PACE International Union and Ponca Indian Tribe Initiate Legal Action Against Continental Carbon for Air Pollution Violations

Oklahoma Department of Environmental Quality Accused of Failure to Enforce the Law

OKLAHOMA CITY, April 15 -- The Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE) and representatives of the Ponca Indian Tribe charged Taiwanese-owned Continental Carbon Company with violations of the Clean Air Act at its Ponca City, Okla., facility.

The company was served today with a "Request for Investigation and Notice of Alleged Violations and Intent to Sue." The "Notice" is a required prerequisite to a federal lawsuit that citizens can bring against pollution violators when government agencies fail to enforce the law. Also served were Continental Carbon's Taiwan-based parent companies, China Synthetic Rubber Corp. and Taiwan Cement Corp.

The citizens have repeatedly accused the Oklahoma Department of Environmental Quality (DEQ) of not enforcing environmental laws and of environmental racism for siding with Continental Carbon.

"Government officials would never tolerate this same pollution in their own communities," said Ron Sherron, director of the Ponca Office of Environmental Management.

According to PACE, DEQ's Executive Director Steven Thompson and other agency staff have refused recent requests to meet with the representatives of the citizen groups and ignored an invitation to attend an April 8 public hearing sponsored by the Ponca Tribe. The EPA sent four representatives to the hearing and both the Oklahoma attorney general's office and the state environmental secretary agreed to follow up with meetings in the near future.

PACE and the Ponca Tribe believe the alleged violations endanger the environment and the health of people working in the plant and living nearby. The alleged violations include the company's failure to comply with specific permit provisions and other authorizations, and with failing to control carbon black emissions that enter people's homes and coat their property. The "Notice" served on the company covers a five-year period.

PACE and the Ponca Tribe may seek civil penalties of up to $25,000 per day per violation, injunctive relief to stop future violations, and recovery of expert and attorney fees, said attorney Rick Lowerre, who represents the groups in this action.

All three of Continental Carbon's plants in the United States are the subject of environmental lawsuits. The plant in Phenix City, Ala., is being sued by the City of Columbus, Ga., and local businesses that suffer from air pollution.

Continental Carbon's parent companies are controlled by the Koo's Group of Taiwan. The Koo family is one of Taiwan's richest and also controls Chinatrust Bank, which operates 18 branches in the United States.

PACE International Union represents over 320,000 workers in the oil, chemical, pulp and paper, pharmaceutical, atomic, kaolin, auto parts and corn milling industries. The Ponca Tribe has over 2,500 members with 1,750 living in the Ponca City Area. For further information on Continental Carbon's environmental problems, see www.fightbackonline.org .