Alabama Groups File Motion to Intervene in ABC Coke Consent Decree

Alabama Groups File Motion to Intervene in ABC Coke Consent Decree

For Immediate Release

Emily Driscoll, Southern Environmental Law Center, [email protected], 678-686-8482
Michael Hansen, Gasp, [email protected], 205-746-4666

Alabama Groups File Motion to Intervene in ABC Coke Consent Decree

BIRMINGHAM, Ala.  (January 29, 2020) — Conservation groups have filed a motion to intervene in ongoing efforts to approve a proposed settlement to address ABC Coke’s illegal emissions of benzene and the impacts on communities around northeast Birmingham and Tarrant, Ala., charging that the involved parties have failed to create a consent decree strong enough to ensure that the discharges are halted.

On behalf of Gasp, the Southern Environmental Law Center filed the motion and proposed complaint in the United States District Court for the Northern District of Alabama late yesterday in response to the lax terms set out by the consent decree agreed to by the Jefferson County Board of Health (JCBH) and the U.S. Environmental Protection Agency (EPA) with the Drummond Company. The members of the JCBH are tasked with governing the Jefferson County Department of Health (JCDH), which is responsible for regulating ABC Coke and its ongoing violations of benzene pollution, a known carcinogen.

Joining concerns expressed by local community members and elected officials, the groups claim the settlement, as written, lacks essential safeguards to ensure that the violations have stopped and hinders the public’s ability to identify and enforce future violations.

In the proposed consent decree, JCDH has agreed to post Drummond’s semiannual reports to its website verifying Drummond’s progress. The groups contend that Drummond’s self-reporting is not adequate and are urging the agencies to require an independent audit to assess what’s been done to reach compliance.

“With ABC Coke’s lengthy history of violations and a pattern of practice of hiding them, we continue to have significant concerns about the lack of transparency,” said SELC Senior Attorney, Sarah Stokes. “We must hold Drummond, EPA, and the Jefferson County Department of Health accountable to a plan that results in a protective, permanent solution to this legacy of pollution—anything short of that is unacceptable.”

Echoing comments submitted by Gasp and SELC last summer, the motion asks that Gasp be a party to the consent decree in order to be able to call for an increase in the penalty amount for violations, an independent audit of benzene levels, additional public reporting requirements, and for the JCDH to establish a trust fund for area residents which a third party with community-ties would administer.

“The families and workers who have been breathing ABC Coke’s toxic and illegal pollution for close to a decade deserve better,” said Gasp Executive Director, Michael Hansen. “Drummond should get more than a slap on the wrist. It’s past time for the Health Department to work with impacted communities to ensure tangible steps are being taken to put their health and wellbeing ahead of Drummond’s bottom line.”

Under the proposed consent decree filed in February 2019, Drummond agreed to pay $775,000 in penalties, with $387,500 going to JCBH and to EPA respectively. The consent decree also requires Drummond to take steps to stop the unlawful emissions, more than eight years after inspectors discovered that the plant was emitting excess amounts of benzene.

The JCDH recently renewed ABC Coke’s Title V permit despite numerous objections from local communities and elected officials, and without addressing the benzene violations that are the subject of the consent decree. On behalf of GASP, SELC petitioned EPA to object to the permit in June 2019. EPA has not yet made a decision whether or not to object to the permit.

For more information, contact Emily Driscoll at the Southern Environmental Law Center ([email protected], 678-686-8482) or Michael Hansen at Gasp ([email protected], 205-701-4270).


About Gasp
Gasp is a nonprofit health advocacy organization based in Birmingham, Ala. Our mission is to advance healthy air and environmental justice in the greater-Birmingham area through education, advocacy and collaboration. We strive to reduce exposure to air pollution, educate the public on the health risks associated with poor air quality, and encourage community leaders to serve as role model by advocating for clean air and clean energy.

About Southern Environmental Law Center
For more than 30 years, the Southern Environmental Law Center has used the power of the law to champion the environment of the Southeast. With over 80 attorneys and nine offices across the region, SELC is widely recognized as the Southeast’s foremost environmental organization and regional leader. SELC works on a full range of environmental issues to protect our natural resources and the health and well-being of all the people in our region.

On March 19, 1970, Dr. Marshall Brewer Gave this Stirring Speech

On March 19, 1970, Dr. Marshall Brewer Gave this Stirring Speech

On March 19, 1970, Dr. Marshall Brewer Gave this Stirring Speech

The modern iteration of Gasp celebrates its 10-year anniversary this year. We are also celebrating the 50th anniversary of our namesake organization, the Greater-Birmingham Alliance to Stop Pollution, and the signing of the federal Clean Air Act this year. As such, we will be sharing “blasts from the past” to connect our present and our future with where we have been.

The following is the transcript of a stirring speech given on March 19, 1970 by  Marshall Brewer, M.D., who was the president of the brand new Greater-Birmingham Alliance to Stop Pollution (GASP). The remarks were delivered to the Alabama Federation of Women’s Clubs at the University of Montevallo. 

Mrs. Patterson, Mr. Sears, Ladies and Gentlemen:

I’m flattered and grateful for this opportunity to appear before you today. Flattered because I’m merely a resident in training at the University of Alabama sitting among such distinguished guests as you have here; and grateful that whatever waves we are making at GASP in air pollution control have been acknowledged by your kind invitation to speak here today.

You may have wondered what a resident in surgery, who is supposed to be working 80 to 100 hours a week taking care of sick folk at the hospital, is doing in air pollution. And believe me some of the attending surgeons at the hospital are wondering the same thing.

Well, this is my sixth year of medical training. I’m learning how to open up a chest, how to spread apart ribs without breaking them, how to cut out parts of destroyed and useless lungs that contain emphysema and bronchiectasis, how to take out whole lungs and all the surrounding tissue that contains a big growing cancer. I have also learned that for every hundred patients I see with lung cancer that 94 of them will be dead within five years—no matter what I do for them. And I wonder how many hundred patients Dr. Russakoff has watched die a horrible death from emphysema—gasping for very last breath because there was nothing more that could be done. Nobody yet has ever been able to successfully transplant a lung. And I’ve come to realize that by the time you get a lung cancer or progressive emphysema—school is just about out.

So it occurred to me one night, when I was sitting up with a man dying with lung disease, that maybe I should spend some time trying to help people keep from getting the disease in the first place. Well, that’s nice, you might say—but is dirty air really. a health hazard?

This is a serious question because a lot of people are going to tell you this thin little haze in the atmosphere is merely an aesthetic problem—and that all those particles are inert and really quite harmless.

In Donora, Pennsylvania in 1948 an inversion layer held all of those harmless inert particles and gases down in a tight blanket, covering the entire town for 4 days. 40% of the people got sick and 20 of them died.

In 1963 the same thing happened in New York and 400 people died.

In London, England, 4000 people died during a 4 day stretch of polluted air.

From all other parts of the country, evidence from research is mounting every month to show that polluted air goes hand in hand with increased incidence and suffering from chronic, debilitating, and often fatal lung diseases.

Absolute proof is very difficult to get and may be well impossible. Let me remind you that we don’t have absolute proof that cigarettes cause lung cancer even though a million smokers have dies from it—and 50,000 more smokers will die from it this year. How many thousand bodies will we have to count before we decide to act on air pollution?

In spite of the respiratory tract’s inability to cope with today’s air pollution, it is still a marvel of filtering efficiency.

The number of people ill with respiratory illnesses runs into the millions, and the cost of this modern-day peril runs into billions of dollars— to say nohing of the cost in terms of human suffering.

But, aside from the health hazard, let’s look at what air pollution does to your property. Air pollution damages crops, corrodes metal, weakens fabrics, discolors paint, etches glass, cracks rubber, and spreads its filth over everything. The National. Air Pollution Control Administration has estimated that property damage as a result of air pollution costs some 10 to 12 billion dollars every year. That figures out to about $300 for the average family every year probably costs more in places like Birmingham.

But people are going to stand up and tell you “control of air pollution is a long and difficult task; We must not push industry too hard or they will have to close their plants and move away, and thousands of people will be out of jobs.”

This, of course, is not true. Industries in other states, the same industries owned by the same people as here in Alabama, have cleaned up their effluent when the laws were changed so that everyone had to do it. And these industries have continued to grow and prosper.

But don’t take my word for it. Listen to what the man who represents all these people who would be out of a job has to say. Listen to what I. W. Abel, President of the United Steelworkers of America, said to a conference of steelworkers one year ago:

“There is no longer any doubt that air pollution is a hazard to health. Citizens and workers should not give up the fight because it may be said that to have industry and jobs means we must have pollution. Pollution can be controlled. It is not an academic or idealistic goal. It is a practical, obtainable objective well within the realms of reasonable technology and economic cost. There need not be any practical conflict between action to insure the protection of public health and welfare and the economic growth of a particular industry or plant. While the security of our jobs is not the price which will be paid for aggressive abatement activity, the ruination of our health may well be the risk which will be taken for the lack of action”

Now I would like to tell you a little bit about the Greater-Birmingham Alliance to Stop Pollution (GASP). We are a rapidly expanding group of concerned young people. Some of us are professional people. Some of us are students in.the local college and high school campuses—and we have an advisory board of 13 prominent medical, business and civic leaders.

We all have one thing in connnon. We want a better environment for ourselves and for our children. And we’re working hard in our spare time to clean up our city. And, despite the fact that some of us are young and a few even wear their hair a little too long, we’re responsible!

Our ideas and objectives are matured. And we’re doing the right thing. We’re digging up the facts and we are making them available to groups such as yours. We want you to have the facts so that you can decide for yourselves what kind of air you want to breathe.

April 22 is going to be Environment Day across tbe country. We’re going to organize educational programs on every college campus in Jefferson County—and in many of the high schools.

We’ re going to talk about air pollution just like we’re doing here today. And we’re going to talk about what needs to be done about it.

But air pollution is just part of the massive threat that faces all our natural resources all across the country, and
all across the world.

We’re going to talk about the hazards that threaten our fresh water, our woods, our wildlife, and the scenic beauty of our state. For example, do you know that the concentration of DDT in American women’s breast milk is 3 to S times higher than the margin allowable in cow’s milk?

We’re not going to throw rocks or defy authority; but, we are going to do what every responsible citizen ought to do and what the President has advised groups such as ours to do:


In addition, we at GASP are going to work closely with the Alabama Clean Air Committee and the Alabama Tuberculosis Association in informing our citizens about the Federal Air Hearings. We’re going to turn out hundreds of informed people for these hearings so that our elected officials will know that the people of this state want clean air.

Now, what can you ladies do?

You ladies represent 50,000 women in the State of Alabama and over 100,000 children who will inherit our state in no better and no worse condition than we leave it.

One thing is easy for me to say: Send money to GASP. We certainly need it. We’re running an office with two full time employees and dozens of part-time volunteers and our continued existence will depend upon the generosity of folk like you who realize that our fight for clean air is your fight. And any contribution made to us is tax-deductible.

What else can you do?

Well, if I can quote Dr. John Middleton, Commissioner of the National Air Pollution Control Administration, an expert on air pollution. He says:

“Don’t leave it all to the experts. Find out about the harmful effects of pollution on your mom and your family’s health and welfare. Find out about the ways to prevent and control air pollution today and tomorrow. Force the experts to put things in their proper perspective. There is no time to spare. There is no time for a leisurely effort. But there is still time for an orderly attack on the problem—provided we ACT NOW.”

And as a first source of information about the problem, may I suggest this book: The Environmental Handbook. It is a collection of essays and facts about the problems, representing a broad spectrum of ideas and thinking. I’ve brought 200 copies with me and I really don’t want to take any of them back.

Another thing you can do: Find out who’s running for office in your district. Take a good look at their platform…and a good at look at how they voted. Ask them to speak to your group about their plans for cleaning up the environment. And remember. The present legislators have given you an air pollution bill that one member of the Governor’s Commission has called a farce and a license to pollute.

GASP, in cooperation with approximately 75 other groups across the State, is co-sponsoring a questionnaire which will be sent by registered mail to every candidate running for office in Alabama.

A special GASP committee is going to make out a report card on each of these candidates for office—and we will be happy to make the answers of your candidate and their report card available to you by mail—if our funds permit. You might even want to get it published in the local paper.

The Quest for a Quality Environment is going to be the major issue confronting our society for the rest of this century. We are just seeing the beginning of the problems which we have gotten ourselves into.

One United States Senator has said:

“More than any other public problem with which I am familiar, the threat to our natural environment poses a challenge to our system of self-government. There is a real question whether this nation, which has spent 2OO years developing an intricate system of local, state, and federal governments to deal with public problems, will be bold, imaginative, and flexible enough to meet this supreme test. Our government has survived two world wars—but will it be adequate to cope with our own hell-bent drive to destroy our resources?”

I believe in the American way of life. We have a strong democracy—and its strength lies in the rights and freedoms we all enjoy. But, our democracy also demands responsibility from all its citizens.

My history professor said that America is a participatory democracy. I believe it is time that we Americans, in an earnest and responsible manner, begin to participate in the decisions wh1ch will determine the quality of our own lives and the heritage we leave our children.

Thank you.

Alabama Groups File Motion to Intervene in ABC Coke Consent Decree

EPA Needs to Base Its Decisions on Science

Dr. Marion Fintel

Dr. Marion Fintel


Marion Fintel retired from Talladega College as an associate professor of biology in July of 2019. During her career, she taught anatomy and physiology, as well as other biology courses, to college students for close to thirty years.  Dr. Fintel earned her doctorate in physiology from LSU Health Sciences Center in New Orleans in 1982.  She then received further research training as a postdoctoral scholar in the UCLA Department of Physiology. In 2013, Dr. Fintel earned a masters of science degree in public health (MSPH) in the field of epidemiology from UAB. 

Gasp Comments on JCDH Ambient Air Monitoring Network Plan for 2019

Gasp Comments on JCDH Ambient Air Monitoring Network Plan for 2019

Gasp Comments on JCDH Ambient Air Monitoring Network Plan for 2019

Every year Gasp comments on the Ambient Air Monitoring Plans put out by ADEM and JCDH. These plans contain any changes that either ADEM or JCDH plan to make to their ambient air monitoring network in that year. The plans are subject to public comment and EPA must approve the Plans.

Where ambient air monitors are placed and for what pollutant they monitor is crucial to the regulators’ and public’s ability to understand their air quality. For example, when Birmingham has “ozone days,” this information is being collected from the various ozone monitors throughout JCDH’s ambient air monitoring network. Gasp has been commenting on these plans the past several years not only because of the crucial role ambient air monitors play in informing us about air quality, but also because a more robust, intentionally strategic ambient air monitoring network is a critical component of establishing everyone’s right to breathe healthy air.

According to a recent article, the gains the U.S. has made in improving air quality have decreased over the past 2 years. “There were 15% more days with unhealthy air in America both last year and the year before than there were on average from 2013 through 2016, the four years when America had its fewest number of those days since at least 1980.” The American Lung Association ranked Birmingham 14th worst city for year round small particle (PM2.5) pollution.

This year, Gasp is asking for more monitoring. Specifically, for monitors to address the Acipco-Finley neighborhood’s concerns about emissions from scrap metal recycling facilities in their neighborhood and for a dedicated fenceline SO2 monitor for ABC Coke. These are very specific requests that could not only give a clearer picture of air quality in these communities, but such information gives residents the power to make their communities and air healthier.

Information is power. A robust ambient air monitoring network, with monitors placed in the right places (short version: the “right places” are in hot spots of pollution, not far away from them), gives people critical information about the quality of the air they breathe. This is why weighing in on JCDH’s Ambient Air Monitoring Network Plan for 2019 is a crucial part of advancing healthy air and environmental justice.

Groups Sue Trump’s EPA for Coke Oven Cancer Pollution

Groups Sue Trump’s EPA for Coke Oven Cancer Pollution

Groups Sue Trump’s EPA for Coke Oven Cancer Pollution

WASHINGTON, D.C. (April 15, 2019) — Today Earthjustice on behalf of Citizens for Pennsylvania’s Future, Gasp, Louisiana Bucket Brigade, and Sierra Club, sued the Environmental Protection Agency (EPA) for improperly regulating coke ovens – producers of known carcinogens – thus failing to protect communities throughout the country. Over a decade ago, EPA found that carcinogenic emissions from coke ovens destroy air quality and cause devastating health complications, yet plaintiffs in the case argue the agency failed to act to protect nearby communities from this threat.

“The pollutants spewed by coke ovens cause cancer and other serious illnesses. Fourteen years ago today, EPA admitted that it couldn’t say whether its own regulations adequately protected people from this threat and promised to do something about it. Since that day, EPA hasn’t taken a single step to fulfill its promise. It’s long past time for EPA to do its job and protect people in places like Birmingham, Ala., Clairton, and Erie, Pa., and St. James Parish, La.,” said Earthjustice Attorney Tosh Sagar.

“EPA determined years ago that coke ovens produce known carcinogens and that millions of residents in nearby towns and cities breath these carcinogens in. This is just one in a long litany of EPA’s failure. It’s time EPA does its job to review and revise standards for coke ovens in order to protect these people and meet the requirements of the Clean Air Act,” said the plaintiffs in a joint statement.

Coke ovens used usually for iron making superheat coal producing more than 40 highly toxic air pollutants – including benzene, arsenic, and lead – that escape poorly-sealed oven doors every time coal is added to bake or coke is removed from an oven. These poisonous gases not only cause breathing problems but are also known carcinogens that threaten nearby residential communities.

In 2005, EPA issued regulations for emissions from coke oven batteries. But these regulations didn’t address many of the points in the coke oven plants that are responsible for significant emissions. Even worse, EPA itself recognized that it could not know whether the 2005 regulations adequately protect people from these carcinogenic gases.

EPA promised to address this problem, but 14 years have passed and EPA has done nothing. In just the last few years, EPA admitted in federal court that it similarly failed to review and update standards for more than 40 other sources of hazardous air pollutants. Thus, EPA’s failure to review and revise standards for coke ovens is just one example of its disregard for using the Clean Air Act to protect communities. This lawsuit aims to enforce the Clean Air Act by requiring EPA to properly regulate coke oven facilities that produce known carcinogens.

Examples of the Impact of Coke Facilities:

  • U.S. Steel’s Clairton Coke Works in Allegheny County is the largest coke plant in the country and decidedly has the greatest impact on deteriorating air quality in western Pennsylvania. Decades of consent orders, multi-millions of dollars in fines paid, and more recently, tougher enforcement by regulators have not resulted in Clairton operating in a manner protective of air quality. “Forcing EPA to finally set standards for these emissions will go a long way to protecting people living near coking facilities like Clairton in western Pennsylvania and across the country,” said PennFuture President and CEO Jacquelyn Bonomo.
  • In Birmingham, there are two coke plants less than two miles from each other within low-income, overwhelmingly African-American communities. One of the two plants, Drummond Company’s, ABC Coke, is the largest merchant producer of foundry coke in the United States. In February, the U.S. Department of Justice announced the company would be fined $775,000 for violating the Clean Air Act. The Asthma & Allergy Foundation of America ranks Birmingham in the top 10 in its Asthma Capitals report.
  • The residents of the St. James Parish, La., already experience some of the highest cancer rates in the nation and Nucor plans to add to their burden by building a new, massive coke oven plant. If EPA reviewed and updated these standards, Nucor would have to build this plant using the most-up-to-date pollution controls. But if EPA doesn’t act fast to review the standards, the residents of St. James parish will be subjected to carcinogenic gases as a result of Nucor’s old, dirty technology for decades to come. “Nucor made the decision to put its polluting facility in the middle of a historic black community, and now that community is bearing the brunt of its pollution and the government’s failure of oversight. It’s long past time for the law to be enforced,” said Anne Rolfes, director of the Louisiana Bucket Brigade. 



Tosh Sagar
Earthjustice attorney

Anne Rolfes
Louisiana Bucket Brigade

Michael Hansen

Judy Kelly
Citizens for Pennsylvania’s Future

Jane Williams
Sierra Club

How Air Pollution Gets Into Our Bodies

How Air Pollution Gets Into Our Bodies

How Air Pollution Gets Into Our Bodies

I have to be honest. Until I started reading about air pollution, I didn’t think much about it. I mean, I knew that it was bad in a vague, general kind of way, but my thinking never went past that. Air quality was way too easy to ignore, and it was even easier to downplay its importance to my own health and the health of every person on this planet.

The reality of air pollution didn’t hit my consciousness until I visualized poor air coming into my lungs. I saw myself breathing in air that is full of harmful chemicals, that air traveling in and through my nose, down my throat and into my soft, squishy, absorbent lungs.

My lungs taking in whatever is in that air and my bloodstream spreading it across my body, into all of my organs, including my brain (read about the effects of air pollution on our brains HERE ; spoiler alert, it ain’t good).

Air is all around us. Whether we are sitting on the couch, driving in the car, traveling on a plane, walking in the park, it doesn’t matter. We are never not around air.

If you are currently breathing, then you are consuming whatever is floating around you, seen or unseen, odorless or scented.

That inescapable fact kind of freaked me out at first. But it gave me the much needed kick in the pants to stop ignoring the importance of air quality. After this finally clicked for me, I also learned that air pollutants don’t just come into our bodies through our nose and lungs.

Besides breathing in contaminated air, air pollutants gets into our bodies in the following ways [1]:


And as the world globalizes, and more of our food and products come from places with fewer air quality regulations and greater air pollution, the more I realize that air pollution is not a “their” problem, but an “our” problem. Let’s come together – for each other and ourselves.

Take a moment to cultivate positive emotions for yourself and others using this short Loving Kindness meditation.

Till next time.

Wishing you joy, safety and ease,