Maps of Brewer Park, Southeastern High School and area around Stellantis’ Mack Avenue facility.
Locations of supplemental environmental projects proposed by Stellantis.

Michigan EGLE Virtual Information Session and Public Hearing for Stellantis FCA US LLC Proposed Consent Order SRN N2155, October 2022 

Dan Ignacio

Detroit residents near the Stellantis manufacturing facility on Mack Avenue demanded state regulators to take more concrete action to address the automaker’s air quality violations. It received its sixth violation last month from the Michigan Department of Environment, Great Lakes, and Energy (EGLE).

“This is environmental racism against Black people, pure and simple.”

— Rhonda, resident near the Stellantis facility.

EGLE’s director for this enforcement action, Erin Moran, presented the department’s proposed consent order for Stellantis. The order would mandate the company to build a second regenerative thermal oxidizer (RTO) at its Mack Avenue facility and pay a $274,863 settlement. 

In addition, Stellantis voluntarily agreed to undertake two supplementary projects: plant 80 trees at Brewer Park and install a building management system at Southeastern High School. 

Do something radical and fix it. This is an environmental justice community. You need to do better. 

— Eden Bloom, resident near the Stellantis facility and organizer for Detroit People’s Platform, addressing EGLE.

EGLE staff answered questions from the public. Stellantis will still be able to operate the Mack Avenue facility’s paint shop before the consent order is issued, said public engagement director Jenifer Dixon. 

Inspector Bob Byrnes estimated that Stellantis would finish construction on the facility’s second RTO next summer. This RTO cannot be built without the consent order, according to Dixon. 

Stellantis developed plans for its supplementary projects after engaging with Detroit Parks & Recreation, Detroit Public Schools Community District, Great Lakes Environmental Law Center and The Greening of Detroit, said Moran. If changes are made to the project plans, the consent order would be delayed to gather public input. 

Dixon said EGLE is not allowed to shut down a company despite multiple violations. 

EGLE is not doing the residents a favor at this time because EGLE is very generous to Stellantis. 

— Binh, resident near the Stellantis facility.

Residents and advocates slammed EGLE and the proposed consent order during the public hearing.

Many argued EGLE is too lenient on Stellantis and that the order would not be enough to hold the company accountable or improve air quality near the Mack Avenue facility. Others said the enforcement timeline would not be timely or concrete enough.

Some commenters pointed out that Stellantis was able to reduce emissions at its facility in Warren. More commenters were unhappy that the company continues to benefit from a property tax abatement for its Mack Avenue facility despite multiple air quality violations. Residents also questioned the efficacy of company’s public engagement. 

A few wanted home repairs to be funded for impacted residents, including air filters and new windows. 

The people on Beniteau deserve to be treated better than this by EGLE and Stellantis … It’s amazing to me how quick you guys are to tell us what’s not possible. 

— Robert Shobe, resident near the Stellantis facility and member of Justice for Beniteau Residents, addressing EGLE.

Fiat Chrysler Neighborhood Advisory Councilmember Michelle Jackson and U.S. Rep. Rashida Tlaib likewise criticized EGLE. In a statement read by her staffmember, State Sen. Stephanie Chang, said EGLE should quickly finalize the consent order. 

Table of Contents

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This machine-generated transcript was contributed by an anonymous reader. Please note that it is highly inaccurate. 

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recording in progress. All right,

well, good evening, everyone. Sorry for taking a couple extra minutes there. Just wanted to make sure folks could have time to get in a virtual room with us before we actually started with the presentation and conversation tonight. So my name is Jennifer Dixon and I work in Eagles environmental Support Division, and tonight we're going to be talking about a draft enforcement action against FCA us LLC otherwise known as to Lantus. So, we'll try to stick with elantas tonight, but you might hear us saying FCA a couple of times as well. So I was actually having a little bit of computer difficulties tonight. So I'm going to have Aaron advancing the slides for me. So Aaron, if you don't mind going to the next one, that would be appreciated. All right. So just a few little logistics things before we get started with the details. Your lines are going to be muted during the meeting. So what how that's going to work is when we get to the part of the evening where we're doing question and answer, or subsequently when we get to the comment period, we will just be unmuting your lines for you when you raise your hand or you somehow otherwise indicate you would like to ask a question or make a comment and I'll go over how you do that in just a couple minutes. Also, we will be recording this meeting so if you have to skip off early, or you know someone who's missing the actual meeting tonight in is interested, we will be sharing that link it's on our YouTube channel and we do get those transcribed so if you know someone who has English as a second language, they can view those at least in writing and their native language for the most part. So it's kind of wanted to put that out there. So next slide, Aaron. All right. So I was want to go over how things are going to run because we are going to have two portions of the evening and one is going to be more of a back and forth with like a q&a section. And then we're going to do to the comment period at the end. So the first part of the night, we're going to give a little bit of a presentation, and I'll go over what that's going to be about in a couple minutes. And then once we get past that, we'll open it up for question and answer, there's a couple of ways that you can ask questions, either verbally or typed. And then once we get past the question to answer part, so it's going to be at seven o'clock, or whenever you guys are done at asking questions, whichever comes first. So we try to stick to that seven o'clock kind of start time for the actual hearing. So during the hearing portion of just as a reminder, and you'll hear me say this another time again tonight, as well, the hearing portion is for you to give us comments on the record. So during that time, the decision maker will be listening in, I'll be listening in, we'll be taking down, you know, notes and obviously recording your comments, but we won't be responding to any questions that you might pose during that time. So next slide, Aaron. All right. So getting to how to ask a question, and I will go over this again, later to just remind you, so you can use the question and answer box at the bottom of your squeeze screen, not the chat box. So use the q&a box. And you can type your questions. And there's some times people like to do that as we're going along. A question comes to mind and you know, maybe we get to it, maybe we don't but you know, hearing something twice is better than not hearing it at all. So I'd love to get the questions in as we're going. Otherwise, it'll be sort of at the end of Aaron its presentation, you can also click the raise hand icon at the bottom of your screen. So that's going to virtually raise your hand for me so that I can see that you want to ask a question when we get to the question and answer part. Or if you want to make a comment at the end. If we do have folks calling in, I'm just going to check that really quickly. Doesn't look like we do right now. But I'll remind folks later if we have people calling in on the telephone, they will just press pound to to raise their hands. So we'll be able to see them raising their hand as well. Next slide, please, Aaron. Okay, so

I'm gonna really quickly introduce you to the Air Quality Division staff and the other support staff that we have on tonight. And then I'm going to have our division director Marian dole Hannity, kind of open up the evening with some opening remarks that are probably more interesting than what I'm saying right now. So first thing is if everybody could turn their cameras on just for a minute here, and then Aaron, if you want to just leave yours on Amerian, too. So we're going to mostly be hearing from Erin Moran, she is the enforcement person for this case. And she's going to be talking to you guys about the proposed enforcement action a little bit about the process, you know, how did we get here? That's important too, to understand. Bob Burns is the inspector for this facility. So he'll be online to answer questions as well. And like I said, Mary, and Joel handy is our decision makers, so she'll be listening in for the night, but not necessarily participating in the question and answer her role is to make a decision on the proposed action at the end of the comment period. And then I also have Jim Ostrowski on with me, and he is going to be just helping me with some background, Zoom kind of things. So if you want to Hi, Jim. Yep, he is actually there. So there you guys go. can meet him for a second. So Marianne, before we kind of go through this agenda, I know you had some opening remarks that you wanted to give. So if you want to just unmute yourself that you can do that anytime.

Sure. Thanks, Jen. So as Jen said, I am Marian Dillahunty. I'm the director for the Air Quality Division. So I do really appreciate you all being here this evening to talk through this pending enforcement action. You know, from an air quality perspective, we are aware there's a lot going on with this facility with still Lantus, including the enforcement actions we're going to talk about tonight, and many other things outside the enforcement action. You know, we're aware of the continued concerns about this company's compliance with the air rules, how those how this enforcement action is going to help. We know about the and I think we've talked before, but about the status of the health consult with the state health agency DHHS. That's one of the other items that's been going on or is active. There's been additional sampling that's been done around the Mac facility. I know you're anxious to hear some about that, why it was delayed, what happened? What are the results? There things like the non compliance at some of this the Lantis other facilities like Warren Trump, so all of these are connected in some way. And they're very important conversations and you know, just letting you know that they're each being addressed by us by Air Quality Division, and And while we're going to do our best to answer all the questions that you have this evening, the focus of tonight, hearing and q&a is really on this enforcement action at Mac at Mac, and you'll hear a lot more about it as Aaron walks through, but the enforcement action is to resolve some past odor complaints or odor violations, and to authorize the installation of the second RTO. And, and the older management plan. So in the future, you know, there will be additional opportunities for y'all to talk with us, we'll be making those opportunities available, we share information on our website. And when we do that, we tried to send out a note to staff or to folks that participated in the past to let you know that there's new information, excuse me, new information available, so that you can refer to that there will also be another public comment period and hearing on the draft permit that's pending, that will memorialize the, the RTO to is what they're calling it into a permit. And then we'll be sharing the same polling data when we get the results back and any additional actions that come as a result of those sampling results. But tonight, we want to focus on this draft enforcement action. This is the first step in resolving those past violations and authorizing at least the installation to commence on the RTO. Two, which is going to help alleviate some of the odors that y'all are experiencing. So tonight, I'm you know, staff are here, the add staff are here to provide you that information on the enforcement process, in general as sort of a help helping point about how the process works. This will hopefully give you information that you can then use to ask your questions and make your comments during our excuse me struggling with a cold here, our final enforcement action, we want to make sure that it's as good as can be and has your input into that as well. So the important the action is very important to us in getting company to start installing. And as I mentioned earlier, this additional control equipment, we want it to be done as timely a fashion as possible. So thank you, again, for being here. I look forward to hearing your comments, your questions. And I will be listening in for the entire session tonight. So I can hear what your concerns are. So at this point, I'm going to turn it back over to Jen so she can begin the discussion on this draft enforcement action. Thanks, Joe.

Thanks a lot, man. I appreciate that. It, it's helpful to know about all the other things that are going on around these facilities in Michigan just in general and kind of knowing that this is a piece of the pie. So I appreciate you kind of laying that out for us. I just want to talk really just briefly again, I know we've had some other people coming on the line, we do have one person calling in. So just be aware of that error. And as you move through the presentation, just to talk really briefly about how it's going to work again tonight. So we're going to do the informational session. So that's going to start off with a little presentation that Aaron is going to do and then we're going to get to the question and answer session. So once we get to that session, that part of the night.

Last year just for a second, sorry. Sorry. I don't know why that happened. I'm sure you guys can move forward without me definitely don't need me babbling on anymore. But I do just want to remind folks that the question answer session is going to be important. That's where we're going to be able to give feedback on some of your questions. Use the question and answer box, raise your hand at that time, we'll try to get to you, the folks calling in you're going to use lb two on your phone. After that, or at seven o'clock, whatever. Whatever comes first, we're going to start the hearing portion. That's the time again, the night where we're going to be listening to your comments, but we won't really be responding. We're going to talk just really quickly at the end on how you can submit an official comment if you don't want to do it tonight. There's plenty of other top there's plenty of time and other ways that you can do that as well. We'll talk a little bit about where you can find other information. I know Maryann mentioned the STA Lantis website. So we can definitely kind of go over that really quickly. And then how to contact Aaron or Bob if you have other questions about what we're here to talk about tonight. So without further ado, Aaron sorry for babbling. Please go ahead and start your presentation whenever you're ready.

Awesome, thanks, Jen. As Jen said, my name is Erin Moran. I am one of multiple AQ D staff involved in this case. So in this presentation, I'm going to start with a short overview of the air quality and division and the enforcement process and then after that, I will go into the information in more detail about the proposed consent order for explain this. So the Air Quality Division or AQ D regulates sources of air pollutants to protect him Health in the environment. It QD has the authority to regulate stationary industrial sources, which we also call regulated facilities. We also have many different roles in regulating air quality. And one of our primary roles is to conduct inspections of these regulated facilities to make sure that they are following the quality rules and regulations during their operations. So enforcement and falls under the compliance umbrella, and we do work very closely with the AUD staff that inspect the regulated facilities. So this slide gives an overview of the enforcement process from the beginning when a violation is found. So what we have a lot of district inspectors throughout the state, they are the ones who can go out and do a physical inspection of the facility, they'll actually go there, meet with the people at the facility, look around, make sure everything looks good on there and compliance. We can also request records for review information that way, and we also inspect facilities because of the complaints. So during any of these inspections or reviews, if a violation is found, the district inspector will send a violation notice. So this violation notice is a letter that companies saying that we are officially citing the violation, then the company has an opportunity to respond and say how they fixed or are going to fix the violations. If for quite a few reasons, we decide that the violation should be escalated to enforcement. The district will then write enforcement for all referral to the enforcement unit. And that was where I work. The Enforcement Unit will then send an enforcement notice to request an initial meeting with a company to start discussing a settlement. So this enforcement notice lets the company know that they will have to resolve the violations through the legal process. Usually it's through a document called a consent order, which I will describe a bit later. So after we initiate that process, we have discussions with the company about what the plan will be to resolve the violations and how they're going to come back into or stay in compliance. So once the company and AQ D are in agreement on this plan, and what is going to be in this consent order, we put the consent order out for public notice and comment period. That's what's happening right now. And this is when people and folks in the community can officially submit comments to us about the proposed consent order. The Air Quality Division is required to put our consent orders up for public notice and comment for a minimum of 30 days, we have been doing longer than that in some cases these days. We also plan and hold a public hearing if requested. Or as in this case, if it is a high profile case that a lot of people are interested in, we go ahead and schedule that public hearing. So after the public notice and comment period is over APD will address all substantive comments. If there is demand from the public on an item in the consent order that a QD is able to change them, we may go back to the company and propose those changes to the consent order. So if the company agrees on those changes, or if there are not any changes to the consent order, then the company and a QD and the Department of Attorney General will sign the consent order. And at this point, the company is legally required to complete those requirements in the

legal document. So enforcement can happen in a few different ways. Our district staff are key, they don't they go throughout the state and inspect facilities and find those violations that may end up in enforcement. So as I described earlier, violations can be observed during inspections during records view or responding to complaints. So that's what happened in this case, we were getting a lot of odor complaints about polantis. Bob went out there and inspected the facility and found the violations which we then took to enforcement. enforcement can also happen if there are any violations of a facility stack testing if they have any monitoring or record keeping recorded and reporting requirements. These are all things that are in their permit. So there are a lot of permit requirements that companies have to meet. Um, if those are we find violations there, those can end up enforcement. Also, companies have deadlines for different things if they do is something that could end up in enforcement as well. So escalated enforcement is the legal process which we use to resolve violations that were cited and sent to enforcement. And we will resolve these through what's called an administrative consent order and I've been referring to and probably will refer to this as just consent order. So this is an administrative settlement. We are legally required to offer this to accompany in enforcement before we consider sending the case or the violations to the Department of attorney in general order to EPA for resolution. So this consent order contains a compliance program a fine and also stipulated fines within the document. And 90% of the violations that come to enforcement are resolved through consent orders. So now moving on to discuss the current settlement was to Lantis. Right now we have sent splinters five violation notices for odors. And in these five violation notices, we were able to confirm seven days between August 2021 and October 2022, where scientists had violated rule 901. This says that a company shall not emit air pollutants that cause unreasonable interference with the comfortable enjoyment of life and property. We've also sent out one violation notice who's to Lantus for improper ducting. So when Bob did his inspection, he found that the emissions from the paint shop for being emitted to the outside air instead of being properly sent through air pollution control equipment. This slide outlines a summary of the different parts of the proposed consent order. I'm going to go into more detail about these points in the next few presentation slides. So overall, the consent order identifies the alleged violations that we are resolving through the consent order. It has a compliance plan, which is just the steps that the company has to take and the requirements that they have to fulfill under the consent order to maintain compliance and show us that they can stay in compliance. Scientists will also be paying a total settlement of 274 $863. The payment of two Sorry $62,863 will go to the state of Michigan general fund. And this is due within 30 days after the consent order is signed. They will also be completing two supplemental environmental projects, which they will spend a minimum of $212,000 on. And then they're also stipulated finds, in this consent order for any violations that we may find in the future of this consent order.

So next few slides are more detail about the proposed compliance plan that is in a consent order. So as of December 19 of last year, scientists fix that ductwork that was improperly connected. So the previously uncontrolled emissions are now being routed to the correct concentrator and regenerative thermal oxidizer that they were supposed to be hooked up to. So, a regenerative thermal oxidizer, you may also see this abbreviated as RTO, is a type of air pollution control equipment that destroys hazardous air pollutants, volatile organic compounds and odorous emissions that are created during industrial processes. So, they are also required under the consent order to complete testing on this existing RTO and concentrator that the unconnected ductwork was supposed to be connected to this is just to make sure that the emissions are indeed being controlled. Another the next very important section of the consent order has to do with the nuisance odors. So under the consent order, the company has to comply with rule 901 meaning as I stated earlier, they should not emit odors that are causing an unreasonable interference with the comfortable enjoyment of life and property. They will also need to comply with the nuisance minimization plan for odors, which is something that was developed first joint is to follow to minimize the odors under the consent order. And for any of these points Under sorry for any of these points in the compliance plan, if we find that scientists is non compliance during the length of the consent order, they will be liable for it stipulated fines. So, after the enforcement notice one outs plantas did an investigation internally, and also had a third party do an engineering analysis. In this, they found additional sources of nuisance odors that were possible nuisance odors that were not related to the ductwork violations. As a solution to mitigating these odors, scientists propose that they add an additional or to to control the sources of voters. And the picture on the left here is just a schematic of an RTO. So you can kind of see what it looks like and how it works. So my next two slides are going to go into what is in the minimum nuisance minimization plan for odors. So this plan is an enforceable plan that lays out what's the Mantis has to do to address the voters. So they have a short term plan and a long term plan. So the short term plan and short term requirements are that they're using two products that are being added into their stocks to neutralize odors. So the two different products are called Cooper Dine, which is the primary product that they're using. This uses iodine molecules to react with and destroy odor causing molecules. And then the there's a product called Oasis 904 believe it's also called Nalco. This is being used as a backup if Cooper dine is for some reason unavailable, or if additional control is needed. And this product uses natural oils to suppress odor. The nuisance odor plan also then lays out long term requirements to deal with these voters. So this includes installing and operating a new RTO. This should control Penshoppe emissions from those sources that I described before. And by controlling these paint shop emissions that in turn means that the odor should be controlled as well. They also will have to comply with an odor complaint response procedure. So this means that anytime soon, Lantus receives a complaint or a QD relates to complaint and odor complaint to scientists, they must investigate this incident and record the conditions around this. What's happening around the incident like the weather wind direction, and then also the corrective actions that they took to fix this odor problem. Snow more about the second RTO under the consent order, within 10 days of it being signed, scientists must begin construction and installation of the second RTO.

Now they're gonna start putting this in, but before they cannot operate this RTO without an air permit. So they did submit a permit application in May of this year, that is currently still under review by our permits. department. So once the permit is issued, and students will need to comply with all of the permit requirements that are will be written. This includes complying with operation maintenance, record keeping, testing requirements and anything else that is in that part of it. So another important part of aid enforcement settlement is a monetary fine or penalty. So AUD uses EPA, EPA is penalty policy to calculate the penalty that is required under the consent order. So we use that policy and then also the supplemental environmental project policy is also part of this calculation. So just as a side note, you'll probably hear all of us a QD folks refer to supplemental environmental projects as SEPs or a sap. So I'm going to use this from now on just because it's less of a mouthful and will probably help this presentation a little shorter. So the EPA penalty policy lays out what the fine amount should be for each separate violation and then those amounts are added to the policy. See considers many factors in the calculation. So for scientists, we considered the ones that are listed here. So that includes the type and number of violations that are being resolved, the length of time that the violations happened for the fact that still Lantis is in a non attainment area for ozone, the level of negligence that we considered when the violations happened, and also the quality of their steps. So we use all this we calculate the fine and then we offer that number to the company in an enforcement enforcement with us. So after we do that, we talk and then after the final settlement number is decided. So acuity does have to bounce things like litigation risk and a company's willingness to resolve the violations when deciding on or agreeing to this final fine amount. And because it's a negotiation, any company and enforcement has the right to present additional factual information about the alleged violations that a QD can take into consideration when ultimately determining the final penalty. Additionally, when a company does a CEP, they do get mitigation credit on the penalty for completing the project. But ultimately, and this is in the set policy, they must pay more than if they were to settle without doing a set. So in this case, our final agreed upon penalty was actually $270,203. If slanders didn't decide to do any saps, all of this money would have gone to the state of Michigan and general fund. But because they agreed to do and these steps under the consent order, the settlement of 270 $463,000 is more than that agreed upon member and most of the money goes to the community in the form of these environmental projects. And it's important to note that there is always a minimum required fine that has to go to the general fund. This is that $62,863 amount and that is determined through these calculations that we do.

So on to the supplemental environmental project. So the steps are a voluntary, environmental or public health projects. If a company commits to doing a sap as part of their settlement, they are legally required to complete it because it is part of the consent order. So as to Lantus has proposed to do two steps. The first step is a building management system at Southeastern High School. So the building management system is an automated Energy Control platform that allows for remote monitoring and management building systems. This project is something that was identified by the Detroit Public Schools as a project in need that had not previously been funded. So the building systems that will be controlled by the stuff that they're installing is the lighting, mechanical and water systems heating, cooling and also a ventilation. It will allow the folks to monitor in real time how well these systems and equipment are performing. It will also control ventilation temperature and humidity to make the building more comfortable for any occupants including students. Overall for this project, the higher energy efficiency and lower operating and maintenance costs will result in cost and energy savings for the school that can go back to the school then the second project is a tree planting project at Borough Park, scientists is partnering with the greening of Detroit, they will be required to plant over 80 trees in Borough Park. So it is required that the trees will be maintained and wired for two years. And then any trees that do not survive within those two years will be replaced. As I stated earlier, a scientist is paying at least $212,000 $212,000 $100,000 for these projects. So this slide is kind of a map of the area around cilantro. So you can see these two white buildings. Those are the two slanted plants. The northernmost one is the Mac plants. The so to the left or west of the plants are Brewer Park and southeastern High School. And you can see that both of these areas are very close to the facility. So this slide shows the timeline of the steps. So for the burr Park project, all of the trees that they're going to plant should be ordered by April 30 of next year. And then those those trees should be planted in that project completed by June 30. of next year. Also, on June 30, the building management system project installation should begin. And that project will continue until it's required to be completed by September 30 of next year. Then between for the two years between when the tree planting is completed, that should be June 30, of 2023. Up until June 30 of 2025 The trees will be monitored, maintained and watered, and then those non surviving trees would be replaced. So if you're a community member, and are still smelling something, anywhere from now to in the future, please continue to call us this enforcement action was a result of community complaints. So if there are more odors detected, and you call us and we are able to go and investigate and do find those odors, it will help us hold students accountable. And as always, we will continue to investigate complaints to the best of our ability.

So if you're looking for more information about to Lantis, or what's happening there or about this enforcement action, here are a few links that you can go to the first link is to Eagles web page dedicated to steal antas. So for anyone on the phone, that is michigan.gov/eagle, that's e g, L E, so Lantis. And the second link is where you can read the proposed consent order summaries of the consent order. And then any other accompanying information about this enforcement action for folks on the phone that is michigan.gov/eagle Air public notice. And once you click that link, you choose compliance slash consent orders. So that is the end of my presentation for the night. So I will now turn it over to Jen for our q&a session.

Awesome. Thank you, Aaron, if you don't mind, just going to the next slide. Just so folks can remember you guys's names. And then Bob, if you want to turn your camera on, we do have a few questions in the chat already. So that is good. And the first one of these, actually, I'm going to send this first one to you, Aaron, because I think this is a good kind of segue to reinforcing some of the conversation that you started. So the question was, if they're mandated to do the environmental projects, why is it described as voluntary, so if you can just kind of reiterate that they're voluntary, to even start to do them, but then that whole, like legal process, like briefly?

Sure, so any company and enforcement, they don't have to do a set. So a company can go through the enforcement process, you know, we can come up with a compliance plan and the fine, and they'll just pay the fine to the state of Michigan general fund. That's how a lot of cases have been done in the past. And still a lot of cases are settled, you know, in the present. So we rewrote the set policy a few years ago to try to incentivize the supplemental environmental projects more. So. You know, we hear comments that, you know, these companies have violations and the communities you know, want to see something back in the community because they've been harmed by the violation. So this is a way in our process, and under our rules and regulations and policies, this is the way that we can move that money back into the community. So a company can choose voluntarily to complete these projects under the consent order. But because it is a legal document, a legal settlement, they essentially had to spend that money that they would have spent going to the state of Michigan, Jonathan, they've got to spend it somewhere. So um, Whether that is to the general fund or back to a project in the community, I guess that's why it's voluntary. But like I said, they will be required to complete the project if it's in the consent order.

Yeah, I think that's the benefit to it. It's, you know, we've, I appreciate that you said that we're trying to incentivize companies to do these projects, we know they don't always meet everyone's expectations. And, but we always feel like it's better to put some money back into the community in some way, shape or form than to just put all that money back in the general fund when a company isn't meeting expectations. So that was a really good clarification. Bob, this question is going to go to you. And the question is assuming the consent order is approved, as it's proposed right now, so if we didn't make any changes, based on comments, say we could approve it tomorrow. Do you have any idea what the timeline is for installation of the RTO? And what the anticipated start up date is? And I know you don't work crystal? Um, yeah, that's a very good question, Jen. You kind of cut out yeah, sorry, cut out there a second. But you knew what I was getting at? I think. Yeah,

yeah. Um, yes. I, you know, don't work first, Atlantis, but, you know, it's, it's a very good question. You know, what is the media anticipated or estimated timeline we might expect? It can be a lengthy process. So you know, I would estimate maybe in late spring or early summer, we might anticipate having our to, to installed and operated. The key, you know, takeaway for me tonight is that, once the consent order is issued and signed and finalized, they will have 10 days to begin construction. And once that'll allow them to get a head start with the winter months coming, to help prevent some of those delays from winter construction. So we're hopeful they get a good start on that early here, and can can go get the shovels in the ground right away. The key to getting it to operating is to have a permit issued for for the Detroit assembly complex Mac. And that that's a key feature here that we need to get that permit agreed upon and issued so that they can then eventually begin operation. That permit also will go into public comment, like other permits, so there'll be another opportunity for people to review and evaluate what we've considered in that permit evaluation. And, yeah, so those are just some rough guidelines of what needs to be done for that to get up and operational. Yeah. And I think

once we if we hear a more specific date, you know, we definitely can share that I it's one of those things that can be a slippery slope, though, you know, it's like we anticipate this time, but depending on how things go with construction season, and weather and things like that, that I know that we're, you know, we want to get them going as soon as possible. And it's kind of leads into the next question is, the person was asking that they heard that there was originally plans for to RTOS? And do it was only one originally installed. Is that true to do? Was there ever a permit that included two RTOS? I don't remember that, that maybe you do.

I don't recall exactly, there may have been a consideration of to, you know, a lot of times when it's too, it's just simply two smaller ones. And so the fact that they ended up with one, it was probably a larger unit to accommodate all the airflow. Okay.

So this question, I'm going to give this one to you first, Bob, and we might not have a complete answer for this. We have some expectations for sure. And that's kind of what the person is asking. They said, you know, what are the expectations for the new RTO and reducing odors? You know, what do we expect to come out of it? I mean, we're obviously it sounds like we're kind of pushing this. So do we expect this to really reduce those odors?

Um, yeah, I think it will definitely offer a real benefit to the community in terms of reducing emissions, reducing the potential for odors to be out there at anytime you can control more from a plant coming out, it'll read, you know, obviously reduce any intensity frequency or duration of potential odors. We expect the oxidizer to be, you know, very similar type operating parameters isn't the existing one in the permit. But, you know, just be aware that we're still working through those details through the permit process.

Yep. Thank you for that. So this is an interesting question. I'm going to say no, but I do want to read it out loud. The question was, um, can Eagle take the tax credit? That's the Lantis received, so that isn't, you know, something that we're open to in our enforcement negotiations, but it is an interesting question. So this question is going to go to you Aaron. The question is what kind of community outreach Did still Lantis do to gain community input on the steps? So the questioner says, still Lantis and Eagle but it is really still Lantus is obligation to do that outreach to the community. So I just wanted to be a little bit clear on that. And did we did we is Eagle recommend or require that Atlantis engaged with specific organizations and stakeholders in the neighborhood, those most closely impacted by the violation. So if you can just talk a little bit about the community engagement that still Lantis do, I will caveat that I know, you know, there wasn't a door to door conversation that happened. It was a you know, I know we have heard recently that there is frustration with folks from on Ben Atala that they weren't necessarily considered or talked to, when developing those steps, but there was a lot of outreach that was done. So maybe you can just talk a little bit about that for me.

Yeah, sure. So, I guess as I stated before, steps are not a requirement of any settlement and enforcement action. They're not required by state or federal law. And they're voluntary. So you know, in our set policy, and, you know, it's encouraged that a company gets committed to input as part of SAP development. And we encourage companies to get community input as part of this app development process. So in this case, AQ D did share information was still Lantis. During the negotiations, that the community was interested in certain steps. Ultimately, scientists contacted the greening of Detroit and Great Lakes Environmental Law Center, they also discuss proposals with the city of Detroit parks and recreation, and the city of Detroit Public School District. So through these discussions, these two steps are identified as projects in need. And then they were further developed and submitted to APD for review and approval. So under the set policy, these discussions qualify as community input. And what you know, under a set policy of AUD encourages community input, but it's not required to approve a set. It's something that is considered and how a QD rates the setup and determines the penalty mitigation. So the QD and EO cannot choose projects for the companies and escalated enforcement. And we can't direct to the company meets with and record in where the set dollars go. So it's up to the company to develop the project, they then submit the proposals that we review, and if the project meets these policy, that Niki de approves the project. So that said, it's really been just recently, the APD has been doing a larger number of steps. So, you know, we're still working through how to do outreach through into communities. So we're definitely taking comments on the set process into consideration as a like in the way of how to improve the implementation of the set policy, and expand on that community input process in the future. And, you know, we always hope to improve the process every time that a step is on the table.

Yep, no, that's a good point. And I definitely open to comments and constructive criticism on how we're doing things when it comes to that, too. I mean, we see value in it, but we have to always be getting better at what we're doing. And that includes trying to implement these and encouraging them. And we want to encourage ones that are positive and good and helpful. So we definitely love to have comments on that part of our process as well. I do have somebody that has their hand up, and they your hand has been up since the beginning. So I just want to make sure that you have a question. And I know I had a it says that it is to Nika Griggs. So but I think that to Nika, shared her login with someone else. So if you may be used to Nick as login and you have your hand up, I, we're gonna go ahead and unmute you, in case you had a question that you wanted to answer out loud.

Maybe you just have your hand up on accident, and that's totally fine, too. I do that frequently. So all right. Well, if you do have your hand up and you want to put your hand down and then back up again, that would be totally fine. And Bob, so I'm gonna give this question to you and I don't know if you have had any if you have information on this or not, and if you don't, it's completely okay to say that you don't. So the question is, do we know how much money soleus is putting into improving the ventilation and to repairing things and doing putting in In the new RTL, I don't know if you know this or not, but I just want to pose the question because someone did answer ask that.

No, I do not know the answer to that question. Yeah,

no, that's fine. I wasn't sure if he did, but I wanted to put it out there for sure. So this is a good question. And it's relates back to the setup. So, Aaron, I'm gonna send this one to you first, but Bobby might have some input as well. So the question is, if there's changes made to the subspace and community feedback, so tonight, or throughout the comment process, if folks have comments on the steps, and we really feel like there is necessary changes that need to be made? Would that require a delay in the installation of the RTO? So that's kind of part one of that question. So from my perspective, based on what you said, it doesn't sound like it would necessarily create a delay in the installation, it might, we might have to spend more time reviewing comments to in order to get to that consent order being finalized, which is fine, we want comments, we want to review them, we want to take our time reviewing them, because we want the settlement to be appropriate. But I don't know if you have a sense of that kind of timeframe. And and, you know, would that require a delay in the installation of BRT or a delay in the in the enforcement action being finalized?

Yeah, yeah, I think I think you've put it well, like you said, we want comments, we want to take them into consideration. You know, if the community is suggesting changes that we can make, and we, you know, take them back to the company, that is going to cause a push back in the timeline for us signing that kind of set where so, you know, we've we've been working on this, we want to get this is, we do want to get this Consent Order signed, so that we can start, if still, Anders can start the installation, then that isn't negating the fact that we still want, you know, to receive comments, and, you know, consider comments on steps. But just because that that start date is tied to the the effective date of the consent order, that just is going to cause a shift in that timeline. And I don't have a sense of how long that would be.

Yeah, it will really depend on and even if, folks, you know, I think in this question, we're kind of tying these comments to sup. So we're, you know, in this conversation we're having this moment, it's like, if if people have concerns or comments on the subs, then will that delay things? So really, though, it's two comments on the whole action. So you know, all the comments that we get, we want to look at them, we want to assess them, we want to be able to say to ourselves, does this require a change? Should we be changing this? Should we look at this? I mean, that is kind of how the thought process goes, once the comment period stops, stops. If whether we get one comment or whether we get 100 comments, we look at them all individually the same way. But I think what you're tying in here, and what folks are hearing, you saying is that, you know, to be very clear, this consent order, once it is issued, will allow the company to start installing the RTL, they cannot start installing this RTL without being in violation prior to this legally binding agreement being in place. So those two things do kind of seem like they're a little bit in conflict with each other. You know, you we've heard, we don't want to speed through this process. But they're really important part of this. This legally binding agreement is very, very important. I personally think these steps are also important. But just because I'd like to see the money going back into the community, even if it's not exactly the way we you know, we all would want. But the second part of that is in the part that Maryanne alluded to earlier and I think Bob has talked about is the fact that there is still an air permit that is associated with this RTL, there will still be opportunity for comments on that air permit. And that is the part where we really, we want to get the installation started. But we want to start looking at that application and really making sure that all the conditions in that permit are, are well thought out have been thoroughly reviewed, and all of those kinds of things. So, you know, that's kind of the second part of this. So it is complicated, but I think that from the questions that you guys are asking, you're understanding, you know where we are with all of this. So there's a question in here. So the question was, why did we have the subs and the repairs put together in the agreement? So that's a really good question. You know, based on what I was just saying, we have, you know, these two things in there. And again, the steps are part of the voluntary process, it is an optional thing that a company can present to us. So it wasn't like we said, you have to or you don't have to. And Aaron, please correct me if I'm wrong on this. But from what I'm hearing, it's not like we intentionally did that. It was just how it worked out, because the company did want to do some supplemental environmental projects. So they weren't just paying a fine into the general fund. So I don't know if you have anything else that you want to add to that. But it's definitely you know, that's a question Why Why were those two tied together for this was going to potentially be a delay?

Yeah, I think you'll explain it. It's just because it's all wrapped up in one legal settlement and one legal document. So when that's effective, it's all going to start moving at the same time. Yep.

And we did talk about this a little bit. I think Bob addressed this, how long is the estimate for the RTO to be installed? And and I think you did talk about but this person might have joined a little bit late. So I don't know if you can just go over that. Again, I know, we don't know for sure. Because we aren't doing the construction. But I know you had a at least a little bit of insight on that.

Yeah, you know, it would be estimated probably somewhere to be around late spring, early summer for installation of the unit.

Okay, just wanted this when it goes through and see if we have any other questions here. See if we have any hands up, we're just getting close to seven. I want to make sure we're getting to all the questions that you guys have. Okay. All right, not seeing any new questions coming in. Give you guys just another minute just to make sure that we're getting to the questions that you had about the process here and about where we are with things before we move into the comment period. Alright. So Ben, I am going to unmute you here. You should be able to ask your question, if you want to. You might have to unmute yourself. I'm on your screen. There you go now to hear you. Perfect.

Hi, my name is Benson I'm a resident of the Benetton group. And my my concern is we have been having so many violations last 13 months. If the Atlantis still be able to use the paint shop at this time, even with all these violations. And the second question is we should have a timeline. If if this repair doesn't work, then we have to do something about a permit, we have to either revoke it or have to do something because we cannot just keep going keep on going retrofit and adding beers and adding gas. I have I'm not very happy because the this project is US medical resident as a guinea pig and doing all these retrofits and whether we're going to work or not, we don't know. And it's just really frustrating and very frustrated. And and I think you ego is not doing the residents a favor at this time because we have a oh it's very generous to to sell antiques at this point. I don't see any reason why they still be able to operate a paint shop at this time because there are so many violations for the last 13 months. And we don't want you to continue to allow them to emit all these pollutants. Unless exempted this repair done ASAP. So that's all I have.

Now, thank you, Mr. Fung. I appreciate that comment. And I know you probably will make a comment when we get to that section as well. But I do want Bob to talk a little bit about your first question. When you asked you know Will the company be able to continue to operate so Bob, if you don't mind just addressing you know how we are providing more oversight of the company the violation notices that we've sent how important it is when manatal residents especially because they are the closest feel like they're being impacted are having odor complaints. You know how we're responding in that way and because you're right Mr. Fung that the company will be able to continue to operate while they're making these repairs. So I know that his frustration, and I hear the frustration and your voice on that. But I do want Bob just to talk about, you know, his role and making sure that the company is doing everything that they can to not be impacting you.

Yeah, it is a very good comment. And I really understand the concern to the neighborhood there. You know, I just wanted everyone to know that we've been out there, you know, almost on every complaint we received and responding and trying to verify the odors, there. It's not always an objectionable odor. But you know, we've cited them five times now on seven different occasions. And we've also cited them for not conducting the ductwork. So those are the things we're really looking to resolve here today. But also keep in mind that we will continue to respond to odor complaints, who will continue to go out and investigate, we will continue to conduct inspections at the plant, go out and observe stack tests. And if there are any future or further violations, you know, the company is liable to be cited again, which could result in an additional enforcement actions or stipulated penalties, or further ongoing courses of action. So, you know, we're here we're listening, and you know, that you're always we respond to complaints, I guess,

ya know, thank you for that. And I know it is a little after seven, and I told you all we would start the comment period, you know, try to start it right at seven. But I know I made everybody late. So I do see that I have another hand raised. So I want to make sure that this person gets to ask their question. So Michelle, James, you should be able to unmute and ask your question if you'd like.

So,

I want to know, again, what will it take? I need a direct answer. What will it take? How many out i'll just how many violations? Does it take for ego to stop or shut the production down? From Fiat? From the violations? How many I don't want to hear because yah, yah, yah, Mo over the questions. Ya give a few little tidbits, but you don't really answer the questions. So I have the asset direct, how many? How many violations will it take to stop the production?

So Mr. Ramsey's? Go ahead. No, I was just gonna say, you know, we've been asked this question before. And I really wish that I could tell you a number, I wish that I could tell you a line in the sand that could be crossed. You know, the fact of the matter is, in these cases, when we have companies that have impacted communities that have been causing violations that we've had to get to this, an enforcement action, the and I know that you're not going to want to hear this, but I'm going to just tell you, the way it is, is our rules. And regulations do not allow us to shut a company down like this, they just don't. And that can sometimes be as frustrating for us, as probably not as frustrating for us. But it can be frustrating for us. And we know what's frustrating for you all, when that happens to you know, we have to, we have to fit into the confines of what we can do. And these are the things that we can do. And I know that that isn't helpful, and it does not make people happy. And this is a frustrating process for you all to be listening to and seeing, seeing how you think things could easily be resolved for you. And also knowing that we can't do that for you. So I do really appreciate that you were willing to, you know, hold us to the line and ask that question. And I wish I could give you a number I wish I could give you something more concrete that could lead you to, yes, we can do that. It's a very, very strenuous process that we have to go to, to be able to do that. And it very, very, very rarely ever happens. That's kind of the way it is. And I know that is not a satisfying answer. So I don't know if you have anything else you want to add to that. And I hope you do, you know, make a comment when we get to the comment period part of the night here. Okay, well, I think we're gonna go ahead and move to the public comment period part of the night. So Aaron and Bob, thank you guys for participating and having this conversation. I know it's not an easy one for residents to be part of and but I appreciate the questions that you guys asked it. They're really good. MaryAnne. I know we're going to be moving into the comment period. So Aaron, I still have to ask you to do slides. I apologize for that. If you don't mind just advancing to the next slide for me, and then Bob and Aaron, if you want to turn your cameras off, you can go ahead and do that. And I know that we did have some people who had indicated in the beginning of the evening that or maybe when they registered that they wanted to make comments. So I wanted to just let folks know if you when you registered, a few indicated you wanted to make a comment, we will be reading those names off first, but part of this process and opening up the public hearing portion of the night. So just to remind you, this is the part of the night where we won't be responding to any questions that you might include in your comment. Just want to remind everybody of that, and you can indicate that you would like to make a comment once we get past the people who have already indicated they want to make a comment. I'll open it up and I'll just remind you how you can raise your hand if you haven't made a comment yet and you do still want to but I do have to read I'm sorry. And I apologize a quite dry opening statement just to officially open the hearing for you. And I'm gonna get a drink for so that I can actually talk. Okay,

so Good evening ladies and gentlemen. My name is Jennifer Dixon and I'm with the Michigan Department of Environment, Great Lakes and energy or Eagle. I will be serving as the hearing officer for this public hearing on a draft administrative consent order for FCA us LLC, also known as still MTUS and hereinafter, referred to as the Lantis. Located in Detroit, Michigan. Mary Adela handtied division director of eagles Air Quality Division is the decision maker for this administrative consent order. The Air Quality Division is responsible for regulating sources of air pollutants to minimize adverse impact on human health and the environment. The law governing those responsibilities is part 55 of the Natural Resources and Environmental Protection app. We're here tonight to receive your comments on the draft consent order. The purpose of tonight's hearing is to give anyone interested in the draft consent order, forced Atlantis and opportunity to provide information their quality division can use in deciding whether to approve the consent order as written or if there are additional issues to be considered. So please recognize that eagle can only use the information you provide if it relates to the criteria we must use in making a decision. For example, concerns related to local zoning truck traffic and noise are not within Eagles authority. In addition, some of you may simply want to express your support or opposition to the draft consent order. We will be happy to make note of your position but please understand the eagle is by law not allowed to base our decision on whether there's widespread support or opposition to the enforcement action. Please note the proposed terms of the draft consent order are brought to you tonight in the form of a draft agreement. This does not mean a decision has already been made. Instead it reflects an initial agreement in which the Lantis must pay a monetary penalty complete two supplemental projects, which include the installation of a building management system at Southeastern High School, and a tree planting at Brewer Park in coordination with the greening of Detroit. So planters would also agree to pay additional penalties if compliance is not maintained. Everything in the draft consent order remains open for comment and further consideration by the division. We look forward to your comments on those issues. This hearing is being recorded and your comments will be part of the information eagle will consider in making a decision on the draft consent order. The public comment period for the proposed order will end at midnight on November to 2022. Additional information can be submitted until then, and it will be considered when Eagle makes a decision. After the close of the public comment period, the decision maker will review all written and verbal comments received. All significant air quality related comments will be considered at which point a final decision on the consent order will be made by the decision maker. The decision maker may reject the consent order approve as drafted or approved with amendments. If approved, the decision must specify which provisions of the draft consent order if any have been changed in the final consent order and the reason for those changes. And all three scenarios all interested parties, including everyone who was on the original mailing list. Anyone who provided comments during the public comment period, and anyone who attended either the informational session or the public hearing will be directly notified of the decision. As stated previously, you may submit a comment at any time to an email address or phone or I'm sorry an email address or mailing address that will be provided. You may also type the word comment into the question box and submit your comment in writing. If you do not want me to read your comment aloud, please state do not read. If you'd like to make a verbal comment, you may raise your hand and I will unmute your line so you can speak. We will limit your comment time to three minutes and I'll do my best to address commenters in the order your hands were raised. But please bear with us as a technology does have challenges with doing that. Please recognize department staff are here tonight to provide a fair opportunity for you to express your views on the proposed proposal consent order and to listen to those comments. Thank you so much for your attention, I will now beginning calling the names of the people who have indicated they would like to make a statement. Okay, so like I said previously, some folks did indicate that they would like to make a comment originally. So what I'm going to do is I'm going to call the first three names that I have on the list. And if you could just raise your hand that kind of brings you to the top of our list. And so it'd be a little bit easier to find it on mute because we do have we had 81 people on earlier and we have 77. Folks still on tonight. So all right, the first three people who have indicated they would like to make a comment are Andrew Daris, Rashida to leave and Shana McFerrin. So if the three of you could raise your hand, and then we'll get to Andrew first.

All right. So Andrew, you should be able to state your comment for the record. And if you could please state your name and any affiliation that you have, we would appreciate that as well. And I apologize, but I cannot hear you if you're speaking. Nope, still, we still can't hear you. So I'm gonna go ahead and just mute you and then unmute you again, and just see if that helps. I see that you're unmuted. So if you're speaking. If you don't mind, I think we'll come back to you if we can try to go to Rashida to leave, and we'll see if we can get that fixed for you. So I do think I saw that she was on earlier, she might have had to jump off. Rashida to leave is not in attendance. Okay, so she must have jumped off. Thank you, gentlemen. Okay, so the next few people that we have on our Robert show, and Bobby Johnson. So I know I saw Robert on. All right. So Mr. Shobe, if you would like to just state your name for the record. And then if you want to make your comment, go right ahead.

My name is Robert show. And I got comments. A couple of things. One thing I put a couple of questions in the question and answer. And we'll chat and and get a response on those towards the end. But the first thing is, this is more of a question. Before I get into my statement. You guys are saying that they can't be shut down in the very beginning of this presentation you showed us where if they violate the permit if certain things are not met, that's grounds to shut them down right there. That's one thing. The next thing is how is this an accelerated enforcement if it's voluntary? Where's your I mean, you gotta stay mean, like you have no authority. I agree. You need to change the principles and policies. I'm not going to shoot down the s&p because we need this facility fixed. I'm somebody who sits over here and breathes this stuff stays in the house the majority of the time because I don't want to breathe it. Bad. You guys tell me oh, well, it smells a little sweeter. Whatever. I say, well, it still burns my eyes or whatever, I'm gonna find out. You guys are spraying something to try to kill the scent. I mean, I don't know what's going on. But I know that the people who have been told deserve to be treated better than us. By Eagle esto antas. I'm not here to bash you guys. I understand that. You guys have some policies and procedures that you must follow. But it's your it's amazing to me how quick you guys out to tell us what's not possible as opposed to working in a direction of doing what? What would be better for the people with the people who do they need this to be something that you just told us that it didn't matter is not what the public's opinion is or how the people are affected is going to be decided by a decision maker. I'm trying to figure out what was the purpose of this. That's it for

me. Thank you so much, Mr. Shelby, we do appreciate your comment. So Jim, just to let you know that Andrew was actually Rashida to leave and she just couldn't unmute her lines just going to go off and come back and so we'll come back to her. Alright, so the next person that I had called was Bobby Johnson, but I don't think that Bobby is on either. Nope. So I'm gonna go ahead and call the next three people. So we have Stephanie Chang, Charles Anderson and Jeff Gearheart. So if you guys could raise your hands that would be appreciated.

Stephanie Chang and Charles Anderson art and attendance unless they're coming on out under a different name.

Okay. And they might have I think I saw Stephanie Chang on a little bit earlier. So Jeff Gearheart. Stefan, I don't know if I saw him on. I don't see him. Okay. All right. So the next three names that we have are Vendrick. Bridges, Bob Sisler, and Edith Ford. All right, I think while those guys are raising their hands, I'm going to try to come back to her sheet and see if she can unmute herself a second.

All right, let's try that.

Is that working? Now? I don't know. Can you There we go. Now I can hear you pologize. For that I have

no sorry, Andrew, registered me and they just put the link on the end? I don't I have no idea. This is weird, different zoom. So I apologize. I think, you know, one of the things is I would like to resubmit the letter I submitted before about the projects that are combined now with the, you know, fixing and putting them the pollution controls, just want to resubmit that for the record, if we can put that as part of this public hearing. If you need me to email it, I can again, but I think the most important question I need to be able to answer to my residence is when, right and I know you guys are answering but can someone can we request within a time period is there in law where it says reasonable time period? I think my biggest fear. And what I've seen in the past, an eagle team, you've seen this, where we're doing this for almost a year, and trying to get it done, right. And so, I mean, is this going to be yours? Or is it going to be a year is uh, you know, you could say spring of 2023. But I need to tell my residents where this is going to be fixed. And I just don't know what I'm supposed to say to them and not clear why this can't be part of the consent order. Why can't we say this has to be done by this date? You know, I know the process is in place that they have to apply for the permits all this stuff before, you know, obviously get before the you guys kind of think the RTO, whatever. But I think that's really critically important for consent order. And maybe I've always missed it over the years. But that didn't make any sense to me not to include it. And so my question to you always, and is, you gotta go back and see if you have legal authority to at least put a timeline in, it doesn't make any sense or hold them accountable. It's already been two years of this, my residents have been living with no pollution controls for two years. So I'm just putting that out there. It's really correctly important. And, you know, separately, the community engagement was not up to par, they shouldn't be getting extra points. If everyone I've been told told me, they haven't gone to any community engagement meetings regarding those projects. So I'm a little taken aback by the fact that they get little extra points because they go meet with the city and the school district, which is different stakeholders. But the residents actually have to live their sleep their, you know, be on the sidewalk in and out of their homes or whatever they live there. They were not engaged as aggressively or intentionally as I hope that still autistic. And that's that's all I have to say. Thank you. And again, sorry about the mix up without

no problem as much as long as we've been using this technology, it still doesn't always work out for us every day. So I appreciate that. I know. We have Jacqueline Ramsey is reading a statement from Senator Chang. So Jacqueline, I'm gonna go ahead and unmute you so that you can talk. So thanks for letting me know that you're representing her. Thank you. Can you hear me? I think I said yes, I love but I might have muted myself and then said yes. So yes, we can hear you.

Okay, I'm reading this statement on behalf of Steffi Chang, State Senator for district one. She was on the public meeting earlier, but isn't on the meeting at this time but hopes to be doing at some point. But thank you to Eagle for holding this public hearing. Thank you to all of the residents who have been speaking up and reporting odors and air quality concerns to the eagle hotline. I want to encourage residents who are participating in this public hearing to continue calling and reporting any issues because your calls are what led to the violation notices, which is now forcing action to happen. Let's remember what led to this hearing today. So Lantis did not follow through on the permit they signed off on they did not properly install the pollution control equipment. Residents have reported burning eyes persistent coughing, tightening of the chest difficulty breathing headaches and nausea. It is critical that Solanas construct and install the second RTOS as soon as possible in order to address the problems. That brings us here today. The nuisance odors from the paint shops at the salon is plant have been a persistent problem. For residents living nearby to the point that we have now seen not one, not two, not three, but six violation notices related to the air quality violations from this facility in just 13 months. I am glad to see that the administrative consent order includes the second RTO as well as the nuisance nuisance minimum minimization plan for odors that required testing to demonstrate compliance and other measures. However, I truly hope that the company and all parties involved will work swiftly to address some of the key needs that residents have long been advocating for a small home repair programs to supplement the existing work being done, as well as a voluntary buyout program. Last November, Congresswoman Phillipe, Councilwoman Johnson and I wrote a letter to Eagle, urging the department to hold the company accountable with the heaviest possible fine with a true tearing effort and a robust supplemental environmental project. We advocated for a volunteer relocation effort in a home repair program that would help more residents. We noted that the home repair program should allow for repairs above 15,000 above the 50,000 cap in the city's program. These are priorities we heard directly from residents. Today I'm urging the company to consider these options because they are still badly needed for the residents living closest to the facility. I hope that you will finalize the administrative consent order as soon as possible so that residents may be able to benefit from the new RTO that will help them to be able to breathe cleaner air. But I also want to point out that we can do better to make that make sure that projects are selected in a way that prioritizes community members who feel the greatest impact. And we need to redesign our process so that any polluting company who violates the standards is not the decider of what community initiatives are funded. And Senate Bill 54. My bill to create an air quality enforcement mitigation fund fines paid by polluting companies would go into this specific fund, where the vast majority will be redirected back to the communities affected by pollution. This will take place through a community impact grant program to address air pollution mitigation, air monitoring, and prove compliance, Health Impact Assessments, education or training or other initiatives that will help the community most impacted. It is clear today, more than ever, this legislation is needed so that we can avoid a process where SCPs are negotiated directly with polluting companies, they should pay the fine and the department should decide with a representative representative advisory committee focused on environmental justice where the money goes, thank you again for holding this public hearing. And I encourage eagle to move quickly to finalize the administrative consent order so that the new RTO can be constructed as soon as possible to all of the residents who are on this hearing. Thank you for your leadership and for your advocacy on behalf of your health and quality of life. Don't ever give up because you deserve the best. Thank you.

Thank you so much for your comment. I'm going to call the name of the next three people. So the I, the ones that I had called previously are not on so we're going to go right to Danny. Julie, I know I did see that you were on. I don't think Deb Sumners on. But I'm going to call her name just in case she's under a different name when she registered in Brenda Butler, and Anthony Adams. So if you guys are on and you would still like to make a comment, please feel free to to raise your hand. Well, I did see Danny I thought I did but he might have jumped off. Okay, so those three things he's on. He just needs to unmute himself. Oh, there he is. Alright, perfect. All right. Thank you, Jim. Danny, whenever you're ready, if you want to just introduce yourself and then go ahead and make your statement hear me? Yes, we can hear you. No, that's great. Perfect.

I want to know what's the difference between units and trees? How it's gonna benefit us in the park versus pinions on Windows. That's my main concern because I know about that park is so boring ways when that plan

did you still remember that this part isn't for dog? Yeah, that's perfect. Okay, perfect. Did you have anything else that you wanted to add?

Okay, thank you so much for your comment. Really appreciate it. So we had Deb Sumner, Brenda Butler, Anthony Adams. I know you're helping them to see if people are on. No, they're not they weren't on SO. Michelle James. I know that you were on earlier. If she's still on Michelle. I'm down to you. No, yes, I've just unmuted her. Perfect. All right, Michelle, whenever you ready, if you want to just introduce yourself, and then make your comment.

Hi, I'm Michelle Jackson. I am the by the president for the general Park neighborhood association. And I'm also one of the next neighborhood advisory council members. And I am speaking because this particular whole ordeal has been just outrageous from the start. I want to say that we should look more in have.

Michelle, I think we would have lost you for a second.

There's no reason. There we go.

So Jim, is she going in and out for you as well as on my end? Yes. Okay. I don't want to miss her comment. So, Michelle, if you don't mind, could you kind of start back a little bit more? I apologize. I think your internet is just going in and out on us. And you can always submit your comment in writing, just to make sure that we've gotten the whole thing. I don't want to miss your comment.

Okay, can you hear? Is this better?

Yeah, that's a lot better. Yes. Thank you.

Okay, different side of the room. Sorry. So we need to look more into when we're giving tax credits for corporations. There's no reason why this corporation has this many tax credit, thank you slate for I don't even want to stipulate what it is because it's probably not right, but as many tax credits as they have from the humans. And for them to be able to pollute the air. And the people, the humans, the human aspect, we're not looking at our humans, we're looking at corporations first. So if the people over there are getting sick, you mean to me, we don't have any laws in place to protect the people. So then what we're saying is that ego is really there for the corporation, and not for the residents. That's really what it's looking like, that's a billion dollar corporation. And then they have the nerves to print in today's newsletter, that their air quality is not harmful. And so it actually for people who reads is ego doing what they're doing exactly what they can do, or is Eagle just letting them go by what they can. We have people eyes are burning, throat or itching, these folks are really getting sick. And for anybody to say, that is not a health hazard for anybody to say that is not affecting them in such a way that they can still be polluted for anybody to allow the corporation to continue to put stuff in the air that will make folks sick. It's really a disgrace to the human race. And so, you know, I don't know how people sleep, whoever made the rules. I'm not talking about you guys, because you're just following what your jobs are and what regulations are, but who's ever making these rules. They need to be changed. They will they need to be looked at. And we need to know how to get them changed. Thank you.

Thank you so much. Miss Jackson for your comment. We do appreciate you taking the time to do that. I have a couple other names on the list. Right now Rhonda Foose, which I do not think that she's on and then Eden bloom. So if you would like to raise your hand eaten there you go, you're at the top so I don't think around us on so eat and if you'd like to go ahead and make introduce yourself and make your comment whenever you're ready. You might have to unmute yourself okay, sorry, even if you're speaking at We can't hear you yet. It does not look like you've muted. And we can come back to you to hear. So I'm just going to try to say one more time. And then we'll try to come back to you because it doesn't look like you're able to unmute right now. The next person that I have that has their hand raises Jonathan Scott, Jonathan, would you like to make a comment? If you can just introduce yourself and you should be able to unmute and speak whenever you're ready.

Oh, hello, can you hear me? Yes. Oh, I'm sorry. I am. I must be on as Jonathan Scott. I didn't know. Yeah. Okay. This is Robert this.

Oh, Rhonda. Thank you. Thank you for Yeah, I know sometimes if you share links with people, it does come up, like for a little while we had like five to Nika. Greg's on, and I know she isn't a clone of herself. So if you want to just go ahead and introduce yourself and make your comment, that would be great.

Okay, my name is Rhonda theus and I am a resident of East Canfield village, which is the neighborhood that the student Auntie's offices facility is in I live on Montclair, which is four blocks away from Beneteau. So my comment is that, that this is environmental racism against black people, pure and simple. The fact that Lantus never installed, the pollution control equipment that they got the initial permit for is egregious. And what makes it even more egregious is the fact that they installed it in the Warren plant, but did not in the, in the Detroit plant, and that is situated in a neighborhood full of people. And this eagle has to prioritize getting the getting the the RTO and this pollution control equipment installed. We have been breathing this, this toxic air for over for two years, we can we we cannot wait another six months, eight months, we can't. And the requirement to have them mitigate this needs to be immediate, and it should not be tied to anything else. It should be a priority in and of itself. Because the health of the residents of this community are at stake. And so but we have to call it exactly what it is, which is environmental racism.

Did you have anything else to add to your comment? Ron, I don't want to cut you off. No, I'm done. Thanks. Okay. No, thank you very much. We really appreciate it. So I did have a note from Renard month Zeus monsoon ski. I probably said that wrong. I don't know if you still would like to make a comment or not. But I can get you unmuted, and you should be able to make your comment whenever you're ready. There you go. Yep. We should be able to hear you know, if you want to just introduce yourself, and then go ahead with your comment.

I'm sorry, I've only heard part of what you said. Could you repeat yourself?

Oh, that's totally fine. No, I was just saying you're unmuted. So whenever you want to just state your name for the record and make your comment. We're ready to hear you.

Okay, my name is Renard miszewski er en ARD. Last name is spelled m o n, Suzette U N s KY that's in the city of Detroit and I support efforts. Here's the thing, Eagle has to be there for the residents of the people on Benito Street in the affected areas that are experiencing this pollution, the fumes in a sickness that is coming from that. And really any sort of mitigation that is not directly impacting residents is really just corporate mitigation. And we should be there for the people. That's your charge for that. And the thing is, if there's some policy hindrances, that needs to be changed, commended, but ego should be prioritizing repairs for residents directly listening to those residents as well and their needs instead of running interference for a corporation. And the other thing is Fun Home Repairs, or funding for voluntary relocation of these residents as well too, because this is a quality of life issue. The thing is someone has to wake up, cook, pave, a breather stuff and you know, like do your day to day errands, walk outside, go to the car or have to catch public transportation. These fumes and in any sort of efforts that do not help residents really is just for show. So make it a recommendation for home repairs that involve air filters, and window. We're installments and other sorts of installation and things that are going to prevent these fumes from getting out there and more responsibility for us to Atlantis making sure that they're on actually using political light pollution, technology that scrubs the stuff out of the air and doesn't pollute and doesn't add more pollutants and things of that sort. If that can be done and worn that should be done in the city of Detroit, and his blatant environmental racism and the fact that Detroit is can be considered an heir to dumping but in other areas, there have to, you know, there's more protections for those residents. We all live in the same state of Michigan, which had the same protections.

Thank you. Thank you so much for your comment. So at this time, I don't have anybody who has already indicated that they would like to make a comment. So if anybody else would like to raise their hand, right now, it'd be the time. So I do have someone who has raised their hand, I just see your initials D. So D as in dog is an Edward, I'm gonna go ahead and unmute you. And if you would like to just introduce yourself, and make a comment for the record, that would be

wonderful. Yes, hi, can you can you hear me? Yeah,

I can hear you loud and clear. Thank you. Hi, thanks.

And this is Eden bloom, I'm on another machine I have had to call in on another machine. So you can take my name off the other list. Thank you. I wanted to thank Eagle for again the the opportunity to try to get my head around this and learn more about the process and respond to the injustice and and and I like to make demands that eagle really change course. The impact of the impact area this elantas Detroit assembly compact Plex is defined clearly as a as a frontline or an environmental justice community. And considering the expressed intention of Eagle to do better for folks who are who are directly impacted like this. I feel that this process that we're engaged in now is just completely disrespectful and fails to to meet that call to stand up for environmental justice communities. Y'all. I'm also a resident in the impact area I want to share that I just I'm always amazed at the amount of faith you all put in still Lantus. Still Lantus did the right thing. You hear them saying that they talk to community and they talk to these people, and they talk to these people. Did you ever vet any of that information? Did you ever check that they're doing what they're saying they're supposed to do? Even with the the monitoring and everything else. That weight is put on the Lantis. To tell you if they've done something wrong. You take it for granted. It's to Lantus has spoken with community members, and you don't check with the with the folks that they say they've talked to, to find out if that's the case. So I just really want to see if shift here, I've asked for a paradigm shift for the past three years from Eagle said the same things. But we really need to put the focus away from catering to the company, and to focusing on the impacted. Residence. folks have mentioned it, I'll mention it again. People complain of overwhelming fumes, the eye throat and lung irritation, the headaches and nausea. These are real things that real people are complaining of, because the state of Michigan doesn't have the proper equipment or the time or the money or whatever to do the testing that needs to be made to determine the health impacts. Folks are still having this even with the Febreeze they're spraying in the stack to try to cover it up. Okay, so let's let's be real about the human impact here. And let's try to shift a paradigm shift away from servicing companies to servicing the people that you all are supposed to be trying to protect. What else do I have here? The SCP, obviously, you all did not engage with the community, I find the rating system the endorsement by Eagle of the SCP projects to be very, not fact based because y'all didn't check with us. The folks who live here, you seem to speak to only representatives. And the other piece I'd really like to lift up is that you do have a list of people to contact. That's the folks who have complained to your hotline, who have actually been impacted to the point of needing to make a phone call to you. Why don't you check in with them to see if these SCPs are up to snuff and meet the community needs. They're the folks who have taken the time, you know, when they're loading their kids in the car or whatever is happening to make a phone call and call you out there. You've got their number you've they complain to you. You've got their information, reach out to them, find out what they need and what's going to address their concerns and make this right for them. This is a violation. This is violence against a community. And I really would like to see a massive shift to look at what's happening on the ground here. Rather than just take things for granted for account money that is using our own tax resources to pollute us. And yeah,

just letting you know it and you got about 30 More seconds if you wanted to wrap it up.

Yeah. So prioritize the repairs. It's It's ludicrous to me that this should be tied to a PR campaign, putting trees and fixing the school first, Atlantis, I mean, those are great things. We love trees, and we want the school to be fixed up, but the repairs are the important part here. And you know, it also residents again, listen to the people, we were all here three years ago, I was talking to you all and expressing these same concerns when you were rolling this project out about these health issues. And even with those concerns, still ANSYS did not put the stuff in right and say what they were going to do. So please hold these people accountable. Please step up for us here on the ground, step off for the folks on Benneteau and address the injustice, prioritize these things, do something different, do something radical and fix it. This is an environmental justice community, you need to do better.

Thank you. Thank you so much for your comment. All right. If there's anyone else who'd like to make a comment on this tonight, we we definitely have time for that. Just go ahead and raise your hand. You don't see that I have any buddy calling in right now. But if anybody else would like to make a comment on the record, we will give you a couple minutes to decide if you want to do that. Okay, Marian, well, I'm not seeing any other hands raised. Are you okay, if I close the hearing? Okay. I'm going to go ahead and just read the closing statement. And then we do have just a couple other things to go over tonight. If you didn't make a comment this evening, are there still are ways to let us know what you think about what's going on. So the closing statement is just thank you for your comments and cooperation tonight. We appreciate your interest in the draft consent order for still amphis as well as the time you took to be here. As indicated at the beginning of the hearing the public comment period ends on November to 2022. all interested parties, anyone who provided comments during the comment period, and anyone who attended this public meeting will be directly notified of the final decision on this proposed consent order. The hearing is now closed. Thank you again. All right. So Aaron, you're still sharing your screen. So if you don't mind going to the next slide for me, I would appreciate that. So on the screen right now is just the other ways that you can submit a comment. So I know Congresswoman to leave said that she had some other things that she wanted to submit. She has already submitted some some to us an email. So that's perfectly acceptable way to do that. You can send us written comments. That address is just Eagle a QB and the peal box is 30260 and Lansing, Michigan, and it's 48909. And then you can just send any comments that you might have up until midnight on the second to Aaron and her email address is Moran ii@michigan.gov. Just to kind of let you know to or do we'll do a little bit of a follow up email once the recording is ready and transcribed to all of you and we will share the presentation as well. Yep, thank you for putting that in the chat. So if people need to grab that from the chat they can. It's just Aaron's email address. And then Aaron, if you can go to the next slide for me. And this is just the contact information for Aaron. Again, if you do have complaints, or you have questions about inspections, you can give Bob a call or email him directly otherwise, one of the better ways to get a hold of us quickly is just to call our pollution emergency number, which is 800-292-4706. We also have an online complaint form. I know this community doesn't necessarily use that. But that is another way for folks to be able to get a hold of us quickly if they do have concerns or complaints. On the next slide, please. Alright, just want to thank everyone again for joining us during the meeting tonight. I know as Maryann stated earlier, there's definitely other things folks would probably rather be doing and your participation in this is very valuable to us. So be looking for some follow up information from us. And, again, please submit any other comments, questions, concerns that you might have up until the second on the enforcement action. So with that being said, I hope that you have a good rest of your evening and we look forward to talking to you again soon.

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