We will be blogging individual articles from The League Line, our quarterly newsletter
Link to Fall 2020 League Line: https://bredl.org/theleagueline/Fall2020.pdfIndex to this and other issues: http://bredl.org/theleagueline/index.htm
~Lou Zeller Executive Director
EPA’s rule for organic chemical
facilities allows toxic air pollution at levels dangerous for public health
On October 13, 11 community, scientist, environmental, and
environmental justice groups—including BREDL—represented by Earthjustice sued
the Environmental Protection Agency (EPA) over a weak national emission rule
for hundreds of chemical facilities whose pollution is linked to cancer. The
Miscellaneous Organic Chemical Manufacturing, or MON rule, regulates toxic
emissions for about 200 chemical plants across the country. These plants emit
over 7,400 tons a year of dangerous air pollutants, including at least 2,000
pounds of ethylene oxide, an aggressive carcinogen. EPA updated the rule
earlier this year after the national air toxics assessment showed this
pollution is contributing to cancer risk hot spots in the United States.
Industrial plants covered by the MON rule handle chemicals
used in the production of solvents, plastics, and pesticides. During this
process, potent carcinogens, like ethylene oxide, 1,3-butadiene, benzene,
formaldehyde, and other toxic fumes that people breathe, are dumped into neighboring
communities. The MON rule leaves people in surrounding areas exposed to cancer
risks of 200-in-1 million, twice the level EPA admits is unacceptable under the
Clean Air Act.
“EPA’s recognizes that communities are facing a blatantly
unacceptable cancer threat from breathing toxic air every day, yet it does
little to fix this problem,” said Emma Cheuse, Earthjustice attorney.
“It’s unjust and wrong that the agency is again refusing to set standards that
fully protect children and families living next to petrochemical sources. Now,
in the middle of a respiratory pandemic, communities have to take EPA to court
to ensure that chemical plants use up-to-date pollution controls, and
common-sense fenceline monitoring for the toxic air they release into nearby
neighborhoods.”
MON facilities are located around the U.S., but especially
concentrated in Texas and Louisiana, and disproportionately affect Black,
Latino, and low-income communities. Other states with MON facilities include
West Virginia, Illinois, and South Carolina. EPA's MON rule allows periodic,
uncontrolled releases of chemical pollution, while communities need
around-the-clock protection from toxic air. This rule allows facilities to spew
fugitive emissions into communities without monitoring, and permits facilities
to do so repeatedly, even if pollution levels are too high.
“Our neighborhoods are not sacrifice zones for
petrochemical companies. EPA’s national air toxics standards must be the
strongest necessary to prevent cancers that EPA itself says the pollution from
these chemical plants can cause. Those of us in Louisiana have seen first-hand
the type of harm this type of pollution can do to communities,” said Sharon
Lavigne, founder of RISE St. James.
As communities push for monitoring and stronger rules for
chemical plants, the petrochemical industry is expanding in places like Cancer
Alley in Louisiana, which is already facing elevated cancer levels due to
industrial fumes. In fact, Formosa Plastics’ petrochemical complex in St. James
Parish is still on the table while RISE St. James and their partners are
fighting its illegal permits in Louisiana state court. The complex would
include 14 plants just one mile from an elementary school in a predominantly
Black neighborhood. A weak MON chemical plant rule is disastrous for the health
of St. James Parish, particularly if plans for the Formosa complex are allowed
to proceed.
EPA has known of the pollution and extreme health harms
associated with MON plants for years; still, it chose inaction. According to
federal law, EPA was supposed to review and update the national MON standards
by 2014, but years later, the agency had still failed to meet the deadline.
Communities affected by these emissions represented by Earthjustice, forced EPA
to finish the rule through litigation and in 2017 a court ordered EPA to review
and update this rule.
Earthjustice is representing RISE St. James, Louisiana
Environmental Action Network, Louisiana Bucket Brigade, TX Environmental
Justice Advocacy Services (t.e.j.a.s.), Air Alliance Houston, Ohio Valley
Environmental Coalition, Blue Ridge Environmental Defense League,
Environmental Justice Health Alliance for Chemical Policy Reform, Environmental
Integrity Project, Union of Concerned Scientists, and the Sierra Club. These
groups have also filed a petition for reconsideration with EPA. RISE St. James,
Louisiana Bucket Brigade, and allied groups, represented by Earthjustice, are
also fighting the illegal and dangerous air permits Louisiana issued to Formosa
Plastics, and challenging another rule (ethylene production) that would apply
to Formosa Plastics and similar petrochemical facilities as illegally weak.
“It is morally reprehensible that EPA is treating certain
communities as disposable and left to suffer unacceptable cancer threats from
exposure to petrochemical pollution. We will continue to fight to ensure that
EPA’s national air toxics standards are as strong as possible to save lives and
prevent illnesses that EPA should not allow communities to face just because they
live near chemical plants,” said Michele Roberts, national co-coordinator of
the Environmental Justice Health Alliance for Chemical Policy Reform.
“Today’s suit is a step toward righting a grievous wrong.
This administration’s weak MON rule does little to protect our health and
instead leaves our communities at serious risk of cancer, both by the enormous
emissions it allows and by pretending to be protective when in fact it’s just
the opposite. We are all at risk from these emissions, but Black people in Louisiana
are in the bullseye. It’s past time to change this situation, and we are filing
suit today to do just that,” said Anne Rolfes, LA Bucket Brigade.
“We cannot applaud EPA for doing what it thinks is the bare
minimum, because the agency is not even doing what it knows is needed to
protect people’s health, based on the best available science. EPA also cannot
avoid ensuring that facilities use up-to-date pollution controls, and
practices, including real-time fenceline monitoring, to protect public health.
People in Texas deserve the strongest protection available for our health,”
said Juan Parras, t.e.j.a.s. Executive Director.
“The EPA rule does not go far enough to reduce toxic air
pollution and goes too far in allowing loopholes, including an unlimited number
of so-called unforeseeable accidents known as force majeure. The problem is not
acts of God, it is acts of man,” said Louis Zeller, Executive Director of
the Blue Ridge Environmental Defense League.
“EPA missed an opportunity in the MON rule to use its
authority under the Clean Air Act to reduce the chemical burden on
environmental justice communities exposed to the highest emissions of hazardous
pollutants, including ethylene oxide. The science supports stronger action to
limit emissions and expand monitoring for communities who continue to
experience oppression due to social, health, and environmental disparities
exacerbated by a global pandemic. EPA may be willing to abandon its mission and
leave communities behind, but we won’t allow it,” said Genna Reed, Union of
Concerned Scientists.
#airtoxics #environmentaljustice #publichealth
