Blog - Page 2 - Beyond Toxics

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Apr 2023

It’s National Public Health Week. Let’s tackle toxic chemicals!

Lisa Arkin

Every child deserves a safe environment to grow in that allows them to become strong and healthy and develop to their full potential. During National Public Health Week, it's important to draw attention to the health impacts and risks from toxic chemicals in products and the places where children live, learn and play. It is now estimated that 10 million synthetic chemicals are added to the marketplace every year. They range from the chemicals in plastic toys, pesticides on our lawns and school grounds, and harmful additives in our personal care products that go directly onto our skin and are absorbed into our organs.

These chemicals can cause immediate and long-term harm. Toxic chemicals are linked to neurological damage which can leave a child with learning disabilities. Over time, chemicals can lead to a wide range of health problems from endocrine and reproductive disruption to cancer. Exposure to harmful chemicals in consumer products and the environment disproportionately impact communities of color and lower income communities that are more often exposed to cumulative toxins. It is often the case that cheaper and deadlier products are marketed to the most vulnerable members of our communities.

What is Oregon doing to address toxic chemicals?
Thankfully, there are three key bills addressing toxic chemicals this 2023 Session being led by Oregon Environmental Council and Beyond Toxics and their partners. We continue to advocate for and defend these bills from staunch opposition from the chemical and pesticide industry and demand that toxics be prioritized by our lawmakers.

This year, National Public Health Week coincides with an important deadline in Oregon’s legislative session, and thus determines what health-protective policies will, or will not, move forward. On April 4th, every bill currently being considered by the Oregon legislature must have been voted out of its first chamber committee.

happy Group of elementary school kids running forward

What do these bills do, and what is their current status?

1) Toxic Free Schools (SB 426)

Oregon school districts and regulatory agencies currently lack funding, coordination and resources needed to implement safer pesticide use practices. As a result, unintentional yet illegal pesticide uses are occurring at Oregon schools. SB 426 will fix a 14-year unfunded mandate for schools and create a path towards modernized record keeping and safer choices for pest control under the Healthy and Safe Schools Act.

The Toxic Free Schools Act will:

End a 14-year unfunded mandate by providing resources and technological assistance to school districts to reduce harmful pesticide use.

Modernize pesticide record-keeping processes and increase transparency for communities.

SB 426 was voted out of the Senate Education Committee on March 30th and has been referred to the Joint Ways and Means Committee to address its fiscal impact.

Advancing Environmental Justice in 2023

Krystal Abrams

Our 2023 Legislative Priorities

I am thrilled to report that we are gearing up for another very exciting year of advocacy and activism! Each year Beyond Toxics creates a list of priorities for the Oregon legislative session, working with our members and community partners to support strong public and environmental health policies for the state.

Our advocacy campaigns are rooted in environmental justice, putting equity and inclusion in all sectors of Oregon policy-making at the center of our work. I believe that, in order to build a thriving and just Oregon, we need to urge local legislators to vote in favor of strong and equitable policies that demonstrate an ongoing commitment to environmental stewardship and the advancement of human rights and dignity.

We are leading three priority initiatives during the 2023 Oregon legislative session. The issues addressed reflect areas of concern for frontline communities bearing the brunt of climate change and environmental degradation. Our team remains a steadfast advocate for all Oregonians, especially those living in underserved communities across the state.

These are our three legislative priorities for the 2023 session:

Help Oregon achieve its strong climate goals

Strengthen and update pesticide policies on school grounds

Increase accountability for waste incinerators to protect Oregon’s air quality

Natural Climate Solutions (SB 530)

Creating Natural Climate Solutions
We are working with a statewide coalition to put forward the Natural Climate Solutions bill, SB 530. This could be a game-changer for climate action in Oregon! SB 530 is a comprehensive bill that will help the state achieve its climate goals, support Oregon’s environmental justice communities and small landowners, improve equitable outcomes in the face of climate change, and protect our state’s vital natural resources.

If passed, SB 530 will…

Create an ongoing source of state funding for voluntary actions to draw down carbon from the atmosphere and store it on natural and working lands, such as forest land, farm land and wetlands;

Position Oregon to leverage federal funding and private investments in natural climate solutions on natural and working lands;

Fund and direct state agencies to provide incentives and technical support to forest owners, farmers, ranchers, and environmental justice communities on natural and working lands to adopt climate smart practices; and

Invest in a comprehensive Oregon natural and working lands inventory and study opportunities for workforce development and training.

In addition to all these climate benefits, implementing this bill will result in significant and measurable environmental benefits of cleaner air, healthier soils and protected drinking water.

“This ambitious piece of legislation prioritizes activities that protect or improve the ability of Oregon’s natural and working lands to sequester carbon. This is the necessary climate action our state needs and, if it is successful, it will put an amazing framework in place to address greenhouse gas reduction in our forests, agricultural lands, and rangelands.” ~ Teryn Yazdani, Staff Attorney and Climate Policy Manager

Read more about the Natural Climate Solutions bill

Toxic Free Schools (SB 426)

Pesticide Reduction and Improved Management Practices For Schools
Our second legislative priority is The Toxic Free Schools bill, SB 426, which is part of a three bill suite of environmental health bills lined up to protect children's health from exposure to toxic chemicals. The goal of SB 426 is to improve transparency around pesticide use in Oregon schools and provide funding to support schools integrated pest management planning. When Oregon's School Integrated Pest Management law was enacted in 2009, it did not allocate funding to the Department of Education or school districts to implement the law. As a result, many hazardous and unlawful pesticide applications have occurred on Oregon’s school campuses in the last thirteen years.

If SB 426 is passed, a proactive approach to adopting the safest pest management methods will ensure school children are not exposed to pesticides that can cause cancer and other negative health impacts.

If passed, SB 426 bill will…

Improve transparency around pesticide use in schools by aligning School IPM law with the Healthy and Safe Schools Act;

Direct the Department of Education to convene a stakeholder advisory group to coordinate and problem-solve IPM implementation in Oregon schools;

Provide funding for three pilot projects to implement an electronic Pesticide Applicator Recordkeeping application developed by Oregon METRO government;

“Ultimately, the Toxic Free Schools bill will provide resources to the Department of Education to support school districts in updating and implementing IPM plans and improve transparency under Healthy and Safe schools. The goal is to prevent children's exposure to pesticides on athletic fields, playgrounds, cafeterias and learning spaces.” ~ Jennifer Eisele, Pesticide Policy Manager

Read more about the Toxic Free Schools bill

Oregon's Medical Waste Incineration Act (SB 488)

Covanta waste incinerator, Chester, PA. Image courtesy of Chester Residents Concerned for Quality Living.

Air Quality Solutions
The third bill we are prioritizing is Oregon's Medical Waste Incineration Act, SB 488. This bill will close a regulatory loophole in Oregon’s air quality laws that allows a municipal waste (trash) incinerator to burn large amounts of medical and industrial waste, including waste trucked in from out-of-state. Each year, Oregon’s municipal waste incinerator burns more than 176,000 tons of municipal, medical and industrial waste. In recent years, this incinerator has steadily increased their tons of out-of-state hospital and medical waste every year! Burning medical waste, which is often plastics such as PVC, is known to emit more toxic pollutants than most municipal waste due to the complex nature of medical waste. As medical waste incineration increases, emissions of dioxin compounds and other dangerous chemicals also increase. Dioxin is a highly hazardous toxin linked to cancer and reproductive problems. Currently, the incinerator is regulated under the relatively lax rules despite burning a large percentage of out-of-state medical waste. Oregon can close loopholes in the law that will reduce emissions from waste incinerators. The large amounts of air toxics emitted from its stack has impacted human and environmental health around Marion county for over 30 years.

Now is the time to pass SB 488 to implement a much-needed update to Oregon clean air laws. Oregon must adopt stricter emission limits for incinerators burning large amounts of medical waste incineration. The result will be improved air quality for communities around waste incinerators now and into the future.

If passed, SB 488 will…

Give the DEQ the authority to accurately assess how many tons of medical waste is burned annually at a trash incinerator facility;

Apply the stricter emission limits required for medical waste incinerators under federal law;

Regulate a large polluter and ensure better environmental protection and public health outcomes for all Oregonians.

“In essence, Covanta Marion is a medical waste incinerator masquerading as a municipal waste incinerator by taking advantage of this loophole. Covanta Marion essentially doubles its profits by importing medical waste from out of state. The fact that Covanta Marion can burn medical waste and pollute while taking advantage of weak environmental regulations makes Oregon a dumping ground for the toxic pollution that other states don’t allow.” ~ Lisa Arkin, Executive Director

What To Expect
The Beyond Toxics team will fight to pass all three bills during the 2023 legislative session. Our goal is to keep advancing stronger policies that implement meaningful change for Oregon’s environmental policies and prioritize human and environmental health.

However, we do not work alone! We rely on support from local communities and people that are concerned about environmental and public health issues. You can help us get these bills passed this session!

Here’s how you can get involved right now…

Stay informed! Sign up for Beyond Toxics e-alerts to stay up to date on these 3 bills and receive our weekly Action Alerts directly in your inbox.

Plan for action! Start planning to submit written testimonies in favor of these bills once the hearings begin. The legislative session moves quickly so it’s a good idea to start thinking about your stance on these issues now.

Spread the word! Share your thoughts about these bills with your family and friends and encourage them to write their own testimonies in support of any of these three bills.

Check your socials! Follow @beyondtoxics on Facebook, Instagram and/or Twitter and keep an eye out for upcoming Action Alerts in your feeds.

Krystal Abrams, Communications Manager

Dec 2022

Victory for Clean Energy

Lisa Arkin

NW Natural Withdraws its Hydrogen-Fracked Gas Blending Project in Eugene

Gas tap with pipeline system at natural gas station.

What does it really take to fight for non-polluting and equitable energy choices while calling out greenwashing and false solutions? Beyond Toxics made a decision to step forward to halt an ill-conceived energy project put forward by NW Natural, a corporation that makes its profits by promoting the sale and use of fracked methane gas. Our decision aligns with our environmental justice values, specifically supporting community health and fair treatment.

This October, Beyond Toxics joined with other organizations to intervene in a proposal by NW (Not-so-very) Natural to stop a $10 million project to build an experimental hydrogen-blending facility in West Eugene. Our intervenor status was approved by the Oregon Public Utilities Commission, which would need to approve NWN’s project before any proposal could proceed.

On November 1st, mere weeks after our team intervened in NW Natural’s application, the corporation formally withdrew its application. The cancellation of the methane-hydrogen blending project in West Eugene is a clear victory for community organizing! We were able to see this experimental project for what it was - greenwashing and the continuation of climate-destabilizing fossil fuel infrastructure.

It was important we took immediate action to block NW Natural’s predatory plan to use the Bethel neighborhood for the experimental project. As climate justice advocates, we want to share the facts about why hydrogen is the wrong choice for the Bethel neighborhood, and for Oregon!

The project objective was to send methane-hydrogen blended fuel into 2,273 residences in the Bethel neighborhood in West Eugene, a working class neighborhood. However, Bethel residents weren’t given a choice to opt-out, which meant the project was being forced on unsuspecting residents. As one Eugene elected official told me, “Here in Bethel, we’re their guinea pigs.” In addition to being the test subjects for this controversial project, NWN admits the costs of building out a large new fossil fuel infrastructure would be shifted to Oregon ratepayers.

That is merely the start of why this project is better dead. While NWN’s methane-hydrogen project plans are shelved for now, we are skeptical that they will remain forever buried. Should these plans come back to Lane County, the public must be armed with the knowledge of its potential negative impacts on our community.

Greenhouse Gas
Methane is the most potent greenhouse gas in the short term. Methane has twenty-one times the global warming potential of carbon dioxide. Yet, NWN’s $10 million “blending” project will remain 90-95% methane gas, with only 5-10% hydrogen in the blend. That minimal reduction in methane gas accomplishes next to nothing to reduce methane in the atmosphere where it will continue to swiftly affect the earth’s temperature and climate system.

Dangerously Unstable
The volatile nature of hydrogen makes sending hydrogen into homes highly risky. Hydrogen erodes metal pipes and valves, a process called Hydrogen Embrittlement. This occurs when metals become brittle as a result of introducing hydrogen into pipes and appliances. The degree of embrittlement becomes significant when it leads to cracking. Older appliances in houses may have weaknesses that make it more risky to introduce even modest amounts of hydrogen blended in with natural gas. A recent explosion of hydrogen in North Carolina seriously damaged 60 nearby homes, including making at least one home uninhabitable.

Water Usage
Technological inefficiencies along with green hydrogen’s reliance on freshwater during its production process are very worrisome, particularly because the West Eugene project would be using our drinking water from the McKenzie River. In Oregon, as well as other areas of the world, increasing drought conditions may put thirsty communities in competition with multinational hydrogen corporations for fresh water necessary for human, environmental and agricultural survival. A recent article on hydrogen in Reuters cited an Australian study estimating the upper end of water use at over 21 gallons to create one kg of hydrogen - which is equal to 1 gallon of gasoline in BTU equivalent. That’s a lot of water for very little energy.

Public Health
Blending hydrogen and methane increases emissions of nitrogen oxides (NOx) compared to burning methane alone. This raises the risk of NOx-associated chronic respiratory diseases such as asthma. Furthermore, if hydrogen blends cause pipe embrittlement, there may be increased health risks from carbon monoxide leaks from escaping methane gas.

Economics
Economic concerns being discussed by research firms, such Carbon Tracker (10/20/2022), have warned that up to $100 billion of “dirty” hydrogen investments – those which utilize fossil fuels as a feedstock – could become obsolete as nations move to reduce reliance on gas, particularly in light of the desire to avoid purchasing gas from Russia while it attacks Ukraine. According to Forbes Magazine (7/31/2021), “... many of the companies pushing hydrogen aren’t doing so to save the planet. They’re doing so to save their business models in a time of extreme transition towards greener technologies and e-mobility.”

It seems worthwhile to explore the possibilities for clean hydrogen in fuel cells needed for transportation (after all, hydrogen is rocket fuel) or heavy industrial uses. However, we know that blended hydrogen in homes does very little for public health or to help Oregon achieve its carbon reduction goals. NW Natural's claim that hydrogen is the pathway to “transition” away from fossil fuels for residential use is pure greenwashing. It is clear that their claims are merely a ploy to maintain the status quo for gas companies and keep us chained to fossil fuel infrastructure such as gas pipelines and appliances.

The more we learn, the more we understand that, wherever big natural gas companies peddle hydrogen blending projects, their proposals take us in the wrong direction to realistically meet climate harm reduction goals. For these reasons and more, Beyond Toxics stepped up to successfully stop this risky project. Now we can get back to the business of investing in the emissions reductions we need, and quickly, to protect health and step back from the brink of climate disaster.

Lisa Arkin,
Executive Director

Dec 2022

Victory for Clean Energy: NW Natural Withdraws its Hydrogen-Fracked Gas Blending Project in Eugene

John Jordan-Cascade

Victory for Clean Energy: NW Natural Withdraws its Hydrogen-Fracked Gas Blending Project in Eugene

On November 1st, mere weeks after our team intervened in NW Natural’s application, the corporation formally withdrew its application. The cancellation of the methane-hydrogen blending project in West Eugene is a clear victory for community organizing! We were able to see this experimental project for what it was - greenwashing and the continuation of climate-destabilizing fossil fuel infrastructure.

The project objective was to send methane-hydrogen blended fuel into 2,273 residences in the Bethel neighborhood in West Eugene, a working class neighborhood. However,Bethel residents weren’t given a choice to opt-out, which meant the project was being forced on unsuspecting residents. As one Eugene elected official told me, “Here in Bethel, we’re their guinea pigs.” In addition to being the test subjects for this controversial project, NWN admits the costs of building out a large new fossil fuel infrastructure would be shifted to Oregon ratepayers.

Water Usage
Technological inefficiencies along with green hydrogen’s reliance on freshwater during its production process are very worrisome, particularly because the West Eugene project would be using our drinking water from the McKenzie River. In Oregon, as well as other areas of the world, increasing drought conditions may put thirsty communities in competition with multinational hydrogen corporations for fresh water necessary for human, environmental and agricultural survival. A recent article on hydrogen in Reuters cited an Australian study estimating the upper end of water use at over 21 gallons to create one kg of hydrogen - which is equal to 1 gallon of gasoline in BTU equivalent. That’s a lot of water for very little energy.

Economics
Economic concerns being discussed by research firms, such Carbon Tracker (10/20/2022), have warned that up to $100 billion of “dirty” hydrogen investments – those which utilize fossil fuels as a feedstock – could become obsolete as nations move to reduce reliance on gas, particularly in light of the desire to avoid purchasing gas from Russia while it attacks Ukraine. According to Forbes Magazine (7/31/2021), “... many of the companies pushing hydrogen aren’t doing so to save the planet. They’re doing so to save their business models in a time of extreme transition towards greener technologies and e-mobility.”

By Lisa Arkin, Executive Director

Nov 2022

Public Health Overlay Zones keep people safe

Teryn Yazdani

A view of a Bethel area neighborhood across from the now-shuttered J.H. Baxter creosote factory.

The people of west Eugene’s Bethel neighborhood have endured decades of increased health risks from close proximity to toxic polluters. For years, state regulators and city officials have provided little to no oversight to address the industrial pollution directly within the west Eugene community. The city must act now to use its authority to end the ongoing harm to our communities and environment from industrial polluters.

At Beyond Toxics we are advocating for new land use codes the City can amend to step up its ability to protect the public from dangerous pollution. A Public Health Overlay Zone (PHOZ) is an innovative, new land use policy that would add an additional layer of public health protection to Eugene’s City Code. While overlay zones are not new, this PHOZ is the first of its kind to exclusively prioritize community health for industrial zoning in Oregon. If adopted by city leaders, it would limit toxic industries near west Eugene homes, schools, and parks to improve quality of life. The PHOZ would restrict certain harmful heavy industrial land uses with the highest likelihood of negative impacts on public health. It would also set up buffers and setbacks to reduce residents’ exposure to air emissions.

Several cities in the United States already implement overlay zones that make a meaningful difference in people’s lives and health. For example, in Thurston County Washington, the “Industrial District” overlay zone protects residential and other non-industrial areas from adverse impacts from industrial activities. This zoning allows for the manufacturing, repairing, or servicing of goods and products when the business has a minimal negative impact on the environment and the general community. It does not aim to ban industrial uses, as there are several permitted uses within the Industrial District; instead, it limits the harmful impacts of industrial businesses.

The City of Portland, Oregon, offers another example. There, the Environmental Protection Overlay Zone aims to provide the highest level of protection to natural resources, such as streams and wetlands. This overlay zone encourages developers to innovate toward the continued viability of protected resources. One of many benefits includes a buffer between noise, fumes, and lights associated with industrial and commercial uses and the nearby protected urban ecosystem. By implementing this overlay zone, Portland demonstrates support for a balanced ecosystem within the city.

Having criteria already in place to prevent toxic pollution next to where Eugene residents work, play, and live provides vital protection for communities within the overlay zone. A PHOZ would prevent housing and schools from being built directly next to industrial factories and put a buffer between toxic polluters and residents.

Had a PHOZ been in place, Eugene’s city code could have prevented the decades-long operation of the J.H. Baxter facility and the resulting harm. We feel this kind of overlay zone is an essential land use planning tool to ensure the community devastation from J.H. Baxter never happens again. Instead, a PHOZ would promote healthy and sustainable future developments in Eugene by restricting the worst polluters. A healthier and safer environment makes Eugene more livable, resilient, and vibrant--adopting a PHOZ helps us meet that goal.

Take Action

Neighborhoods in west Eugene have suffered from polluters like J.H. Baxter for far too long. The creation of a Public Health Overlay Zone would create additional public health protections to prevent bad actors like J.H. Baxter from locating in Eugene. If you agree this policy would be beneficial for our city, take action to sign the petition to Mayor Vinis and Eugene's City Council asking for a Public Health Overlay Zone and let Eugene’s leaders know a healthy city is the kind of city you want to live in.

~ Written by Teryn Yazdani, Beyond Toxics Staff Attorney and Climate Policy Manager and Cole Barron, Beyond Toxics 2022 Summer Legal Intern,

Jul 2022

Pollute, Dispute and Scoot!

Lisa Arkin

20210218news-JH-Baxter_AerialView_1400px

Aerial view of JH Baxter creosote factory in West Eugene.

When J.H. Baxter shut down in January 2022, the community heralded a new era of cleaner air and more livable neighborhoods. This creosote chemical company polluted both nearby communities and its own workers for seven decades. The day after the plant ceased operations, nearby neighbors could suddenly take in a breath of air without coughing, getting a headache or feeling nauseous.

Dishonorably, like the black tar stain of creosote, J.H. Baxter continues to leave its sticky, foul mark on its Bethel neighbors. Shielding itself from the consequences of intentional toxic chemical trespass is the company’s signature legacy.

J.H. Baxter takes advantage of our community in three major ways

POLLUTE
First, J.H. Baxter for years exposed residents to air polluted with a sinister cocktail of naphthalene, ammonia, methanol, acetaldehyde, and a much longer list of nasty chemicals. At the same time its Bethel factory contaminated groundwater with pentachlorophenol (a carcinogen) and soil with dioxin (a carcinogen). Both provoked above-average health problems that afflict many long-suffering residents.

DISPUTE
Secondly, J.H. Baxter violated environmental protection laws in full view of our federal and state agencies. Regulators knew that the company was a repeat, intentional polluter and declared it a Significant Non-Complier as far back as 2012. Sadly, nothing changed. As environmental violations mounted and grew in severity, J.H. Baxter employed the corporate tactic of dispute-and-delay to dissuade agencies from holding it to account and issuing appropriate civil penalties. The company is responsible for at least one Superfund site in California and hazardous chemicals spills in the Columbia River. Like a white-collar crime thriller on the big screen, this corporate tycoon took advantage of its wealth and political ties to silence workers and manipulate the system. These deceits enabled J.H. Baxter to emerge unscathed, time after time.

SCOOT
Finally, when cornered by indisputable revelations of dioxin in the soil of nearby neighborhoods, J.H. Baxter forced regulatory agencies to go to court, buying time and spending taxpayer dollars. J.H. Baxter employed this tactic again when it was fined $305,440 for egregious violations of hazardous waste and water quality laws from 2015 to this year. It used the courts to dispute evidence of violations and to protest civil fines. Beyond Toxics became a legal petitioner to represent community interests and make sure pollution victims’ experiences were considered. After dragging out the litigation for nearly a year, on July 14, J.H. Baxter signed a settlement agreement to pay the full $305,440 immediately. The agreement was used to resolve the enforcement actions by the DEQ.

Here’s where J.H. Baxter performs the evasive “scoot” maneuver, continuing its historical pattern of violating the community’s trust, signing documents in bad faith and skirting Oregon laws: The company refuses to pay their $305,440 debt, and appears have no intention of paying the fine even though they signed the settlement agreement.

Further, the company refuses to make any effort to pay for the dioxin cleanup of residential yards in Bethel neighborhoods that are now contaminated from years of negligent environmental violations.

PROFITS, LIKE ITS POLLUTION, UP IN THE AIR
Although the company has not declared bankruptcy, Company CEO Georgia Baxter claims that years of corporate profits simply vanished. Thankfully, the Oregon Department of Justice and the Oregon DEQ are scrupulously investigating how the State can recoup the money owed in civil penalties and the millions of dollars being spent on cleaning up the dioxin mess, both on the polluter’s property and in the yards of nearby Bethel residents.

However, DEQ’s options are murky under Oregon law. For example, the agency has been unable to recover even a penny from all the equipment and chemicals J.H. Baxter has sold off since it closed.

J. H. Baxter has figured out it can pollute, dispute and scoot – with impunity.

WE CAN LEARN FROM THIS
Eugene should not allow a similar toxic fiasco to happen again! Now is the time to stand up and demand polluter accountability. Beyond Toxics is working with City Councilors Claire Syrett and Randy Groves to design policies with the teeth to protect our communities. We residents of Eugene must mandate strong requirements to end chronic polluter malfeasance. Our legislature must give our regulatory agencies more tools to rein in chronic polluters.

Help us pass meaningful policies that build public health criteria in our zoning codes. Contact us to find out more about upcoming hearings on the Public Health Overlay Zone. Read our J.H. Baxter FAQ sheet. Your City Councilor needs to hear directly from you that Eugene must adopt solutions that will get our community on a clear path to end the dodgy cycle of pollute, dispute and scoot.

~ Lisa Arkin, Executive Director

See also: "Opinion: Eugene can prevent toxic fiascoes like J.H. Baxter's from happening again"
Lisa Arkin, publshed in the Eugene Register-Guard, Sept. 25, 2022

Read Register-Guard's most recent reporting on the J.H. Baxter issue

May 2022

Ask city for change to prevent more Baxter-like pollution issues now facing west Eugene

Krystal Abrams

(this article was originally published as an opinion editorial in the May 15th edition of the Eugene Register-Guard)

For over 50 years, J.H. Baxter operated a wood treatment facility in West Eugene where wood products are infused with potent oil-based pesticides and chemical treatments. In recent months, J.H. Baxter, facing large civil penalties and an expensive environmental clean-up, announced that they would “mothball” their facility. The owners claimed they were faced with “market volatility” and “diminished returns” and concluded that “it simply doesn’t make financial sense to continue current operations at [their] Eugene facility.” Apparently, JH Baxter’s choice of operational methods, which never made moral or legal sense, is no longer financially sensible.

Celebrations from environmental justice advocates and neighborhood residents are justified. However, the decades of pollution violations, unpaid civil penalties, and unaddressed contamination caused by poorly regulated wastewater and harmful toxic air emissions mean that closed doors may be as much an act of evasion as an act of surrender.

Environmental sampling in the wake of yet another string of investigations has shown there are significant quantities of PCP leaching out from under the facility into surface and ground water and dioxin wafting out and settling in the surrounding neighborhood.

Dioxin, a toxic and persistent organic pollutant (POP) and a component of the biological-chemical weapon ‘Agent Orange’ is now a fixture of West Eugene’s public spaces, a glaring harm to properties, and substantial risk to residents. Per the Environmental Protection Agency (EPA): “Dioxins are highly toxic and can cause cancer, reproductive and developmental problems, damage to the immune system, and can interfere with hormones.”

A Community Effort for Change

Beyond Toxics and thousands of residents of West Eugene have raised the alarm on J.H. Baxter’s pollution for decades, citing noxious smells, illness, discomfort, and respiratory issues among other adverse health effects, including incidence of rare childhood cancer. J.H. Baxter has been cited with over twenty pollution violations in the last 30 years.

Despite laws and environmental protections codified to protect ‘public health and welfare,’ poison on the playground and pollution off the porch have repeatedly threatened residents of West Eugene. Today, nearly 40 Bethel residents wait to find out if their property is marked unsafe for children, unsafe to grow food, unfit for typical use.

Today’s antiquated laws, as codified, allow our state and federal government to permit harm and, functionally, designate sacrifice zones. And unfortunately, absent an injunction from a court or cease-and-desist order from either the DEQ or from the governor, these violations and cited penalties end nothing—to a company like JH Baxter, it’s just a cost of doing business.

Our communities and our regulatory agencies lack the legal tools necessary to hold chronic polluters like JH Baxter accountable to environmental regulations and fiscal responsibilities. A serious reconsideration of our planning, land use, and environmental protections is long overdue.

Proposed Changes In The Works

Beyond Toxics is proposing a series of impactful changes to Eugene’s local government. Top on our list 1) Restructure Land Use Compatibility Statements (LUCS) (a process involved with granting conditional use permits for development); 2) Codify a Public Health Overlay Zone (a new ordinance layering additional protections related to public health and equity to existing zoning regulations); 3) Create a Risk Bond requirement (a bond the polluter most hold to insure against significant risks of environmental and public harm posed by a new development or land use).

Since the inception of Beyond Toxics, we’ve been dedicated to addressing the root causes of toxic pollution. By working to dismantle entrenched and unfair legal loopholes and “perks” for polluters that allow unabated contamination with no accountability we will go a long way in the fight against these root causes. A vital part of that work includes updating land use laws and strengthening environmental regulations. Accomplishing these goals will provide lasting protections for all communities, in perpetuity.

~ Peter Jensen, Environmental Justice Law and Policy Extern and Lisa Arkin, Executive Director

City of Eugene Work Sessions

1) Addressing Chronic Toxic Polluters Work Session: Monday May 23 at 5:30 pm
MORE: https://www.eugene-or.gov/DocumentCenter/View/5448/Tentative-Working-Agenda

TAKE ACTION
Attend the work sessions via video conference

https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials

See the "Live Sessions" section on that page to access live webcasts of City Council, Budget Committee or Planning Commission. The button for meeting that is currently live will be highlighted. Live sessions and recordings of previous meetings can also be accessed via our City of Eugene Public Meetings YouTube channel.

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May 2022

How Baby Foods Might be Damaging Your Baby's Brain

Krystal Abrams

As elements with a higher density than water, heavy metals occur naturally in the environment. However, while some are beneficial for our health, such as zinc and iron, others can wreak havoc on our nervous system. Four of the most dangerous heavy metals are arsenic, cadmium, lead, and mercury [1]. Shockingly, these heavy metals can also be found in baby food intended for children under 36 months who go through a critical period of growth and development [2]. Exposure to these heavy metals by ingestion over a long time can lead to neurodevelopmental disorders such as autism [3], mainly if the baby food the child is fed contains chemical pesticides, too.

Recently, a congressional report exposed four major baby food companies in the U.S. for allowing outrageous concentrations of heavy metals in their products. The baby food manufacturers that agreed to partake in the investigation, led by Congressman Raja Krishnamoorthi, were found to use ingredients exceeding the safe limit of arsenic by 91 times and the maximum limit of lead by 177, and the safe limit of cadmium by 69 times. Because there are no regulations for heavy metals in baby food [4], companies feel encouraged to cut corners by skipping testing for these contaminants and thereby place financial gain over the wellbeing of children.

What exacerbates the extent of toxic exposure among children? In catering to baby food companies, farmers often use hazardous pesticides on their crops to destroy weeds and keep pests at bay. Pesticides can easily contaminate baby food, just like heavy metals, as they are absorbed by the grains, fruits, and vegetables through the leaves and roots. Heavy metals and pesticides act as neurotoxins [5] once inside children's bodies, which means exposure is likely to affect their neurodevelopment.

How Exposure to Heavy Metals and Pesticides Cause Neurodevelopmental Problems

Exposure to heavy metals from baby food has a cumulative impact on the nervous system of children, as they accumulate in their bodies and stay there forever. Children have a higher rate of nutrient uptake by the gastrointestinal tract and undeveloped detoxification systems, making them more prone to neurotoxicity. Because heavy metals and pesticides are neurotoxins, they can easily cross the blood-brain barrier [6] and reach cerebral matter, where they will settle. Researchers have examined the brain tumor samples of patients with neurological disorders and found neurotoxicity and heavy metal poisoning.

Lead was found to take a toll on the nervous system of babies, affecting brain development and function. Currently, roughly 500,000 children between 1 and 5 in America have blood concentrations of lead above the official safe limit [7]. The presence of significant concentrations of lead in children's bodies can cause organ and metabolic abnormalities at the cellular and molecular levels of the nervous system.

The buildup of heavy metals in children's blood will create free radicals [8], which generate oxidative stress. Free radicals are very harmful, as they can cause a wide range of serious diseases, whereas oxidative stress can damage proteins, DNA, and cells [9].

Finally, when it comes to pesticides, organophosphates, carbamates, and organochlorine pesticides were scientifically proven to be neurotoxic [10], especially in very young children. Fumigants, which are neurotoxins, too, cause damage to the nervous system by inducing toxicological mechanisms that affect most tissues in the body. In addition to autism, other neurodevelopmental problems exposure to heavy metals and pesticides from baby food can cause are cognitive damage, learning disabilities, conduct disorders, mental retardation, behavioral disorders, vision and hearing impairment, cerebral palsy, and attention deficit hyperactivity disorder (ADHD).

The Baby Food Safety Act of 2021 Gives Hope to Parents of Infants and Toddlers

Shortly after the congressional report was made public, Congressman Raja Krishnamoorthi proposed the Baby Food Safety Act [11]. This bill would immediately set baby food's arsenic, cadmium, lead, and mercury limits. If it becomes effective, the bill would also make it mandatory for the U.S. Food and Drug Administration to closely monitor baby food companies and lower the maximum allowable limits for heavy metals even more, if necessary.

The Baby Food Safety Act would also oblige facilities that manufacture, process, pack or hold infant and toddler food to enforce specific plans to ensure their products comply with the safe limits on heavy elements. Lastly, the bill would make the Centers for Disease Control run awareness campaigns periodically about the dangers of heavy metals in baby food and children exposed to these neurotoxins.

Young beautiful woman with a tablet picks baby food in a supermarket, the girl is studying the composition of the product close-up

About the Author

As CFO at Environmental Litigation Group, Jonathan Sharp is responsible for managing firm assets, collecting and distributing funds, and financial analysis. The law firm, headquartered in Birmingham, Alabama, specializes in toxic exposure and assists parents whose children developed autism due to tainted baby food.

References:

1 – https://www.osha.gov/toxic-metals
2 – https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2021-02-04%20ECP%20Baby%20Food%20Staff%20Report.pdf
3 – https://www.medicalnewstoday.com/articles/317754
4 – https://www.spectroscopyonline.com/view/regulating-heavy-metals-in-baby-food-the-challenges-of-food-manufacturers-and-the-fda-being-on-the-same-page
5 – https://pubmed.ncbi.nlm.nih.gov/17981626/
6 – https://pubmed.ncbi.nlm.nih.gov/26142507/
7 – https://www.livescience.com/cdc-standard-lead-poisoning-young-kids
8 – https://pubmed.ncbi.nlm.nih.gov/19106443/
9 – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5551541/
10 – https://pubmed.ncbi.nlm.nih.gov/17981626/
11 – https://www.congress.gov/bill/117th-congress/senate-bill/1019/text?r=1&s=4

Mar 2022

New Law Lets Homeowners Opt-Out of Pesticides

Jennifer Eisele

A street view of a new construction neighborhood with larger lan

Many Oregon homeowners in Homeowner Associations (HOAs) are concerned about landscape contractors spraying pesticides on their property. Oregon House Bill 2409, which became effective January 1, 2022, fixes this problem. However, Oregonians may still be unaware of this new law and how it affects them. It applies to homeowners in HOAs whose association maintains the landscape of property owners, most frequently their front yards. The law was passed in response to heightened concern over the overuse of toxic pesticides, which can affect the health of children, pets, and people with health challenges. Pesticides are often harmful to pollinating insects and birds as well.

Many HOA owners prefer landscape contractors to use less pesticides. HOA homeowners can now request to receive advance notification of pesticides applications and also to opt-out of pesticide applications on their own property.If a homeowner selects to be excluded, they must agree to maintain their yard to the HOA’s common standard, and HOAs are allowed to enforce compliance with maintenance to the association’s standards if necessary. This law Applies to a homeowner's private lot, but not common areas and does not affect other privately owned homes.

HB2409 provides an important opportunity for those concerned about toxics to communicate with their HOA. HOA Boards, Association Managers and landscape contractors have the administrative responsibility to ensure compliance. Spring is the right time to communicate with your HOA manager or governing board to request landscape maintenance contractors employ non-toxic alternatives.

Top Down Aerial View of a Modern Suburban Neighborhood

So how does a homeowner discuss an updated landscape contract? Go to the HOA Board and ask for a review of the landscape contract. Review if and how much (as an example) glyphosate (RoundUp etc.) or neonicotinoids (bee-killing insecticides) have been used in the past. Are non-toxic methods being used first? A new contract could include the use of: Mulch, nontoxic pre-emergents, non-toxic herbicides and insecticides. The HOA can develop a policy of “toxic pesticide use as a last resort.”

Residents of HOAs can write new policies to focus on using nontoxic alternatives like those found in the “Products Compatible with Organic Landscape Management” document published by BeyondPesticides.org. If a pesticide must be used as a last resort, have a plan of how and why.

Work together with your neighbors and management to document and manage pesticides in accordance with this new law. Less pesticide use is entirely possible. An increasing number of public entities are adopting organic landscape management practices and policies for lawns, playing fields, and parks.

~ Jennifer Eisele, Beyond Toxics Pesticide Program Manager
and Barb Rumer, Community Pesticide Reform Advocate

Gloved hand using sprayer on shrubs for fertilizing, insecticide

Health Effects of 40 Commonly Used Lawn Pesticides - source: Beyond Pesticides (PDF)

List of Pesticides Compatible with Organic Management - source: Beyond Pesticides (PDF)

PESTICIDES and ALTERNATIVES (PDF)

Mar 2022

Farmworker Overtime Bill and its Potential Protective Health Outcomes

Galia Peleg

The Oregon Legislative 2022 session has come to an end with the successful passage of the high-profile Farmworker Overtime Bill, HB 4002, now awaiting Governor Brown’s signature. More than 900 testimonies were submitted to the House Committee of Business and Labor and another 520 testimonies were submitted to the Joint Committee on Farmworker over time, making sure that the public's voice was heard. The passage of this bill is a significant step forward in addressing structural racial barriers and inequities. The Farmworker Overtime Bill not only ensures that farmworkers are paid at time and a half their regular hourly rate for work done above the 40 hour week threshold, but from a public health point of view, it also has potentially protective health measures which may alleviate some of the stressors farmworkers are experiencing.

Fair Labor Standard Act_FLSA_signed in 1938

The 1938 Fair Labor Standard Act (FLSA) was signed by President Franklin D. Roosevelt.

It is important to note that the reason Congress enacted the Fair Labor Standard Act (FLSA) in 1938 was a result of “…labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers…” [1], and to ameliorate these working conditions a 40-hour weekly cap was set, making employers less frivolous with their demand on employees' time. However, this eighty year-old law has failed to guarantee overtime pay for farmworkers.

Unfortunatley, a long history of intitutionalized racism has excluded Black Farmworkers and Migrant farmworkers from the FLSA, meaning they have not received equal rights under this act. This legacy continues to harm all farmworkers. Agricultural work is labor-intensive. Farmworkers are subjected to multiple health and safety hazards in their work environment, including physical injuries, exposure to toxic pesticides, and extreme weather conditions that affect their health.

According to a report done by Oregon Health and Science University (OHSU) on farmworkers, working overtime routinely increases the risk of work-related injuries due to fatigue [2]. The Census of Fatal Occupational Injuries (CFOI) reported that the share of Hispanic or Latino workers fatally injured on the job increased from 20.4% in 2019 to 22.5 % in 2020 (which in numbers are 1,072 fatalities). 16% of these fatalities were related to exposure to harmful environments or substances and another 25% were attributed to falls and slips at the work site [3]. Moreover, the fatality rate for Hispanic or Latino workers was 4.5 deaths per 100,000 full time equivalent (FTE) workers in 2020 while the overall fatal work injury rate for 2020 was 3.4 fatalities per 100,000 FTE [4]. The difference is fatality rates indicate that Hispanic or Latino workers are more prone to fatal injuries due to the requirements of their jobs.

The OHSU report has also established a link between workers who routinely work overtime and the onset/progression of chronic health conditions of heart disease and diabetes. In addition, workers are at higher risk of developing heat-related illnesses such as heat exhaustion or heat stroke during extreme heat events [5]. Farmworkers' well-being and quality of life are also affected by long workdays. Frequently working overtime provides less time for family life and causes financial and logistical strain trying to maintain a functional household and childcare. [2]

These health stressors, which stem from long working hours, may be alleviated with the recently passed rule. By being more mindful of regular work hours and compensating workers for overtime labor, we hope to see multiple changes, including a decline in work-related injuries due to fatigue and a higher standard of living leading to reduced financial burdens on households. We are confident that these improvements will contribute to Oregon's economy and thereby increase the overall well-being of workers, their families and their communities.

By Galia Peleg,
Master in Public Health Fellow, Oregon Health and Science University

References

1.) 29 U.S.C. § 202(a) https://www.law.cornell.edu/uscode/text/29/202

2.) Oregon Health and Science University. (2021). Mandated, but not compensated: Exploring the multifaceted impacts of overtime on farm workers’ health, safety, and well-being. https://img1.wsimg.com/blobby/go/c8357af7-9c3e-4b52-9725-4de56f1d3cea/PCUN_White%20Paper-Overtime%20Pay_FINAL.pdf

3.) TABLE A-7. Fatal occupational injuries by worker characteristics and event or exposure, all united states, 2020. (2021, December 16). Bureau of Labor Statistics. https://www.bls.gov/iif/oshwc/cfoi/cftb0342.htm

4.) Bureau of Labor and Statistics. (2021, December 16). NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2020 [Press release]. https://www.bls.gov/news.release/pdf/cfoi.pdf

5.) Castillo, F., Mora, A. M., Kayser, G. L., Vanos, J., Hyland, C., Yang, A. R., & Eskenazi, B. (2021). Environmental health threats to latino migrant farmworkers. Annual Review of Public Health, 42(1), 257–276. https://doi.org/10.1146/annurev-publhealth-012420-105014

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