EPA File Nos.

03R-15-R4 and 08R-15-R4

PROPOSED RESOLUTION OF CIVIL RIGHTS COMPLAINTS

AGAINST JEFFERSON COUNTY DEPARTMENT OF HEALTH

1. Enhanced Monitoring.

JCDH shall maintain and operate permanent monitors at the following locations:

Tarrant Police/Fire Departments, 2593 Commerce Cir, 33.585099, -86.775383

Tarrant Elementary School, 1269 Portland Street, 33.578333, -86.773889

Presbyterian Manor Apartments, 926 Overton Ave, 33.576458, -86.780582

Tarrant Church of Christ, 1115 Sloan Ave, 33.581346, -86.773590

Sloss Shuttlesworth, 4113 Shuttlesworth Drive, 33.565174, -86.796371

Calloway Elementary School, 3401-3427 34th Terrace N., 33.560861, -86.798246

Shady Grove Missionary Baptist Church, 3444 31st Way N., 33.559685, -86.804289

North Birmingham Homes, 3127 43rd Ave N., 33.567047, -86.805575

Each monitoring site shall monitor the following parameters for one 24-hour period every seven

days:

Wind speed and direction

PM 2.5 (AAQS = 12.0 ìg/m3 annual mean, averaged over 3 years)

PM 10 (AAQS = 150 ìg/m3 not to be exceeded more than once per year on average over

3 years)

Total Suspended Particulate Matter

SO2 (AAQS = 75 ppb 99th percentile of 1 hour daily maximum concentrations, averaged

over 3 years)

Arsenic (IUR = 4.3E-03 per µg/m3)

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 Benzene (IUR = 7.8E-06 per µg/m3)

Benzo(a)pyrene (IUR = 6.0E-04 per µg/m3)

Lead (AAQS = 0.15 ìg/m3)

Naphthalene (IUR = 3.4E-05 per µg/m3)

Monitoring data shall be published on the JCDH website, AIRNOW website, and any similar

websites as soon as available to ensure public availability without the necessity of making public

records requests. See Jefferson County Air Pollution Control Rules and Regulations § 1.5.8.

2. Control of Odors.

(a) JCDH shall perform a study to identify the chemicals, compounds, and sources of

emissions from ABC Coke and Walter Coke that result in smells or aromas which are unpleasant

to persons, or which tend to lessen human food and water intake, interfere with sleep, upset

appetite, produce irritation of the upper respiratory tract, or cause symptoms of nausea, or which

by their inherent chemical or physical nature, or method of processing, are, or may be,

detrimental or dangerous to health. See Jefferson County Air Pollution Control Rules and

Regulations § 1.5.7; Part 1.13; Part 1.3 (“air pollution,” “air contaminant,” and “odor”).

(b) JCDH shall investigate the methods available to reduce the emission of chemicals

and compounds that result in smells or aromas which are unpleasant to persons, or which tend to

lessen human food and water intake, interfere with sleep, upset appetite, produce irritation of the

upper respiratory tract, or cause symptoms of nausea, or which by their inherent chemical or

physical nature, or method of processing, are, or may be, detrimental or dangerous to health. See

Jefferson County Air Pollution Control Rules and Regulations § 1.5.7; Part 1.13; Part 1.3 (“air

pollution;” “air contaminant;” and “odor”).

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 (c) JCDH shall modify, or revoke and reissue, permits and/or issue orders to ABC

Coke and Walter Coke that impose additional emission limitations or conditions to reduce the

emission of chemicals and compounds that result in smells or aromas which are unpleasant to

persons, or which tend to lessen human food and water intake, interfere with sleep, upset

appetite, produce irritation of the upper respiratory tract, or cause symptoms of nausea, or which

by their inherent chemical or physical nature, or method of processing, are, or may be,

detrimental or dangerous to health. Such reductions shall be sufficient to prevent emissions that

result in such smells or aromas. See Jefferson County Air Pollution Control Rules and

Regulations Part 1.13; Part 1.3 (“air pollution;” “air contaminant;” and “odor”); § 1.5.2.

(d) JCDH shall promptly investigate all complaints alleging smells or aromas which

are unpleasant to persons, or which tend to lessen human food and water intake, interfere with

sleep, upset appetite, produce irritation of the upper respiratory tract, or cause symptoms of

nausea, or which by their inherent chemical or physical nature, or method of processing, are, or

may be, detrimental or dangerous to health. All such investigations shall document the time of

occurrence, the wind direction and speed, and the probable source of the smells or aromas. If a

probable source cannot be identified, JCDH shall identify all possible upwind sources of the

smells or aromas and shall develop a methodology or technique to identify the probable source of

such smells or aromas in the future. Such methodology or technique shall be implemented when

JCDH next receives a complaint alleging smells or aromas which are unpleasant to persons, or

which tend to lessen human food and water intake, interfere with sleep, upset appetite, produce

irritation of the upper respiratory tract, or cause symptoms of nausea, or which by their inherent

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chemical or physical nature, or method of processing, are, or may be, detrimental or dangerous to

health. See Jefferson County Air Pollution Control Rules and Regulations §§ 1.5.7, 1.5.8.

3. Control of Particulate Matter.

(a) JCDH shall modify, or revoke and reissue, permits and/or issue orders to ABC

Coke and Walter Coke that impose additional emission limitations or conditions to reduce the

emission of suspended particulate matter >10 microns to ensure that such particulate matter does

not interfere with the enjoyment of life or property. See Jefferson County Air Pollution Control

Rules and Regulations Part 1.13; Part 1.3 (“air pollution;” “air contaminant”).

(b) If, after the reductions prescribed in (a), JCDH continues to receive and verify

reports of particulate matter deposition that interferes with the enjoyment of life or property,

JCDH shall again modify, or revoke and reissue, permits and/or issue orders to ABC Coke and

Walter Coke that impose additional emission limitations or conditions to reduce the emission of

suspended particulate matter >10 microns to ensure that such particulate matter does not interfere

with the enjoyment of life or property. See Jefferson County Air Pollution Control Rules and

Regulations Part 1.13; Part 1.3 (“air pollution;” “air contaminant”); § 1.5.2.

4. Reduction of Air Toxics.

(a) JCDH shall modify, or revoke and reissue, the ABC Coke and Walter Coke air

pollution control permits as necessary to reduce the cumulative cancer risk of toxic pollutants to

no more than 1.0x10-5 in the populations within three miles of the fence-line of such facilities as

demonstrated by appropriate modeling. See Jefferson County Air Pollution Control Rules and

Regulations Part 1.13; Part 1.3 (“air pollution;” “air contaminant”); § 3.1.2(c).

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 (b) If, after the reductions prescribed in (a), monitoring data show that the cumulative

cancer risk is greater than 1.0x10-5 in the populations within three miles of the fence-line of such

facilities, JCDH shall modify, or revoke and reissue, the ABC Coke and Walter Coke air

pollution control permits as necessary to reduce the cumulative cancer risk to no more than

1.0x10-5 in such populations. See Jefferson County Air Pollution Control Rules and Regulations

Part 1.13; Part 1.3 (“air pollution;” “air contaminant”); § 3.1.2(c).

5. Process.

(a) JCDH shall seek an opinion from the Alabama Attorney General confirming and

setting out JCDH's authority to impose emission limitations and other conditions in major source

operating permits that will ensure that major sources will not have the effect of subjecting

individuals to discrimination because of their race, color, national origin, or sex notwithstanding

the facility's compliance with the JCBH Air Pollution Control Rules and Regulations and without

requiring individuals to pursue administrative or judicial review of such permits. Ala. Code §

36-15-1(1).

(b) JCDH shall assess and characterize the impacts of each major source operating

permit proposed to be issued, reissued, or modified on populations and describe the race, color,

national origin, and sex of populations within a zone of predicted impact which is not less than

three miles. The assessment shall address all air contaminants (including toxics, HAPs, odors,

and particulate matter) emitted in such quantities and for such durations as are, or tend to be,

injurious to human health or welfare, animal or plant life, or property, or would interfere with the

enjoyment of life or property. The public shall be notified of the availability of the assessment

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with the notice of the commencement of a public comment period on a draft permit. See e.g.,

EPA General Terms and Conditions, ¶ 27 c. iii. (eff. April 27, 2017).

(c) JCDH shall adopt civil rights discrimination grievance procedures in accordance

with 40 C.F.R. § 7.90(a). Such procedures shall be adopted by rule unless JCDH provides an

opinion from the Alabama Attorney General indicating that such procedures are not required by

law to be adopted by rule. 40 C.F.R. § 7.90(a); Ala. Code § 36-15-1(1).

(d) JCDH shall, after consulting with interested persons and organizations

representing the affected community, prepare a Public Participation Plan (PIP) for each major

source operating permit proposed to be issued, reissued, or modified. A PIP shall include the

following information:

(1) An overview of the recipient's plan of action for addressing the community’s needs

and concerns;

(2) A description of the community (including demographics, history, and background);

(3) A contact list of agency officials with phone numbers and email addresses to allow the

public to communicate via phone or internet;

(4) A list of past and present community concerns (including any Title VI complaints);

(5) A detailed plan of action (outreach activities) the recipient will take to address

community concerns;

(6) A contingency plan for unexpected events;

(7) Location(s) where public meetings will be held (considering the availability and

schedules of public transportation);

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 (8) Contact names for obtaining translation of documents and/or interpreters for

meetings;

(9) Appropriate local media contacts (based on the culture of the community); and

(10) Location of an information repository.

Copies of the PIP shall be made available on the JCDH website and shall be made available for

distribution to the public.

(e) JCDH shall prepare a fact sheet that addresses how major source operating permit

conditions ensure compliance with all applicable provisions of Jefferson County Air Pollution

Control Rules and Regulations, including Part 1.13. The rationale shall anticipate and address

public concerns, including emissions of toxic air contaminants, HAPs, particulate matter and

odors that may be emitted in such quantities and duration as are, or tend to be, injurious to human

health or welfare, animal or plant life, or property, or would interfere with the enjoyment of life

or property.

(f) JCDH shall conduct at least one workshop and one public hearing on each major

source operating permit proposed to be issued, reissued, or modified. The workshop shall be

conducted at least 30 days before the public hearing. Notice of such workshops and hearings

shall be published, posted, and mailed at least 45 days prior to the workshops and hearings. Such

workshops and hearings shall be held in the community likely to be most severely impacted.

Such workshops and hearings shall be held during the evening hours.

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 Proposed Monitoring Sites Legend
ABC Coke Monitoring Site

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© 2017 Google 2000 ft
 Proposed Monitoring Sites Legend
Walter Coke Monitoring Site

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© 2017 Google 2000 ft