Monthly Archives: November 2019

Point Source Polluters

NW metals update: DMV developments and DEQ TRO against NW Metals

After the catastrophic fire on March 12, 2018, NW Metals came into greater scrutiny as an ongoing danger to the community. The fire was due to the company’s negligence, flouting common sense regulations, and caused extensive damage to nearby homes, animals, and the community. The semi-legal chop shop is located next to the giant Comcast building on Killingsworth, just east of NE 75th Ave. 

After pressure from CAAT and other local organizations, state legislators passed SB 792 this past June 2019, to regulate auto dismantlers and ‘chop shops’ such as NW Metals. Under the previous regulatory structure, NW Metals was pretty much left alone, beneath the sleepy eyes of the DMV. As far as I understand it, SB 792 requires DMV to now include DEQ in watching over these facilities. CAAT advocated strongly for increased liability reserves to be mandated for the company to pay for future clean-up costs, but the Bill was seriously weakened by state Republicans who don’t seem to care about the people of Portland, our health, or environmental pollution.

Nonetheless, SB 792 is what we have. I have met the DMV inspector twice in the last few months at DMV SB 792 Rulesmaking and Public Hearings. As the only non-industry representative at both of those hearings, I advocated for DMV to take a more active approach in investigating, penalizing and eventually shutting down NW Metals, as well as forcing polluters to set-up a contingent liability fund to pay for health problems and environmental damage to the community, and eventual clean-up of their facilities, now which is the sole burden of the community and taxpayers. In conversation with the DMV Lead Investigator, he seemed to be looking forward to taking on the investigatory challenges with NW Metals. I hope to have more information from him about any of his findings soon, perhaps by early January 2020. The industry reps at the meeting wanted to ease restrictions and financial obligations imposed by SB 792, but all agreed with me that NW Metals was a ‘bad actor’ that needed some kind of penalty, although they themselves only ran legit businesses that loved nature and their community. 

DEQ has also taken a more aggressive stance to NW Metals, perhaps due to SB 792, or in the least from pressure from CAAT and other local groups. DMV issued a Temporary Restraining Order (TRO) against NW Metals this last week. This is an important development to increase pressure on NW Metals, and DEQ is steeping up.

The civil complaint filed by DEQ in District Court asks the court to require NW Metals to correct onsite violations, including:

• Immediately cease shredding waste tires

• Store all tires in accordance with standards within 10 days

• Cease operations of prohibited underground injection systems within 10 days

• Submit an air quality permit application for all shredders within 10 days

• Implement the work plan and submit documentation to DEQ demonstrating completion within 20 days

• Submit a plan to DEQ for approval demonstrating how storm water runoff will be contained within 10 days and implement that plan within 30 days of approval

• Reimburse DEQ for its “remedial action costs” incurred to respond the disaster at the NW Metals site

More details are here: [https://www.oregon.gov/deq/Programs/Pages/nescrap.aspx]This represents an important step by DEQ to force NW Metals to clean up their act, or shut it all down.

What you can do: Anytime you see an elected official, or DEQ, or DMV official, ask and then tell them: “What are you doing to shut down the illegal chop-shop NW Metals? They are continually and flagrantly breaking the law and I don’t want to pay for the clean-up of their facility once they declare bankruptcy.”

Keep the pressure on. Tell every elected official to shut down NW Metals.

Pollutants, Public Comments

CAO Hazard rules comments

In these comments to DEQ, CAAT repeats their verbal request from the November 18, 2019 Public Hearing on this subject for DEQ to revisit and revise the list of 26 Toxic Air Contaminants that are proposed to remain as Level 5 toxins, and thus not subject to a greater scrutiny as Level 3 toxins.

Diesel Particulate Matter needs to be treated as a toxin more subject to regulatory oversight by DEQ/OHA and mitigation by the polluter. Awhile back, our state of Oregon forgot to impose regulations on obsolete diesel engines, and the state became a dumping ground for those highly polluting diesel engines. A discrepancy was created that defined Oregon from the other West Coast states as one accepting of obsolete and polluting equipment. Polluters took advantage of this discrepancy and moved engines banned in other states here. This is a type of ‘toxin dumping’ that unscrupulous polluters often engage in. The effect of this is for the air and the people of Oregon to become subjected to dangerously high exposure levels of Diesel Particulate Matter. The result is that Diesel Particulate Matter air pollution imposed greater harm on the people of Oregon than adjacent states and markets. Please access [https://ww2.arb.ca.gov/…/summary-diesel-particulate-matter-…] for more information on the known dangers of Diesel Particulate Matter.

It is quite likely that other polluting industries will follow this pattern of ‘toxin dumping’ with chemicals that are under-regulated here, but regulated in nearby states. In particular, the proposed Level 5 toxins that are already included in California’s Proposition 65 regulatory framework and warning system, need to be revised as Level 3 pollutants to prevent this ‘toxin dumping.’

Below are some of these VOC’s, toxins, and pollutants that are regulated under California’s Proposition 65 but that are included in the proposed Oregon CAO Level 5 categorization:

Acrolein

Anilene

Dichlorovis (DDVP)

Diethelylene glycol monoethyl ether

1,2-Epoxybutane

Hexamethylene-1,6-dilsocynate

4,4’-Methylenedianiliene (and its dichloride)

Propylene

Propylene glycol dinitrate

Silica, crystalline (respirable)

1,2,3-Trichloropropane

Vinyl bromide

Even if these toxins exist, or are created, at very low emissions inventory levels, given the history of Oregon as a dumping ground for obsolete and polluting diesel engines, it is likely that polluters will move production of these toxins to our State, engaging in ‘toxin dumping’ and the subsequent contamination and negative health effects, so as to escape regulatory mandates existing in other states, including California. CAO does not provide for an insurance penalty for paying for injury, mitigation, or spill clean-up so that burden would fall onto the people of Oregon.

With CAO, Oregon should seek to create a more stringent, comprehensive, and protective regulatory apparatus than exists in California (and certainly one that is not less so.) Given past Agency inadequacies, a rapidly growing population who expect a healthy and safe community, and the natural beauty and the need for continued sustainability of Oregon’s ecological systems and environment, CAO should regulate all contaminants currently regulated under California’s Proposition 65, and any existing Washington-state statutes, at a minimum.

In closing, the Risk Analysis behind CAO is predicated on insuring our states commitment to protecting the health of the state and air we breathe, and that insurance creates a liability that should not be the burden of the taxpaying public, but on the polluter instead. If CAO does not include a comprehensive regulatory strategy for, and built-in, actionable, sanctions of polluters, including a regulatory structure at least equal to neighboring states, then it becomes a toothless agent, a paper tiger, that has little overall impact or meaning, even though it purports to be a protective force.

With the changing dynamics of our State and the climate, it is imperative that DEQ take an aggressive leadership role in regulating polluters. No longer should the State allow her people, no matter how marginalized they may be, to become the recipient of known toxins from dangerous industries and their ‘toxin dumping.’ DEQ, OHA, and the other State Agencies need be our shield against dangerous toxins, including the chemicals and compounds listed above, from polluters who refuse to take responsibility for the damage they create.