Analyze

In response to multiple concerns about water quality expressed by residents, EJCAN launched a water quality testing initiative with university-based collaborators from UNC Chapel Hill and Appalachian State University. Threats to water include but are not limited to industrialized agriculture. Industrialized hog feces contain pathogens, heavy metals, and antibiotic-resistant bacteria that growers store in large, open pit lagoons (Grant 1999; Wing et al. 2008; Blanchette 2019; Christenson et al. 2022). When operators spray the waste onto nearby fields, they also release air and waterborne contaminants. Scholars have linked airborne emissions from industrial hog operations to respiratory dysfunction, mood disorders, compromised immune function, anemia, kidney disease, tuberculosis, and low birth weight (Wing et al. 2000; Kravchenko et al. 2018; Guidry et al. 2018). Moreover, the odor is noxious, causing nausea, embarrassment, disorientation, and social loss in cultural continuity as people cease culturally meaningful practices like gardening, going for walks, or gathering outside to share food (Herring 2014; Blanchette 2019). The impacts to water include contamination, harmful algal blooms, fish kills, and eutrophication in rivers and estuaries, especially when hurricanes flood the inner coastal plains with industrialized animal waste (Wing et al. 2000; Wing et al. 2008; NCCN 2021; Emanuel 2018; Christenson et al. 2022). Access to water infrastructure in Sampson County is highly uneven, and residents have been advocating for improved access for more than a decade. 

This supplementary legal document describes recommendations for storm- and waste-water management improvements for the Formosa petrochemical plant in Calhoun County, Texas. The text is a fairly standard drainage assessment. The author describes non-trivial discharge of pollutants out of the plant’s outfalls, which drain into local waters, and the inability of the plant’s systems to prevent flooding from even small storms. For some context on this, it is pretty standard to design a stormwater system to be able to drain the 100-year storm (that is, the storm with a 1% or less chance of occurring in any given year). Formosa’s Texas plant demonstrated the inability to convey even the 2-year storm.

Emphases are mine:

“Problem areas were identified based on the results from the outfall drainage studies provided by Formosa. Thus, all the results in the OPCC rely on those studies, uncertainities associated with those studies, and the assumptions made for those studies, some of which may or may not be appropriate as I pointed out in Supplement #2 [Page 4]” (3)

“The proposed improvements assume that the conveyance capacity of the problem areas is increased 100%, which would be able to handle twice as much flow that it currently does. The results from the Drainage Study are not conclusive as to what storm event Formosa’s system currently is capable of conveying. The report does mention that the system is not capable of conveying the 2-year storm, and “sometimes” not even the 1-year storm event.” (3)

“A 45% contingency is applied to the OPCC due to the uncertainties associated with underground utilities, likelihood of existence of low road crossings and need to replace those, groundwater impacts, other unknowns, and additional costs associated with engineering, etc. 45% is reasonable and in line with industry practices in my experience, especially given the large amount of unknown information available.” (4) 

“My opinion from my July 9, 2018 report that “there have been and are still pellets and/or plastic materials discharges above trace amounts through Outfall 001” is further supported by the deposition testimony of Lisa Vitale, as representative for Freese & Nichols, Inc, that she and her colleagues have seen floating white pellets or small plastic pieces in Lavaca Bay and in the area near outfall 001 as part of her work on the receiving water monitoring program for Formosa’s TPDES permit...Ms. Vitale also testified that she told John Hyak of Formosa about these sightings as well as has sent him water samples with the pellets about five or six times, including at least one time prior to 2010. This, along with the June 2010 EPA Report I cited in my July Report, demonstrates to me that Formosa was aware of problems related to discharges of plastics from its facility since at least in 2010.” (6)