BUFFALO, N.Y. (WKBW) — Goodyear Niagara Falls is making immediate changes to how much of a cancer-causing chemical it is emitting in the surrounding community. Emissions of ortho-toluidine, linked to bladder cancer in humans, are being lowered by a factor of three.
This comes weeks after our 7 News I-Team reporting explained Goodyear was releasing a plume of this chemicalof up to seven times the current standard. That standard was set in 2021.
DEC Interim Commissioner Sean Mahar says the plume mapping his agency has is a worst case scenario projection.
Mahar: It's not the actual real world scenario that we're seeing play out here.
Drantch: Does DEC have mapping for real world scenarios?
Mahar: Well, that's what we build and are going to continue to require the company to do as they put in new emission controls, to take additional sampling and then we'll know and have a better understanding of how this facility is operating under these new measures that we're requiring.
Drantch: So to be clear, are you saying that there is no risk to the public right now, based on the emissions of ortho-toluidine from Goodyear?
Mahar: Based on the evidence that I've seen and in review with our air quality experts and the New York State Department of Health, there is no risk to the community from what the levels we're seeing.
Drantch: So if Goodyear is lowering their emissions of ortho-toluidine by a factor of three, how much is necessary to create a risk?
Mahar: Again, I would have to have our air quality experts in the State Department of Health explain how they look at air concentration guideline values and how that is interpreted from a risk based standpoint.
Mahar could not offer any specific evidence that chemical emissions are not threatening the community, even though his own department issued a Consent Order and fined Goodyear $15,000 last month. This order mandates Goodyear make changes to emission controls.
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Drantch: DEC has allowed Goodyear to pile on what's already been emitted into the air up until this point.
Mahar: No, because we have had these institutional controls in place and we have been holding them accountable for that, and have built that into the permitting process.
Drantch: They're only now changing course.
Mahar: Well, because we have required them to change course
Drantch: Years later.
Mahar: As the standards change as the conditions change, our enforcement and regulations change to make sure that we're meeting those requirements and that a facility is meeting those requirements.
Mahar says the state acted "aggressively" against Goodyear. But correspondence between Goodyear and the DEC, obtained by the 7 News I-Team shows, this process has been going on for years.
DEC sent a letter to Goodyear, alerting them to violations, in July 2023. Only now, January 2025, is Goodyear being forced to take action.
"What you're seeing is our enforcement actions play out and driving those or that compliance with our regulations," Mahar said.
Drantch: But if that's true, and if that's actually the case, why did it take so long for DEC to issue a consent order against Goodyear?
Mahar: Well, there's a process that we have to undertake.
Drantch: I don't mean to low brow here, but DEC acted quicker when it came to a porn star's squirrel than it did with Goodyear.
Mahar: No, I think those are two different scenarios, and obviously our enforcement changes depending on the situation we're presented with.
In late October, DEC raided a home outside Elmira, seizing a pet squirrel from Mark Longo. He made the squirrel famous on social media.
Longo, an OnlyFans performer, said days later the squirrel had been euthanized.
Mahar said this is not an apples to apples comparison, explaining DEC took appropriate action against Goodyear, despite the two years between notice of violation and enforcement.
Drantch: Where is the disconnect here?
Mahar: Well, I don't think there's a disconnect. It's a step-wise approach to enforcement on a facility. As our rules and regulations change, we evaluate the permits that those rules apply to and make sure that they're meeting those standards. There are times where we have to work discretely, directly with that company to get those actions put in place before we can tell the community exactly what we're holding them accountable for.
Drantch: Well, how unfair is that to a community that is dealing with toxic air emissions?
Mahar: Well again, it's not unfair to community. Really, what we're trying to do is show that we are using all the tools in our toolbox to hold the facility accountable.
The 7 News I-Team has reached out to the State Department of Health, trying to gather some sort of proof that the community is not at risk. After back and forth emails, a spokesperson finally told the 7 News I-Team,
DEC’s air modeling results provide a map of highly conservative emission concentrations in the community surrounding the facility. Based upon this information, and as previously stated, we estimate that potential ambient air represent a low risk to the community.
Goodyear says it is committed to making the investments and implementing the actions outlined in the agreement with the DEC. A spokesperson goes on to say interim equipment will be installed and operational within two months.
