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Proposed Oil Refinery Permits Violate Federal Law |
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Written by Jesse Marquez
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Friday, 28 November 2008 |
The South Coast Air Quality Management District (AQMD) has initiated a
new oil refinery and petroleum industry permit program under the
Federal Clean Air Act Title V Permit program, which mandates a public
review process, including a public hearing upon request. There are no
organizations in the AQMD experienced in the Title V Permit process,
and few nationwide. The Coalition For A Safe Environment (CFASE) began
to research the Title V Permit legal requirements in order to prepare
public comments on the proposed permits in the Los Angeles and Long
Beach Harbor Communities. CFASE is the only non-profit organization
attempting to review each petroleum industry permit.
In conducting our research the Coalition discovered that the AQMD has been violating the new federal law adopted in the late 1990’s. The AQMD was approved to issue Title V Permits as of Nov. 30, 2001 and the law requires Title V Permits to be issued within 3 years.
The Coalition’s research has disclosed that the AQMD has intentionally delayed issuing Title V Permits to oil refineries and petroleum related industries who are one of the largest toxic air pollution sources in the harbor area and the south coast district. In addition to oil refineries that refine crude oil into fuels, there are smaller asphalt manufacturing oil refineries, specialty gas refiners, port oil & fuel bulk loading terminals, oil company oil & fuel bulk loading distribution facilities and fuel storage tank facilities. CFASE estimates that there may be over 30 different facilities scattered throughout the AQMD territory.
Title V requires the new permit to contain all air quality pollution control requirements for parts, equipment, systems and processes, along with emissions monitoring, testing and data reporting, as well as disclosure and compliance to any mandatory legal court stipulations. It further requires inclusion of all state legal requirements, such as California’s stricter air quality, public health and public safety standards.
To date, CFASE has submitted 11 public comment documents opposing the approval of the new Title V Permits, because not one complies with all of the legal requirements of Title V. In our research we printed out the annual emissions reporting data for each facility from the year 2000 – 2006, other facility information and found the following:
a. Categories of criteria pollutants (carbon dioxide (CO)*, nitrate oxides (NOX)) increased every year.
b. Categories of toxic pollutants (formaldehyde, hexane, hydrogen sulfide, benzene**) increased every year.
c. Numerous years no data was reported by facilities.
d. Numerous years the number of chemicals data reported varied significantly from 13-48.
e. Numerous years AQMD failed to issue notices of violations.
f. Numerous years AQMD failed to issue notices to comply.
g. Facilities failed to maintain accurate emission records.
h. Facilities failed to adequately monitor emissions.
i. Permits failed to require the best available pollution control technologies.
j. Permits failed to require the best available emissions monitoring equipment.
k. Permits failed to reduce & minimize public exposure to toxic air emissions.
l. Permits included health risk assessments which were old & outdated.
m. Permits failed to include a certificate of compliance.
n. Permits failed to include a certificate of truthfulness.
o. Permits failed to include parts, equipment and systems efficiency data.
p. Permits failed to include a green house gas emissions reduction plan.
q. Permits require inadequate source testing of air pollutants.
r. Permits fail to adequately protect highly impacted environmental justice communities.
* CO is a major global warming green house gas source
** Benzene is a cause of leukemia, lymphoma, myeloma, anemia
A review of storage tank permit data revealed that they are currently permitted to vent out to the atmosphere, instead of incorporating a 100% closed-loop vapor recovery capture system. A review of the AQMD Flare Rule 1118 revealed that no facility is in compliance, nor does the rule does comply with Title V.
The public cannot allow the AQMD to illegally circumvent the law, continue to endanger the lives of residents. AQMD has been issuing permits to oil refineries allowing them to release thousands of tons of highly toxic and deadly chemicals yearly that cause leukemia, lymphoma, myeloma, anemia, asthma, cardio-pulmonary diseases and numerous other health problems. We cannot allow new permits to continue a trail of blood legacy that will impact our children’s health and lives forever.
We ask that concerned residents contact Jay Chen at AQMD
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or 909-396-2664 and ask to be placed on the mailing list and submit public comments demanding that all hazardous air pollutants be reduced to insignificant levels.
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