Orion accused of air violations

82 flaring episodes ‘excessive,' EPA says

08/16/02

By Mary Swerczek
River Parishes bureau/The Times-Picayune

The Environmental Protection Agency has slapped New Sarpy's Orion Refining Corp. with a notice of violations to the Clean Air Act, including excessive flaring over a two-year period.

Orion says the alleged violations, some of which were discovered during November 1999 inspections, stem from restarting the refinery in 1998 after years of inactivity.

"It's start-up issues," company spokeswoman Joy Patin said.

Industry officials say flares, the large flames designed to burn off noxious gases during various production procedures, are environmentally safe and designed to prevent accidents.

The EPA sent Orion a nine-page listing of infractions on July 23. Local residents were told of the action during a meeting with EPA officials this week, Concerned Citizens of New Sarpy President Dorothy Jenkins said Thursday.

The notice called Orion's 82 flaring incidents between March 1999 and February 2001 "excessive," saying the company released about 1,300 tons of sulfur dioxide into the air.

During most of the flaring incidents, the company released more than 500 pounds of sulfur dioxide, the amount that requires the company to notify the state, EPA Compliance, Assurance and Enforcement Officer John Jones said. He said the company did notify the state, but that the amount of flaring has raised concerns with EPA.

Even though it's legal for plants to release that much sulfur dioxide in certain circumstances, "if it happens excessively it raises questions," Jones said.

Jenkins said flaring is one of the worst things about living near industry.

"When they're flaring like that, you don't even need a light on in your house," she said.

Other violations EPA alleged include:

-- The company may have operated at least 83 emission units -- heaters, boilers, cooling towers and oil/water separators -- without permits when it restarted the plant in 1998.

-- Failure to conduct performance testing on a charge heater.

-- Equipment leaking volatile organic compounds into the air.

-- Open hatches that allowed benzene to be released into the air.

No penalty has been issued, although the maximum fine is $27,500 per day for each violation, Jones said.

"We're at an early point here," he said. "A notice of violation is the first step."

Jones said typically a company will have a meeting with the EPA to discuss the findings, although that meeting hasn't been set up yet. Orion said it has been working with the EPA for the past 18 months on the plant's start-up issues.

"We are surprised and disappointed that the EPA released this notice on matters that Orion believes have long since been addressed and certainly do not represent current operations," Orion said.

Jenkins said the EPA notice will renew nearby residents' request for the plant to buy their homes and pay for them to move. "I want to be relocated, because too much happens around here and you don't know anything about it," she said. "I think it's awful people have to go through this."

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Mary Swerczek can be reached at mswerczek@timespicayune.com or (985) 652-0959.

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