EPA Seeking Removal of Georgia Law Protecting Property and Health

by Miriam Perrone

     "For years, the Glynn County Environmental Coalition was outmanned and people were calling the members of the agency 'environmental nuts'.  The sad fact is that they have been right all along even though it was obvious that the federal and state bureaucrats didn't give a damn about our environmental health in Glynn County."

     These strong words, coming from Bill Owens, the newly elected President of the GEC, were precluded by the news that the U.S. Environmental Protection Agency (EPA) and the Georgia Environmental Protection Division (EPD) have issued a two-sentence e-mail stating that they have decided to delete a decades-old Georgia law that protects citizens from the cumulative impact of air pollution from major polluters.

    Brunswick’s population is 60% minority and 28% live below the poverty level.  State monitoring found unhealthy levels of toxic chemicals in Brunswick’s air where seven schools and the local hospital are located.  “We see this continued pattern of the Georgia EPD allowing multiple polluters in the poorest African-American neighborhoods to release thousands of tons of toxic air pollution and then ignoring the cumulative impact that these polluters have on the areas,” said Scott Randolph, who has represented GEC.  On January 27th the 11th U.S. Circuit Court is to hear the lawsauit that GEC is filing against polluters like Hercules and Georgia Pacific that states that there need to be continued permits that restrict polluted emissions.

     “It's a joint motion to stop EPA from changing the law.  We asked the Georgia EPD and EPA to limit release of toxic chemicals in air permits so our air would meet minimum health-based standards,” said Daniel Parshley, GEC Project Manager.   “Now, the EPA wants to change the law so local industry can continue polluting without regard to the overall impact on the community.  This is a shameful continuation of the Agencies' history of doing whatever is necessary to allow unregulated toxic air releases by local industry in our community.”  Before the EPA’s Title V air permitting program was implemented in Brunswick in 2002, the Georgia EPD used loopholes in the law to allow releases of toxic chemicals in the air.  When Hercules sent in air permit applications, the Georgia EPD willingly neglected to issue permits.  Under Georgia law, polluting industries can operate unregulated until the air permit is issued.  This is called an application shield.  Georgia EPD did not issue permits to Hercules for more than 15 years, allowing them to operate unregulated."

     "Georgia laws should prevent injuring people or interfering with enjoyment of life at home, school, and work, but the EPD argues otherwise," states Bill Owens.

     In a short e-mail to the EPA, the Georgia EPD claims they have never used the law.  “Just because the agency has ignored the law for more than 10 years does not mean that it should be removed,” says Scott Randolph. 

     “In short, the fight to force the EPD and the EPA to act to enforce laws that would prevent the polluters from contaminating our air has instead become a travesty," says Owens.  "We are in a desperate fight.  We cannot allow a law to be eliminated that demands that polluters apply and receive permits that limit their pollution.
     "The benign neglect of the EPD has allowed Hercules to feel that our loss can not only be ignored, but can be flung down and danced upon."