Years After EPA Cited Health Risks From Chemical Plant, Is Enough Being Done to Protect its Louisiana Neighbors?

Julie-Dermansky-022
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What should be done about a chemical plant in Louisianaโ€™s St. John the Baptist Parish that releases chloroprene โ€” a chemical so toxic that the Environmental Protection Agency (EPA) determined nearby residents face the highest risk in the country of developing cancer from airย pollution?

The answer is simple, according to Retired Lt. Gen. Russel Honoreฬ: โ€œFix it, move it, or shut it down.โ€ Honoreฬ is founder of the Green Army, a coalition of environmental groups and concerned citizens fighting against pollution in theirย communities.

But local, state, and federal regulators havenโ€™t resolved issues swirling around emissions released by the Denka Performance Elastomer plant, located in LaPlace, Louisiana. The plant is next to the Mississippi River, on a stretch of land between New Orleans and Baton Rouge known as Cancer Alley.

Chloroprene Emissions on the Decline But Still Tooย High?

DuPontโ€™s synthetic rubber plant in LaPlace emitted chloroprene for 46 years before it was sold to Denka. Shortly after Denka took over the plant, the EPA reclassified chloroprene in 2010 as a likely human carcinogen. The EPA deems 0.2 micrograms per cubic meter the acceptable standard for chloroprene emissions, a level that the plant overshootsย considerably.

EPAโ€™s 2010 Toxicological Review of Chloroprene determined that short-term exposure to high levels of chloroprene can cause a range of health impacts, from dizziness to chest pains, and suggests that chloroprene causes an increased risk of lung, liver, and kidney cancers, as well as leukemia and immune-systemย problems.

Though Denka doesn’t agree with the EPAโ€™s findings, the company agreed in January 2017 to reduce chloroprene emissions by 85 percent. It installed costly emissions reduction equipment that began operating at full capacity in March 2018. Emissions are trending downwards, but not to the level that EPA scientists say is the threshold for dangerous exposure or to a level that state or federal regulators are satisfiedย with.

In June 2017, Denka challenged the agencyโ€™s findings on chloropreneโ€™s toxicity, prompting the EPA to formally review its 2010 assessment. After completing the review at the end of January 2018, the EPA backed its findings, but Denka has filed an appeal, which is still underย review.

Robert Taylor, found of Concerned Citizens of St. John the Baptist
Robert Taylor outside of his home about a mile from the Denka chemicalย plant.

Robert Taylor, founder of Concerned Citizens of St. John the Baptist Parish, a community group borne out of the fear of breathing toxic air, welcomed the EPAโ€™s findings. โ€œWe all knew there was something wrong with our air, and then the EPA put a name on it,โ€ heย says.

It makes sense that Denka would challenge the EPAโ€™s findings, but the Concerned Citizens group is frustrated with Louisianaโ€™s Department of Environmental Quality (LDEQ) and Department of Health, which also questionย them.

At a parish council meeting in December 2016, Chuck Carr Brown, head of the LDEQ, accused members of the group of fear-mongering for insisting Denka cut chloroprene emissions to the EPAโ€™s recommendedย standard.

Brown stands firm that the EPAโ€™s figure of 0.2 micrograms is for guidance; it is not a legal standard that the plant is required to meet. The current standard was set years before the EPA reclassified chloroprene as a likely humanย carcinogen.

Louisiana Department of Environmental Quality Secretary Chuck Carr Brown
Secretary of the LDEQ Chuck Carr Brown (right) next to Jimmy Guidry, M.D., Louisianaโ€™s top healthย officer.

At an April 24, 2018 meeting of the St. John the Baptist Parish Council, Brown said that the EPAโ€™s number might not be the final standard, once Brown and others have a chance to study results of Denkaโ€™s emissions-reductionย efforts.

โ€œCurrently there is not an ambient air quality standard for chloroprene,โ€ Jennah Durant, an EPA representative said in an email. โ€œEPA, state, and company on- going actions are designed to reduce chloroprene emissions from theย plant.

At the same meeting, Jimmy Guidry, M.D., the top state health officer and medical director, declared that people living near the plant do not face a health emergency and downplayed chloropreneโ€™s healthย risks.

St. John the Baptist Parish Councilman Lennix Madere, Jr.
Councilman Lennix Madere, Jr, questioning state officials at the April 24 parish councilย meeting.

But when pressed by Councilman Lennix Madere, Jr., who represents the district closest to the plant about what Guidry would feel comfortable saying is a safe level, Guidry did not contradict the EPAโ€™s 0.2 microgram suggested standard. โ€œThe EPA has come out and set their number that they calculated from a mathematical formula and until we can prove otherwise we should strive to get to that number,โ€ Guidryย said.

Brown gave the council assurances that the emissions levels were much lower than before, and that his agency is continuing to work with Denka to reduce emissions as much asย possible.

But Wilma Subra, a technical advisor with the Louisiana Environmental Action Network (LEAN) who has been advising the Concerned Citizens group, told the council that Denka has shown an unwillingness to lower production (which immediately would reduce emissions) or to spend additional money on emissions reduction measures beyond its previousย commitment.

Members of the Concerned Citizens of St. John the Baptist Parish
Members of the Concerned Citizens of St John the Baptist Parish at a parish councilย meeting.

Members of the citizens group who attended the parish council meeting were disappointed that the council seemed to accept Brown and Guidryโ€™s wait-and-see attitude. After the meeting, Taylor reached out to Honoreฬ, who since then has been strategizing with the citizens group on what he sees as an undeniable environmental justiceย issue.

Assessing the Health Risks toย Students

Close-up of map of St. John the Baptist Parish and the schools near the Denka chemical plant
Detail of a map around the Denka plant that shows the areas in St. John the Baptist Parish with the highest levels of chloroprene exposure, including twoย schools.

In March this year, the St. John the Baptist School Board expressed concern about the safety of children attending the school closest to the Denka plant, leading to a parish council request to the state to review potential healthย risks.

As a result, the Louisiana Department of Health examined whether potential health risks would be significantly reduced if the children were sent to another schoolย nearby.

On July 6, the department released an assessment indicating that moving students at the Fifth Ward Elementary School, about a half-mile west of the Denka plant, to East St. John Elementary, which is three miles north of the plant, โ€œwould not greatly decrease their theoretical risks of developing excess cancers from exposure toย chloroprene.โ€

The preliminary assessment was based on data limited to air sampling results from March to May 2018 and collected after Denka activated its emissions reductionย devices.

Subra questions the assessmentโ€™s value. She said that looking at a few months of data to determine the risk to students misses the long-term effects of higher exposure that children and their families experienced before the equipment wasย installed.

The Department of Healthโ€™s findings donโ€™t surprise Denka, because the company believes chloroprene is being cast unnecessarily as a dangerous chemical. โ€œThere is no evidence to suggest our operations pose any increased risk of health impacts to our surrounding community,โ€ Jim Harris, a spokesperson for Denka, said in anย email.

John Cummings is one of the lawyers involved in a lawsuit against Denka and DuPont by residents of St. John the Baptist Parish. The suit is seeking injunctiveย relief and monetary damages for various issues, including health-related problems and lost propertyย value.

He, too, questions the premise of the stateโ€™s health assessment and the timing of itsย release.

โ€œWhat sense does it make to consider the value of moving children from one area with bad air to another?โ€ asksย Cummings.

The lawsuit, filed in July 2017, is still pending. Federal Judge Martin Feldman denied granting class action status to the lawsuit in March due to a missed deadline. The same judge is expected to rule very soon on a motion by Denkaโ€™s attorneys to dismiss the suitย altogether.

Disputing the State Healthย Assessment

Taylor called the stateโ€™s health assessment irresponsible. โ€œIt is unbelievable that people in positions of authority would make the statement that the Department of Health has made since we became aware of the EPAโ€™s findings,โ€ Taylor said. He gives the report no credence because he canโ€™t see the value in a health assessment that doesnโ€™t include input from the people who live in theย community.

The concerned citizens group is anxiously awaiting a health assessment from a Stanford Human Rights Clinic team, which spent weeks earlier this year conducting a randomized health survey of households within a 1.5 mile radius of the Denka plant. The group helped the Stanford team survey more than 500 area households, gathering data on incidences of cancer, other medical diagnoses, and healthย symptoms.

Concerned Citizens group and Stanford Human Rights Clinic team after a health survey in March 2018
Members of the Concerned Citizens group and a team from Stanford Human Rights Clinic at a gathering after the team’s on-the-ground health survey work was completed on March 29,ย 2018.

As far as Taylor knows, no one from the Department of Health has ever asked anyone impacted by the chloroprene emissions about their health. The department confirmed it has not spoken with people in the community near the plant about their health issues since the EPA reclassified chloroprene as a likely humanย carcinogen.

Instead, the department relies on the Louisiana State University Tumor Registry, which collects data on cancer diagnoses. But the tumor registry relies on reported cases of cancer in Louisiana only, and some cases go unreported while others are treated and diagnosed out ofย state.

State officials and Denka representatives point to the registryโ€™s findings as an explanation for why they think the EPA assessment of cancer risk for St. John the Baptist Parish is wrong. A recent assessment broken down by zip codes doesnโ€™t show an elevated risk of two types of cancer that have chloroprene as a risk factor, according to Robert Johannessen of the Department of Healthโ€™sย communicationย office.

Attorney John Cummings at a school board town hall meeting in LaPlace, Louisiana.
Attorney John Cummings at a school board town hall meeting in LaPlace,ย Louisiana.

โ€œThe tumor registry is malarkey,โ€ Cummings told me. โ€œIf you go down some streets and talk to people, you will find 80 percent of the households have a family member withย cancer.โ€

โ€œThere is clearly something fishy going on here,โ€ Taylor said. โ€œOtherwise, why wonโ€™t these state officials sit down and faceย us?โ€

He thinks the citizens groupโ€™s demands are quite reasonable. โ€œWe aren’t asking officials to shut the plant down. We just donโ€™t want them to be allowed to go on poisoningย us.โ€

I asked Councilman Madere if the council planned to take any further actions. He told me what happens next is up to the EPA. He said that without a legal standard for emissions, there is nothing anyone at the state level can reallyย do.

I asked the EPA if or when it plans to set a standard for chloroprene emissions, but did not receive anย answer.

โ€œWhile they are looking at numbers on a report, Iโ€™m taking care of my daughter and my wife,โ€ Taylor said. Last year, after his wife had a stroke, he convinced her to move to California. He was afraid the air-borne chemicals from the plant, about a mile from their home, would interfere with herย recovery.

Raven Taylor suffers from a rare auto-immune disorder and is homebound, not far from the Denka Neoprene plant.
Robert Taylorโ€™s daughter, Raven Taylor, homebound due to a rare autoimmuneย disease.

Taylor would also like to relocate his daughter, Raven, who suffers from an immune deficiency condition โ€” which EPAโ€™s assessment says is in line with high chloroprene exposure โ€” but the family’s financial situation has prevented the move. He now splits his time between Louisiana andย California.

He regrets being unable to attend the funeral of Walter Gerard, a member since the beginning of the Concerned Citizens of St. John the Baptist Parish. Gerard died of cancer on June 27. โ€œHow many more members will we lose before we get clean air?โ€ Taylorย wonders.

Funeral of Walter Gerard, member of the Concerned Citizens of St. John the Baptist Parish.
Funeral for Walterย Gerard.

Main image:ย Denka plant in Laplace, Louisiana, on March 29, 2018. Credit: All photos by Julie Dermansky forย DeSmog

Julie-Dermansky-022
Julie Dermansky is a multimedia reporter and artist based in New Orleans. She is an affiliate scholar at Rutgers Universityโ€™s Center for the Study of Genocide and Human Rights. Visit her website at www.jsdart.com.

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