Down the Bay & Orange Grove EJ Petitions Delivered to US Army Corps of Engineers

MEJAC delivered a petition with 101 local citizen signatures requesting the US Army Corps of Engineers Mobile District to adhere to the environmental justice consultation process it has publicly promised would happen with the Down the Bay and Orange Grove communities during its Mobile Harbor GRR process of considering the impacts of enlarging the Mobile Harbor ship channel to expand Port of Mobile commerce.

We still haven’t received a reply to any part of the letter MEJAC sent in early April 2018 formally requesting a response to these and other concerns. But come to think of it, we never received a formal response regarding the first letter we sent back in February 2016 about their process.

The petition we sent today reads:

Col. James A. DeLapp
U.S. Army Corps of Engineers, Mobile District
109 Saint Joseph Street
Mobile, Alabama 36602

Dear Col. DeLapp,

We are very concerned about the sincerity of the Corps’ adherence to its mission of responding to environmental justice concerns from residents who are directly affected by federal infrastructure projects.

For over two years, the Mobile Environmental Justice Action Coalition has been raising alarm bells about the Corps’ Draft General Reevaluation Review process in studying and responding to the environmental justice impacts Mobile Harbor Ship Channel enlargement and the corresponding increase in Port of Mobile traffic by sea, rail, and road.

Now, with just a couple of months left before the Draft GRR is published, some communities of environmental justice concern like Orange Grove and Down the Bay have yet to be engaged directly despite promises from the Corps that EJ Focus Groups would be convened to capture any potential concerns from their residents about the Corps’ Tentatively Selected Plan to depend and widen the Ship Channel to allow an increase in Port traffic.

It would be extremely disappointing to know that our Mobile District office is disinterested in directly engaging with communities who have borne some of the greatest burdens of the Mobile District’s past decisions in the Port infrastructure area.

The National Environmental Policy Act process requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. Using NEPA, federal agencies evaluate the environmental and related social and economic effects of their proposed actions. Agencies also provide opportunities for public review and comment on those evaluations.

Executive Order 12898 was published in 59 FR 7629 on February 16, 1994 to “address environmental justice in minority populations and low-income populations”. As the EPA has made abundantly clear, the order directs federal agencies “to develop a strategy for implementing environmental justice. The order is also intended to promote nondiscrimination in federal programs that affect human health and the environment, as well as provide minority and low-income communities access to public information and public participation.”

We would like to see the Corps’ Mobile District live up to its neighborly potential by ensuring that the GRR’s NEPA process and its corresponding EO 12898 obligations are implemented responsibly by engaging in concerted EJ community outreach to the Down the Bay and Orange Grove communities in a timely manner, because we know that NEPA and EJ programs make projects better and build confidence in agency decisions. They are also the law.

[101 local concerned citizens]


Environmental Justice Community Events in April

Spring is here with a slew of environmental justice community events including:

Around Mobile Bay:

A Day For Science logoA Day For Science – April 14, 9a-12p @ Bienville Square downtown Mobile
MEJAC will have a table at March for Science Mobile’s inaugural A Day For Science for their FREE march, rally, and science fair from 9a-12p. Join us for a sign contest, science booths, Keynote Speakers Dr. Kristine DeLong and Ben Raines, and a parade for science! Kid-friendly! We’ll be sharing details about our air quality monitoring work. Click here for the Facebook Event page.

2018 Justice Leadership Summit Flyer2018 Justice Leadership Summit – April 18-20 @ Kazoola’s & The Bright Spot
MEJAC is encouraging your attendance at this amazing annual event! This year’s Justice Leadership Summit falls on the 50th anniversary of the Fair Housing Act, which was only passed due to the pressure that followed the tragic assassination of Dr. Martin Luther King Jr in Memphis in 1968. 2018’s theme is “50 Years of Fair Housing: It’s Time to Educate, Agitate and Litigate”. Scholarships are available!! Register ASAP!

Hosted for almost a decade annually by the South Alabama Center for Fair Housing, this year’s summit will feature local and regional leaders facilitating discussion on a variety of hot-button issues including:

  • The State of Civil Asset Forfeiture in Alabama
  • The Housing and Economic Impacts of the New Federal Tax Codes
  • The Latest with the Affirmatively Furthering Fair Housing and Community Reinvestment Act Federal Rules
  • The Connections Between Housing and Mental Health
  • The Usefulness of Liberation Centers in Community Building
  • How We Make More Room for Immigrants at our Community Tables
  • Environmental Justice and Climate Change Work in the Gulf South
  • How to Stay Civically Engaged in Politically Uncertain Times

Wednesday evening will see an Elder’s Circle in downtown Mobile at Kazoola, the only black-owned business on Lower Dauphin. Thursday and Friday daytimes will be spent at The Bright Spot in very informative workshops and plenary discussion. Click here for the Facebook Event page.

2018 Earth Day Mobile Bay Flyer2018 Earth Day Mobile Bay – April 21, 10am-6pm @ the Fairhope Pier Park
MEJAC will have a table at this year’s Earth Day Mobile Bay, as well. The all-day event on the eastern shore Fairhope Pier Park is FREE and features live music, food, unique vendors, an environmental film festival, and lots of ideas about how to get involved with a cleaner and healthier future! Kid-friendly! Free parking with all day shuttle service is available at the Big Lots parking lot at Green Rd & Fairhope Ave. Click here for the Facebook Event page.


MEJAC Regular Meeting – Thursday, April 26, 2018, 1-3pm @ St John’s Episcopal Church
MEJAC typically meets twice a month in person to conduct business at St John’s Episcopal Church, 1707 Government Street, Mobile, Alabama 36604. We meet at this time due to its convenience for our Africatown elder leadership and at this place due to the meeting resources to which it affords us access. However, if this time doesn’t work for you and you are interested in participating in our work, please don’t hesitate to contact us. We have made public presentations about our work to college, civic, and religious groups, as well, so if you have a group you’d like us to address, give us a shout!

And elsewhere:

Equity Summit GraphicEquity Summit 2018 – April 11-13, Chicago, Illinois
MEJAC President Ramsey Sprague will be attending the PolicyLink Equity Summit 2018 in Chicago, Illinois 4/11-13 as part of the Moving Forward Network (MFN) delegation. MEJAC joined MFN last year to partner in its mission “to transform the global trade system by supporting the organizing, advocacy, education and research efforts of partners around the United States toward improving public health, quality of life, environmental integrity, labor conditions and environmental justice”. MFN is a grassroots-driven resource network of environmental justice advocacy groups in port cities. In addition to his MFN delegation representation, Ramsey will also help co-facilitate the “Leading the Resistance: Translocal Campaigns for Climate Justice” forum on Thursday 4/12 over lunch. Definitely reach out if you’ll be there!

See you around!

Is the Corps Taking Citizen Input Seriously? MEJAC Responds to Ship Channel Enlargement Public Meetings

Ship Channel Enlargement and Port Expansion (downtown Mobile with an athsmatic child using an inhaler overlayed)

Is the Corps taking citizen input about Ship Channel Enlargement seriously? [Original Photo: Courtesy]

At this point, MEJAC has been engaged in the US Army Corps of Engineers (the Corps) General Reevaluation Report (GRR) Study for more than two years now and very little of our input has seen adequate response from the Corps.

A little over a year ago, MEJAC reacted to the Corps having yet to respond to the initial GRR Scoping input provided a year prior when they announced their first public meeting to gather input for their GRR Study on the proposed enlargement of the Mobile Bay shipping channel, referred to by the Corps as the Mobile Harbor Federal Navigation Channel.

Residents and regional environmental justice advocates have been raising concerns from day one about the impacts of Ship Channel Enlargement. And we still have many concerns:

• What are the study parameters for air quality and traffic?
• When will the public be brought to understand how the air quality baselines are being identified and assessed?
• What air quality pollutants will be analyzed in the baseline and projected “with project” assessments?
• How are “with project” air quality impacts, with respect to increased commodity traffic collateral emissions (i.e. hazardous petrochemical storage tank vapors, coal dust, diesel engine soot, etc.), being assessed?
• When will the future EJ focus group meeting dates be set with enough time to substantively contribute to the Draft SEIS and GRR Study Reports?
• Will there be follow up meetings with EJ focus group participants to facilitate the best understanding of how and why the GRR responded to their questions and concerns?

Today, MEJAC mailed the following letter the to the Corps outlining many questions we still have along with new concerns gleaned after three public meetings and one environmental justice focus group meeting with Africatown community members.

U.S. Army Corps of Engineers
P.O. Box 2288
Mobile, AL 36628

RE: February 22, 2018 Public Meeting and EJ Focus Group follow up

To PD-F of the U.S. Army Corps of Engineers Mobile District:

In review of public statements from officials involved in the Mobile Harbor GRR Study it became apparent that our agency needed to both reiterate the concerns MEJAC and community members have raised about the scope of the Army Corps of Engineers GRR Study into the impacts of the proposed deepening and widening of the Mobile Harbor Ship Channel and to ask a few follow up questions based on our information shared at the public and focus group meetings. Some things are just being left out of the public discourse around the GRR Study and the projected activities.

At the Africatown EJ Focus Group meeting on September 28, 2017, Corps representatives explained that a baseline air quality evaluation of environmental justice communities would be developed and that the estimated impacts of the deepening and widening of the Mobile Harbor Ship Channel would be compared to it. It was also stated that there are currently scoped no more than three specific air modeling studies to answer specific questions.

During a lively exchange therein, Corps representatives succinctly restated concerns from community members about how the study’s scope needed to analyze increases in emissions from products industries like bulk petrochemical storage and transmission from increased throughput due to the ability of products to move more quickly through port facilities owing to the deepening and widening project. To cap off that discussion, Mr. David Newell requested that Corps representatives documented their notes from the evening how the emissions captured in the models needed to reflect projected increases in commodities due to increased flow of traffic moving those commodities through port related facilities. Because of how dangerous petrochemical fumes are, this is a consideration of particular importance to residents and regional EJ community advocates, and we would like assurance that this will indeed be factored into the Corps’ air quality studies and addressed in the analyses conducted for the Draft GRR and integrated supplement to the Environmental Impact Statement.

We would also like to reiterate a concern that MEJAC expressed in our February 11, 2016 public comment on the GRR Scoping Meeting that the baseline for each EJ community be reliable and that both the model and the baseline assess Clean Air Act criterion air contaminants. Our concerns with modeling for baseline assessment persists due to what many reasonable people would consider a dearth of information with which to guide a reliable air quality baseline. We are disappointed that actual monitors will not be employed to take actual measurements and feel like this is the only responsible way to truly assess the air quality impacts of the Alabama State Port Authority’s current level of activities and how the enlargement of the Mobile Harbor project could influence existing conditions.

At another point during the Africatown EJ Focus Group meeting on September 28, 2017, residents inquired about a follow up meeting with the EJ Focus Group participants in order to clearly communicate how the Corps responded to the concerns raised in the focus group settings. MEJAC would like to encourage this consideration as it would help ensure that directly impacted residents remain engaged participants in the project consideration process.

At the February 22, 2018 GRR Town Hall meeting, a MEJAC representative asked about the status of the other EJ focus group meetings similar to the one held in the Africatown community that are to be held for the Orange Grove and Down the Bay communities. The audience received assurances from the Corps that future EJ focus groups are planned. However, MEJAC has concerns about the impact of concerns from these communities will have on the SEIS since the Draft GRR is due to be completed in just a couple of months and those meetings have not even been scheduled. Down the Bay residents have expressed a great deal of concern to MEJAC, and we want to ensure that a reasonable amount of time is provided ahead of the focus group meeting to ensure their attendance.

Therefore, MEJAC requests the Corps to provide a detailed schedule as to how it proposes to conduct all remaining focus group meetings; perform all air quality and traffic studies; and encapsulate the results of these analyses into the Draft GRR and SEIS.

To reiterate in summation, our main questions in this letter are:

  • If the GRR Study is limited to three air quality modeling studies, what questions will be answered by these studies?

  • When will the public be brought to understand how the air quality baselines are being identified and assessed?

  • What air quality pollutants will be analyzed in the baseline and projected with project assessments?

  • How are with project air quality impacts, with respect to increased commodity traffic collateral emissions (i.e. hazardous petrochemical storage tank vapors, coal dust, diesel engine soot, etc.), being assessed?

  • When will the future EJ focus group meeting dates be set?

  • Will there be follow up meetings with EJ focus group participants to facilitate the best understanding of how and why the GRR responded to their questions and concerns?

Once again, MEJAC appreciates the opportunity to provide input, and we pray the Corps and all involved with the GRR Study will find relevance and importance in the concerns and questions raised by our agency and by the communities we serve.


Ramsey Sprague, President

US Senator Cory Booker Encourages Resistance while in Africatown to Study Regional Environmental Concerns

Anderson Flen addresses the Senator Booker and those gathered to host him in Africatown

Mobile County Training High School Alumni Association President Anderson Flen addresses New Jersey US Senator Cory Booker and those gathered to host him in Africatown, Joe Womack of MEJAC and Colette Pichon-Battle of the US Human Rights Network, “Ours is a powerful story.” (MEJAC)

US Senator Cory Booker Encourages Resistance while in Africatown to Study Regional Environmental Concerns
Historic significance and environmental justice attracted the national figure’s attention

6/29/2017 –  Africatown’s internationally prestigious history of being the first landfall for the last African slaves brought into North America during the Trans-Atlantic Slave Trade inspired US Senator Cory Booker to come to the Mobile community last weekend expressly to connect with Africatown and regional environmental justice advocates as part of a learning and listening tour to better understand the real issues of environmental and climate justice impacts in the Gulf South.

The Senator heard directly from residents and regional advocates about how the original African settlements are today part of what’s known as Africatown, a string of tightly-knit, almost entirely African-American residential neighborhoods which have become surrounded by heavy industrial activities and its legacies of industrial blight and toxic pollution, an encroachment on their lives that Africatown residents like Ruth Ballard oppose.

“We have struggled for years with no help. Young people are dying. Children should bury their parents not the other way around,” Ballard told Senator Booker. “I do pray and hope that someone will be held accountable for what has occurred out here in this area, because we have been dumped on – not just lately – but for years and years.”

Ruth Ballard addresses the gathering

Ruth Ballard shares with Senator Booker about the cancers that have plagued her family, which she believes are due to International Paper’s dumping in Africatown, “I do pray and hope that someone will be held accountable for what has occurred out here in this area, because we have been dumped on – not just lately – but for years and years.” (MEJAC)

“Five of my seven siblings have died. I am a twice survivor of cancer. I can’t say it was from the chemicals from International Paper, but I can say that we had no family history of cancer. Research was done,” she assured those gathered. “At one point International [Paper] had car washes you could go through at any time – and not just for employees but for us residents, as well – cause [the air] would just rust out your car. So what was it doing to our bodies?”

Highlighting the ways that Africatown’s and Eight Mile’s environmental justice stories are interrelated, President Carletta Davis of the We Matter Eight Mile Community Association spoke about her struggle of returning to the Mobile area as a mother of a child with cerebral palsy only to be inundated with forms of mercaptan that are not classified by EPA and therefore do not fall under their toxic substances concerns.

“I stand before you as a mother. Not just the mother of my children but as a mother of children in my community that have never had seizures before that are now having so many that parts of their brains are dying,” Davis said. “These are the things that we are going through in our community. It’s been nine years since the [Mobile Gas] spill and we still have mercaptan that we’re breathing in. Mothers like me need all hands on deck fighting these companies and industries that only care about their bottom line and not about our children.”

Reggie Hill II, founder of Success 4 the Future who was raised and still resides in Africatown, expressed the palpable frustration of community youth succinctly when he asked, “Why have we not held accountable the individuals who have the ability to control the circumstances of this community?”

Reggie Hill addressing group

Reggie Hill II expresses the frustrations of youth in the area, “I’m a third generation descendant of Africatown, and I’m extremely proud of it. We’re here now. We are the people who can change this community for the better.” (MEJAC)

Noting the principal environmental justice concerns of Africatown to Senator Booker, MEJAC President Ramsey Sprague explained that the most recent flurry of environmental justice activity stemmed from a proposed massive growth in petrochemical pipeline and above ground storage tank infrastructure in and around the community designed to service the extraordinarily toxic tar sands industry. “We have a momentary reprieve [from petrochemical expansion] due to the crash in crude oil prices in fall 2014, but as soon as the price returns to where it was, they will be seeking to invest again, and they have a target on Africatown. The community deserves permanent protection,” he said.

Pastor Christopher L. Williams of Africatown’s historic Yorktown Missionary Baptist Church immediately chimed in to add that the community doesn’t actually have a reprieve of any appreciable nature. “We still have people dying young,” he reminded everyone. “When I came to Yorktown in 2006, we must have had 20 funerals that year. That’s too many for one congregation. The next year saw no relief.”

“We’ve been burying people dying from cancer every year out here. It wasn’t uncommon for an entire family to have cancer. I’m working with a family now where the two daughters died, then the son died, then the father died, and now their mother has cancer. That’s unheard of in small areas like this.”

Pastor Williams continued, “Our people are suffering not just from industry coming in and staying, but they’re suffering from industry that’s gone and left chemical contamination behind, as well.”

After hearing stories from many residents and regional advocates, Senator Booker addressed the crowd by relating his experiences in Newark, New Jersey to those of the communities he had visited up to that point on this tour of Gulf South environmental justice hotspots.

“I’ve spent the last 20 years of my life as part of similarly affected communities. I was the Mayor of Newark, New Jersey, and I was stunned as a young organizer coming up [by] how our city was struggling with a legacy of corporate villainy that outsourced their toxic byproducts and literally poisoned some of our communities.”

“Whether it was the Passaic River, which runs through my community and is now a superfund site, or the soil when I was a Mayor trying to do urban farming to deal with our food deserts and prisoner re-entry [issues]. . . [T]he state literally told us that we couldn’t plant in the soil, because it was too toxic. We had to use planter boxes,” Booker told the crowd, which included many local elected officials.

US Senator Cory Booker speaking

US Senator Cory Booker encourages regional environmental justice advocates to continue their resistance saying, “In the larger cause of our country, this is not an Africatown issue, this is an American issue, and the people here are patriots. You are doing this out of a deeper love of country.” (MEJAC)

“The air was toxic,” he continued. “We had children with epidemic blood lead levels and asthma rates, and it all just made me really aware.”

“Why is it that communities in struggle, historically black communities, are struggling so much with environmental injustice and the villains who have poisoned our communities so often get off scot-free and aren’t held responsible? That’s what’s led me in the United State Senate to really focus on these issues.”

“I am on the [US Senate] committee of jurisdiction that oversees a lot of the issues we’re talking about – from PHMSA, a federal pipeline regulator, all the way to the EPA – and I’m feeling a real sense of urgency in our country. There are flashpoints that suddenly people really pay attention to – places like Flint, Michigan – but the issue of environmental toxins in communities is so much more widespread than people know about and that’s one of the reasons I’m doing this tour.”

“The thing I want you all to know is that, yes, we have work to do, because you’re right. We know the civil rights history here in the South and in our nation – and please understand, this is a civil rights issue. In the larger cause of our country, this is not an Africatown issue, this is an American issue, and the people here are patriots. You are doing this out of a deeper love of country. . . and we have got to bring truth to our country.”

“I’m standing here today because some people resisted and fought what seemed like an almost impossible battle against armed individuals with billy clubs [and] tear gas. Their actions ignited a string of love that leaped geography, leaped time, and affected generations yet unborn. That’s how you have to see this battle. What you do here is important, and I look forward to being one of the many soldiers you have in your army of love trying to fight for justice. Thank you,” the Senator concluded before leaving to tour Africatown with MEJAC Vice President Major Joe Womack (USMC-retired) and the Mobile Center for Fair Housing Executive Director Teresa Fox-Bettis.

In observation of his faith, the Senator then attended Yorktown Missionary Baptist Church for worship services after the community tour and before leaving to visit with similarly situated environmental justice communities like St. James, Louisiana, which is facing its own multi-faceted sets of looming and legacy petrochemical exposure threats.

Before Senator Booker vacated the Whippets Den, Anderson Flen, President of the Mobile County Training High School Alumni Association which administers the museum and event hall where the gathering was held, hit a hopeful note as he wisely illustrated how the community will again defy its odds by recognizing how it had defied the odds in the beginning to simply educate its youth in the historic churches which eventually created the historic school.

“Ours is a powerful story. It’s a story of education. It’s a story of health. And it’s a story of freedom, ” he explained. “This community was born in faith, and one of my goals is to take this institution and make it a green technology school [because] we have to look at those three critical points. We have to become better educated to make sure that we are protecting our health. You protect your health with clean water, clean soil – the whole nine yards. That’s the only way we will protect our freedom.”

Senator Booker’s visit to Africatown was facilitated via partnerships between MEJAC, the Center for Fair Housing, and the Mobile County Training High School Alumni Association with the US Human Rights Network. Previous parts of his tour included Lowndes County, where the Alabama Center for Rural Enterprise taught him about how climate change and environmental racism are exacerbating a reemergence of tropical diseases once eradicated in the state, and Uniontown, Alabama where he was hosted by the Black Belt Citizens Fighting for Health and Justice who had him tour their terrible municipal sewage and industrial waste sprayfields and the infamous Arrowhead landfill that dared sue BBCFHJ organizers for $30 million for defamation only to embarrassingly be forced to settle their case in favor of the Uniontown residents’ environmental complaints after national attention.

Elected officials gathered to receive the US Senator and hear his thoughts on the preeminence of environmental justice for Africatown and Eight Mile included District 97 State Representative Adline Clarke, District 98 State Representative Napoleon Bracy, Jr., District 33 State Senator Vivian Figures, City of Prichard Mayor Jimmie Gardner, City of Prichard District 1 Councilman Lorenzo Martin, and former City of Mobile Mayor Sam Jones.

MEJAC is raising funds for an Africatown Environmental Site Assessment Phase I. Please click the here for more information.

MEJAC is raising funds for an Africatown Environmental Site Assessment Phase I. We are a 501c3 registered government contractor. Please click the image for an informational PDF summary.

Written by Ramsey Sprague for

MEJAC’s Public Comment on the Scope of the Mobile Harbor Ship Channel Deepening and Widening EIS

Mobile Harbor Project Image

Mobile Bay’s Mobile Harbor Project Plan Map

A little over a year ago, the US Army Corps of Engineers (US ACoE) requested community and stakeholder input regarding the scope of what they should considering in the Environmental Impact Statement (EIS) of their General Reevaluation Report (GRR) proposed deepening and widening of Mobile Bay’s shipping channel, referred to by US ACoE as the Mobile Harbor Federal Navigation Channel.

The letter below was sent by MEJAC to the US ACoE to assist in guiding the scope of US ACoE’s EIS.

MEJAC will be looking for articulate responses to each of the concerns raised in this letter on Thursday, March 16 at US ACoE’s first EIS open house and throughout the GRR process:

Thursday, March 16, 2017

Bayfront Pavilion
6200 Bayfront Park Drive
Daphne, Alabama


Mobile Environmental Justice Action Coalition
P.O. Box 717
Mobile, AL 36601

February 11, 2016

Jennifer Jacobson
US Army Corps of Engineers
Mobile District, Planning & Environmental Division
Coastal Environment Team
PO Box 2288
Mobile, Alabama 36628-0001

RE: Public Notice: FP15-MH01-10

Dear Ms. Jacobson:

The Mobile Environmental Justice Action Coalition (MEJAC) was formed in 2013 with the mission being “…to engage and organize with Mobile’s most threatened communities in order to defend the inalienable rights to clean air, water, soil, health, and safety and to take direct action when government fails to do so, ensuring community self-determination”.

MEJAC representatives attended the Mobile District’s January 12, 2016 Public Scoping Meeting for the General Reevaluation Study and Environmental Impact Statement (EIS) to consider deepening and widening Mobile Harbor. This letter identifies the environmental justice issues MEJAC believes should be addressed in the Study and fully analyzed in the EIS to comply with Executive Order 12898. E.O. 12898 requires Federal agencies to assure minority and low-income populations do not experience disproportionately high and adverse environmental and human impacts from Federal activities and projects.

Our organization is most concerned with the indirect, secondary, and cumulative effects that could be induced to occur over time within portions of the Greater Mobile Area as a result of deepening and widening Mobile Harbor. Primary areas of concern are the Africatown Community located on either side of Bay Bridge Road between Three Mile Creek and Chickasaw Creek and the Orange Grove Community located north of Beauregard Street and west of I-65 and Telegraph Road. These two environmental justice communities are located immediately adjacent to Alabama State Port Authority lands and other industrial waterfront properties that depend upon both inland and deep draft navigation.

The potential also exists for other environmental justice communities in the Greater Mobile Area to be affected by the considered enlargement of Mobile Harbor. Extensive rail and truck traffic originate from and have as their destination the Port of Mobile and associated material handling facilities located on both sides of the Mobile River. A wide variety of commodities, ranging from inert to hazardous and flammable are transported to and from the Port each day on the railways and highways that extend from the Mobile waterfront. These overland transportation corridors pass through a wide range of communities and neighborhoods, including those dominated by minority and low-income populations. Even though these communities are located some distance from the Port, they nevertheless have the potential, due to their proximity to major transportation arteries, to be disproportionately affected by Port-related activities should the spill of hazardous or flammable materials in route to or from the Port occur in their vicinity.

MEJAC is also concerned that deepening and widening Mobile Harbor could generate indirect and secondary pressures that could ultimately affect present zoning and land use designations on properties adjacent to and within the Africatown and Orange Grove communities. These two communities are already dealing with a variety of land use issues, including the proposed expansion of an oil storage tank farm and approval of a coal handling facility. The concerns are associated with potential health and safety issues associated with such facilities. For instance, residents of both communities report to us about smelling noxious asphalt and oil fumes on an almost-weekly basis. From oil storage facility Clean Air Act-required Major Source Operating Permits, it is plain to see that these facilities are permitted to release many tons of Hazardous Air Pollutants, all of which are human health hazards, some of which like benzene have no known safe exposure level. Orange Grove residents have maintained frustration with the frequency of upkeep required to keep toxic black coal dust from settling into noticeable piles on their properties.

As is it, community leaders are struggling to not only protect their communities and their residents from such issues, but also to improve their quality of life and to maintain their cultural heritage. For example, through their efforts, Africatown was placed on Mobile’s African American Heritage Trail in 2009 and the Africatown Historic District was designated by the National Park Service and listed on the National Register of Historic Places in 2012. Expansion of the Mobile Harbor project has the potential to introduce a wide range of new land use, zoning, and environmental contaminant challenges for these communities that could threaten their future existence.

Most environmental documents addressing federal projects all too often give only perfunctory attention to environmental justice issues. That must not be the case in the EIS that is to be prepared in connection with the Corps study. MEJAC believes the following steps should be taken and questions addressed in order to assess the potential direct and indirect; primary and secondary; and cumulative effects on the Africatown and Orange Grove communities in particular, as well as other environmental justice communities, as appropriate.

  • Identify types of commodities projected to benefit from the project.
  • Will any of the anticipated commodities be considered to be hazardous, flammable, toxic, or otherwise deleterious to human health and safety?
  • Conduct an air quality analysis model study that includes reliable baselines from these environmental justice communities to assess Clean Air Act “criterion” air contaminants in order to appropriately estimate future potential changes in contaminants of concern to human health and to Mobile County’s present “Attainment” status.
  • Assess potential risks to human health and safety as a result of the proposed project.
  • Analyze the effects of the project on jobs, income, and other socioeconomic variables that are considered to be indicative of the overall quality of life.
  • Identify any other indirect, secondary and/or cumulative adverse socioeconomic and environmental effects potentially associated with project that could impact on the environmental justice communities.
  • Will the volume of petroleum products transported via water, rail, and truck be expected to increase?
  • Will additional waterfront petroleum storage capacity need to be developed?
  • Are increases in coal shipments anticipated and where will any increased coal volumes be stored?
  • What future changes will the Alabama State Port Authority have to make to its land holdings along the Mobile River waterfront to accommodate the anticipated commodity movements?
  • Identify potential future requirements for additional lands to be converted from existing uses to port and industrial uses as a result of the enlarged ship channel.
  • How will the present volume of truck and rail traffic departing from and entering the Port Authority facilities and other waterfront handling facilities be changed?
  • Assess the risk for accidents to occur on existing railways and highways.
  • Over the 50-year economic life of the project, are any traffic congestion problems anticipated?

One last point to be made, MEJAC highly recommends that the Corps hold an Environmental Justice Workshop in the early stages of work on the Study to give potentially affected low-income communities of color an opportunity to learn about the proposed enlargement of Mobile Harbor, elaborate upon the above listed issues, and voice additional concerns that should be addressed in the study but which may be missed through lack of community engagement.

MEJAC appreciates the opportunity to provide input into the Scoping Process and hopes the Corps will consider the issues we have raised to be relevant to the Study.


Ramsey Sprague, President

Protect Historic Mobile from Bulk Petrochemical Tanks, Tues 3/22 @ 10:30am

It’s not a done deal! Africatown deserves permanent protection from expansions of oil storage tanks! Attend Tuesday’s City Council public hearing to say it loud!

Next Tuesday, the Mobile City Council will hold a public hearing on zoning rules that govern petrochemical storage tanks in the kinds of I-2 Heavy Industry zones that surround Africatown (downloadable as a PDF here: Proposed Oil Tank Ordinance tracking changes from Draft). These are almost the same rules that outraged over 100 Africatown community members back on December 1, 2015 at the Robert Hope Community Center.

We need you there to guarantee that the City Council will do the right thing and protect Africatown and downtown Mobile permanently from any more bulk hazardous and toxic infrastructure!

WHAT: City Council Public Hearing on the proposed zoning code amendments about above ground bulk petrochemical storage tanks

WHEN: Tuesday, March 22 @ 10:30AM

WHERE: Government Plaza 205 Government St. Mobile, AL 36602

WHY: Hundreds of Africatown residents and Mobilian regional advocates have mobilized in the last three years to demand that Mobile leadership do their jobs and work to preserve and protect Africatown’s history and its community members.

The ordinance as written would not prevent the old International Paper property on Papermill Road being subdivided, making the proposed minimum 1,500 feet “property line” setback non-applicable.

Under the proposed rules, the Mobile Planning Commission may consider setting greater petrochemical tank setbacks, but it’s unclear if these kinds of flexible rules would stand up in court – especially if the price of oil rises again and the property becomes as desirable as it was 3 years ago.

Africatown and all historic districts deserve the right to revitalize with permanent protections from bulk petrochemical facilities.

No other similar Mobile communities are faced with this threat, nor should they be. Hazardous and toxic industrial encroachment mustn’t loom over the revitalization decisions of Africatown. Language must be included that provides a large buffer zone around federally, state, or municipally recognized historic districts so districts like Africatown.

It’s time. All of Mobile’s historic districts deserve a sizable buffer between them and any new proposed bulk petrochemical infrastructure.

Please try to attend Tuesday’s City Council meeting. If you are unable, please send a message about your feelings to the Mobile City Council members and Mayor by Friday, March 25:

Mayor: Sandy Stimpson –, (251) 208-7395
District 1: Fred Richardson –, (251) 208-7441
District 2: Levon Manzie –, (251) 208-7441
District 3: C.J. Small –, (251) 208-7441
District 4: John C. Williams –, (251) 208-7441
District 5: Joel Daves –, (251) 208-7441
District 6: Bess Rich –, (251) 208-7441
District 7: Council President Gina Gregory –, (251) 208-7441


The first advisory committee formed back in January 2014 to inform Mobile on its above ground petrochemical bulk storage tank ordinance was the City Council’s Citizens’ Industrial Zoning Advisory Committee (CIZAC). That body recommended much more robust reporting, notification, and public hearing processes for democratizing access to Mobile’s industrial planning process. They said:

  • Notification should be made for residents and property owners within 1,500 ft, including making access to Spill Prevention Control and Continuance plans readily available for notified persons
  • An improved website for resident participation should be developed
  • 311 should have notifications for industrial projects by zip code and case #
  • Petrochemical tank & other hazardous materials applicants should provide a public informational meeting upon the written requests from 5 citizens
  • Impacted residents and resident coalitions could request Community Safety trainings with fire and law enforcement personnel to discuss a project’s potential hazards, including the project’s Spill Prevention Control and Continuance plan

Let’s take a look, section-by-section at the most glaring concerns we have about the proposed legislation, which you can read here as a PDF: Proposed Oil Tank Ordinance tracking changes from Draft:

Section 1K 2(c) – “Tank: An above-ground Oil storage tank having a capacity of 10,000 gallons or more to be located in an I-2 district”


Defining the minimum capacity that triggers this set of regulations at 10,000 gallons is short-sighted and was addressed as such in the deliberation process. At the unveiling of the Subcommittee’s report to the full Planning Commission in May, Commissioner Thomas Doyle raised the concern that tank farm applicants might try to game the system by submitting plans where all tanks were less than 10,000 gallons in capacity. For instance, a tank farm with forty 8,000 gallon tanks should be regulated due to the total of 320,000 gallons of material it would have on site and its volume of emissions.

The total capacity of an above ground petrochemical storage tank site should also trigger regulation and not just the volume per tank.

Section 1K 3(b) – “Notice of the filing of an application for Planning Approval of a Tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be deposited by the City Planning Department in the U.S. mail, first class postage prepaid, not less than thirty (30) days prior to the date of the initial hearing addressed to all owners of assessed property located within one thousand five hundred (1500) feet of the property line of the proposed Site as shown on the current ad valorem tax assessment records of Mobile County. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.”


With no vapor recovery, the harmful & noxious nuisance vapors from petrochemical tanks are smellable for miles around tank farms. 1,500 ft from the proposed tank is far too small of an impact zone to consider for public notice considering the impacts that nuisance odors have on neighboring property values.

Without comprehensive vapor recovery, those living within a mile of a proposed project should receive notice.


Measuring from the proposed tank to a property line effectively limits almost all notifications going to neighborhoods living perilously close to industrial zones and would ensure that those being notified of proposed petrochemical tanks are only the most neighboring of property owners, typically other industrial properties.

Measurement for notification purposes should be set from the edge of the I-2 property to the edge of neighboring properties.

Section 1K 3(c) – “Notice of the filing of an application for Planning Approval of a Tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be published by the City Planning Department in a newspaper of general circulation in Mobile County once a week for two consecutive weeks prior the scheduled date of the initial hearing. The first such publication shall be not less than thirty (30) days prior to the scheduled date of the initial hearing and the second such publication shall be not less than eight (8) days prior to the scheduled date of the initial hearing. The notice shall contain both a diagram of the proposed Tank site location and directions to the entire application posted on the City’s website. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.


With dwindling newspaper coverage and subscription in the region, how are newspaper notifications adequate?

In addition to newspaper notifications, certified letters to neighboring property owners, and what CIZAC recommended, signs should be posted along the main right of way that a proposed petrochemical tank sits on, inviting public comment.

Section 1K 4(b) – “Description of Any Applicable Vapor, Emissions, or Odor Regulations. If the proposed Tank is subject to federal or state best management practices regulations with respect to vapor, emissions, and/or odor control, the application for Planning Approval shall include a statement as to the relevant regulatory authority or authorities and a summary of any equipment and technology being implemented to comply with such regulatory requirements.”


CIZAC recommended “the best available odor control technology” be utilized, but the concern with vapor emissions from petrochemical storage tanks goes beyond odor. Mobile’s public health officials and downtown business leadership have released statements condemning the chronic exposure to petrochemical fumes from the storage tanks already lining the Mobile River that downtown communities often smell several times a week. Downtown certainly doesn’t deserve any MORE.

New federal regulations are nice (available as a PDF here via, but it is worth mentioning, since there is plenty of misinformation from industry, that Mobile has a right, written into the Clean Air Act, to protect public health by setting local air quality standards higher than the Clean Air Act’s minimums & rules.

Emissions common to crude oil include volatile organic compounds linked to respiratory diseases and more exotic and dangerous chemicals like benzenes and polycyclic aromatic hydrocarbons which are linked to cancers and birth defects and have no safe level of exposure.

Downtown communities, including Africatown, deserve vapor capture technology on bulk petrochemical storage tanks to protect public health.


Doctors and scientists have concerns over ongoing exposure to above ground petrochemical storage tank emissions, which are released as tanks are filled and emptied. These fumes are the sources of the terrible oil- or asphalt-like stench that regularly saturates Mobile’s downtown communities.

According to board-certified Pediatrics and Medical Genetics Physician Dr. W. Wertelecki, M.D., “[p]etro-chemical pollutants are premier causes of miscarriages, birth defects, mental retardation, neurologic, respiratory disorders, childhood leukemia, and cancer. It is well documented that air, water, soil pollution and ozone levels in Metropolitan Mobile already are severe and that when permissible ozone levels are lowered in the near future, industrial expansions in Mobile may become limited. Risks associated with petro-chemicals relate to chronic leaks and transportation accidents.”

Board-certified Neurological Surgeon Dr. Bert Park, M.D. had this to say about petrochemical tank farms’ toxic vapor emissions:

“Having recently returned to Mobile after a 35 year absence, I have become increasingly concerned with the proposal to place above-ground petroleum storage tanks near vibrant residential areas. As a physician (neurological surgeon), I am also familiar with the closures of pulp mills during the 1990s, mandated in large measure because of justifiable health concerns. Not only did the surrounding area experience a striking increase in hematologic cancers (i.e. lymphoma and leukemia among the young in particular); I well recall the noxious fumes emitted by the mills during the period of my former residence here in 1980. I mention the latter, because having come from Kansas City where above-ground storage tanks of all sorts were plentiful virtually precluded any residential development near them for the same reason.

Mobile is currently experiencing a resurgence in restoration architecture, both residential and commercial, near the very area of the tanks’ proposed placement. In my view that will be counterproductive to such vital ongoing development. Yet speaking as a physician, an even more important concern is the well-documented health-care issues associated with shale and crude oil chemical contamination, whether in the air, water, or ground soil. Both types of oils contain significant concentrations of benzene (among other deleterious by- products), well recognized to be carcinogenic for humans.

Despite assurances that the possibility of untoward occurrences is allegedly slight should zoning ordinances be modified to accommodate petrochemical storage tanks near residential areas on the West Bank, the recent track-record nationwide tragically affirms that accidental leaks, spills, and explosions are on the rise—and strikingly so. If located in the area proposed, the so-called “collateral damage” would not only be immense, but would have longstanding negative repercussions on the environment.”

What excuse is there that the Planning Commission completely ignored concerns of prominent area physicians?

Section 1K 5(a) – “Setback in ESA. The minimum setback for a Tank to be constructed in the ESA shall be one thousand (1000) feet measured from the Tank to the property line of the nearest habitable residential structure, church, or school existing on the date of the submission of the application for Planning Approval, with the Planning Commission having the authority to increase the said setback on a case by case basis should specific circumstances or factors warrant.”


CIZAC originally suggested that “New petroleum tank developments should not be built within 1500 feet to 1⁄2 mile of residential community, private property, private businesses, schools, public places, historic structures or historic districts.”

A 1,500 ft setback from the “nearest habitable residential structure, church or, school” may still, by the ordinance, allow tanks at the old International Paper site in the Africatown community, because that property could be subdivided, thus moving its “property line” back. Also, by defining the trigger for the setback to be a structure, and not a “residential zone”, it not only invites the purchase and liquidation of residential buildings for the purpose of creating a suitable setback but also limits the options for building houses on residentially zoned property that didn’t have structures on it previously.

MEJAC supports a dramatically stronger setback requirement for residentially zoned property like Africatown and other downtown neighborhoods, recognizing that Africatown overwhelmingly doesn’t want any more tanks.

Section 1K 5(b) – “Plan Review. Prior to the issuance of a building permit for any Tank, all construction plans for the Tank shall be reviewed by an independent professional engineer experienced in the design and construction of above ground oil storage tanks engaged by the City of Mobile who must certify in writing to the Building Department that the plans comply with all applicable construction standards and code requirements. The cost of such review as invoiced to the City shall be paid by the applicant as a condition to the issuance of the building permit. As a further condition to the issuance of a Tank building permit, at the time construction drawings are submitted, the applicant shall also submit its Facility Response Plan (FRP) to the City of Mobile and Fire Department prior to the issuance of the building permit. Any portions of the FRP that contain information that the Department of Homeland Security restricts the disclosure of, or which the applicant otherwise considers potentially sensitive, shall be redacted.”


That last sentence, “Any portions of the Facility Response Plan that contain information that . . . the applicant otherwise considers potentially sensitive, shall be redacted.” seems overly broad. Sensitive to whom? What justification other than Homeland Security requirements is there to deny information related to emergency responses?

There’s no need for this kind of language when it could be argued to be a catch-all phrase providing legal protection from disclosures that are not required by national security, at all.

Section 1K 6 – “Change in Oil Product Classification. Applicant may only store an Oil product with a different NFPA 30 Classification than the NFPA Classification listed in the application for planning approval for the Tank after providing written notice to the City of Mobile’s Planning Department of the change and engineering verification than the Tank complies with the NFPA 30 requirements for the new product Classification.”


During the deliberation process, concerns were raised by Planning Commissioners about changes to petrochemical tank contents that have higher flammability ratings than crude oil, as recognized by NFPA 30 Classifications. It was argued that changes that increase flammability should require reapplication or public notice of some degree.

However, the ordinance was never changed to reflect that concern. As written, petrochemical companies could just drop a note by the office to bring more explosive petrochemicals than crude oil into neighborhoods. No oversight necessary.

If oil is already compromising, given the explosive nature of Bakken crude oil and tar sands diluted bitumen, storing more highly-flammable substances exposes communities to a higher degree of risk than desired. Oversight, or at least a plan that recognizes that different grades of petrochemicals pose varying degrees of danger to neighboring communities, should be provided in instances of the storage of explosive materials in proximity to schools, churches, and homes.

Section 1K 7(b) – “Inapplicable To Existing Tanks. This subsection 64.4. K. shall have application only to new Tanks constructed after the effective date of this subsection. Sites with one or more above-ground Oil storage tanks having a capacity of 10,000 gallons or more located in an I-2 district on the effective date of this subsection are confirmed in their entireties for purposes of the Zoning Ordinance as conforming permitted uses with respect to all such existing above-ground Oil storage tanks. The above-ground Oil storage tanks existing on such Sites on the effective date of this subsection are confirmed for purposes of the Zoning Ordinance as conforming structures. An above-ground Oil storage tank existing on the effective date of this subsection may be repaired, replaced, or reconstructed on the same Site without compliance with this subsection and without the need for any further Planning Commission approval, The replacement for a tank existing on the effective date of this subsection need not have the identical footprint or configuration as the tank it replaces provided the capacity of the replacement is not greater than the tank it replaces.”


The Enhanced Scrutiny Area (ESA) was set small to deliberately exclude consideration of the dozens of petrochemical tanks already operating primarily along the riverfront. During deliberations, critics on every side thought that was short-sighted and sought to expand the scope and consideration. Puzzling arguments as to why any potential ordinance needed to only apply to the ESA area were made, but…

This ordinance proposes grandfathering all existing bulk petrochemical tanks outside of the ESA as “conforming uses” without any mechanism of oversight. CIZAC recommended only grandfathering existing petrochemical storage tanks until “a change in use, a reconstruction of over 50% of the existing development, an abandonment of operations for one year, or an expansion of capacity will constitute new construction requiring re-application.”

Section 1K 7(b) also states that an increase in capacity alone is an appropriate metric by which to determine whether public notification or permit reapplication is warranted. This is again inadequate, because changes to the site or its contents could be dramatic with no oversight, as proposed by Section 1K 6.

Either apply the ordinance’s provisions to all of the city’s bulk petrochemical tanks or only apply them to the ESA and leave others out of the discussion.



CIZAC recommended bonding and insurance requirements that considered catastrophic failure consideration. This ordinance doesn’t even address bonding, insurance, or even responsibility in the case of catastrophe, opening the door to claims of indemnity by tank farm operators or clients should a disaster occur, leaving taxpayers to foot their bills. Mobile is still suing BP… Haven’t we learned this lesson the hard way?


The remedy for violations, as we witnessed with Arc Terminals’ illegal sulfuric acid storage scheme, is inadequate considering the real risks to health, well-being, quality of life, employment, and the environment. This ordinance has no specific remedies, whatsoever, meaning that non-compliant tank farm operators or clients would face a slap on the wrist if they were caught.


CIZAC recommended that “the Council create a new Africatown Heritage Protection Buffer Zone in the portion of the ESA surrounding Africatown, that provides a 1⁄2 mile transitional buffer that will be rezoned “I-1 Heritage Buffer”, in order to protect the historical character of the area, provide a transition buffer from I-2 industry to residents/schools/community gathering places there, and make appropriate redevelopment use of former I-2 heavy industrial and/or Brownfield sites.” NONE of that language is included or considered anywhere…

Given the impact, the Commission should adopt a Petrochemical Heritage Buffer for all historic districts in the city – INCLUDING AFRICATOWN.

It’s time. All of Mobile’s historic districts deserve a sizable buffer between them and any new proposed bulk petrochemical infrastructure.

Please try to attend Tuesday’s City Council meeting. If you are unable, please send a message about your feelings to the Mobile City Council members and Mayor by Friday, March 25:

Mayor: Sandy Stimpson –, (251) 208-7395
District 1: Fred Richardson –, (251) 208-7441
District 2: Levon Manzie –, (251) 208-7441
District 3: C.J. Small –, (251) 208-7441
District 4: John C. Williams –, (251) 208-7441
District 5: Joel Daves –, (251) 208-7441
District 6: Bess Rich –, (251) 208-7441
District 7: Council President Gina Gregory –, (251) 208-7441



LETTERS NEEDED MONDAY: Request a Public Hearing for Plains’ Magazine Point tank farm air permit

Fellow Mobile Residents,

Please join us in writing a letter to permitting regulator, Ronald W. Gore at ADEM’s Air Division, respectfully requesting a public hearing so that impacted communities may participate fully in the air permitting process that affects most but rarely engages any.

Please do not hesitate. These must be received by the regulator by Thursday, December 24, 2015!! You can mail it in first thing Monday, but the safer bet is to hand deliver them to the ADEM office at Mobile Coastal Field Office, 3664 Dauphin Street, Suite B Mobile, AL 36608.

Plains has applied for a Major Source Operating Permit (MSOP) through ADEM’s Air Division. MSOPs are 5-year permits required for facilities triggering Title V “regulation” under the Clean Air Act.

Unfortunately at the current time due to having been grandfathered in, the level of “regulation” for old petrochemical storage tank farms like this one is little more than filing the permit for the emissions that are suspected. There are no reporting or testing requirements, thus facilities like Plains’ tank farm operate only by the friendly guesswork of regulators who don’t have local or state emissions reporting requirements, like ADEM.

This facility’s emission products are linked to risks for respiratory diseases, cancers, and birth defects not to mention the highly likely negative impacts to property values. Given these concerns, antiquated and unacceptable approaches to “regulation” warrant challenge.

For those interested in verifying that the code doesn’t require any testing whatsoever, the statement that the tanks aren’t required to have any testing or emissions reporting is found on page 17 of 68 of Plains’ MSOP permit application here [23.6mb PDF]. Also available are the relevant sections of the federal code (40 CFR Part 60 Subpart Kb) and ADEM Admin Code r.355-3-6-.03 (SIP) [508kb PDF] that are cross-referenced in the permit application with regards to Clean Air Act jurisdiction.

Again, please do not hesitate. These must be received by the regulator by Thursday, December 24, 2015!! You can mail it in first thing Monday, but the safer bet is to hand deliver them to the ADEM office at Mobile Coastal Field Office, 3664 Dauphin Street, Suite B Mobile, AL 36608.

Plains Proximity Map

Plains’ tank farm proximity to Africatown

For a little background on where this facility fits into the larger picture of the threats facing Africatown and Mobile, the pipeline laid from this facility connects to the one traveling across the Big Creek Lake watershed to Chevron’s massive Pascagoula, Mississippi chemical refinery. That same pipeline was proposed to be tied into the currently tabled massive expansion of petrochemical transport and storage facilities in Africatown adjacent to the historic Mobile County Training School.

Thank you for taking a stand for resident participation in decisions that affect them!


Here is a SAMPLE LETTER with all of the relevant addressing information. It is not ready to print and sign. Please use it as a style guide for your own thoughts:

December 21, 2015

Public Hearing Request Re: Facility/Permit No. 503-3013
Plains Marketing L.P.’s Mobile Terminal at Magazine Point

Ronald W. Gore, ADEM-Air Division
PO Box 301463
Montgomery, AL 36130-1463

Dear Mr. Gore,

Out of concern about Plains’ above ground petrochemical storage tank farm at Magazine Point, Facility/Permit No. 503-3013, I am formally requesting a public hearing for this permit request.

Magazine Point, where this facility is located, is the site where the 110 survivors of Clotilde landed after their perilous journey across the Atlantic after being sold into slavery to the Meaher family. [For residents in proximity:] I live [x amount of distance] from the Plains facility, and I smell noxious oil and asphalt odors in and around my home on a regular basis. I believe this facility’s 17 storage tanks to be a significant contributor to the ongoing nuisance. [If you are not close enough to smell the tank emissions, please note how you are affected or concerned by what you have heard]

Concerns have been repeatedly raised by prominent area medical professionals that chronic exposure to the Volatile Organic Compound (VOC) and Hazardous Air Pollutants (HAP) emissions from facilities like this as well as the resultant photochemical ozone made from reactions involving VOCs, nitrogen oxides and sunlight could cause respiratory diseases, cancers, and birth defects.

In light of the permit application stating plainly that emissions testing requirements would only be applicable to any of the tanks at this facility if gasoline is eventually stored, I am concerned that the proposed permit is actually unenforceable with respect to the damaging VOC and HAP emissions regulated under Title V of the Clean Air Act.

According to ADEM’s statement of basis for this Major Source Operating Permit (MSOP), VOCs at this facility are assumed to be emitted at a rate of more than 100 tons/year with the additional presumption that HAPs are emitted at less than 25 ton/year, but without testing or reporting requirements, how does ADEM know, in fact, how many tons/year of VOCs are actually emitted at this facility?

Given my stated concerns, I feel that a public hearing is warranted to allow me and my neighbors the opportunity to learn about and participate fully in ADEM’s public air quality permitting process.

I also respectfully request a response to my request.

[your name]
[your address]