Albany Times Union

State taking Norlite to court

DEC says Cohoes plant didn’t stop dust emissions

- By Rick Karlin

The state Department of Environmen­tal Conservati­on is turning to the courts for a solution in its enforcemen­t battle with the Norlite aggregate facility after it says the company failed to immediatel­y stop dust emissions during the past few months.

“Because Norlite’s management has failed to agree to DEC’S enforcemen­t terms, DEC has referred this matter to the Office of the Attorney General to pursue the matter in court on behalf of the State of New York,” state DEC Commission­er Basil Seggos said in a prepared statement on Wednesday.

As the state’s lawyer, the attorney general’s office can pursue Norlite in civil court, rather than through purely administra­tive means.

Seggos’ announceme­nt came just hours before DEC and the city of Co

hoes were to have a webbased town hall meeting on the latest developmen­ts at Norlite. They have had several such meetings during the past few months.

And it comes two weeks after DEC initiated enforcemen­t proceeding­s, which could include fines, against Norlite for what it says were emission violations.

In early February the plant, which makes aggregate for road building and constructi­on and which operates a powerful kiln, allowed “fugitive dust” to waft over the neighborin­g Saratoga Sites public housing complex, according to DEC’S citation.

Norlite came under a microscope over the past year after revelation­s that it had burned 2.5 million pounds of potentiall­y toxic firefighti­ng foam in its kiln in 2018 and 2019.

The incinerati­on of that aqueous film-forming foam has since stopped and been banned. But it also has renewed longstandi­ng complaints about quartz silica dust, which can be harmful to the lungs, coming from the facility.

After the February dust incidents, the DEC in March issued two violation notices. They cited a partially frozen water sprinkler (designed to suppress dust) as well as improper handling of “baghouse dust,” or dust supposed to be captured in giant silo-like devices, as some of the main problems.

Norlite in a prepared statement disputed the need to get the attorney general’s office involved.

“Norlite already is investing the necessary resources to improve our dust suppressio­n performanc­e, just as we have invested heavily in recent years to improve our overall environmen­tal performanc­e. The Department of Environmen­tal Conservati­on knows this, and its decision to pursue legal action sets up an unnecessar­y and unproducti­ve fight easily avoided,” said Prince Knight, the company’s environmen­tal and regulatory compliance manager.

“We have made very clear to DEC leaders that we share the goal of protecting the environmen­t and our community, and we are very willing to cooperate.”

 ?? Rick Karlin / Times Union archive ?? The state DEC initiated enforcemen­t proceeding­s last month against Norlite for what it says were emission violations.
Rick Karlin / Times Union archive The state DEC initiated enforcemen­t proceeding­s last month against Norlite for what it says were emission violations.
 ?? Rick Karlin / Times Union archive ?? Norlite in Cohoes makes aggregate for road-building and constructi­on and operates a powerful kiln at its facility.
Rick Karlin / Times Union archive Norlite in Cohoes makes aggregate for road-building and constructi­on and operates a powerful kiln at its facility.

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