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The Biden Environmental Protection Agency today prohibited all uses of the toxic solvent trichloroethylene, or TCE. The rule is a crucial victory in efforts to tackle health harms, like cancer, that TCE exposure can cause.
The agency also banned all consumer uses of the chemical perchloroethylene, or perc, which is used for dry cleaning and automotive care products. Perc has been linked to health harms, including damage to the kidneys, liver and the immune system.
“U.S. communities large and small have tap water with potentially harmful levels of TCE, and they may not be aware of this risk,” said Tasha Stoiber, Ph.D., senior scientist with the Environmental Working Group.
TCE is a volatile organic compound primarily used in commercial and industrial processes, including as a solvent for industrial cleaning and degreasing. More than 80 percent of TCE is used to manufacture refrigerants. The widespread industrial use of TCE has resulted in significant environmental releases, contaminating drinking water supplies.
“People can be exposed to this toxic solvent at home not just by drinking TCE-contaminated water but also by inhaling it when bathing and washing dishes. The EPA’s final rule will help to finally end most uses of this dangerous chemical,” added Stoiber.
In addition to being linked to cancer, TCE can cause developmental and reproductive harms. These risks are particularly high for workers in settings where the chemical is used. But people can be exposed at TCE-contaminated sites, as well as through drinking water and other water uses at home.
TCE contamination is a problem affecting community water systems serving at least 19 million people across the U.S., EWG has found.
“The Biden EPA should be applauded for taking another important step forward in protecting the health of workers and consumers from the risks of TCE,” said Scott Faber, EWG’s senior vice president for government affairs.
In 2023, the agency released its proposed version of the ban and invited public feedback on it. In July the EPA then sent the final version of the rule to the White House Office of Management and Budget for mandatory pre-publication review. Completing this review cleared the way for the final rule.
TCE’s toxic history
TCE has a notorious reputation and an infamous history. Many people learned about the risks of exposure to this chemical following the release of the 1995 blockbuster book and film “A Civil Action,” starring John Travolta. Together they tell the true story of a legal fight over companies contaminating an aquifer with TCE, harming the health of people living nearby.
The chemical is found in air, groundwater and soil near industrial facilities, hazardous waste sites and other locations where it was once used. People are exposed to TCE by breathing in its vapors or skin contact with it or with contaminated soil or water.
Americans concerned about the possibility of the chemical in their own drinking water can review EWG’s interactive map of TCE contamination, which is based on data from state drinking water agencies’ water system tests between 2017 and 2019. Or they can simply enter their ZIP code in EWG’s Tap Water Database.
People with TCE-contaminated drinking water can use a carbon-based filter to eliminate it, but costs vary, and some homes may need an expensive whole-house filter. Households relying on private well water should consider testing the water for contaminants to see whether it must be treated.
“Filtering water can often be a way for concerned families to reduce or remove TCE in their drinking water,” said Stoiber. “But people should not have to take on the costs of addressing years of pollution caused by industry.”
Pregnant people, infants and young children are among those most at risk from the dangers of TCE, especially decreased immune function. But the chemical has harmed people throughout the U.S., including servicemembers and their families who drank contaminated water at the military bases where they lived and worked. Former Marines have seen family members battle cancer – in some cases fatal – due to TCE exposure.
Camp Lejeune crisis
One of the worst TCE contamination cases on record in the U.S. is at North Carolina’s Marine Corps Base Camp Lejeune. The solvent, and other chemicals, contaminated the base’s drinking water for decades, increasing cancer risks for civilian and military personnel. The pollution wrecked lives with health harms and even deaths.
Retired Marine Corps Master Sgt. Jerry Ensminger, who was stationed for many years at the base, lost his daughter Janey, in 1985, at the age of nine from leukemia after she was exposed to toxic chemicals while living there.
Ensminger since then has been an outspoken critic of the federal government’s slow response to contamination of drinking water sources with industrial chemicals, including TCE and the “forever chemicals” known as PFAS.
His campaigning resulted in Congress passing the Janey Ensminger Act, which former President Barack Obama signed in 2012. The law offers affected veterans and family members extended health care and medical services for disorders that may have been caused by exposure to toxic chemicals in Camp Lejeune drinking water.
Mike Partain, a son and grandson of Marine officers, was born at Camp Lejeune. He was diagnosed with breast cancer in 2007 at the age of 39. Along with Ensminger, he has for years strongly criticized the federal government’s response to the TCE crisis at the base. He has also condemned its inadequate support for servicemembers and their families harmed by exposure to the chemical and other substances throughout the U.S.
In a statement, Ensminger said, “Mike and I welcome this ban on TCE by the EPA. This is proof that our fight for justice at Camp Lejeune was not in vain.”
The Environmental Working Group is a community 30 million strong, working to protect our environmental health by changing industry standards.
(202) 667-6982"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."