Summary
This letter was written by Lilian S. Dorka, the executive director of the United States Environmental Protection Agency’s (EPA) External Civil Rights Compliance Office (ECRO) to William G. Ross Jr., the Acting Secretary of the North Carolina Department of Environmental Quality (NC DEQ). It details a complaint against NC DEQ by community groups on behalf of North Carolina residents, and the ECRO’s investigation.
The initial complaint stems from a 2014 renewal of a Swine Waste General Permit made by NC DEQ, which the Complainants allege was a discriminatory act by the NC DEQ against the majority African American, Latino, and Native American residents surrounding the industrial swine operations covered by the permit. The complaint alleges that the permit was granted without sufficient measures in place to handle the animal waste produced from these facilities and this impacts the residents in a discriminatory manner. ECRO interviewed over 60 residents living in North Carolina neighborhoods that were in close proximity to industrial swine operations. They reported adverse impacts such as severely restricted outdoor activity due to the stench, loss of community from residents moving away, and an increase in respiratory illnesses among other things. The letter also cites research studies that describe the detrimental effects of living in close proximity to industrial swine operations, which were similar to those reported by the interviewed residents.
Additionally, the letter outlines another complaint that was filed and being investigated by the ECRO alleging that NC DEQ violated the EPA’s regulations prohibiting retaliation and intimidation of the Complainants. Specifically, the NC DEQ allowed, and allegedly encouraged, the National Pork Producers Council and the North Carolina Pork Council to be present, against the wishes of the Complainants, during a confidential Alternative Dispute Resolution process funded by the EPA. The complaint also documents intimidation by swine facility operators such as threatening, following, and photographing residents who complained about the facilities.
ECRO provides recommendations for the NC DEQ that include, among other things, evaluating its non-discrimination program and how it handles complaints from residents, as well as assessing the Swine Waste General Permit, and current regulations for facilities operating under that permit, in order to reduce the amount of adverse impacts to residents living near theses facilities.