SYLVA–Expansion of operations at a century-old plant in downtown Sylva continues, but so does a lawsuit concerning that expansion.
And given that Jackson Paper’s newly re-issued air quality permit shows that the plant feeds a good bit more than wood chips into its boilers, the Canary Coalition, a western North Carolina-based clean air advocacy group, is unlikely to let the issue go quietly into the night.
“Even without burning coal or [tire-derived fuel], the list of toxic chemicals, including those listed by the Division of Air Quality as carcinogens, coming from the smokestack right now is considerable,” says Coalition Executive Director Avram Friedman. “I was very surprised to see the hydrogen chloride content. This forms hydrochloric acid in the atmosphere. The [Division of Air Quality] informed me that the expansion may cause Jackson Paper to pass the threshold (10 tons annually of any single hazardous pollutant or a total of 25 tons combined hazardous pollutants) that defines the plant as a “major” source of emissions of hazardous air pollutants.”
The Coalition, along with four Sylva residents, filed suit against the town of Sylva in early summer, alleging that the town gave inadequate public notice of hearings before passing a zoning ordinance amendment that directly impacts Jackson Paper Manufacturing Co.
The town’s attorney petitioned for dismissal on August 31, arguing that the town gave proper notice and that the plaintiffs have no standing to sue. Superior court judge Dennis Winner has yet to rule.
The backstory is this: Jackson Paper is an unlikely target for environmental activism. The company produces 100% recycled corrugated medium for the manufacture of cardboard containers, and is the state’s largest recycler. The company’s boilers are fired primarily by wood chips – a fact the company has trumpeted – and its closed-loop system eliminates the liquid effluent that is a problem with so many paper plants.
But the company’s past air quality permits have allowed it to burn any number of things, including coal, to power its boilers. Company officials privately defend these broad permits, saying that while wood is their main fuel source and is unlikely to change, it would be unwise business to limit their responses to future contingencies.
This is the crux of the issue. What the paper company sees as wise business planning, the Canary Coaliton sees as irresponsible stewardship. The Coalition believes that the company should voluntarily limit fuel sources, and that the town owes it to its citizens to force it to do so if possible.
This is the crux of the issue. What the paper company sees as wise business planning, the Canary Coaliton sees as irresponsible stewardship. The Coalition believes that the company should voluntarily limit fuel sources, and that the town owes it to its citizens to force it to do so if possible.
Earlier this year, when Jackson Paper and several government agencies announced an expansion that would bring over 60 jobs to Sylva, one incidental necessity was a town zoning ordinance change to allow a taller structure.
The Canary Coalition suggests that that need for a zoning change might have been the town’s only opportunity to tighten restrictions on what the company burns in its boilers.
The town was low-key about the zoning change – indeed it probably thought the change was no big deal. It first asked its planning board to consider the matter, and then, when it decided to proceed with the change, gave timely notice of eventual public hearings. But it didn’t mention Jackson Paper in those notices.
By the time anyone who was interested caught on, the public hearings had gone by and the zoning change had passed.
The town maintained that because it wasn’t issuing a variance, but rather changing the ordinance altogether, that it wasn’t necessary to mention Jackson Paper by name.
The Canary Coalition said it was clear who the change was for – Jackson Paper is just about the only industrial game in town – and said it possessed internal town memos that pre-date the amendment and mention the paper company by name.
The Coalition asked the town board to rescind its zoning change and reopen public hearings.
In response, the town asked the paper company to take part in a voluntary public forum to answer questions, but declined to rescind its decision. The coalition sued.
Jackson Paper, for its part, avoided the forum and hired an Asheville PR firm to smooth its path with local newspapers, and to initiate an ad campaign through the same papers.
And when its renewed air quality permit arrived — good through 2014 — the document showed that the company will burn up to 40% non wood chip material in its boilers.
Jackson Paper’s defense will be that what comes out of its smokestacks, at the end of the day, meets state air quality standards.
Friedman acknowledges this, but adds: “… more than 30,000 people in the US die prematurely each year from coal that is burned completely legally and within the guidelines of federal and state regulations.”
“Jackson Paper is at a point where they have to decide whether they are going to be true stewards of the environment or simply attempt to maintain that image through an expensive public relations campaign. 60 jobs may sound good to alot of people right now. But, if our children, our elderly and well, all of us, are subjected to continued exposure to toxic air pollutants, the cost in health to the community will far out-weigh the short term economic benefit of those jobs.”
