Title X Takes a Bite Out of Grime!
In June 2004, Cincinnati City Council restored the city’s own Clean Air Act, also known as “Title X ” (of the municipal code). Title X prohibits pollutants like dust, fumes, or odors that jeopardize public health or quality of life. The City contracted with the Hamilton County Department of Environmental Services to investigate and report on environmental complaints originating within city limits.
Cognis Odors a “Public Nuisance”
The vast majority of Cincinnati’s air pollution complaints originate in the Winton Place/Winton Terrace neighborhood. In 2005, county authorities traced 59 complaints to Cognis Inc., a chemical manufacturer along Este Avenue. One release resulted in a school evacuation. City authorities also documented a spate of fire runs to the facility. Despite diligent and concerted efforts by city and county authorities and by the local community to gain improved performance, the problems and attendant complaints continued into 2006.
This July, the City of Cincinnati filed an enforcement action against Cognis for the continued odor problems and for the school evacuation. The City declared Cognis’ 2005-2006 odor releases a “public nuisance” because of their “intensity, duration, geographic spread, and repetitiveness” and assessed a $25,000 fine. Cognis had to submit a compliance plan in August and has until year’s end to remedy the offensive odor releases.
Reliable Castings Fined $1000.00
In 2005, ECO intern Jessica Lewis performed a door-to-door survey on local environmental concerns. She encountered a local family unable to let their children play in the backyard because sand from an industrial facility was raining down into their yard. After the county’s investigation, the City of Cincinnati determined that Reliable Castings' “broadcast [of the particulate matter] substantially interfered with the comfortable enjoyment of life, health, property, or safety” of their neighbor. In July, under Title X, the City issued a notice of civil offense, a declaration of public nuisance, and a civil fine of $1,000.
Additional Title X enforcement has moved forward this year. Should negotiations over corrective actions at other plants wear thin with delays and excuses, additional actions would result.
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Cincinnati’s Environmental Office Re-instated
In 1997, Cincinnati's Office of Environmental Management (OEM) was awarded the Governor’s Pollution Prevention Award. OEM had worked with the Highway Maintenance Division to convert from solvent-based paints to water-based paints for highway line striping, thereby eliminating the need for harmful cleaning solvents and the generation of hazardous waste. They partnered with the Institute of Advanced Manufacturing Sciences to complete pollution prevention assessments at 10 local businesses and implemented a public education program on pollution prevention and waste reduction. Good things were happening in Cincinnati.
In 2003, in a stunning reversal of fortune for the OEM and of commitment by city leadership, Cincinnati’s City Council disbanded OEM citing budgetary concerns. On Earth Day 2006, Mayor Mallory announced that a city environmental office would make a comeback. “Cincinnati used to be known as a national leader on protecting the health of our citizens from dangerous environmental conditions. It is time to make citizen’s health a priority once again,” Mallory said.
On July 31, scores of residents attended hearings to urge the City to reconstitute an Office of Environmental Quality (OEQ). A few days later, the Council passed an OEQ Resolution that “the environment including land, air and water is made a priority in Cincinnati by establishing an Office of Environmental Quality in the 2007-2008 budget ...” The OEQ Planning Group established by Mayor Mallory and Councilmember Crowley identified the following objectives for the proposed OEQ: 1.) enforce regulations & laws, 2.) assist in remediating brownfields, 3.) assist, educate, and refer queries to appropriate contacts, 4.) develop & recommend coherent policy, and 5.) monitor hazards.
The City Administration must now propose funding levels for the OEQ. The budget will go to the Mayor this fall for review and any revisions. The Mayor will submit his version to City Council for review, to
make any changes, and for final consideration and approval of the 2007-2008 budget, hopefully, before their winter holiday break.
If you would like to nudge the City Council along on this issue, check out their vote and let them hear from you.
Use Email or call the City Hall Info Desk at 352-5200
How Your Council Voted on Re-establishing OEQ
Council Person |
Vote |
Email |
Ms. Cole |
Y |
laketa.cole@cincinnati-oh.gov |
Mr. Cranley |
Y |
john.cranley@cincinnati-oh.gov |
Mr. Crowley |
Y |
david.crowley@cincinnati-oh.gov |
Ms. Ghiz |
N |
leslie.ghiz@cincinnati-oh.gov |
Mr. Monzel |
N |
chris.monzel@cincinnati-oh.gov |
Mr. Tarbell |
Y |
james.tarbell@cincinnati-oh.gov |
Mr. Thomas |
Y |
cecil.thomas@cincinnati-oh.gov |
Mr. Berding |
N |
jeff.berding@cincinnati-oh.gov |
Mr. Bortz |
N |
chris.bortz@cincinnati-oh.gov |
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Transitions
Local Plant Cuts Jobs
PMC Specialties Inc., a St. Bernhard chemical manufacturer announced in May that they would be cutting 103 jobs in Cincinnati, closing down most of their operations locally. A neighbor to the facility contacted by ECO said that it was a sad day for Cincinnati and the local neighborhood to lose so many good jobs.
PMC’s notification to the state provides no reason for the closure. However, speculation has centered on unfair competition by China. Cincinnati’s PMC Specialties is a leading U.S. saccharin manufacturer. In 2002, the facility filed a petition with the U.S. International Trade Commission alleging injury by less-than-fair-value imports, the (“dumping”) of saccharin by China. The ruling found that the industry had indeed been injured. The sweetener is now among more than 50 categories of Chinese goods subject to U.S. anti-dumping duties.
China is not only exporting less-than-fair-value imports. According to a recent New York Times article, “One of China's lesser-known exports is a dangerous brew of soot, toxic chemicals and climate-changing gases from the smokestacks of coal-burning power plants.” American satellite images have tracked sooty clouds as they cross the Pacific to rain down particles on the U.S. West Coast. A terrible cost to America and to American workers has resulted from abuses in global trade, environmental protection, and workers rights. Our local plant may be one of these casualties.
The PMC site was occupied in the 1800’s by the American Agricultural Chemical Company. Sherwin Williams operated a chemical facility there from 1966 to 1985 when PMC Specialties began their operations. Sherwin-Williams had a record of violations regarding the on-site accumulation of hazardous wastes and PMC Specialties handled hazardous materials at the site. So ECO has asked the State of Ohio to ensure that if PMC does fold up shop locally, it restores the site so that that the land can continue to serve as an asset and a resource to our community.
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Just my opinion
AK Reformed Not Redeemed
SOOT STILL FALLS BY AK STEEL: POLLUTION CONTROLS LEAVE NEIGHBORS UNIMPRESSED
Cincinnati Enquirer, July 18, 2006
This spring, Sierra Club and Natural Resources Defense Council reached a legal settlement with AK steel on their Clean Water Act and hazardous waste management violations. AK agreed to pay civil penalties, will clean up of PCB-contaminated sediments from two streams which are tributaries to the Great Miami River and the adjacent floodplain areas, and will perform a full investigation of other contamination at the site. Environmentalists will be allowed to monitor the cleanup and review future sampling results. In May 2006, AK installed air pollution controls removing 7 to 10 tons/week of soot from the basic oxygen furnace. A year ago, in May 2005, emissions controls added to AK’s blast furnace reducing soot by 21 tons/week. Never-the-less, when local media recently asked neighbors if they are satisfied now, the answer for many remained “No.”
The reality is that there is no redemption for industries that have doused their workers in soot and ruined their
neighbors’ health, destroyed their favorite fishing holes, encased their cars and trucks in grime, and caused them to forfeit decades of enjoyment of their homes, patios, backyard pools, and yards. But public pressure and legal requirements have forced AK to reform its behavior, to offer some compensation to neighbors, and to remove contamination. We can’t go back, but we can move forward.
Marti Sinclair, ECO
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Environmental Justice Ordinance
In The Works
Environmental justice (“EJ”) means that all people have a right to a clean and healthy environment. Put another way, minority and low-income neighborhoods should not bear a disproportionate burden of environmental problems and pollution. An EJ ordinance for the City of Cincinnati was proposed by CUFA (Communities United For Action) in 2004 to create more fair treatment of all residents. An EJ Working Group was convened by Councilman David Crowley and chaired by Cincinnati environmental attorney David Altman to hone the draft ordinance. The Working Group met for ten weeks. At the last meetings in late 2005, some thorny legal issues became increasingly evident. These have yet to be worked out. Once a draft ordinance passes legal muster, it will be circulated to the EJ Working Group and then on to City Council for consideration. We’ll keep you posted!
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Cognis: Pollution Up,
Productivity Down
Cognis requires both low and high-pressure steam to support their chemical manufacturing operations and the boilers that produce the steam have been failing. Neighbors have witnessed black smoke belching out of stacks and complaints to authorities about neighborhood air quality have piled up while state enforcement authorities mull over what steps to take.
The experienced union workers who kept Cognis’ aged, cantankerous boilers operational have been out on strike for 18 months and their absence has coincided with a marked downturn in the performance of the boilers. According to the US Department of Labor, boiler operators often serve a four year apprenticeship including 8,000 hours of on-the-job training. Cognis’ inability or unwillingness to end the labor dispute and return their experienced, competent union workforce to their jobs leaves the expectation that smokey days remain ahead.
Poor environmental performance and labor relations have proved a bellwether for more serious problems at Cognis. In public documents, Cognis’ representatives noted, “A large number of unplanned shutdowns from the existing boilers in 2005 led to lost revenues in excess of $6.5 million.” Putting a fine point on the situation, the representative concluded that the “continued unreliability of the existing steam generating capabilities could lead to the shutdown of the Cincinnati Plant” [emphasis added]. Cognis is moving forward on what may be a partial solution to its performance and production problems. They have proposed to install four new boilers as part of a “Steam Reliability Project.” Providing that the new permit to be issued by the State of Ohio does not allow for an increase in emissions, this could be a step in the right direction environmentally.
The permit application has been submitted by Cognis and is now under review by the Hamilton County Department of Environmental Services. But a comprehensive solution including both new equipment and an experienced union workforce could be optimal for productivity and environmental performance as well as the key to ensuring Cognis’ continued local operations.
If you would like to track the progress of this permit application, you may do so online:
http://www.epa.state.oh.us/dapc/pti/ptic.html
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Local Emergency Planning Committee Back on Track
The August meeting of the LEPC saw some encouraging developments for Cincinnati. LEPC funding is in good order and participants are enthusiastic about the community safety projects and efforts that can now be initiated. Several efforts are already underway. The comprehensive Emergency Management Agency, Homeland Security, and LEPC website is being rebuilt to make it more attractive, more informative, and easier to navigate. A web page dedicated to the community’s “Right-to-Know” information necessary to protect their own neighborhood will be incorporated in our new website.
On September 22, there will be an all-day TRANSCAER® Whistle-Stop Tour designed to increase community understanding of the importance of emergency planning, and to provide local emergency response groups an opportunity to receive some hands-on training, demonstrations, and presentations on rail, truck, and chemical information. If you would be interested in attending, please contact Duane Herth at duane.herth@cincinnati-oh.gov
On September 30, there will be a full-scale emergency exercise involving 37 state, local, and private agencies and hosted by the Cincinnati Reds. The exercise will be regional including Southwestern Ohio-Southeastern Indiana-Northern Kentucky (SOSINK)with Cincinnati and Hamilton County serving as the core city and county respectively. If you would like to be a volunteer for this exercise (or know someone who would), please contact Jon Kochis at 263-8300
The LEPC needs community members interested in rebuilding our capacity to serve the needs of the public for emergency planning, communication, and information. The next LEPC meeting is November 1. If you are interested, please contact ECO.
Contact Marti Sinclair, LEPC Community Representative, ECO
761-6140 ext. 28 or marti.sinclair@env-comm.org
Local Emergency Planning Committee (LEPC)
In October 1986, Congress passed the "Emergency Planning and Community Right-to-know Act" (EPCRA). The purpose of the Act was to provide communities a basis to develop a chemical emergency response plan and to provide information to the public so that they could participate in making their communities safer. EPCRA required each state to be divided into Local Emergency Planning Districts and each district to be governed by a Local Emergency Planning Committee.
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Air Quality Complaint Procedure
Call Hamilton County Department of Environmental Services 24-hour Air Quality Hotline to report an odor, smoke, dust or other air quality complaint. The hotline is available 24-hours a day, seven days a week, excluding major holidays.
513-946-7777
