Oregon lawmakers and climate advocates are pushing for legislative action to build more efficient homes and office buildings to protect the environment and reduce long-term homeowner costs. 

Senate Majority Leader Kate Lieber, D-Beaverton, and Rep. Pam Marsh, D-Ashland, are spearheading the effort after spending much of last year leading a task force that recommended policies for making homes and office buildings more environmentally friendly and resilient to heat, smoke and air pollution. Those recommendations have turned into four bills they want passed.

Marsh, whose largely rural southern Oregon district lost 2,500 homes to wildfire in 2020, said during a Tuesday press conference that Oregonians need more resilient homes as climate change causes sustained drought and worse wildfires. With more extreme weather, Oregonians living in less-efficient homes pay more to heat or cool their homes. 

“Really what is at the core of this rebuilding task force work is making sure that Oregonians are protected as conditions continue to change and that they will be able to continue to afford their utility bills,” Marsh said. 

Transportation, including cars, trucks, trains and planes, is Oregon’s biggest source of greenhouse gas emissions, according to the state Department of Environmental Quality. In 2021, transportation was responsible for more than 35% of the state’s greenhouse gas emissions.

But emissions caused by residential and commercial buildings, including from electricity and natural gas use, were close behind. In 2021, residential and commercial buildings were responsible for 34% of the state’s greenhouse gas emissions – more than agriculture or industry. 

The four bills are scheduled for public hearings Thursday before the Senate Committee on Energy and Environment. Chair Janeen Sollman, D-Hillsboro, must schedule a committee vote, or work session, by Friday and hold that vote by April 4 for the bills to advance this year. 

• Senate Bill 868 would set a state goal of installing 500,000 residential heat pumps by 2030 and make it easier for builders and homeowners to get rebates or incentives to purchase and install them. It builds on legislation from last year to pay low-income households to install heat pumps, electric appliances that can pump heat out of a house in the summer and pull it in during the winter. They’re more efficient than traditional furnaces or air conditioners, but they’re also more expensive. The federal Inflation Reduction Act includes tax credits for installing heat pumps and other rebates and incentives are available from the state or energy providers.

• Senate Bill 869 would require the Department of Consumer and Business Services to set energy efficiency goals for new construction, including requirements that new homes be built to improve indoor air quality and save money on energy bills. The measure also would require the department to look at the climate costs of building materials, including transporting materials.

• Senate Bill 870 would create building standards for new and existing large commercial buildings and would provide some financial incentives for building owners who meet energy efficiency goals.

• Senate Bill 871 would require state-owned buildings to lead by example in reducing energy use. 

Marsh said those ideas had broad support from the task force, which included builders, climate advocates, local governments, labor unions, utilities and Republican lawmakers as well as Lieber and Marsh.

Joel Iboa, executive director of Oregon Just Transition Alliance, an advocacy group that opposes environmental racism, or the disproportionate effect of climate change on minority communities, said low-income people, people of color, rural Oregonians and people with disabilities would most benefit from more efficient buildings. Wildfires, ice storms, smoke and high heat have killed Oregonians in recent years – more than 100 died during the 2021 heat wave, when Portland reached 116 degrees, and many were in their homes without air conditioning. 

“If we’ve learned nothing else for the last three years between wildfires and ice storms and heat waves, it’s that resilience starts at home,” Iboa said. “In our homes and our buildings, our first line of defense against these climate disasters, whether it be heat or wildfire smoke, we believe that we can, we must, make our community safer and more resilient by transitioning to clean energy, and making upgrades to homes and buildings.” 

Stricter building codes can increase the initial cost of homes, acknowledged Meredith Connolly, state director  of Climate Solutions, a Northwest nonprofit championing clean energy,  and a supporter of the legislation. The bills coincide with a push by lawmakers and Gov. Tina Kotek to increase the supply and affordability of homes.

Connolly said those higher standards can pay for themselves quickly in the form of lower utility bills. The legislation also would give builders more certainty about what to expect over the next 10 years, she said. 

“Even if there were a little more upfront costs, it actually made it cheaper to live in the home as well as more comfortable and more resilient,” she said. “And it paid for itself very quickly.”

Oregon Capital Chronicle

Oregon Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Oregon Capital Chronicle maintains editorial independence. Contact Editor Lynne Terry for questions: [email protected]. Follow Oregon Capital Chronicle on Facebook and Twitter.

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A new Dallas air quality monitoring program is underway to help protect existing neighbors from pollution and guide future land use decisions about where homes and industry should be.

Forty monitors are being installed in neighborhoods around the city with $1.7 million earmarked in the current city budget.

“We’re prioritizing communities with clean air concerns. So, we’re talking your industrial corridors, areas with batch plants and things of that nature,” Dallas Environmental Quality Director Carlos Evans said.

It’s part of the new Dallas Equity Policy to recognize past injustices in certain neighborhoods.

“We know that because of our history, because of our past, because of policies like red lining and whatnot, you know, certain people have been pushed to the fence lines of our polluting facilities. We want to make sure that we recognize that those inequities and advance environmental justice,” Evans said.

Kids play in a park in the Dallas Joppa neighborhood beneath one of the new monitors that will record potential pollution exposure.

The neighborhood is right beside a rail yard and industries that some neighbors blame for health problems.

“I don‘t think it makes them think, they know it affected their quality of life and their health,” said resident Tameckia Derrough.

Her neighborhood is a historic Freedman’s community, where people of color were once forced to live. Today it is a neighborhood close to jobs, where the City of Dallas encourages new home construction and new residents.

“And I’m able to speak for the community, not just Joppa but all communities of color,” Derrough said.

She is a member of the Dallas Environmental Commission, which is now confronting environmental issues that were sometimes neglected in the past, with support from that equity policy.

The air monitors will document what some residents suspected, but also help guide an update of Dallas land use policy that is in the works now for final approval by the Dallas City Council. That could help dictate where homes and industries are located in the future.

“The data certainly helps us make better policy decisions at the council level and advocate for communities and the state legislative level as well. So, once we understand what it looks like when we have industrial and residential adjacency, it’s hard to not take action with that information,” said Dallas Environmental Commission Chair Kathryn Bazan.

The data will also be shared online with neighbors.

“It would be put on a dashboard so that residents can see that information,” Evans said.

In addition to the monitor added Monday at South Central Park in Joppa, several other air monitors are posted at other Dallas locations.

Dozens more will be added by the end of 2023.

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The airline industry would be forced to adopt new measures to protect passengers and crew members from toxic fumes on airplanes under a bill introduced in Congress this month.

The legislation aims to address a basic fact of flying: The air you breathe on planes comes directly from the jet engines. Under normal conditions the air is safe, but if there’s a mechanical issue, heated jet engine oil and other aviation fluids can leak into the air supply, potentially releasing toxic gases into the plane.

While homes and offices across the country are required to have carbon monoxide detectors, airplanes have no such requirement.

“We all are breathing contaminated air,” said Rep. John Garamendi, D-California, the bill’s sponsor in the House.

Like many Congress members, Garamendi is a frequent flier, and he has long worried about his own cumulative exposure to toxic gases, he said. Often, “there’s a strong odor that you’re breathing something you shouldn’t,” said Garamendi. “Anyone who’s been on an airplane when they start the engine knows exactly what I’m talking about it.”

The legislation would create new mandates for crew training and for reporting and investigating fume events. Planes would be required to be equipped with sensors to detect air contamination.

Lawmakers cited a Los Angeles Times investigation that found that dangerous vapors contaminate the air supply on planes with alarming frequency, sometimes sickening passengers and crew and incapacitating pilots during flights. Over a two-year period, nearly 400 pilots, flight attendants and passengers reported receiving medical attention after these “fume events,” and four dozen pilots were described as impaired to the point of being unable to perform their duties, The Times found.

“Our legislation takes action where the FAA and airline industry haven’t — requiring air detector and monitoring equipment, incident reporting, and investigations of these events to ensure a safer travel experience for all Americans,” Sen. Richard Blumenthal, D-Connecticut, the bill’s sponsor in the Senate, said in a statement.

The bill is also co-sponsored by Sens. Edward J. Markey, D-Massachusetts, and Dianne Feinstein, D-California, and Rep. Brian K. Fitzpatrick, R-Pennsylvania.

Major unions across the industry representing pilots, flight attendants and mechanics are backing the legislation.

“It is unacceptable that airline passengers and crewmembers may be exposed to toxins while flying — toxins that may lead to respiratory and neurological conditions, including breathing difficulties, headaches, and fatigue,” Transportation Workers of America International President John Samuelsen said in a statement.

Scientists have long warned of potential dangers from breathing heated jet engine oil, which contains tricresyl phosphate, or TCP, a highly toxic chemical that can damage the nervous system. TCP can have immediate effects such as headaches and dizziness, as well as longer-term effects such as tremors and memory problems, experts say. Some pilots and flight attendants have experienced serious health problems, including brain damage, after fume events, The Times found.

The bill would require a major overhaul of current practices. No government agency tracks fume events or how often people become sick or impaired.

Without sensors to measure air quality, planes rely on a low-tech method: the smell test. Internal documents from airlines and aircraft manufacturers provide detailed instructions for identifying oil and hydraulic fluid contamination in the air supply by smells like “dirty socks,” “musty” and “acrid,” The Times found.

The legislation would require airplanes to have sensors that would “alert the pilot and flight attendants to poor air quality that is dangerous to human health,” and it would mandate that airlines and manufacturers develop procedures on how to respond to alarms.

The proposed Cabin Air Safety Act is not the first time lawmakers have tackled the issue. Congress has twice held hearings on airplane air quality — in 1994 and 2003. Similar pieces of legislation have repeatedly languished in committee.

Backers of the new bill hope that it can be included in the FAA Reauthorization Act — a potentially easier vehicle than passing a one-off piece of legislation.

It’s unclear what opposition, if any, the bill may face. Aircraft manufacturers Boeing and Airbus did not respond to questions about their positions on the legislation.

“Mandated regulations and monitoring requirements are premature in the absence of scientific studies that validate a health concern, reliable and accurate sensor technologies, and detection standards,” Marli Collier, a spokesperson for Airlines for America, the air carriers’ lobbying arm, wrote in a statement.

Studies on airplane air quality have looked only at normal flights in which no fume events were reported. No major research has ever measured the chemicals in fume events as they occur.

In 2003, Congress ordered the FAA to measure the toxic chemical levels in such events, but the airlines refused to let flight attendants carry air samplers aboard, according to an FAA-funded research report.

The FAA declined to comment on pending legislation. “Studies have shown cabin air is as good as or better than the air found in offices and homes,” the agency previously told The Times.

“The cabin air inside Boeing airplanes is safe,” a spokesperson for Boeing previously wrote in a statement to The Times. “Due to the high air exchange rate and HEPA recirculation filtration system, air quality on Boeing aircraft compares favorably to other indoor air environments like schools, office buildings, and homes, as numerous impartial, third-party studies have found.”

But HEPA filters can screen particles only above a certain size. They are not effective against gases.

Boeing previously told The Times that scientific studies have not proved a link between fume events and health problems. The company previously said it has not equipped its planes with air sensors because suppliers have not “demonstrated the existence” of devices that could “reliably detect contaminated bleed air.”

But the Times investigation found that Boeing managers had legal concerns that went beyond technological shortcomings. Senior Boeing engineers worried that data from sensors could prove damaging if used as evidence in lawsuits brought by sick passengers and crew members, according to internal emails and sworn depositions.

An internal Boeing memo described it as a “risk” to give air sensors to even one airline, according to a deposition of a Boeing executive.

“Flight attendant, pilot unions, and congressional supporters could use this effort as evidence that sensors are needed and … to drive their agenda forward to have bleed air sensors required on all aircraft,” said the 2015 memo, which Boeing turned over in litigation.

Garamendi, the bill’s sponsor in the House, noted that air monitoring equipment is “readily available.”

“For the airlines, ignorance is money. If the toxic exposure were known, then you’d be looking at long-term health effects that may lead to workers’ compensation” claims, lawsuits and requirements that manufacturers change “the design of the airplanes,” said Garamendi.

“So heads up, Boeing.”

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Sir Winston Churchill famously said “those that fail to
learn from history are doomed to repeat it.” Of course he
didn’t have the nearly four decade long controversy over the
reach of the Federal Clean Water Act in mind but the shoe certainly
fits so I was amused by a Bloomberg Environment and Energy
report today on the several lawsuits that have been filed
challenging EPA’s eighth attempt to end the longest running
controversy in environmental law.

We have seen this movie at least twice before so there should be
no doubt about what happens next.

The undeniable fact of the matter is that the current EPA
attempt is sufficiently similar to the sixth attempt during the
Obama Administration that it was certain to face the slings and
arrows it is now facing. That sixth attempt was also challenged in
the courts, with similar claims made about how it went beyond what
was authorized by the Clean Water Act. The ensuing litigation
dragged on long enough that the Trump Administration EPA could
replace the sixth attempt with the much different seventh attempt
which was also challenged in the courts and ultimately replaced
with this eighth attempt.

Along the way it has been settled that such challenges to
EPA’s attempts to determine the reach of the Clean Water Act
have to begin in the District Courts, which necessarily means more
litigation steps and more time spent before any litigation is
finally resolved. We’ve also seen that members of the Judicial
Branch of all stripes are comfortable enjoining the Executive
Branch in the meantime as Professor Johnston points out in the
Bloomberg piece.

Professor Percival points out that the many states and NGOs
challenging the current EPA attempt “have been forum
shopping.” That’s also undeniable. But one would have to
have a pretty short memory to forget that challenges to the Trump
Administration rule were filed in California and Massachusetts,
most certainly for exactly the same reason.

The only thing that has certainly changed since the Obama
Administration regulation was challenged is the make up of the
nation’s highest court. Will five Justices of the Roberts Court
drive a stake through the heart of the “significant
nexus” basis for establishing Clean Water Act jurisdiction in
the current EPA regulation? After all, three of the current members
of the Court opposed the notion when then Justice Kennedy offered
it and they’ve been joined by three new Conservative Justices.
We’ll know the answer to that question when the Court releases
its opinion in Sackett any day now. I continue to think
that’s more likely than not but by no means certain. The Court
could also put answering that question off based on a conclusion
that the Sacketts’ lot is adjacent enough to a Water of the
United States so as not to implicate the “significant
nexus” notion endorsed by the Ninth Circuit Court of Appeals.
But if the Supreme Court does pull the plug on “significant
nexus”, EPA will most certainly be sent back to the drawing
board.

Which leaves me with this question for the experts. The Clean
Water Act and the Clean Air Act are about the same age. Congress
and the President most recently refreshed the Clean Air Act for the
second time almost twenty five years ago, including to account for
things known then that weren’t known in the 1970s. Why has the
Clean Water Act not gotten the same attention which it richly
deserves. Until that happens, history will continue to repeat
itself.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Environment from United States

California Bill On Climate-Related Disclosure

Cadwalader, Wickersham & Taft LLP

California Senate Bill 253, the Climate Corporate Data Accountability Act, if passed, will require all companies that do business in California and report over $1 billion in annual revenue to report

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As the weather finally starts to get warmer in the spring after a cold winter, it can be so tempting to open up the windows, air out the house, and enjoy the fresh air. However, if you or anyone else in your home suffers from allergies, this isn’t always the best course of action. Opening the windows will give pollen and other allergens the opportunity to enter your home.

At the same time, though, keeping every window closed all the time also isn’t the best choice. According to the Environmental Protection Agency, letting fresh air from outside into a home can improve the indoor air quality. So, what are you supposed to do with these two conflicting pieces of advice? Be purposeful about when you open the windows. If it is a very blustery day when the wind is more likely to blow lots of pollen into the house, plan to leave them shut that day, and open them the next. Similarly, if someone in your home suffers from allergies, consider leaving the windows in their bedroom closed, at least overnight, so they can sleep more comfortably.

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Remembered as an inspirational, humble leader with a passion for education and commitment to his people, former Navajo Nation President Peterson Zah was honored Saturday with a funeral procession that stretched for 100 miles (160 kilometers) from western New Mexico into eastern Arizona.

People lined roads on the reservation to say their final farewells to a monumental leader who made education, family, culture and Navajo language the hallmarks of his life. He fought tirelessly to correct wrongdoings against Native Americans.

“He led with compassion and a crystal-clear vision of what is right for the people first,” said Robert Joe, Zah’s nephew who served as the master of ceremonies at a public reception Saturday afternoon. “He always put the people before him to do what was right and for the interest of the people.”

Crsytalyne Curley, Zah’s granddaughter who is now the speaker of the Navajo Nation Council, said Zah “spread hope throughout the whole Navajo Nation.”

Zah died late Tuesday in Fort Defiance, Arizona, surrounded by his family and after a lengthy illness. He was 85.

Zah was buried in a private service at his family’s cemetery in Low Mountain, Arizona, where he was born.

The procession passed through several Navajo communities, with people holding their hands to their hearts and displaying signs that declared Zah would be missed. The Navajo Tribal Utility Authority hoisted flags from utility trucks along the route.

“All of Indian Country mourns with you today,” said Stephen Lewis, governor of the Gila River Indian Community. “We mourn the loss of his brilliant mind, his personality, his wisdom. … We are truly mourning the passing of an era.”

Zah was the first president elected on the Navajo Nation — the largest tribal reservation in the U.S. — in 1990 after the government was restructured into three branches to prevent power from being concentrated in the chairman’s office. At the time, the tribe was reeling from a deadly riot incited by Zah’s political rival, former Chairman Peter MacDonald, a year earlier.

Zah, who also served a term as tribal chairman, vowed to rebuild the Navajo Nation. Under his leadership, the tribe established a now multi-billion-dollar permanent fund after winning a court battle that found the tribe had authority to tax companies that extracted minerals from the vast reservation.

“President Zah never lost sight of his purpose: to stand up for the dignity and respect of the Navajo people,” President Joe Biden and First Lady Jill Biden wrote in a letter to Zah’s family Saturday.

U.S. Sen. Mark Kelly, D-Ariz., said in a statement that Zah “transformed the Navajo Nation, and with it, our state.”

Sometimes referred to as the Native American Robert Kennedy, Zah was known for his charisma, ideas and ability to get things done, including lobbying federal officials to ensure Native Americans could use peyote as a religious sacrament.

Zah also worked to ensure Native Americans were reflected in federal environmental laws like the Clean Water Act and the Clean Air Act.

He was well-known for his low-key but stern style of leadership, driving around in a battered, white 1950s International pickup that was on display outside at the public reception Saturday.

Several speakers said Zah was instrumental in their determination to attend and graduate from Arizona State University or other institutions of higher learning.

“To say Peterson Zah was a champion of education is like saying there are a lot of stars in the sky. It’s an understatement,” said Charles Monty Roessel, a former director of the Interior Department’s Bureau of Indian Education who is now president of Diné College in Arizona.

“He understood the transformational power of education because he saw it in his own life,” Roessel said.

Buu Van Nygren, president of the Navajo Nation, said Zah had recently met with tribal leaders to emphasize the importance of continuing to prioritize educational opportunities for their children.

“He made sure education was at the forefront of everything he did,” Nygren said. “He touched many, many generations of young Navajo leaders like myself.”

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Race Winner: Sammy Smith of Joe Gibbs Racing (Toyota)

Stage 1 Winner: Justin Allgaier of JR Motorsports (Chevrolet)

Stage 2 Winner: Justin Allgaier of JR Motorsports (Chevrolet)

 

SHR Race Finish:         

●  Riley Herbst (Started 10th / Finished 4th, completed 200 of 200 laps)

●  Cole Custer (Started 1st / Finished 12th, completed 200 of 200 laps)

 

SHR Points:

●  Riley Herbst (5th with 155 points, 40 out of first)

●  Cole Custer (8th with 118 points, 77 out of first)

 

SHR Notes:

●  Herbst earned his first top-five of the season and his third top-five in eight career NASCAR Xfinity Series starts at Phoenix.

●  This is Herbst’s fourth straight top-10 of the season. He finished sixth in the season opener at Daytona (Fla.) International Speedway, seventh March 26 at Auto Club Speedway in Fontana, California, and eighth last Saturday at Las Vegas Motor Speedway.

● This is Herbst’s second straight top-10 at Phoenix. He finished seventh in the series’ last visit to the track in November.

● Dating back to an eighth-place finish on Oct. 22, 2022 at Homestead-Miami Speedway, Herbst has not finished outside the top-10 in a NASCAR Xfinity Series race.

●  Herbst’s fourth-place finish equaled his previous best finish at Phoenix – fourth, earned in both of the 2021 races.

●  Herbst finished fourth in Stage 1 to earn seven bonus points and eighth in Stage 2 to earn three more bonus points.

●  Custer earned his third top-15 of the season and his sixth top-15 in seven career NASCAR Xfinity Series starts at Phoenix.

●  This was Custer’s sixth straight top-15 at Phoenix. He finished second in his last start at the 1-mile oval in November 2019.

● Custer finished sixth in Stage 1 to earn five bonus points.

● Custer led two times for 38 laps to increase his laps-led total at Phoenix to 44.

 

Race Notes:      

●  Sammy Smith won the United Rentals 200 to score his first career NASCAR Xfinity Series victory in 13 starts. His margin over second-place Ryan Truex was .641 of a second.

●  There were 11 caution periods for a total of 69 laps.

●  Thirty-three of the 38 drivers in the race finished on the lead lap.

●  Austin Hill leaves Phoenix as the championship leader with a 30-point advantage over second-place John Hunter Nemechek.

 

Sound Bites:

“We had a fast No. 98 Monster Energy Ford Mustang today. Probably the best car that I’ve had at Phoenix. Man, I wish we could’ve gotten up front. I had fun though. You’re always racing for a win, and that’s what we did. We found some luck there at the end and ended up with our first top-five of the season. I’m proud of this team and how far we’ve come.” – Riley Herbst, driver of the No. 98 Monster Energy Ford Mustang

 

“The day started off strong, but we really struggled after we got back in the dirty air. Our No. 00 Haas Automation Ford Mustang was fast when we got out in front of everyone and had clean air, but we just couldn’t get the balance right as the race continued. We’ll regroup and come back stronger at Atlanta.” – Cole Custer, driver of the No. 00 Haas Automation Ford Mustang

 

Next Up:

The next event on the NASCAR Xfinity Series schedule is the RAPTOR 250 on Saturday, March 18 at Atlanta Motor Speedway. The race begins at 5 p.m. EST with live coverage provided by FS1 and SiriusXM NASCAR Radio.

 

TSC PR

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The Royal Palms Shuffleboard Club at 514 Union St. in Brooklyn has had a cancer-causing airborne contaminant in the air for the past two years, but the state regulators took a year to notify nearby residents.

The New York State Department of Environmental Conservation took a year to alert Gowanus Canal residents about toxic fumes rising into the building that houses the popular Royal Palms Shuffleboard Club in Brooklyn, according to documents reviewed by Gothamist. Despite being discovered by the DEC nearly two years ago, the airborne hazards at 514 Union St. have not been widely communicated.

The DEC had documented indoor air pollution concerns at the venue beginning in March 2021 that involved a cancer-causing chemical called trichloroethylene or TCE, an industrial solvent used in manufacturing that’s resistant to degradation. The 21,000 microgram per cubic meter concentration of trichloroethylene measured under parts of the building is more than 10,000 times the allowable amount under New York State Department of Health guidelines, according to monitoring results from the DEC.

Click here to read more.

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According to the report, the top pollen contributors are trees, particularly oak, pine, sweet gum, juniper and sycamore.

“As the temperatures outside continue to rise, so will the pollen count,” Atlanta Allergy and Asthma stated in a press release.

To provide some relief, the practice gave a few tips on how to survive these high pollen counts:

●     Keep car windows closed and run the air conditioner on the recycled setting to keep cool.

●     Change or clean air filters regularly.

●     Shower before going to bed. According to the release, pollen can get onto your hair, clothes and skin.

●     Wear sunglasses to keep pollen out of your eyes.

●     Take off your shoes when you get home.

●     Wash off your pets’ paws and wipe down their fur with a damp cloth when they come in from outside.

●     Spend time outside before noon when pollen levels are usually lowest.

●     Take allergy medicine before spending time outdoors.

For more information and updates on daily pollen counts, visit www.atlantaallergy.com. 

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Located in Newport, River Metals Recycling (RMR), a subsidiary of Nucor (NUE, NYSE), annually obtains a “pollution permit.” It is issued by the State of Kentucky EPA. This “pollution permit” allows RMR to pollute our air and our Licking River (here, I will focus on our air quality).

Only recently, after numerous complaints from citizens choking on noxious odors and clouds of smoke, the State EPA has finally begun to use their power and hold RMR accountable. In the last six months, the State EPA has twice found RMR to be in violation of their air pollution permit. This is called a “Notice of Violation” or a “NOV” in governmental jargon. (As an aside, it is virtually impossible to determine the punishment, if any, that RMR might receive from these two NOV’s.) This is just a beginning; much more is needed.

Photo provided of smoke pollution taken during regular operations of River Metals Recycling

In a prior column, which can be found here at the NKyTribune, I cited the United States Environmental Protection Agency’s 2021 EPA Enforcement Alert”, EPA310-F-21-003 which in part reads:

“The U.S. Environmental Protection Agency (EPA) is publishing this enforcement alert (Alert) because EPA and state investigations have identified Clean Air Act violations at metal recycling facilities that operate auto and scrap metal shredders, causing excess emissions of air pollution.”

Also in that column, I promised some examples of hammer-mill shredder operators (the exact machine used by RMR) that have begun changes which will comply with the Federal Clean Air Act. The following three examples are from the above cited EPA Enforcement Alert:

• “Schnitzer Steel (California) owns and operates a facility in Oakland, CA. On February 3, 2021, the California AG announced a settlement with Schnitzer. The settlement requires Schnitzer to pay $4.1 million in penalties, implement supplemental environmental projects, and make significant changes to its operations and practices. Schnitzer will install two regenerative thermal oxidizers, a temporary CEMs, and an acid control system by December 2022.”

• “Sims Metal Management New England Corporation (SMM) owns and operates a scrap metal shredding operation that uses a 7,000 hp shredder in Johnston, RI. EPA and Rhode Island found that SMM constructed a new major source of VOC emissions without obtaining a permit and without installing required emission controls. In September 2020, SMM entered into a settlement that requires the company to pay $250,000 in federal penalties and $2 million in state penalties. In addition, SMM will install a control train consisting of an enclosure, fans, pollution controls to reduce particulate matter, a regenerative thermal oxidizer to reduce VOCs, and an acid gas scrubber.”

• “Prolerized New England Company (dba Schnitzer Northeast) own and operate a scrap metal shredding operation that uses a 9,000 hp shredder in Everett, MA. Massachusetts found that Schnitzer Northeast was a major source of VOC emissions needing to install best available control technology. Schnitzer Northeast entered into a settlement with Massachusetts and paid a penalty of $900,000. Schnitzer Northeast installed a control train consisting of an enclosure, fans, drop out boxes to reduce large particles, venturi scrubbers to reduce small particles, regenerative thermal oxidizers to reduce VOCs, and acid gas scrubbers.”

These three examples have some common components:

• The State EPA, the Federal EPA and the State’s Attorney General all acted in the best interest of their communities. They cited the companies and levied truly significant fines for violation of the Clean Air Act.

• The three recycling companies acknowledged their shortcomings, paid their fines, and made real changes to their operations to reduce and potentially eliminate their air pollution.

Another example is found in this quote from a column in the Star Tribune, February 2023, by Chloe Johnson:

“Northern Metal Recycling, a massive metal shredder……the biggest shredder in Minnesota, crushes up to 350 tons per hour of cars, appliances, and other sources of reusable metal. Shredding the scrap metal risks fouling the air with a range of pollutants, including particulate matter or soot, toxic volatile organic compounds (VOCs) and mercury. Northern Metal (now) funnels its air through two filters and a special heater and plans to add a new system to control acid gases.……No other metal shredder in Minnesota is capturing its air in a building, let alone filtering it.”

But the pollution in Minnesota persists. These following examples are so very similar to what the citizens of Newport experience.

“A shredder has operated in New Ulm, Minnesota for years, but it was purchased by Crow Wing roughly 18 months ago. Since then, complaints over noise, vibrations and lingering smoke have increased, the New Ulm Journal reported in November.

Two neighbors and a city official confirmed the site is now shredding far more often than it used to, usually five days a week.

Joe Johnson lives next to the shredder in the house he grew up in and later bought from his parents. Johnson said in an interview that he and his wife are debating whether to leave the home because of the smoke and noise from the metal recycler. His children won’t play outside when it’s running because of the noise. At times, powerful vibrations have made him worry his windows would shatter.

“I don’t think homeowners should have to live next to something like that, especially when they don’t know the health hazards,” he said. “The more and more I read about airborne particulates, the more it scares me.”

Ken Rechtin

Frank Rod Miller, who lives on the other side of the facility, said some of the smoke from the shredder has been yellow- or orange-colored in recent months.”

Meanwhile, Meleah Geertsma, Director, Environmental Justice Policy; Environment, Equity & Justice Center, NRDC (Natural Resources Defense Council) reports that in Chicago things are not much better:

“On the air side, car shredders are not only associated with toxic hazmat fires that can negatively impact air quality for miles. According to the U.S. EPA notice of violation (NOV), General Iron’s shredder (located in Chicago) also emits significant amounts of smog-forming pollutants, which can have impacts on local health as well. Indeed, U.S. EPA cited General Iron for exceeding the federal major source threshold for these pollutants, which is significant given that Chicago is not in compliance with national ambient standards for ozone. Such smog-forming pollutants can occur when the shredder rips apart car components like gasoline tanks. Based on the EPA NOV and General Iron’s state air permits, it appears that the company did not disclose these emissions in its permit applications for its shredders. Tiny particles of metal from the shredder and dust from the facility are also concerns from an air quality and public health perspective.”

It’s about time for our Kentucky officials — Governor Andrew Beshear, Attorney General Daniel Cameron, our State EPA Commissioner Tony Hatton, our State Senators and Representatives and our Federal officials — to enforce the laws requiring breathable Clean Air for all.

The views and opinions expressed here do not reflect the views or opinions of this publication, its owners, writers, or editors. These are solely the ideas and opinions of Ken Rechtin, a resident of Newport. If you wish to contact Ken, he can be reached on his cell at 859-250-2263 or via email at [email protected].

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Originally Appeared Here