Monday, September 01, 2014
Risk Policy Report - 07/12/2011

EPA, GOP In 'Head-To-Head' Fight Over Residential Radiation Standard

Posted: July 11, 2011

A group of Republican congressmen from Florida is battling EPA over whether the agency should survey parts of the state where it fears tens of thousands of people living on former phosphate mines may be exposed to dangerous levels of radiation, with the lawmakers challenging EPA's long-held cleanup standard for radioactive contamination in residential areas.

According to one congressional staffer, the Republican congressmen and EPA's administrator are in a "head-to-head" fight over the surveys, even as EPA is considering using them more widely.

At issue are approximately 10 square miles of former phosphate mining lands near Lakeland, FL, where EPA has taken no cleanup action despite having had concerns since the late 1970s that the indoor air of homes built on the lands is contaminated with cancer-causing levels of radiation. EPA's concerns, made public by an award-winning series of Inside EPA articles in 2010, have prompted a negative reaction from the Republican congressmen, who believe the agency's fears are overblown.

In February the lawmakers, who include Reps. Dennis Ross, Gus Bilirakis, Vern Buchanan, Richard Nugent and Thomas Rooney, sent a letter to EPA Administrator Lisa Jackson in which they take issue with EPA having recently conducted a preliminary aerial survey near the area in question, according to the letter, which Inside EPA recently obtained through a Freedom of Information Act (FOIA) request. The survey is considered to be a key early step in a possible cleanup process.

In the letter, the lawmakers call EPA's long-held standard for cleaning up radioactive contamination in residential areas "arbitrary" and claim that past studies by the Florida Department of Health found no health risks in the area. Relevant documents are available on InsideEPA.com. (Doc ID: 2369534)

In a May response letter to the congressmen, EPA waste chief Mathy Stanislaus does not directly address the lawmakers' challenge to the agency's cleanup standard. But he defends EPA's use of aerial surveys and does not offer to halt such surveys or notify the lawmakers prior to conducting them in the future, as the lawmakers demand in their letter.

Stanislaus offers to meet with the congressmen, but according to an EPA spokeswoman, no such meeting has been scheduled.

According to a spokesman for Ross, the congressmen are "still in a head-to-head fight with [EPA Administrator] Lisa Jackson about getting notification on flyovers, let alone having them brought to a halt." Representatives for the other lawmakers could not be reached for comment.

Stanislaus says that the limited survey EPA conducted earlier this year "contributed valuable information to the agencies as plans for a larger-scale survey were considered . . . Based on this information, EPA is considering a larger-scale aerial survey to collect data related to phosphate mining sites and background areas."

He adds that it "is important to note that conducting an aerial survey is not necessarily an indicator of a concern or a need for remedial action. Surveys are also useful tools for confirming areas that are not considered to pose potential health or ecological risks."

According to the EPA spokeswoman, EPA has not yet made a final decision on how to proceed with such surveys.

The EPA standard, which the agency has used as the basis for radiological cleanups near residential areas throughout the country, has long been a source of contention between EPA, Florida and phosphate mining industry officials. The disagreement is one of the main reasons why the agency has yet to act on its concerns about human exposure in the area.

The standard, which comes from EPA's regulations under the Uranium Mill Tailings Radiation Control Act (UMTRCA), dictates that radium-226 concentrations in soil -- which are often elevated on land that has been mined for phosphate -- should not exceed 5 picocuries per gram (pCi/g) above what naturally occurs in the area. EPA has long relied on the standard as an applicable or relevant and appropriate requirement (ARAR) under Superfund law for radioactive cleanups near residential areas around the country.

But Florida officials have argued that no cleanup is necessary unless people are being exposed to more than 500 millirem (mrem) of radiation per year, a suggestion that some environmentalists fear could set a dangerous precedent given that EPA has historically considered exposures above 15 mrem to be unsafe.

In their February letter, the congressmen claim that the federal Agency for Toxic Substances and Disease Registry (ATSDR) "in reviewing the [EPA] standard, stated [it] could be set two orders of magnitude higher and still be protective of human health."

But while ATSDR in documents previously obtained by Inside EPA suggests that it would be satisfied with a 100 mrem standard, the agency in the documents says it does not object to EPA relying on its traditional ARAR, to which the congressmen and state officials are opposed.

In addition, ATSDR says in the documents that it agrees with EPA that aerial surveys of the area are necessary.

But in their letter, the Republican congressmen call such surveys "an inappropriate use of taxpayer dollars. Furthermore, the arbitrary standard advocated by the EPA creates a significant risk of placing an unjustified and permanent stigma over thousands of acres of land in [our] district[s].

"Florida's real estate market is already under significant duress as a result of the economic downturn in our own state," the lawmakers add. "These potential actions by the EPA stand to impede Florida's recovery without any basis in human health risks."

According to documents Inside EPA previously obtained under FOIA, many of the areas EPA is concerned with are occupied by wealthy, up-scale residential developments and resorts. But according to more recent documents, EPA is also aware that some of the potentially affected areas could be low-income or minority communities, creating environmental justice concerns. -- Douglas P. Guarino

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Risk Policy Report - 07/12/2011, Vol. 18, No. 28