Activists request all emissions be calculated
08/03/2005
By: RACHEL STONE
The Beaumont Enterprise
Port Arthur activists in Austin asked Tuesday for tougher restrictions on refineries and chemical companies that release hazardous emissions.
The Texas Commission on Environmental Quality conducted the first of four hearings on a rule change that would narrow some loopholes for "upset," or unpermitted, air emissions.
Under the current rules, certain upset emissions aren't calculated under companies' permitted emissions.
Emissions that are part of startup and shutdown activities are exempt from permitted emissions, said Luke Metzger, executive director of the Texas Public Interest Research Group.
When companies release emissions accidentally, they can use an affirmative defense, he said.
"All they have to do is say 'I did everything I could to prevent it, but it happened,' and then they don't have to be subjected to penalties," said Denny Larson of the National Refinery Reform Campaign.
Under the proposed rule change, companies could use an affirmative defense for all upset emissions, but none would be exempt, he said.
The rule change doesn't go far enough, said Hilton Kelley, founder of the Port Arthur-based Community In-Power and Development Association Inc.
He'd like to see companies fined for any emissions beyond their permits, he said.
"There's a lot of pollution that's being released that's not calculated," Kelley said.
Kelley and the association's assistant director, Tashiica Miles, testified before the TCEQ panel Tuesday.
More than 9.4 million pounds of hazardous emissions from 1,126 upset events were released in Port Arthur in 2004, according to a study based on TCEQ data that was released by watchdog group Public Citizen Tuesday.
The agency took disciplinary action in fewer than 75 of 7,500 upset emissions reported to the agency in 2004, the study found.
In Beaumont, upset emissions decreased from 36.7 million pounds per year in 2003 to 22.5 million in 2004, according to the TCEQ.
"The TCEQ has made major efforts in the past few years to reduce emissions from emission events, and we have achieved some major results," agency spokesman Terry Clawson stated in a media release.
Representatives from BASF Fina Petrochemical, Exxon-Mobil Corp., Motiva, Premcor Refining Group and Total did not returned calls seeking comment Tuesday.
Hearings also are set for Wednesday in Arlington, Thursday in the Houston City Council chambers at 901 Bagby St., and Friday in Corpus Christi.
rstone@beaumontenterprise.com
(409) 833-3311, ext. 450
The Beaumont Enterprise, 2005
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