"It was the low IQ test scores by our first
grade students that was the first indication something was very wrong,"
said Bill Owens, President of the Glynn Environmental Coalition. "It was
obvious to us that failure to get a good start in school could be a
significant contributor to the unacceptably high school dropout rate, and
we set out to fix the problem."
On March 16, the Environmental Protection
Agency (EPA) removed from enforcement under the Clean Air Act the Georgia
law, which protects children from toxic air that, "... is injurious or
which unreasonably interferes with the enjoyment of life or use of
property." "Since our children’s ability to learn was being harmed, we
felt that was an injury," said Owens. "We tried to get the levels of the
nervous system suppressing chemicals reduced through the air permits
issued by the Georgia Environmental Protection Division, but they
refused. That is why we petitioned the EPA to enforce the law. The EPA
agreed the law was enforceable, but instead of doing so, the EPA
eliminated oversight of the law."
The U.S. Environmental Protection Agency
decided to delete the decades-old Georgia law from federal enforcement
once citizens sought protection for their children under the law. The
11th Circuit Court of Appeals had agreed to hear the Glynn Environmental
Coalition's complaint about unhealthy levels of toxic air on April 21,
2006. In documents filed with the Court, the EPA wrote, "EPA recently
signed a rule to remove the Georgia Rule at issue in this litigation from
the Georgia SIP (State Implementation Plan). As a result of that action,
the Georgia Rule is no longer an “applicable requirement” under the Clean
Air Act (“CAA”), and EPA can no longer object to CAA Title V permits on
the basis of a failure to include the Georgia Rule and conditions
necessary to assure compliance with that Rule. As such, the action
removing the Georgia Rule from the SIP renders moot Petitioner’s request
that this Court vacate the challenged order so that EPA may make such an
objection. Respondent also requests that the Court delay oral argument,
currently scheduled for April 21, 2006, until after the Court has ruled on
this Motion to Dismiss."
The Georgia Environmental Protection
Division air monitoring station found unhealthy levels of toxic chemicals
in Brunswick’s air near 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 throughout this case. “Instead, they want to put
blinders on and pretend that these polluters exist in a vacuum.”
Brunswick’s population is 60% minority and 28% live below the poverty
level.
"Our efforts to stop unhealthy toxic air
releases next to our schools has been fought by the EPA and the Georgia
Environmental Protection Division," said Owens. "It is shameful for
agencies that are supposed to protect our children's health to protect
polluting industries instead. Our children should not have their future
stolen by not getting a good start in school. The EPA's conduct is
reprehensible."
“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,” said Owens.
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 into the air. When air permit applications
were received from Brunswick industry, the Georgia EPD did not issue
permits. Under Georgia law, polluting industries can operate unregulated
until the air permit is issued, which is called an “application shield”.
Georgia EPD did not issue some permits 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. “Why the Georgia EPD continues issuing air permits
that prevent Brunswick’s air from meeting minimum health-based standards
has never been answered. We suspect the Georgia EPD and EPA did not want
to answer that question before the court,” said Owens.
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