News

09/28/09

Comments to the USEPA Regarding National Enforcement and Compliance

Every three years the USEPA typically sets these priorities that direct work toward the most pressing environmental problems. This year the discussion will begin online. You are urged to send your comments to http://blog.epa.gov/enforcementnationalpriority/

The Green Environmental Coalition (GEC) is a grassroots environmental organization based in Greene County Ohio. We find the following existing national priorities to be critical environmental concerns and support these priorities be retained by EPA in 2011-2013.

  • Clean Air Act NSR/PSD: Ohio ranks 4 th among the nation for health risks from criteria air pollutants, Currently, major air pollution sources are only required to test emissions once every 2 ½ years. A Cemex cement plant, with frequent malfunctions (2 /month) and upsets, exists in Fairborn , Greene County , Ohio . A NOV and FOV of the Clean Air Act were issued to this facility by the USEPA in March 2005 and are still awaiting resolution. Despite this, the same Cemex plant was issued a PTI exemption by OEPA in 2008 to conduct a test burn of whole tires as a fuel source. Cemex was unable to make necessary modifications to their plant before their exemption expired, and so the tire test burn never occurred. However, we expect they will submit another exemption request in the near future. It is important to have a strong federal presence in NSR/PSD enforcement because of the inconsistent permitting decisions made by state and local permitting authorities about both the necessity for permits and the level of emissions controls required.
  • Clean Water Act, Wet Weather, CAFOs: The regulatory authority over livestock in the state of Ohio is the Ohio Department of Agriculture (ODA). They have been given the authority to issue both state (PTI, PTO) and (pending legislation)) federal NPDES permits. Their enforcement role in compliance is questionable (notoriously lax compared with OEPA). After a public hearing on Sept 10, 2009, a hog farm in Fairborn, Greene County, Ohio is awaiting a state permit that would allow the facility to nearly double its total number of animals to over 7,000 hogs, making it Ohio's 8 th largest swine facility. This same farm was responsible for a fish kill (over 9000 aquatic animals) in 2001. We are concerned about the quality of our ground and surface water as well as airborne infection and threats to public health. It is important for the USEPA to target compliance and enforcement activities in states with lower levels of CAFO permit coverage, such as the state of Ohio .
  • Clean Water Act, Wet Weather, Combined Sewer Overflows (CSO): Ohio is one of the largest contributors to our nation's sewage pollution problems with 85 CSO communities that dump sewage out of 1,343 CSO outfalls throughout the state. The Village of Yellow Springs, Greene County, Ohio-population under 5000 (small enough to slip through the cracks)- is such a community. For a period of 5 years, during times of heavy rainfall, the Yellow Springs WWTP has been inundated with rainwater and sewage that exceed the treatment plant's capacity. Untreated sewage is therefore dumped directly into Yellow Springs Creek which flows into the “Wild and Scenic” Little Miami River ¼ mile downstream. This situation has finally been addressed as the OEPA fined the village for non-compliance and plans are now underway for major renovation and updates to the WWTP to begin in 2010. This, however, is just one example of this dangerous practice of CSOs into our recreational waters that are a source of wildlife destruction and human health problems. The OEPA does not require all wastewater treatment plants to report sewage discharges and they do not have the ability to consistently collect all statewide sewage overflow information. The public is therefore kept in the dark about the quality of their recreational waters and drinking water sources. It is important for the USEPA to coordinate with state resources and to take critical steps in supporting and assisting states to achieve compliance and environmental improvements.
  • Financial Responsibility Under Environmental Laws: It only makes sense that property owners of facilities that handle hazardous materials are held responsible for the clean up and closure of such facilities when vacated. In Fairborn , Greene County , Ohio , Cemex- a billion dollar, multinational cement corporation- moved its operation, in 1996, from the city of Fairborn to a newer facility outside the city limits about 4 miles away. This year, 2009, the city of Fairborn and Wright State University partnered in developing “Calamityville”, a disaster training and research center, which will be located in the former, “abandoned” Cemex facility. Cemex agreed to “donate” the property to the city in exchange for being freed from environmental and other cleanup obligations. Estimates to remove hazardous substances-including trichloroethene and asbestos-and other site cleanup costs are estimated between $1 to $4.4 million. The city of Fairborn applied for and received $2.8 million from the Clean Ohio Revitalization Fund (CORF) and another $200,000 from federal American Recovery and Reinvestment Act Funds. The land transfer by Cemex was contingent upon CORF funding and only occurred after award notification.

    Cemex avoided its financial and ethical responsibility for environmental cleanup. It is important that the USEPA enforce full compliance with the financial responsibility requirements and prevent defaults that shift the costs from existing responsible parties to others.

I have tried to provide examples from my county and state that illustrate the need for the 4 enforcement and compliance priorities listed. Please keep these on the priority list for 2011 – 2013. Thank you.

Victoria Hennessy
Green Environmental Coalition