EPA Clean Water Act Permit Litigation: Declaration of Environment New Jersey Member Ann Sorrel

1. My name is Ann Sorrel. I am a resident of Newark, New Jersey, am over the age of 19, am an attorney licensed in the state of New Jersey, and am competent to give this declaration. The facts stated below are based upon my personal knowledge.

Environment America

1. I have been a member of Environment America (dba Environment New Jersey). I have been a member since 2006. I value Environment America’s work to protect the air and water of New Jersey and other states from industrial polluters.
2. Environment America is a national network of 30 state environmental organizations. Their staff work together for clean air, clean water, clean energy, wildlife and open spaces and a livable climate. Their members and activists, who number more than 1 million in every state of the nation, put grassroots support behind research and advocacy, including defense of core environmental laws like the Clean Water Act.
3. Environment America is represented by Environment New Jersey in the Garden State and includes more than 80,000 dues-paying members and activists across the state. The organization builds broad coalitions, engages the public and decision-makers and works to pass policies and laws that further the protection of the Garden State. We have a long history of working to hold polluters accountable for discharges to our waterways, and advocating for more rigorous enforcement of the Clean Water Act.

Use of Passaic River

4. I am a native of Newark, New Jersey, and have lived near the Passaic River for most of my life.
5. I currently live only a few blocks from the Passaic River. I frequently walk along the river at Newark’s Riverfront Park, looking for pieces of nature among the River’s industry and pollution, like birds and the occasional fish. The pollution of the river concerns me and injures my enjoyment of those walks. The Passaic River is impaired for aquatic life and fish consumption due to high levels of, among other things, chromium, copper, mercury, arsenic, Benzo[a]pyrene (PAHs), Chlordane, pesticides, and PCBs.[1]
6. I would love to use the Passaic River for more than just walking alongside it. I love canoeing along America’s rivers. My family and I have canoed Montana, Missouri, Georgia, Florida, Pennsylvania, including multiday canoeing trips. In New Jersey, I’ve canoed through the Pine Barrens on rivers like the Batsto River. I’ve also canoed the Delaware River. I own a canoe and I would like to canoe on the Passaic River. However, I am concerned about the Passaic River’s pollution and heavy shipping traffic. In addition, my mother, who also lived in Newark, has told me stories of people swimming, fishing, and crabbing in the Passaic River in the 1920s. I would love to someday be able to safely swim in the Passaic and eat fish and shellfish out of the Passaic River.
7. My uses of the Passaic River have been injured by EPA’s failure to update pretreatment standards (ELGs) for the following industrial sectors so that they reflect the best available technology: Organic Chemicals, Plastics, and Synthetic Fibers (OCPFS). Facilities within these pretreatment categories (or that should be within these categories, as explained below) discharge to the Passaic Valley Sewerage Commission, 600 Wilson Avenue, Newark, New Jersey 07105 (“Passaic Valley”).
8. Passaic Valley is an enormous wastewater treatment plant – its design flow is 330 million gallons a day. The plant discharges to the Passaic River in Newark. Passaic Valley NPDES Permit No. NJ0021016 (Oct. 9, 2015).[2]

OCPSF Indirect Dischargers to Passaic Valley

9. Chem Fluer/Firmenich Inc., located at 150 Firmenich Way, Newark, NJ 07114 (“Chem Fluer”), makes fragrance-related chemicals and discharges process water to Passaic Valley. The Chem Fluer facility falls within SIC 2869—Industrial Organic Chemicals, Not Elsewhere Classified and falls within the 40 CFR Part 414, OCPSF pretreatment standards. 40 C.F.R. § 414.11(a). The facility likely falls within specialty organic chemicals subcategory (rather than bulk chemicals). 40 C.F.R. § 414.80. Regardless of which subcategory applies, the pretreatment standards in 40 CFR § 414.111 apply.  40 CFR §§ 414.75, 414.85. Chem Fluer discharges, among other pollutants, reportable quantities of methanol to Passaic Valley.[3] Methanol may cause birth defects of the central nervous system in humans.
10. Elan Chemical Co. Inc., 268 Doremus Avenue, Newark, NJ 07105, manufactures a wide variety of organic chemicals, including synthetic chemicals for the flavor and fragrance industries, products for the personal care, pharmaceutical and petrochemical industries, and catalyst accelerators and co-catalysts. It discharges process water to Passaic Valley. The Elan Chemical factory falls within SIC 2869—Industrial Organic Chemicals, Not Elsewhere Classified and falls within the 40 CFR Part 414, OCPSF pretreatment standards. 40 C.F.R. § 414.11(a). The facility likely falls within specialty organic chemicals subcategory (rather than bulk chemicals). 40 C.F.R. § 414.80. Regardless of which subcategory applies,  the pretreatment standards in 40 CFR § 414.111 apply. 40 CFR §§ 414.75, 414.85.  Elan discharges, among other pollutants, reportable quantities of methanol and cyclohexane to Passaic Valley.[4]
11. Fisher Scientific Company, L.L.C. produces a wide range of chemical products, including basic solutions, biochemical, and bioreagents. It discharges process water to Passaic Valley. The Fisher facility falls within SIC 2869—Industrial Organic Chemicals, Not Elsewhere Classified and falls within the 40 CFR Part 414, OCPSF pretreatment standards. 40 C.F.R. § 414.11(a). The facility likely falls within specialty organic chemicals subcategory (rather than bulk chemicals). 40 C.F.R. § 414.80. Regardless of which subcategory applies,  the pretreatment standards in 40 CFR § 414.111 apply. 40 CFR §§ 414.75, 414.85.  Fisher discharges, among other pollutants, reportable quantities of cyanide, mercury, dichloromethane, and lead to Passaic Valley.[5]
12. Shamrock Technologies Inc. is located at the foot of Pacific Street, Newark, NJ 07114. It produces micronized polytetrafluoroethylene, including specialty micronized powders, dispersions, emulsions, and compounds including PTFE, polyethylene, polypropylene, fluoropolymers, custom wax alloys, natural waxes, and other specialty additives.  It discharges process water to Passaic Valley. Shamrock likely falls within SIC 2869—Industrial Organic Chemicals, Not Elsewhere Classified and falls within the 40 CFR Part 414, OCPSF pretreatment standards. 40 C.F.R. § 414.11(a). The facility likely falls within specialty organic chemicals subcategory (rather than bulk chemicals). 40 C.F.R. § 414.80.  Regardless of which subcategory applies,  the pretreatment standards in 40 CFR § 414.111 likely apply. 40 CFR §§ 414.75, 414.85. Shamrock discharges reportable quantities of glycol ethers to Passaic Valley.[6]
13. Deltech Resins Co. manufactures synthetic resins, plastics materials, and nonvulcanizable elastomers. The company’s products are used in coatings, adhesives, and specialty copolymers. It discharges process water to Passaic Valley. Deltech likely falls within SIC 2869—Industrial Organic Chemicals, Not Elsewhere Classified and falls within the 40 CFR Part 414, OCPSF pretreatment standards. 40 C.F.R. § 414.11(a). The facility likely falls within specialty organic chemicals subcategory (rather than bulk chemicals). 40 C.F.R. § 414.80. Regardless of which subcategory applies,  the pretreatment standards in 40 CFR § 414.111 likely apply. 40 CFR §§ 414.75, 414.85. Deltech Resins discharges reportable quantities of ethylbenzene, xylenes, butyl acrylate, trimethylbenzene, 1,2,4-ethylene glycol, methyl methacrylate, vinyl acetate, and styrene to Passaic Valley.[7]
14. EPA has not updated the OCPSF pretreatment standards in any way since 1993. 58 Fed. Reg. 36893 (July 9, 1993). The pretreatment standards for OCPFS, 40 CFR § 414.111, do not include any limits for the toxic pollutants these three chemical plants discharge to Passaic Valley, like methanol, cyclohexane, cyanide, mercury, dichloromethane, glycol ethers, and lead. The pretreatment standards for OCPSF also do not include other pollutants potentially associated with chemical production, like dioxins.[8]
15. EPA’s failure to update these limits injures me because, without updated pretreatment standards, Chem Fluer, Elan, Fisher, Shamrock, and Deltech Resins could discharge pollutants that pass through the Passaic Valley plant to the Passaic River. Passaic Valley does not have any permit limits for methanol, cyclohexane, cyanide, dichloromethane, glycol ethers, ethylbenzene, xylenes, butyl acrylate, trimethylbenzene, 1,2,4-ethylene glycol, methyl methacrylate, vinyl acetate, and dioxins. See Passaic Valley NPDES Permit No. NJ0021016 at PDF 329 (only limits are for BOD, chlorine produced oxidants, fecal coliform, copper, cyanide, lead, mercury, nickel, nitrogen, ammonia, oil & grease, dissolved oxygen, ph, total suspended solids, and zinc). If these pollutants pass through the Passaic Valley plant, they may contribute to the already-terrible pollution in the Passaic River, harming aquatic life and diminishing my enjoyment of the River.

Redressability

16. It is my understanding that my harms and concerns could be redressed by EPA reconsidering its decision not to revise the OCPSF pretreatment standards and revising them. Such revisions should include not only lower limits for currently regulated pollutants, but limits on additional pollutants that currently lack pretreatment standards. Adding these missing limits to the permits and pretreatment standards would redress my injury and likely improve my enjoyment of the watershed.
17. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on April 10, 2023.

s:/ Ann Sorrel                                                                                                                                                                                         

ANN SORREL

NJ Attorney ID 004231987

NEWARK, NJ

[1] https://mywaterway.epa.gov/waterbody-report/21NJDEP1/NJ02030103150050-01/2020

[2] https://www.nj.gov/dep/dwq/pdf/cso_passaic_valley_sewerage_commission_nj0021016.pdf

[3] “Indirect Industrial Discharger Report: Linkage between TRI Facilities and Receiving POTWs,” https://echo.epa.gov/system/files/TRI_POTW_Removals.xlsx, found at https://echo.epa.gov/trends/loading-tool/resources.

[4] https://echo.epa.gov/system/files/TRI_POTW_Removals.xlsx

[5] https://echo.epa.gov/system/files/TRI_POTW_Removals.xlsx

[6] https://echo.epa.gov/system/files/TRI_POTW_Removals.xlsx

[7] https://echo.epa.gov/system/files/TRI_POTW_Removals.xlsx

[8] https://www.epa.gov/trinationalanalysis/dioxins