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Tennessee EJ Groups are Suing FERC

Photo credit: John Partipilo

By Franklin Sharon.

On May 1, 2024, Anita Wadhwani of Tennessee Lookout reported that Tennessee environmental groups have filed a suit against the Federal Energy Regulatory Commission (FERC) over its approval of a pipeline that will wind through mostly poor and Black Middle Tennessee communities. This pipeline will supply methane gas to a new Tennessee Valley Authority (TVA) powerplant near Clarksville.

What Are the Groups Asking For?  The Sierra Club and Appalachian Voices are asking the United States Court of Appeals for the District of Columbia Circuit to set aside a January order approving the 32-mile pipeline through Dickson, Houston and Stewart Counties. Below is a proposed system map of the Kinder Morgan pipeline that runs through these three Tennessee counties.

Represented by the Southern Environmental Law Center (SELC), these environmental groups say the construction and ultimate operations of the pipeline poses a host of avoidable risks to the communities and natural resources that lie in its path. These groups have criticized federal regulators for caving to pressure from the Tennessee Valley Authority and the company building the pipeline, Tennessee Gas Pipeline.

According to an analysis by FERC, The proposed pipeline’s route goes through eleven (11) communities, seven (7) of which are disproportionately in poor or Black communities and three (3) of which have minority populations of 50% or more. Additionally, the pipeline would cut through dozens of streams that feed into the popular Harpeth River.

Other concerns raised by environmental groups centers on the danger of pipes leaking methane into the atmosphere. Methane is a key contributor to climate warming. The groups also issued a warning, that the costs which TVA is incurring to complete this project will ultimately be borne by consumers in the form of higher energy costs. 

Why is This Pipeline So Controversial?  The pipeline project is intended to supply natural gas to a new TVA plant in Cumberland City, which is approximately 20 miles southwest of Clarksville.  This plant is one of eight gas-powered plants that TVA has announced and is drawing criticism from environmental groups for its continued reliance on climate-damaging fossil fuels instead of investments in renewable energy.

Why Is This Important?  Spencer Gall, SELC attorney, said “FERC’s decision to greenlight this project ignored the harm the pipeline and gas plant would inflict on Middle Tennessee and beyond,”

“FERC is supposed to safeguard the public interest, not rubberstamp unnecessary pipeline projects that will harm our communities, hurt the climate, and contribute to higher power bills”.

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When We Fight, We Win!

By Sharon Franklin.

In July 2023, I wrote the blog, “There’s An Ethylene Oxide (EtO) Health Emergency in South Memphis, Tennessee.” In it, I discussed the air pollution created by the Sterilization Services of TN (SELC) in Memphis, Tennessee. According to an August report by Adrian Sainz from AP News, SELC will officially be closing its Memphis plant!

As background, SELC is a medical equipment sterilizing plant that has been emitting hazardous air pollution since 1976 (permitted to do this since 1985). Ethylene oxide (EtO) is used to clean catheters, syringes, pacemakers, plastic surgical gowns, and other items. On August 24, 2023, the Memphis Community Against Pollution, an environmental watchdog group requested a meeting. This meeting was in response to public concern about the chemical emissions and to petition the Shelby County Health Department for an emergency air pollution order.

Even the EPA understands that the plant’s use of EtO to sterilize medical equipment and materials could lead to cancer and other health risks. While short-term or infrequent exposure to EtO does not appear to pose a health risk, the EPA determined that long-term or lifetime exposure to the colorless and odorless gas could lead to a variety of health problems, including lymphoma and breast cancer. For 30 years, the EPA has regulated EtO emissions; however, in 2016 new scientific information revealed that the chemical is more toxic than previously reported. In April 2023, the EPA proposed limiting the use of EtO after finding a higher than expected cancer risk at facilities that use it for sterilizations.

The EPA claims that it is working with commercial sterilizers to take appropriate steps to reduce emissions. It said that its proposal will reduce EtO by roughly 80% by targeting 86 medical sterilization facilities across the country. The companies will also have to test for the antimicrobial chemical in the air and ensure their pollution controls are working properly. EPA Administrator Michael Regan stated that the “EPA is taking action to ensure communities are informed and engaged in [all] efforts to address ethylene oxide…” The agency further stated that “it is committed to addressing pollution concerns associated with [EtO] ‘in a comprehensive way that ensures facilities can operate safely in communities while also providing sterilized medical supplies.’”

Raul Garcia from Earthjustice argued that “[now] that EPA has new information on precisely where the worst health threats are, the agency must use its full authority to… require fenceline monitoring at these facilities [and] issue a strong new rule.” She also stated that, “No one should get cancer from facilities that are used to sterilize equipment in the treatment of cancer.”

Amanda Garcia, Senior Attorney at the Southern Environmental Law Center, recognized that the Sterilization Services of Tennessee closing the Memphis plant is “a major victory for nearby neighborhoods who have been fighting for cleaner air.” She is “pleased that [the community] may soon be able to breathe easier.”