Presented by ECO: Environmental Community Organization

1. Presented by ECO: Environmental Community Organization

2. Polluters RoundupECO’s Right-To-Know Project • A review of federal Clean Air Act compliance for significant air pollution sources in Hamilton County

3. “Significant” Air Pollution Sources • Major: Major source emits (or has the potential to emit) a large amount of a regulated pollutant, from 100 tons per year or less depending on the pollutant toxicity and ambient air quality. (1990 CAA Amendments) • Synthetic Minor: A facility that avoids Major source requirements by accepting permit conditions which limit emissions below major source thresholds. • Federally Reportable Minor: A Minor source subject to Air Toxics emissions limits (Part 61 National Emissions Standards for Hazardous Air Pollutants) OR • Any Minor source which has received an Administrative Order, or Civil Suit in the past two years.

4. Background: Air Quality in Hamilton County

5. Background: Air Quality in Hamilton County

6. Background: Air Quality in Hamilton County “When ozone — the chief component of smog — builds up, it can literally take some people's breath away, filling emergency rooms with gasping asthma patients and sending cyclers, joggers and in-line skaters scurrying home. … Those most vulnerable should stay indoors if possible because high levels of pollution can cause major health problems, according to doctors.” (“Breathtaking smog becoming a dangerous day-to-day hassle,” Randy Tucker, July 17, 2002 Cincinnati Enquirer)

7. Background: Air Quality in Hamilton County The Costs of Nonattainment • The imposition of more stringent emissions limits on local industry • Lost worker days and increased worker health-care costs • Costs to motorists for emissions testing programs • Adjustments in transportation planning to ensure that any new or reconfigured roadways do not interfere with planned emissions reductions • Potential loss of federal monies for highway expansion should the area fail to achieve attainment • Stigma may cost us new or expanded business and industry • Ill health • Medical bills • Shortened lives

8. Background: Air Quality in Hamilton County Cincinnati Public Schools: 84 Summer Vacation Days

9. Background: Air Quality in Hamilton County

10. Polluters Roundup

11. 320, 316, and 106 odor complaints from Hamilton County residents logged in 2005, 2006, and the first ½ of 2007 respectively.

12. Polluters Roundup

13. Polluters RoundupECHO Query Run September 6, 2007

14. Polluters RoundupSignificant Air Pollution Sources* in Hamilton County • Of 124 significant air pollution sources in Hamilton County, • 44 facilities (35%) had operated in violation of the federal Clean Air Act1 (CAA) for at least one quarter over the past 3 years (2004-2006) • 28 had been in violation for 8 or more quarters. • *Major, Synthetic Minor, and Federally-reportable Minor Facilities

15. Polluters Roundup Significant Air Pollution Sources Violating the Clean Air Act (1 or more quarters, 2004-2006)

16. Polluters RoundupNoncompliance by Major Facilities Hamilton County 57% (26/49) Ohio 45% (361/803)

17. Smog: The Grinch that Stole Summertime When ozone — the chief component of smog — builds up, it can literally take some people's breath away, filling emergency rooms with gasping asthma patients and sending cyclers, joggers and in-line skaters scurrying home. … Those most vulnerable should stay indoors if possible because high levels of pollution can cause major health problems, according to doctors. “Breathtaking smog becoming a dangerous day-to-day hassle” Randy Tucker, July 17, 2002 Cincinnati Enquirer

18. Total Number of Smog Days during Each Year from Grades 1-12 for Greater Cincinnati’s High School Graduating Classes Smog: The Grinch that Stole Summertime

19. Smog: The Grinch that Stole Summertime

21. The Grinch that Stole Summertime Facilities Releasing Excess Smog & Smog Forming Pollutants 2004-2006

22. What’s that smell? • Citizen complaints about industrial odors • Registered with Hamilton County Dept. of Environmental Services

23. What’s that smell? • Citizen complaints about industrial odors • Registered with Hamilton County Dept. of Environmental Services

24. Top Odor Suspects2006 to mid-2007

25. Environmental Justice Movement • Background: Nonviolent Civil Rights movement led by Dr. King in the 1960’s.

26. History of Environmental Justice Movement In 1982, residents of Warren County, North Carolina, supported by the United Church of Christ, staged a demonstration in opposition to the siting of a polychlorinated biphenyl (PCB) landfill near the community of Afton.

27. Warren County NC civil disobedience

28. US EPA definition • Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

29. Environmental Justice • All people are entitled to a clean and healthy environment.

30. Cincinnati: % Minority & Regulated Sites

31. Cincinnati: % Poverty & Regulated Facilities

33. Environmental Justice Evaluation CriteriaBaseline DemographicEJ Level Countywide Minority28.8>43.2 (1.5 x Baseline)City Wide Minority47>50 (natural break, see Figure 1)Countywide Poverty13.8>20.7 (1.5 x Baseline)Citywide Poverty21.9>32.9 (1.5 x Baseline)

40. COUNTYWIDE: Comparing Clean Air Act Noncompliance by MAJOR Facilities with Average, Poor, or Minority Neighbors Poor: 73% Noncompliance average Average: 55% Noncompliance Minority: 64% Noncompliance

41. CITYWIDE: Comparing Compliance by MAJOR Facilities with Average, Poor, or Minority Neighbors average Poor: 80% Noncompliance Average: 76 % Noncompliance Minority: 83% Noncompliance

43. Significant air pollution sources and major sources with environmental justice fence line neighbors, poor and/or minority, in both the city and the county, had elevated levels of noncompliance with the CAA.

44. 1-mile radius around Mill Creek Corridor Air Pollution Sources releasing excess emissions in Hamilton County, OH 2004-2006

45. 1-mile radius around North Bend region of Hamilton County showing Air Pollution Sources releasing excess emissions in Hamilton County, OH 2004-2006

46. Net Income, fines, & estimated injunctive relief

47. We recommend a number of improvement to public access to enforcement and compliance information and documents. • We recommend that fines reflect not only economic benefit derived by facilities who fail to comply with the CAA, but also an apportionment of the cost of nonattainment to industry and residents for those whose illegal emissions exacerbate local nonattainment status. • Rigorous enforcement of existing law and additional protections for EJ minority and poverty neighborhoods is needed to stop the abuse and injustice.

48. What ECO Does • ECO provides communities with research and technical expertise on government agencies and industries, focusing on enforcement and implementation of environmental laws. • ECO participates in critical permit and regulatory processes in Cincinnati and Ohio • ECO networks with activists and activist groups to create changes benefiting communities & the environment

49. Happy Trails