Risks vs. benefits of proposed Lockport plant


An India-based plastics company is seeking to build its first U.S. plant in the Town of Lockport, despite strong objections from environmental groups who argue such a facility could harm human health and the environment.

But the plant’s potential ecological impact isn’t the only issue up for debate: The firm wants tax breaks, and could further benefit from a limited environmental review.

SRI CV Plastics Inc. is seeking $500,000 in subsidies, including $311,856 from the Lockport Industrial Development Agency, to build a $2.3 million, 14,000-square foot factory in the Lockport Industrial Park.

The firm’s CEO, Varunkumar Velumani, said he plans to also seek low-cost hydropower from the New York Power Authority. His facility may also be eligible for additional tax credits from Empire State Development Corp.

The firm is also likely to avoid most of the state’s environmental review requirements. Decades ago, the Lockport IDA completed what’s called a Generic Environmental Impact Statement for its industrial park, meaning companies that locate there must complete only a limited review, rather than a full Environmental Impact Statement. A limited review would save SRI CV Plastics time and money.

Other industrial park tenants, like Yahoo!, Exel Inc. and Bison Bag have previously benefited from the limited environmental review.

The Lockport IDA will hold a public hearing on Velumani’s subsidy application Thursday at 8 a.m.

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The facility would receive new and recycled plastic to create PVC pipes and food packaging, like produce containers used by grocery stores. The plant would hire 25 workers — 20 full-time and five part-time — that would  pay between $35,000 and $60,000 annually. The subsidies work out to $22,222 per job.

“I’m creating a job and without plastic a human cannot live at the moment in this part of the world. Without plastic you cannot live your life,” Velumani told Investigative Post,

Watchdogs, though, warn that even a plant working with recycled plastics will use so-called virgin plastic, which is a product of oil and gas drilling.  

Velumani’s proposal has generated more angst than most IDA projects.

Sixty-two organizations from across New York signed a June 29 letter to the Lockport IDA asking the board to reject the company’s application. Signatories included the National Resource Defense Counsel, the Clean Air Coalition of Western New York, the New York Public Interest Research Group, and Judith Enck, a former regional administrator for the Environmental Protection Agency and head of the group Beyond Plastics

“This is the last kind of facility you want to be attracting to your community,” Enck said.

Variety of subsidies

In his IDA application, Velumani noted that he chose the Lockport Industrial Park because labor costs will be cheap and regulations few. And if he doesn’t win the tax breaks, he said he’ll take his enterprise elsewhere.

The subsidies Velumani is seeking include:

  • $227,816 in property breaks over a 15-year period.
  • $59,040 in sales tax exemptions.
  • A $25,000 mortgage tax break.

Without the tax breaks, Lockport schools would collect about $288,000 in property taxes. Instead, the schools would receive $115,000 in payments-in-lieu-of-taxes. Similarly, Niagara County would collect nearly $92,000 in property taxes without abatements, but would instead collect only $36,800.

Jacob Whiton of the national subsidy watchdog group Good Jobs First said the company could benefit from state and federal programs that allow pollution control equipment to depreciate in value rapidly, meaning firms have to pay less tax.

“It’s a tax break for just complying with the law,” he said.

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Velumani said he’s seeking the subsidies “to scale up very quick.”

“The subsidy helps us to boost the business by other [means] than putting our own money,” he said. “If we get a good subsidy we can create a number of jobs.” 

In his application, Velumani noted that he is seeking a total of $500,000 in subsidies. His application does not name specific subsidies besides the IDA tax breaks.

Subsidies for the fracking and plastics industries aren’t rare. Pennsylvania, in fact, granted its largest-ever tax subsidy to Shell’s ethane cracking plant, valued at $1.6 billion over 25 years. The Erie County IDA has subsidized various plastics manufacturers over the years, and Invest Buffalo Niagara advertises a suite of tax breaks for plastics companies.

Enck said IDAs shouldn’t grant such subsidies.

“It’s one thing if a company wants to come in on their own dime and try to go through a process to site a facility like this,” she said. “It’s another thing for public subsidies to be used to support a facility like this.”

Limited environmental review

A Lockport official said SRI CV Plastics would likely be able to avoid preparing a full Environmental Impact Statement under New York’s State Environmental Quality Review Act. That’s because the Lockport IDA already completed a Generic EIS, meaning the company would only have to conduct a limited review of the plastics plant.

“Typically, as long as it’s in accordance with that EIS, they don’t have to reopen SEQR,” said Andrew Reilly, the longtime town planner who now works with Lockport on a contract basis. “SEQR only has to be done once.”

That could save SRI CV Plastics hundreds of thousands of dollars – perhaps even more. 

On its IDA application, the company noted that it had not yet begun an environmental assessment.

In stating their opposition, environmental groups cited a 2022 poll showing 80 percent of American voters support reducing single-use plastics. The groups also noted a 2023 survey that found 73 percent of Americans don’t want new plastic production facilities.

Velumani’s proposal comes as New York lawmakers have enacted measures to curb the use of plastic and reduce carbon emissions. A ban on plastic bags used by stores took effect in 2020. The Climate Leadership and Community Protection Act has resulted so far in the state laying out plans for future legislation to slow climate change. 

And this year, lawmakers introduced legislation that, if passed, would ban plastics made with polyvinyl chloride — the chemical set ablaze earlier this year in East Palestine, Ohio — and reduce the use of other plastics.

Impacts of plastic, fracking

The plastics industry uses byproducts of fracking, or hydraulic fracturing. That’s the process of injecting water and chemicals into underground shale formations to extract methane.

Ethane, a byproduct of fracking the Marcellus Shale formation found in New York, Pennsylvania, Ohio and West Virginia, is “cracked” to make plastic. 

A 2017 Yale study found fracking releases 20 chemicals into the air associated with causing cancer. Pennsylvania residents have complained of poor air quality and respiratory issues tied to the ethane plant near Pittsburgh. 

Meanwhile, microplastics can harm both humans and wildlife.

“There are concerns with plastic having impacts on various hormonal functions within body systems that can have long term reproductive … endocrine system, immune system response issues in human beings and wildlife,” said Matthew Mehalik, executive director of the Pittsburgh-based Breathe Project, which monitors the fracking industry in the region. “So plastic itself is a problem.”

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Some 1,000 fracking wells across Pennsylvania, Ohio and West Virginia feed into the Falcon Ethane Pipeline, which ends at Shell’s Ethane Cracker plant in Beaver County, Pennsylvania, outside of Pittsburgh. Shell processes ethane into plastic pellets called nurdles, which are later melted down and formed into plastic products. 

Velumani said he will likely import Shell’s nurdles into Lockport.

Though it’s been in full operation for less than a year, Shell has already faced a lawsuit and state rebuke for violating air quality regulations.

While Velumani said he plans to use his Lockport facility to process recycled plastic into new products, he said he’ll also need “virgin” plastic from Shell or a similar Exxon Mobile facility — though Shell’s plant is closer. He said the plastic products he’ll make — PVC pipe and food packaging — will likely consist of 70 percent recycled plastic and 30 percent virgin plastic.

It’s not yet clear what air or water permits Velumani will need. A spokesperson for the state Department of Environmental Conservation said the agency has not received an applications from SRI CV Plastics. 

Terry Burton, Velumani’s attorney, suggested the plant may not need “special pollution permits” because there will be “no venting of toxic fumes in the air” and the water used to cool the plastic will “not [be] discharged” but rather “recirculated.”

However, Enck, the former EPA administrator, said some negative impacts on human health and the environment are likely.

“You could breathe in microplastics. It also may get into drinking water,” she said. “There has been real concern for workers who work every day with vinyl chloride and PVC plastic. 

“The large companies that work with this material have had some pretty serious environmental law violations and some pretty serious occupational health issues.”

Velumani, in defending his proposal, said there are “other polluters in Lockport” and dismissed  concerns that his plant could harm residents, employees or the environment.

“It’s like a kitchen, when you produce something, it creates some kind of smoke and some kind of smell that’s negligible for the environment,” he said. “It’s not explosive.”

The post Risks vs. benefits of proposed Lockport plant appeared first on Investigative Post.

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May 2024

Political cartoons from the desk of Matt Wuerker.

Adams talks protest busting

With help from Shawn Ness

New from New York

Happening now:

  • Mayor Eric Adams talked about the reasons why it was time to break up the protests on college campuses.
  • New York has a new secretary of state that will need state Senate approval.
  • New York City's budget is getting bigger and bigger.
  • Why Attorney General Tish James and her colleagues are suing the NCAA.
Mayor Eric Adams this morning showed reporters a chain that was used to barricade a door during college protests in New York City.

DEMS DEFEND CAMPUS CRACKDOWN: The police were not just arresting pro-Palestinian protesters at Manhattan colleges Tuesday night, but protecting “children” from “outside agitators,” Mayor Eric Adams said, defending the NYPD in a round of media appearances this morning.

“This is a global problem, that young people are being influenced by those who are professionals at radicalizing our children,” Adams said at a press conference with police Wednesday morning. “And I’m not going to let that happen as the mayor of the city of New York.”

Adams declined to elaborate on who the agitators were. And while it’s not in question that some of the people protesting at campuses were not students, the NYPD’s main evidence today — that protesters who seized a building used thick bike locks favored by students — was roundly mocked online.

The police actions were the largest mobilizations yet of New York City police in response to recent pro-Palestinian protests on college campuses. Adams emphasized that Columbia University and City College both formally requested the NYPD’s help responding. Protesters at Columbia had seized and barricaded an academic building on campus, and City College, they set up tents and occupied a main lawn on campus.

The NYPD said 173 people were arrested at City College, and 109 were arrested at Columbia on Tuesday night.

Leading Democrats, including Gov. Kathy Hochul and House Minority Leader Hakeem Jeffries, backed up the high profile police responses.

"As far as I can tell, the efforts by the NYPD were thorough, professional, and they exercised the degree of calm in a very tense situation that should be commended,” Jeffries said at a press conference today, POLITICO’s Nicholas Wu reported.

“The rest of the campus, they should not be living in fear because you're claiming an exercise of your rights,” Hochul said at a separate media availability. “But that's what was starting to happen on our campuses over the last couple of weeks.”

But New York Civil Liberties Union Executive Director Donna Lieberman said reports of police closing blocks of the city, pepper spraying protesters and throwing them to the ground showed the response was “counterproductive and downright dangerous.”

“While other campuses across the country have engaged demonstrators in productive dialogue, at Columbia and City College last night the NYPD responded instead with intimidation and violence. — Jeff Coltin

Former Assemblymember Walter Mosley was picked by Gov. Kathy Hochul to be the next secretary of state. He now awaits Senate confirmation.

SENDING OUT AN SOS: Former Assemblymember Walter Mosley is Hochul’s choice to become the next secretary of state for New York, her office announced today.

“The Department of State plays a critical role implementing a broad array of government services, from the Downtown Revitalization Initiative to the Office for New Americans,” Hochul said in a statement.

“Walter Mosley’s public service in the New York State Assembly and his years of leadership in his community have given him the skills and experience necessary to lead this Department into the future.”

The Democratic assemblymember represented Brooklyn in the Assembly from 2013 to 2021 and lost a primary to Phara Souffrant Forrest.

If confirmed by the state Senate, Mosley would replace Robert Rodriguez in the post. Rodriguez was nominated last month to become the president and CEO of the state Dormitory Authority.

I am deeply honored to be chosen by Governor Hochul to serve as Secretary of State,” Mosley said. “My career has been focused on finding ways to make government work for the people, and I am thrilled to take on this pivotal role in state government.” Nick Reisman

The Citizens Budget Commission released a new report showing how much New York City's spending has increased since 2020.

BUDGET WATCHERS: The Citizens Budget Commission wants to remind New York City residents just how much the Adams administration has been spending.

The budget for the fiscal year beginning July 1 is on track to increase city spending by more than 6 percent compared to the current year, according to a report from the business-backed fiscal watchdog.

The increase would be even more pronounced if around $2.2 billion for programs the city is likely to spend money on — but have not been included in the plan — is factored into the equation.

The growth is part of a broader trend. Between 2020 and this summer, the city’s spending is projected to balloon 26 percent, outpacing inflation by more than 43 percent.

And even if migrant spending were excluded, spending growth would still be up 21 percent over the same time period, roughly $15 billion, the report found. — Shawn Ness

A new report found that only 12 percent of registered voters in New York City voted in the last primary and general elections.

ELECTION TURNOUT TROUBLES: Less than 13 percent of registered voters in New York City participated in the elections, according to a new report from the New York City Campaign Finance Board.

To increase turnout, the report recommends two policies: one that would host local elections in even numbered years, and another that would create a civic engagement fellowship program to expand voter outreach programs.

New York has a law on the books that will move most local elections to even numbers years to correlate with state and federal races, but it doesn't apply to New York City and is facing legal challenges.

The goal, Democrats say, is to increase voter turnout, but Republicans contend it's a way for Democrats in party to further hurt the GOP in a state with twice as many Democrats than Republicans.

“New York City’s democracy is only as strong as the share of the city that participates. Even with 82 percent of eligible New Yorkers registered to vote, we have a long way to go until voting and full civic participation are accessible to every single New Yorker,” Paul Ryan, the executive director of the board, said in a statement.

In the two most recent elections in the city, only seven percent of voters participated in the primary and 12.8 percent in the general election, despite 81 percent of eligible voters being registered, the group said. — Shawn Ness 

JAMES SUES NCAA: The state Attorney General's Office is joining efforts with a multistate coalition to sue the NCAA for policies that prevent student athletes from earning money and benefits from their “name, image and likeliness.”

Attorney General Tish James said the policy prevents student athletes from looking at compensation offers before enrolling at a school, which keeps them from fully understanding their options before deciding where to go for college. Other states listed on the lawsuit include Tennessee, Florida, District of Columbia and Virginia.

“New York student athletes are some of the best in the country, and they should be able to make decisions about their athletic career without restrictions,” Attorney General Letitia James said in a statement.

“The NCAA’s NIL rule limits college athletes’ potential and restricts competition among universities — that’s not fair game. Student athletes should be able to call the shots on their career fairly and evenly.” — Katelyn Cordero 

On the campaign trail

Micah Lasher is running for Assembly in the 69th district.

HOCHUL FUNDRAISING FOR LASHER: Hochul will attend a swanky fundraiser for Upper West Side Assembly candidate Micah Lasher tonight. The affair is being hosted by Dan Doctoroff, a former deputy mayor under Michael Bloomberg and former CEO of Bloomberg L.P.

Lasher was previously Hochul’s top policy adviser and worked for Bloomberg earlier in his career. He faces a four-way primary, with public defender Eli Northrup, a Working Families Party candidate, likely to be his most formidable challenger.

The 69th District seat, which includes the embattled Columbia University, is currently held by Assemblymember Danny O’Donnell. He is retiring after representing the area for 20 years. While other big names like Rep. Jerry Nadler, Manhattan Borough President Mark Levine and former NYC Comptroller Scott Stringer have endorsed Lasher, O’Donnell still hasn’t announced support for a candidate in the race.

While O’Donnell has shied away from commenting on Columbia’s protests, Lasher commented on the unrest in a statement to Playbook.

“The situation has been heart-breaking in so many ways,” he said. “At this point I only hope that the Columbia community can find a way forward.”

Earlier today, Northrup called the deploying of the NYPD Tuesday evening a “wholly disproportionate response.”

The tickets to attend the 6:30 pm fundraiser range from $1,000 to $3,000.

“I couldn’t be more honored to have two of my former bosses, Dan Doctoroff and Governor Hochul, along with Alisa Doctoroff, teaming up to give our campaign a boost as we enter the home stretch,” Lasher said in a separate statement.

Northrup blasted Lasher for the fundraiser.

“My opponent is clearly ideologically aligned with our governor and will continue to be influenced by big money and special interests, rather than being accountable to our community,” Northrup said. “We need elected officials that work with and for the people — not career politicians who are disconnected from the issues we're facing." Jason Beeferman

— Protesters gathered outside NYPD headquarters after they arrested nearly 300 protesters at Columbia University and CUNY College Tuesday evening. (State of Politics)

The Department of Investigations probe of an Adams adviser is now expanding to include his role with NYPD personnel and promotional matters. (Daily News)

— Students at SUNY Stony Brook’s encampment were warned they might have to move to another location. (Newsday)