Citizens group to sue manufacturers for hazmat releases

Citizens for Pennsylvania’s Future (PennFuture) notified Superior Tube Company Inc. and Accellent Inc., both of Collegeville, Pa., that it intends to sue them for violations of the Hazardous Sites Cleanup Act (HSCA). This notice comes after the plants allegedly repeatedly failed to prevent the release of highly toxic and cancer-causing trichloroethylene (TCE), with a major pollution violation occurring last week.

"A lawsuit like this is a last resort," said Charles McPhedran, senior attorney with PennFuture and former attorney for the United States Environmental Protection Agency (EPA). “The recent TCE spill was the last straw. State law allows us to sue polluters for releases of hazardous substances, and we intend to do so." 

According to the EPA, TCE exposure is associated with several types of cancer in humans. Breathing TCE can also cause non-cancer health effects ranging from headaches to liver damage. The Pennsylvania Department of Environmental Protection (DEP) found that TCE levels in the air in the Collegeville area are significantly higher than elsewhere in the state and put Collegeville and other Montgomery County residents at a higher risk of cancer. DEP has identified the sources of the TCE as Superior Tube and Accellent.

Despite the documented health risks and the grave concerns of the residents and local leaders, the EPA, which previously had considered tough air pollution controls, reversed itself and ruled on May 3, 2007 that the plants should be permitted to release the toxic solvent without any controls, on the grounds that such controls would not be cost-effective for the plant owners. As concerns have grown, the state agency, DEP, engaged in negotiations with the plants’ owners for a voluntary agreement to cut this toxic air pollution.

"We are forced to prepare this suit because EPA and DEP have not ordered emission reductions that will protect the public health," said McPhedran. "DEP needs to stop waiting for the federal government to take action or relying on voluntarily agreements — which aren't worth the paper they're not written on — and should order emission reductions now."

After PennFuture sends its letter of intent to sue, the company is given 60 days to develop a plan to correct the violations before a lawsuit can be filed. A copy of the letter of intent to sue, with details of the air pollution violations, is available on PennFuture’s website.

Earlier this month, PennFuture joined with Sierra Club and Earthjustice in a federal lawsuit against the EPA for its failure to properly regulate TCE. That lawsuit continues.

PennFuture is a statewide public interest membership organization that advances policies to protect and improve the state’s environment and economy. PennFuture’s activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education and assisting citizens in public advocacy.