Mississippi Chapter
Sierra Club
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Mississippi Chapter Sierra Club |
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Comments on Dupont Retroactive Permitsby Dr. Peter L. deFur Du Pont DeLisle Titanium Dioxide Plant Air Permits May 20, 2004 These two permit applications seek two goals: 1) amend the original 1989 permit that DuPont claims is in error; and 2) apply for approval to expand the existing facility capacity by enlarging boilers. We recognize that the two permits do not represent the complete package of air permits required for this expansion, nor the entire set of permits that must be approved for the whole facility. These are but two of several, including the Title V air permit and the landfill and wetland filling (CWA section 404) permits. Notwithstanding the specifics of each permit, there are issues related to the whole facility operation and environmental record that need to be evaluated when MDEQ considers any permit application for a facility of this size and complexity. RecommendationsThe Sierra Club recommends that MDEQ take the following steps:
Specific Comments and Issues:Considering the number of citizen issues, the complaints and the nature and magnitude of community concerns over this facility, the citizens urge MDEQ to establish an effective Citizen Advisory Board (CAB) for the DuPont DeLisle plant that serves the interests of the citizenry. A Citizen Advisory Board is supposed to serve this function, but the present structure does not serve the citizens. A community advisory board needs to hold open meetings that are announced 30 days in advance in the paper, by-laws that empower citizens, membership by representatives from citizen groups (including the Sierra Club), and absence of control by DuPont. The citizens request and should have a 24 hour, toll free phone number to call and report air quality problems. These problems may include odors, dead or dying wildlife at the fenceline, releases of particulate matter, smoke, fog, visibility impairments, auto finish problems or emissions at ground level that provoke any health or environmental condition. The air hotline should be funded by DuPont, not the state or other public sources, and should be operated and maintained either by the state or an independent company/agency that has no ties to DuPont and no financial interest in the plant. This Air Hotline should track the calls by time, date and operator, tracking the time, date and details of the report. All data needs to be backed up and checked, with MDEQ following up on reports of problems at DuPont DeLisle. The data should be reported quarterly in the form of nature of the problem, time, date and location. Use of Landfill Gas: There are a number of issues related to the use of landfill gas from the Pecan Grove Landfill as fuel in the plant, proposed for one or more boilers. These issues need to be resolved before the permit can be given full consideration and the citizens urge MDEQ and EPA to investigate the following matters before making any determination on the expansion permit. The following problems with the plan to use landfill gas need to be resolved: The pipeline for the landfill gas requires at least one permit that should have been part of the air permit process and analysis. The landfill gas and thus the pipeline is an important part of the substance of the air permit and is a material component for BACT analysis.
If all the conditions needed for using the landfill gas in the boiler burner cannot be met, then the proposal to use the gas will fail and the BACT analysis and PSD application as submitted will not apply. The landfill gas pipeline is in the critical path and therefore, must be completed at this early stage of the permitting process. Retroactive Permit: The retroactive permit application requests raising the particulate matter (PM and PM10) emission limit for the #3 boiler from 0.2 pph to 1.2 pph, based on nothing more than a letter from DuPont to MDEQ (Letter of December 11, 1995 from DuPont to Mr. James Dowdy of Air Section, Pollution Control Division). Documents in the files offer no substantive explanation or justification for the request to raise the emission limit, simply the limit was incorrectly set at 0.2 pph rather than 1.2 pph. Some justification and official documentation is needed, including specifications and technical reports from the appropriate parties. Toxic Chemicals: The permit is now incomplete in failing to include the full range of toxic chemicals released by this facility. The permit needs to include the full range of compounds that have been reported by DuPont to EPA for the TRI list. This TRI list of chemicals may not be complete, but we have no monitoring data, stack tests or other direct assessment of the chemical composition of the air emissions, so we must use that which we have- the TRI data. The retroactive and new permits need to include emission limits on these toxic chemicals that are released from this facility. The TRI database (www.epa.gov/tri/) lists the following for the DuPont DeLisle plant, taken from the web site:
See attached Table 1. TRI On-site and Off-site Reported Releases (in pounds), for facilities in All Industries, for All Chemicals, zip code 39571 in Mississippi, 2001. Each of these chemicals can harm human health or the environment under certain circumstances of exposure, concentration, timing of exposure, duration, route of exposure, and other circumstances. The response of an individual person, animal or an ecosystem will depend on the exposure conditions as well as the condition of the person, animal or system. A full elaboration of the toxicity, ecological effects and human health effects of each of these chemicals is beyond the scope of these comments. Several federal agencies have compiled information on the health effects of these, and that information is summarized in the following table, with brief text descriptive summaries following. SEE attached TABLE 2 The following information summarizes health effects and general toxicities of these compounds that are listed in Table 2. The information was found in the sources listed in the last column, denoting the source; the sources are named at the bottom of the table. These effects are largely for inhalation of the compounds because the matter under consideration is the air permit for emission of these compounds. Some chemicals, such as dioxin, exert a range of effects regardless of route of exposure because the effects are chronic and affect numerous systems. Dioxin and dioxin-like compounds: This chemical is a by-product of industrial processes at high temperature in the presence of organic materials and elemental chlorine. Dioxin is never manufactured intentionally, it is always formed in the process of some other high temperature process. Furthermore, dioxin is the general term to refer to an entire group of chemicals, known as chlorinated dioxins and furans, some of which are highly toxic and others have no measurable toxicity. There are 75 different dioxins and 135 different furans. All of which, as well as some PCB’s and some other organic compounds, are grouped together because of structural and functional similarities. All of the dioxins and furans have a similar basic structure, except for the chlorine that is added to the basic organic backbone. The ones that have a certain structure are toxic and act through a common mechanism in biological systems. These compounds exert their toxic effects through a common biological sequence of events. The sequence begins with the binding of the dioxin to a specific protein (called a receptor) inside an animal’s cells. The ability of a dioxin (or furan) to bind to this protein is the way in which scientists measure the toxicity – the more effective binding, the greater the toxicity- just like a lock and key mechanism. The toxicities of the various dioxins and furans (as well as PCB’s and some other related compounds) have been rated by an international panel of scientists (published under Van den Berg, et al., 1998 and explained in detail in EPA, 2000). Most of the dioxin reported by the DeLisle plant is in solid waste, but a small amount is in the air. Also, the form of dioxin is admittedly one of the less toxic ones of the 210 dioxins and furans in this class of compounds. The form of dioxin reported in the largest quantity on the TRI at DeLisle is OCDF (octochlorodibenzofuran) that acts in a manner similar to the others including the most toxic form (TCDD found at Times Beach, Agent Orange) and causes cancer, reproductive, developmental and immune abnormalities as well as metabolic disorders. EPA (2000) reports that many of the effects of dioxin have no threshold, i.e. any dose increases the incidence or risk of the disease. Perhaps the most insidious toxic effect is that dioxin can skip a generation in exerting effects on developing animals. When researchers at University of Wisconsin, Madison, in the lab of Dr. Richard Peterson gave a single small dose to pregnant rats, the male offspring developed malformations and functional disorders that were not manifested until puberty (see papers by Mably et al. for the original research that is also explained in Gallo et al and EPA, 2000). Furthermore, some researchers believe that these effects of reproductive and immune systems can be caused at lower doses than those that cause cancer. EPA does not list a reference dose in the IRIS listing for dioxin because the reference dose is based on the estimated amount of exposure in relation to the exposure that is considered “safe”, yet EPA estimates that the average US resident is now already over-exposed to dioxin-like compounds. The US population has more dioxin-like compounds than considered “safe” by the EPA. Furthermore, EPA (2000) and Schecter (2003) conclude that the most highly exposed individuals are those who live in the vicinity of a source facility; DuPont Delisle is such a source facility. 2,2-Dichloro-1,1,1-trifluroethane: No government data. Barium Compounds: Exposure can lead to difficulty breathing, higher blood pressure, and changes in heart rhythm due to myocardial physiologic and metabolic changes. Exposure can also cause swelling of the brain, loss of reflex speed, and muscle weakness. It has been known to alter the sexual cycles of animals, as well as increase the weight of kidneys, liver and spleen in test animals. Beryllium Compounds: Airborne beryllium has been shown to be fatal to monkeys at doses as low as 0.184 mg/m3. Exposure can enlarge the heart, alter adrenal gland function, decrease liver serum protein, cause degeneration of hepatocyes within the blood, and cause hyperplasia in the lymph nodes. Over time, exposure to the lungs can cause lesions within the lungs, severe inflammation, and emphysema. Chronic exposure to as little as 0.006 mg/m3 of beryllium has lead to an increase in lung cancer rates. Carbonyl Sulfide: Exposure can irritate the eyes and skin. No government studies have been performed to evaluate the risk of cancer from carbonyl sulfide. Carbonyl sulfide can cause effects similar to those of the related compounds hydrogen sulfide and carbon disulfide, two other industrial compounds. Carbonyl sulfide causes nausea, dizziness, numbness of in the extremities, and faintness. Long-term exposure can cause memory loss and other central nervous system damage. Chlorine: Chlorine has been found to be a lung irritant at low doses and it causes direct damage to the entire respiratory system and to any other membranes it contacts. Chromium Compounds: Chromium, in particular chromium (IV), can cause respiratory distress and asthma, while also causing ulceration of the nasal septum. Inhalation has also brought about pneumoconiosis, pneumonia, and nasopharyngenal pruitis while increasing the risk of respiratory cancer. Exposure has been found to cause leukocytosis and leucopenia. Within the liver, chromium can cause derangement of cells, lymphocytic and histocytic infiltration, and necrosis. Long-term exposure also increases the risk of cirrhosis. Over 70% of pregnant women exposed to chromium during one study suffered from birth complications. The presence of as little as 1% manganese oxide can favor the formation of chromium (IV) over chromium (III). Cobalt Compounds: Low levels of exposure have been shown to cause irritation in the lungs as well as increase coughing and the incidence of asthma. Higher concentrations can cause pulmonary edema, lung tissue damage, incidence of lung polyps, decreases in body weight, and lower red blood cell counts. Studies have also shown that cobalt can cause necrosis of the thymus in the brain and increase the chance of congestion within brain blood vessels. Long term exposure can cause atrophy within the testes along with decreased sperm motility while increasing the risk of cancer. Copper Compounds: Copper has been shown to decrease hemoglobin levels and lower respiratory efficiency. Co-exposure to lead and zinc can lead to greater levels of both compounds, and in the case of lead increase the incidence of neurological effects as well. Hexachlorobenzene: Chronic exposure can lead to liver disease with associated skin problems. Exposure can alter protein function within the blood and kidneys. The EPA lists this compound as a probable human carcinogen. Hydrochloric Acid: Exposure irritates mucus membranes and or skin. Higher levels of exposure can cause severe burns. Long-term exposure can cause chronic bronchitis and possibly even developmental problems. Lead Compounds: Well known to cause a vide variety of neurological problems ranging from tremors to memory loss. Children are particularly vulnerable to these effects, and exposure can cause long term irreparable damage to learning capabilities. Lead exposure also increases almost all types of non cancer related deaths (kidney, lung, and in particular heart diseases). Widespread reproductive and developmental problems have also been reported. Manganese Compounds: Known to cause necrosis, tubular lesions, cell swelling, metabolic acidosis, and glomular lesions within the kidneys. Other effects include lower blood pressure, muscle weakness, and lipid peroxidation which is linked to cell death. Exposure can also lower various blood proteins, even long after the exposure. Reproductive effects such as impotence and lower sperm viability have also been reported. The most well documented side effect of manganese exposure is a neurological condition known as manganism. This disease is caused by chronic exposure to manganese compounds and is similar in effects to Parkinson’s disease. In most cases it is degenerative and nonreversible. Co-exposure of manganese and lead can increase the neurological effects of each compound. Mercury Compounds: Exposure to mercury has been well documented to affect the reproductive and developmental processes of exposed species (for instance causing mental retardation and hyperactivity). In addition to these effects, mercury has been shown to cause brain, hepatic, and renal necrosis. Fibrosis of the lungs can also occur, along with tremors and dense deposits of the metal in renal cells. The EPA lists this compound as a possible human carcinogen. Methyl Ethyl Ketone: Methyl ethyl ketone, also known as 2-butanone, can cause respiratory irritation in addition to renal and hepatic congestion. The compound also affects the CNS, decreasing mobility and causing tremors. Developmental effects such as birth defects and lower birth weight have also been reported. Nickel Compounds: Inhalation exposure primarily affects the lungs with inflammation, labored breathing, alveolitis, degradation of the olfactory epithelium, and necrosis of lung tissues. Exposure also lowers immune response and causes dermatitis. Effects on the reproductive system such as sperm abnormalities and developmental problems such as lower birth weight and higher mortality rates for newborns have also been reported. Exposure to nickel compounds have also been linked to higher cancer rates. Soil and water pollution may also be problems associated with air releases. One study found that over 40% of nickel compounds released from a 381m stack settled within 60km of the site. Octachlorostyrene: Listed as PBT by EPA in 2001 TRI. Pentachlorobenzene: Limited data has shown increases in liver and kidney weights, and a reduction in heart weight. Tremors have been associated with exposure as well. It is not known if pentachlorobenzene causes cancer. Polychlorinated Biphenyls (PCBs): The toxic effects of these compounds have been well documented for many years. Exposure causes a wide range of developmental problems such as mental retardation and decreased motor skills, as well as reproductive problems like lower fertility rates and higher chances of miscarriage. Immune systems of exposed animals are greatly depressed, and the liver and kidneys are affected as well to a lesser extent. PCBs have also been linked to higher cancer rates. Some of the PCB’s also act through the same mechanism as the dioxin-like compounds and have been assigned toxicity values by the international scientific community (see Van den Berg 1998). Sulfuric Acid: Can cause skin and eye irritation (burns at higher exposure levels) as well as fatigue and headache. Low level exposure can erode teeth. Higher exposure levels can also cause increased airway resistance, labored breathing, and hemorrhaging in the lungs. Titanium Tetrachloride: Titanium tetrachloride is highly irritating to mucus membranes and can increase the instance of bronchitis and pneumonia. Exposure can lower ventilating capacity, and inhaled TiCl4 can actually become embedded in the lungs as titanium dioxide. Long term or acute exposure can lead to the formation of lung polyps. At room temperature TiCl4 can react with copper to form copper titanium chloride (CuTiCl4), and also readily reacts with all ketones, such as methyl ethyl ketone that the DuPont plant emits. Toluene: Toluene affects a wide variety of systems, from respiratory to reproductive. Exposure can cause lung irritation, pulmonary lesions, damage to the tracheal epithelium, and decreased levels of blood lymphocytes. A wide variety of neurological effects have also been reported such as headache, dizziness, memory loss, narcosis, increased dopamine and norepinephrine levels, hearing loss, and depression of cognitive and motor skills. The kidneys are also targeted, resulting in increased kidney weight, necrosis of tubules, and renal cysts. A wide variety of developmental effects have been documented as well such as low birth weight, higher instance of birth defects, and a decrease in fetal hippocampus weight. Vanadium Compounds: Vanadium compounds have been found to cause bronchial irritation and decrease lung function. Lower hemoglobin levels have also been reported. Zinc Compounds: Exposure to zinc compounds have been found to cause fever and chills, headache, nausea, decreased respiratory capability, weaken the immune system, and increase levels of blood leukocytes. Coexposure with copper increases the liver and kidney uptakes of both metals. The presence of zinc also enhances the neurological effects of lead. Summary of Health Issues: Many of the compounds listed above are not volatile and therefore prone to dissipation. The metals, dioxins, PCB’s, are especially persistent, the metals because they are elements and do not volatilize. These compounds will accumulate and persist in the area where they have been released, to the extent that rain does not wash the chemicals into the aquatic systems. If washed into the aquatic systems, many of these chemicals will continue to persist and will not be “attenuated” by the system. Therefore, the amount of these compounds released over twenty-five years and deposited in the communities and ecosystems around the DuPont plant is potentially still in the environment and able to exert toxic effects. The metals in particular have the ability to act on the nervous system and several of the health effects summaries above note the combined effects of several metals. The problem with estimating health and environmental effects from an air plume that contains these toxic compounds as well as the criteria air pollutants (CO, NOx, SOx, PM, Ozone), CO2, water vapor and other chemicals is that the health effects are estimated for individual compounds and single exposure pathways and simple exposure conditions. In fact, the residents and wildlife are exposed to mixtures of compounds that occur under multiple conditions. They face exposures which are chronic (presumably low) levels, and at high levels on an irregular basis when either weather conditions or plant operating conditions, or both cause elevated emissions at ground level. These mixtures and combinations of exposure conditions are not assessed in the EPA IRIS system, air regulations or standards. Reported Effects in the Area: One person who lives a mile away from the plant attempted growing rabbits commercially but had to give up the project. Apparently the rabbits began to drink great quantities of water and gain weight until they all died, seemingly for some unknown cause and prematurely. Several compounds, such as barium, cause weight gain of specific organs. Some of the people around the plant have reported having their teeth dissolve away despite never previously having had dental problems. This condition is a symptom of sulfuric acid exposure. Local fishermen have reported finding fish in St. Louis Bay with lesions and diseases, although these reports do not occur in neighboring waters. Citizens also reported that dead birds were found along the fence line of the DuPont plant. Cumulative Risk Assessment: MDEQ should require an assessment of the cumulative effects of the DuPont Delisle plant on the surrounding community and environment. EPA has recently begun the process of preparing guidelines for Cumulative Risk Assessment as directed by Congress. This type of assessment is exactly what is needed here to include the consequences of the whole plant on the entire community – the people, the animals and plants that surround the facility. EPA has developed the initial report on conducting Cumulative Risk Assessments, and now the agency is drafting working papers on how to conduct specific aspects. MDEQ can and should follow EPA’s lead with regard to the cumulative risks from this facility. The bottom line is that these emissions have continued for 25 years, with the toxic chemicals accumulating in the soil, water, animals, plants, and people who live in the vicinity. Groundwater is contaminated with a plume of organic solvents and heavy metals. Storm water discharge flows untreated into Bay of St. Louis at times. There are problems with one of the deep injection wells. Citizens report dead birds at the fence line, white dust spilling out of trucks that carried waste to a 16th Section landfill, citizens report damage to their car exteriors from emissions, and the plant reports upset releases of titanium tetrachloride. The plant has violated their permit conditions and exceeded the allowable releases of several compounds. Regulatory Issues: The DuPont DeLisle facility needs more scrutiny, a tighter permit with more inspections, more frequent and unannounced inspections , and stack monitoring. The citizens urge the MDEQ or EPA (or both) to monitoring air quality at the fenceline during the week and on the weekend. Citizens have reported that the emission plume and production is greater on weekends and the MDEQ offices for reporting air problems are closed on weekends. This facility is one that needs more regulation, not less, based on its history over the past twenty-five years. MDEQ needs to set a schedule for the DuPont DeLisle Plant to eliminate or severely curtail release of all the toxic chemicals and particularly the PBT’s. The persistent or accumulative ones should be eliminated entirely – including: Dioxin in all its forms, Mercury, Lead, Manganese, Berylllium The MDEQ should require an environmental assessment that includes soil samples, sediment samples in the Bay of St. Louis , animal tissue samples from the Bay and from the land areas. The MDEQ should require emission monitors/stack monitors for the full range of chemicals in order to provide more accurate information on what is in the air emissions. According to Mississippi Air and Water Pollution Control Law, Section 49-17-36. Violations; penalties. Failing to satisfy any air permit “shall be punished by a fine of not less than $2,500 per day nor more than $25,000 per day of violations.” The MDEQ proposed settlement of $60,000 is not consistent with state law. The minimum fine of $2,500 per day over a 15-year period would amount to about $13.6 million. The $25,000 per day would amount to $137 million. At the public hearing May 6, MDEQ employee Jerry Cain said that the law allowed for mitigating factors to be considered when assessing the fine. However, the law does not provide for anything less than $2,500 per day. The mitigating factors are to consider what amount between $2,500 per day and $25,000 per day should be assessed. The correct fines should be assessed and the revenues applied to the pollution emergency fund should be used to install additional pollution controls at DuPont DeLisle and remediate present problems such as neighboring property owner’s well water being contaminated by manganese, requiring expensive reverse osmosis treatment. Recently acquired correspondence between Region IV EPA, DuPont DeLisle and MDEQ identifies many discrepancies and “outstanding issues” regarding the PSD evaluations on both permits. Given DuPont’s past history of miscalculations in permit applications, use of DuPont estimates and calculations in such as way as to come in just under the threshold for PSD significance levels for SO2, CO and VOC are not to be trusted. DuPont should not avoid doing additional pollution controls when estimates are this close, and rely on estimates by a company with a history of self-admitted failure to even identify and permit all sources of emissions, and a failure to correctly estimate emissions from emission sources that have been permitted. In a letter dated May 4, 2004, EPA Region IV identified numerous problems with both permits. These problems include information for specific emission points, lack of enforceable conditions, failure to place critical elements in the permit as enforceable conditions, disagreement over the applicability of the PSD exemption, conditions in the permit, among others. We agree with EPA Region IV that the DuPont DeLisle facility needs to have permit conditions that require monitoring, that these must be enforceable and that the public must know the timetable and conditions under which the plant will be operating. The public is especially concerned over the monitoring requirements, and urge MDEQ to require stack monitors (CSM) and independent air monitoring. Respectfully submitted, Peter L. deFur, Ph.D. Attached: Table 1 Listing of TRI information from the EPA web site Table 2 Summary of health effects of TRI chemicals CD of documentation of the health effects used to create Table 2 Index of Acronyms: ATSDR. Toxicological Profile for 2-Butanone. 1992. ATSDR. Toxicological Profile for Barium. 1992. ATSDR. Toxicological Profile for Beryllium. 1992. ATSDR. Toxicological Profile for Chlorinated Dibenzo-p-Dioxins. 1998. ATSDR. Toxicological Profile for Chromium. 2000 ATSDR. Toxicological Profile for Cobalt. 2001. ATSDR. Toxicological Profile for Copper. 2002. ATSDR. Toxicological Profile for Hexachlorobenzene. 2002. ATSDR. Toxicological Profile for Lead. 1999. ATSDR. Toxicological Profile for Manganese. 2000. ATSDR. Toxicological Profile for Mercury. 1999. ATSDR. Toxicological Profile for Nickel. 1997. ATSDR. 2001 Toxics Release Inventory Data for PBT Chemicals(Octachlorostyrene). |
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