James Yskamp

https://youtu.be/4PAdUxRd7QE

Smoke and Mirrors: Environmental Attorney James Yskamp on the Truth Behind Chemical Recycling

we sit down with James Yskamp, a senior attorney with Earthjustice, to unravel the dangerous myth of “chemical recycling.” Often framed as a cutting-edge green solution to the plastic crisis, these facilities—also known as pyrolysis or gasification plants—are little more than toxic incinerators in disguise.

James brings years of legal experience and personal connection to fracked communities in Pennsylvania, offering both technical insight and lived perspective on how industry deception, regulatory gaps, and environmental injustice collide in the Ohio River Valley.

Pyrolysis and the "Minor Source" Loophole

At the center of this episode is a hard truth: many pyrolysis and chemical recycling facilities are permitted as “minor sources” of pollution under the Clean Air Act—a designation that allows them to avoid serious emissions monitoring and federal oversight.

“These plants are burning plastic,” James explains. “They're emitting dioxins, benzene, vinyl chloride—all known carcinogens. But because they stay just below the regulatory threshold, there’s often no continuous monitoring, and the public has no idea what’s coming out of the stacks.”

He walks us through the playbook used by developers: break a large project into smaller modular units, label each one as a minor source, and evade the stricter permitting process that would normally apply to major polluters.

“This is not an accident,” says James. “It’s an intentional strategy, and it’s happening right now across Appalachia.”

Altera and Akron: A Case Study in Greenwashing

The discussion zooms in on Altera, a pyrolysis facility in Akron, Ohio. Despite emitting dioxins and other toxics, it has operated under a minor source permit with minimal oversight since 2021.

“There was no siting analysis. No meaningful public participation. The community didn’t even know what was being built,” says James. “And now they’re trying to renew their permit using a flimsy recycling exemption—one they haven’t even demonstrated compliance with.”

Akron’s East Side, where Altera is located, is a historically overburdened Black community already surrounded by chemical infrastructure. James emphasizes that the location is no coincidence.

“These are sacrifice zones,” he says. “This is how environmental racism works.”

The Dangerous Expansion of Chemical “Recycling”

Chemical recycling isn’t a new technology—but the rhetoric surrounding it is. Industry groups have rebranded incineration as “advanced recycling,” backed by lobbying campaigns and state legislation that classify these operations as manufacturing rather than waste disposal.

“States like Ohio and West Virginia passed laws saying these aren’t incinerators,” James notes. “But federal law still says they are. That’s the only thing keeping these facilities from completely escaping regulation.”

What’s worse, new facilities are often built with public subsidies, minimal rent, and political support based on false promises of jobs and innovation.

“This is smoke and mirrors,” James says. “And we’re watching it become institutionalized under the guise of green progress.”

The Legal Gaps That Fuel the Crisis

James details how cumulative impacts are ignored in permitting processes, how communities struggle to prove harm due to lack of emissions data, and how legal language is often inaccessible to the very people it’s supposed to protect.

“We ask people to participate in public comment periods, but we don’t explain the rules,” he says. “Then when they raise concerns, they’re dismissed because their comments don’t check the right legal boxes. It’s broken by design.”

A Precautionary Future—If We Demand It

Toward the end of the conversation, we ask James what real reform might look like.

His answer? A radical shift in how we think about harm.

“We need to flip the burden. Industry should have to prove their operations are safe before they’re built—not after communities are already exposed.”

He advocates for incorporating the precautionary principle into U.S. law and giving legal rights to the environment, similar to protections recognized in other countries.

Until then, it’s up to watchdog organizations, grassroots groups, and everyday citizens to hold the line.

What You Can Do

The Altera facility in Akron is currently undergoing a permit renewal process, and the public has a crucial opportunity to weigh in.

The Akron Regional Air Quality Management District (ARAQMD) will make a recommendation to the Ohio EPA about whether the permit should be issued. According to ARAQMD’s Laura Miracle, there is no set timeframe for this decision, so public pressure is essential.

To submit a public comment,

Refer to Permit Number P0133062, and send your statement either:

Online or

By mail to:

Laura Miracle, ARAQMD Summit County Public Health

1867 W. Market St., Akron, OH 44313

Groups like People Over Polymers and Big Love Network are also mobilizing around this issue—reach out to them to get involved or attend public hearings.

Conclusion

Smoke and Mirrors lays bare the truth behind pyrolysis and chemical recycling—a truth few communities see until it’s too late. Through James Yskamp’s testimony, we see how legal loopholes, misleading terminology, and weak enforcement allow toxic facilities to masquerade as solutions.

And yet, the tools for change remain in our hands. Public comments. Community pressure. Legal action. Education.

Speak up now—because by the time the stacks are built, the damage is already done.

For more episodes and to take action, visit Ohio Valley Allies. Share this story. Talk to your neighbors. Get it on the record.

The future of clean air depends on it.

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Citations for claims made in episode One

https://ohiorivervalleyinstitute.org/reports/

All Talk and No Recycling: An Investigation of the U.S. 'Chemical Recycling' Industry

https://www.no-burn.org/all-talk-and-no-recycling-an-investigation-of-the-u-s-chemical-recycling-industry/

Chemical Recycling Is a Toxic Trap

https://www.nrdc.org/resources/chemical-recycling

A dangerous Deception

https://www.beyondplastics.org/publications/chemical-recycling

Air Pollution Loophole Puts Communities in Danger

https://earthjustice.org/press/2023/epa-closes-loopholes-companies-use-to-release-unlimited-air-pollution-during-malfunctions

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