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Preview of Guilty Knowledge – the Superfund process and the EPA

Excerpts from Guilty Knowledge: The EPA and the Superfund

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After three months of looking at pollution studies, government reports and talking with officials — the struggle over what to do next centers around four main players the EPA, health officials, academics and city officials. In as simple terms as possible, the EPA does a preliminary assessment and recommends to a community that a Superfund clean up process is needed but the EPA needs the community officials and the state to sign off on the superfund process.  This is the stage where the main players find themselves at odds. 

Excerpt on the Superfund Process and the EPA’s position:

Currently, the city of Pueblo and the EPA are at a stalemate between the first and second stage of the Superfund process.

The Superfund process, which Pueblo has been involved in since the first preliminary assessment conducted in 1991 by EPA and CDPHE, is a fivefold path to a federal cleanup of a contaminated site posing health risks to citizens.

The first step in the Superfund Process is the Preliminary Assessment and Site Inspection (PA/SI) of a potentially contaminated area and a thorough inspection of the potentially contaminated site.  Based on data from the PA/SI, a Hazard Ranking System (HRS) score is given to a site based on human health and environmental risks.  If that score is above 28.5, then the area qualifies as a Superfund caliber site.

The EPA’s Position:

The EPA has expressed it wants to work with city council to find a way to make progress toward cleaning up dangerous concentrations of lead and arsenic in the soil around the Colorado Smelter site.

Sabrina Forrest, EPA National Priority List Coordinator in charge of the Colorado Smelter site, explained, “At this point we really don’t know what the overall threat of contamination is.” But what is known by the EPA is of the homes and the remaining slag area sampled there are dangerously high concentrations of arsenic and lead, above health-based screening levels, as well as alarmingly above normal levels for Pueblo soil.

The EPA would not comment on how long a cleanup of our relative scale might take.  Nor would they comment on what a cleanup might entail, what it might be projected to cost, or whether Pueblo would be responsible for any of the cleanup costs.  

Read other excerpts:

Excerpt on history of the Colorado Smelter and site studies.

Excerpt on issue of lead and arsenic contamination.

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Why are teachers in the Steel City prepared to strike: ‘Teachers are walking into classrooms that are not funded’

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Teachers in Pueblo are prepared to join a national movement of educator activism and walk out of their classrooms later this year if their demand for a 2 percent raise isn’t met.

Members of the Pueblo Education Association, the southern Colorado town’s teachers union, voted last week to authorize a strike after the local school board rejected a third party recommendation that the district provide the cost-of-living pay increase the teachers were seeking during this year’s contract negotiations.

As part of its rationale for rejecting teacher raises, the board cited other budget priorities, a desire to protect funding reserves, and raises given to most teachers in the past two years. The average teacher salary this year in Pueblo is $47,617, according to state data.

The board’s vote came after the district recently decided to go to a four-day week, in part as a cost-saving measure.

The extraordinary vote — the last teacher strike in Colorado occurred in 1994 — took place as teachers across the country have left their classrooms over demands for better salaries and more school funding. So far, teachers in West Virginia and Oklahoma have staged weeklong strikes. Arizona teachers are also preparing to leave their lesson plans behind.

“I think both movements, both nationally and locally, show that teachers have had enough,” Suzanne Etheridge, the Pueblo teachers union president said. “Teachers are walking into classrooms that are not funded.”

For the moment, Pueblo teachers are still in their classrooms. A strike can’t take place until after the state decides in early May whether it will step in to broker a deal.

Etheridge, in an interview with Chalkbeat, discussed the circumstances that led teachers in the 16,000-student school district to take such “drastic” action, how the national climate is fueling their effort, and how the looming strike could be resolved.

This interview has been edited for length and clarity. (Click here to read the district’s statement on the union’s vote to strike.)

Negotiations between the union and the district have been tense before. What’s different this time? Why did you go all the way to taking a vote for a strike?
I think what’s different this time is the true lack of openness during this round of bargaining. Although the district has accused us of never coming off our demand for 2.8 percent, which was our initial request, they also stuck to zero the whole entire time. There were also some issues, some discussions we should have had but never happened. We were invited to one budget summit that consisted of a sit-and-listen to somebody lecture the school board. So, it was just the real lack of openness and transparency through this process.

What finally tipped the balance was when the school board took its vote. Some of the comments made really angered our teachers. It felt like we were being publicly lectured asking for a cost-of-living increase. One of our board members went on about the value of younger teachers versus more experienced teachers, when we’re all valuable. There should be none of those lines drawn. We felt like some of the comments were very caustic in nature. I watched teachers’ faces at that board meeting. I watched the disappointment. I watched the hurt. I watched the anger. Our members after that were very, very upset.

You said in another interview that this wasn’t just about money, but about respect. How have Pueblo teachers been disrespected?
Educator voices are not part of the decision-making in our schools right now. At one of our schools, which is in turnaround status, they just had their lesson plan format changed for the sixth time this year. It’s the middle of April! We have very little input at the district level. We have made three open records request for the district’s staffing model for next year. And still, we’re just told no, that it’s still fluid. When they ask questions, they’re very often met with not only resistance, but are sometimes punished. It’s those sorts of things that have just added up for teachers.

There’s a five-member board. Two of the members were endorsed by the union. How did your relationship with the board break down?
The board members who voted against the fact finder report aren’t hearing teachers. What we’re trying to tell them is that a budget is about choices. And we don’t agree with some of the choices they’re making right now. One of the choices was that the instructional budget was cut, but business services had their budget increased, so did human resources. That’s a choice. The district is spending a lot of money on a law firm out of Boulder. That’s a choice. Administrators received a cost-of-living increase this year, teachers are not. More importantly our paraprofessionals have not. It’s those kind of choices we’re looking at in our budget analysis and saying, “Wait a minute.” We’ve also found money where we believe the district is over-budgeting and has some money available.

The school board president, Barb Clementi, a former teacher whom you did endorse, wrote an editorial recently about her vote against giving teachers a raise: “There is no question that our employees deserve more, and yet we are in a grim financial situation. Since three educators were elected to the board, teachers, paraprofessionals and other educators have seen two raises and three step increases in pay. We are struggling to continue to fund those increases in the coming budget and will undoubtedly see cuts to staff and programs in order to do so. It is fiscally irresponsible to dig an even deeper financial hole by raiding our reserves, which are meant to cover one-time emergency expenses, or by further cutting staff and programs.” I know you’re suggesting that the district doesn’t need to use reserves to pay for these raises, but more broadly, why is she wrong? Is it just possible that it’s just not the teachers’ turn for a raise? Was a guarantee of a raise next year never part of the conversation?

No, it was not. At least not until now, after all this has got rolling. We still have next year’s contract hanging out there. It’s been mentioned in some informal conversations, “Well, there’s next year.” The problem is, those raises, the past two years only came after this same process — long, drawn-out negotiations. Steps (or years of tenure) are not a raise for all of our employees. There are some places people are frozen. What the district also fails to recognize, is that in all of its years, it’s never once been on the state’s watchlist for fiscal risk. They’ve always been very healthy financially. They’ve maintained stable ground. We’ve tracked reserves through the years, and this is the first year you can see a little bit of a decrease. But that’s because the district made a choice to move some money to address facility issues, which we also understand. The other thing they neglect to mention is that the district continues to get more money from the state despite declining enrollment. They are getting additional money, and they’re set to get more money. School finance is looking a little better in Colorado for next year.

Should teachers expect to get raises every year?
I think there are ways that we need to start looking at our traditional salary scales. That should be something on the table at a future point. Do I think some of the structures of our salary schedules are a little outdated? Yes. I think there are ways we can change that to make the money a little bit better. What people also need to understand is that schools are funded by the state based on cost of living. So, I think it’s reasonable for there to be something. Does it need to be a 10 percent raise? Not necessarily, because we are dependant on state funding.

Teachers, in a lot of cases, have the same level of education as attorneys, physicians assistants, nurses. And those people can expect raises. They have a high level of education and so do our teachers. Teachers have been deprofessionalized by the lack of funding, by the lack of raises. Do I think teachers deserve to come into a profession and take care of their own families, to pay off their own students loans? Absolutely.

We’re at a moment of national unrest and action by teachers. Do you think your members are feeling embolden by that? Would your members have voted to strike if it there wasn’t this national conversation?
I think we’d still be heading here, even without the momentum. But do I think the national momentum has helped? Absolutely. I think both movements, both nationally and locally, show that teachers have had enough. Teachers are walking into classrooms that are not funded. We have teachers who (can only make) 100 copies a month from the building copier. And yet, they see 125 to 150 students a day. That’s the kind of thing teachers are tired of. My daughter-in-law, she’s a teacher, the decorations in her classroom are bought with her own money. Teachers for the last five to seven years have been put in the situation of having to buy basic supplies such as paper and pencils because schools have been so underfunded. It’s all part of the same issue. It’s about respect. No other professional would be asked to buy their supplies like teachers do.

Pueblo is the only urban school district in the state to not have voter approval for additional local funding for its schools. What do voters in Pueblo and Colorado need to know about how the financial situation is contributing to this moment?
Colorado has fallen further and further behind in school funding. Current estimates suggest we’re either 46th or 48th in funding schools. Which is really tragic considering our economy — at least in the northern part of the state — has been healthier than it’s ever been.

The other piece of this, for districts like ours that have not passed a tax increase: We’ve hurt ourselves. School districts have had to pass local tax increases to keep the cash flow coming in to do things like keep up facilities, supplies, and technology.

We desperately need one. We need a long-term, well-thought-out plan for a mill levy override and perhaps a bond issue to be able to get our schools up to date. There was supposed to be a committee to get this started. And we were supposed to be part of that committee. But it hasn’t happened.

Getting back to the potential strike, teachers at a local middle school recently staged a “sickout.” One parent responded: “If the teachers want to strike, fine: strike like the steelworkers strike where they don’t get paid a damn dime. But for them to use sick time and screw over all these kids, who’re aren’t in school today because of that? That’s wrong. And they expect the community to take them seriously?” What do you say to that parent? Are you at all concerned that this could backfire, are you worried that the district could just drop the collective bargaining all together?
That’s always a concern. That’s something we hope doesn’t happen. The association did not plan what happened at Corwin International Magnet School. I didn’t even know about it. I read it on Facebook and in the news like everyone else.

What I would say to that parent is that we’re not walking out to harm our students. In reality, we’re planning a strike to help our students. One of the things that this district struggles with is high teacher turnover. It’s one of the highest rates in the state. We have positions filled this year by teachers who have come out of retirement for limited contracts. We have teachers in classrooms on alternative licenses. Finding a special education teacher in the city of Pueblo is like finding a needle in a haystack. We believe that if we can get back to work openly, honestly, and collaboratively with the school district, where we can compete salary-wise with districts surrounding us, then we can keep highly qualified teachers in our classroom. That’s what we’re after. Our goal is not to harm students. But we feel like to benefit our students, we have to take drastic opinions right now.

What is the long-term solution, so a strike can be avoided and you’re not here next year?
We have made a conscious decision: We feel a 2 percent raise is fair. It’s off of our initial proposal by almost a full percent. We’d like to be able to come back to the table with some sort of real labor-management partnership collaboration agreement so we’re not here again. It’s going to take some real work. It might even take some outside help to repair our relationship. However, when we do come to the table again, I’d like to see come forward a real partnership agreement. Not one that is just written on paper.

What’s the nationwide or state solution to this moment of educator unrest?
Funding formulas across states need to be changed. States need to take a long hard look at how they fund schools. I believe Colorado’s is archaic. Will money solve everything? No. But it’s a big piece of it. We also have to get teachers to the table when education decisions have been made.

Chalkbeat is a nonprofit news site covering educational change in public schools.


Originally posted on Chalkbeat by Nic Garcia on April 23, 2018

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More than just pie, the Pecan industry sets sights on snacks

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The humble pecan is being rebranded as more than just pie.

Pecan growers and suppliers are hoping to sell U.S. consumers on the virtues of North America’s only native nut as a hedge against a potential trade war with China, the pecan’s largest export market.

The pecan industry is also trying to crack the fast-growing snack-food industry.

The retail value for packaged nuts, seeds and trail mix in the U.S. alone was $5.7 billion in 2012, and is forecast to rise to $7.5 billion by 2022, according to market researcher Euromonitor.

The Fort Worth, Texas-based American Pecan Council, formed in the wake of a new federal marketing order that allows the industry to band together and assess fees for research and promotion, is a half-century in the making, said Jim Anthony, 80, the owner of a 14,000-acre pecan farm near Granbury, Texas.

Anthony said that regional rivalries and turf wars across the 15-state pecan belt — stretching from the Carolinas to California — made such a union impossible until recently, when demand for pecans exploded in Asian markets.

Until 2007, most U.S. pecans were consumed domestically, according to Daniel Zedan, president of Nature’s Finest Foods, a marketing group. By 2009, China was buying about a third of the U.S. crop.

The pecan is the only tree nut indigenous to North America, growers say. Sixteenth-century Spanish explore Cabeza de Vaca wrote about tasting the nut during his encounters with Native American tribes in South Texas. The name is French explorers’ phonetic spelling of the native word “pakan,” meaning hard-shelled nut.

Facing growing competition from pecan producers in South Africa, Mexico and Australia, U.S. producers are also riding the wave of the Trump Administration’s policies to promote American-made goods.

Most American kids grow up with peanut butter but peanuts probably originated in South America. Almonds are native to Asia and pistachios to the Middle East. The pecan council is funding academic research to show that their nuts are just as nutritious.

The council on Wednesday will debut a new logo: “American Pecans: The Original Supernut.”

Rodney Myers, who manages operations at Anthony’s pecan farm, credits the pecan’s growing cachet in China and elsewhere in Asia with its association to rustic Americana — “the oilfield, cowboys, the Wild West — they associate all these things with the North American nut,” he said.

China earlier this month released a list of American products that could face tariffs in retaliation for proposed U.S. tariffs on $50 billion worth of Chinese goods. Fresh and dried nuts — including the pecan — could be slapped with a 15-percent tariff, according to the list. To counter that risk, the pecan council is using some of the $8 million in production-based assessments it’s collected since the marketing order was passed to promote the versatility of the tree nut beyond pecan pie at Thanksgiving.

While Chinese demand pushed up prices it also drove away American consumers. By January 2013, prices had dropped 50 percent from their peak in 2011, according to Zedan.

U.S. growers and processers were finally able in 2016 to pass a marketing order to better control pecan production and prices.

Authorized by the Agricultural Marketing Agreement Act of 1937, federal marketing orders help producers and handlers standardize packaging, impose quality control and fund research, according to the U.S. Department of Agriculture, which oversees 28 other fruit, vegetable and specialty marketing orders, in addition to the pecan order.

Critics charge that the orders interfere with the price signals of a free, unfettered private market.

“What you’ve created instead is a government-sanctioned cartel,” said Daren Bakst, an agricultural policy researcher at the conservative Heritage Foundation.

Before the almond industry passed its own federal marketing order in 1950, fewer almonds than pecans were sold, according to pecan council chair Mike Adams, who cultivates 600 acres of pecan trees near Caldwell, Texas. Now, while almonds appear in everything from cereal to milk substitutes, Adams calls the pecan “the forgotten nut.”

“We’re so excited to have an identity, to break out of the pie shell,” said Molly Willis, a member of the council who owns an 80-acre pecan farm in Albany, Georgia, a supplement to her husband’s family’s peanut-processing business.

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Navajo Nation marks 150th anniversary of return to homeland

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A long-lost original copy of a historic treaty signed in 1868 by leaders of one of the nation’s largest American Indian tribes and the U.S. government will go on display later this year as the Navajo Nation commemorates a dark, but significant chapter of history.

Navajo Vice President Jonathan Nez and other tribal officials gathered Tuesday in Albuquerque to detail some of the events that will mark the signing of the treaty 150 years ago.

That treaty is what cleared the way for tribal members to return to their homeland in the heart of the American Southwest after being rounded up years earlier by the U.S. cavalry and forced to make an arduous and deadly trek hundreds of miles to a camp in eastern New Mexico.

Nez recounted the hardships of what came to be known as the Long Walk, saying many Navajos died along the route to Bosque Redondo. He also talked about those who stayed behind and hid in canyons and on mesa tops, often foregoing the warmth of a fire to avoid capture.

“We want our younger generation to know about our history,” Nez told a room packed with tribal officials and reporters.

He also talked about problems facing tribal communities, from suicide to alcoholism, drug addiction and violence. He said he wants to tap into the resilience of those Navajo ancestors who endured the hardships of the 1800s.

“What this will do is inspire, encourage our people out there that they can’t give up, to jump back up, dust themselves off and to fight even harder than ever before for what they believe in,” Nez said.

Navajo President Russell Begaye has said this year’s commemoration is also about telling the story of the Long Walk, the signing of the treaty and the return home from the perspective of Native Americans. He and other tribal officials say one goal is to address what they called a “legacy of misrepresentation” that has stemmed from that era.

Before research and planning began for this year’s events, there were only two known copies of the historic treaty. The whereabouts of one is now a mystery and the other has been kept by the National Archives and Records Administration.

The third copy turned up only recently when the relatives of a peace commissioner who was involved in the negotiation and signing of the treaty in 1868 found the document in a trunk in the family attic.

It was rolled up and bound with the original but faded ribbon. It was in pristine condition along with notes and other documents that historians hope might fill in some of the blanks from that time.

Pages of that copy will be on display starting in June at the Bosque Redondo Memorial near Fort Sumner, New Mexico.

The National Archives is partnering with the Navajo Nation to display the other original copy at the Navajo Nation Museum in Window Rock, Arizona, for the month of June.

It took more than two years of planning to make the exhibition possible as this marks only the second time an original treaty has gone back to a homeland.

Museum director Manny Wheeler said the treaty is more than just a document to the Navajo people.

“When I saw the document and I saw the marks of all of our leaders on that paper, it is a powerful thing and it is very much so opening up dialogue among all Navajos about who we are, where we’ve come from and where we’re going,” Wheeler said.

Wheeler suggested that as much as the document was key to the Navajos’ past, it also has the power to change the future by awaking tribal members to the importance of preserving their culture and language.

The leaders of the Navajo Nation’s three branches of government signed a proclamation earlier this year declaring 2018 as the year of the treaty, and the tribe launched a website .

The commemoration also includes a day of prayer across the Navajo Nation, cultural nights, tours of the tribal council chambers and a run that will span more than 400 miles (644 kilometers) from Fort Sumner to the Navajo capital.

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