Shale Justice Now November 2013 Special Edition

7/27/2019 Shale Justice Now November 2013 Special Edition

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S H A L E J U S T I C E N O W

SPECIAL NOVEMBER EDITION 2013

TIRE BURNER TEAM STANDS FIRM

AGAINST PROPOSED INCINERATORBy The Rev. Dr. Leah Schade,

Tire Team CoordinatorA group of grassroots citizens has come togetherto fight the proposed tire burner in White DeerTownship, Union County, along old Rt. 15. Thetire-derived-fuel (TDF) burner is a project of En-Tire Logistics LLC (a subsidiary of Emanuel Tiresin Baltimore) which would incinerate 198 poundsof tires per hour, 40,000 tons per year, and emitthousands of pounds of toxic chemicals and gas-ses into the air. The plant would be built on landowned and adjacent to National Gypsum whichwould purchase the steam and electricity from En-Tire to produce paperboard.

The incinerator would be located just one mile from White Deer Elementary School and threatensthe health of local communities such as West Milton, Northumberland (which is directly upwind in theareas prevailing air stream), New Columbia, Milton, Watsontown, and Lewisburg. Because of airdispersion, the entire region is at risk from the poisonous emissions and threats offires and industrialaccidents associated with the incinerator. Of the four TDF plants that have been in operation in theUS, only one remains. The rest have shut down due to fires, repeated violations, and bankruptcy.

OUE has been against the tire burner since first learning about it in 2010 when the company sharedits intentions of targeting this area for its toxic and dangerous facility. The issue began to be noticedby the public and local media on May 2, 2013, when the Department of Environmental Protection(DEP) held a public hearing to discuss ETLs air quality permit application. Nearly 150 people gath-ered to ask pointed questions and raise serious concerns about the facility, nearly all of which weredismissed by DEP when they issued the permit to ETL on Sept. 27. Despite receiving over 400 let-ters and petitions signatures expressing opposition to the facility, including many raised by scientistspointing out the inadequacies of the permit application, DEP stated that they could not legally withholdthe permit if the company demonstrates willingness to comply with existing regulations.

The Tire Burner Team has gone to heroic efforts to try to stop this facility. In June the team hosted

a Town Hall Meeting at White Deer Elementary school with about 50 in attendance to educate thepublic about the dangers of the facility and encourage a letter-writing campaign to DEP to urge themnot to approve the incinerator. Since then, this small group of dedicated citizens has been volunteer-ing countless hours to organize petition drives, set up a Facebook page, meet with local organizationsand leaders, educate the media, consult with attorneys, write letters to the editor, and research thou-sands of pages of right-to-know requests in order to raise awareness and stoke unified opposition tothe tire burner. (Continued on Page 2)


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Shale Justice Now SPECIAL NOVEMBER EDITION 2013

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TIRE BURNER TEAM continued:

The Teams efforts led to a discovery of an EPA letter to DEP dating just days before the May publichearing noting several deficiencies and inadequacies in ETLs application. This letter was conve-niently left out of documents provided to the public by DEP. After being apprised of the letter, sev-eral local elected leaders made public their opposition to the incinerator in July, including the Union

County Commissioners and PA Representative Fred Keller, who represents Union County. Soonafter, over 160 Bucknell University faculty members signed a statement in opposition to the burner. Inaddition, hundreds of Gods Country Should Not Smell Like Burning Tires signs created by membersof the Team have popped up all over Northumberland and Union County.

The Tire Burner Team is in overdrive now that the permit has been issued by DEP. Three membersof the team are filing separate appeals with the Environmental Hearing Board to try to get the permitrescinded. Another Town Hall Meeting is planned for Tuesday, Oct. 22, 7:30 p.m. at the Warrior RunFire Hall in Allenwood, immediately following DEPs informational meeting about the burner permit.

An online petition has been set up at Change.org to urge National Gypsum to pull out of the projectwith ETL. A group of Bucknell faculty members is working with the Team on research projects andcommunity organizing, Rep. Fred Keller is working with the Team to organize a large-scale meetingwith local civic, institutional, corporate and religious leaders to galvanize the communitys oppositionto the burner.

White Deer Township Supervisors Required to Remain Neutral

Many people have asked about the White Deer Township Supervisors stance on the tire burner.Solicitor Pete Matson explained at a recent supervisors meeting that because the supervisors areobligated by duty to appear impartial, they are unable to speak either in support of or opposition to theproposed incinerator prior to the townships receiving a formal application from ETL, which has not yetoccurred. If they did otherwise they would risk a lawsuit by ETL on any resulting township decision on

the permitting process . As of October 15, no permit application had yet been submitted to the town-ship by ETL. The company ultimately will submit a conditional use permit subject to review by thetownship planning commission and board of supervisors. It may do this at anytime (including duringthe appeals process) now that it has DEP approval.

According to Matson, once ETL has obtained conditional use approval, ETL has to submit a landdevelopment plan and a storm water management plan, which is reviewed by the planning commis-sion, the planning director, the township engineer and the board of supervisors. The conditional useprocess will include a public hearing.

On Oct. 8, 2013, the Supervisors held a special meeting where they announced they were seeking

outside legal advice (beyond the solicitor) on whether or not to appeal DEPs permit decision to ETL.The Tire Team is encouraging residents of White Deer Township, as well as neighboring municipali-ties, to stay informed about the process, attend meetings (usually held on the 4th Tuesday of themonth at the Township Building, 2191 Creek Road, New Columbia, PA), and express their support tothe supervisors in their efforts to protect the citizens of the township.

The Supervisors met on Oct. 21 and announced that they are seeking a protective appeal againstthe DEP decision. (Continued on Page 3)


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Pa. Doc Loses Challenge To Fracking Gag Order LawLAW360 | by Matt Fair | October 24, 2013

http://www.law360.com/articles/482868/pa-doc-loses-challenge-to-fracking-gag-order-law

TIRE BURNER TEAM continued:

HOW CAN YOU HELP?

Funding is a major need at this point. The costs of consulting with attorneys, printing publicity materi-als (including this newsletter!), and other associated expenditures are adding up. We need donationsfrom people like you dedicated to doing whatever it takes to keep this dangerous and polluting tire

burner out of our community.

Just think of 7600 lbs. of hydrogen chloride in our air every year. The hundreds of children at localschools literally in the line offire should the incinerator malfunction. The Susquehanna River threat-ened by mercury and dioxins falling from the air into the fragile waters. The beautiful surroundingfarmland absorbing the toxic emissions from the plant. The property values of White Deer residentsplummeting if this facility is built.

ETL targeted this area because they th ink we wont fight to protect ourselves and our children

Lets prove them wrong! Go to www.facebook.com/stopthetireburner to get the most recent

updates. Sign the petition at www.change.org (type in Tire Burner Team under the search

heading). Volunteer to help with organizing efforts by emailing me at [email protected]. Writeletters to the editor of the Daily Item and Milton Standard Journal. And send in your donation

to help our effor ts today.

A Pennsylvania federal judge ruled Wednesday that a physician did not have standing to challenge anew state law allowing drilling companies to require doctors to sign confidentiality orders before dis-

closing the chemical make-up of hydraulic fracturingfl

uids workers have been exposed to on the job.U.S. District Judge A. Richard Caputo dismissed the lawsuit after concluding that damages alleged byDr. Alfonso Rodriguez including infringement of his First Amendment rights by preventing him fromsharing information about the contents of fracking fluid with colleagues were too speculative to al-low his case to proceed.

Plaintiff does not allege that he has been in a position where he was required to agree to any sort ofconfidentiality agreement under the act, Judge Caputo ruled. Therefore, to the extent that plaintiffsalleged injury-in-fact is an inability to exercise his First Amendment rights, he has not yet indicatedthat he has been prevented from engaging in any sort of communication as a result of the act. Simi-

larly, plaintiff has failed to indicate that he has been forced to waive any of his fundamental constitu-tional rights.

Rodriguez sued the head of the states Department of Environmental Protection and a handful ofother state officials in July 2012 challenging the so-called medical gag order provision of new state-wide regulations on gas drilling known as Act 13.

Rodriguez who, according to his attorney, is the go-to doctor for workers who have been exposedto fracking chemicals claims that a provision in the law preventing him from revealing the identity ofchemicals used in the fracking process violates his First and 14th amendment rights.


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Shale Justice Now November 2013 Special Edition