Although on any given day there's a lot of competition, the Agency for Toxic Substances and Disease Registry might be the most irrelevant government bureaucracy going. Thursday it announced that the latest installment of its years-long "health consultation" of Midlothian will be the subject of yet another community meeting in that town on Thursday May 24th from 7 to 8:30 at the Midlothian Conference Center. The ATSDR evaluation started in 2005 at the request of Midlothian Citizens when TXI was still burning hazardous waste. It then was the subject of a 2010 Congressional investigation that revealed how the Agency mostly neglected to do any real science in the course of its evaluation. This new meeting concerns an analysis of air monitoring information that "will support public health evaluations for many of the pollutants of concern." Of that we have no doubt. Since ATSDR does no monitoring of its own, it's completely reliant on the monitoring done by theTexas Commission on Environmental Quality. Does anyone know of any instance where TCEQ monitoring has shown anything to be concerned about? If citizens complain about getting sick from industrial pollution, it's TCEQ position that it's the fault of anything but the pollution itself. No amount of empirical evidence collected by citizens in the field from their own sampling or experience can convince Austin otherwise. TXI quit burning waste in 2008. ASTDR's evaluation of Midlothian? It just might outlast the plant itself.   Read More

Irony isn't dead. But even it has to sit down and self-medicate when the Portland Cement Association rolls out it annual "Environment and Energy Awards." This year's winners include the CEMEX Louisville Kentucky plant (27,000 pounds of toxic releases in 2010) for its substitution of a a pug screw for the more traditional pug mill, Titan's Troutville, Virginia plant (13,882 pounds of toxic releases in 2010) for it's excellent cub scout tours and self-interested quarry expansion PR campaign, and Holcim's Theodore, Alabama plant (1, 037 pounds of toxic releases in 2010) for burning tires and plastics.  We are not making this up.   Read More

Here's a story from Florida about the Brooksville Cemex cement plant's new permit that displays the quintessential spin from the cement industry about their transformation into garbage burners. 1)The headline uses the preferred industry term of "alternative fuels" instead of garbage. 2) It leads with all the feel-good fuzzy bio-garbage like peanut shells and wood chips. Only further down do they let you see the rest of the list -  "including plastics, carpet, roofing materials and wood treated with creosote. Included, too, are so-called engineered fuels such as cleanup debris from natural disasters, processed municipal solid waste, dried and sanitized sewage bio-solids, noninfectious hospital materials, expired pharmaceuticals and confiscated narcotics." 3) It makes sure you know that this new garbage burning will shrink the plant's carbon footprint and lower emissions of toxic chemicals like Mercury - but the plant will not be amending its operating permit to reflect those proposed decreases. 4) for all the talk of "alternative fuels," the plant is mainly still burning coal and tires, both of which it's been burning for a long time. The largest expense of running a cement plant is fuel costs. The industry is always finding a way to cut those costs. In the 1980's and 90's it tried turning cement kilns into hazardous waste incinerators by getting paid by polluters to burn their crap for less money than the pros. That met with quite a bit of public resistance and new regulations that made it harder to keep doing that. So now the industry is pivoting toward a laundry list of  "non-hazardous" wastes - municipal garbage, sewage, medical waste, plastics, car interiors - garbage. Except that anyone who's ever studied the the history of American  garbage incineration - and there's quite a history - knows there's nothing non-hazardous about the practice. Just because a waste isn't classified by EPA as a "hazardous" waste coming in the front door doesn't mean it doesn't emit hazardous air pollution when it's burned or carted off as ash out the back door. And even thought there's a lot of boasting about emission decreases, the industry isn't backing up that talk with real cuts in their permits. Places like Midlothian, home of three huge cement plants, and a concentration of cement manufacturing unmatched anywhere else in the US, are looked upon as nothing but large "landfills in the sky" to both waste producers and the cement plant operators themselves. TXI's Midlothian plant, directly south and upwind of DFW, just received a new permit "amendment" last June that allows them to burn the same kind of  long list of garbage as the Florida kiln. They got this without any public notice or hearing or anything. None required as long as TXI promises, cross their heart, that the emissions won't increase above what they are now. And if they do? We won't even be able to know for sure until a test burn that will occur after they start burning garbage - they can wait up to a year to do the testing. This is why public participation is an over-arching issue in Texas now. Without it, there are no checks and balances. Only more experiments taking place in your lungs.   Read More

In an excellent follow-up to its "Poisoned Places" series, the Center for Investigative Reporting focuses on a Lehigh cement plant in Tehachapi California that has seen its Mercury emissions skyrocket from just over 100 pounds a year to 872 pounds in 2010 – the most of any cement plant in the Golden Gate state and the second-highest among all cement plants in the United States. For comparison, all three Midlothian cement plants just south of Dallas reported a total of 86 pounds of Mercury released into the air in 2010, 50 pounds of which comes from Ash Grove's ancient wet kilns. Relatively speaking, it looks like we're a little better off.  Except the Ameristeel Steel Mill (formally Chaparral Steel) right across the street from TXI's cement plant released 606 pounds of Mercury in 2010. That's s lot. It's also a warning sign that could eventually affect TXI's numbers. The kiln has received a new "permit amendment" nt subject to any public participation to burn Auto Shredder Residue (ASR) from Ameristeel - basically all the non-steel parts of a car after they've been through an industrial blender. This waste could have a lot of Mercury (from switches in older cars) in it as indicated by the Steel mill's emissions of the poison. When TXI burns it, that Mercury will be coming out of its own smokestack. New EPA cement plant emission standards being implemented starting in 2013 will require controls for Mercury and other pollutants at all US kilns and they're causing a once-in-a-lifetime modernization of an industry that still relies on a lot of technology from the last century that was never updated. Jane Williams, California's #1 citizen Kilnhead and the folks in Chanute, Kansas that Downwinders has tried to help get a shout-out in the piece, as does Jim Pew with the EarthJustice legal team, who've been indispensable in bringing the industry into the 21st Century kicking and screaming.   Read More

This is not a story that will ever make national headlines. It hardly even got a respectably-sized article in the town where it's taking place. But for beat-down citizen-soldiers of the air wars looking for proof that their own local battles can affect national policy, it's a tale worth telling. Yesterday, the Department of Justice and EPA announced a settlement agreement with a multinational cement company called ESSROC. Among other things, the agreement calls for the pilot testing of advanced Selective Catalytic Reduction (SCR) pollution control technology at ESSROC's two obsolete wet kilns in Logansport, Indiana. Wet kilns like the three at Ash Grove's Midlothian plant. It will be the first demonstration of this remarkable technology on wet kilns anywhere in the world. Last year, DOJ reached a similar agreement with LaFarge Cement that's requiring a pilot test of SCR on a dry kiln in Illinois. Those results are due by July, 2013. The results from the wet kilns in Indiana will be due by May, 2015. This will be about the time the DFW area is trying to assemble a new clean air plan to reach the just-announced ozone standard of 75 parts per billion. We'll have pilot tests of SCR on both types of kilns in Midlothian, and Downwinders will be using those tests to advocate finally requiring SCR on all Midlothian cement kilns. In use in European cement kilns for a decade, SCR - basically a huge industrial size version of the catalytic converter every US car has - has been proven to reduce emissions of smog-forming Nitrogen Oxides by 90% or more, while also reducing Particulate Matter pollution, metals, and dioxins. It's considered the gold standard of kiln control technology. When it does end up in Midlothian, SCR will be coming back to the kilns and people that are responsible for its import into the US. That's because Downwinders was the first citizens group in the country to began advocating the use of SCR in cement kilns - way back in the year 2000, as part of a DFW anti-smog plan. Impossible the state and cement companies said. Too expensive. Not technically feasible. We didn't win, but we kept up with information about the technology. A couple of years later, our modest assistance to a group of citizens fighting a proposed Holcim cement plant right on the banks of the Hudson in New York gave us access to their hired engineering expertise, which had done its own technical review of SCR in Europe. We took that information and made it a basis for a demand in our own settlement with EPA and TCEQ over the failed 2000 DFW air plan to do an independent review of SCR for application to the Midlothian kilns. That 2006 study is still the only study of its kind in the nation. Much to TCEQ's lasting chagrin, that report confirmed that SCR was technically and economically feasible for application on the Midlothian cement plants. TCEQ has done its best to run away from that report every since, even having its staff perjure themsleves in state legislature testimony about its conclusions, but it got published and distributed nationwide. Other states and engineers read it, and are still using it. During this same time Downwinders, with the help of funding acquired through yet another settlement, hired its first ever technical expert, a young engineer from SMU named Al Armendariz. One of his jobs was to review the SCR report we'd generated and collect more data on the track record of the technology in Europe. By the end of his stint, he was somewhat of an expert on cement control technology, especially SCR. And then he went to go to work as the Regional Administrator of EPA. As it happens, EPA was in the middle of a national enforcement initiative involving the entire US cement industry. Many of the violations that were found revolved around illegal and excessive emissions of Nitrogen Oxides. Downwinders pressed for SCR pilot tests as part of these agreements. In January, 2010 EPA and DOJ announced the LaFarge settlement requiring a first-ever US pilot test of SCR. In discussions with EPA Midwestern staff afterwards, it was clear that the TCEQ report and Downwinders's efforts were well-known and provided the technical evidence to help drive the settlement talks toward including an SCR provision. Yesterday' announcement of a new round of SCR pilot-testing indicates that influence is still being felt.....Did we need luck? Absolutely. Did we make our own luck? Absolutely. We were opportunistic as hell. We advanced the cause at every turn. We fit square pegs into round holes. Unrelated developments got pulled into relationships that built on previous steps because we saw a path that nobody else did. We slowly built the technical and political scaffolding we needed. And these last two years have seen the fruits of that strategy. What began as a demand for a specific control measure for a local DFW clean air plan has now brought the entire US cement industry to the brink of using a control technology that could bring massive reductions in pollution nationwide. This is a story about the un-sexy, un-Erin Brockovich way of grinding out incremental social change with small groups of very persistent people. And it's the way progress is made most of the time. Want to change the world? Start in your own backyard.   Read More

On Friday, the DC Court of appeals upheld 99.99% of the EPA's 2008 emission rules of cement plants against a challenge by the Portland Cement Association of America. With the help of our friends at EarthJustice, Downwinders at Risk intervened to support the rules, which we worked hard to pass, including rallying 200 people to an all-day EPA hearing at DFW airport in 2008 that saw testimony from citizens from 9 am to almost 9 pm. These new standards will significantly reduce Mercury, Particulate Matter, and Hydrochloric Acid emissions from the nation's cement plants by requiring the same basic minimum standards for a variety of air pollutants. The only thing the court ruled that EPA needed to do differently is re-visiting the requirement for enclosing the piles of finished clinker product on a plant site, but that will not delay the implementation of the standards. This is the last major legal hurdle for the rules, which take effect in September 2013. Many operators of obsolete wet kilns have announced plans to close rather than face expensive modernizing to meet the EPA standards, although Ash Grove's Midlothian plant isn't one of them so far. Meanwhile, House Republicans are still busy trying to add a rider to the payroll tax bill President Obama wants to sign that would prevent these emission standards from being implemented on schedule.   Read More

Twenty-two years ago, Congress deemed 200 kinds of chemical air pollution so toxic as to require strict enforcement and regulation of their release on a strict schedule in a speedy way. That hasn't happened. It hasn't happened in a spectacular, why-don't-we-all-have-jet-packs-yet kind of way. The Center for Public Integrity follows up last week's "Poisoned Places" collaboration with NPR with a great dissection of why the current system of regulating toxic threat is outdated and overwhelmed. It's the best argument for why new chemicals should be required to prove their benign effects up front - BEFORE they get released into the marketplace and we all become lab rats in someone else's experiment.   Read More

Word comes that the 100 year-old LaFarge Fredonia Kansas wet kiln cement plant is closing. There's no current good count, but that must leave less than a dozen such wet kilns left in the entire country. There's no doubt that the recession is to blame for exacerbating the cost disadvantages of these relics, but there's also the new EPA emission rules that are still, despite Republican and and Industry opposition, scheduled to take effect in the fall of 2013. For a couple of wet kilns like those in Fredonia to try and comply would mean a very large investment in new pollution control equipment like scrubbers, a new baghouse, and maybe even SNCR for a facility that is already inherently inefficient and more costly to run. This is the same dilemma faced by DFW's own Ash Grove wet kiln cement plant in Midlothian, whose Kansas-City based owners haven't yet indicated whether they will close it or choose to upgrade its circa 1965 operation. For the amount of new equipment that would have to be installed, there would probably be at least a year to 18 month construction and start-up. Meaning that if Ash Grove isn't doing some heavy duty remodeling by this Spring or next Fall, you can pretty much count them out. What the company may be waiting on, along with the rest of the cement industry, is to see whether President Obama is re-elected. If he's defeated, then you can be sure the new EPA rules, despite already being promulgated, would never be implemented, and Ash Grove can continue to operate its ancient plant without having to do a thing. If he's in for another four years, they're stuck with the rules, and probable closure. Don't think voting makes a difference?   Read More

Throughout most of the last 15 years, various Downwinders board members have traveled east to testify to Congress or the EPA about the public health harms of living adjacent to a cement plant. Many times it's been on behalf of the emission standards passed in 2008 that were the first national industry air pollution standards Our name and situation are well-known among congressional staffers of those members of Congress trafficking in environmental and public health issues, like the esteemed Henry Waxman (D-Ca) former Chair of the House Commerce and Energy Committee. So it wasn't a complete surprise when Waxman used a graphic illustration of what's at stake with the House Republican plan to roll back the 2008 cement plant emission rules by enlarging the picture of the Baxter Elementary School's proximity to Holcim's cement kilns in Midlothian and using it in Wednesday's floor debate over the Cement Bill Regulatory Relief Act. Still, it's nice to know we're still he poster child for these rules.  Read More