Power plants in Arkansas have received exemptions for compliance with the Enviormental Protection Agency’s Mercury and Air Toxic Standards until July 2029. Ozarks at Large's Jack Travis reports that letting these plants avoid the rules could harm public health, especially in some of the state’s lower income communities. He spoke with the director of Advocacy in Arkansas for the American Lung Association to learn more.
In March earlier this year, EPA administrator Lee Zeldin invited power plants, chemical manufacturers and other industrial polluters to apply for temporary exemptions from federal rules that limit toxic air emissions. The specific rules that coal-burning power plants were attempting to circumvent are the Mercury and Air Toxics Standards, or MATS, under section one twelve of the Clean Air Act. This regulation, which the Biden administration finalized last May, requires polluters to reduce emissions of toxic chemicals like mercury, arsenic and benzene.
“So there is technically a provision in the Clean Air Act that makes this possible, but it's very, only meant to be used in very limited and specific circumstances, which is not how it's being applied.”
That’s Laura Turner. She is the director of advocacy in Arkansas for the American Lung Association, an organization that works to improve lung health through research, public education and advocacy.
The provision she’s referring to is in section 112. It allows the president to exempt certain polluters from compliance with any standard or limitation for up to two years if the technology to implement the standard is not available and it is, quote, “in the national security interests of the United States to do so.”
“And they're making it incredibly easy to get the exemptions. In fact, all a company would need to do would be email the EPA. There's an email inbox to request to be exempted. No lengthy application process or anything like that.”
So far, three companies in Arkansas received exemptions from federal limits on toxic air pollution: the White Bluff Steam Station in Jefferson County, the Plum Point Energy Station in Mississippi County, and Georgia-Pacific chemicals manufacturing plant in Ashley County. Only the former two are coal powered plants and covered by the EPA’s Mercury and Air toxic standards.
Turner says that while the MATS rule focuses on airborne mercury, other chemicals like nickel, arsenic, and lead can also come from these plants and pose equal danger.
“With all of these kind of combined…There are various health effects that can happen, including irritation of the lungs, the skin, mucous membranes. It can affect your kidneys. It can damage your nervous central nervous system, and can cause, you know, sooner, sooner impacts. Nausea and vomiting can lead to cancer as well.
“So looking at all of this long list of chemicals that are covered under this law, these different pollutants can also cause heart attacks, and developmental delays in children. That's one that you kind of hear a lot about. Especially with lead. That's one we're familiar with. And then another piece of it too is that power plants also emit fine particulate matter and gases like sulfur dioxide, nitrogen oxide, carbon, carbon dioxide. There's just a whole spew of things that are bad for us to inhale or be exposed to. Inhaling particulate matter specifically can lead to a wide range of adverse health effects like coughing, wheezing, shortness of breath, which is kind of really relevant to what we do here in healthy adults and also result in asthma attacks with people of any age.”
She says industrial polluters typically operate in rural or densely urban areas. This causes specific populations to bear the effects of unhealthy air disproportionately.
“People of color and low income people are more likely to live in what we call fenceline communities that are most burdened by that pollution. So, and I'm sure there's a lot of history behind that that we won't get into, but we know that there's already, um, yeah, that's just a higher risk. That's not necessary and a lot of times people can't afford to move away from there or maybe don't want to. So they're kind of trapped, breathing in that pollution.”
As of producing this report, some of the U.S. Census Bureau’s website is down, so gathering data from the agency is difficult. However, Data USA pulls from sources such as the Census Bureau to offer profiles on places across the country. According to their profiles on Jefferson, Ashley and Mississippi counties, all have poverty rates ranging from twenty point six percent to twenty two point seven percent — roughly double the national average.
Turner says the ALA protects clean air and helps prevent lung disease by advocating against policies like the section 112 exemptions and mobilizing local support. Each year, the group releases a state of the air report compiling data from official air quality monitors so people know what they’re breathing. They also alert volunteers and health professionals when lawmakers are taking comments on air quality rules, with Turner often testifying herself.
“So whenever those do come up and there’s a chance to do it, I try to, and sometimes you just gotta say it anyway, even if nobody’s asking for it. And then with our state of the air report, which comes out in April, we do a great deal of media advocacy around that report. And Arkansas is one where we get a lot of traction. I think usually with the state of the air report and kind of use that to draw attention to what’s going on… for better or for worse.”
Outside of the ALA’s efforts, environmental groups nationwide have filed suit against President Trump, Lee Zeldin and the EPA, challenging the legality of the exemptions and the use of the provision in section 112 to allow them. Turner says citizens at large have a voice too.
“Talk to legislators, talk to council members. In some cases, I mean, anybody can go to those organizations that regulate air quality at the state level, and anybody can go to those meetings.”
She recommends visiting the Arkansas Department of Energy and Environment’s Division of Environmental Quality’s website and signing up for alerts if available — specifically with the division’s Office of Air Quality.
“Just kind of seeking those out and reaching out to the people that work there as well and letting them know you care about this. There’s no rule against that. So that’s something that I would encourage people to do. Even if you think your voice doesn’t matter. Every little voice counts. And I think more than anything, folks that are local have a very powerful opportunity to do that if they’re the ones who are having to breathe this air. Those are the ones whose opinion is the most valuable.
What's more, everyone can take small steps within their own lives to reduce pollution:
“That usually looks like trying not to drive more than you have to. Gassing up in the evening rather than during the heat of the day, especially during high ozone season, which is in the summer, and trying to use public transportation if it's available, biking if you can. We all have different options available to us. But, those are all little things we can do to fight pollution. And also just being aware of what the air quality is.”
Turner says those with breathing difficulties can acutely feel the impact pollution has on their quality of life.
“There are air quality reports that you can look up and especially folks that have health issues, lung issues, etc. we need to be really sensitive to that. I say we because I have asthma and I'm really thinking about that a lot when it's a poor air quality day. You can tell really, you can tell if you go out and it's been, um, uh, like an orange or red day for air quality. I feel it in my lungs for sure.”
You can find more information on lung disease prevention and how to advocate for cleaner air in your community with the American Lung Association by visiting lung.org.
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