Title V permits are about regulating air pollution at major sources of air pollution for the next five years. This is about a life support system, which we need for survival. Area residents have no choice. We are forced to breathe all the hazardous substances that DEP permits polluting industries to emit into our air. For several years ACE has been addressing our concerns about hazardous air emissions in this community and what we considered related health issues. Recent shocking statistics of increased cancers have verified our concerns about the enormous carcinogens put into our air and our now confirmed health crisis.

The cancer statistics ACE just revealed were available to DEP both from the CDC and the PA Cancer Registry. Still, DEP either did not look or chose not to deal with this information. Either scenario resulted in more harm to the health of more people, which is very evident if you are connected to this community. Ms. Carlini stated previously that “DeMinimis” Emission Increases could be denied in Title V permits if we could demonstrate they would bring harm to the health of people in our community. We believe the cancer statistics alone should say to DEP that all air emissions from such an enormous polluter of such hazardous air emissions should be SIGNIFICANTLY REDUCED, and “DeMinimis” Emission Increases must be denied.

Alarming cancer statistics were reported by the Montgomery County Health Department in January of 1998 (leukemia twice the rate of the entire state of PA, and lung and cervical cancers up to 33% higher than our tri-state area). Our protective agencies blamed the victims. This should have triggered further investigation and a total moratorium on any additional toxic air emissions in this community. In the age of the computer, it really should not have been that difficult to trace cancer, while many other illnesses are more difficult. These cancers were all elevated in the same general vicinity, including childhood cancer. Research that ACE sent to DEP previously documented these same cancers being elevated from air pollution around other hazardous waste sites. DEP chose not to conduct site specific research and proceeded to hand out a permit for more air pollution just two weeks later. Irresponsible decisions from DEP like that have caused our health crisis to get worse and worse.

VINYL CHLORIDE
It is long past time for DEP to take protective action and REDUCE all hazardous air emissions from all Title V permits in the Greater Pottstown Area, but especially from Occidental Chemical, which spews enormous amounts of carcinogens into our air every year. Occidental increased its Vinyl Chloride air emissions by 10,000 pounds from 1997 to 1999. This is an extremely hazardous chemical and a confirmed human carcinogen. ACE has to question the effectiveness and resolve of DEP, our supposed protective agency, when DEP is willing to write a 5-year permit which would allow for shameful over-permitting of such a health threat in such a sick community. This is shameful! It was irresponsible for DEP to allow 200,000 pounds of Vinyl Chloride to be emitted each year in Occidental’s previous air permits, but it goes far beyond irresponsible to allow 200,000 pounds into this air in this community now in a five year permit. We remind DEP that we already breathe air in the TOP 10% in the entire nation for carcinogens released into our air and our significantly elevated cancers reflect the consequences.

What is DEP thinking, or isn’t this “PROTECTIVE” agency thinking at all? It actually should be considered criminal to permit even 130,000 pounds of such a hazardous carcinogen into our air every year for the next 5 years. 130,000 pounds of Vinyl Chloride is more than any other facility emitted in the nation in 1998. Why in the world would DEP allow Occidental to emit 200,000 pounds of Vinyl Chloride EVERY year for the next 5 years? We are angry and tired of being told that these permits reflect no changes, when they should. New information, common sense, and circumstances dictate that there should be significant changes, and these must be REDUCTIONS. When something presents confirmed harm to the health of people not only in our area, but throughout parts of the county as well, it is time for a protective agency to take protective action and make changes. This is especially applicable in a five-year air permit where the air is already in the TOP 10% of the most unhealthy air in the nation.

Vinyl Chloride is ranked the #1 cancer risk in Montgomery County and is found from 10 to 20 times higher than EPA health benchmarks in parts of Montgomery and Delaware Counties, with Occidental in Pottstown the only listed emitter. DEP should know how much damage this chemical can do to our health, and especially our children. In addition to cancer, Vinyl Chloride is suspected to be a cardiovascular or blood toxicant, a developmental toxicant, gastrointestinal toxicant, neurotoxicant, respiratory toxicant, and a skin or sense organ toxicant according to the 1998 TRI Human Health Hazard Information - Chemical Profile. According to ATSDR ToxFAQs, breathing high levels of Vinyl Chloride for short periods can cause dizziness, sleepiness, unconsciousness, and at extremely high levels can cause death. Breathing Vinyl Chloride for long periods of time can result in permanent liver damage, immune reactions, nerve damage, and liver cancer. ACE is aware of many people that live in this community who suffer from all of these symptoms and diseases. However, just based on our severely carcinogenic air and our seriously elevated cancers, DEP should rewrite this 5-year Title V permit to include SIGNIFICANT REDUCTIONS of Occidental’s actual Vinyl Chloride air emissions over the life of this 5-year permit. Vinyl Chloride is listed #4 on ATSDR’s TOP 20 HAZARDOUS SUBSTANCES list. This is a dangerous chemical. Without SIGNIFICANT REDUCTIONS in this extremely HAZARDOUS CARCINOGEN (Vinyl Chloride), our community will not have much hope or chance to recover from this chemical plague you have permitted in this area.

DIOXIN
ACE is appalled that any “protective” agency could have ignored the health and safety of thousands of people by ignoring DIOXIN air emissions when discussing a 5-year air permit for Occidental Chemical in Pottstown, an enormous producer of PVC plastic. We do not want to hear about your rules and regulations which allow this most potent carcinogen and one of the most toxic chemicals ever produced to be ignored in a five year air permit for Occidental Chemical. Ignoring this major DIOXIN threat in a community already facing a serious health crisis is a perfect example of why DEP is an ineffective agency. DEP actually allows us to be hurt instead of trying to get regulations changed or making exceptions for extenuating circumstances, even when it is obvious that the regulations are outdated and unprotective. We are forced to breathe Occidental’s DIOXIN emissions every day. We do not have the luxury of ignoring them. Is DIOXIN a major factor in the significantly elevated cancers? We suspect it is. DIOXIN is a potent carcinogen. This is a dangerous hole of major proportions in the “so-called” protective system.

When PVC is produced or burned, DIOXIN is created. According to Greenpeace, PVC smokestacks create some of the largest DIOXIN problems. While PVC production effects are felt everywhere, people located where DIOXIN is produced are hit the hardest because they are forced to directly breathe the DIOXIN.

EPA says EXTREMELY SMALL DOSES of DIOXIN can result in hazards to human health and the environment. EPA confirms that DIOXIN is one of the most TOXIC carcinogens known to humans. DIOXIN can affect our bodies at parts per trillion. It accumulates and stores in our body fat, resulting in contamination levels many times greater than those found in the surrounding environment. EPA has concluded that levels of DIOXIN currently found in most adults and children, even those who do not live near PVC production facilities like we do, are already high enough to trigger significant health effects. DIOXIN is passed on to our children – our babies are born with DIOXIN their bodies. DIOXIN is not metabolized by humans and our bodies have no defense against it.

What are Occidental’s DIOXIN emissions doing to the people in our area? Perhaps this is another answer to all the staggering cancer increases. But, DIOXIN can also harm us in many other devastating ways. It can impact learning ability in our children and cause decreased IQ and hyperactivity. DIOXIN can cause increased susceptibility to infections in our children exposed to background levels. DIOXIN can impact thyroid and liver functions and cause adverse impacts on human metabolism. DIOXIN can adversely impact developmental and/or reproductive biology. It can cause infertility. DIOXIN has been linked with altered levels of male hormones, miscarriages and infant deaths, birth defects, low birth weight and growth retardation. DIOXIN has been linked with increased diabetes, cardiovascular disease, hypertension, respiratory cancers and soft tissue sarcoma. According to animal studies DIOXIN has been linked to endometriosis, demasculization, and increased susceptibility to bacteria, viruses and immune system suppressions. There can be no question in the mind of any unbiased individual who has seriously evaluated the massive DIOXIN research, that DIOXIN is one of the most dangerous health threats in the world, but especially in this area.

If DEP can not measure DIOXIN releases from Occidental, or if DEP can not guarantee our safety from the ravages of DIOXIN, DEP should not simply IGNORE this threat. With our community already in a serious health crisis, DEP should do the moral, decent, and responsible thing by applying the PRECAUTIONARY PRINCIPLE to this decision concerning a 5-year air permit for Occidental Chemical in Pottstown, where DIOXIN is a realistic and major part of the significant health threat from this major pollution source.

If DEP continues to allow business as usual or increased production at Occidental in Pottstown, our community may be the next community to need to be evacuated like several others in our country from DIOXIN. This is a very real risk from Occidental, but if you add the risk from the medical waste incinerator just ½ mile away, and as many as 4 or 5 other DIOXIN sources within about 5 miles away, the risk of evacuation becomes greatly magnified. Who would pay relocation costs for the tens of thousands of people who may need to be evacuated? This is not a rural area. It is densely populated. We could conceivably lose our only hospital. Entire buildings have needed to be torn down.

DEP, if you do not find a way to protect us from Occidental Chemical’s DIOXIN EMISSIONS, we will hold the individuals associated with this 5-year permit at DEP, as well as the agency itself, responsible for all the devastating health consequences caused to each individual in this community by Occidental’s PVC production. The more Vinyl Chloride air emissions DEP permits over the next 5 years, the more DIOXIN emissions we will have to breathe.

People in this community are severely at risk already. Our bodies have been overloaded with far too much DIOXIN for too many years. Obviously we can’t be healthy with what we are currently forced to breathe. Virtually all of the products made of PVC have safer substitutes available, making our severe health risks from the DIOXIN produced by PVC production at Occidental in Pottstown completely unnecessary and unacceptable. We need DEP to protect us from this devastating chemical NOW in Occidental’s five year Title V permit!

For the viable future of our children and our community, we ask DEP to announce a PVC “sunset” program at Occidental in Pottstown, that would reduce the production and use of PVC to zero over the life of this 5 year permit.

It is significant to note that the information listed below does not include DIOXIN!

Occidental in Pottstown ranks in the top 10% in the U.S. for AIR RELEASES of recognized carcinogens. It doesn’t take a scientist to notice a pattern! Montgomery county ranks in the top 10% for recognized carcinogens into the air also and we have staggering cancer increases. Obviously Occidental is a major factor in all of this. In addition to Vinyl Chloride increases into our air from 1997 to 1999, Occidental almost tripled Acetaldehyde air emissions, another carcinogen. This alone is bad enough, but we remind DEP this is added to two other significant carcinogenic air emissions, Vinyl Chloride and DIOXIN. All of this is added to radiation and other carcinogenic cocktails of major proportions. Our cancer statistics should not be a mystery to DEP or anyone else. The main unanswered question is, what is DEP going to do about it?

According to 1998 TRI Data, Occidental Chemical in Pottstown released air pollution of major proportions. These air emissions have suspected health effects, which we are convinced are suffered by too many people in our area. Just in one year, 1998, Occidental emitted into our air over 200,000 pounds of chemicals for EACH of the following health consequences; Neurotoxicants, Respiratory Illnesses, and those that affect our Skin or Sense Organs. Occidental also emitted into our air well over 100,000 pounds in 1998 for EACH of the following health threats; Cardiovascular or blood toxicants, developmental toxicants, gastrointestinal or liver toxicants, and Reproductive Toxicants.

As horrible as the above information is, there are other unidentified health threats associated with Occidental’s Releases into our AIR in addition to the unknown amounts of DIOXIN. 32% or 67,000 pounds of Occidental’s AIR Releases of Noncancer Health Effects are without the information necessary for safety assessment.

Are these health risks something that area residents can afford to have increased by even one pound? Shouldn’t DEP be requiring REDUCTIONS in all air emissions from Occidental, which is such a known major health threat to such a sick community?

There is no question that the other TRI chemicals, such as Ammonia, Vinyl Acetate, and Hydrochloric Acid are TOXIC and Hazardous. They appear on government’s own regulated and hazardous substance lists, and would not have to be reported to EPA’s “TOXIC RELEASE INVENTORY” if they were not a dangerous threat. We remind DEP that all of it is additive to every breath we take.

‘Criteria’ Air Pollution
“DeMinimis” Emissions Increases are listed in the Title V permit with specific amounts of increases over the life of the 5-year permit, yet DEP and Occidental keep claiming that these are not increases. Amazing! WHY then are they called “INCREASES” in the permit and why are specific amounts listed in TONS of each ‘Criteria’ air pollutant? WHY then did Ms. Carlini say that if we could prove these “INCREASES” could present harm to the health of the people in our community that these “INCREASES” could be denied by DEP?

ACE has included specific evidence in the ‘Criteria’ Air Emission section of this testimony concerning the health harm caused for each of these ‘Criteria’ air pollutants listed to be increased in the Title V permit for Occidental Chemical in Pottstown. We have used government’s own research for our facts about the harm to our health that these pollutants can and do cause. ACE has also produced statistics that show us to already be suffering a health crisis. This should be more than enough reason for DEP to DENY “DeMinimis” emission increases.

However, in addition to ‘Criteria’ air emissions, we are forced to breathe all of Occidental’s emissions at the same time. ACE has produced evidence that the Vinyl Chloride and DIOXIN spewed out into our air from Occidental are more than enough to destroy the health of many in our community, especially our children. One ounce more of any kind of pollutant is too much for the multitudes of people who live too close to Occidental!

In addition, when DEP is not denying that these increases exist in the Title V permit even though they are listed, DEP has referred to “DeMinimis” emission increases as insignificant. If these “INCREASES” are insignificant, why not change them to “DECREASES” in the Title V permit? Wouldn’t that be more fitting and in line with the clear intention of the National Ambient Air Quality Standards of the Clean Air Act?

We request that in the Occidental Chemical and all Title V permits in the Greater Pottstown Area that “DeMinimis Emissions Increases” be changed to “DeMinimis Emissions DECREASES.” We base this request on the fact that we are in a SEVERE NON-ATTAINMENT AREA based on our severely unhealthy air and health standards, the intention of the Clean Air Act to reduce ‘Criteria’ air pollutants, and the significantly elevated illness patterns of people in our community.

We further request that DEP require SIGNIFICANT REDUCTIONS of ‘Criteria’ Air Emissions over the life of this Title V, 5-year permit for Occidental, especially VOC’s. We base this request on our right to clean air under the PA Constitution and DEP’s mission statement to provide for our health and safety and to protect our air.

Title V Permit – 46-00015

Frankly, we were astounded when we realized that a DEP employee actually assists industry and helps to write these Title V permits, air pollution permits, for all these major pollution sources.

Working so closely with the polluting industries, how could DEP possibly be objective? In fact, how could DEP be the public’s watchdog, in this major 5-year permitting decision, when it comes to protecting the public’s air for the next five years?

Why is the public paying to write permit applications for major polluting industries who have massive resources to pay their own employees to do this? This is infuriating! This is a disgrace! It seems to us that it should be DEP’s job to objectively evaluate these 5-year permits for hazardous air pollutants, in terms of their adverse impacts to public health and safety, as well as the environment. If DEP employees are working for these major polluting industries like Occidental Chemical, then they should be paid directly by them.

What a comedy of errors, or were they? ACE has obtained 3 different versions of the draft permit. How are we to know which one we are to comment on? There are significant differences, and in one version while page numbers did not reflect it, an important section was missing. What confusion! In the first place, we would like to know why DEP has made changes to the original draft permit application, requested by the applicant, before the end of the review process for the public. DEP has already rewritten the draft to accommodate Occidental. Some observers have suggested that taking public comment is a farce to the process. While this is about the very air we will be forced to breathe for the next 5 years, public comment apparently means very little to the decision process of DEP. Just as we thought!

This “protective” agency was created to protect the public and the environment from the polluters. Apparently DEP has decided to assist the polluters to get whatever they need instead. This goes beyond danger!

DEP should have made changes to protect the public before the original draft permit was considered. These changes should have required such things as REDUCTIONS, or improvements such as reliable monitoring for these 5-year air permits which will greatly impact air quality and health for the next 5 years. People who live in SEVERE Non-Attainment Areas need special consideration, not boiler plate permits which ignore the contaminated air and sick people. To simply combine existing permits and allow business as usual for the next five years is NOT ACCEPTABLE in an area like ours with significantly elevated serious illnesses.

It should not be the job of the public to defend itself against a chemical plague, such as that which exists in our area. That is what DEP is paid to do. It is no wonder our air is among the most unhealthy in the nation and that we are so sick. We not only have to defend ourselves against the polluters, we also are forced to spend enormous amounts of time, money, and energy to defend ourselves against our own state’s “protective” agency. Ironic! What is really puzzling is that it is your air too!

DEP should be doing the same kind of rigorous evaluation ACE has done for this 5–year permit to determine what kind of improvements need to be made on behalf of public health and safety. WHY isn’t DEP doing what the public expects for their money? WHY isn’t DEP following its own mission statement, which is the purpose of its creation? Writing 5-year air pollution permits that simply combine old expiring permits will force us to breathe even more dangerous air in the next 5 years and more people needlessly suffer and die, including our children. Is this the result DEP wants in this community as a direct result of its permitting decision?

We object to a 5-year air permit, which prolongs the lives of existing permits without a proper evaluation of the situation at hand. DEP is in essence adding air pollution by extending permits. To say you are just combining them is a dangerous regulatory game. Each year of extension adds more air pollution to our already severely contaminated air, no matter how you look at it. Occidental told us there were about 6 permits to be combined, but only sent us 3 (however, we have gotten more cooperation from Occidental, than we have gotten from DEP in the past).

Two of Occidental’s permits would have expired in the fall of this year. That means that the air pollution on these permits would be extended for the full five years and that could mean devastation for the people in our area. For example, in the case of Vinyl Chloride, Occidental would be permitted by DEP to put ONE MILLION POUNDS of this extremely hazardous chemical into our air in the next 5 years if this Title V permit is issued as written. The other permit we obtained would expire in 2002, extending that one 4 years.

EXTENDING EXISTING PERMITS without proper evaluation of all circumstances and exposure health threats is dangerous and thoughtless, especially for one that will last 5 years. That is frightening considering there are many people who believe we are looking at the tip of the iceberg concerning our health threats from the damage that has already been done here by DEP’s previous permitting processes. Now is the time for DEP to REDUCE this threat to our community in the most protective way, despite the fact that should have already been done since DEP was involved in writing the Title V permit. What is wrong with DEP? Why is there no caring or common sense thinking? This is not simply about dotting I’s and crossing T’s on application forms. This is about the health and lives of multitudes of people for the next five years.

These permits should not be extended as they exist for this area. Circumstances have changed drastically, and more knowledge has been gained about the dangers of these exposures, since the existing air permits were issued. None of this information has been taken into account. Irresponsible and negligent permitting by DEP needs to be reevaluated. We urge DEP to join the “TOXIC TURNAROUND” efforts of the public in this area to try to cope with our severe overexposure. We need DEP to DENY ANY INCREASES in this Title V permit as well as require SIGNIFICANT REDUCTIONS. PLEASE help save this overburdened TOXIC COMMUNITY. Our air, our soil, our water, and consequently our health have been severely damaged and in many cases destroyed, by TOXIC AIR RELEASES. It is imperative that DEP help us turn the tide right now. We can not wait 5 years.

ACE requests that DEP answer all specific comments and questions of Tina Daly and Kurt Hepler concerning this permit application for Occidental Chemical.

SECTION B
#017 Authorization for DeMinimis Emission “Increases”
It is clearly stated on Page 18 that the Department may disapprove DeMinimis Emission Increases at any time. ACE urges DEP to disapprove DeMinimis Emission Increases before the permit is issued. Occidental emits into a SEVERE Non-Attainment area. Under the Clean Air Act, National Ambient Air Quality Standards based on health call for REDUCTIONS of ‘Criteria’ air pollutant emissions, especially in SEVERE Non-Attainment areas. This five-year permit is for a major source, if not the largest source, of pollution in this area. It is difficult to understand why DEP would even consider increases of any amount. We can not have even one pound more of any pollutant put into our air from this major polluter of our air. This is the biggest polluter of the most hazardous carcinogen in the county. Occidental also emits enormous amounts of many other dangerous pollutants. Our community is in a health crisis as stated earlier. If authorization for DeMinimis Emissions is left in this permit we request that they be changed to “REDUCTIONS” instead of Increases. Based on all the circumstances, a Title V permit for Occidental that does not include REDUCTIONS of harmful air emissions over the next five years is absolutely unjustified.

While DeMinimis Emissions Increases are listed in this permit in tons per year, total current permitted amounts of each ‘criteria’ air pollutant are not clearly identified. We object! Amounts of each ‘criteria’ air pollutant should be identified in this 5-year permit, so the public can add them up and determine just how much of each pollutant we will be breathing over the next five years.

ACE requests that all permit modifications for this 5-year air permit be required to have full public disclosure, and full public comment on the record at a public hearing. We have no confidence in the ability of DEP to recognize harm to our health in permit modifications. DEP has not paid close enough attention to the full consequences of permit wording or intentions for safe-guarding our future. DEP decisions have led us to the horrific state of our air and our health.

ACE requests that ALL changes throughout this 5 year permit be considered major and the public be notified and given the opportunity to fully participate in any decision making process on the record. Any changes made at the company that would impact the air pollution from this facility need to be addressed by the public. We are referring especially, but not limited to, the changing of fuel.

ACE requests that DEP remove all sections of this 5-year permit, which would permit Occidental to burn toxic Pottstown Landfill gas as fuel. There is no question that Pottstown Landfill gas is extremely toxic. There is no question that what Occidental now emits into our air poses a significant health threat to all those who are forced to breathe these emissions. Occidental would have to triple hazardous air emissions to burn this toxic gas and would be adding still another source of dangerous DIOXIN. We do not believe that Occidental should be permitted to change fuels at such a risk to the public. Over 31,000 people live within just a 2 mile radius of Occidental and many more live beyond. Our only hospital is within ½ mile of Occidental’s emissions. Many people who work at and visit the vast numbers of businesses and professional buildings which are also within ½ mile of Occidental would be exposed to even more. But, most especially, there are very many schools and day care centers extremely close to Occidental’s emissions, which are already too dangerous for these children. It would be absolutely negligent to allow a permit to be written with any loophole that would put the health of all these people, and especially our children, further at risk from the increased hazardous emissions and DIOXIN inevitable from burning toxic landfill gas as fuel. DEP can not let this happen!

DEP relies on the numbers of community phone calls as to whether to come out to investigate an accidental release. WHY? This is not protective action. When an investigation takes place it happens far too long after the release to know the truth. In addition, instead of science, DEP relies on sniffer-certified individuals, not science to determine the facts. How could DEP possibly determine what and how much was released into our air without testing immediately with scientific means? Days after the incident very little can be accurately determined, especially without science. This is not protective.

It is obvious that we can not rely on DEP to take immediate action. Then when DEP does investigate days later, to ask Occidental if they caused a problem and then take their word for it is ridiculous. To rely on Occidental’s Community Advisory Panel for complaints seems a bit naive. This process is ridiculous and not protective. It is time to look at a solution that will be protective. If only one person takes the time and effort to call about what could be hazardous air emissions from Occidental, such a threat should be investigated. In order to determine what and how much was released, DEP would have to come immediately with testing equipment. This is not happening, and in fact may not be practical nor possible. These releases by Occidental present major threats to the health of thousands of people. We believe because what Occidental releases can cause so much harm to our health, and because there are so many schools so close to Occidental and because over 31,000 residents live even within 2 miles, that comprehensive and continuous perimeter monitoring (including DIOXIN) is warranted and crucial to our protection and safety. It does not seem possible or practical for DEP or the public to be sure what is going on any other way.

All of DEP’s monitoring information must be made available to the public immediately upon request.