Presented by

ECO: Environmental Community Organization

Polluters Roundup ECO’s Right-To-Know Project

A review of federal Clean Air Act compliance for significant air pollution sources in Hamilton County

“Significant” Air Pollution Sources Major: Major source emits (or has the potential to emit) a large

amount of a regulated pollutant, from 100 tons per year or less depending on the pollutant toxicity and ambient air quality. (1990 CAA Amendments)

Synthetic Minor: A facility that avoids Major source requirements by accepting permit conditions which limit emissions below major source thresholds.

Federally Reportable Minor: A Minor source subject to Air Toxics emissions limits (Part 61 National Emissions Standards for Hazardous Air Pollutants)

OR Any Minor source which has received an Administrative Order,

or Civil Suit in the past two years.

Background: Air Quality in Hamilton County

Background: Air Quality in Hamilton County

Background: Air Quality in Hamilton County

“When ozone — the chief component of smog — builds up, it can literally take some people's breath away, filling emergency rooms with gasping asthma patients and sending cyclers, joggers and in-line skaters scurrying home. … Those most vulnerable should stay indoors if possible because high levels of pollution can cause major health problems, according to doctors.”

(“Breathtaking smog becoming a dangerous day-to-day hassle,” Randy Tucker, July 17, 2002 Cincinnati Enquirer)

Background: Air Quality in Hamilton County

The Costs of Nonattainment The imposition of more stringent emissions limits on local

industry Lost worker days and increased worker health-care costs Costs to motorists for emissions testing programs Adjustments in transportation planning to ensure that any new

or reconfigured roadways do not interfere with planned emissions reductions

Potential loss of federal monies for highway expansion should the area fail to achieve attainment

Stigma may cost us new or expanded business and industry Ill health Medical bills Shortened lives

Background: Air Quality in Hamilton County

Cincinnati Public Schools: 84 Summer Vacation Days

Background: Air Quality in Hamilton County

Graduating Class

Smog Days Grades 1-12

2000 93

2001 94

2002 104

2003 122

2004 124

2005 124

2006 132

2007 132

2008 120

2009 110

2010 85

Polluters Roundup

320, 316, and 106 odor complaints from Hamilton County residents logged in 2005, 2006, and the first ½ of 2007 respectively.

Polluters Roundup

Polluters Roundup ECHO Query Run September 6, 2007

Polluters RoundupSignificant Air Pollution Sources* in Hamilton County

Of 124 significant air pollution sources in Hamilton County, • 44 facilities (35%) had operated in violation of the federal Clean Air Act1 (CAA) for at least one quarter over the past 3 years (2004-2006)• 28 had been in violation for 8 or more quarters.

*Major, Synthetic Minor, and Federally-reportable Minor Facilities

Polluters Roundup Significant Air Pollution Sources Violating the Clean Air

Act (1 or more quarters, 2004-2006)

Polluters Roundup

Noncompliance by Major Facilities

Hamilton County 57% (26/49)

Ohio 45% (361/803)

Smog: The Grinch that Stole Summertime

When ozone — the chief component of smog — builds up, it can literally take some people's breath away, filling emergency rooms with gasping asthma patients and sending cyclers, joggers and in-line skaters scurrying home. … Those most vulnerable should stay indoors if possible because high levels of pollution can cause major health problems, according to doctors.“Breathtaking smog becoming a dangerous day-to-day hassle” Randy Tucker, July 17, 2002 Cincinnati Enquirer

Total Number of Smog Days during Each Year from Grades 1-12 for Greater Cincinnati’s High School Graduating Classes

Year Class of 2006

Class of 2007

Class of 2008

Class of 2009

SUBTOTAL

    114 104

TOTAL 132 126    

Smog: The Grinch that Stole Summertime

Smog: The Grinch that Stole Summertime

The Grinch that Stole Summertime

Agrium B-Way Blue Grass Labels Barrett Paving, Carthage CHC FabricatingChildren's Hospital Medical Center CognisDuke Energy, Miami FortE.I. Du PontFord Givaudan

Harrison IronworksLanxess Quebecor World Queen City Barrel Sawbrook Steel Castings Spring Grove Resource Recovery Sun Chemical/General Printing Ink University Hospital Valley Asphalt, Mosteller Rd.Valley Asphalt, Mehring Way

Facilities Releasing Excess Smog & Smog Forming Pollutants 2004-2006

What’s that smell?

2005 320

2006 316

First ½ of 2007

106

Citizen complaints about industrial odors

Registered with Hamilton County Dept. of Environmental Services

What’s that smell?

2005 320

2006 316

First ½ of 2007 106

Citizen complaints about industrial odors Registered with Hamilton County Dept. of Environmental

Services

Top Odor Suspects2006 to mid-2007

Facility Named by complainant as “suspected”

Identified by Hamilton Co.

DOES

Known Clean Air Act Violations with Excess Pollutants

Cognis 122 37 Yes

Lanxess 62 5 Yes

Berghausen 44 22

Givaudan 6 5 Yes

United Waste Water

4 7

Environmental Justice Movement

Background: Nonviolent Civil Rights movement led by Dr. King in the 1960’s.

History of Environmental Justice Movement

In 1982, residents of Warren County, North Carolina, supported by the United Church of Christ, staged a demonstration in opposition to the siting of a polychlorinated biphenyl (PCB) landfill near the community of Afton.

Warren County NC civil disobedience

US EPA definition

 Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Environmental Justice

All people are entitled to a clean and healthy environment.

Cincinnati: % Minority & Regulated Sites

Cincinnati: % Poverty & Regulated Facilities

Baseline or EJ Minority Fenceline Community, Major or All Facilities, Countywide or City

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Baseline or EJ Minority Community, Major or All Facilities, Countywide or City

Baseline % Violators

% Violators in EJ MinorityFenceline Neighborhoods

Environmental Justice Evaluation CriteriaBaseline DemographicEJ Level Countywide Minority28.8>43.2 (1.5 x Baseline)City Wide Minority47>50 (natural break, see Figure 1)Countywide Poverty13.8>20.7 (1.5 x Baseline)Citywide Poverty21.9>32.9 (1.5 x Baseline)

CAA Noncompliance - Generally and in EJ Fenceline Communities

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CAA NoncomplianceCountywide orCitywide

Noncompliance withEJ Minority - 1-mileRadius

Noncompliance withEJ Poverty - 1-mileRadius

COUNTYWIDE: Comparing Clean Air Act Noncompliance by MAJOR Facilities with Average,

Poor, or Minority Neighbors

Average: 55% Noncompliance

Poor: 73% Noncompliance

Minority: 64% Noncompliance

average

CITYWIDE: Comparing Compliance by MAJOR Facilities with Average, Poor, or Minority Neighbors

Average: 76 % Noncompliance

Minority: 83% Noncompliance

Poor: 80% Noncomplianceaverage

Baseline or EJ Poverty Fenceline Community, Major

or All Facilities, Countywide or City

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Baseline or EJ Poverty Fenceline Community, Major or All Facilities,

Countywide or City

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Baseline % Violators

% Violators in EJ MinorityFenceline Neighborhoods

Significant air pollution sources and major sources with environmental justice fence line neighbors, poor and/or minority, in both the city and the county, had elevated

levels of noncompliance with the CAA.

1-mile radius around Mill Creek Corridor Air Pollution Sources releasing excess emissions in Hamilton County, OH 2004-2006

1-mile radius around North Bend region of Hamilton County showing Air Pollution Sources releasing excess emissions in Hamilton

County, OH 2004-2006

Net Income, fines, & estimated injunctive relief

•We recommend a number of improvement to public access to enforcement and compliance information and documents. •We recommend that fines reflect not only economic benefit derived by facilities who fail to comply with the CAA, but also an apportionment of the cost of nonattainment to industry and residents for those whose illegal emissions exacerbate local nonattainment status. •Rigorous enforcement of existing law and additional protections for EJ minority and poverty neighborhoods is needed to stop the abuse and injustice.

What ECO Does

ECO provides communities with research and technical expertise on government agencies and industries, focusing on enforcement and implementation of environmental laws.

ECO participates in critical permit and regulatory processes in Cincinnati and Ohio

ECO networks with activists and activist groups to create changes benefiting communities & the environment

  

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