through thirsty desert sands and into the ground water that sustained the workers living in the houses down the road. Or even the dry cleaner in that cute New England town, where its home delivery service apparently also included a generous dose of solvents in your well.</p>
<p>In most of those cases, when I had inherited the files and reviewed the history of the site, I reserved a sliver of compassion, an acknowledgement that for many of these sites, the atrocities I was seeing were a result of the history — of regular people mishandling materials for which the long-term environmental consequences were not yet known. They were unintended outcomes, began as honest industrial mistakes, where the long-term damage may have been mostly unforeseen.</p>
<p>“There was a different standard of care back then,” I remember telling some of the people whose drinking water wells I sampled. They’d pause and think, and eventually convey their understanding by sharing some anecdote about how when they were kids, they used to get x-rays of their feet at the department store, to make sure their back-to-school shoes really fit. Or how they’d played with mercury from a broken thermometer in science class, rolling the liquid ball around in their palms. We’d shake our heads and sigh about all the things we used to do that are no longer considered safe, at all the things we didn’t know.</p>
<p>In environmental law, there has always been an element of forgiveness for these matters, an acknowledgment of the things previously legal and unknown. Compliance with new rules to address newly discovered hazards borne from old industrial practices is usually dosed over time, the regulated community enjoying the benefit of things “grandfathered,” of phased regulation, of clemency for past mistakes. But rule-making is still a slow, contentious process, and there is always a lot of fighting along the way.</p>
<p>Last week, finally, the <a title="Drinking Water Health Advisories for PFOA and PFOS | Ground Water and Drinking Water | US EPA" href="https://www.epa.gov/ground-water-and-drinking-water/drinking-water-health-advisories-pfoa-and-pfos" target="_blank">EPA issued drinking water health advisories for PFOA and PFOS</a> at 70 parts per trillion (ppt) — this number based upon peer-reviewed scientific studies of the compounds’ toxicologic properties. The decision was no doubt triggered by the <a title="PFOA found in 94 public water systems in 27 states | EWG" href="http://www.ewg.org/research/teflon-chemical-harmful-smallest-doses/pfoa-found-94-public-water-systems-27-states" target="_blank">discovery of PFOA in several public drinking water systems</a>, perhaps most notably in the communities of <a title="Fears About Water Supply Grip Village That Made Teflon Products - The New York Times" href="http://www.nytimes.com/2016/02/29/nyregion/fears-about-water-supply-grip-village-that-made-teflon-products.html?_r=0" target="_blank">Hoosick Falls, NY</a>, <a title="Chemical discovered in Merrimack drinking water prompts investigation | New Hampshire" href="http://www.unionleader.com/Chemical-discovered-in-Merrimack-drinking-water-prompts-investigation" target="_blank">Merrimack, NH</a>, and <a title="Tainted-Water Worries Spread to Vermont Village - The New York Times" href="http://www.nytimes.com/2016/03/15/nyregion/vermont-town-is-latest-to-face-pfoa-tainted-water-scare.html" target="_blank">North Bennington, VT</a>.</p>
<p>Indeed, this is movement in a positive direction, but what’s upsetting to me is the timing of it all. Over 10 years ago, <a title="E.I. DuPont de Nemours and Company PFOA Settlements | Enforcement | US EPA" href="https://www.epa.gov/enforcement/ei-dupont-de-nemours-and-company-pfoa-settlements" target="_blank">EPA settled its PFOA case against DuPont</a>, assessing a record $10.25 million in penalties for violations of the Toxic Substances Control Act and Resource Conservation and Recovery Act. According to the EPA’s press release, “The violations resolved in this settlement consist of multiple failures to report information to EPA about substantial risk of injury to human health or the environment that DuPont obtained about PFOA from as early as 1981 and as recently as 2004.” In other words, they knew. They knew a lot for a long time, but pretended not to know.</p>
<p>And now we&#8217;re halfway through 2016. DuPont knew about the health hazards of exposure to PFOA since at least 1981, perhaps even earlier, and more than a decade has passed since the EPA’s administrative response to that crime.  Meanwhile, companies like Saint-Gobain continued to manufacture Teflon products with PFOA, and the people of Hoosick Falls, of Merrimack, of North Bennington filled their baby bottles and bathtubs, water pitchers and coffee mugs with PFOA-tainted water. And nobody knew a thing.</p>
<p>Except that’s not exactly true, because the EPA knew something, and they should have known enough to look. Or at least required others to look.</p>
<p>Here’s the thing we all remember about environmental atrocities, about places like Love Canal: It wasn’t just that the drums were buried and covered up, and that the houses and school were built on top — the thing we remember most, the most damning detail of all was that the land was sold by Hooker Chemical to the Niagara Falls School Board for $1, with a liability limitation clause.</p>
<p>The crime was in the knowing. The crime was in the knowing and doing nothing. The crime was in the suppressing of the knowing as an excuse for doing nothing.</p>
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<p>Photo credit: Times Union</p>
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