Talking Points from the Office of Rep. Cynthia McKinney 

LANDFILLS: One New Orleans landfill is submerged, "increasing the risk that chemicals buried long ago could escape." 31 hazardous waste sites along the coast were struck. [Houston Chronicle, 9/15/2005]

CHEMICALS: 466 facilities handling large quantities of dangerous chemicals were struck. [Houston Chronicle, 9/15/2005]

Hexavalent chromium, a chemical used in metal plating, detected in floodwaters. Arsenic, used in treating wood, found in floodwaters. Chloroacetic acid found leaking from 55 gal drum; 5,000 orphaned containers rescued as of 9/15.

GULF OF MEXICO: National Oceanic and Atmospheric Administration assessing toxins poured into Gulf of Mexico; "we don't know what we're looking for"; chemical spills, sewer overflows and other toxins reported [CNN, 9/16/2005]

SEWAGE: & BACTERIA: Bacteria levels lower than expected in Lake Pontchartrain, "There is no toxic soup" according to Carlton Dufrechou, Director Of the Lake Pontchartrain Basin Foundation. Most of the damage seemed to come from the hurricane pushing debris and fecal bacteria into the lake [wwltv.com 9/20/2005]

OIL SPILLS: Coast Guard reported more than 7m gals of oil from plants and depots in Southeast Louisiana were spilled; = about 2/3 the Exxon Valdez spill, but more scattered; could threaten coastal marshes [CNN, 9/16/2005]; up to 4.3m gals contained "behind booms and other barriers," by US Army Corps of Engineers, under direction of the EPA. Aerators to put oxygen in water and help fish breathe [Houston Chronicle, 9/15/2005] Largest spill of 819,000 gals at Murphy Oil Corp. refinery in Chalmette, LA, spilling into the refinery 'and surrounding St. Bernard Parish' [Houston Chronicle, 9/15/2005]

FEMA FUNDING: FEMA gave the EPA $100m to conduct the assessment [Houston Chronicle, 9/15/2005] "Everyone is looking to the EPA for what are the results."

RETURN POLICY: '.despite concerns raised by state and federal officials' Mayor Ray Nagin has aggressively pushed to reopen the city.

EPA chief Stephen Johnson said there were still concerns about 'bacteria-laden floodwaters, a lack of drinkable water and a sewage system that still does not work . He said the EPA was not taking a position on Nagin's plan.' [Amy Forliti, AP, 9/30/2005]

TESTING: 9/17/2005: 'Environmental Health Needs and Habitability Assessment' stresses the strong desire to return ('Rehabilitation is expected to be done neighborhood by neighborhood'); outlines the 'complex array of environmental health problems that exist' (it even says: 'Resolving potential toxic chemical exposures is important') and provides the following table of issues, going from basic (level 1) to the most complex (level 4): "EPA does not appear to be testing for chemicals related to the petrochemical and oil industries." Also, George Sorvalis, OMB Watch [Greenwatch Today, 9/20/2005] "Not only has the EPA failed to distinguish exactly which petrochemical industry byproducts lurk in the floodwaters, said Sorvalis, but the limited amount of information EPA has is poorly organized and difficult to access."

MONITORING & REGULAR REPORTS: The EPA web page titled 'Hurricane Response: Katrina/Rita" gives daily updates on the EPA's progress. As of 9/29/2005 most of the assessment is ongoing with results not posted. Some areas of concern outlined are: Superfund sites on the National Priorities List (NPL); 15 in La., 6 in Ala., 3 in Miss. Assessments are ongoing.

"EPA does not appear to be testing for chemicals related to the petrochemical and oil industries." -George Sorvalis, OMB Watch [Greenwatch Today, 9/20/2005] "Not only has the EPA failed to distinguish exactly which petrochemical industry byproducts lurk in the floodwaters, said Sorvalis, but the limited amount of information EPA has is poorly organized and difficult to access."

MONITORING & REGULAR REPORTS:

The EPA web page titled 'Hurricane Response: Katrina/Rita" gives daily updates on the EPA's progress. As of 9/29/2005 most of the assessment is ongoing with results not posted. Some areas of concern outlined are: Superfund sites on the National Priorities List (NPL); 15 in La., 6 in Ala., 3 in Miss. Assessments are ongoing.

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 by providing for a Comprehensive Sampling and Toxicity Assessment Plan (CESTAP) to assess and monitor air, water, soil and human populations, and for other purposes.

Title I: the "Gulf Coast Hurricane Emergency Environmental Protection Act of 2005"

(Includes language borrowed from Title VI of S. 1836 introduced by Sen. Jim Jeffords)

·  Tasks the Administrator of the Environmental Protection Agency (EPA) to establish a Comprehensive Sampling and Toxicity

Assessment Plan (CESTAP) to:

Ø       Determine the presence, volume and distribution vectors of environmental contaminants, hazardous materials or infectious materials;

Ø       Aggregate the data to determine "hot spots," and threats to public health and health trends, establishing zones of safety;

Ø       Assess the health risks to populations, especially sensitive subpopulations, including long-term public health monitoring;

Ø       Make the results available to:

- state and local officials, including health and safety officials;

- the public, using an aggressive public information campaign;

Ø       Provide for clean-up, removal or elimination of dangerous materials;

Ø       Coordinate the CESTAP with existing efforts by responders and emergency response agencies.

Ø       Provide training for responders and clean-up workers to ensure that they are aware of the risks and provided with safety equipment.

Ø       Calls for environmental inspection and certification before resale of real estate.

Ø       Calls for monthly and annual reports from the EPA

Ø       Calls for an Independent Advisory and Review Board (IARB) drawn from scientific experts, community leaders, and state and local officials to advise and provide independent monthly and annual review reports.

Title II: the "Habitability of Residential Homes, Schools and Commercial Buildings Affected by Hurricane Katrina Act of 2005"

(First introduced as Title XI of S. 1836 introduced by Sen. Jim Jeffords)

·  Tasks the Administrator of the Environmental Protection Agency (EPA) with establishing a program to provide grants for abatement and inspection of residences, commercial buildings and schools in areas affected by Hurricane Katrina.

·  Grants to be made to eligible entities on the basis of:

Ø       Severity of environmental contaminants, including mold;

Ø       Ability of entity to carry out the activity;

Ø       Other factors as determined by the EPA.

Ø       Grants to allow eligible entities to inspect for, control and provide for abatement of environmental contaminants and mold; and to provide for:

Ø       Inspections and sampling activities to be carried out by certified contractors;

Ø       Monitoring of workers and contractors for health concerns

Ø       Informing workers and contractors of health risks.

Ø       Public to be informed of the nature and causes of mold and measures to re-mediate it.

Ø       EPA Administrator to set threshold limitation values for airborne mold spores and particulates, including effects on sensitive populations.

Ø       Provides for contractor training and certification.

Ø       Makes contractor certification mandatory, with applicable penalties.