Not specific to Lancaster or York Counties, there are several class action lawsuits against New
Indy Containerboard LLC related to air pollution issues in NC & SC.
The following information comes from the 9/17/21 Newsletter of SC State Senator (District 16) Michael Johnson
While
I may not be in Columbia every week I continue to hold regular
conversations with DHEC officials about New Indy and the odor we have
had since January. As you may know I sent a letter to New Indy demanding
that they fix this issue on July 28th. This past week, an attorney with
New Indy reached out to me to discuss their ongoing efforts to remedy
this problem.
Last Friday I also had the
chance to do a Zoom conference with the 4th District Director of the
EPA, Senator Wes Climer, and Congressman Ralph Norman. The call lasted
for about an hour and I had the opportunity to ask several questions.
Here are a few things I learned from the call:
As of last week there have been
over 33,000 complaints made to DHEC regarding New Indy. The EPA and DHEC
have been focusing on the hydrogen sulfide levels, but both are
monitoring other emissions as well. The EPA has an ongoing investigation
and are in the midst of a Clean Air Act Inspection. That inspection has
not been completed and the EPA made it clear that they do not discuss
ongoing inspections and investigations. When I asked for a timeline to
complete this inspection I was told that they were working on it but
could not give a definitive date.
During the call we also
discussed that the EPA issued an Imminent and Substantial Endangerment
Order (ISE) against New Indy. Since the mid-1990's the EPA has only
issued 12-13 of these, so they are taken very seriously. The ISE Order
only last 90 days and at that time they requested a judge that it be
extended until New Indy is in compliance with all aspects of the Clean
Air Act.
As many of you know, on
September 2nd New Indy exceeded the fence line monitoring limits. The
EPA and DHEC are working with New Indy to determine the exact cause and
the processes that failed leading to the issue.
The EPA Director stated that he
believes they will fix the issue at New Indy, however it was going to
take time. He stated that New Indy needs to install equipment and
possibly change processes to permanently correct the problem. I
specifically asked about monitoring beyond the fence line, especially as
it relates to emissions from the stacks. The EPA is looking at the
stacks, testing what is being emitted and using modeling to determine
where it settles. That is still an ongoing investigation.
As
I said earlier, in addition to talking with the EPA I have begun to
have discussions with an attorney for New Indy. I, and Congressman
Norman, will be touring the plant today, Friday, September 17th. We will
both push New Indy to make the needed changes and correct the issues
cited by DHEC and the EPA. I am encouraged by New Indy's engagement, and
believe they are beginning to move in the right direction. That being
said, there is much work to be done.
I will update everyone following my visit to New Indy and my next conference with DHEC officials. Please
continue to file complaints with DHEC when you notice the smell or have
symptoms that you believe are related to your exposure. You can file a
complaint by clicking HERE. DHEC also issues weekly reports which can be found HERE.
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