Downwinders and Others File Stay Against EPA Over Weakened Cement Plant Rules

buttonSeventeen years and counting – that's how long Downwinders at Risk has been fighting to get the EPA to modernize their rules for waste-burning cement plants. And we're not giving up.

On Wednesday, a national coalition of environmental and community groups that included Downwinders at Risk asked a federal court to stay a decision by the U.S. Environmental Protection Agency to weaken and delay Clean Air Act protection against toxic pollution from cement plants.

By the agency’s own calculations, the delay will cause between 1,920 and 5,000 avoidable deaths and will allow cement plants to release an additional 32,000 pounds of mercury into the environment.

The complete list of groups seeking relief include Cape Fear River Watch, Citizens’ Environmental Coalition, Desert Citizens Against Pollution, Downwinders at Risk,  Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning, PenderWatch & Conservancy, and the Sierra Club, all of which have members who live and work in close proximity to cement plants and have suffered from cement plants’ excessive pollution for many years. Earthjustice filed the stay motion on their behalf in the U.S. Court of Appeals for the D.C. Circuit. A copy of the groups’ motion can be found here: Cement Motion to Stay Rule

Cement plants are among the nation’s worst polluters, emitting vast quantities of particulate matter, mercury, lead, and other hazardous air pollutants.

“As if gutting and delaying the rule were not bad enough, EPA has essentially created a compliance shield for the industry, making it impossible for citizens to hold facilities accountable for their toxic emissions. These changes in the cement rule are irresponsible and reckless,” said Jennifer Swearingen, of Montanans Against Toxic Burning.

“Los Angeles is ringed by cement plants, and three of them operate near my home in Rosamond,” said Jane Williams, of Sierra Club and Desert Citizens Against Pollution. “The pollution from these plants hurts the people in this community and robs us of the outdoor lifestyle we came here to enjoy. We can’t wait two more years to get relief from these plants’ pollution. I don’t want anyone in these communities to be among the people this pollution is going to sicken and kill.”

Our own Midlothian is the cement capital of the United States and so Downwinders at Risk' Director Jim Schermbeck had something to say about the move. “The EPA seems to have learned nothing from having cement plants exploited as inadequate hazardous waste incinerators. As cement plants are once again becoming the nation’s Dispos-All, and new wastes are generating new emissions, the Agency is weakening air pollution controls and making it easier for cement kilns to poison their neighbors. It was wrong to turn kiln into incinerators in the 1980s and it’s wrong to try and do so again in the 21st century – especially accompanied by a roll back in regulations."

In North Carolina groups are fighting a massive proposed cement plant. “A gigantic foreign cement company wants to build one of the world’s biggest plants here,” said Allie Sheffield, of PenderWatch and Conservancy, a group that works to protect the coastal ecosystem in Pender County, North Carolina. “If this plant is built, EPA’s new rule will let it emit twice as much lead, arsenic, and particulate matter into our air and waters. At this point, I have to ask – why do they call it the Environmental Protection Agency?”

William Freese, of Huron Environmental Activist League, lives near what the EPA’s Toxic Release Inventory lists as the dirtiest cement plant in North America for point source pollution. “This makes one wonder how the EPA, in violation of U.S. Court of Appeals’ order, can allow this company to do keep polluting for two more years. By the time they get around to finally doing what’s right, they won’t have any environment to protect,” Freese said.

“Federal law required EPA to put limits on this pollution more than a decade ago,” Earthjustice attorney James Pew said. “But under one administration after another, the agency has refused to put limits in place. Real people suffer as a result of EPA’s scofflaw behavior, and now they are going to court to say ‘enough is enough.’”

The 1990 amendments to the Clean Air Act required EPA to limit cement plant’s emissions of hazardous air pollutants such as mercury. In 2000, a federal court had to order EPA to set these standards after the agency refused to do so.

In 2010, in response to a lawsuit filed by Earthjustice on behalf of community groups living in the shadow of cement plants, EPA finally set the standards that the Clean Air Act had required it to set more than a decade before. These standards would have significantly reduced cement plants’ emissions of soot, mercury, lead, benzene and other toxic pollutants by September of this year.

Rather than acting to clean up their pollution, cement companies attacked EPA’s new rule in court and in Congress. The attacks failed. The court denied their request to vacate or delay the standards, and legislative efforts to do the same failed to gain support on the Hill.

In 2013, however, the EPA voluntarily gave the cement industry the very relief it had failed to get in court or in Congress. It delayed emission reductions that were already more than a decade overdue for another two years, until 2015. Additionally, EPA weakened particulate matter standards and eliminated requirements that would have required cement plants to monitor and report their emissions to the public.

Citizens are down but not out. And we will never rest until we see cement plants regulated the way they should be when they burn so many different types of waste. We can fight this fight because of your support over the years. Please help us keep fighting by putting a bill in the tip jar. We need your help to raise our 2013 budget to keep our staff in the field working for your lungs. Thanks.

Your’re Downwind of Lots of Burning Trucks

Burning TruckA funny thing happened to Dallas Morning News automobile columnist Terry Box while he was out test driving a new Dodge pick-up truck – it self-immolated and burned to ashes on the side of the road. As he writes about it, his experience is both funny and terrifying. But something he noted in how cars and trucks are made these days caught our eye:

"Open the hood of your late-model car or truck, and you’ll see a half-acre of plastic — actual engine pieces like valve covers, caps and containers for various liquids.

Thirty years ago, most of the pieces under the hood were metal and resistant to fire.

A fire in a modern vehicle burns fast and furiously. What’s intact for the moment can be gone or enveloped in toxic smoke in a matter of seconds."

Yep. When we've described the lovely new cement additive called ASR – Auto Shredder Residue – we've often talked about all the vinyl seats, dashboard and switches that get stipped out of a car and shredded, then thrown into a cement kiln. We really haven't talked about all the plastic in the engine compartment that would also be included in this new "fuel" that  TXI has already been permitted to burn at its Midlothian cement plant.

As more and more of every car is made of "soft materials" – that is, not metal – more and more of it becomes fodder for cement kilns. This is material that could be recycled but isn't, and as long as it's cheaper just to burn it, there won't be amrket for recycling it.

Here's the thing, burning plastic creates bad kinds of pollution, including the creation of Dioxin, one of the most potent posions ever discovered by science.  The same "toxic smoke" Terry Box saw pouring off of his burning Ram pick-up is created when you throw the same plastic parts into a cement kiln. The cement industry would like you to think that all of that is taken care of by the polluton control measures installed at the kilns, but it's not. There's no real time Dioxin montoring, much less any kind of monitoring for the host of other exotic fumes coming off burning plastic of various kinds. They barely even know what or how to test for such pollutants, but that doesn't keep the cement industry from marketing its kilns as "Long, Hot, and Good for America"™

If you're an old-timer, you might remember an earlier episode or two that occurred when the cement industry, including TXI, assured everyone that it could burn hazardous waste and make it completely disappear into water vapor. Remind us, how did that turn out?

“Statistically Significant Increase” in Risk of Dying from Cancer in Towns Near Incinerators

You know that argument you sometimes hear about how those ecologically-minded Europeans are burning everything in incinerators and cement plants, so it must be OK to do it here? Maybe not so much.

In one of the most ambitious and far-ranging efforts of its kind ever attempted, the newly-published results of a 10-year study from Spain's national Center for Epidemiology looked for 33 different kinds of cancer in dozens of Spanish communities that hosted "waste incinerators and installations for the recovery or disposal of hazardous waste." They found "a significant higher risk from all cancers in towns near these industries."

Cancer impacts were greater around waste incinerators and scrap metal operations – you know like the three giant Midlothian cement plants upwind of DFW that are burning larger and larger amounts of industrial wastes and the steel mill across the street from them melting scrap cars.

Researchers used standard computer modeling to estimate what cancer rates should be in the host communities and then compared them to what they actually were.

"Excess cancer mortality was detected in the total population residing in the vicinity of these installations as a whole and, principally, in the vicinity of incinerators and scrap metal/end-of-life vehicle handling facilities, in particular. Special mention should be made of the results for tumors of the pleura, stomach, liver, kidney, ovary, lung, leukemia, colon–rectum, and bladder in the vicinity of all such installations. Our results support the hypothesis of a statistically significant increase in the risk of dying from cancer in towns near incinerators and installations for the recovery or disposal of hazardous waste."

There has never been any kind of systematic study of cancer rates around and downwind of the Midlothian cement plants. From the Texas birth defect registry we know that certain reproductive organ birth defects that are associated with pollutants known to have been released from the plants are higher than the state average in Ellis County.

This study, as well as the recent warnings of the federal Agency for Toxic Substances and Disease Registry about the public health dangers of the pollution coming from the Midlothian cement plants arrives at a time when the plants are gearing up to add plastics, car interiors, and other kinds of garbage to their lists of "fuels" that will be burned. After losing the fight to be able to burn hazardous wastes willy-nilly in cement plants, the industry is turning to industrial and municipal garbage that can produce many of the same worrisome kinds of pollution. This is what makes the EPA rules governing the emissions of the nation's cement plants – rules that are still in play – so very important.

Hell Freezes Over: Why the New Federal Report on Midlothian Matters

Everything in italics and "quotation marks" below is a direct quote from the latest chapter of the ATSDR's (Agency for Disease Registry and Toxic Substances) "health consultation" on the impact of certain kinds of industrial air pollution on the local population.

You should take five minutes to glance over the sentences. They've taken a better part of a decade and a great deal of citizen persistence to make it to print. You can read them now only because of a petition to ATSDR by local Midlothian residents, spearheaded by Sal and Grace Mier in 2005, prompted the Agency to get involved.

They're also rarer than hen's teeth. Because the words actually come together in sentences to conclude human health was likely harmed by the pollution from Midlothian's three cement plants and steel mill, as well as recommend decreasing that pollution.

Among grassroots activists, ATSDR has a notorious reputation for issuing reports that are "inconclusive by design." The joke is that the agency never met a facility it couldn't learn to live with. And sure enough, previous chapters in this saga have disappointed. Just two years ago, ASTDR's shoddy work in investigating health impacts in Midlothian and elsewhere across the country was the subject of a Congressional hearing.

These ATSDR reports generate no new data. Instead, they are retrospective looks back at the available sampling/monitoring information and a piecing together of possible exposure paths and levels. As such, they're only as good as the data they can digest. In Midlothian's case, that means they're completely dependent on state monitoring – criticized by citizens for years as being inadequate. Nevertheless, with this latest report, citizens have been somewhat vindicated because of what even that inferior sampling revealed.

The health impacts described in this latest report are also limited to what are called "Criteria Pollutants" – old school substances like lead, soot, sulfur dioxide, and ozone that have been regulated by the Clean Air Act for decades. They do not apply to more exotic kinds of air pollution like endocrine disruptors, which there's little or no monitoring for at all.

So there are a lot of missing pieces, but the ATSDR's conclusions and recommendations have an impact on your lungs and maybe your own local fight, even if you don't have a Midlothian zip code. For the first time a federal agency known to avoid coming to any conclusion about anything was forced to say that human health was adversely affected by the operations of industry in Midlothian.

There's a public meeting on this report on December 6th from 7 to 8:30 pm at the Midlothian Conference Center.

Health Consultation/Assessing the Public Health Implications of the Criteria (NAAQS) Air Pollutants and Hydrogen Sulfide MIDLOTHIAN AREA AIR QUALITY MIDLOTHIAN, ELLIS COUNTY, TEXAS
NOVEMBER 16, 2012 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Toxic Substances and Disease Registry
Division of Community Health Investigations

Recommendations:

"Texas Commission on Environmental Quality (TCEQ) should take actions to reduce future SO2 emissions from TXI to prevent harmful exposures."

"TCEQ should take actions to reduce future PM2.5 emissions from TXI and Gerdau to prevent harmful exposures."

"TCEQ should continue efforts to reduce regional ozone exposures."

"TCEQ should insure that levels of these air pollutants do not increase to levels of concern in the future."

"TCEQ should conduct ambient air monitoring to characterize exposures to persons located downwind of the Ash Grove and Holcim facilities and take actions to reduce SO2 emissions from these facilities if harmful exposures are indicated."

"TCEQ should conduct appropriate ambient air monitoring to characterize exposures to persons located downwind of the Ash Grove and Holcim facilities and take actions to reduce PM2.5 emissions from these facilities if harmful exposures are indicated. In addition, particulate matter monitoring is needed in residential areas that are in immediate proximity to the facilities’ limestone quarries."

"In ATSDR’s judgment, one notable gap in monitor placement is the lack of monitoring data for residential neighborhoods in immediate proximity to the four industrial facilities, where fugitive emissions (those not accounted for in stack emissions) likely have the greatest air quality impacts."

Human health was likely harmed, and is still threatened by industrial pollution from Midlothian

From Sulfur Dioxide:

"Breathing air contaminated with sulfur dioxide (downwind of TXI's cement plant and the Ameristeel steel mill) for short periods could have harmed the health of sensitive individuals.ATSDR cannot determine if harmful exposures to SO2 have been occurring downwind of the Holcim and Ash Grove facilities."

"All 24-hour values in Midlothian were lower than EPA’s former standard. However, the World Health Organization’s health comparable guideline is 8 ppb (WHO, 2006). This value was exceeded at both the Midlothian Tower and Old Fort Worth Road stations in most years of monitoring through 2008…"

"Overall, in the years 1999 to 2001, Old Fort Worth Road (monitoring site north of TXI) ranked among the stations with the highest 24-hour average sulfur dioxide concentrations in the state. As sulfur dioxide emissions from TXI Operations decreased in following years, so did the measured concentrations at this station."

From Particulate Matter, or Soot:

"Public health concern is warranted for adverse health effects from long-term exposure to PM 2.5 in Cement Valley"

"In the past (1996–2008), annual average PM 2.5 levels measured were just below the range of concentration proposed by EPA for lowering the annual average standard…Moreover, many of the annual average PM 2.5 concentrations were above the more conservative WHO health guideline (10 μg/m3)."

"No PM 2.5 monitoring data are available to evaluate exposures downwind of the Ash Grove facility. Furthermore, although annual average PM2.5 levels detected at the Holcim monitor indicate possible harmful levels…."

"We estimated that annual average PM2.5 levels in the vicinity of the Gerdau Ameristeel monitor, from 1996 to 1998, could have ranged from about 22.6 to 26.4 μg/m3, which is above both the current and proposed EPA standard. Using EPA’s approach, the 3-year average level might have been above the NAAQS standard of 15 μg/m3 for these years in the vicinity of the Gerdau Ameristeel monitor. Applying this same approach to annual average PM10 data from other monitors suggests that PM 2.5 levels could have been close to the current and proposed PM2.5 standard, especially for the Wyatt Road, Old Fort Worth Road, Gorman Road, and Midlothian Tower monitors."

"Consistent with the other pollutants discussed earlier, the estimated annual PM 2.5 emissions listed for these facilities are among the highest for Ellis County and also rank high among industrial sources statewide."

From Lead:

"Past lead air exposures during the period 1993 to 1998, in a localized area just north of the Gerdau Ameristeel fence line, could have harmed the health of children who resided or frequently played in this area….In the mid-1990s, the lead levels measured in this area ranked among the highest lead concentrations measured statewide."

From Smog:

"Scientific studies indicate that breathing air containing ozone at concentrations similar to those detected in Midlothian can reduce lung function and increase respiratory symptoms, thereby aggravating asthma or other respiratory conditions. Ozone exposure also has been associated with increased susceptibility to respiratory infections, medication use by persons with asthma, doctor’s visits, and emergency department and hospital admissions for individuals with respiratory disease. Ozone exposure also might contribute to premature death, especially in people with heart and lung disease. School absenteeism and cardiac-related effects may occur, and persons with asthma might experience greater and more serious responses to ozone that last longer than responses among people without asthma."

"The Midlothian Tower site recorded ozone concentrations above the level of the NAAQS for several years (TCEQ, 2011b), and the Old Fort Worth Road site has been measuring ozone concentrations close to the level of the NAAQS. Based on the data from both monitors, from August 1997 to September 2011, the 8-hour EPA ozone standard has been exceeded 236 times."

From Breathing Multiple Pollutants:

"ATSDR believes that sufficient information exists to warrant concern for multiple air pollutant exposures to sensitive individuals, especially in the past….The ability of the scientific community to fully and quantitatively evaluate the health effects from the mixture of air pollutants people are exposed to is at least ten years away (Mauderly et al., 2010)……The current state of the science limits our ability to make definitive conclusions on the significance of simultaneous exposures to multiple criteria air pollutants. ATSDR’s conclusions are based on our best professional judgment related to our understanding of the possible harmful effects of air pollutant exposures in Midlothian and our interpretation of the current scientific literature; therefore, these conclusions are presented with some uncertainty."

From New Production:

"Reductions in SO2 levels in Cement Valley have occurred since late 2008 resulting in exposures to both sensitive individuals and the general public that are not expected to be harmful. These reductions may be caused, in part, by declining production levels at local industrial facilities. Future harmful exposures in Cement Valley could occur if production rises to at least previous levels and actions are not taken to reduce SO2 emissions."

 

Regulatory "Safe Levels" Very Often Aren't

"Past SO2 exposures were not above the Environmental Protection Agency (EPA) standard in place at that time but were above the current standard."

"Past lead air exposures were not above the EPA standard at that time but were above the current standard.…The scientific community now believes that the current standard (15 μg/m3) for fine PM (measured by PM2.5) is a better indicator of possible long-term health effects from PM exposures than was the former EPA annual average standard for PM10 (EPA, 2006b)."
 

30 Years After They’re Banned, PCB’s Still Making It Hard to Have Kids – In Texas

Another argument for the implementation of the Precautionary Principle.
 
PCBs (polychlorinated biphenyls) are chemicals that were used as coolants and lubricants in electrical equipment for 50 years. They were banned in the US in 1979 because of their severe toxicity. Although they're no longer manufactured, PCBs are still present in older products, such as caulking, oil-based paint, floor finish, older automobile electrical systems, and insulation.
 
PCBs persist for years in the environment — in soil, water and the food chain — as well as in body fat and breast milk. PCBs are endocrine disruptors, that is, they can alter a person's hormone system at even small levels of exposures.
 
And now we know that over 30 years after they stopped being manufactured, PCB's are making it harder for couples to have children, including in 12 counties in Texas.
 
That's the conclusion of a new extensive $10 million National Institue of Health study that's the largest of its kind ever done.
 
Researchers enrolled 501 couples from four counties in Michigan, and 12 counties in Texas, from 2005 to 2009. The couples were part of the Longitudinal Investigation of Fertility and the Environment (LIFE) study, established to examine the relationship between fertility and exposure to environmental chemicals and lifestyle. An earlier analysis from the LIFE study found that high blood levels of lead and cadmium also were linked to pregnancy delay.
 
Those couples that had the highest PCB levels in their bloodstream had the most difficult time conceiving, 20% harder on average.
Exposure to these pollutants is known to have a number of effects on human health, but their effects on human fertility — and the likelihood of couples achieving pregnancy– have not been extensively studied.
 
"Our findings suggest that persistent organochlorine pollutants may play a role in pregnancy delay," said the study's first author, Germaine Buck Louis, Ph.D., director of the Division of Epidemiology, Statistics, and Prevention Research at the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD) at NIH.
 
Dr. Buck Louis added that individuals may limit their exposure by removing and avoiding the fat of meat and fish, and by limiting the consumption of animal products.

The study was published online in Environmental Health Perspectives and is available online at http://ehp.niehs.nih.gov/2012/11/1204996/.
 
Think the problem is only with leftover PCBs? Think again. PCBs are part of a category of chemicals known as persistent organochlorine pollutants (POPs) and include industrial chemicals and chemical byproducts as well as pesticides. In many cases, the compounds are present in soil, water, and in the food chain. The compounds are resistant to decay, and may persist in the environment for decades. Some, known as persistent lipophilic organochlorine pollutants, accumulate in fatty tissues. Another type, called perfluorochemicals, are used in clothing, furniture, adhesives, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire. This stuff is all around us. As are other endocrine disruptors.
 
And is this a good time to remind you that the Midlothian cement plants have all put in permits to burn more industrial wastes, including the shredded remains of older cars?

Even Low-Level Cadmium Exposure in Womb Can Lead to Lower IQ

By way of the Environmental Health News comes word of a new study looking at the effects on low-level, "ambient" levels of the toxic metal Cadmium on 5 year-olds in Bangladesh. 

Although the exposure pathway in the study assumes the Cadmium is coming primarily from a diet of food grown in contaminated soil, the results speak to the possible effects of any kind of risk – inhalation or ingestion.

"Prenatal exposures to the metal cadmium — even at low levels common in most countries — can have long-lasting effects on children's IQ. A study from Bangladesh found that 5-year-olds who were exposed through their mothers to higher levels had IQs that were 2 to 3 points lower than less-exposed children. The new evidence suggests that even low-level exposures before birth may have continued effects on children's brain function.On average, scores dropped by 2 to 3 points in children with the highest exposures when compared to those with the lowest exposures. Even small drops in IQ may affect a child’s ability to succeed at school and work later in life. Lower IQ's across the population also have large impacts on society."

Cadmium is a naturally-occurring metal contaminant found at low levels in the environment. Industry uses it to make batteries, coat and plate plastics and other metals, and make paint (remember Cadmium Red?). It's also emitted by car exhaust, the burning of industrial wastes, coal, and oil. When spread on fields, fertilizers and sewage sludge contaminated with cadmium can increase levels in cropland soils.

What are some possible local sources of cadmium in the air? The Midlothian cement plants that are now increasingly burning industrial wastes. Steel mills  – like the Ameristeel one in Midlothian. Lead smelters like the one Exide is closing up at the end of the month in Frisco, along with the slag and battery chips the smelter "landfarmed" in Frisco for decades. These are all in addition to the Cadmium you may be ingesting through your diet or by sucking on that cute charm bracelet you bought that was made in China.

 

2nd TCEQ Clean Air Plan in Four Years Fails, Leaves Air Dirtier

For the second time in four years a state-designed clean air plan to bring safe and legal air to DFW residents has failed, missing its goal by an even wider margin than on its first try, and leaving local air quality worse than when it started.

November 1st marked the official end of the eight-month 2012 ozone season. According to the Texas Commission on Environmental Quality, or TCEQ, its plan was supposed to deliver record-breaking clean air to DFW this summer on its way to bringing the region into compliance with the Clean Air Act for the first time in two decades.

 
Instead, six of the 20 ozone monitors in North Texas recorded levels of smog at or above the now-discarded 1997 standard of 85 parts per billion (ppb), while 17 of them recorded violations of the stricter new health- based 75ppb standard that will take effect in 2018.
 
Clean air activists were anything but surprised.
 
They accused the state plan of being designed to fail by a politicized TCEQ to avoid any new pollution controls on industry at a time when Governor Perry was running for President. Relying mainly on new car sales projections, TCEQ engineers assured local leaders that pollution levels would go down as older vehicles were traded-in for newer, cleaner ones.
 
"Since this 'plan' primarily rested on the hope that lots of people would buy new cars, no serious-thinking person thought it would work " said Jim Schermbeck of DFW-based Downwinders at Risk."Unfortunately, after 12 years of Rick Perry's leadership, the TCEQ is in short supply of serious-thinkers."
 
The margin of error between what TCEQ computer modeling predicted pollution levels would be at DFW air monitors in 2012, and the actual levels of smog they recorded this summer is over  20% at some locations.
 
The average error of all 20 monitors is 10 ppb. None of the 20 area monitors came closer than 4ppb to reaching its predicted TCEQ target.
 
A first attempt at reaching the 85ppb target fell short in 2009 -10, but gave the region its lowest-ever smog readings, albeit still illegal. Since then, air quality in DFW has been getting worse, not better.
 
In fact, air pollution is worse now than when the state started drafting its latest plan in 2010. Two years ago, there was only one monitor recording violations of the 85ppb standard. This year there are six.
 
"Only TCEQ could write a clean air plan that actually makes the air dirtier," remarked Schermbeck.
 
Some of the critical numbers from 2012 were slightly lower than 2011, when North Texas smog levels reached seven-year highs. The slip was large enough to allow Houston to retake a share of the title of "Smog Capital of Texas" that DFW claimed solely for itself last year.
 
In 2012, DFW has a rolling three-year worst average of 87ppb of ozone while Houston clocked in at 88ppb. Houston had 17 days over the old 85ppb limit. DFW had 12. But while Houston experienced 28 days when it was in violation of the new stricter 75 ppb standard, DFW recorded 36. A third of DFW's 20 monitors were over 85ppb. Only a fifth of Houston's 47 monitors were. Likewise, 85% of the monitors in DFW had violations over 75ppb – the same as 2011, while Houston had 87%.
 
Perhaps just as embarrassing to TCEQ as its continued failure to get DFW into attainment with old federal smog limits is Houston's continued backsliding. After a period of progress that saw it reaching compliance with the 85ppb ozone standard in 2009, things have going backwards ever since.
 
Like DFW, Space City was supposed to be on its way to meeting the new standard, not struggling with trying to meet the 15-year old one. Clean air plans for both regions to meet that new 75ppb standard will have to be drafted by the state and submitted to EPA by 2015.
 
Schermbeck said for any new DFW clean air plan to be successful, it must do more to reduce pollution from East Texas coal plants, the Midlothian cement kilns, which are applying for new permits to burn industrial wastes, and the smog-forming pollution caused by natural gas mining and processing
 
"TCEQ continues to underestimate the impact of industrial sources of pollution while overestimating the impact of car pollution. It's all about blaming drivers and ignoring the smokestacks and flares."
 
Schermbeck pointed to the fact that over the last three years, the location of monitors violating the 85 ppb limit has moved further and further east as gas drilling has moved in the same direction. 
 
After being confined to one or two northwest Tarrant County sites, the number of problem monitors has risen to half a dozen and reaches all the way into central Dallas. A TCEQ monitor near Mockingbird and I-35 violated the 85ppb standard for the first time since 2005.
 
Schermbeck speculated that the state hadn't adequately estimated the air pollution impact of new gas facilities in the Barnett Shale itself, as well those being built southeast, or directly upwind, of DFW. He blamed TCEQ's monopoly on the computer modeling that drives the entire air planning process for painting a deceptively cleaner future.
 
"Garbage in, garbage out. As long as this TCEQ is exclusively in charge of the little black box that spits out the results, you're always going to get more political answers than scientific ones. Local officials must understand this and begin to search for their own expertise. Austin just isn't a reliable source of information or advice on how to fight smog."

“You got your fracking fluid in my cement!” Kiln Disposal of Drilling Wastes.

It was inevitable. Like chocolate and peanut butter. Like rats and the plague.

Two notoriously polluting industries find solace in each other's ability to scratch each other's dirty, irritating itches.

Cement plants are always looking for ways to get paid to burn other people's garbage. It takes a lot of energy to fire a 20-foot flame at 2000 degrees 24/7 in order to cook rock. It also takes a lot of "additives". That's why cement plants started burning other companies' hazardous wastes in the 70's and 80's. Because of a loophole in federal law, 50-year old cement plants with no modern pollution controls were allowed to charge for burning highly toxic wastes from refineries and chemical plants that were otherwise supposed to be going to fully-regulated hazardous waste disposal sites.

But those official sites cost more to use, and the cement plants cost so little. That's right, cement plants charged these polluters to dispose of their wastes, but not more than the incinerators or landfills with all the bells and whistles of "regulation." In this way, cement plant operators double dip – they don't have to shell out as much for fuel they'd have to buy, and they get paid a profit to be a Dispos-All for industry. And by the way, industry calls this "recycling."

Because of the persistence of Downwinders at Risk and other citizens' groups, this loophole has been slowly but surely closing, meaning less and less hazardous waste is being burned in US cement kilns. From a peak of almost 30 kilns burning toxics in the in the 1990's, we're now down to less than a dozen. But to take the place of this lucrative lost market, cement plants across the country are turning to "non-hazardous" waste to burn. Tires, but also municipal garbage, plastic wastes, used oils, shingles, car parts and other kinds of wastes. TXI's new permit allows the burning of a dozen different kinds of industrial wastes at its huge kiln in Midlothian. 

While these wastes are classified as "non-hazardous," when they come in the front gate of a kiln, it turns out they can release a lot of toxic pollution when they're incinerated. Metals like lead and cadmium and arsenic that don't burn (consult your High School physics textbook) are present. So are PCB's that have Dioxin. But burning plastic or chlorinated wastes means you can generate Dioxins even without having them present in the wastes to begin with. There's also Mercury in some of the wastes from cars that TXI and other kilns wants to burn.

So you have the release of exactly the same kinds toxic pollution you were concerned about with the burning of officially-classified hazardous wastes. But now, it's taking place "legally," – or at least it is until the law hasn't catches-up with the consequences of this kind of low-rent disposal operation. Have a waste you want to get rid of? Send it to your local neighborhood cement plant. They'll burn anything.

Enter the Natural Gas industry. They've been getting a lot of bad PR lately about their own waste problems. They have billions of gallons of what they like to call "fracking fluid,"  and what the rest of us would call "hazardous wastes" that's so toxic it must be disposed of in a deep underground injection well after only being used once, isolated from the rest of the earth's environment forever.  But because of some well-placed loopholes, this "fracking fluid" is not considered "official" hazardous waste under federal rules. It will just unofficially injure you with its toxins.

As it turns out, injecting billions of gallons of "non-hazardous" toxic liquid under extremely high pressure near deep underground faults is a sure way to generate earthquakes. And that's what's been happening. Not only in North Texas, but other places where there are lots of injection wells. There was another small one last night in Midlothian, right down the highway from a large deep injection well near Venus. Along with the fact that most fracking fluid cannot be or is not "recycled" now and can  only be used once before disposal, the fracking fluid generated by the gas industry has turned into an embarrassing sore point.

If only there was some other way the gas industry could dispose of their drilling wastes. If only they could appear to be more environmentally-friendly and save money at the same time……

And there you have the genesis of a happy marriage made in polluter heaven. I have a facility that needs stuff to burn and mix, and I'm not that particular about what the stuff has in it. You have lots of stuff that needs to be burned, er, "recycled" and you spend less when you send it to a facility like mine not specifically built to do that job. Everybody wins!

"The use of drilling wastes and muds is most preferable in cement kilns, as a cement kiln can be an attractive, less expensive alternative to a rotary kiln. In cement kilns, drilling wastes with oily components can be used in a fuel-blending program to substitute for fuel that would otherwise be needed to fire the kiln.

Cement kiln temperatures (1,400 to 1,500 degrees C) and residence times are sufficient to achieve thermal destruction of organics. Cement kilns may also have pollution control devices to minimize emissions. The ash resulting from waste combustion becomes incorporated into the cement matrix, providing aluminum, silica, clay, and other minerals typically added in the cement raw material feed stream.

Recent studies have shown that it is feasible to use such drilling waste as substitute fuel in a cement plant. The drilling mud can be processed by a centrifuge to separate remaining water, compressed by a screw into a solid pump and conveyed.

The cement companies can contribute to sustainability also by improving their own internal practices such as improving energy efficiency and implementing recycling programs. Businesses can show commitments to sustainability through voluntary adopting the concepts of social and environmental responsibilities, implementing cleaner production practices, and accepting extended responsibilities for their products."

For veterans of The Cement Wars of the 1990's this rhetoric is certainly recycled. Cement Plants are Long, Hot and Good for America! Cement plants are the best disposal devices ever. They just make everything go "poof." That's why they were built specifically to dispose of wastes of all kinds  – oh wait. nope. They were built to make cement. But how great is it that they can make an entire sideline business out of dealing with, and spewing toxic chemicals into the environment?

Even though the specific article deals with the Middle East, is there any question that a cement plant in Texas or Pennsylvania, or Ohio won't try to make the case for accepting drilling wastes, if they haven't already? The permit modification TXI received to burn plastics and car wastes from the State of Texas required no public notice at all. Citizens only found out after the fact. There are only about a dozen players left in the international cement market. If they're discussing this in Egypt and Saudi Arabia, chances are they're talking about it in Zurich, Heidelberg, and Midlothian too.

Developments like this are why its important to tell the EPA it's making a big mistake to delay and change its cement plant toxic emission rules. The industry's "inputs" are changing rapidly. Two years is too long. We need the protection of those new rules now.  If you haven't already clicked and sent EPA an e-mail saying you oppose this delay, the "official" comment period is over, but it couldn't hurt for the folks in DC to see your "unofficial" opposition.

It's also a lesson in why "everything is connected." Don't live near a gas well? If you live in DFW, chances are you live downwind of a kiln that could be burning the wastes of gas wells.

Another Waste Fire at a Waste Burning Cement Plant

 

This time in India instead of Utah or South Carolina.

In Coimbatore, plastic and leather wastes stockpiled waiting to be burned as "fuel" at the Madukkarai cement works spontaneously combusted in a three hour fire that did not result in any known injuries at the plant.

However, thick columns of black smoke poured into the sky and that stuff, as the late Dr. Commoner would note, has to go somewhere. A lot of it will no doubt dind its way into the lungs of downwind residents. More than 200 tons of waste was gutted in the fire out of at total twice as large.

Despite local fire officials urging the cement plant to enclose the waste for some time, it had not done so. That is an apparent violation of state law. And readers, will it surprise you in the least to learn that the plant was already a longtime source of complaints from local residents?

Meanwhile the Fire and Rescue Services Department officials pointed out that storing combustible waste materials outside the plant without adequate protection was in violation of the Tamil Nadu fire service rule of 1990.

"It is a violation of section 250 of Tamil Nadu Fire Service Rules 1990 and we will issue a notice to the factory and will give them 15 days to store the waste materials inside a roofed structure with protective walls," said Subramanian.

Residents have been protesting against the cement factory for a long time and have submitted numerous petitions to the district administration. They claimed that the dust and smoke from the factory was causing major health complications, especially for senior citizens and children.

"We have raised the issue on numerous occasions and also submitted petitions to the district administration but till now no action has been taken," said C Palaniswamy, a resident of Kurumbapalayam.

There is a premeditated and orchestrated campaign by the cement industry to allow kilns to become garbage burners of all kinds of wastes. We've seen it manifest itself locally in Midlothian with the TXI permit that allows that plant to burn car parts and plastic wastes.

The more kilns that become gargabe burners, the more garbage of dubious content will pile up at kilns, the more often that garbage causes a fire. We've reported on three just since the summer alone. Being downind of an uncontrolled garbage fire isn't one of the talking points  the industry boasts about when it's trying to sell kilns as the industrial equivalent of Kitchen disposals, but it's looking more like a standard feature rather than an option.

Another Chapter of Cement Kilns As Garbage Incinerators

One of the reasons it's so disheartening to have EPA rollback the deadline for new cement plant air toxics standards and gut the PM pollution provision of those standards is because of the large and fundamental shift in what's being burned is taking place within the industry. Downwinders across the country need the protection of these new rules as soon as possible, as everything, including the kitchen sink, is being thrown into kilns.

There's a determined effort underway nationwide for cement plants to secure new permits or permit "amendments" or "modifications" to burn increasing amounts of municipal and industrial garbage, including lots and lots of plastics. With new regulation of hazardous waste burning in the US taking some of the fun and profit away from that practice, the trend is now headed toward burning all kinds of "solid waste" including hard to recycle bits of municipal and industrial garbage like plastics and car "fluff" – all the non-steel parts of a car or truck, including dashboard, electronics, interiors, brake linings, etc.

Locally, TXI's 2011 permit amendment – given without public notice or opportunity for comment – is the worst example of this national trend, although Holcim and Ash Grove are also burning tires, used oils, and other kinds of industrial waste already. 

Now word comes of the CEMEX plant in Louisville also making plans to burn plastics and other kinds of garbage, but

"…industrial pollution has been an issue in southwest Louisville for decades. The plant is near the coal-fired Mill Creek power plant, and residents have long complained about dust and soot from both.

Denise Allgood, vice chairwoman of the Valley Village Homeowners Association, said she was not familiar with the proposal and said any change involving air pollution is likely to be sensitive.

The (pollution) that’s coming out of that place now is of great concern,” she said. “We’ve been told by the powers that be that’s it’s better than it has ever been, but I would hope that whatever (CEMEX) is considering, they are also considering the health and welfare of the people in this area.”

What could make the problem wortse? Burning plastics that release exotic new chemicals that can hitch a ride on all that old soot and dust. We're entering a whole new era of contamination by incineration once plastics-burning becomes widespread in the nation's cement kilns. That's a big reason why we need the added protection of the EPA rules.