From GASP.
"On Sunday, August 19, Jefferson County Department of Health issued a public notice that ABC Coke has applied for a permit renewal a year ahead of the expiration of its current permit. While this is allowed, we suspect they're trying to prevent us from having a hearing on their existing permit. And that's where you come in. We need support from the Birmingham community as we analyze this new permit and try to reduce the toxic pollution pouring out of ABC Coke's smokestacks in Tarrant." -Gasp
Over the past four years, Gasp has been challenging ABC Coke's air pollution permit, also known as a Title V Operating Permit. ABC Coke is owned by Drummond Company. We organized and got an extension granted for public comments, as well as a public hearing and informational meetings. We ultimately filed a 175-page analysis of the permit in 2014 urging the Jefferson County Department of Health (JCDH) to reject the permit renewal as written.
These were the findings from our analysis:
- ABC Coke emits a number of carcinogens. Among these are Benzene, Naphthalene, and Arsenic. ABC Coke has failed to demonstrate in its application that the quantity and duration of these and other carcinogens in the outdoor atmosphere will not tend to be injurious to human health.
- ABC Coke also emits odors and particulate matter. ABC Coke has failed to demonstrate that the quantity and duration of these air contaminants in the outdoor atmosphere will not tend to be injurious to human health, welfare or property and will not interfere with the enjoyment of life or property.
- The emissions from ABC Coke will adversely and disproportionately impact a community that is composed of 66% African-Americans. The granting of the permit to ABC Coke will violate U.S. Environmental Protection Agency regulations promulgated to implement the Civil Rights Act of 1964.
- Draft General Permit Condition 14 pertaining to control of fugitive dust from ABC Coke is based on a Board of Health regulation nearly identical to a rule adopted by the Alabama Department of Environmental Management. The latter rule has been declared unconstitutionally vague and restrictive.
- Based on these and other findings, Gasp concludes that the Health Officer [Dr. Mark Wilson] “must deny the ABC Coke permit.”
When JCDH rejected our recommendations, we appealed the decision the the body that oversees them — the Jefferson County Board of Health (BOH) — and requested a hearing on the permit to argue our case. And when the BOH rejected our request for a hearing, we sued them in Circuit Court — and won. And when the BOH and Drummond appealed that decision to the Alabama Court of Civil Appeals, we won again. And when the BOH and Drummond appealed that decision to the Alabama Supreme Court, we won yet again. Four years later, we're still awaiting a hearing on the current ABC Coke permit.
On Sunday, August 19, JCDH issued a public notice [English | Spanish] that ABC Coke has applied for a permit renewal a year ahead of the expiration of its current permit. While this is allowed, we suspect they're trying to prevent us from having a hearing on their existing permit. And that's where you come in. We need support from the Birmingham community as we analyze this new permit and try to reduce the toxic pollution pouring out of ABC Coke's smokestacks in Tarrant.
Please sign up at the link below if you're interested in helping Gasp challenge ABC Coke's "permit to pollute." As of today, public comments are due on September 21 — so time is of the essense!