NOCO Required to Install Pollution Control Technology at 6 Asphalt Tanks
NOCO Energy Corp operates a petroleum and chemical bulk storage terminal in Tonawanda. This facility stores and distributes liquid petroleum and products containing regulated air pollutants. There are 68 storage tanks at NOCO’s property, including 6 tanks that hold asphalt.
Our members have complained numerous times to the Department of Environmental Conservation regarding smells by the NOCO facility.
“There are consistent odors and so forth. One that I encounter generally several times a week is one at South Grand Island Bridges, it’s pretty strong petroleum, and it shows up there from NOCO territory.”
“For me the most significant is I really, really dislike some morning if I happen to be taking a walk on the River Walk, close to the Grand Island Bridge and all of the sudden I start to smell some awful horrendous smell.”
NOCO has also been found in violations numerous times over the last 5 years for violation of the Clean Air Act.
In 2014, our membership sent letters to the Department of Environmental Conservation, and the Environmental Protection Agency demanding more pollution control technology at the facility.
This spring NOCO’s Title V air permit was up for renewal. Title V air permits are required for all major air pollution sources and are renewed every 5 years. Air permits set requirements for the facility to perform monitoring so that the public can be confident that the facility is following the law and may require control technology for certain pollutants that can negatively impact people’s health.
In the new permit, NOCO is required to install pollution control equipment on these tanks, to reduce emissions between 2015 and 2019!
Our Tech Team worked diligently for a month and a half to review the new permit, and demanded better monitoring of the pollution control technology, and clearer enforcement guidelines for the asphalt tanks.
On July 3rd the New York State Department of Environmental Conservation responded, stating that the agency agreed with our comments, and will develop a plan to improve air monitoring at NOCO!
Annual Dinner Recap!
On Thursday, May 7, over 200 Clean Air members, supporters, and community leaders joined us at the Hotel Lafayette to celebrate another incredible year of hard-fought victories for environmental health and justice and to honor this year’s winners of our Unsung Hero and Golden Gas Mask Awards.
Our award winners, L-R: Diane Lemanski, Vince Mistretta, and Will Yelder
THE UNSUNG HERO AWARD honors a person who has shown a significant commitment to the fight for environmental health and justice in Western New York but whose work might go unnoticed. This individual has demonstrated both humility and an unwavering commitment to the fight for environmental health and justice in the region.
THE GOLDEN GAS MASK AWARD honors a person who has shown dedication and leadership in the fight for environmental health and justice in Western New York. This individual has demonstrated a deep commitment to action on behalf of Western New York residents and has contributed to the development of powerful strategies to improve community health and the environment.
WILLIAM YELDER is a member and volunteer from Buffalo. Will has worked tirelessly on our Participatory Budgeting (PB) campaign, among several others, since joining Clean Air in 2012. PB is trying to democratize public money in the City of Buffalo to be decided on by regular people. He has attended three PB conferences across the country; presented at multiple conferences, community events, and regional panels; was a 2012 Lois Gibbs Fellow; has made hundreds of phone calls during phone banks; and has met with every member of the Common Council, the Mayor, and many other local legislators about PB. Will was also on the City Hall PB Working Group Committee to explore whether the City of Buffalo can implement PB. If you need to know anything or everything about PB, Will is your guy – though be prepared to listen for a while. Just call him PB Will, he is one of our recipients of the 2015 Unsung Hero Award.
VINCENZO MISTRETTA has been the man behind the camera at dozens of Clean Air events since becoming involved in 2011. All of the videos used to promote Clean Air and document our work have been shot, edited, and perfected by Vince. He’s shot the Just Transition Conference, Amigone Hearings, Participatory Budgeting Expo, and many more. Vince has also given his time and energy as a volunteer at several Clean Air events, helping the staff build a movement for a healthier WNY. He is one of our recipients of the 2015 Unsung Hero Award.
DIANE LEMANSKI joined Clean Air in 2013 for support in fighting the noise and dust coming from a concrete crusher that is operating behind her home in Seneca Babcock. Diane’s comprehensive record keeping and “take no prisoners” attitude led to organizing her neighbors to fight for a better quality of life. Diane’s determination and strategy won infrastructure improvements on her street, DEC enforcement action on the company, and Senator Charles Schumer’s support in 2014. Diane is the recipient of the 2015 Golden Gas Mask Award.
Thank you to all who attended, sponsored, and supported our Sixth Annual Dinner. Visit our Facebook for more amazing pictures of the night, courtesy of Alex Fisher. Special thank you to James Heaney of Bicycle Creative for his support in designing our beautiful event programs you see above. If you couldn’t make it but would still like to support the work of Clean Air and our members like Will, Vince, and Diane, just hit the Donate tab up there on the top right – your contribution will go to work right away fighting for a healthier WNY for all.
Sponsors
Allen Street Consulting
Erie County Legislator Betty Jean Grant
Buffalo CarShare
Campus Wheelworks
Coalition of Black Trade Unionists
Canisius College Dept. of Environmental Studies
Citizen Action
Community Power for Health and Justice
CWA Local 1122
CWA Local 1168
CWA District 1
Dan Schmidt, State Farm
District Council 4
Dolce Panepinto
Emminger Newton Pigeon Magyar, Inc.
Gallagher Printing
Geico
Hip Gypsy
IBEW Local 41
Lexington Co-Op
Lipsitz & Ponterio
Erie County Executive Mark Poloncarz
Buffalo Common Councilman Michael LoCurto
Teamsters Local 264
Senator Timothy Kennedy
Town of Tonawanda Deputy Supervisor Joseph Emminger
Tri-Main Development
UB MD – Internal Medicine
University at Buffalo School of Nursing
WNY Area Labor Federation
WNY CWA Council
ECDC Chair Jeremy Zellner
EPA Reaches 12 million Civil Settlement with Tonawanda Coke
The US Environmental Projection Agency and New York State reached a $12 million settlement with Tonawanda Coke Corporation.
- $7.9 million will be used for equipment upgrades for their facility to reduce emissions.
- $2.75 million will go to the Federal Gov’t and State of New York for civil penalties
- $1.3 million will be managed by the State of New York to be used for local environmental projects.
“We applaud the hard work and leadership of the US EPA . For years Clean Air has organized Tonawanda residents to demand justice. We understand that $1 million will be set aside for “Environmental Benefit Projects. We urge the Attorney General’s office to use a participatory budgeting process where residents can generate ideas and vote on what projects this money should fund. Local residents need to have direct control over where that money is spent,” said Rebecca Newberry, Clean Air organizer.
Participatory Budgeting (PB) is a democratic process in which community members directly decide how to spend part of a public budget. It gives ordinary people real power over real money, letting them work with government to make the budget decisions that affect their lives.
Link to the consent order: http://www.justice.gov/enrd/consent-decree/us-et-al-v-tonawanda-coke-corporation
Read more on settlement here.
Clean Air Partners with Ken-Ton Teachers to Bring Free Books to Kids!
Clean Air is proud to announce our partnership with the Kenmore – Tonawanda Teachers Association’s and the WNY Area Labor Federation First Book Program.
First Book is a national organization that supports literacy for young people. On May 16th between 9 and noon, 4,000 new, free books will be available to families to pick up at the Local 135 United Steelworker Hall at 810 Sheridan Dr. in Tonawanda (near Sheridan Park).
We need your help to get the word out! Clean Air members will be calling families telling them about this great opportunity stock up on books for summer reading! We need people to help make calls! We will provide the phone numbers and the script of what to say. Our phone bank will run on
Tuesday, May 12th from noon to 4pm
Wednesday, May 13th from 4 to 7pm
Thursday, May 14th from noon to 4pm.
Come help out! Call Rebecca at 852-3813 or email at Rebecca@cacwny.org to tell us your coming down.
Do More DuPont!
We need DuPont to Do More to reduce harmful emissions in Tonawanda
Tonawanda New York has the highest concentration of air regulated facilities in the state. DuPont is a major contributor to this air pollution. The DuPont Yerkes facility is the 3rd largest polluter in Erie County. According to the most recent data from the EPA’s Toxic Release Inventory, DuPont emits 201,239 pounds of Methyl Methacrylate and 36,400 pounds of Vinyl Fluoride, both these chemicals can cause serious health problems.
We know while the average income of households living next to DuPont Yerkes is about $11,000 a year, DuPont’s CEO’s total compensation was over $14 million in 2013. They are a Fortune 500 company, and the largest U.S. chemical maker by market value.
DuPont also has a history of violations
In 2010, an explosion at the plant killed a worker and seriously injured a second
In 2012 DuPont was fined $165,000 for violating the Clean Air Act
In 2014, DuPont was fined $440,000 for violating the Clean Air Act and the Emergency Planning and Community Right to Know Act
There are simple solutions that would reduce emissions at DuPont. But DuPont is refusing to invest in this technology. This is unacceptable.
We think Tonawanda residents and DuPont workers deserve better.
Our elected officials agree! Read letters of support from NY Senator Marc Panepinto, Erie County Legislator’s Kevin Hardwick and Peter Savage and City of Tonawanda Mayor Rick Davis and City of Tonawanda Councilwoman Jenna Koch.
If you agree – take a picture or post on social media
#DoMoreDuPont
Community Control Over Public Dollar$
Community Control over Public Dollar$ is the culmination of the work done by the City Hall PB Committee. The committee was established by a resolution introduced by Councilman LoCurto-
which passed unanimously, back in July, 2014 to produce recommendations on how the City of Buffalo may implement a Participatory Budgeting Process and join other cities like Chicago, St. Louis, Boston and NYC. The Committee was diverse and represented many neighborhoods in the City of Buffalo; like the Community Action Organization (CAO) of Buffalo, the Seneca Babcock Community Center, the Somali- Bantu Community Organization and the University Heights Tool Library. There were also individuals residents in the committee who were appointed by the councilmen.
The Exposition on the 25th of March is shaping up to be a fun-filled family friendly event where members of the committee will get to showcase the work they have been doing and share the committee’s recommendations and where community members will get to learn about the PB process and how it can be implemented right here in Buffalo.
We really hope you can join us! If you have any questions, call our office @852.3813 or email natasha@cacwny.org. Join the event on facebook!
Clean Air members featured in Slate Magazine
“We have to move past the point where your zip code determines the quality of your life,” stated Virginia Golden, Clean Air member in Slate Magazine in today’s article, America’s Unfair Rules of the Road: How our transportation system discriminates against the most vulnerable, sheds light on people living in Buffalo, New Orleans, Detroit, Johnson County Kansas and other cities who are facing discrimination and racism.
Read the entire article here.
Just Transition: Pathway to Prosperity and a Healthy Planet
Recent years have demonstrated that extreme weather is the new normal. The Australian heat wave, Hurricane Sandy, the Buffalo Snowvember, and the blizzard currently hammering the Eastern seaboard, can all be attributed to climate change.
The burning of fossil fuels is the main cause of the climate change crisis. It is a manmade phenomenon and will, if not abated, lead to ever-greater destruction of the environment of this planet. Working and poor people will be impacted by climate change more than anyone. On this fact, there is literally no scientific debate.
The question must be asked: who are the forces denying this reality and what can be done to transform our energy production and energy needs to stop this destructive path?
At its base, the climate change issue exposes underlying economic forces. The leading deniers of climate change reality are in the fossil fuel business. For them, moving away from from fossil fuels to renewable energy
sources represents a profound crisis.
This is particularly true of the Koch Brothers and their various public offspring. They buy elections and pay for spokespeople in order to continue to expand an empire built on destroying the environment. And more often than not, the same people who fund anti-environmental campaigns favor and fight for policies that harm workers and benefit the 1%.
The world is at a crossroads on this question, and the move to renewable energy is an urgent necessity. Solutions can and must be found.
For the broad masses of the world’s people these solutions must be found in such a manner as to improve economic well being; not as an excuse to shift the burden of needed changes onto their backs. Fortunately, such a path does exist and it is possible.
The key concept is that of a Just Transition from fossil fuels to renewable energy. A Just Transition does not destroy jobs, it creates hundreds of thousands of new ones: it helps communities keep services and schools, it doesn’t gut them; it expands public transportation with modern, more efficient buses and trains; it fosters public/private partnerships like Solar City (being built on the site of the old Republic Steel); and it provides opportunties for co-operative worker-owned businesses that are powered by green energy. Further, we must dedicate massive investment in our crumbling infrastructure and pay for it by ending subsidies to the oil and gas industry.
The time has come to address this problem by taking a hard look at the forces on either side of this divide. Either line up with a broad-based mass movement for a greener earth and more fair economy or deny what the world’s scientific community has declared and be part of the modern flat earth society and the Koch Brothers’ empire.
Richard Lipsitz is President of the Western New York Area Labor Federation, AFL-CIO.
Erin Heaney is Executive Director of the Clean Air Coalition.
* Note: this commentary was re-posted from The Public. To visit go to www.dailypublic.com
Community Update on Tonawanda Pollution Prevention Projects
Did you know that Tonawanda has the highest concentration of major air pollution sources in New York State?
Pollution prevention is one way to reduce emissions into our community. It means eliminating toxic chemicals at the source, instead capturing emissions at the end of a process.
Representatives from the Department of Environmental Conservation (DEC) and the Pollution Prevention Institute will share information on pollution prevention programs that have been taking place in Tonawanda.
Join us, give feedback, and share your thoughts for potential future projects.
January 28th, 2014
6:00- 7:30
St. Bartholomew Church 2368 Eggert Road, Tonawanda, NY 14150
For more information contact Rebecca at 852-3813
Our Favorite Movements of 2014!
2014 has been an exciting year at Clean Air!
We’ve witnessed the sentencing of Tonawanda Coke and won a full investigation after the plant’s explosion, we’ve won a commitment from the state to invest millions of dollars in pollution reducing technology at the Peace Bridge Plaza, we hosted a very successful Just Transitions Conference to plan our fight for workers and our tax dollars in case our coal plant retires, won a Common Council resolution to explore Participatory Budgeting in Buffalo and kicked off the City’s PB committee, joined residents in Seneca Babcock fighting for their quality of life, we’ve presented at the 3rd International Conference on Participatory Budgeting in Oakland California, won a historic victory on Amigone Crematory – ending over 20 years of human ash that polluted a neighborhood, we’ve hosted social and economic justice leaders like Les Leopold, Brent Bucknum, Josh Lerner, Claire Miller, Sean Sweeney and Jean Pogge…
and don’t forget… we’ve moved into a bigger office and grown our staff!
Below are a few of our staff’s favorite moments. What was yours?
Erin: My favorite moment was sitting with the staff and membership at our retreat at Stella Niagara singing along as Bill led us. I loved learning about the songs of resistance, making noise with people I love, and regenerating ourselves for the fights to come!
Natasha: My favorite moment of 2014 was in Oakland California for the 3rd International Conference on Participatory Budgeting in North America. As an organization we have been researching, advocating for and promoting PB as a means to allocate public dollars in the Tonawanda Coke case and in the City of Buffalo. We attended the 2nd International Conference in Chicago with Heart of the City Neighborhoods, Hispanics United, Councilman Rivera’s office and members before trying the process out in Tonawanda. So for the third conference we thought we would apply to present on the work we’ve been doing organizationally- and our proposals were accepted!
We prepped for months, for many of our members it was the first time they would be presenting on a panel in general, let alone for an international audience. Anyway, 3 of our members were presenting on the first day of the conference, almost back to back, on two different panels, so of course Rebecca and I attended both sessions. I was taking pictures on my phone and on our camera, smiling from ear to ear- I was so proud of our members and our organization. In between our member’s presentations I received an email from Ms. Lehman from the NYS Thruway Dept. where she informed me that the Public Bridge Authority just passed a resolution to invest approximately $3 Million on green infrastructure to act as buffers between the Peace Bridge Plaza and the residents- something we have been pushing the PBA to do for years. Yes, I think that was my favorite moment of 2014.
Rebecca: My favorite moment from this year was working with the technical team to review and comment the DuPont Yerkes air permit. We aim to get 
technology in the plant to improve the safety and health of workers and residents who live near the facility. Our group read and reviewed 100’s of documents, met weekly to problem solve and try to identify ways the company could monitor more accurately, and find ways the facility could reduce , emissions. After we set our comments into DEC we held a press conference outside the plant, and were joined by allies in Labor, the City of Tonawanda Mayor’s Office, and from the Western New York Council on Occupational Safety and Health. Being able to comment on something like an air permit took a lot of patience and it was a learning curve for all of us. Our demands have now been sent on to EPA – and I am excited to see what next year will bring.
Rachel: My favorite moment was the vote at the Erie County Legislature that kept Amigone Crematory from opening again in our members’ backyards! The 
anticipation as each legislator cast their vote and the collective shift in energy as we all realized that the motion had passed was such a special experience. It reminded me that real people can make change happen! If you missed it, check out our video of the vote here.