Myth vs Fact

Myth: New-Indy purchased the mill with an improperly maintained wastewater treatment system and did not realize the extent of the issues until 2021.

Fact: New-Indy’s consultants conducted an environmental review of the mill and property when it was purchased in December 2018, including the wastewater treatment system. New-Indy then used the wastewater treatment system while it produced white paper from January 2019 until beginning the process of converting to brown linerboard in September 2020. That process was completed in February 2021, when the noxious air pollution from the wastewater treatment system became a major odor problem for the community. New-Indy’s consultants have acknowledged that the wastewater treatment system was still in very poor condition upon startup of the brown paper process roughly two years after New-Indy acquired the mill.

Myth: New-Indy voluntarily brought its stream stripper back into service in May 2021 to strip methanol from the foul condensate.

Fact: DHEC required New-Indy to take action to remedy its unlawful air pollution, including bringing the steam stripper back into service, after finding the odor from the mill was “injurious to the welfare and quality of life.” The steam stripper is also intended to treat much more than methanol. It is intended for the treatment of total reduced sulfides (TRS), including dangerous chemical compounds like hydrogen sulfide and methyl mercaptan that have been present in the mill’s foul condensate and wastewater since it was constructed.

Myth: Air emissions from the mill have been and are now at safe levels.

Fact: New-Indy is using limited data to imply that its emissions have always been at safe levels. They have shared hydrogen sulfide concentrations using data from the time period beginning in May 2021 once the steam stripper was back up and running, but they left out data from the months it was not. Data collected by EPA in April 2021, for instance, shows hydrogen sulfide concentrations in the community as much as five times more than the level that EPA considers safe. New-Indy has also exceeded its fenceline limit for hydrogen sulfide on several occasions since the steam stripper was placed back into service, and sweet-smelling chemical compounds emanating from the mill continue to blanket the community.

Myth: The new sweet chemical smell coming from New-Indy is not dangerous.

Fact: Our experts believe that the new smell is coming from the foul condensate generated by New-Indy. The steam stripper is undersized, so approximately 300,000 gallons of unstripped foul condensate is being discharged every day to the wastewater treatment system. Although the unstripped foul condensate is being chemically treated by New-Indy in an attempt to reduce the anount of hydrogen sulfide and TRS, other irritating, sweet-smelling, and potentially dangerous chemical compounds are not being removed and are being emitted into the community’s air.

Myth: New-Indy is taking responsibility for the pollution and fixing it.

Fact: New-Indy initially claimed the air pollution and smell wasn’t from their mill until EPA and DHEC ordered them to take corrective action, and they continue to deny responsibility. Noxious and potentially toxic odors coming from New-Indy’s mill continue to plague the community.

This information is provided by Interim Co-Lead Class Counsel in the New-Indy emissions litigation:
Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico, Richard A. Harpootlian of Richard A. Harpootlian Law Firm, P.A. and T. David Hoyle of Motley Rice LLC

The legal team appointed as Interim Co-Lead Class Counsel is co-counsel with:
Gary V. Mauney of Mauney PLLC, Thomas E. “Tommy” Pope and Ben P. Leader of Elrod Pope Law Firm P.A. and Leon E. Stavrinakis of Stavrinakis Law Firm LLC