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Lafarge mercury permit up for public comment


Advocacy groups say 30-day period is too short

By Francesca Olsen
Published:
Saturday, November 7, 2009 2:14 AM EST
The state Department of Environmental Conservation has made Lafarge Cement Plant’s Title V Operating Air Permit available for public comment. The permit, which is up for renewal, would limit mercury emissions at the plant to 176 pounds a year — more than the company’s own estimated emissions for 2008, which were 146 pounds.

The proposed permit was issued by the DEC on Thursday and the agency will take comments on the permit through Dec. 4 at the DEC Region 4 offices in Rotterdam.

Lafarge reported mercury emissions of between 380 and 400 pounds per year from 2003 to 2006, according to information from the Environmental Protection Agency.

The proposed permit, available for download at the state DEC’s Web site, comes in two parts and totals out at 133 pages. Representatives from advocacy groups on both sides of the river say 30 days is just not enough time for review and comment.


Elyse Kunz, one of the founding members of Community Advocates for Safe Emissions (CASE), said she had printed a copy of the proposed permit for review already.

“For the DEC to only have a 30-day comment period is not a sufficient amount of time to adequately examine that,” she said. “They’ve had three years to work on this application.”

“I would think with something of this magnitude ... that they would want to have a public hearing to give people a chance to participate ... you’d think they would recognize the significance of this. I was really disappointed,” she added.

The permit is classified as a Type-2 action, Kunz said, which doesn’t require a State Environmental Quality Review (SEQR). She said she thinks a SEQR review should be a part of the permit process.

“Allowing them to cap emissions at 178 ... it’s not using this as an opportunity to really bring about meaningful change and reduce the pollution that’s coming from the plant,” she said. “The DEC has an opportunity here, through this process, to take a major step forward.”

In September, Dr. Ward Stone released his findings on mercury levels in the area around the Lafarge plant. He said that in parts per million (ppm), there was much more than the average level of mercury to be found and he also reported that he found mercury in everything he tested in the food chain, from grasshoppers to larger animals.


The plant is located in close proximity to both the Ravena-Coeymans-Selkirk junior and senior high schools.

Kunz pointed out that the figure of 146 pounds of mercury emitted per year was reached through a study done by LaFarge itself.

“Once this permit goes into effect, it’s going to last for a period of time,” she said. “This is one of our few opportunities to take a step forward here ... people need to know that this is the time to speak up ... once the door closes on the comment period, the DEC is just going to do what they’re going to do.”

Susan Falzon of Friends of Hudson said she’d have much more to say once Friends of Hudson was through reviewing the permit. An air permit expert has already started reviewing it for the organization.

“We’re pretty concerned about what’s in it,” she said. “It’s long overdue. We don’t know why it took the DEC over three years to get to it. We’re glad they finally got to it. We have concerns about the number of toxins and pollutants ... we have to look at those numbers very carefully and see what they’re being permitted for.”

Falzon agreed that the comment period wasn’t long enough, especially because November has two holidays.

“It’s standard for the DEC to issue something with a 30-day comment period but it’s too short, and I’m certain we’ll be calling for a longer comment period,” she said. “I’m certain it needs a 60-day comment period.

“We’re going to have to hire experts who have heavy workloads ... we have to have time to review what our experts tell us and decide what kind of comments to submit ... why is the DEC permitting them at 176? To give them wiggle room?” she said.

Kunz said the state Department of Health was doing a public health assessment for the area. Falzon said this was an important study to consider, although the department is not required to be an involved agency during Title V permit renewal.

“We would like to see the Department of Health do a thorough study of the health impact of this plant,” Falzon said. “There are two things involved here: one is the past health impacts, one is the future potential impacts.

“This is the DEC’s opportunity to ensure that Lafarge really cleans up its act ... I don’t know if this draft permit is doing that. I have to review it,” Falzon said.



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