A recent report by the Office of Inspector General (OIG) of the Environmental Protection Agency (EPA) finds that due to inadequate institutional controls at the American Creosote Works Superfund site in Pensacola, FL, “the public remains at risk of exposure to residual contamination in the groundwater and soil” points to the unending dangers of sites contaminated with persistent toxic chemicals.  

>> Tell EPA to cancel the registration of highly toxic wood preservatives, including creosote, chromated arsenicals, and copper compounds, and the U.S. Congress to ensure the prevention of future site contaminations.

Engineering solutions, such as removing soil, sludge, and sediment and installing a temporary cap over the contaminated materials, have reduced the risk of contamination by dioxins, creosote, and carcinogenic polycyclic aromatic hydrocarbons. However, protecting human health and the environment requires ongoing institutional controls—administrative and legal measures, such as zoning, public advisories about contamination at a site, and restrictions on permitted uses of private property. OIG finds, “The institutional controls that the EPA has established at the American Creosote Works Inc. (Pensacola Plant) Superfund site in Pensacola, Florida, related to contaminated groundwater and soil are not sufficient to prevent potential exposure to contamination.” 

Superfund, or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted in response to growing public awareness of the dangers of hazardous waste sites, such as Love Canal. CERCLA created the Hazardous Substance Response Trust Fund (or “Superfund”) to collect taxes, cost recoveries, and fines and penalties to be used to finance emergency responses and cleanups. Ultimately, the costs should be reimbursed by responsible parties, if they can be located. Cleanup is expensive, but necessary. However, cleanup needs to be coupled with actions to prevent future contaminated sites. 

It is no surprise that many Superfund sites are past or current sites of wood preservation. Since wood is a potential food source for organisms ranging from bacteria and fungi to insects and birds, and treated wood is expected to survive for years or decades when exposed to the elements, the ideal wood preservative chemical is broadly toxic and persistent. EPA must make connections between decisions that promote environmental contamination and programs that must clean up the toxic mess. For example, in 2021, EPA Administrator Michael Regan visited Houston, Texas to tour a petroleum facility owned by Union Pacific Railroad Company as thousands of surrounding community members sued the corporation for adverse health effects allegedly caused by creosote contamination. Yet, Administrator Regan failed to see the connection between the lived experiences of frontline communities impacted by creosote wood preservatives since the EPA moved forward with its decision to reauthorize creosote use for another 15 years. 

Furthermore, alternatives exist—such as concrete or steel utility poles. If EPA is to prevent future sites contaminated with toxic wood preservatives, it must cease the use of these highly toxic persistent chemicals. 

>> Tell EPA to cancel the registration of highly toxic wood preservatives, including creosote, chromated arsenicals, and copper compounds, and the U.S. Congress to ensure the prevention of future site contaminations.

The targets for this Action are the U.S. Environmental Protection Agency and the U.S. Congress.

Thank you for your active participation and engagement!