EPA rips SC agency that allows industry to increase pollution near Black neighborhoods

The U.S. Environmental Protection Agency says South Carolina regulators allowed an industrial plant to increase air pollution near minority communities, in violation of federal law.

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In a decision last week, the EPA said the S.C. Department of Health and Environmental Control didnt follow federal requirements when it changed a permit for Century Aluminum to release more particulate matter near Charleston.

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The EPAs action has the effect of overturning DHECs decision, at least until the state department goes through a more thorough analysis and gives the public a chance to look at Centurys plan.

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Federal decisions to intervene in state permit approvals are not common, but the EPA said its action was necessary.

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DHEC did not require the level of public review needed to grant approval for such a change in pollutants to be released , according to the EPA. DHEC also did not clearly state in a public notice that there would be an increase in air pollution, the EPA said.

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The public was deprived from the opportunity to meaningfully participate on that air pollution control permit decision, EPA Administrator Michael Regan wrote in the decision.

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The EPA said DHECs decision allowed for a nearly 50 percent increase in particulate matter pollution that would be allowed at the plant. Particulate matter is often referred to as soot. DHEC also approved allowing an increase in sulfur dioxide pollution, environmentalists said.

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Both pollutants can cause or worsen breathing problems for people exposed to elevated levels.

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More than 40 percent of the people living within 3 miles of the Century plant, a metals smelting facility, are African American and 29 percent are considered low-income, the EPA Administrators Nov. 2 decision document says.

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The Environmental Integrity Project, a national group that asked the EPA to review DHECs changes to Centurys permit, said those neighbors have been hit recently with large releases of aluminum oxide particles from the plant, which is in the Mount Holly area of Berkeley County.

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The hazardous substance has rained down on their homes and cars, threatening their health and quality of life, the project said in a news release.

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Efforts to reach Century Aluminum were not successful Tuesday afternoon.

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In a statement Tuesday evening, DHEC said changes in the air pollution permit were processed in accordance with the state and federal air quality regulations that exist for protecting peoples health.. But the department also said it is aware of the EPAs concerns.

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We will ensure there is meaningful community input throughout DHECs actions in response to these recommendations, the agencys statement said. Additionally, DHEC remains committed to providing other opportunities for community members to engage with us about Century Aluminum.

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Environmentalists said the EPA rebuke of DHEC was warranted.

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Instead of requiring Century to invest in modern pollution controls for this old smelter, South Carolina tried to slip a major increase in dangerous particulate matter emissions and sulfur dioxide past the public in violation of the law, said Jen Duggan, deputy director for the Environmental Integrity Project.

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Bob Guild, a Columbia attorney involved in the challenge for the Sierra Club, said the EPAs action isnt common and shows how poorly DHEC weighed changes to the Century air pollution permit. But he said DHECs failures are nothing new in South Carolina.

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The agency often sides with businesses, instead of the general public, on environmental issues, he said.

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They dont want to make polluters mad, Guild said.

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Century Aluminum, which has operated for more than 40 years in the Lowcountry, in 2021 announced a $60 million expansion that would increase employment by more than 100 jobs. The plant employed more than 300 people at the time.

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The company is one of the few aluminum smelting plants in the country.

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This story has been updated with comments from DHEC.

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This story was originally published November 7, 2023, 17:27.