mission: lower emissions

New EPA rule says 200 US chemical plants in Texas, beyond must reduce cancer-causing toxic emissions

The rule will apply to 218 facilities spread across Texas and Louisiana, the Ohio River Valley, West Virginia and the upper South. Photo via Getty Images

More than 200 chemical plants nationwide will be required to reduce toxic emissions that are likely to cause cancer under a new rule issued Tuesday by the Environmental Protection Agency. The rule advances President Joe Biden’s commitment to environmental justice by delivering critical health protections for communities burdened by industrial pollution from ethylene oxide, chloroprene and other dangerous chemicals, officials said.

Areas that will benefit from the new rule include majority-Black neighborhoods outside New Orleans that EPA Administrator Michael Regan visited as part of his 2021 Journey to Justice tour. The rule will significantly reduce emissions of chloroprene and other harmful pollutants at the Denka Performance Elastomer facility in LaPlace, Louisiana, the largest source of chloroprene emissions in the country, Regan said.

“Every community in this country deserves to breathe clean air. That’s why I took the Journey to Justice tour to communities like St. John the Baptist Parish, where residents have borne the brunt of toxic air for far too long,” Regan said. “We promised to listen to folks that are suffering from pollution and act to protect them. Today we deliver on that promise with strong final standards to slash pollution, reduce cancer risk and ensure cleaner air for nearby communities.”

When combined with a rule issued last month cracking down on ethylene oxide emissions from commercial sterilizers used to clean medical equipment, the new rule will reduce ethylene oxide and chloroprene emissions by nearly 80%, officials said.

The rule will apply to 218 facilities spread across Texas and Louisiana, the Ohio River Valley, West Virginia and the upper South, the EPA said. The action updates several regulations on chemical plant emissions that have not been tightened in nearly two decades.

Democratic Rep. Troy Carter, whose Louisiana district includes the Denka plant, called the new rule “a monumental step" to safeguard public health and the environment.

“Communities deserve to be safe. I've said this all along,'' Carter told reporters at a briefing Monday. "It must begin with proper regulation. It must begin with listening to the people who are impacted in the neighborhoods, who undoubtedly have suffered the cost of being in close proximity of chemical plants — but not just chemical plants, chemical plants that don’t follow the rules.''

Carter said it was "critically important that measures like this are demonstrated to keep the confidence of the American people.''

The new rule will slash more than 6,200 tons (5,624 metric tonnes) of toxic air pollutants annually and implement fenceline monitoring, the EPA said, addressing health risks in surrounding communities and promoting environmental justice in Louisiana and other states.

The Justice Department sued Denka last year, saying it had been releasing unsafe concentrations of chloroprene near homes and schools. Federal regulators had determined in 2016 that chloroprene emissions from the Denka plant were contributing to the highest cancer risk of any place in the United States.

Denka, a Japanese company that bought the former DuPont rubber-making plant in 2015, said it “vehemently opposes” the EPA’s latest action.

“EPA’s rulemaking is yet another attempt to drive a policy agenda that is unsupported by the law or the science,” Denka said in a statement, adding that the agency has alleged its facility “represents a danger to its community, despite the facility’s compliance with its federal and state air permitting requirements.”

The Denka plant, which makes synthetic rubber, has been at the center of protests over pollution in majority-Black communities and EPA efforts to curb chloroprene emissions, particularly in the Mississippi River Chemical Corridor, an 85-mile (137-kilometer) industrial region known informally as Cancer Alley. Denka said it already has invested more than $35 million to reduce chloroprene emissions.

The EPA, under pressure from local activists, agreed to open a civil rights investigation of the plant to determine if state officials were putting Black residents at increased cancer risk. But in June the EPA dropped its investigation without releasing any official findings and without any commitments from the state to change its practices.

Regan said the rule issued Tuesday was separate from the civil rights investigation. He called the rule “very ambitious,'' adding that officials took care to ensure “that we protect all of these communities, not just those in Cancer Alley, but communities in Texas and Puerto Rico and other areas that are threatened by these hazardous air toxic pollutants.''

While it focuses on toxic emissions, “by its very nature, this rule is providing protection to environmental justice communities — Black and brown communities, low-income communities — that have suffered for far too long,'' Regan said.

Patrice Simms, vice president of the environmental law firm Earthjustice, called the rule “a victory in our pursuit for environmental justice.”

“There’s always more to do to demand that our laws live up to their full potential,” Simms said, "but EPA's action today brings us a meaningful step closer to realizing the promise of clean air, the promise of safe and livable communities and ... more just and more equitable environmental protections.''

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A View From HETI

These three Houston innovators have been recognized by Time Magazine. Photos courtesy

Three Houston executives — Andrew Chang, Tim Latimer, and Cindy Taff — have been named to Time magazine’s prestigious list of the 100 Most Influential Climate Leaders in Business for 2024.

As managing director of United Airlines Ventures, Chang is striving to reduce the airline’s emissions by promoting the use of sustainable aviation fuel (SAF). Jets contribute to about two percent of global emissions, according to the International Energy Agency.

In 2023, Chang guided the launch of the Sustainable Flight Fund, which invests in climate-enhancing innovations for the airline sector. The fund aims to boost production of SAF and make it an affordable alternative fuel, Time says.

Chang tells Time that he’d like to see passage of climate legislation that would elevate the renewable energy sector.

“One of the most crucial legislative actions we could see in the next year is a focus on faster permitting processes for renewable energy projects,” Chang says. “This, coupled with speeding up the interconnection queue for renewable assets, would significantly reduce the time it takes for clean energy to come online.”

At Fervo Energy, Latimer, who’s co-founder and CEO, is leading efforts to make geothermal power “a viable alternative to fossil fuels,” says Time.

Fervo recently received government approval for a geothermal power project in Utah that the company indicates could power two million homes. In addition, Fervo has teamed up with Google to power the tech giant’s energy-gobbling data centers.

In an interview with Time, Latimer echoes Chang in expressing a need for reforms in the clean energy industry.

“Addressing climate change is going to require us to build an unprecedented amount of infrastructure so we can replace the current fossil fuel-dominated systems with cleaner solutions,” says Latimer. “Right now, many of the solutions we need are stalled out by a convoluted permitting and regulatory system that doesn’t prioritize clean infrastructure.”

Taff, CEO of geothermal energy provider Sage Geosystems, oversees her company’s work to connect what could be the world’s first geopressured geothermal storage to the electric grid, according to Time. In August, Sage announced a deal with Facebook owner Meta to produce 150 megawatts of geothermal energy for the tech company’s data centers.

Asked which climate solution, other than geothermal, deserves more attention or funding, Taff cites pumped storage hydropower.

“While lithium-ion batteries get a lot of the spotlight, pumped storage hydropower offers long-duration energy storage that can provide stability to the grid for days, not just hours,” Taff tells Time. “By storing excess energy during times of low demand and releasing it when renewables like solar and wind are not producing, it can play a critical role in balancing the intermittent nature of renewables. Investing in pumped storage hydropower infrastructure could be a game-changer in achieving a reliable, clean energy future.”

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