HYwet12-95-1

[Originally published in the OTHER paper, Eugene, Oregon in December, 1995.]

Halting Hyundai
CPA challenges DEQ decision on Hyundai: DEQ denies problem

by Wanda Ballentine

In mid-November, attorney Daniel Stotter filed a Petition for Reconsideration and a Request to Stay of the Department of Environmental Quality (DEQ) certification of the proposed Hyundai Electronics America (HEA) plant under section 401 of the Clean Water Act on behalf of Citizens for Public Accountability (CPA), a grassroots activist group. On November 28th, DEQ denied the petition, saying it "failed to show a valid claim of error."

The petition charged the certification fails to comply with Clean Water Act and Oregon state water quality standards, that its requirements lack precise definitions, and that it promotes a highly flawed wetlands mitigation plan.

Toxics: Petitioners assert there are at least five ways toxics released by HEA may harm aquatic and wetlands species, and the DEQ addressed none of them:

Aquatic or wetlands species sensitive to toxic chemicals are not identified.

A list of chemicals HEA will use and release that can harm species was not required.

No provisions are made to protect species from the increasing number of "exotic" chemicals, for which toxicological information is unavailable, that Hyundai may choose to use at any time.

Neither the cumulative effect of the various acids HEA will release is considered, nor their effect on wetlands species.

Potential effects of adding more chemicals to Amazon Creek, already polluted with high levels of the most toxic form of dioxin, are not addressed.

"Best Available Technologies" to eliminate or significantly reduce toxic use are not required.

Water temperature: Aquatic and wetlands species, the federally endangered Oregon chub in particular, require stable water temperature. Measurably increasing water temperature violates the law, and construction activities raise temperatures in various ways, i. e., removal of vegetation. DEQ has not specified the temperature to be maintained, procedures to monitor temperature, remedies or consequences.

_pH (acid) factor: Aquatic life need specific pH conditions to survive. HEA's airborne acids emissions may not only disrupt the delicate acid/alkalinity balance needed, but leach nutrients from the soil, activate lead, and disrupt essential soil microbial life. DEQ does not require measurements of current acidity and simply claims pH will not be affected.

Aesthetics: Public concerns that noise, lighting, and constant industrial activities pose an aesthetic loss of tranquility, recreational opportunities (i.e., bird watching, hiking), etc. were not addressed. Round-the-clock operation and plant security needs may mean 24-hour site lighting that would significantly and adversely affect moth pollinators, plant flowering, turtle egg-laying, and elk and deer movement.

Air quality: DEQ's air-to-water hazard report relies on wind data from the Eugene airport, though wind direction and speed there have little relevance to the site. HEA will be emitting large volumes of hazardous chemicals near Willow Creek and Churchill Schools and has had adequate time to collect the necessary site-specific data.

Wildlife corridor: The only condition placed on HEA regarding wildlife is to build a "wildlife corridor" allowing wildlife continued access to the Willow Creek Natural Area with controls to channel animals away from roads. The DEQ does not specify width, location of the corridor, or which wildlife it expects to use it. No wildlife agency is named to review the plan, nor is a method of measuring its success provided. The DEQ does not consider these charges to be valid concerns. CPA has 60 days in which to bring suit on the issue.

Hyundai Files