WEBVTT - Air Polluters Can't Ignore Citizen Science Anymore

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<v Speaker 1>If you're exposed to a lot of air pollution, you

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<v Speaker 1>don't need to wait around for the EPA to sample

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<v Speaker 1>your air quality, at least not anymore. Today on the podcast,

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<v Speaker 1>we talk about fence line communities, citizen science, and what

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<v Speaker 1>this all means for polluters. Hello, and welcome back once

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<v Speaker 1>again to Parts Pervilion, the environmental podcast from Bloomberg Law.

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<v Speaker 1>I'm your host, David Schultz. So averages can be a

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<v Speaker 1>really cruel mathematical concept. Think about it. If the average

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<v Speaker 1>temperature of your microwave pizza is perfect, that sounds great,

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<v Speaker 1>but it could also mean that parts of the pizza

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<v Speaker 1>are still frozen and other parts are tongue meltingly hot.

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<v Speaker 1>That's a lesson that I've learned the hard way multiple times.

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<v Speaker 1>Along those same lines, you may live in a state

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<v Speaker 1>that meets the federal air quality standards on average, but

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<v Speaker 1>if you live right next door to a factory that

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<v Speaker 1>spews pollution twenty four seven, you might be getting exposed

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<v Speaker 1>to wag way more toxins than the average person. The

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<v Speaker 1>Federal Clean Air Act is supposed to account for this

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<v Speaker 1>type of disparity, but it's the kind of law that's

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<v Speaker 1>only as good as the data that you feed into it.

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<v Speaker 1>So now, as Bloomberg Laws Jennifer had Jazzy recently reported,

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<v Speaker 1>some people who live adjacent to big sources of pollution

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<v Speaker 1>in places known as fence line communities are taking matters

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<v Speaker 1>into their own hands in using new inexpensive air monitoring

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<v Speaker 1>devices to find out exactly how much pollution they're really

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<v Speaker 1>exposed to. This has the potential to open up a

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<v Speaker 1>Pandora's box of legal liability for the companies that operate

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<v Speaker 1>these industrial sites. And we'll get to that in a bit,

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<v Speaker 1>But first I ask Jennifer to explain to me what

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<v Speaker 1>fence line communities actually are and who lives there. Yeah.

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<v Speaker 1>I mean these could be communities that are in proximity

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<v Speaker 1>to a factory, industrial metal shredder plant. They could be

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<v Speaker 1>on the border of an oil refinery. They could also

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<v Speaker 1>be on the border of a highway. Fence Line communities,

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<v Speaker 1>as a term of art, can mean any type of

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<v Speaker 1>community that is neighboring a major source of pollution. And

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<v Speaker 1>as we know, these communities are largely low income, low

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<v Speaker 1>wealth communities of color. That's interesting. I didn't realize that

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<v Speaker 1>that it's not just communities next to a factory. So

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<v Speaker 1>it could also be a highway, which, yeah, is a

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<v Speaker 1>really big source of pollution, right. So I always thought

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<v Speaker 1>that the Clean Air Act was really really strict in

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<v Speaker 1>terms of like requiring the EPA to monitor these pollution

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<v Speaker 1>levels really closely in these communities. But you spoke with

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<v Speaker 1>some people who said that it's actually not as strict

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<v Speaker 1>as you would think, and not nearly strict enough. Can

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<v Speaker 1>you explain that. Yeah, So the Clean Air Act has

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<v Speaker 1>done marvelous things for our air quality, you know, since

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<v Speaker 1>it was crafted, since it was finalized in the seventies,

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<v Speaker 1>But it really only manages criteria air pollutants and hazardous

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<v Speaker 1>air pollutants up to a certain degree. So it regulates

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<v Speaker 1>pollutants in the ambient air for states. So national ambient

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<v Speaker 1>air quality standards will track criteria air pollutants like particulate

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<v Speaker 1>matter and things like that on a statewide level, or

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<v Speaker 1>hazardous air pollutants on a permit to permit level. But

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<v Speaker 1>in terms of regulating hazardous air pollutants for certain fence

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<v Speaker 1>line communities that are right on the border of these facilities,

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<v Speaker 1>that's where the Clean Air Act kind of stops short.

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<v Speaker 1>So for a lot of these communities that may be

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<v Speaker 1>in a state that is meeting ambient air quality standards

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<v Speaker 1>national air quality standards. A lot of these communities are

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<v Speaker 1>still arguing, well, yes, so our state might be in compliance,

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<v Speaker 1>but we are on the border of a facility that's

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<v Speaker 1>still emitting all of these toxic pollutants into our general

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<v Speaker 1>facinity vicinity. So even though they may be within their

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<v Speaker 1>permit requirements, they're still releasing a lot of stuff that's

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<v Speaker 1>affecting the surrounding community. Well right off the bat, I mean,

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<v Speaker 1>I can just see some really obvious problems with that.

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<v Speaker 1>Like for a state that's really big geographically, let's say

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<v Speaker 1>Montana or something like that, it'd be really easy to

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<v Speaker 1>meet air pollution standards for the entire state. But if

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<v Speaker 1>you're living next to a huge emitter, that's still going

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<v Speaker 1>to be a really big problem. And the according to

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<v Speaker 1>the Clean Air Act, everything's fine. Am I getting that right?

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<v Speaker 1>Or am I mischaracterizing it? Yeah? It's It's more like,

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<v Speaker 1>according to the Clean Air Act, you know, a state

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<v Speaker 1>and or on a facility level, could be meeting their

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<v Speaker 1>permit requirements to their national ambient air quality standards, But

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<v Speaker 1>for these communities right on the borders of you know, facilities, refineries.

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<v Speaker 1>Everything is not fine, even though you know, on a

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<v Speaker 1>surface level, on a legal level, the Clean Air Act

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<v Speaker 1>is doing its job. And when we say everything is

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<v Speaker 1>not fine, let's actually define what we're talking about here.

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<v Speaker 1>I mean, you know, you mentioned particular matter. That's one

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<v Speaker 1>air pollutant, but there are a lot of others. What

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<v Speaker 1>are these pollution What are these air pollutants that we're

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<v Speaker 1>talking about and what can they do to your health

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<v Speaker 1>if you are exposed to too much of them? Yeah,

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<v Speaker 1>there's so Under the Clean Air Act, they're kind of

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<v Speaker 1>pollutants are split into two major categories. There's hazardous air

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<v Speaker 1>pollutants like benzine, things like that, and then criteria air

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<v Speaker 1>pollutants particulate matter, ozone, smock, things like that. Depending on

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<v Speaker 1>the pollutant, it does different things. So communities that are

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<v Speaker 1>living on the fence line of facilities that say are

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<v Speaker 1>emitting you know, particulate matter and benzine, like, we're looking

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<v Speaker 1>at long term health effects and short term health effects

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<v Speaker 1>depending on what the chemical is. So long term health effects,

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<v Speaker 1>we're looking at pulmonary problems, heart disease, things that you

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<v Speaker 1>know folks go to a hospital for and you know,

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<v Speaker 1>on a death certificate it says heart disease. But at

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<v Speaker 1>the end of the day, they've been exposed over a

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<v Speaker 1>long period of time to these chemicals that are regulated,

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<v Speaker 1>but you know, within a certain community are still really concentrated.

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<v Speaker 1>That's a that's a really good point that you don't

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<v Speaker 1>you don't read a lot of obituaries that say so

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<v Speaker 1>and so died of air pollution. Yeah. Absolutely, And you know,

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<v Speaker 1>as we know now, like air pollution kills millions of

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<v Speaker 1>people a year all over the world, and short term

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<v Speaker 1>health effects can range from stomach aches, nausea, headaches, trouble

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<v Speaker 1>with vision, all kinds of all kinds of nasty stuff.

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<v Speaker 1>And you know it's also again you already mentioned this,

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<v Speaker 1>but it bears repeating that the communities that live in

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<v Speaker 1>these fence line areas are typically lower income, often minority

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<v Speaker 1>communities that already have issues with access to healthcare. So

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<v Speaker 1>this just can kind of compound those issues, right, absolutely,

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<v Speaker 1>cumulative effects. So let's get into your story. You know,

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<v Speaker 1>we've talked about on this podcast before a very long

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<v Speaker 1>time ago that air monitoring technology is getting cheaper and

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<v Speaker 1>cheaper and more sophisticated and more sophisticated, and it sounds

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<v Speaker 1>like communities, some of these fence line communities are taking

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<v Speaker 1>this matter into their own hands and are gathering their

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<v Speaker 1>own data. Can you talk a little bit about that. Yeah,

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<v Speaker 1>So I spoke to Juan Floras, who's managing an air

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<v Speaker 1>monitoring network for airlines Houston for example. So that's an

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<v Speaker 1>organization that's run out of Texas, and he is at

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<v Speaker 1>the helm of this program where they're actually installing different

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<v Speaker 1>types of purple air monitors and APIs air monitors all

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<v Speaker 1>over all across five communities and like the Pasadena area

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<v Speaker 1>Galena Park in Texas that are particularly Pasadena right on

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<v Speaker 1>the border of refineries and you know, really polluting facilities.

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<v Speaker 1>And I think he would there was a quote in

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<v Speaker 1>your story where he said that, you know, when he

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<v Speaker 1>was growing up, they called Pasadena stinkad here, right, Yeah,

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<v Speaker 1>And he mentioned that, you know, these facilities that are

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<v Speaker 1>permitted to operate in this area under the Clean Air Act.

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<v Speaker 1>You know, the all of the legal checks are, all

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<v Speaker 1>of the legal boxes are checked. But you know, one

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<v Speaker 1>day there's a flare or a big chemical release and

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<v Speaker 1>the surrounding neighborhood can literally smell the chemicals in the air.

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<v Speaker 1>It's giving them headaches, it's giving their kids nausea. But

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<v Speaker 1>you know, by the time he said that, by the

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<v Speaker 1>time an official comes out sometimes oftentimes days later, there's

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<v Speaker 1>no proof that, you know, a pollution spike occurred. And

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<v Speaker 1>so this is kind of their way, he said, of

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<v Speaker 1>putting the data back into their own hands and not

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<v Speaker 1>only being able to use them for like future legal challenges.

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<v Speaker 1>That's all down the road, but you know, putting it

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<v Speaker 1>into a dashboard where community members can actually see what's

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<v Speaker 1>in their air and for them to be better informed

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<v Speaker 1>themselves about what kind of things they're being exposed to.

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<v Speaker 1>This opens up a whole host of questions. Let's start

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<v Speaker 1>with the legal questions. Can this be admitted into court

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<v Speaker 1>like cold Could the people who live in these areas

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<v Speaker 1>and are gathering these this data with their own error

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<v Speaker 1>pollution monitoring, Could they go to court and either sue

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<v Speaker 1>the companies who own the factories or sue the EPA

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<v Speaker 1>and say the Clean Air Act is being violated here?

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<v Speaker 1>Is that a thing? It could possibly be a thing,

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<v Speaker 1>but not quite the thing you just mentioned. I think

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<v Speaker 1>we haven't well, we first of all have not seen

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<v Speaker 1>this type of case or this type of data being

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<v Speaker 1>used for that kind of thing. Yet one of the

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<v Speaker 1>lawyers I spoke to is just like, this is a

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<v Speaker 1>case by case basis kind of thing depending on how

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<v Speaker 1>people use it. Theoretically, people could sue under nuisance law

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<v Speaker 1>under the Clean Air Act. So this, you know, factories

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<v Speaker 1>or facilities emissions are creating a nuisance in the surrounding area.

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<v Speaker 1>That's infringing on my quality of life kind of thing. Theoretically,

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<v Speaker 1>you could have a community that is using really sophisticated

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<v Speaker 1>monitoring technology on the fence line of these facilities and

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<v Speaker 1>could compare that data that they were measuring ambiently in

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<v Speaker 1>their own community with federal ambient air data, which is

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<v Speaker 1>required under the Clean Air Act, like we discussed, and

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<v Speaker 1>you know, if a facility was trying to come into

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<v Speaker 1>the a new facility was trying to come into the

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<v Speaker 1>area and be like, we'd like a permit here, Theoretically

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<v Speaker 1>they could bring that data to the EPA and say, well,

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<v Speaker 1>you know, we're already faced with a lot of cumulative

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<v Speaker 1>pollution impacts already. Here's the data we have compared, you know,

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<v Speaker 1>our ambient data compared with federal ambient data. Yeah, I

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<v Speaker 1>mean I think that it just seems like it's a

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<v Speaker 1>whole new world now that getting air monitoring data doesn't

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<v Speaker 1>require like numerous PhDs. It's you can almost even like

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<v Speaker 1>buy off the shelf technology and just sort of profit

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<v Speaker 1>where you want it to be and get some pretty

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<v Speaker 1>good quality data. That's what it sounds like, right in

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<v Speaker 1>some cases. Yeah, but you know that's that is also

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<v Speaker 1>the problem of it. Like you can, like people are

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<v Speaker 1>more and more exposed to what they are exposed to.

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<v Speaker 1>But quality control, I think in terms of the legal

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<v Speaker 1>check challenges to bringing this kind of data, you're looking

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<v Speaker 1>at quality control challenges. A lot of lawyers that I

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<v Speaker 1>spoke to mentioned, you know, how do you parse out

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<v Speaker 1>attribution of these emissions in like the soup of ambient air.

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<v Speaker 1>You've got a facility in between like a freeway and

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<v Speaker 1>a refinery, and they're measuring ambient air in the community,

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<v Speaker 1>and it's just all of the pollutants from both sources.

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<v Speaker 1>How do you use that data against like a single

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<v Speaker 1>source when a lot of sources are contributing to a

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<v Speaker 1>pollution in an area. So there are a lot of

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<v Speaker 1>challenges and that will need to be worked out, I

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<v Speaker 1>think in court for this kind of thing. That's a

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<v Speaker 1>really good point that I hadn't thought about that a

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<v Speaker 1>lot of times. We're not just talking about a fence

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<v Speaker 1>line community. We're talking about a fences line community because

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<v Speaker 1>there are multiple sources of pollution that are affecting this

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<v Speaker 1>one community. So yeah, that can be really really hard

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<v Speaker 1>to say this is the cause of the pollution. Tell

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<v Speaker 1>me about the reaction to this from the indust from

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<v Speaker 1>from industry. I guess you know, I think you quoted

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<v Speaker 1>one person is saying that, you know, this is just

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<v Speaker 1>going to be a new normal. Like we have this,

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<v Speaker 1>people are going to be able to get this data.

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<v Speaker 1>We can't stop them. We're just going to have to

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<v Speaker 1>sort of address it and live with it. That the

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<v Speaker 1>idea that we can dismiss this data out of hand

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<v Speaker 1>is ridiculous. Yeah, it's well, you know, EPA, for its part,

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<v Speaker 1>is has mentioned community air monitoring as a an initiative

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<v Speaker 1>that can be pursued as part of its environmental justice goals.

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<v Speaker 1>So they just released I think like twenty million dollars

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<v Speaker 1>in grant funding this week for community air monitoring projects

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<v Speaker 1>for instance. I can't speak for industry, but you know,

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<v Speaker 1>the lawyers that I spoke to said, you know, this

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<v Speaker 1>is kind of an inevitable problem people are already. One

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<v Speaker 1>lawyer mentioned that he's had folks bring in like wristband

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<v Speaker 1>monitor data that actually like cold data from their personal

0:13:00.960 --> 0:13:03.760
<v Speaker 1>ambient air and brought that into litigation things like that.

0:13:05.040 --> 0:13:07.040
<v Speaker 1>But you know, and yet another source I spoke to

0:13:07.200 --> 0:13:11.319
<v Speaker 1>is like it kind of behooves industry to just start

0:13:11.400 --> 0:13:14.720
<v Speaker 1>doing this work themselves, not only because it's an inevitability,

0:13:14.840 --> 0:13:16.920
<v Speaker 1>because it's just something that a lot of people are

0:13:16.920 --> 0:13:20.240
<v Speaker 1>doing now you can get purple air monitor sensors on Amazon,

0:13:21.240 --> 0:13:24.360
<v Speaker 1>but it's also just you know, being good stewards of

0:13:24.400 --> 0:13:27.520
<v Speaker 1>the area that you're in by you know, having a

0:13:27.559 --> 0:13:31.120
<v Speaker 1>firm handle on your emission's profile and not contributing to

0:13:31.160 --> 0:13:35.280
<v Speaker 1>these cumulative effects that are you know, devastating communities that

0:13:35.320 --> 0:13:37.560
<v Speaker 1>are again in areas that maybe under Clean Air Act

0:13:37.640 --> 0:13:42.080
<v Speaker 1>compliance but are really suffering like from source specific pollution

0:13:42.120 --> 0:13:44.800
<v Speaker 1>that's just not going anywhere. And then finally, one last

0:13:44.800 --> 0:13:47.520
<v Speaker 1>thing I wanted to ask you about is the Biden administration.

0:13:47.960 --> 0:13:50.559
<v Speaker 1>You just mentioned that the EPA has released some grant

0:13:50.559 --> 0:13:54.480
<v Speaker 1>money for to help sort of citizen scientists do this

0:13:54.559 --> 0:13:58.199
<v Speaker 1>kind of thing. Does that indicate that the Biden administration

0:13:58.400 --> 0:14:00.600
<v Speaker 1>is in favor of this, that they want more data

0:14:00.600 --> 0:14:03.679
<v Speaker 1>out there, they want more local monitoring. Because I could

0:14:03.679 --> 0:14:06.800
<v Speaker 1>also see that the EPA would not be thrilled with

0:14:06.800 --> 0:14:10.200
<v Speaker 1>this because they do not they no longer have the

0:14:10.280 --> 0:14:15.199
<v Speaker 1>monopoly on data about air quality. What is the EPA

0:14:15.240 --> 0:14:18.520
<v Speaker 1>and the Biden administration's stance on all of this data.

0:14:18.800 --> 0:14:21.240
<v Speaker 1>I am not going to speak for EPA and the

0:14:21.240 --> 0:14:27.160
<v Speaker 1>Biden administration on their stance, but I think in supporting

0:14:27.320 --> 0:14:31.120
<v Speaker 1>this kind of work, it's it's not any kind of

0:14:31.160 --> 0:14:33.240
<v Speaker 1>violation of the Clean Air Act because again, the Clean

0:14:33.240 --> 0:14:35.960
<v Speaker 1>Air Act doesn't cover this kind of like source by

0:14:36.000 --> 0:14:40.280
<v Speaker 1>source specific monitoring. It's not that they're, you know, relegating

0:14:40.280 --> 0:14:42.840
<v Speaker 1>their legal duties under the Clean Air Act to someone

0:14:42.920 --> 0:14:48.120
<v Speaker 1>else kind of thing. So, in terms of good ways

0:14:48.240 --> 0:14:54.000
<v Speaker 1>to enforce environmental justice priorities, community air monitoring, particularly with

0:14:54.040 --> 0:14:56.880
<v Speaker 1>an emphasis on letting people know what is in their air,

0:14:57.080 --> 0:15:01.080
<v Speaker 1>like giving citizens like more an idea of what they're

0:15:01.120 --> 0:15:03.640
<v Speaker 1>exposed to on a day to day basis, makes total sense.

0:15:04.200 --> 0:15:09.720
<v Speaker 1>So I think, yeah, initiatives like the community air monitoring funding,

0:15:09.800 --> 0:15:12.000
<v Speaker 1>and I think part of some of that funding is

0:15:12.000 --> 0:15:15.640
<v Speaker 1>also going to go to like local air agencies doing

0:15:15.640 --> 0:15:19.160
<v Speaker 1>that kind of work and you know, cooperating with tribes

0:15:19.560 --> 0:15:22.200
<v Speaker 1>and communities and organizations to do that kind of stuff.

0:15:22.240 --> 0:15:24.200
<v Speaker 1>So that makes sense. I guess it's, you know, from

0:15:24.200 --> 0:15:26.280
<v Speaker 1>the EPA's perspective, it's like, we don't need to be

0:15:26.320 --> 0:15:29.120
<v Speaker 1>the only ones who can monitor air quality. In fact,

0:15:29.240 --> 0:15:31.800
<v Speaker 1>it actually takes a lot of the burden off of

0:15:31.880 --> 0:15:35.040
<v Speaker 1>us if we can have you know, everyone monitoring their quality,

0:15:35.080 --> 0:15:37.640
<v Speaker 1>even on their with wrist watches you know that monitor

0:15:37.680 --> 0:15:41.720
<v Speaker 1>air quality. So it's I guess EPA is is you know,

0:15:41.760 --> 0:15:43.760
<v Speaker 1>maybe their perspective is the more the better, the more

0:15:43.800 --> 0:15:45.960
<v Speaker 1>people know the better. Certainly I think everyone can agree

0:15:45.960 --> 0:15:50.480
<v Speaker 1>on that. All right, Well, that was Jennifer Hejazi speaking

0:15:50.520 --> 0:15:55.760
<v Speaker 1>with us here at Bloomberg Law World headquarters. Thank you

0:15:55.880 --> 0:15:57.880
<v Speaker 1>Jennifer talking too. It's a really pretty sure Thanks David.

0:15:59.400 --> 0:16:01.800
<v Speaker 1>And that's if today's episode of Parts Pervilion. If you

0:16:01.840 --> 0:16:04.200
<v Speaker 1>want more environmental news, check us out on Twitter. We

0:16:04.320 --> 0:16:06.640
<v Speaker 1>use a pretty easy to remember handle. It's just at

0:16:06.800 --> 0:16:10.640
<v Speaker 1>environment Just that I am at David B. Schultz. That's

0:16:10.800 --> 0:16:15.120
<v Speaker 1>b as in burning your tongue on pizza. Today's episode

0:16:15.160 --> 0:16:17.840
<v Speaker 1>of Parts Pervilion was produced by myself, David Schultz. Parts

0:16:17.880 --> 0:16:20.320
<v Speaker 1>Pervilion was created by Jessica Coombs and Rachel Dagle and

0:16:20.400 --> 0:16:23.160
<v Speaker 1>is edited by Rebecca Baker and Sean McCutcheon, and our

0:16:23.200 --> 0:16:28.320
<v Speaker 1>executive producer is Josh Block. Thanks everyone for listening. You

0:16:28.360 --> 0:16:30.440
<v Speaker 1>don't need to be a judge to be interested in

0:16:30.480 --> 0:16:34.080
<v Speaker 1>our nation's laws and legal institutions, just like you don't

0:16:34.120 --> 0:16:36.120
<v Speaker 1>need to have a law degree to be curious about

0:16:36.120 --> 0:16:39.240
<v Speaker 1>the inner workings of courts, law firms, and law schools.

0:16:39.640 --> 0:16:42.480
<v Speaker 1>That's where we come in. My name's Adam Allington and

0:16:42.560 --> 0:16:45.280
<v Speaker 1>I'm the host of Uncommon Law, a podcast from the

0:16:45.280 --> 0:16:49.920
<v Speaker 1>Bloomberg industry group. Uncommon Law is where public policy, storytelling,

0:16:50.040 --> 0:16:54.040
<v Speaker 1>and the law are combined. We explore big topics ranging

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<v Speaker 1>from tech policy to free speech, to race and gender diversity.

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<v Speaker 1>So please give us a listen. You can subscribe and

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<v Speaker 1>your podcasts. Thanks so much.