The Norlite plant in Cohoes has been hit with a "Notice of Violation" of New York state's air pollution control law.
In October 2022, after years of mounting scrutiny, the state Department of Environmental Conservation and state Attorney General Tish James sued the Cohoes plant over air pollution.
DEC Commissioner Basil Seggos said at the time the agency would use every tool at its disposal to bring the company into compliance with the state's laws and regulations.
"Norlite hasn't done anything to control dust to this point. And that's the primary reason we are going to court," said Seggos.
The suit alleges Norlite has "emitted fugitive dust containing air contaminants at concentrations significantly increasing the risk of adverse health effects in the surrounding communities" and that the pollution is "injurious to human life."
Lights Out Norlite Steering Committee member Mark Dunlea says several violations occurred over the spring and summer of 2023 while New Yorkers were experiencing major air quality problems from wildfires that ravaged parts of Canada. Dunlea finds the latest notice disturbing.
"It's particularly stunning to community people, local officials and Lights Out Norlite is that these violations occurred, while Norlite was actually being sued in court by DEC, by the Attorney General, and by Lights Out Norlite, for being a public nuisance on its air emissions," Dunlea said. " And if there ever was a moment that a company you would think would be complying with this permit, is when they're in front of a judge. And if they cannot manage to keep in compliance with this air permit, when they're in the middle of a legal proceeding, it's a real indication that they just cannot run this plant properly. And it finally really needs to be shut down to protect the local public health."
Dunlea says DEC's January 25th notice of violation concerns multiple particulate emissions from March 28, 2023 to January 21, 2024. He contends that "air monitoring" performed by various government agencies often ends with a slap on the wrist.
"They actually often don't monitor, you know, what is coming out of the smokestack and the process. And even when they are found to be in violation, a couple years later, they agree to pay a small fine, you know, just another cost of doing business. And it goes on and on and on," said Dunlea. "Now, if you do remember that several years ago, the voters in New York State passed what's called the Green Constitutional amendment that says in fact that people have a right to clean air and clean water. And when we tried to bring this into the lawsuit, the DEC and AG had filed, DEC tried to oppose it. And one of the things we're going to try to argue with the judge is that this new constitutional requirement means that we're entitled to clean air. It's not that DEC should just, you know, try to reduce the amount of pollution is going into our neighborhoods, but that finally we have a constitutional right to clean air."
Reached for comment, DEC says it "continues to monitor operations and work closely with the Office of the Attorney General on various enforcement and compliance matters regarding the facility."
Cohoes City Council President Adam Biggs says governments at all levels need to do everything possible to stop Norlite from continuing to spew so-called “fugitive dust” that can harm the city and surrounding communities.
"I think it's critically important that all levels of government starting locally, on up, find ways to ensure that all businesses, all industries, follow the rules that are in place for the health and well being of the citizens," Biggs said. "And so Norlite is no exception to that. And I would just encourage, you know, the Cohoes Common Council, and the Albany County legislators really look at this issue of the continuous violations of Norlite. And try to find a solution."
Biggs adds that the Saratoga Sites public housing neighborhood that sits in the shadow of the Norlite plant has been fully vacated.
"The city is, is looking to move forward on purchasing that property. And then seeing what, what can be done with it, once everything's been demolished there," said Biggs.
In response to a request for comment, Norlite said in a statement:
"Norlite has operated in compliance with the emissions control program agreed upon with the NY DEC since February 2023. The Notice of Violation refers to events as far back as almost a year ago, does not assess any penalties, and does not allege violations of the emissions control program. A recent Department of Health report found no health issues stemming from the Norlite facility- an important finding to keep in mind as opponents use fear over fact to meet their political objectives."
