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The Green Diamond

E-News Letter - Volume 4, Issue #6, 02/13/04

EPA/DNREC Create International Environmental Crisis

EPA/DNREC ship toxic cancer causing chlorobenzene waste from Metachem to Mexico creating an international crisis and causing demonstrations in Mexico

The sign says: “Toxic chlorobenzene wastes cause cancer, damages liver, kidneys and nervous system…we don’t want them…”; and neither does anyone else.

SUMMARY

In a bold secretive move EPA/DNREC shipped toxic waste from Metachem plant to rogue manufacturer, Chlorobencenos S.A., in Mexico to continue the dangerous manufacture and subsequent use in herbicides used for food production continuing the contamination of the food supply with the human cancer causing dioxin. This is an unprecedented move since Metachem, the only producer was shut down after years of protection by EPA/DNREC not enforcing environmental laws. Now the EPA/DNREC are moving “free” raw material and cleaning equipment at US taxpayer’s expense, $13 million, increasing daily to establish a new base of operation just across the border in Mexico complete with Metachem executives for operation as consultants. A new era of exploitation now begins with Mexican population.

DETAILS

Shipment of Metachem chemicals (toxic waste) to Mexico by USEPA and Delaware Natural Resources and Environmental Control (DNREC) reveals the involvement and participation of these regulatory agencies in the greatest international environmental scandal in history. Thanks to the astute and thorough reporting by Jeff Montgomery of the News Journal followed by the attentive reporting of Javier Garza of the El Heraldo de Mexico and the expiration of a federal gag order on me the story which previously could only be revealed to the regulatory agencies, which it was, now being made public. The story, as for EPA/DNREC includes coverup, lies and deceit; data manipulation, fraudulent claims and faked studies and as for the public, it is a story of pain, suffering, anger, betrayal and rage; of birth defects, infant mortality, cancer, diabetes and many other uncertainties about health problems. The seriousness is the United States government through EPA/DNREC has precipitated the crisis, not Metachem, the bankrupt company.

The On Site Coordinator (OSC) is not only lying to the press, he is lying to both Mexico and US officials while the politicians are solaced by these lies, activists have every right to be upset.

Three tankcars of chemical waste were shipped to Mexico illegally (in violation of the Basel Treaty) and a remaining 17 additional cars are planned for shipment. Each of the three tankcars shipped contained very different material which requires considerable risky recycling or destruction. The material has no commercial value as it was shipped to Mexico free of charge, freight prepaid, truly a waste. The material was falsely identified as an intermediate or finished product. By no stretch of the imagination can the material be either. This material was produced by a process noted for the formation of deadly dioxins. EPA/DNREC analysis are not creditable because the instrumentation used does not have the resolution to make accurate determination and insufficient samples were taken of the deadly toxins at the required levels. Furthermore, the one tankcar of para-dichlorobenzene is not merely off spec, it is contaminated with ethylene glycol resulting from sloppy operation of the equipment. The tankcar of ortho-dichlorobenzene it is made by the same process which produces the dioxin and it is contaminated with “Therminol 66”, a Monsanto trade name for hydrogenated biphenyl . Previous complaints were filed on shipments of ortho-dichlorobenzene from this location which wasn’t tested for dioxins shipped by Griffin (50% owned by DuPont) to Brazil to be used in Propanil, a rice herbicide. Brazil is the major supplier of rice to the United States and analysis was needed to insure consumer protection from the presence of these deadly toxins in rice.

The third tankcar, and the remainder (17 cars) contain “mother liquor” a mixture of chlorobenzenes which must be recycled extensively and reacted at the risk of further production of dioxins and PCBs. The implication that Chlorobencenos S.A. is the largest deodorant blocker in Mexico is merely a divisionary tactic because none of this material could be used safely in para-dichlorobenzene deodorant blocks. In fact, very little of the material could be used for manufacture of deodorant blocks. A more lucrative market and that which the material is likely to be used is further chlorination of this mess to produce “dirty 1,2,4 trichlorobenzene (TCB) highly dioxin contaminated” previously supplied by Metachem to B.A.S.F., the current producer of Banvel the most widely used grain herbicide. Since the closing of Metachem, the international price for the ’dirty TCB’ has increased some six fold because of the lack of availability.

The danger in the dioxin contaminated 1,2,4 trichlorobenzene used as a solvent in the “Banvel” herbicide is systemic migration of the toxin within the plant producing contaminated grain, thereby contaminating the entire food supply through direct grain usage and grain used in animal feeds. The EPA/DNREC became involved in the scandal starting with Metachem and has continued at the expense of the US taxpayer’s health and money, now extended to Mexico for even greater problems.

The scandal evolved when Metachem purchased the production facility from Standard Chlorine including a large stockpile of waste tetrachlorobenzene (TTCB) (including dioxins and PCBs) which previously had been the feedstock for “Agent Orange”. The phase out of Agent Orange resulting from cancer, diabetes and metabolic health problems in Vietnam, eliminated all demand for TTCB.

Standard Chlorine was the only US producer of 1,2,4 TCB, a widely used solvent by Sandoz for the production of Banvel herbicide. However, the process used by Standard Chlorine produced ? lb. of TTCB to each lb. of TCB produced. Since there was a great demand for 1,2,4 TCB and no demand for the co-product TTCB, Sandoz paid Standard Chlorine to dispose of the waste TTCB. However, Standard took the payment and never disposed of the waste TTCB allowing it to continue to accumulate. EPA/DNREC were aware of this arrangement.

This material was supplied by Standard Chlorine to Unison Transformer Services ( a joint company formed by Union Carbide and McGraw Edison for PCB transformer retrofit) and other electrical service contractors, i.e. General Electric. However once this material was discovered contaminated with dioxins, agreement was reached with EPA that the material would be destroyed at the end of its life cycle. The material instead was brought back by Metachem and sold to Sandoz for use in Banvel. Sandoz had created a growing demand for 1,2,4, TCB in the herbicide Banvel.

Metachem’s purchase of Standard Chlorine included the large stockpile of TTCB as well as the waste from Europe. Sandoz sold the Banvel herbicide manufacture to the German company B.A.S.F. thereby increasing the demand for 1,2,4 TCB. B.A.S.F. seeking a cheaper supply source of 1,2,4 TCB, stopped the payment for disposal that Sandoz had previously been paying. Metachem attempted to produce 1,2,4 TCB from the large stockpile of TTCB but were unsuccessful and partially led to their demise.

EPA/DNREC had through the years failed to enforce environmental laws against Metachem but became actively involved in May of 2002 when Metachem abruptly closed the plant literally overnight with vessels and containment systems loaded with in process chemical. EPA/DNREC took control when Metachem declared bankruptcy.

EPA/DNREC hired, through their contractor Tetra Tech, former Metachem personnel to continue operations necessary for safety. They not only hired operating personnel, they hired either directly or through Tetra Tech the former management executives including the CEO of Metachem. Secret negotiations conducted with the bankruptcy courts provided supplies and raw material free under the bankruptcy law forcing any payment 30 days before bankruptcy to be returned. With this “free” supply of goods and service EPA/DNREC in conjunction with now partners continued the operation with taxpayer’s money.

EPA/DNREC started a massive program to empty tankcars into storage tanks. Suddenly in mid-summer, just after the Delaware legislature went out of session for the year they began a 24/7 (24 hours daily/ 7 days a week) Chlorobenzene Removal and Separation Project (CR/SP). EPA/DNREC said this emergency action was necessary because of tank leaks allegedly due to acidic reactor mass which was pumped into the tanks to empty the process equipment. Had corrosion been the problem simple neutralization would have been satisfactory. The TTCBs were separated and the acidic mother liquor retained for further reaction on delivery to Mexico. Obviously the OSC and DNREC lied.

The mother liquor was extracted from the solids (TTCB, PCBs and dioxins) as had previously been done by both Standard Chlorine and Metachem. The solids are still waiting taxpayer financed disposal or just desertion by EPA/DNREC. The mother liquor extracted is the chemical destined for Mexico still acidic and requiring further chlorination. Chlorinated benzenes particularly the tri and tetrachlorobenzenes are known precursors to form dioxin, a known human carcinogen in tiny amounts and have displayed an alarming presence in the food supply.

Additionally Standard Chlorine imported waste material recovered from Lindane, thought to be banned from world production, known to be contaminated with dioxins designated as tech. TCB. This material was supplied to Standard Chlorine by the French company of Rhone Poulenc until Metachem acquired Standard Chlorine.

Huge quantities (shiploads) of European waste designated as technical tris (TCB) were deserted in the storage facility in Texas and allowed to be sold at any price to pay storage fees. This was cheap recovered European waste furnished by Standard Rhone(SR) a joint company 50% Standard Chlorine – 50% Rhone Poulenc, furnished to Metachem to be used in the B.A.S.F. Banvel formulation. With the bankruptcy of Metachem, this material has never been accounted for by EPA/DNREC. Perhaps it is already in Mexico.

The continued chlorination and extraction of this mother liquor will generate the same problems as experienced in Delaware except the TTCB and other waste generated can be disposed in cement kilns thereby showering the Mexican population with PCBs and dioxins. Cement kilns in the US are among the top five industries regulated for dioxins.

The 1,2,4 TCB generated will be used and mixed with the Lindane recovered waste TCB from Romania already being processed by Chlorobencenos to supply approximately 35% of B.A.S.F.’s demand. 65% of B.A.S.F.’s demand is clean TCB (no dioxins) furnished by Bayer of Germany. The herbicide will be used on grain both inside and out of the US contaminating the food supply.

This is a bold move by EPA/DNREC to cover up their activity by exploiting the US taxpayer’s financially and the Mexican people both in health deterioration and financial problems from the hazards created by exposure to these deadly toxins.

The OSC and DNREC representatives have lied to US and Mexican officials. The consultant member of the delegation to Mexico was a former executive of Metachem involved in the reuse of other waste material who had unsuccessfully lobbied the US industry through the Synthetic Organic Chemical Manufacturers Association (SOCMA) for a higher dioxin tolerance in products.

Statements by the OSC and DNREC management demonstrate a criminal disregard for public safety in the US and Mexico as well as a lack of knowledge of the industry, their statement that “the shipment of this material to Mexico is good that it reduces the amount of new chemicals produced by other factories” is ignorant and irresponsible. First chlorobenzenes are safely manufactured by responsible manufacturers with proper handling and application published in international standards, all ignored by EPA/DNREC. Metachem was the only producer of the chemicals involved. The mishandling by Metachem before bankruptcy and EPA/DNREC after takeover has been irresponsible, involving much community exposure by spills and attempted open air unsuccessful flaking of the hot TTCB-PCBs-dioxin material.

The Delaware area is over burdened with health problems i.e. cancer, diabetes, infant mortality and various metabolic problems associated with the exposure to these chemicals.

The equipment being cleaned and dismantled is currently being offered for sale. The Mexican company has evaluated and will probably purchase some or all the equipment at a bargain price, or better EPA/DNREC may give it to them as they have done with the toxic waste..

There remains hundreds of millions of dollars clean up here in Delaware as well as six thousand tons (4000-1 _ ton plastic containers) of tetraclorobenzene laced with dioxins and so highly contaminated with PCBs that the material must be qualified a PCB. Combined with the health problems the people of Mexico have every right to shutdown Chlorobencenos S.A. factory because it apparently is operating similar to that of Metachem and they are willing to accept the concerned material that no US company would touch because of the danger.

The responsible approach is to destroy this material and close world producers operating this dangerous processing. Perhaps the only positive aspects in the revealed involvement of EPA/DNREC in this international scandal is the revelation of the presence of another rogue manufacturer, Chlorobencenos, using the same processing and free raw material (toxins) from Metachem to endanger the neighboring community and to supply cancer causing chemical for use on food products. These people must be stopped.

Respectfully submitted by

James G. Bryant
PEACE

Green Delaware and Delaware Common Cause are leading the way, as usual, in working to expose this atrocity and end the practice of shipping our waste to Mexico.

 

 

 

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