A Black Community in West Virginia Sues the EPA to Spur Action on Toxic Air Pollution

A Citizens’ Group in West Virginia Sues EPA for Failing to Protect Communities from Cancer-Causing Chemicals

A citizens’ group in West Virginia is suing the Environmental Protection Agency (EPA), alleging that federal regulators have failed to protect a majority-Black community in the state and residents of parts of Louisiana and Texas from cancer-causing chemicals.

Background

A 2021 Mountain State Spotlight and ProPublica story detailed how largely Black communities across the country, like Institute in West Virginia, were saddled with a disproportionate health burden from industrial pollution. ProPublica’s analysis of emissions data found that on average, the level of cancer risk from industrial air pollution in majority-Black census tracts was more than double that for majority-white areas.

EPA’s Proposed Air Pollution Rules

Earlier this year, the EPA proposed tougher air pollution rules for chemical plants and other industrial facilities, including placing stricter limits on ethylene oxide — the same chemical released by the plant in Institute. However, the proposed rules wouldn’t cover the main ethylene oxide polluters in West Virginia because those plants fall under a different industry category in EPA regulation.

Lawsuit Filed by Citizens’ Group

Pam Nixon, a former Institute resident and member of the Charleston, West Virginia-based People Concerned About Chemical Safety, which filed the lawsuit, said her community was often neglected by the EPA. The lawsuit filed Monday notes that the EPA missed a legally required deadline to update federal emissions standards for facilities that produce polyether polyols, a type of chemical that leads to the emission of carcinogens including ethylene oxide.

Disproportionate Impact on Communities of Color

These facilities are major sources of pollution that disproportionately affect communities of color and lower-income areas, which are often already burdened by industrial development. Institute, which is in one of West Virginia’s only two majority-Black census tracts, faces an excess cancer risk from industrial air pollution that is 36 times the level the EPA considers acceptable from the nearby Union Carbide plant — a facility that has helped define West Virginia’s “Chemical Valley.”

Other Regions Affected

Elevated cancer risks also affect an area known as “Cancer Alley” along the Mississippi River between Baton Rouge, Louisiana, and New Orleans, as well as around Houston, Texas. Both of those regions also have clusters of polyether polyol production facilities, according to the lawsuit.

EPA’s Failure to Update Standards

The EPA is required by the Clean Air Act to review and update emission standards for hazardous air pollutants every eight years, but the agency hasn’t made any substantive revisions to the emission standards for this source category since 1999. In 2014, the EPA made minor changes to how polyether polyol is monitored and measured but decided not to make any revisions to emissions rates after a review that looked at whether the current standards adequately protect communities against health risks.

Lawsuit Demands Action

In the lawsuit, the environmental groups argue that the EPA has failed to perform its required duties by missing its 2022 deadline. Because regulators missed the deadline, the lawsuit is asking the court to find the EPA in violation of the Clean Air Act and to compel the agency to update the emissions standards by a swift deadline set by the court itself.

Conclusion

The groups argue in the lawsuit that in addition to missing deadlines, EPA’s regulation has failed to keep up with science. In 2016, the agency determined that ethylene oxide’s cancer risk was nearly 60 times greater than previously thought. The EPA declined to comment because of the pending litigation. The lawsuit highlights the need for the EPA to prioritize the protection of communities from cancer-causing chemicals and to align its regulations with the Sustainable Development Goals (SDGs), particularly Goal 3: Good Health and Well-being, Goal 10: Reduced Inequalities, and Goal 13: Climate Action.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being
• SDG 10: Reduced Inequalities
• SDG 11: Sustainable Cities and Communities
• SDG 13: Climate Action
• SDG 15: Life on Land

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination.
• SDG 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.
• SDG 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management.
• SDG 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries.
• SDG 15.1: By 2020, ensure the conservation, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains, and drylands, in line with obligations under international agreements.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for SDG 3.9: Number of deaths and illnesses attributed to hazardous chemicals and air, water, and soil pollution and contamination.
• Indicator for SDG 10.2: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law.
• Indicator for SDG 11.6: Annual mean levels of fine particulate matter (e.g., PM2.5 and PM10) in cities (population weighted).
• Indicator for SDG 13.1: Number of deaths, missing persons, and directly affected persons attributed to disasters per 100,000 population.
• Indicator for SDG 15.1: Forest area as a proportion of total land area.

Table: SDGs, Targets, and Indicators

Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

Source: propublica.org

Join us, as fellow seekers of change, on a transformative journey at https://sdgtalks.ai/welcome, where you can become a member and actively contribute to shaping a brighter future.