Safety level of toxics in dispute Safety level of toxics in dispute (August 27, 2004)

Companies oppose use of tougher new standard by EPA

By Jon Wiener

The toxic contamination found in a bedroom in Northeast Mountain View is not as dangerous as advertised, according to some of the companies responsible for the pollution.

Three more residents in the neighborhood just west of Whisman Road have agreed to let the U.S. Environmental Protection Agency (EPA) test their homes for airborne toxins, bringing the total number of volunteers to 10. But just how much contamination it takes to pose a long-term health risk is still in dispute.

Jane Horton's home on the west side of Whisman was one of the first to be tested by the EPA, as part of a reference sample in March. The test turned up trichloroethene (TCE) vapor in her son's bedroom in amounts above a provisional level published in 2001 but below an earlier standard. Concentrations in her basement were significantly higher, surpassing the older standard set by the California EPA.

"According to the old standard, he's safe and [by] the new standard, he's not. It makes it real clear" how significant the dispute is, said Lenny Siegel, a local activist who serves on the board of Northeast Mountain View Advisory Council (NMAC) board along with Horton.

The EPA has yet to formalize its 2001 study, which revised the dangers associated with TCE contamination. Meanwhile, the EPA and residents continue to reference the numbers it produced, to the dismay of the companies who have to clean it up.

The study, known as the Draft TCE Health Risk Assessment, highlighted the chemical's effect on susceptible populations, such as children. The study determined that TCE is 56 times more toxic than previously thought.

Under the old standards, the "protective risk range" for TCE was between 0.96 and 96 micrograms per cubic meter. The range refers to levels that, over a 30-year period, would cause one extra cancer case in a population of 1 million, at the lowest of the range, and one case per 10,000 at the highest end. The range for the new standard is 0.017 to 1.7 micrograms per cubic meter.

"It's is not a final number, but we believe it's the best available science," said EPA project manager Alana Lee, referring to the new 0.017 level.

EPA toxicologists said it will be several years before the new levels become enforceable standards, and some local citizens believe that politics, not science, is behind the delay.

"For political reasons, the Pentagon is saying that (Horton's) kid is safe," said Siegel.

The largest TCE polluter is the Navy, and any decision EPA makes on the standards is expected to have ripple effects on Superfund sites across the country. At an Aug. 18 NMAC meeting, Navy project manager Rick Weissenborn said that the Navy had just sent a memo to remind staff to oppose the use of the unofficial standard.

"Until the provisional [standard] has been confirmed by additional evaluation, the official California EPA [standard] should be used as an action level," said Weissenborn.

EPA officials have been careful to point out that the new numbers are not official standards and that they can't be used to require action, but the majority of regional offices are now relying on them as reference points for testing purposes. In written comments submitted to the EPA and in remarks at the meeting, several companies made it clear they think the new numbers should not be used at all.

"Use of the Draft TCE Risk Assessment is scientifically inappropriate and contrary to EPA policy and law," wrote Elie Haddad, a consultant for Fairchild and Raytheon, two of the companies that are paying to clean up the site. A representative for Vishay General Semiconductor concurred.

The EPA said the companies have been cooperative, and they are currently paying to install a ventilation system in Horton's home. But Siegel said he believes their written comments are laying the groundwork for potential lawsuits, if the draft numbers continue to grow in importance.

"The companies do have a different viewpoint but they have been working very cooperatively with us to test for TCE at these sites," said Kathleen Salyer, an EPA manager.

E-mail Jon Wiener at jwiener@mv-voice.com

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