The lawsuits are based on violations of the Clean Air Act. According to one lawsuit, amendments to the 1990 law require the EPA set performance standards for large incinerators that burn 250 to more tons of trash per day and to update them every five years.
According to the lawsuit, although the EPA missed the deadline for updating its database in 2011, the agency has not yet taken action.
East Yard Communities for Environmental Justice operates in Long Beach, California and eastern Los Angeles. It supports community programs and opposes incinerators. In 2018, an incinerator was closed in Commerce, California.
Ironbound Community Corporation, a large social service provider in Newark, New Jersey, is named after the railroad tracks that run along its three sides. Earlier this month, it helped postpone a sewage utility’s plan to build a backup power plant in an area that already suffers from pollution and poor air quality.
Baptista grew to live in this area, and describes it as being often smelly and heavily industrialized.
As she was driving to her parents’ house in 2020, she noticed something different emanating from the smokestack of the Newark incinerator.
She said that she saw bright pink smoke rising from it. I was initially confused. Was this some kinda sick joke or breast cancer awareness thing?
According to Covanta (the company that runs the facility), the tainted smoke was caused by the plant burning materials containing iodine from Newark chemical companies. According to Covanta’s report to New Jersey environmental regulators the company stated that several instances of pinkish and purple mist were caused by material containing iodine. The company also stated that it has stopped accepting such material.
Smith stated that four New Jersey trash incinerators fall under the EPA standards in Newark Camden Rahway Westville in Gloucester County and Camden Camden. Similar incinerators can be found in California in Long Beach or Crows Landing near Modesto.
The incinerators’ operators claim that they comply with all federal environmental standards.
One lawsuit refers to 2007 litigation in which the EPA was required to review its incinerator standards. Another recalls a 2008 court order that sent the matter back at EPA for a second examination.
“Over 13 years have passed since the courts remand with no action from EPA to review or update its standards,” the lawsuit read.
