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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)

What I find really noteworthy in this text is how Julia Watts Belser takes the poem by Leah Lakshmi Piepzna-Samarasinha and includes it into a scientific text. In this way, she not only allows an affected person to have her say, the poem also leaves the reader with a very striking image of the connection between the river and the body, in multiple ways, as well as the connection between enviromental harm and disability.

The text was published in 2020 (Vol. 40, No. 4) by The Ohio State University Libraries in their Journal Disability Studies Quarterly (DSQ). It is, as you can read on their Homepage "a multidisciplinary and international journal of interest to social scientists, scholars in the humanities and arts, disability rights advocates, and others concerned with the issues of people with disabilities. It represents the full range of methods, epistemologies, perspectives, and content that the field of disability studies embraces. DSQ is committed to developing theoretical and practical knowledge about disability and to promoting the full and equal participation of persons with disabilities in society."

The author connects disability theories and activism with environmental justice, this approach allows her to show how disability is related to and through environmental harm, she shows how diagnoses are used politically in these cases, and looks critically at how these processes determine how, when and in what favor human and environmental harm is taken into account. The writing is shaped by the consequences of the Anthropocene like environmental harm linked to health isusses, especially affected are communities of color and poor communities in the United States, here pre-existing patters of structural inequality, already known from climate change come into play,  this communities are the most affected and the least responsible.

I think what is very striking in this text, is the author puts her perspective of the disability studies and uses it to draw lines from the disability studies, more particular the queer black disability studies, to the environmental justice movement. From reading the text, I think one can see, that Julia Belser is very involved in disability studies and the field of critical medicine/ psychology. The way she describes that we should turn away from always seeking to get (back) the pure nature, the healthy environment, the "healthy" body, she reminded me of the general idea of overcoming pure categories (for example Latour etc.) - and dualisms. Additionally, I think one could locate her in the area of inequality studies and the field analyzing structural violence.