Congressman urges EPA to stop stench from SC paper mill after thousands complain
A South Carolina congressman is pressing the U.S. Environmental Protection Agency to stop the foul odors that have made life difficult for thousands of people who live on both sides of the state line near Charlotte.
U.S. Rep. Ralph Norman, a Republican whose 5th District includes York County, told the EPA in a letter Monday that the agency should pick up the pace to complete an enforcement action against the New Indy paper mill. That would make it possible to resolve odor problems that many people have complained about, Norman said.
The EPA took enforcement action against New Indy late last year, proposing a $1.1 million fine and telling the troubled paper mill to clean up its act after nearly a year of citizen complaints about odors.
But the enforcement action must be approved by a federal judge, and that hasn’t happened because the EPA has not provided all the information necessary for the judge to sign off on the deal, say attorneys for residents suing New Indy. The delay has slowed a state enforcement case in South Carolina, in addition to hampering a permanent solution to the odor problem, critics say.
“I urge the EPA to use all the tools at their disposal to expedite the process of achieving permanent action to mitigate odor issues stemming from operations at the New Indy container board facility in Catawba, SC,’’ Norman’s letter to EPA Administrator Michael Regan said.
Norman’s letter asked Regan to beef up staffing to review some 600 public comments that have been submitted about the proposed enforcement case — which will help ultimately “achieve relief’’ for people living near the paper mill. The volume of the comments has contributed to a delay in resolving the matter, Norman’s letter said.
The EPA’s proposed enforcement action can’t be finalized until the environmental agency and the U.S. Justice Department review the comments and decide what to tell the court, the letter said. The agencies could seek to toughen the enforcement order, keep it as proposed or recommend dropping it.
Norman, one of the most conservative members of Congress, often opposes tough EPA rules and regulations that critics say unfairly shackle businesses and industries. But in this case, his call for EPA help comes amid an uproar among his constituents about one of the area’s leading industries, a more than 60-year-old paper mill that has employed thousands of people.
Many people, who say the smells are so strong they sometimes can’t spend time in their yards, say the paper mill’s odors have gotten substantially more pronounced since New Indy acquired the facility several years ago. Some have complained of nausea, headaches and illnesses.
New Indy, owned partially by a group affiliated with New England Patriots owner Robert Kraft, has acknowledged mistakes, has said it is working to resolve the problems and wants to be a good neighbor. The powerful odors occurred after plant operators made changes to the mill’s wastewater treatment system as New Indy began producing unbleached container board, instead of bleached paper. The mill, in the Catawba area of York County, for years was operated by Bowater.
The biggest odor issue has been with hydrogen sulfide, a material that causes a rotten egg odor. But other air pollution also has generated concerns, including chemical smells. Dioxin, which can cause cancer, is also contained in waste disposal areas near the Catawba River.
Few environmental issues in South Carolina have sparked so many complaints in recent years. Since early 2021, state officials say they have received at least 30,000 complaints from residents upset about New Indy.
EPA spokespeople did not immediately respond to questions from The State about speeding a resolution to the enforcement action. The S.C. Department of Health and Environmental Control is preparing its own enforcement case but has said it would wait to take action until the EPA finalized the federal case.
“Once EPA makes its determination, DHEC will issue an enforcement order to the facility ― an order that could take stronger actions that go beyond the measures of any federal decree,’’ DHEC said in a news release two months ago. A DHEC spokesperson was not available Tuesday; state offices were closed because of the Confederate Memorial Day holiday.
David Hoyle, a lawyer for residents who are suing New Indy over the foul odors, said the EPA and the U.S. Department of Justice need to take action — but that action needs to be stronger than the$1.1 million fine proposed last December.
Among other things, the EPA needs to require more monitors around the New Indy plant to keep track of air pollution and check for more types of pollutants. Much of the focus has been on hydrogen sulfide, but other materials also are contributing to the air pollution, such as methyl mercaptan, he said. Methyl mercaptan, like hydrogen sulfide, produces unpleasant odors that can sicken people and cause skin or eye injuries.
Odors became a source of complaints early in 2021, and “it’s still a problem,’’ Hoyle said. “There are reports still coming in to DHEC on a daily basis.’’
“There are now persons, in addition to reporting the smell of rotten eggs, who are also experiencing a sweet chemical smell,’’ he continued, noting that “It is without question, that the daily lives of tens of thousands of people are being impacted by this odor. It’s an odor that keeps people from having their kids play on the playground, keeps people from exercising outdoors, and keeps people from enjoying their daily lives.’’
In a statement Tuesday, New Indy said it had made substantial strides in reducing hydrogen sulfide pollution and had been in touch with Norman’s office.
“Congressman Norman and his staff have visited the mill several times and we have kept them regularly updated on our progress on odor remediation efforts,’’ the statement from New Indy said. “Hydrogen sulfide emissions from the facility have been negligible or zero for many months due to upgrades and improvements New-Indy Catawba has made. New-Indy Catawba will continue to cooperate with the federal and state authorities. We strive to be a good neighbor, desirable employer and major economic driver for the region.’’
This story was originally published May 10, 2022 at 4:38 PM.
