Gulf Coast Hurricane Emergency Environmental Protection Act (HR 4139)

Hurricane Katrina left behind an environmental nightmare. The storm surge "scooped up" and deposited toxic sediment sludge from the bottom of lakes, rivers and the Gulf of Mexico, depositing this everywhere and leaving behind unsafe levels of arsenic, petrochemical byproducts as well as harmful bacteria. Katrina also struck 466 facilities handling large quantities of dangerous chemicals, and 31 hazardous waste sites along the Gulf Coast. Among the known contaminants and toxins that mixed with the floodwaters in New Orleans, are: oil, gasoline, hexavalent chromium, mercury, arsenic, chloroacetic acid, fecal bacteria from flooded sewage facilities (including E. coli), household hazardous wastes, pesticides, and unattended corpses.

The United States Coast Guard reported more than 7 million gallons of oil and between 1 and 2 million gallons of gasoline from plants and depots in southeast Louisiana were spilled as a result of the hurricane. At the Meraux Murphy Oil Refinery over a million gallons of oil leaked into the floodwaters. Residents whose homes were contaminated are being told not to return.

Hurricane Katrina also struck 16 superfund toxic waste sites, 3 of which were flooded, being in the environs of the City of New Orleans, one of them totally submerged. This is a catastrophe compounding a disaster, as the toxic spills that created superfund sites and which should have been cleaned up years ago were now subject to storm surges and flooding capable of carrying the toxins everywhere.

In October of 2005, I introduced the Gulf Coast Hurricane Emergency Environmental Protection Act (HR 4135), a bill to minimize harm to populations impacted by the release of environmental contaminants, hazardous materials or infectious materials in the aftermath of Hurricanes Katrina and Rita. This bill directs the Administrator of the Environmental Protection Agency (EPA) to establish a Comprehensive Sampling and Toxicity Assessment Plan (CESTAP) to assess and monitor air, water, soil, and human populations, and to coordinate a comprehensive clean-up plan for the removal or elimination of dangerous materials. An Independent Advisory and Review Board (IARB) drawn from scientific experts, community leaders, and state and local officials would advise and provide independent monthly and annual reports.

Another enormous problem felt most severely in the flooded areas of New Orleans, is mold. The tropic climate of the Gulf Coast is a perfect environment for mold to grow in structures where floodwaters stood. Thus I added a second title to HR 4139 by borrowing language from a bill introduced in the Senate by Sen. Jim Jeffords, titled the "Habitability of Residential Homes, Schools and Commercial Buildings Affected by Hurricane Katrina Act" (S 1836). This title directs the EPA to set up a program to provide grants for abatement and inspection of residences, commercial buildings and schools in areas affected by Hurricane Katrina. We have been told that habitability inspections currently being conducted do not ascertain the environmental fitness of a structure.

Together, these two titles would establish a system of inspecting homes for toxicity and mold. Coming along with the package would also be a public information campaign to thoroughly notify and educate the public of the hazards they face in returning to their homes.