PCB Free

A day of citywide action - A day with NYCC, elected officials, UFT reps, 32BJ, LIUNA Local 78!

2010-10-29T10:04:00.005-04:00

Sometimes working on a campaign can be a little surreal. When you are back in the office doing background reading, making calls and fielding emails – there’s some distance. The campaign can feel like a series of tasks, things to check off my “to-do list”. But a day out in the streets brings things roaring back into perspective.

On Tuesday, October 26th, I stood with elected officials and organizers from New York Communities for Change getting petition signatures and talking to parents about potential PCB-contamination in their children’s schools. As I explained the PCBs problem to parent after parent, I was surprised to learn that many of them were unaware of the issue. Once they got it, though, they were really perplexed. Why would the City put their children in harm’s way? They all asked good questions and most wanted to know why they weren’t aware of what was going on. Why weren’t more people in the NYC Public School community told about the pilot study? Why wasn’t there more education and outreach coming from the City about something that could be so harmful to their kids? All good questions, all things we are trying to make happen. And, yes, they want testing. They want testing now. Something else we want to make happen.

PS 149, 8:15 a.m., Harlem – It was so good to see Council Member Jackson and Senator Bill Perkins interact with their constituents. It made such a difference to have the community’s representatives there talking to the parents, engaging so energetically in the issue (sometimes chasing them down the street to make sure they understood what was at stake and press them for signatures on the petition; talk about energy… that was awesome!).

PS 270, 2:30 p.m., - Brooklyn – Council Member Tish James talking with the members of her community, making everyone feel at home, like they were meeting in her back yard. Despite that comfort level and the affection with which she delivered the message, she was frank, clear and made sure parents understood the urgency, the need to sign this petition and get the City to do the right thing.

NYCC was at a total of 8 other schools, including one on Wednesday morning. I have to imagine that thousands of signatures were collected. I commend NYCC’s time-defying, intensive, highly ambitious and great accomplishments during this action. I can’t say enough about the amount of energy and drive my fellow organizers displayed, heading out to far flung places (try Far Rockaway at 7:15 a.m. when you live at the opposite end of the City’s universe!) and getting out the message.

All in all, there was a real sense of community, moments of shared concerns, shared stories, shared connections and a shared commitment to get this thing done.

Test Our Schools-- A Citywide Day of Action

By Gigi Gazon, Community Organizer, NYLPI

Be sure to take a look at the Interactive Map

2010-10-29T09:34:00.003-04:00

Test Our Schools-- A Citywide Day of Action

PCBs Press Conference Tomorrow!!!

2010-10-06T13:19:00.000-04:00

WHEN: Thursday, October 7, 2010 at 12 P.M

WHERE: In front of City Hall
260 Broadway
New York, NY

Press Conference Outside City Hall to Demand Action on Removing Toxic PCB Chemicals from Public School Classrooms

Activists and elected officials demand that the Department of Education and the EPA take immediate action to test and clean up NYC classrooms

WHAT: PCBs – chemicals which have been proven to pose serious risks to children’s nervous and immune systems and to hamper brain development – are currently found in products like window caulk and lighting fixtures in public schools across New York City. Recent results from a pilot study conducted by the NYC Department of Education and the U.S. Environmental Protection Agency found significantly elevated levels of PCBs in two of three schools tested, with levels at the third also above guidances, putting thousands of kids at risk. There is every reason to believe that many schools built or renovated between 1950 and the late 1970s will be similarly contaminated.

This Thursday, October 7, at 12:00 P.M., New York Lawyers for the Public Interest, a civil rights law firm that has been deeply involved in community efforts to rid New York City schools of PCBs, will join other leaders on this issue, including Congressman Jerrold Nadler and other elected officials, labor and community organizations, school employees, and parents, to hold a press conference outside of City Hall calling on the Department of Education and the EPA to test all schools built in the relevant timeframe and bring air levels at all contaminated schools within guidance levels immediately.

Confirmed speakers include:

Congressman Jerrold Nadler, United States House of Representatives

Congressman Joseph Crowley, United States House of Representatives

Congressman José Serrano, United States House of Representatives

Assemblymember Linda Rosenthal, New York State Assembly

New York City Public Advocate Bill de Blasio

Albert Rodriguez, General Counsel, Office of the Bronx Borough President

Miranda Massie, Litigation Director at New York Lawyers for the Public Interest

Regina Castro, New York Communities for Change

Michael Mulgrew, President, United Federation of Teachers

Representatives from SEIU 32BJ and the New York State Laborers’ Union

Parents

About New York Lawyers for the Public Interest

New York Lawyers for the Public Interest (NYLPI) advances equality and civil rights, with a focus on health justice, disability rights and environmental justice, through the power of community lawyering and partnerships with the private bar. Through community lawyering, NYLPI puts its legal, policy and community organizing expertise at the service of New York City communities and individuals. NYLPI’s partnership with the private bar strengthens its advocacy and connects community groups and non-profits with critical legal assistance. NYLPI is the recipient of the 2010 New York Times Awards for Nonprofit Excellence.

September 1st Press Conference

2010-09-03T16:19:00.000-04:00

We'd like to thank everyone who was able to come out and make the press event such a success and also thanks to all for your effort and hard work. Here are links to some of the coverage we received:

Parents, Officials Demand City Checks Schools for PCBs

Parents and pols urge city for PCB testing at 740 schools across New York

Group Calls on DOE to Expand PCB Testing at City Schools

NYLPI’s and the PCB-Free NYC Schools Coalition’s final written submission to the EPA

2010-08-23T17:46:00.001-04:00

Here is NYLPI’s and the PCB-Free NYC Schools Coalition’s final written submission to the EPA regarding the proposed rule that would lower some regulatory protections for PCBs. It was delivered on Friday, August 20th, 2010. Many thanks to the folks who attended hearings, participated in strategy sessions and contributed to the drafting of the document. There’s also an impressive list of supporting organizations on the signer’s page and it shows that there’s a growing community of committed advocates, parents and experts working to protect our environmental health. To learn more, please contact Gigi Gazon at ggazon@nylpi.org

*Note* Refer to our post from August 4, 2010: http://pcbfree.blogspot.com/2010/08/what-happened-at-epa-hearing.html#more

August 20, 2010

Document Control Office (7407M)
Office of Pollution Prevention and Toxics (OPPT)
Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460

Re: Advance notice of proposed rulemaking on PCB use authorizations

Docket No. EPA-HQ-OPPT-2009-0757
Dear Madam/Sir:
For two years and several months, New York City (NYC) has been home to a series of community efforts to rid schools of polychlorinated biphenyls (PCBs) and in particular of the PCBs found in caulk. A Bronx coalition of concerned parents, the NYC Coalition for PCB-Free Schools, together with parents, school maintenance workers, teachers, and community members from across the metro area, has worked with environmental justice, environmental, and labor organizations, staff members at the Environmental Protection Agency (EPA), and elected officials to advocate for action on this emerging public health threat. This firm has partnered with the coalition in these efforts and represented one of its members in litigation over PCBs in her daughter’s Bronx elementary school. We now submit these comments in response to the advance notice captioned above on behalf of the coalition and other organizations and individuals profoundly troubled by EPA’s current proposal to weaken or eliminate its regulations pertaining to PCBs in caulk and other non-liquid products. We strongly urge EPA not to take this large step in the wrong direction. PCBs in caulk pose a significant threat to children’s health and demand more regulation and enforcement, not less.

PCBs, in addition to their more familiar use in electrical equipment, were added to window- and door-frame caulking to make it more durable and elastic. PCBs persist in the environment, migrate into mortar, brick, and soil, and spontaneously volatilize into air; thus, wherever PCB-contaminated caulk remains in place exposure pathways continue to exist despite the 1978 ban on PCBs in the Toxic Substances Control Act, 15 USC §§2601, et seq. (TSCA).
These exposure pathways cause parents and others a great deal of concern. A substantial and growing body of peer-reviewed research has begun to define the extent and nature of the risks posed by environmental exposure to PCBs. Much remains to be investigated, but it is now known with certainty that PCBs are powerfully neurotoxic, immunotoxic, developmentally toxic, and endocrine-disrupting, with potential health effects even at low doses. A short and highly selective summary of some of the research carried out in the years since EPA’s PCB regulations were adopted is attached to this letter.
EPA has responded to community concerns about the health risks posed by PCBs in caulk by issuing new guidances on PCBs in caulk, revamping and greatly expanding website coverage of the issue, and announcing two national research initiatives. Additionally, in January 2010 EPA Region 2 reached a landmark agreement with the NYC Department of Education pursuant to which the Department will carry out a pilot study designed to produce a citywide plan for addressing the risks associated with PCBs in its schools. This pilot study is now underway. While we have expressed reservations about specific aspects of EPA’s recent activity on PCBs, in overall terms it can only be regarded as substantial and positive.
With the advance notice of proposed rulemaking (ANPRM) on PCB use and distribution authorizations, EPA has placed these gains for children’s environmental health in jeopardy. The notice, among numerous provisions, briefly addresses (1) the possible authorization of the use of some non-liquid PCB-containing products and (2) the reconsideration of the 50 parts per million (ppm) threshold for excluded PCB products. In other words, the notice proposes to relax or even eliminate restrictions on PCBs in caulk.
These caulk-related proposals should be rejected for several reasons: they conflict with the rest of the ANPRM; the justification given for them is unconvincing at best; there is no support for them in science; and they are exceptionally ill-timed in light of EPA’s recently launched efforts on PCBs as sketched above.

First, the ANPRM’s approach to the caulk issue conflicts with the rest of the notice in a manner that shows how rash it is. The basic impetus of the notice is to reevaluate the regulations that govern equipment containing PCBs in light of the relatively old age of both the rules, which were promulgated shortly after TSCA was passed, and the extant equipment itself, all of which, given TSCA’s ban on new PCBs, is now more than 30 years old. Because this equipment may be starting to fail and to leak, and because understanding of the severe toxicity of PCBs has advanced, EPA rightly seeks to evaluate the regulations in order to ensure they are sufficiently protective:

The objective of this ANPRM is to announce the Agency’s intent to reassess the current use authorizations for certain PCB uses to determine whether they may now pose an unreasonable risk to human health and the environment. Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations, 75 Fed. Reg. 17,650 (Apr. 7, 2010)
Accordingly, the substantial majority of the notice goes through various PCB uses with an eye toward imposing greater restrictions on them. Tellingly, the very threshold of 50 ppm that is called into question for the unenclosed use of caulk is continually reinforced throughout the rest of the notice as a valid regulatory threshold for enclosed uses. For example, EPA proposes to consider compelling the owners of equipment containing enclosed PCBs at concentrations above 50 ppm either to dispose of the equipment or to reclassify it, (i.e., to replace some or all of its fluid in order to dilute the concentration of PCBs to a level below 50 ppm). 75 Fed. Reg.17,653. As another example among many, EPA expresses concern over information it has received indicating that PCBs can be found at levels over 50 ppm in natural gas pipelines, and states that it is considering requiring extensive sampling whenever PCBs are found at levels above 1 ppm in a pipeline system. 75 Fed. Reg.17,657.
The plain contradiction between these and other proposals in the ANPRM, on one hand, and the caulk proposals, on the other, undermines the coherence of the document and causes skepticism about the legitimacy of the caulk provisions. If 50 ppm is presumed to be valid as a threshold level for regulation inside a capacitor, it is hard to imagine the scientific or public-health basis for calling it into question for unenclosed substances in a school classroom. Similarly, if it is a level that EPA believes to cause legitimate concern inside a pipeline, then it should cause even more concern when identified in classroom caulk, from which PCBs are known to volatilize spontaneously.
More generally, reading the lengthy, elaborated notice, and encountering at the end of various sections the anomalously short and technically undetailed subsections on caulk, one is left with a strong impression the caulk subsections were hastily and carelessly tacked on to the ANPRM without regard to their potential impact on human health and the environment.
That these proposed changes are not driven by emerging scientific or public health considerations is confirmed by one of EPA’s two stated reasons for them: “EPA is seeking comment…on whether the number 50 ppm should be changed given the recent realization that the use of PCBs in caulk may be widespread and may be an undue burden for schools if the exclusion continues at 50 ppm.” 75 Fed. Reg. 17,658. To dismantle regulations that restrict the presence in schools of a potent toxin on the sole basis of the projected cost of remediation is rigorously incompatible with EPA’s mission: “to protect human health and to safeguard the natural environment—air, water and land—upon which life depends.”
Ironically, the other reason provided for the reconsideration is that the original adoption of the 50 ppm level was itself “based almost entirely on economic considerations.” 75 Fed. Reg. 17,658. As an initial matter, EPA cannot credibly disparage the strictly economic character of a rationale to justify a claimed lack of confidence in existing regulations while simultaneously offering up another strictly economic rationale as the central basis for revisiting them. More importantly, EPA’s current claim is flatly belied by what it said in adopting the 50 ppm standard in 1979:
[T]he manufacture, processing, and distribution in commerce of PCBs at concentrations of 50 [parts per million (ppm)] or greater present an unreasonable risk of injury to health… This finding is based on the well-documented human health and environmental hazard of PCB exposure… 40 CFR §761.20 (emphases added).
Science supported the adoption of a low threshold for PCBs in 1979 and the scientific basis for such a threshold has become much stronger since. As is summarized in Attachment B, peer-reviewed studies have shown associations between children’s exposure to low levels of PCBs and leukemia, disturbance of immune function, and reduced IQ (Ward, et al., 2008; Weisglas-Kuperus, 2002; Stewart, 2008); such studies have also linked low exposure levels in adults with attentional deficiencies, cardiovascular disease, diabetes, and hypertension (Peper, et al., 2005; Sergeev, et al., 2005; Kouznetsova, et al., 2007)). In most cases, these studies focused on environmental exposure alone rather than environmental and dietary exposure combined. Again, the findings mentioned here and summarized in the attachment represent a fraction of the growing body of research establishing the risk of significant, detrimental impacts on human health posed by minimal PCB exposure.
Further, the more the scientific inquiry advances, the more toxic PCBs are understood to be. As the ANPRM notes, in a section apparently drafted before the caulk-related provisions were appended, “[p]reliminary indications from the 2003 Draft Dioxin Reassessment are that the toxicity of PCBs in general is higher than the toxicity values that EPA used in developing previous TSCA PCB regulations.” 75 Fed. Reg. 17,651. It is presumably for this reason that the notice contemplates loosening the TSCA regulations with respect to no other source of potential environmental exposure. On the contrary, as discussed above, it only invites comment on the prospect of tightening controls except in relation to PCBs in caulk (and other non-liquid PCBs).

In short, the notice provisions relating to caulk constitute an unacceptable departure from EPA’s articulated norm of basing policy on science. There is no scientific basis for relaxing the regulations; the available research strongly points in the opposite direction. Because the caulk-related proposals in the ANPRM combine this disregard for science with a complete silence on health and the environment, and because of their contradictions with the rest of the document, they discredit EPA and their adoption would be arbitrary and capricious. We urge you to reject them.

Finally, any reengagement with the regulations governing caulking should include proposals to strengthen the regulations by lowering the enforcement threshold recognized by EPA and to mandate caulk sampling in buildings constructed or renovated in the applicable timeframe. Testing is urgently necessary prior to renovation projects; in NYC, we are aware of two schools with PCB-contaminated caulk in which window renovations undertaken without sampling, and consequently without precautions, resulted in large releases of PCB-contaminated dust into interior air. Stricter limitations and mandatory testing are needed to protect the health of those who live, work, and go to school in buildings in which the caulk may be contaminated with PCBs.
Please let us know if we can provide additional assistance.

Sincerely,
Miranda K.S. Massie

Attachment A

Descriptions of Signatories
Organizations and Elected Officials

The Bronx Health Link, Inc., is a nonprofit clearinghouse for health and human service delivery professionals in the Bronx. The Bronx Health Link, Inc. works extensively with the community and health care providers on a range of health issues, particularly seeking to improve birth outcomes, prenatal care, and the reproductive health of Bronx women.

The Center for Health, Environment & Justice exists to mentor the movement to build healthier communities by empowering people to prevent harm caused by chemical and toxic threats. Following her successful effort to prevent further harm for the people living in contaminated Love Canal, Lois Gibbs founded CHEJ in 1981 in order to continue the journey. To date, CHEJ has assisted over 10,000 groups nationwide.
Citizens Campaign for the Environment (CCE), formed in 1985, is a not-for-profit, non-partisan advocacy organization, that represents 80,000 members across New York State and Connecticut. CCE works for the protection of public health and the natural environment by engaging in extensive education, research, lobbying and public outreach.
Clean New York (CNY), a project of Women's Voices for the Earth, has a mission to protect New York's people and communities from toxic chemicals. CNY works for a clean environment, clean food, clean products and clean bodies, and highlight the failings or our current chemical management system through product testing, biomonitoring and grassroots advocacy.
The Community District Education Council 11 “proudly signs on and supports your position.”
Empire State Consumer Project
Environmental Justice Action Group of WNY (EJAG) is a non-profit, community-based, environmental justice organization dedicated to building community capacity to fight environmental racism and improve environmental health, protection and policy in communities of low income and color. EJAG accomplishes its mission through community organizing, education and training, advocacy and research, and public policy development.
The Institute for Health and the Environment of the University at Albany was developed to provide a format for interdisciplinary research on issues related to both health and the environment among faculty from the various parts of the University, as well as to promote collaboration with scientists and policy makers from government and other academic organizations. A major focus of Institute activities is to facilitate the application of scientific research findings to policy and practice.
The JustGreen Partnership is a New York State-wide consortium of 50 community, labor, business, health-affected, environmental justice, faith-based, academic, environmental conservation, consumer advocacy, and other organizations representing over a million New Yorkers. The JustGreen Partnership seeks to build a healthy economy that provides good jobs producing clean products and services, in which our workplaces, schools, homes, communities and bodies are free of toxic chemicals.

Linda B. Rosenthal, New York State Assemblymember, represents the 67th Assembly District, which includes the Upper West Side and parts of Clinton/Hell’s Kitchen in Manhattan. Her involvement in the still-emerging crisis of PCB contamination in New York City schools began in 2008 with news that caulk material containing PCBs had been detected at P.S. 199, an elementary school in her district that was constructed in 1968, more than a decade before the EPA banned this substance. Of the eight different locations tested for PCBs by the Daily News as part of an investigative story, P.S. 199 had the highest recorded concentration levels.

National Resources Defense Fund (NRDC) is a leading environmental action organization whose mission is to safeguard the Earth: its people, its plants and animals and the natural systems on which all life depends.

New York City Environmental Justice Alliance (NYC-EJA) is a non-profit, 501(c)(3) city-wide membership network linking grassroots organizations from low-income neighborhoods and communities of color in their struggle for environmental justice. Founded in 1991, NYC-EJA empowers its member organizations to advocate for improved environmental conditions and against inequitable environmental burdens by the coordination of campaigns designed to affect City and State policies. Through NYC-EJA’s efforts, member organizations coalesce around specific common issues that threaten the ability for low-income communities of color to thrive. NYC-EJA’s member organizations include UPROSE, El Puente, West Harlem-Morningside Heights Sanitation Coalition, The Point CDC, Youth Ministries for Peace & Justice and Nos Quedamos.
The New York Committee for Occupational Safety and Health (NYCOSH) is a membership organization of workers, unions, community-based organizations, health and legal professionals, and other activists. The mission of NYCOSH is to extend and defend every person’s human right to a safe and healthful work environment.
The NYC PCB-Free Schools Coalition is a growing community of parents, advocates, and experts who are working to protect children and staff from the known severe toxicity of PCBs. The coalition’s central demand is that the Department of Education (DOE) test and clean up PCB-contaminated public school buildings.
Parent Association of PS 160x, Co-op City

WE ACT for Environmental Justice (WEACT) is a Northern Manhattan community-based organization whose mission is to build healthy communities by assuring that people of color and/or low-income participate meaningfully in the creation of sound and fair environmental health and protection policies and practices. One of WEACT's indicators for a healthy community is one that is free of chemicals at levels harmful to human health.
Individuals
Richard Barr is the Chair of the External Affairs Committee of the Parent Association of the Bronx High School of Science (a PCB-era school). He formerly held the same position on the PTA of the Center School, a middle school in the PS 199 building, Manhattan (one of the PCB sample schools). He was also the Vice President and co-chair for the Political Action Committee of Presidents' Council, Community School District 3, Manhattan, a member of the Legislative Committee for the Citywide Chancellor's Parent Advisory Council, and Vice President and chair of Facilities Committee at Hunter College High School, Manhattan, another "environmentally-challenged" school building.
Kimberly Norton Butler, Ph.D. is a former parent at PS 199, former PS 199 PTA Vice-President (2008-2009), and former Co-President of the PS 199 PTA Construction Committee.
Patricia Donegan and Robert Orlando, Jr. "We are the parents of a student who attended PS53 in Staten Island. Built in 1966, the school underwent a major window renovation and construction project in 2006-2007. This large renovation was done nightly during the school year and caused a major amount of dust in the classrooms and it disturbed PCB caulking. The dust was so bad it caused an exacerbation my son's asthma. Regulations should not be loosened on PCBs, but rather, they should be made stricter to ensure proper precautions are taken not to disperse PCBs in dust or contaminate any school. Every child and adult in these buildings deserves to be protected from this very dangerous toxin. We can only prevent exposure to PCBs through tougher regulations, whatever the cost."
Naomi Gonzalez, a member of the NYC PCB-Free Schools Coalition, has a daughter who attends PS 178 in Co-op City. She agreed to suspend her lawsuit against the Department of Education (DOE) over the PCBs at PS 178 when the DOE announced its PCBs pilot study and included her daughter’s school in the study.

Barbara Healy “As a concerned New York City parent, I would like to sign onto the coalition statement. It is imperative that the current regulations remain as strict as they are, and PCB testing should be mandated in all New York City schools. Also, every precaution should be taken to not contaminate buildings and expose children, teachers and all people in the buildings to this very dangerous toxin.”
Robert Herrick is a Senior Lecturer at Harvard School of Public Health. Dr. Herrick has over 40 years experience in environmental and occupational health research, and he has focused on the risks associated with PCB exposures from building materials in his recent investigations. The views expressed are those of Robert Herrick and not of Harvard University.
Daniel Lefkowitz is the parent of a child who attended the French Hill Elementary School in Yorktown Heights and, in the fall of 2004, discovered hazardous levels of PCB in the window caulking and soil around his school. His campaign to procure remediation dramatically increased public awareness of the problem of PCBs in caulk.
Marvin Shelton is a parent of a child who attends PS 24, a school where elevated levels of PCBs were discovered during last summer's window replacement project.
Eileen Tafuri “I am the parent of two young children who spend many hours a day, year after year, in a school with PCB caulking. The school has yet to have a window renovation. I am asking the EPA to keep the current regulation for PCBs as they are, and if anything, to make them more tough when it comes to schools. We absolutely cannot allow any child to be exposed to this toxin. We must take every precaution available to remediate responsibly."
Valerie Watnick is an Associate Professor in the Law Department of Baruch College, Zicklin School of Business, City University of New York, and a parent at PS 199.

George Weymouth is a retired craftsman from the International Union of Bricklayers and Allied Crafts (IUBAC) Local 3, Boston MA. Mr. Weymouth worked extensively in building construction throughout New England, and he recalls installing PCB caulk in hundreds of buildings over a 30-year period.

NY1 on PCBs

2010-08-20T16:44:00.000-04:00

This clip features Gigi Gazon, Community Organizer for New York Lawyers to the Public Interest. Gigi provides technical and organizing assistance to the NYC PCB-free Schools Coalition.

Higher Than Accepted Levels of PCBs Found in Three City Schools

Elevated PCB Levels in Schools

2010-08-19T12:40:00.000-04:00

Yesterday, the New York Times published this article:Tests Find Elevated PCB Levels in 3 Public Schools. . .
What are your thoughts?

Staten Island Live on PCBs

2010-08-10T16:56:00.000-04:00

Staten Island Live is keeping up to date on the PCBs matter!! Here are two articles to check out:

http://www.silive.com/news/index.ssf/2010/08/pcb_threat_lurks_in_schools.html

http://www.silive.com/news/index.ssf/2010/08/doe_says_8_schools_were_cleare.html

What are your thoughts? Comments?

What happened at the EPA hearing?

2010-08-04T17:33:00.005-04:00

Parents turned out in force on July 29th at the Hilton Times Square to bring the EPA a strong message about PCB-contaminated caulk. It struck me that the middle of a street filled with promises of frivolous entertainment was an unlikely place to witness what turned out to be a serious and passionate public meeting (to learn more about what this public meeting was for, please see the previous post, below). In attendance were parents, teachers and advocates representing the Bronx, Brooklyn, Manhattan and Staten Island. Here’s a smattering of highlights as seen from my seat in the middle row:

• The first speaker from Bronx Health Link - http://www.bronxhealthlink.org/ set the tone during his turn at the podium by asking, bluntly and pointedly, what the EPA representatives consider, exactly, to be an “undue burden” to the schools should they be required to clean up PCB-contaminated caulk. Weren’t the children and staff of potentially contaminated schools also facing an undue burden of risk to health by continued exposure to PCBs?

• The PTA President from PS 199 in Manhattan spoke about the continued problems with elevated PCB levels at his school despite recent clean-up efforts by the DOE/SCA. Because of persistent high levels of PCBs showing up on tests, PS 199 is one of the schools in the Pilot Study. To eliminate or loosen the 50 parts-per-million (ppm) regulatory limit for PCBs in caulk would undermine efforts to protect the children at this school.

• Next up: a rep from 32BJ SEIU spoke on behalf of the custodial workers who are on the front lines and at high risk to exposure from PCB-contaminated caulk. He pointed out that the caulk hasn’t been tested for PCBs in many of the potentially contaminated schools that have undergone construction over the last several years. He underscored what many of the parents expressed (repeatedly): that there is a lack of confidence that DOE/SCA will adequately protect staff and children from potential exposure. Given that the DOE/SCA are under court order to design a clean-up plan for the entire City, now is not the time for the EPA (the federal regulatory agency that parents rely on for enforcement and protection) to relax the rules.

• A parent and teacher at PS 309 in Bed-Stuy brought the house down when she described the cumulative environmental burdens that her community faces. Her school was also selected for the Pilot Study. Could it be, she asked, that the very place where children were sent to learn was so contaminated with PCBs that it was preventing them from doing just that? How many more threats to their future would these children be forced to endure? Is avoiding the cost of cleaning up the schools really worth the ultimate price of poor health? She demanded that the EPA continue to carry out their mission to protect human health by keeping the current regulations in place. We have only started to uncover the truth about the harm posed by living and working in PCB-contaminated buildings.

• Two parents from the NYC PCB-free Schools Coalition described the harrowing experience of when they first learned about PCB-contaminated caulk in their kids’ schools in Co-op City http://www.nydailynews.com/ny_local/bronx/2008/04/22/2008-04-22_city_inactive_as_kids_learn_at_toxic_sit.html How frightening to think that you do everything in your power to keep your children safe only to find that there is poison in the walls of the buildings where they go to school.

• A Staten Island mom shared the heartbreaking story of how her son suffered from chronic severe asthma attacks during a construction project at his school which, according to her own independent testing, had high levels of PCBs.

• We also heard from Danny Lefkowitz, a parent and activist who has fought to bring this emerging health threat into sharp focus - http://www.pcbinschools.org/

• At the conclusion of the meeting, Dr. Maria Doa , of the Environmental Protection Agency's (EPA) National Program Chemicals Division, stood up at the podium to let us know that she heard us loud and clear. She thanked us for our thoughtful and important comments and promised to take our message back to Headquarters. She also promised to make sure that our comments would be carefully evaluated during the next phase of the rulemaking process.

A special shout out goes out to allies who have put themselves out on the front lines to protect school children, teachers, custodial workers and other school employees from PCB-contaminated caulk: The Bronx Borough President Ruben Diaz Jr.’s office, the UFT, NYCOSH, AM Linda Rosenthal’s office and concerned parents from across the City who have already spoken at previous hearings. As a community organizer, it was really inspiring to see everyone come together in that room to deliver their powerful message. What would you have said to the EPA if you could have gone? Submit your comments below. And, hey, it’s not too late… written comments are being accepted until August 20th, check the bottom of the post for instructions.

We’ll keep you updated as the process moves along and we will do everything possible to ensure that the EPA keeps the regulatory protections intact.

All of the comments will be made available to the public at: http://www.regulations.gov/ To find out more about how the rulemaking process go to: http://edocket.access.gpo.gov/2010/2010-7751.htm
For more information about this issue or to join our NYC PCB-free Schools Coalition please contact Gigi Gazon, Community Organizer EJ Program, ggazon@nylpi.org or by calling (212) 244-4664 x 474

NOTICE OF PUBLIC HEARING - EPA considers weakening regulations that will protect children’s environmental health

2010-07-16T16:19:00.002-04:00

When: July 29, 2010
Where: Empire Room at Hilton Times Square
234 W 42nd St., NY, NY 10035
Time: 6:00 PM – 9:00 PM

Who should be heard?
Parents of children in NYC public schools, Teachers, School Custodians
and other Maintenance Staff, Environmental Justice Advocates, Environmentalists, Environmental Experts, and Concerned Citizens.

Why?
Polychlorinated Biphenyls (PCBs) are highly toxic compounds that were banned in 1978.
The Environmental Protection Agency (EPA) is considering weakening the regulations for PCB contaminated caulk with the possibility of eliminating them altogether. Under the EPA’s current regulatory framework, PCBs at greater than 50 parts-per-million (ppm) “present an unreasonable risk of injury to health.” EPA also states that caulk containing more than 50 ppm PCBs “must be removed.”

PCBs in caulk pose a significant risk to human health, especially children’s
health.

Background:

More than 500 NYC public schools built in the time frame when PCBs were being added to caulk may contain illegal and potentially dangerous levels of PCBs.

The timing of the EPA’s decision to reassess its PCB regulations is highly inappropriate. It comes on the heels of a recent groundbreaking agreement entered into by the EPA and the NYC Department of Education (DOE) to carry out a pilot study designed to generate a citywide clean-up plan. This is an obvious attempt to avoid dealing with the potential costs of cleaning up PCB-contaminated caulk.

The financial cost of protecting human health is not an acceptable basis for refusing to confront the problem or for undermining efforts to come up with effective solutions.

WE NEED YOU TO MAKE YOUR VOICES HEARD AND ASK THE EPA TO MAINTAIN THE
CURRENT REGULATIONS!

EPA REQUIRES AN RSVP!
In order to attend or speak at the meeting (identified by docket ID number EPA-HQOPPT-2009-0757) PLEASE CALL OR EMAIL: John H. Smith, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency at (202) 566-0512; e-mail address: smith.johnh@epa.gov.
More information can be found here: http://edocket.access.gpo.gov/2010/2010-14522.htm

For more information about this issue please contact
Gigi Gazon (Community Organizer), ggazon@nylpi.org or
Miranda Massie (Sr. Staff Attorney), mmassie@nylpi.org
at New York Lawyers for the Public Interest. (212) 244-4664

EPA trying to ditch 50 PPM standard for caulk | Action required!

2010-04-27T13:33:00.002-04:00

On May 4th, the Environmental Protection Agency (EPA) will be holding a hearing in an effort to lower the protections of the current regulatory threshold for PCB-contaminated caulk, with the possibility of eliminating the protections altogether. Polychlorinated Biphenyls (PCBs) are highly toxic compounds that were banned in 1978.

Scientific studies show that PCBs in caulk pose a significant risk to human health, especially children’s health. We need you to make your voices heard and ask the EPA to keep the current protections. If anything, according to new scientific evidence that is released almost daily, the current protections may not even be enough.

Under the EPA’s current regulatory framework, PCBs at levels greater than 50 ppm “present an unreasonable risk of injury to health.” EPA also states that caulk containing more than 50 ppm PCBs “must be removed.” New York Lawyers for the Public Interest and the NYC PCB-free Schools Coalition have been working on this issue because many schools around NYC, built during a time when it was common to use PCBs in caulk, still have caulk that is contaminated, sometimes very severely. NYLPI, the Coalition, and other concerned parents have been trying to get the DOE to test the caulk and address the problem in a responsible manner.

The timing of the EPA’s decision to reassess its PCB regulations under the Toxic Substances Control Act (TSCA) is highly suspect, especially on the heels of a recent groundbreaking agreement entered into by the EPA and the DOE to carry out a pilot study designed to generate a citywide remediation plan. One can’t help but see this as a not-so-subtle attempt to avoid dealing with the potential costs of cleaning up PCB-contaminated caulk.

In addition, the EPA has circumvented the public participation process by doing very little to publicize the hearings (despite the high level of community interest), holding the hearings in a room that can only fit 95 people, and by asking for 10 days advanced notice from folks who want to testify.

The financial cost of protecting human health is not an acceptable basis for refusing to confront the problem or for undermining efforts to come up with effective solutions.

The suggested deadline is today! Please call Christine Zachek at 202.566.2219 and tell her you want to testify on May 4th at 290 Broadway, Rm. 2735 between the hours of 1 and 5 pm. Even if you’re not going to speak, tell her you want to attend the hearing.

Please don’t hesitate to call or email with any questions you have about this important issue!

PCB-CONTAMINATED CAULK FOUND by the DEPARTMENT of EDUCATION in NYC SCHOOLS

2009-11-16T20:52:00.001-05:00

See the attached chart

The chart identifies NYC schools where the DOE found window caulk containing more than 50 parts per million (ppm) PCBs. PCBs are highly toxic compounds that were banned years ago but not removed from all sources, such as the caulking material surrounding windows and doors in some buildings. PCBs spontaneously enter the air and can be ingested through breathing. They pose special health and developmental risks to children.

According to the Environmental Protection Agency (EPA), PCBs at levels greater than 50 ppm “present an unreasonable risk of injury to health.” EPA also states that caulk containing more than 50 ppm PCBs “must be removed.” Many schools around NYC nevertheless continue to contain caulk that is contaminated, sometimes very severely, as seen in the chart.

The chart is not the result of a comprehensive survey of NYC schools. In other words, the fact that a school is absent from the chart does not mean it does not contain contaminated caulk. What the chart shows instead are results of some of the PCB tests that the DOE conducted before doing routine window renovation work in the period from April 2008 to September 2009. The caulk that was tested was slated to be removed and was in fact removed. However, the DOE only tested those windows subject to renovation in each school and it is highly likely that other windows and doors at these schools contain the same contaminated caulk.

New York Lawyers for the Public Interest (NYLPI) obtained the information in this chart through a Freedom of Information Law request. NYLPI is a non-profit civil rights organization that does environmental justice work throughout NYC. Together with concerned Bronx parents, we have formed a coalition called the Coalition for PCB-Free Schools. Our goal is to broaden the coalition into a city-wide group that can prevail upon the DOE to provide safe, PCB-free learning environments for all NYC children.

For more information, please contact Senior Staff Attorney Miranda Massie by email at mmassie@nylpi.org or by phone at 212/244-4664.

PLEASE FORWARD THE CHART TO PARENTS WHOSE CHILDREN MAY ATTEND THE SCHOOLS LISTED AND TO TEACHERS AND OTHER SCHOOL EMPLOYEES. THANK YOU.

City admits 19 schools toxic; no cleanup planned

2009-04-28T10:18:00.000-04:00

City admits 19 schools toxic; no cleanup planned

This is ridiculous! The NYC Dept of Ed readily admits that these toxins are in our children's schools at levels well above federal limits. We have children and teachers going to schools full of toxic waste. Yet the DOE is doing nothing to remove the source of these toxins and is effectively thumbing its nose at federal regulations which dictate that the toxic waste be removed. Sure we are all strapped for money but the health of our children is well worth the cost to clean up our schools.

Toxic fight over schools in Bronx

2009-04-14T10:31:00.000-04:00

Toxic fight over schools in Bronx

The legal battle over PCBs in New York City schools heats up with "more than a dozen parents and one prominent organization" signing on or expressing interest in joining a notice of intent to sue the city for not addressing the PSB problem in our children's schools.

Also, the "New York Lawyers for the Public Interest will host an informational meeting for parents at 6:30 p.m. Friday, April 24, at the United Methodist Church in Co-op City, 2350 Palmer Ave., at Hutchinson River Parkway E." I encourage everyone who cares about the well being of our children to attend.

Researchers show how PCBs may alter in utero, neonatal brain development

2009-04-14T10:27:00.000-04:00

Researchers show how PCBs may alter in utero, neonatal brain development

As if we needed any more scientific data to prove how bad PCBs are for our youth, this report comes out detailing how PCBs alter the development of brain cells. A quote from one of the researchers:

"With these studies we have now shown - from the whole animal level to the molecular level - how PCBs alter the development and excitability of brain cells. And that could explain why PCBs are associated with higher rates of neurodevelopmental and behavioral disorders," said Pessah, who is also a researcher with the UC Davis M.I.N.D. Institute.

The science is clear - PCBs are bad for all people but especially for children.

EPA Hosts PCB Challenge Conference

2009-04-02T16:29:00.000-04:00

04/02/2009: Conference to Raise Awareness of PCB Disclosure and Disposal

The EPA is hosting a conference in Philadelphia to discuss "the hazards of PCBs and failing PCB equipment; how firms may qualify for penalty mitigation; the benefits of voluntary disclosure; management and proper disposal methods; sustainability beyond PCBs; and partnering with EPA. EPA staff will be available for one-on-one sessions to assist participants in identifying opportunities for PCB reduction or elimination."

I think the NYC Dept of Ed should attend. They might get some useful info to help them clean up our schools.

The Associated Press: EPA reports uptick in some toxic chemicals in 2007

2009-04-01T11:43:00.000-04:00

The Associated Press: EPA reports uptick in some toxic chemicals in 2007

I missed this report when it first came out. While overall toxins are down, PCBs are up 40 percent. Yes, 40 percent, even though they were banned in the 1970s. The EPA claims the jump is probably due to disposal of old equipment or clean up at industrial sites.

I thought there were strict guidelines for how to clean up and dispose of these toxins. Either they are not being followed, or they do not work to keep PCBs from getting into the environment. Either way, the system is broken and must be fixed.

Legislation: American Recovery and Reinvestment Act of 2009 and School Modernization

2009-04-01T11:18:00.000-04:00

The stimulus bill appropriates funds for modernizing and renovating public school buildings. This is something that the NYC DoE should look into to help pay for cleaning up PCBs in our schools. We can not let money trump the health of our children.

EPA Names Priority Schools for Monitoring Toxic Outdoor Air Pollution

2009-04-01T10:59:00.002-04:00

While none of the schools that the Daily News originally found to be contaminated with PCBs is on this list, this is an indication that the new EPA is moving in the right direction to protect out children.

Lawsuit press release

2009-03-27T14:51:00.002-04:00

Below is the full text of the press release announcing the lawsuit.

Bronx Mother to sue over toxic caulk in NYC schools
Formal notice charges Department of Education, School Construction Authority, and Environmental Protection Agency with dangerous inaction on hazardous PCBs

FOR IMMEDIATE RELEASE
New York, NY, March 26, 2009 – Today at 5:30 p.m. at the headquarters of the NYC Department of Education (DOE) (52 Chambers Street), Naomi Gonzalez, a teacher’s aide, and New York Lawyers for the Public Interest (NYLPI) will announce the filing of a formal notice of intent to sue the DOE and the School Construction Authority (SCA). Ms. Gonzalez’s children Devin (11) and Emelina (6) and other NYC parents will also attend.

The suit will allege that PS 178, the school attended by Devin and Emelina, contains window caulking that is severely contaminated with poly-chlorinated biphenyls (PCBs) in violation of federal law. The DOE and SCA have misrepresented the risks associated with toxic caulk and to date they and the Environmental Protection Agency (EPA) have neglected to take action to rid the school of PCBs, forcing Ms. Gonzalez to file the notice of intent to sue.

“The Department of Education and the School Construction Authority have abdicated their responsibility to the parents and children of this city to provide a safe learning environment and to be clear and candid about the serious risks posed by PCB-contaminated caulk,” said Miranda Massie, senior staff attorney for the Environmental Justice program at New York Lawyers for the Public Interest. “We hope that with the new Administration and this notice, the EPA will end its dangerous passivity on this issue. If not, we will bring suit to enforce the law ourselves.”

A state-certified laboratory found that a caulk sample from PS 178 contained over 100,000 parts per million (ppm) PCBs – more than 2,000 times the 50 ppm limit above which the EPA has determined that PCBs categorically “present an unreasonable risk of injury to health within the United States.” A pending state bill would mandate PCB testing in NYC schools, and New York City parents and the City Council have called on the DOE and SCA to test the caulk in window frames, door frames and expansion joints of potentially contaminated city schools and to remove contaminated caulk. However, no action has been taken by either agency.

“This is about the health of my children, our children. My kids go to school every day in a building that could make it harder for them to learn and make them sick. I’m furious that the DOE knows this and has done nothing. I shouldn’t be afraid to send my children to school,” said Ms. Gonzalez, who lives with Devin, Emelina, and her husband in Co-op City.

“It is outrageous that schools in New York have not taken necessary precautions to prevent student exposure to PCBs,” said Assemblymember Linda B. Rosenthal (D/WF- Manhattan). "Despite repeated requests for comprehensive testing, DOE and DHMH have refused to address this issue at all potential contamination sites. My legislation will require school districts to investigate and report on the status of PCBs in schools constructed or renovated prior to 1977. It will also require schools to follow published protocols for addressing PCBs during school renovations. It is my sincere hope that this issue can be resolved quickly in order to protect children from further exposure to these dangerous toxins.”

PCBs are severely poisonous. They threaten the integrity of major body systems, including the immune system, the endocrine system, and the neurological system, and they are considered a probable human carcinogen. PCBs are developmental toxins that disproportionately affect children. PCBs in caulk volatilize into air and migrate into soil, brick, and mortar, exposing children and employees to significant health risks.

PCBs were banned in 1978 by Congress in the Toxic Substances Control Act (TSCA). The law is to be enforced by the EPA, which promulgated regulations for the management and disposal of PCBs. .

Under the Bloomberg Administration there has been a centralization of power for making and implementing education policy. In 2002, changes in the school governance law gave the Mayor the authority to appoint all three Trustees of the SCA, including the School's Chancellor who serves as the SCA Chair, and the management of the Department of Education's Capital Program was consolidated under one agency, the SCA. Opponents of Mayoral Control allege that the consolidation of power has frozen out independent neighborhood voices like Naomi Gonzalez’s and stymied efforts of parents to provide feedback in their children’s school environment forcing them into the court system.

About New York Lawyers for the Public Interest
New York Lawyers for the Public Interest (NYLPI) is a nonprofit civil rights law firm that works with communities to advocate for social justice through community organizing, litigation, policy advocacy and public education. NYLPI’s Environmental Justice program works with communities currently and potentially impacted by environmental harms such as toxic sites, environmentally unsafe schools and other noxious facilities to address threats to their health and safety and advocate for positive development. NYLPI also has expertise in health justice, and disability rights as well as coordinating an expansive network of volunteers from New York’s top law firms and corporate legal departments to provide pro bono legal assistance to nonprofit organizations and individuals in need.
###

Lawsuit revives NYC Schools PCB issue

2009-03-27T14:35:00.003-04:00

One Bronx woman has taken matters into her own hands to force the NYC Dept of Ed to clean up her kids' school. The school, PS 178 in the Bronx, tested positive last year for enormous amounts of PCBs in the caulking, along with several other NYC schools, after the NY Daily News hired a team to investigate this issue. Yet nothing has been done to remove these harmful toxins from the schools.

Here are several news articles discussing the lawsuit:

NY Daily News
Newsday
WPIX-TV 11
Staten Island Advance
Louisville Courier-Journal

New Jersey neighbors press Corzine to address toxic schools

2008-06-25T16:45:00.000-04:00

Our neighbors in New Jersey have formed a coalition to take action on the issue of schools and day care facilities that have been built on or near toxic sites. Here's the article. They are pressing Governor Corzine to take action on this issue. We too have an issue of toxic schools in NYC with PCBs potentially affecting hundreds of buildings. If you want to be part of a coalition of concerned citizens who is making their voices heard on this issue let me know.

NYC DoE memo to custodial staff regarding PCBs

2008-06-24T10:25:00.002-04:00

Not sure this is out there, but the DoE's Division of School Facilities Office of Building Services sent out a memo to custodial staff and building managers. Here is the full text. It asks them to conduct regular inspections and cleanings of surfaces that may have PCBs and of caulking to observe deterioration and disturbances. I hope this is being followed by the custodial staff across the city. Its a good initial step but we still need the custodial staff to have clear rules as to how to clean PCB contaminated areas.

Student made PCB public service announcement video

2008-06-24T10:11:00.001-04:00

Here's a great short video PSA about PCBs made entirely by students.

Text of NYC Council PCB Resolution

2008-06-23T15:55:00.003-04:00

I mentioned this was being introduced in a previous post. Here is the text of the bill as well as a status report. It is currently with the Committee on Environmental Protection. I urge you to contact your city council member to ensure broad support for this resolution.

PCB bill in NY State Assembly

2008-06-23T15:41:00.002-04:00

This is interesting. I just stumbled on it. Glad to see our representatives in Albany are taking notice of this issue. Since Rosenthal is the only name on the bill, I am guessing it is Linda B. Rosenthal who is the assembly person for the upper west side of Manhattan where PS 199 is located. That school community has been very active in making their voices heard on this issue as I have written about before. The bill is currently in the Committee on Education so I recommend you urge your representatives in Albany to support this bill.

NY Daily News: Reps. Crowley and Serrano urge federal aid for PCB cleanup

2008-06-23T15:34:00.001-04:00

"Reps. Joseph Crowley and Jose Serrano urge federal aid for PCB cleanup"

This is a good first step to begin to address the funding issue for schools across the country to clean up PCBs from their buildings. My guess though is that since this is lumped in with a broader school infrastructure improvement bill, PCB cleanup will not take a priority. We need to continue to call for federal legislation that specifically targets PCB removal from schools and other buildings and also for regulations that clearly state how to thoroughly clean PCB contaminated buildings on a regular basis until the PCBs can be safely removed.

NYTimes: Tons of PCBs May Come Calling at a Down-at-the-Heels Texas City

2008-06-23T15:27:00.000-04:00

"Tons of PCBs May Come Calling at a Down-at-the-Heels Texas City - NYTimes.com"

So while we in NYC are trying to get rid of PCBs from our schools, a company with operations in Texas is trying to bring more of this toxin into our country to turn a profit.

Full text of NYC Dept of Health testimony at NYC Council Apr. 29th hearing

2008-05-22T18:09:00.002-04:00

Just found this online. Its the full text of the testimony of the NYC Department of Health and Hygiene that was given to the NYC Council during their April 29th special emergency hearing on PCBs in NYC schools.

NYC Council introduces PCB legislation

2008-05-22T18:05:00.001-04:00

Though it has not been posted online yet, I saw a print copy of legislation that has been introduced by the New York City Council that calls for full PCB testing of all NYC schools built or renovated before 1978. Good first step and I encourage you to contact your council member to support this legislation and continue with efforts to rid our schools of PCBs.

Congressional legislation aims to protect children from unsafe chemicals

2008-05-22T18:02:00.002-04:00

The Kid Safe Chemical Act was introduced earlier this week in Congress to put the responsibility on chemical companies to test and prove that chemicals are safe before they can be allowed to be used in every day products. Good stuff. Anyone who cares about the safety of our children should contact their Congressman or Senator to encourage them to support this bill.

Dangerous chemicals are in your baby's crib and car seats

2008-05-22T17:57:00.002-04:00

Wow! Is the chemical industry just not testing anything they put in products to see how potentially harmful they can be? Here's a blog post on CNET about a new report detailing how various harmful chemicals are in products specifically made for children.

Manhattan School Gets Federal EPA involved

2008-05-19T11:46:00.002-04:00

PS 199 in Manhattan has taken the step of writing a letter to the federal EPA signed by a number of local and nationally elected officials to get action on the issue of PCBs in their school. Here are some related news articles:

WCBS TV

Daily News

New York Sun

NYTimes blog: Report Faults City on ‘Potentially Toxic’ School Sites

2008-05-07T16:17:00.002-04:00

Just when you thought all we had to deal with were PCBs...
Here's another thing parents, teachers and students need to worry about...potentially toxic schools housed in leased buildings which are subject to much less stringent environmental oversight (though obviously not stringent enough since we now know many schools have PCBs) than buildings owned by the city.

Staten Island school gets 3rd PCB test

2008-05-07T16:06:00.002-04:00

This was a few days ago but thought it was interesting to note that because of pressure from the school community a 3rd test was taken at this school in Staten Island. It however was not a test of the caulk, just the air. Testing the air, dust and soil is a good first step but if any of them have elevated levels of PCBs the next step should be to test the caulk itself.

NYC Dept. of Health official waffling on PCBs health effects

2008-05-07T15:29:00.001-04:00

Here’s some interesting info. As I have mentioned in other postings on this blog, back in 2005 a parent at a school in Yorktown Heights, New York took it upon himself to have caulking tested which then eventually led to the full testing and removal of all PCB contaminated caulking. Here is a letter from the Mount Sinai Pediatric Environmental Health Specialty Unit applauding that parent’s efforts. Below is an excerpt from this letter.

“PCBs in the French Hill Elementary School can represent a risk for the students who spend from 35 to 50 hours per week in and around the facility. Decreasing exposure will help protect the children from potential health effects now and in the future. Removing window caulking known to contain PCBs in the school will remove the source.

The Pediatric Environmental Health Specialty Unit applauds your work in protecting the children of French Hill Elementary School from exposure to PCBs. We also continue to follow and support you in your effort to decrease exposure to PCBs at other sites.”

Note that one of the signatories to this letter is a Dr. Nathan Graber. He now works at the New York City Department of Health and is the one making the rounds at different schools trying to assure parents and teachers that there is no significant risk at any of the schools that have tested positive for PCBs. I have my own opinions but I’ll leave it up to you, the reader, to come to your own conclusions.

City tries to reassure Staten Island school community about PCBs

2008-05-01T15:51:00.003-04:00

New York city officials tried to reassure parents and others that there were low or no detectable levels of PCBs in a Staten Island school even though a parent's child, who has asthma, had his asthma filter tested finding high levels of PCBs. As I keep saying, until and unless city officials take decisive steps to fully test and then remove contaminated caulking instances like this one are only going to increase.

Staten Island Parents and Students Protest Over PCBs at School

2008-05-01T15:46:00.002-04:00

This is the first instance I have heard of people protesting and in sizable numbers over PCBs found in New York City schools since this story broke a few weeks ago. I expect more to come if the city does not take quick and decisive action to address parents, teachers and students concerns.

NY Daily News: Parent tests turn up toxic PCBs at 'clean' public schools

2008-05-01T15:43:00.000-04:00

Looks like parents are starting to take things into their own hands and having independent testing done. This one had findings that contradict what the city found.

"Parent tests turn up toxic PCBs at 'clean' public schools"

NY1 story on PCBs and BPAs

2008-05-01T00:16:00.000-04:00

Here's a NY1 article on the recent NYC Council meeting on PCBs and also discusses the recent issue of BPAs, chemicals found in many plastic bottles, including baby bottles, which are also hazardous to our health, especially children.

EPA convention to focus on hazardous waste cleanup

2008-05-01T00:11:00.000-04:00

The US Environmental Protection Agency is hosting an event to discuss hazardous waste cleanup including PCBs. Glad this is being seriously looked into at the national level.

NY City Council Hearing on PCBs

2008-04-30T00:31:00.003-04:00

An emergency information gathering hearing by the New York City Council was held today to discuss PCBs in New York City schools. We'll have to wait for the full results but here are a couple of resulting news articles:

Staten Island Advance

WCBS TV

Kruger Introduces Bill To Mandate PCB Testing in City Schools

2008-04-27T21:39:00.001-04:00

State Senator Kruger of Brooklyn is calling for testing of all suspect schools in New York City:

"Kruger Introduces Bill To Mandate PCB Testing in City Schools"

Here's an excerpt:

“They test for everything else — math and reading, regular assessment tests, and every other academic area big and small,” he said. “But when it comes to the real high-stakes testing — testing for the sake of health — they do nothing.”"

AFT video and report highlight our crumbling schools

2008-04-23T18:05:00.001-04:00

Check out this video and also the report and more information about our crumbling schools on AFT's web site. I warn you, you will be surprised at how bad things are in our country's schools. I was.

Harlem teacher - "We are teaching in a toxic environment"

2008-04-23T08:43:00.001-04:00

Here's an article that came out today by a teacher at an East Harlem elementary school:

"Health hazard in a Harlem school"

This school's caulk was found to have PCBs of 5,300 ppm, more than 100 times the acceptable limit, yet DOE seems to be downplaying the seriousness of the matter. Here's an excerpt:

The Daily News article cites studies indicating that exposure to PCBs can "inhibit the growth of brain cells" in children and has been linked to "anti-social behavior, depression and attention deficit hyperactivity disorder-type symptoms."

Probably not a good idea to leave the stuff lying around in an elementary school, right?

Well, not according to the NYC Department of Education (DOE). After learning about the Daily News findings, the DOE conducted its own investigation and found that the PCBs had not become airborne (except in one of the schools named in the report--not ours).

The DOE maintains that the caulk isn't hazardous as long as it's left "undisturbed." However, according to a fact sheet from our union, the United Federation of Teachers, on government environmental regulations, "Materials containing 50 parts per million (ppm) or more of PCBs must be disposed of as a hazardous material." The Daily News reported that our school's caulk has PCBs of 5,300 ppm--more than 100 times the acceptable limit.

2006 Study - Soil Contamination from PCB-Containing Buildings

2008-04-22T09:04:00.000-04:00

Here's an interesting study that was done in 2006 about the amount of PCBs found in soil surrounding buildings that had PCB contaminated caulk.

"Soil Contamination from PCB-Containing Buildings"

Here's a pretty interesting excerpt: Our findings suggest that the most likely cause of soil contamination found around these PCB-containing buildings is natural weathering.

So basically weather causes PCBs to go into the soil from caulk. Which I take to mean that any building that has PCB contaminated caulk on the outside of the building will have significant levels of PCBs in the soil as well just due to weather. This is not good for schools since kids play outside in the contaminated soil further increasing their exposure to PCBs.

Daily News - Bronx officials push for PCB check

2008-04-22T08:30:00.000-04:00

Looks like our elected officials are starting to take some initial steps to address the issue of PCBs in schools.

"Bronx officials push for PCB check"

It is hard to understand why the DOE is not taking this issue more seriously:

...the Department of Education has not acknowledged that the illegal contamination is a problem...

The DOE has so far said it has no plans to test for PCBs at the more than 250 other city schools built between 1960 and 1977, despite the city's own air and dust testing turning up elevated PCB levels at schools where The News found contaminated caulk.

This is a national issue that needs a national solution so it is good to see that members of Congress are starting to look at legislation that will address this issue across the country:

On a national level, Bronx Reps. Joe Crowley (D-East Bronx, Queens) and José Serrano (D-South Bronx) are taking the lead on legislation to find and remove all PCB caulking from schools, hospitals and public housing across the country.

Let's hope these efforts continue to gain support to really have a positive impact.

NYTimes article from 2005 about PCBs found in Westchester School

2008-04-21T13:48:00.001-04:00

Interesting article from July 2005 about a school in Yorktown Heights in Westchester County, New York that, because of a parent who took it upon himself to get the school caulking tested, ensured that the PCB contaminated areas were cleaned up.

"Tainted Soil to Be Removed Next to Westchester School - New York Times"

The last 2 paragraphs are not very encouraging:

Little is being done at the state level to address the issue. The State Education Department has notified schools of the findings in Dr. Herrick's study through a newsletter. Assemblyman Thomas P. DiNapoli, the chairman of the Assembly's Committee on Environmental Conservation, said he was considering sponsoring legislation that would finance a pilot program to test for contaminated caulk in schools and perhaps other buildings.

But environmental groups expect that advancing such legislation will be difficult. "What schools have a tendency to do is have a 'don't ask, don't tell' approach - they're afraid if you find something, then you'll have to do something about it," said Kathleen Curtis, executive director of the Citizens' Environmental Coalition, an Albany-based advocacy group. "School districts are tight on money. There's been a tremendous amount of difficulty getting a bill passed to test for lead in school water fountains."

California High School PCB cleanup

2008-04-21T13:38:00.000-04:00

A high school in California recently started a PCB cleanup project after PCBs were found in the soil around the school. More proof that this is an issue that schools across the country are having to cope with. San Mateo Daily News

PCBs are a national issue!!

2008-04-21T13:23:00.000-04:00

If you need any proof that PCBs are not just a New York or northeast issue, check out this article about a proposed toxic waste landfill in Illinois. "Obama, Durbin concerned about chemical waste at Clinton landfill". This is truly a national issue that needs to have a national solution for removing PCBs from society.

PCB history is not pretty

2008-04-18T10:03:00.002-04:00

Here is the infamous history of PCBs from their early discovery in 1865 all the way up to this century. It details how harmful these toxins have been and the slowness to react to by industry to clean up and address the very serious health issues that the toxins created.

Cleaning schools of PCBs

2008-04-17T12:04:00.001-04:00

One of the main issues that I have heard is how does a school that has been found to have PCBs in the dust keep itself clean in a way that will ensure the PCB contaminated dust is minimized on an ongoing basis. NY city officials have said that no special chemicals or materials are needed only soap and water to wet wipe up the dust and a vacuum cleaner with a proper filter since sweeping only moves the dust around and kicks it up into the air creating a more hazardous environment. Well, according to the NYC Department Of Education's general facilities cleaning plan, sweeping is the primary way to clean up floors and not by using vacuums. I think someone needs to take a closer look at this and make some changes.

TEST THE CAULK!!!!!

2008-04-17T12:02:00.000-04:00

According to the NY State Education Department, "the U.S. EPA regulates the disposal of caulk, as well as soil and other materials contaminated with PCBs from caulk, if the concentration of PCBs exceeds 50 ppm." So basically if NY city officials test the caulk in city schools and find that the concentration of PCBs exceeds 50 ppm then by law the caulk must be removed and properly disposed of. Interesting to note that I have not seen any city agency (i.e. Departments of Education, Health, etc.) or officials from the Mayor's office call for testing of PCB levels in the caulk. Some other elected officials have called for this but the agencies charged with safeguarding the educational environment of our children have not. I guess 'sweeping' it under the rug is less costly than removing the source of the PCBs from our schools.

Times Ledger article on PCBs

2008-04-17T11:41:00.003-04:00

Another local newspaper brings this issue of PCBs in schools to the public.

United Federation of Teachers speaks out on PCBs

2008-04-17T11:37:00.000-04:00

Here's a statement by UFT President Randi Weingarten on the 'better safe than sorry' approach the UFT is adopting on PCBs.

NY Daily News - School Bigs Talk ABCs of PCBs

2008-04-17T11:35:00.000-04:00

And yet another article by the NY Daily News on the issue of PCBs in NYC schools. This paper is definitely on top of this issue more so than any other news outlets.

Queens Courier on PCBs

2008-04-17T11:33:00.000-04:00

Local Queens newspaper on reports of PCBs in NYC schools.

Talk Bronx on PCBs in NYC schools

2008-04-17T11:30:00.000-04:00

Local online Bronx information source, Talk Bronx, highlights issue of PCBs in NYC schools.

WABC7 TV on the PCB NYC schools findings

2008-04-17T11:29:00.000-04:00

Here's a local TV report on the findings of PCBs in NYC schools.

NY Daily News - Outcry grows for PCB testing

2008-04-17T11:19:00.000-04:00

Here is another New York Daily News article. This one is highlighting schools in Brooklyn, the borough with the most schools constructed between 1960 and 1977 when PCBs were banned.

NYC Schools PCB Sampling Reports

2008-04-17T10:55:00.000-04:00

Here is a site that has the full data from the PCB sampling taken in various New York City schools.

Letter from New York City Health Commissioner on PCBs in schools

2008-04-17T10:49:00.000-04:00

This is a letter that the New York City health commissioner wrote to the New York Daily News in response to their article on the issue of PCBs in schools. It irks me and many other parents, teachers and concerned citizens that city officials who new that these buildings were built back in the 1960s and 70s using PCB contaminated materials only now, in response to the news media breaking the story, are starting to publicly address this issue.