Staff Report –

WASHINGTON, D.C. – Following through on his commitment to action during his Journey to Justice Tour, U.S. Environmental Protection Agency Administrator Michael S. Regan announced the first in a series of actions on Wednesday responding directly to concerns of communities historically and disproportionately impacted by pollution in the South, including “Cancer Alley” in Louisiana.

Policy changes are coming to those communities, Regan said in a press release announcing a commitment to deliver “environmental justice” and build “a better America” as part of the Biden-Harris administration’s whole-of-government approach to addressing these issues in communities that are “marginalized, underserved and overburdened by pollution.”

“In every community I visited during the Journey to Justice tour, the message was clear,” Regan said. “Residents have suffered far too long and local, state, and federal agencies have to do better. The pollution concerns have been impacting these communities for decades. Our actions will begin to help not only the communities I visited on this tour, but also others across the country who have suffered from environmental injustices.”

In response to concerns from residents in overburdened neighborhoods, EPA is announcing specific actions in each of the areas that he visited on the tour and outlining a series of broad policy actions.

Moving forward, the EPA will aggressively use its authority to conduct unannounced inspections of suspected non-compliant plants, as needed to protect public health, he said. When facilities are found to be non-compliant, EPA will use all available tools to hold them accountable.

The EPA is announcing a new program to expand air monitoring capacity, utilizing assets such as the ASPECT airplane, GMAP mobile air monitoring vehicle, and additional air pollution inspectors to enhance enforcement.

It will be mobilizing agency resources to invest in community air monitoring to better protect people and public health in vulnerable areas, and pressing state and local elected officials to take urgent action to better protect the most overburdened communities.

He said the EPA will hold companies more accountable for their actions in overburdened communities with increased monitoring and oversight of polluting facilities, and apply the best available science to agency policymaking to safeguard public health and protect the environment.

The agency is also directing resources to better protect people and public health in overburdened areas across the nation, making $20 million in grants available from the American Rescue Plan to enhance local air monitoring for pollutants of greatest concern in communities facing health disparities.

Calling it the largest investment in community-based monitoring systems in EPA history, it will provide transparency and accountability and foster pollution strategies in underserved communities and encourage community-based nonprofit organizations, Tribes, states, and local governments to apply for the grants before the March 25 deadline.

The agency is also taking steps to apply the best available science to solutions for communities facing severe pollution.

Last week, for example, the Office of Chemical Safety and Pollution Prevention (OCSPP) released for peer review a proposed screening methodology to evaluate chemical risk to fenceline communities.

Regan reaffirmed EPA’s peer-reviewed scientific assessment showing that ethylene oxide is significantly more toxic than previously understood, and to find that it is appropriate to rely upon this assessment in taking regulatory actions to reduce this harmful pollutant.

This notice responds to several petitions for reconsideration of a 2020 rule revising emission standards for chemical plants in the Miscellaneous Organic Chemical Manufacturing source category and will be open to public comment for 30 days. The rigorous evaluation of scientific studies that EPA is reaffirming in this notice will ensure the agency is guided by the best information as EPA works to address health risks posed by ethylene oxide.

Mississippi

In Jackson, Regan saw firsthand the longstanding water infrastructure challenges and the impacts these problems have on the community including children at Wilkins Elementary School, where Regan was to visit with students and faculty until school was canceled due to low water pressure.

And once again this week, the winter weather has caused yet another boil water notice in Jackson, which has faced too many significant water challenges for too long, he said.

On Jan. 25, EPA issued a Notice of Noncompliance to the city for not timely repairing and maintaining equipment necessary to reliably produce drinking water.

Later this week, Regan will be sending follow-up letters to elected officials to stress the importance of dedicating federal infrastructure funds, including nearly $79 million allocated to Mississippi from the Bipartisan Infrastructure Law to solve some of most dire water needs in Jackson and other areas of need across Mississippi.

“Administrator Regan’s leadership on addressing environmental Justice issues that have plagued communities in the Deep South for far too long gives us hope that change will come,” said NAACP President and CEO Derrick Johnson. “During his visit to Jackson he was able to see firsthand the water infrastructure challenges we’re experiencing in the city, and today he’s following through on his commitment to fight for vulnerable communities to receive the funding they need from the Bipartisan Infrastructure Law.”

“I look forward to EPA keeping its promise of equity and equality when serving minority communities,” Mississippi Congressman Bennie Thompson said.

Louisiana

Regan later traveled to Louisiana, meeting residents in New Orleans, St. John the Baptist Parish, St. James Parish and Mossville, where he saw the impacts of pollution, climate change and crumbling water infrastructure.

The new Pollution Accountability Team will start as the pilot air monitoring project in Mossville, St. James Parish and St. John the Baptist Parish. The EPA will work with residents and community leaders to determine the routes to be traveled by the mobile monitoring vehicle and the contaminants to be monitored. As part of the administration’s commitment to transparency, EPA Region 6 will make this data available to the public.

EPA will also invest more than $600,000 to procure mobile air pollution monitoring equipment and will be deploying the monitors specifically in Mossville, St. John the Baptist Parish and St. James Parish, among other communities located in the South.

This equipment will measure volatile organic compounds (VOCs), including air toxics, and will dramatically improve EPA’s ability to measure pollution quickly and assess situations in real-time. EPA will work with local organizations to host trainings for community members to familiarize them with the technology and the process the agency uses for its air monitoring.

In St. John the Baptist Parish, EPA used its authority to require the Denka plant to install fenceline monitors to identify sources of emissions onsite, allowing the EPA and communities to better understand air pollutants in a quick, reliable way. This month, Denka complied with EPA’s request to install these monitors.

In addition, Regan sent a letter to Denka and DuPont CEOs pressing the companies to protect residents of St. John the Baptist Parish, including children that learn and play along their fenceline, after periodic elevated concentrations of chloroprene were measured nearby.

In the letter, Regan wrote: “…as a parent, I remain extremely concerned about the over 500 children at the elementary school. I am writing to you today to reiterate what I hope are our shared concerns and expectations over the health and well-being of the students. EPA expects DuPont and Denka to take other needed action to address community concerns.”

EPA’s Office of Enforcement and Compliance Assurance will work with the Department of Justice to redouble their efforts in seeking additional, and timely, avenues of relief for this community.

In St. James Parish, Regan heard concerns about the impacts of the proposed Formosa Plastics plant.

In response to resident requests, EPA announced support for the U.S. Army Corps of Engineers’ decision to require a more robust Environmental Impact Statement as a permit for a proposed Formosa plant expansion is considered. This will ensure a stronger understanding of impacts this plant may have on communities.

Considerations will include evaluating reasonable alternatives to the proposed action, the potential cumulative effects, and a public comment period – none of which were previously required by the environmental assessment. EPA has offered to provide technical assistance to the Army Corps in the development of the Impact Statement.

This week, EPA Region 6 also issued a Notice of Violation and Opportunity to Confer (NOVOC) to Nucor Steel Louisiana LLC in St. James Parish. The EPA notice requires Nucor to address unauthorized emissions of hydrogen sulfide and sulfuric acid mist, and exceedance of permitted limits for sulfur dioxide emissions at Nucor’s Direct Reduced Iron (DRI) plant.

In Mossville, Regan joined residents to discuss their concerns around air and water quality. In response, today EPA announced a significant increase in inspections of industrial facilities in the Mossville area.

The EPA will assess compliance at facilities that present potentially elevated risks to the community based on recent EPA helicopter flyovers and mobile air monitoring of the area. EPA also provided $38,886 for the Louisiana Department of Environmental Quality to purchase a NAAQS quality PM 2.5 continuous monitor to be placed across the road from Sasol’s Lake Charles Complex.

EPA will monitor and review the data and conduct an independent assessment to determine if NAAQS standards are exceeded in the Lake Charles area. The EPA will also conduct Technical System Audits on a rotating basis of the state’s monitoring system operations as well as reviewing LDEQ’s annual data certifications and annual monitoring network plan.

EPA Region 6 also issued this week a Notice of Potential Violation and Opportunity to Confer (NOPVOC) Letter to Sasol Chemicals USA, LLC. The Sasol plant uses natural gas and by-products from refinery operations to produce specialty chemicals for detergents and cosmetics.

The chemical complex uses or produces several regulated flammables such as ethylene, propane, butane, propylene, ethane, butane, hydrogen, methane and pentane. The EPA notice follows a January 2021 Compliance Evaluation conducted by inspectors from EPA Region 6 and LDEQ, and requires Sasol to address potential Risk Management Plan violations found during the inspection.

In New Orleans’ Gordon Plaza neighborhood, Regan heard from residents about the impacts of living in the affordable housing development built on the former site of the Agriculture Street Landfill. As part of addressing those concerns, EPA will now expedite a review of the site which was previously slated for review in 2023; the accelerated review will begin in March 2022 and will include 9 homes that were not included in the previous review process.

The agency is taking this step to re-evaluate its previous decision that the land is safe and to communicate the results to the community.

In addition, on Jan. 6, Regan met with Mayor Cantrell and Dr. Beverly Wright of the Deep South Center for Environmental Justice (DSCEJ) to discuss a shared commitment between EPA and the City of New Orleans to work together on community-based solutions for the residents of Gordon Plaza. The solutions discussed would support relocation of community members off the land, provide economic opportunity for the city, advance clean energy, and lower greenhouse gas emissions in the area.

Most importantly, they would ensure the health and safety of Gordon Plaza residents is protected. Regan and Dr. Wright committed to continue working closely with Mayor Cantrell and her team to advance these shared goals.

“I would like to thank the administrator for assisting the City of New Orleans with their infrastructure issues, as well as initiating first steps toward accountability, especially regarding air quality enforcement, monitoring, and data collection, which I called for back in August,” said Congressman Troy A. Carter, Sr. “The environmental justice actions announced today will allow collection of independent, reliable data that will inform the path forward to better the public health of our community.”

Texas

Following stops in Houston, including the Fifth Ward, Kashmere Gardens and the Houston Ship Channel, where Regan spoke with residents about impacts of air and water pollution from nearby facilities on the community, EPA announced the following actions.

Throughout stops in Texas and Louisiana, communities voiced concerns over the health risks that ethylene oxide (EtO) poses to their residents and called for swift action to reduce emissions of this dangerous chemical to outdoor air. As part of the proposal announced to reaffirm EPA’s peer-reviewed scientific assessment showing that EtO is significantly more toxic than previously understood, EPA is proposing to formally reject the Texas Commission on Environmental Quality’s less protective risk value for EtO.

EPA is committed to leading with the best available science in this and future rulemakings to reduce emissions of this chemical and better protect people’s health, Regan said.

The agency is also looking at a range of approaches besides regulations for achieving emissions reductions while regulations are in development, and ensuring communities are informed and engaged.

In the Fifth Ward and Kashmere Gardens area, EPA announced completion of a review of a proposed Union Pacific Railroad permit renewal and corrective actions that govern cleanup of contamination at the Houston Wood Preserving Works site. EPA intends to submit comments to TCEQ laying out concerns and recommendations to ensure that permit terms and corrective action goals address the concerns of community members, who are disproportionately impacted by pollution.

EPA is also monitoring TCEQ’s installation and operation of additional air monitors. These air monitors will supplement the existing monitoring network and capture the pollution that residents in these communities face. In addition, on Jan. 20, Regan spoke with Mayor Sylvester Turner to discuss the continued commitment between EPA and the City of Houston to work together to ensure the community’s concerns are addressed and the health and safety of residents is protected.

In response to the call for improved accessibility to language and interpretation services, EPA is establishing a partnership with Texas Environmental Justice Advocacy Services ( T.E.J.A.S) under the Beyond Translation (BT) Plus program to improve communication, especially when it comes to information on environmental risk and enforcement. Under the partnership, EPA will develop local strategies to address air toxics in communities, provide better transparency regarding enforcement and improve access to risk management plans.

“I am pleased to thank EPA Administrator Michael Regan, the Environmental Protection Agency, and the Biden administration for these important steps forward to help the people in my Congressional District, living in Kashmere Gardens, 5th Ward and other Northeast areas of Houston and Harris County that comprise the 18th Congressional District,” said Congresswoman Sheila Jackson Lee. “This announcement today is going to change lives.

“Over the past years I have been holding meetings, and engaging with state and federal officials repeatedly, and meeting cancer victims while listening to the stories of families who lost loved to cancer and other diseases over the generations. We are desperate for relief,” she added. “I have been disappointed by the unwillingness of previous administrations to act to protect residents. Now that has changed with the Biden administration.”

As a member of the House Committees on Homeland Security, she said, “I have long worked for every resource possible to solve the problem of creosote contamination in these neighborhoods. Again, this focused relief that is coming under the leadership of the Environmental Protection Agency administrator is a great relief to my constituents; and is evidence of the importance of the Environmental Justice Tours that the administrator has taken throughout the nation. People’s lives will be better, and we are going to save lives because of this. I will continue to raise these issues and seek major relief, which for these residents may result in a Super Fund cleanup.”

According to coverage in The Washington Post two months after touring “environmental justice” communities in three southern states, Regan moved to address complaints from residents about tainted drinking water, chemical plants near homes and schools, and breathing toxic air.

The agenda plans to spend $600,000 to buy mobile air pollution monitoring equipment to deploy along an 80-mile stretch of Louisiana along the Mississippi River known as “Cancer Alley” for the many chemical plants, oil and gas refineries, and other industrial facilities located there.

“When I was in Louisiana, nearly everyone I spoke with had a family member or neighbor who’s been impacted by a serious illness,” Regan said. “We’re talking about generations of people living just a stone throw away from industrial facilities who may be sickened by the air that they breathe.”

Regan took a personal interest in Fifth Ward Elementary School in the shadow of the Denka plant.

“As an administrator and as a parent, I am extremely concerned about the potential pollution these children breathe every day. I wrote a letter to the CEO of Denka expressing those concerns,” he said.

In response to residents who said they could sniff chemicals in the air from the Denka plant, EPA required the plant to install monitors on its borders to identify emissions sources at the site so that the agency could better observe it and quickly respond.

Regan’s letter to Denka and DuPont CEOs pressed them “to protect residents of St. John the Baptist Parish, including children that learn and play along their fence line, after periodic elevated concentrations of chloroprene were measured nearby.”

Robert Taylor, executive director of Concerned Citizens of St. John, said their complaints about Denka plant and its proximity to a school have mostly been ignored until now.

“Now we have the administrator himself standing up on that property and looking at those children, attempting to interact with the people responsible for this, and they still wouldn’t show,” Taylor said. “But he was dealing with us and our people, and we are so thankful for this new administration [for] putting feet on the ground. And I personally want to thank them.”

The EPA is spearheading the Biden administration’s push to place environmental justice at the center of the president’s climate agenda and to undo burdens placed on Black, Latino, Indigenous and poor communities across the United States.

On Tuesday, the EPA hit the city of Jackson, Miss., with a notice of noncompliance for failing to repair and maintain equipment that reliably produces safe drinking water. This week, malfunctions resulting from harsh winter weather forced the city to issue another boil-water notice for residents who have already suffered.

Last year, some of Jackson’s 150,000 residents went without drinking water for a month following a winter storm. Even when the weather is nice, residents distrust the often-discolored fluid that pours from their taps and a dilapidated water and sewage infrastructure.

In St. James Parish, concerns about a proposed Formosa Plastics plant prompted the agency to join the U.S. Army Corps of Engineers’ decision to require a strong environmental impact statement before a permit for the plant’s expansion can be considered.

EPA said it would step up inspections of industrial plants in Mossville, a Louisiana town established by formerly enslaved men and women on a highway between New Orleans and Houston. Helicopter flyovers and mobile air-monitoring will be activated there, along with a $40,000 continuous monitor to detect fine particulate matter that hampers the ability of children and adults to breathe.

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