Home Action Alerts Oh What a Night!
Oh What a Night!
Thursday, 22 October 2009 02:12

 

Last night’s public hearing on Titan’s draft air permit could not have made me prouder of my community. Our rough headcount tallied 1,500 people attending the two public hearings held at the North Campus of Cape Fear Community College, with about 80 to 90 percent opposed to Titan’s permit. A virtual red tide of citizens demanded that DAQ reject the weak draft air permit on numerous legal, technical, and environmental grounds.


Titan has so little local support they had to bring in dozens of ringers, employees, and contractors from Virginia and South Carolina, who took up enough speaking slots from local residents that the DAQ hearing officer limited public comments to two minutes—which we later learned from Duke law professor Michelle Nowlin was a violation of North Carolina’s public hearing laws. Many people waited for more than an hour to get a seat in the packed auditorium which was standing-room only for both hearings.


I guess it’s not surprising that a dirty industry would pull such dirty tricks. About a dozen local residents and former Ideal Cement plant workers expressed legitimate concerns about the need for jobs in our area. Then there were the usual suspects associated with the WID/Committee of 100 that lured Titan here in the first place, including County Commissioners Bobby Greer and Bill Caster who gave them $4.2 million of our hard-earned money. This is the group who is convinced that a net of 48 jobs for the county is worth turning our airshed and aquifer into a toxic tailpipe. Most of the pro-Titan speakers, however seemed to be either on Titan’s payroll, on Titan’s bus, or represented companies that stood to gain financially if Titan’s plant is built.

 

But what can you expect from a company whose officers have misled the public about their toxic emissions, broken promises to our elected officials, refused to attend public forums, told us we need to eat less seafood because of mercury--but their mercury wouldn’t harm a thing, and used their high-paid hockey team of lobbyists to prevent legitimate debate before our general assembly? If this is the kind of underhanded, dirty pool they’re playing before they are even here, just imagine what they’d be like as neighbors.


Since we love numbers, here’s a rough breakdown of the speakers:

 

2 – 5 pm hearing

An estimated 80 speakers

About 50 local citizens opposed Titan’s draft air permit, including County Commissioner Jonathan Barfield, Riverkeeper Doug Springer, Coastkeeper Mike Giles, representatives from NC Sierra Club and Conservation Network, local physician Bob Parr, and a charming steel magnolia named Belle Lanier, age 80, who told DAQ officials exactly why Titan does not belong here.


Of the 30 pro-Titan speakers (we can’t remember one of these who actually addressed the air permit or air emissions), most were ringers bused in from out of state or represented companies that work for Titan. The dozen or so locals in favor included NHC Commissioners Caster and Greer, Chamber of Commerce spokesperson Connie Marjorette and Pender County Commissioner Norwood Blanchard.

 

6:30 – 9 pm hearing

About 89 speakers

76 opposed to Titan’s draft air permit

13 in favor (Only Titan’s environmental guy specifically addressed the air permit). Of these, at least five were Titan contractors and one was from Martin Marietta, whose mine Titan will buy if they are allowed to set up shop. Only about seven or eight were unaffiliated with the company, one being Bob Warwick from WID/Committee of 100.


But you know what? It didn’t matter. Despite the company’s best efforts to tilt the table, their voices were drowned out by scores upon scores of local doctors, lawyers, businessmen, scientists, mothers, fathers, retirees, university students, and several incredible children—all who told DAQ officials in no uncertain terms that Titan’s emissions were unacceptable and that the industry was simply incompatible with our community and local environment. The night was full of great comments and great signs (my favorite: “Speak Now or Forever Hold Your Breath!) And speak we did. Here are just a few choice bits that I jotted down on an envelope. If I’ve misspelled your name or jumbled your quote, please forgive:


1. Derb Carter of the Southern Environmental Law Center—who represents the North Carolina Coastal Federation and Cape Fear River Watch--read a legal opinion from one of DENR’s own top officials saying the State Environmental Policy Act—which would hold all state permits until the federal EIS is finished--clearly applies to Titan—and that issuing the draft permit is in complete violation of the state law. He got a standing ovation.


2. Michelle Nowlin of the Duke Law Clinic, who represents PenderWatch and Conservancy, listed so many state laws and mandates that were violated by the draft permit that I lost count, from not addressing cumulative and secondary impacts of Titan’s emissions, to failing to address impacts on threatened and endangered species. In sum, a clear violation of SEPA and the federal NEPA process (and another standing ovation).


3. Patrick Duggins, a Duke law student calculated that based on Titan’s emissions per ton of cement, it would be the dirtiest new cement plant in the U.S., and that there are 11 old cement plants that emit less pollution per ton than Titan. I guess that’s why they’ve changed their slogan from “the most environmentally friendly cement plant in the world” to “one of the safest.”


4. Dr. Lydia Wright—one of the stars of the StopTitan doctor’s billboard and a widely respected neo-natal specialist, noted the increasing number of research studies linking mercury emissions to autism and premature births.


5. Dr. Fred Opper—another star of the doctor’s billboard and the mover and shaker behind the 240 local doctor’s names on the petition opposing Titan, mentioned that there is no safe level of mercury exposure for children.


6. Dr. Ed Horger, the first pediatrician to stand up and publicly oppose Titan, reiterated his strong belief that it is likely the greatest health threat to the children of this community.


7. Carlyle Gee, a local carpenter, made a passionate plea for our local air and water, and told hearing officers to “Go back to Raleigh and tell the people at DAQ that there are a lot of ticked of folks in Wilmington.”


8. Bill Vinyl, calculated that Titan’s mercury emissions over the next 40 years would be the equivalent of breaking 4.5 billion compact fluorescent light bulbs in the skies over our area.


9. Ben McCoy, a candidate for Wilmington city council promised that if DAQ issued Titan a final draft permit, “We will go totally Erin Brockovich on you!”

 


10. Local businessman and former WID member Chuck Agnoff said we should heed Virgil’s warning and “Beware of Greeks bearing gifts.”


11. Local ENT surgeon, Dr. Stuart Hardy, recounted a tale of listening to Titan’s paid consultant from Intertox tell a roomful of doctors that Titan’s mercury emissions were harmless. “He had to be the biggest (male donkey) I have ever met,” Hardy said to deafening applause.


12. And toward the end, a young mother whose name I didn’t get, stayed at the meeting with her young son until long past his bedtime to say that she had kept an open mind, read both sides of the issue, and had come to the conclusion that the costs of this cement plant were simply not worth the benefits. She ended by saying, “Since it’s my son’s bed time, I’ll leave you with this. I am the Lorax and I speak for the trees.” It was one of the best lines of the night.


I could go on, and on, and on, but the bottom line is this community stood tall last night, and did itself proud. And it should be a clear signal to DAQ chief Mr. Overcash that if he ignores the voices of the local citizens who will have to breathe Titan’s emissions for the next 50 years and issues Titan’s final permit anyway, we will, indeed “go totally Erin Brockovich.” And we now have a few good lawyers to back us up (your tax-deductible donations kindly accepted here for lawyers).


Now, to drive home our point, let’s flood DAQ with our comments via email and hand-written letters (crayons are acceptible, kids) to make absolutely sure they know exactly how we feel about Titan’s permit.


Again, feel free to use any of the talking points on the StopTitan.org website, or create your own. The NC Coastal Federation and Cape Fear River Watch have hired an air expert to review Titan’s permit as well, and when he’s finished we’ll post it on the web for those who would like to make more technical points in their comments. You can also contact the Coastal Federation or Cape Fear River Watch for additional specific points for your comment letters. Anyone who read or submitted written comments last night, please also send them via email or snail mail to:


Donald van der Vaart at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Make sure you cc: Governor Bev Perdue at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

And cc us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we’ll create a file on the website for all the comments for everyone to see.


If you prefer snail-mail, the address is:


Donald van der Vaaart

Chief, Air Permits Section

N.C. Division of Air Quality

1641 Mail Service Center

Raleigh, NC 27699


A huge thanks to all the people in red who came out to speak for their kids, their family, and their community. Now that’s the Old North State I remember. As for Titan…


Esse Quam Videri!

(For all you Virginians, it’s our state motto: “To be rather than to seem.”)


Your Friends and neighbors at
StopTitan.org / Friends of the Lower Cape Fear

 


Comments
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Dave Thomas   |2009-10-22 05:40:20
Don't fool ourselves. Our state permitting agencies will not be swayed by this event alone. An all out blitz by phone, e mail, and snail mail to the E.P.A. Office in Atlanta is the only thing that will stop these folks. Please organize and get this moving.
Thanks,
Dave Thomas
Kim Beller   |2009-10-22 05:48:34
It was awesome to see such support and hopefully we will be heard.
Thanks to STOPTITAN and FRIENDS OF THE LOWER CAPE FEAR for all you do and all the time you spend on this vital cause.
Kim Beller
Lara Berkley  - mother, landscape architect     |2009-10-22 06:42:56
Our family is appreciating the momentum that is building...it is not too late. We've posted our unpublished letter to the Editor (Star News) on our blog - it will not be published because it is too long. We've also sent similar letters to both Donald Van der Vaart, and Paul Muller. Thank you, loud + educated voices!!! Lara, Scott, and Calvin
Nancy Preston   |2009-10-22 06:57:53
That "young" mother was me, and I will stand behind you 100%. Nancy Preston
Kayne Darrell   |2009-10-22 09:33:37
I knew from working in opposition to Titan at the grassroots level for about 4-5 months now,(raising awareness, collecting petition signatures, recruiting some great volunteers)that the majority of folks do not want Titan Cement in our community. But I was blown away by the turnout at Tuesday's hearing and all the informed, intelligent speakers who stood up to have their voices heard! You guys Rock!!
"It is only when you hitch your wagon to something larger than yourself that you realize your true potential"...
Anyone interested in helping with our volunteer efforts, please contact me at: kaydee@ec.rr.com
Patricia Coe   |2009-10-22 09:43:35
Did anyone else see that offensive cement truck painted pale pink with big black letters TITAN AMERICA and BREAST CANCER AWARENESS MONTH on the revolving drum? Do they have no shame? Anyone get a photo of it? I only saw it briefly, and was so shocked I thought it must be a hallucination.
Derek Whittingham  - Breast Cancer Awareness   |2009-10-23 08:16:28
Why on earth would anyone be offended by a company taking part in raising awareness of Breast Cancer which will affect 1 in 4 women? Lets not go crazy in villifying Titan.
B. Veals   |2009-10-23 11:09:02
Speaking as a 10 year breast cancer survivor, yes, I do take offense by the pink cement mixer. Studying the causes of cancer, many of us should stop worrying about genetics and start considering the decline of our environment. Endocrine disrupting chemicals and mercury we are placing in our water, soil and air for modern conveniences is already taking it's toll. NC already has one of the highest asthma rates in the country. And with the number of violations Titan already has, I find it insulting, especially when you hear the outrage poured out from the area over modifying US health care. Should we get warm fuzzies from companies just because they paint a truck pink yet turn around and damage the environment to the point it endangers our overall health? Uh... NO!
Derek Whittingham  - Breast Cancer   |2009-10-26 11:17:32
So you're offended that Titan is supporting breast cancer awareness? That simply does not make sense coming from someone who is a survivor of breast cancer. The more attention and money that goes to finding a cure, the better. Titan's money will fund a cure just the same as any other company's. If you're mad because of alleged violations that Titan has, then speak to those violations, don't link unrelated topics. This website is fast becoming a place for people to speak out unintelligently about topics they are not adequately informed about. I am still a citizen who is concerned for his community, but I won't waste any more time on this site.
Concerned Citizen  - Breast Cancer   |2009-10-30 10:33:10
First off, the pink truck said BREAST CANCER AWARENESS not Breast Cancer Awareness Month. If you are going to complain about something, at least get the facts correct.
Second, as a breast cancer survivor, I am proud that a company would paint one of their trucks to promote awareness to the number 2 cause of death in women. I don't think it's offensive and I applaud them for what they do. I guess unless it hits your family like it did mine (mother passed; cousin with stage 4 and myself), you will not understand.
Nicole Rollins and Family   |2009-10-22 12:15:01
Dears Stop Titan Crew,

You guys are awesome!! We second everything you said below and could not have said it any better. Thanks for all of your hard work and efforts. We know what time and dedication that this is taking, and we sincerely applaud and appreciate your efforts. Our family supports you 100% and will continue the fight until Titan is running scared and out of community.

Thanks,

Nicole Rollins and Family
(Picture From Tuesday Night)

Posted image
Maggie Parish   |2009-10-22 12:16:02
I agree! It was surely a MR. SMITH GOES TO WASHINGTON kind of night :-) One thing that struck me was the variety of the pleas for clean air that so many different people made in their own highly articulate voices. (And I heard a sheriff’s deputy remark on how civil the crowd had been. Couldn’t argue with that.)
Also heard that Titan is planning to run more ads in the paper. Wonder whether it would make sense to take out an ad of our own. One possibility might be to reprint some of what the lawyer from the Southern Environmental Law Center said. Actually, it would be hard to choose the most persuasive quotes from all the informed and impassioned voices who spoke yesterday.
Did any of you happen to pick up the DAQ’s pamphlet entitled “Tips: You can help clear the air”? Note the irony of this quote:
“Most air pollution comes from burning – the fuel in our car and truck engines, COAL in electric power plants, and wood or trash in fires. Air pollution is unhealthy to breathe and can make you sick. It can harm plants and wildlife while causing problems such as climate change and acid rain.”
Air pollution? Climate change? Let’s hear it for the harmlessness of coal-burning plants.
DAQ, do your job!
Maggie Parish
Jen Doll   |2009-10-22 12:34:57
I was unable to attend the meetings (sick kid) but am impressed at all the committed community members. who turned out! My dearly respected aunt always says "Choose your battles" and this is one I have chosen to commit to to the end. I am donating to the" lawyer fund" and starting to write my letters. I think writing to the EPA is a good idea, and so was the idea for taking out ad space in the newspaper with facts about the many harms of pollution from cement plants mentioned. Thanks so much for all the involvement from everyone- especially the ones digging up all the dirty little facts. This is far from over-
Jill Large   |2009-10-22 12:48:36
I was unable to attend either meeting, but am so proud of the people who did go and spoke out. I have written my letters, and will be making a contribution. Thanks to everyone who works so hard on this issue. My available time is limited - I'm expecting a child any day now - but will do whatever I can to lend my voice to the cause.
Jill Large   |2009-10-22 12:52:12
Oh, and PS: about a week before the hearings we received a letter from Carolina Cement Co. (addressed to my husband) seeking our attendance and support FOR Titan Cement. Anyone else see this propaganda?
Peter D'Onofrio   |2009-10-22 13:29:35
I'm so happy to hear that the message got across loud and clear! Now let's see what happens.
Was awfully surprised that no reps from the State Ports were there. Or maybe they were, but didn't identify themselves! I seriously suspect that they were one of the biggest factors that got the commissioners to provide the incentive, with the thought of moving thousands of tons of cement and materials over the Port of Wilmington. I have been very active in the fight against their plans to build an International Container Terminal on the River near Southport for many of the same reasons that we don't want Titan. It seems that this agency is bound and determined to despoil our area, and I wish you would investigate their involvement in the Titan fiasco. Has anyone thought of asking them outright if they had a hand in inviting Titan? If they say yes, then their credibility would be hurt. If they say no; Titan might reconsider altogether! Having a port to ship out of is critical for their operation.
Sincerely,

Pete D'Onofrio
peter schulz   |2009-10-23 05:11:32
I would like to see Mr. Overcash's financials. Its amazing to me that the decision to grant a permit lies with one person. He is human, is succeptible to temptation. I hope that he goes outside the box and does the correct thing, after all, the mission of ncdaq is to preserve or enhance the quality of air quality in this state
Ernie Williams  - Landscape Designer/consultant   |2009-10-23 05:38:49
Good job everybody... Time for Greer & Caster to go.
Sara Kennedy Beaudoin   |2009-10-23 06:14:56
Very good night indeed -- however, if the hearing was in violation of the NC laws pertaining to public hearings, why not force the hearing to be held again -- let's really be a thorn in Titan's side and rally our troops again!!!
Suzanne Joyce  - Wilmington resident   |2009-10-23 07:49:48
While I was not able to be there due to a prior appointment, I was so proud to read and hear about the opposition to Titan. Our lives, and the places we choose to live shouldn't be endangered in such a way.

Yes, I know we all use cement, and these are hard times and people need jobs. However, in this case, the site, the danger to our chilren, our community, and our environment make allowing Titan to build here is something our community should continue to oppose. Surely there are other sites that would not present such obvious dangers.
Stacia Silvester   |2009-10-23 10:09:00
My husband and I attended the meeting wearing our red shirts. We spoke at length to one of the main guys from Titan. My husband, a former reporter, likes to go straight to the source for information. Mr. "Titan" was a smooth talker and claimed all of "Stop Titan's" statements and statistics are simply not true. All lies. Titan is sadly mistaken if they believe this community is full of unintelligent, apathetic individuals who will simply roll over without a fight. Carpe diem!
Gretchen Meisner   |2009-10-25 20:31:08
Hi all,

Keep writing those letters and searching for additional ways to prevent our community from being used and abused. Let's not allow a foreign (not that it really matters since we are all sharing the same planet) company use our natural resources and leave us with their toxic waste. Many of us live here because of the opportunities to enjoy the outdoors and those pleasures are in jeopardy.
If any of you know about the cadmium waste stored at Martin-Marietta would you please contact me? If I understand the nature of its containment correctly, Titan's mining of limestone would dislodge the cadmium (a carcinogen). Public records about the cadmium are available at the Water Quality Dept. downtown and I intend to spend some time there reading this week.
Thanks
Susan Skoda   |2009-10-26 11:48:44
Thank you all for your dedicated actions and allowing the public to be aware of this serious issue.

I was wondering if anyone in your organization investigated as to why the old plant closed in 1982 or what their emission levels were? This would provide some good historical comparative data The data could show evidence that the prior plant produced pollutant levels that were significantly harmful and other information to demonstrate its unhealthy impact. Why then would anyone approve another facility when the first one failed in keeping the people and its environment safe?

I spoke to several local people and they feel that since they lived here for over 30 years with the old plant in operation and their were no harmful health consequences, they have no reasons to be opposed to this plant! They have a legitimate argument that maybe some significant baseline data could demonstrate the reasons.

I called the Wilmington branch for AQC and spoke with Brad Newland, Supervisor and he indicated that his office did not have the data or did he know exactly where it is archived. He indicated possibly in Raleigh yet it would be difficult and time-consuming to obtain.

I know the public comment period is open until October 30. If this information is really available or can be is located, would pursuing this be worthwhile to our cause?

Looking forward to your reply.

Thanks,
Sue Skoda
Dr. Robert Parr   |2009-10-26 15:15:15
Sue,

The old Ideal Cement plant records are very hard to obtain since the plant closed down in the 1980's. What is know is that the plant was a wet kiln design and produced about 500,000 tons of cement yearly. The proposed Carolinas Cement plant, which will be a dry kiln design, will be almost 5 times larger. While a more modern design may release less pollution than an older design, enlarging the plant by a factor of five makes the argument that the new plant will pollute less than the old plant tenuous and unproven to date. What is known about all cement plants, either older or the most modern, is that they are all major emitters of toxic materials into the local environment.
EPA records clearly show that Titan's Roanoke Cement in Virginia and Titan's Pennsuco Cement plant in Florida both emit tons of toxic materials every year. Environmental permits do not eliminate environmental pollution.


The Ideal Cement plant left the following environmental legacy:

Mercury impaired waters of the Northeast Cape Fear River - While other companies in the area emitted mercury when Ideal was up and running, the amount of mercury rich limestone calcinated to make the 500,000 tons of cement yearly and the fact that an outdated wet kiln system was used makes it scientifically impossible for the Ideal Cement plant to not have been a major contributor to this ongoing problem.

Ground water contamination with benzene from fuel storage leakage which still needs monitoring over 30 years after plant closure.

Cement Kiln Dust deposits which still require environmental monitoring, While CKD is not officially listed as a hazardous pollutant by the EPA, stock piles must still be safe guarded to prevent releases to the air or local surface/ground water.
Cemex, a large cement producer in California, was recently found to be contaminating a local neighborhood with hazardous material from it's on site CKD deposits which were drifting off site. No data has been found that any CKD has in the past or is presently drifting off the Ideal Cement site but this question will be explored in more depth with the Environmental Impact Statement presently being prepared by the Army Corps of Engineers.

Important Points:

The permit and compliance records for the Ideal Cement plant may be extremely difficult for general citizens to access but NC DEHNR officials have historical and present records on this plant which should be made more accessible to the general public at this time. This information should be public knowledge and the excuse that the records are difficult and time consuming to find is not acceptable.

Clearly, the Department of Air Quality should not be issuing a draft air quality permit for Carolinas Cement without knowing the total environmental impact of the old Ideal Cement plant. If NC SEPA regulations were being followed at this time all of these questions regarding the Ideal Cement plant's environmental legacy would need to be answered BEFORE any permits could be issued. NC SEPA was designed to prevent the very problems which are presently being encountered with this permit. Evading NC SEPA is unacceptable and not in the best interests of the citizens of North Carolina.

Anyone who says that the old Ideal Cement plant never caused any environmental harm does not understand even the basics of how these plants operate and how sensitive local human and animal populations are to the thousands of tons of toxic materials that were released from this plant on a yearly basis for almost two decades. The science is very clear and compelling on these matters.




Obamafan   |2009-10-26 17:34:05
Don't worry ya'all. Obama gonna fix this too!!!!!!!!!!!!!!!!!!
Dr. Robert Parr   |2009-10-26 19:48:49
One correction to my previous note. The Cemex plant which was found to be contaminating the local community with cement kiln dust (CKD) was located in Colorado, not California as stated. A short but excellent synopsis of the situation in Lyons, Colorado can be found at:

http://www.gcmonitor.org/article.php?id=533


CK   |2009-10-30 11:48:12
I understand that Titan is going to contribute approximately $2,000,000/year in local taxes. New Hanover County has approximately 200,000 people.
WOW...That's $10.00 per person!!!!

I think I'd rather have a line added on my tax bill:

Titan America/Fresh Air Fund....$10.00
michele   |2009-11-04 19:45:51
Michele:

Thank you for your comments and interest in this issue and for participating in
the hearing. I have forwarded your comments to Paul Muller (the hearing
officer) for his consideration in preparing his recommendation to our Director
regarding this issue.


Brad Newland, P.E.
Regional Supervisor
North Carolina Department of Environment & Natural Resources
Division of Air Quality
Wilmington Regional Office
127 Cardinal Dr Ext
Wilmington, NC 28405

910 796-7239 Ph
910 350-2004 fx

Please note: my e-mail address has changed to brad.newland@ncdenr.gov

E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.



Here is the email to DAQ:

As a mother, resident, and retired biotech person, I attended the
meeting at CFCC North Campus with a friend last Tuesday 10/20. I went
in with an open mind thinking there are two sides to every story.
After listening to the public speak, there is no question that feeding
the toxic particulates into the air and aquifier is a major
environmental error that can be eliminated. The people are speaking
and you must listen. Based on the information presented 8000 school
children will be within a 10 mile radius of the Titan plant. The air
quality will be toxic and any future reproduction by these children
certainly will link mercury with autism. To provide teachers and
medical personnel for children with special needs far outweighs the 60
mid-income jobs that will be filled at the plant.

Wilmington has a beautiful natural environment, where many of us have
retired, away from the the toxic big cities and roadways.

How many of the Titan officials have bought homes in the Castle Hayne
area?
Do they want their families exposed? Has anyone asked them?

How does the $$$$ provided as incentives to Titan pay back the people
of Wilmington? Please listen to the people, the teachers, nurses,
lawyers, doctors, healthworkers, students, mothers, fathers, children
and retirees that are pleading with DAQ not to permit Titan a license.

Please do your homework and your part to support the people of
Wilmington who care about children, the air we breathe and our earth
and stop the Titan cement plant.



Sincerely,
Michele Paluchak
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