Kirsten Bryant <kirsten@gaspgroup.

org>

Community coalition needs support

Kirsten Bryant <kirsten@gaspgroup.org> Thu, Feb 27, 2014 at 7:48 PM
To: "Ceron, Heather" <Ceron.Heather@epa.gov>
Cc: "Wagner, Paul" <Wagner.Paul@epa.gov>, "Brown, Stephanie" <Brown.StephanieY@epa.gov>, Chester Wallace
<chesterwallace@bellsouth.net>, "Holtzclaw, Brian" <Holtzclaw.Brian@epa.gov>, "Tennessee, Denise"
<Tennessee.Denise@epa.gov>, Vernice Miller-Travis <vmiller-travis@skeo.com>, Gregory Jones
<gregory.jones@birminghamal.gov>, Stacie Propst <stacie@gaspgroup.org>, "Reverend E.O. Jackson" <e2900j@aol.com>,
Sarah Malpass <smalpass@skeo.com>, "Good, Sheryl" <Good.Sheryl@epa.gov>, Barbara Newman
<barbara.newman@jcdh.org>, Michelle Fanucchi <fanucchi@uab.edu>, "Sturdivant, Donnette"
<Sturdivant.Donnette@epa.gov>, "Peurifoy, Cynthia" <Peurifoy.Cynthia@epa.gov>, Don Lupo
<don.lupo@birminghamal.gov>, Rebecca DePalma <rdepalma@whitearnolddowd.com>, William Parker
<williamaparker@yahoo.com>, "Masuca Corey.M" <Corey.M.Masuca@jcdh.org>, "Terry, Randy" <Terry.Randy@epa.gov>,
"Howanitz, Jason" <Jason.Howanitz@jcdh.org>

Heather,

Thanks for responding and for clarifying the confusion around the public comment period deadline.

It is encouraging to hear that a Title V training will be held soon. Unfortunately, it will not take place prior to
the deadline of ABC Coke's permit whose emissions exceed all other facilities in the county for risk (cancer)
from toxic air pollution.

I understand that JCHD is the permitting authority regarding this Title V permit. However, EPA clearly has
authority to ensure the community is adequately informed and engaged. The North Birmingham
Environmental Collaborative and EPA's administrator both have sent strong messages that public
engagement and transparency are a priority. In addition, EPA's own National Advisory Council on
Environmental Justice has written voluminous articles/letters advising EPA on how to incorporate
environmental justice in the permitting process.

To honor the commitment to environmental justice, EPA has the authority to help facilitate getting the
community coalition what they need - information and assistance. Can EPA's air division fulfill the following
requests?

-Develop fact sheets on the ABC Coke facility and its emissions

-Provide some examples of how similar industries have utilized pollution prevention technologies to
reduce emissions. (Is anyone from EPA's pollution prevention program on the coalition?)

-Host (in conjunction with the JCHD) an informational meeting for the public

Thank you for your assistance.

-Kirsten

Kirsten G. Bryant
Outreach Director
GASP
732 Montgomery Hwy PMB 405
Birmingham, AL 35216
205-541-3746
GASPgroup.org
GASP on Facebook
GASP on Twitter
On Feb 27, 2014, at 8:27 AM, "Ceron, Heather" <Ceron.Heather@epa.gov> wrote:

Dear Ms. Bryant,

Thank you for your inquiry regarding the North Birmingham community. As indicated in your
email, you had some questions regarding the public comment period for ABC Coke permit. I
am not aware of what was presented in the binder you refer to, but I can clarify the comment
period and EPAs role. Here is a link to the public notice for the draft permit for your
reference: http://www.jcdh.org/eh/anr/anr12.aspx?NoticeId=61&Type=1

For any permit, if there is a need for additional time for the public to comment or if they want to
request a hearing, they can request that from the permitting authority. In this case that authority
is Jefferson County Health Department. For your convenience I have included the link to the
public notice (link above) which includes information on how to request an extension for
comments and a public hearing. It is required by federal regulations that the public be given a
minimum of 30 days to comment and it is up to the permitting authority (Jefferson County) to
extend the comment period if they deem it necessary. Informational sessions and hearings are
generally held at the discretion of the permitting authority. EPA does not have the authority to
require another permitting authority to either extend the public comment period beyond the
federal requirements or to host informational sessions or hearings.

With regard to the 45 day review period which you reference, that time frame relates to EPAs
time to review the permit and is a separate and distinct requirement from the requirement for a
public comment period. In general, EPA reviews a portion of the Title V permits proposed by
the permitting authorities. As Jefferson County is the permitting authority, the EPA Region 4
Air Permitting Section is working in conjunction with Jefferson County on both the ABC Coke
and Walter Coke title V permits. Our role in the permitting process is one of oversight and we
have certain procedures in place for that. One being the 45 day review period which is
prescribed by law so that EPA has time to review the permit as well as the response to any
comments received on the draft permit prior to the permitting authority issuing a final permit.
We submit comments based on our review back to the permitting authority so that they can
address them and then issue the permit. If EPA determines comments are not adequately
addressed we can object to the permit. Also, if the public feels the permitting authority has not
addressed their concerns, they can petition EPA to object to the permit. This is all laid out in the
Title V process under the 40 CFR Part 70 regulations. Please see http://www.epa.gov/
airquality/permits/publicinput.html for more information.

With regard to the Title V training, we are currently coordinating with Jefferson County on
training that they are planning for the community in N. Birmingham. This training will build on
the training that was provided to the community leaders last fall by JCHD (Proof is in the
Permit) and will focus on the Walter Coke permit, with specific training on coke ovens and the
Title V permit. Our office will be participating in this training as well. We expect this to take
place in March and will work with the community leaders to best fit their needs.

If you have any questions, please feel free to contact me or Jefferson County Health Department.

Sincerely,
Heather Ceron
Air Permits Section Chief
Region 4
(404)562-9185

From: Kirsten Bryant [mailto:kirsten@gaspgroup.org]
Sent: Tuesday, February 25, 2014 3:58 PM
To: Wagner, Paul; Brown, Stephanie
Cc: Chester Wallace; Holtzclaw, Brian; Tennessee, Denise; Vernice Miller-Travis; Gregory Jones; Stacie
Propst; Reverend E.O. Jackson; Sarah Malpass; Good, Sheryl; Barbara Newman; Michelle Fanucchi;
Ceron, Heather; Sturdivant, Donnette; Peurifoy, Cynthia; Don Lupo; Rebecca DePalma; William Parker
Subject: Community coalition needs support

Hi everyone,

I hope your week is off to a great start.

ABC Coke is a potentially responsible party and their air permit is up for public comment. The
overarching goal of the coalition is to provide a clean environment for the impacted communities
of the 35th Ave Superfund site. Georgia Tech's focus group of middle school kids was upsetting -
air pollution is a big concern of theirs, especially since they can't swim in the summer due to
black soot covering the community pool.

Given that the Title V citizen training did not come to fruition, the community coalition needs
some basic assistance and support from EPA to submit meaningful comments on the ABC Coke
permit.

Ideas on how EPA can assist include:

-Work with JCHD on extending the deadline for citizens to submit comments
The ABC Coke informational binder handed out at last week's coalition meeting - section 1 -
states that EPA will grant an additional 45 days " so the public will have a longer period to
comment." Can someone in the air division please clarify?

-Develop fact sheets on the facility

-Provide some examples of how similar industries have utilized pollution prevention
technologies to reduce emissions. (Is anyone from EPA's pollution prevention program on the
coalition?)

-Host an informational meeting for the public

Anyone else have ideas?

Thank you for your assistance,

Kirsten

Kirsten G. Bryant
Outreach Director
GASP
732 Montgomery Hwy PMB 405
Birmingham, AL 35216
205-541-3746
GASPgroup.org
GASP on Facebook
GASP on Twitter