Activists decry use of private
negotiations in public process
By Charles Douglas
HUMBOLDT SENTINEL
EUREKA - A pair of hearings were held by regional and state
air quality management authorities on Dec. 5 and Dec. 14,
respectively, that presented members of the public with little
more than a chance to orate as negotiations continue between
regulators and the legal team from Evergreen Pulp, Inc., which
operates the Samoa-based pulp mill at the heart of recent
controversies over pollution.
|  As
Kirk Oliver opened a quasi-judicial hearing on behalf
of the state Air Resources Board on Tuesday in Supervisors
Chambers, a statement had already been released which
showed a closed-door settlement had been reached between
regional and state regulators and Evergreen regarding
the interim variance from pollution control levels that
the pulp mill was alleged to have violated earlier this
year. The agreement effectively rolls back the odometer
on the variance from a Feb. 26, 2006 expiration date
back in time to Oct. 20, muting the complaint by the
North Coast Unified Air Quality Management District. |
This didn’t sit well with members of the Citizen’s
Pulp Mill Committee, who felt excluded from the real process
at work.
“Much of this process is taking place out of public
view and the public has no decision-making ability in this
process and I think that’s disgraceful,” Patrick
Eytchson said.
Clark District resident Xandra Manns said she had been suffering
from respiratory ailments since the pulp mill resumed operation.
“My reason in moving here is I thought it would be
a nice place to live…I am trapped in my house,”
she said. “This is an area of Eureka people don’t
care about.”
Manns’ nearby neighbor, Ann White, also complained
of living with a “cabbage smell” in her home and
said she expected more detailed information from regulators.
“I want testing done right now,” she said.
 The
Koslo family agreed, with Mark complaining of the ailments
his wife Bonnie has suffered at her workplace in downtown
Eureka.
“Some days it’s so thick it’s like a fog…it’s
quite horrendous to me that this community allows it to go
on,” he said.
Despite these and other testimonials, as well as the swelling
numbers surpassing 2,000 which have signed a petition criticizing
the allegedly toxic discharges, the large turnout of employees
and vendors for Evergreen Pulp thought differently, including
Renner Petroleum employee Rex Bohn, who claimed both sides
wanted to get to the same “pinnacle of success”
regarding clean air and employment, but had different ways
of getting there.
“[Evergreen has] done everything they’ve said
they are going to do to this point,” he said.
Ken McCutcheon said he lives in west Eureka and suffers no
health problems related to the pulp mill.
“Since January 2005, Evergreen has spent over $4 million
in upgrades,” he said. “Evergreen has proven its
intent to comply with regulations.”
Similar hearing, different board
 The
mix of activists and Evergreen employees was much the same
at a packed Eureka City Hall on Dec. 5 as Air Pollution Control
Officer Lawrence Odle announced the issuance of a joint stipulation
to change the Hearing Board’s order regarding the allowable
levels of pollution under a series of variances. Negotiations
continue behind closed doors as Evergreen looks to head off
further action by regional authorities as another interim
variance will expire on Feb. 3.
“We have tried an attempted settlement, although we
believe the law is on our side,” District Counsel Nancy
Diamond said.
 Talk
of a settlement which would let Evergreen off without penalties
for the alleged violations of allowable pollution levels did
not sit well with Eureka resident Carol Binder, who called
the pulp mill’s publicity campaign an “insult”
and said the testimony of citizens should be considered before
that of people paid to attend hearings.
“I see Evergreen pulp mill as a company with two faces…people
in Eureka and communities downwind are assaulted,” she
said. “Steam is not black and that is not perfume we
smell.”
Evergreen employee and chair of the pulp mill’s safety
committee, Dave Jones, said although he has worked for various
owners over the last 20 years, he was not paid to attend.
“This is about people, this is about job, communities,
kids,” he said. “[Evergreen owners] are here for
the long term and we need those jobs.”
After the sometimes impassioned comments from over two dozen
community members, Odle testified to a pattern of violations
by Evergreen of even the relaxed pollution rules granted under
the variance, and advised officials to continue to aggressively
enforce regulations in the face of one violation every four
days on average.
“The District has received similar promises of compliance
from every owner of the pulp mill,” he said. “It
is unfortunate Mr. [David] Tsang is not here today.”
The absence of Evergreen’s Chief Executive Officer
didn’t stop the Hearing Board from continuing the matter
to next year, which effectively allows the pulp mill to continue
to emit the higher pollution levels allowed by the variance,
although Evergreen representative David Cook said two separate
source tests they conducted this fall vindicated their use
of the process.
“The source tests have shown that the modifications
succeeded,” he said.
Discussion among Hearing Board members centered less on the
merits of the variance or the conduct of negotiations than
it did on Glenn Siegfried’s request for a gross limit
on total public comment time, with Roger Smith suggesting
audience members submit their comments in writing instead
of using up time at the mic.
 Board
Chair John Corbett ruled out this move, despite the marathon
meetings held over the last several months with many of the
same speakers from both sides.
“We might need to know what’s out there with
the public…we just have to bite the bullet, the public
has the right to speak,” he said.
The regional Hearing Board will meet next at 9:30 a.m. on
Jan. 20 at Eureka City Hall.
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