Refinery Reform Campaign

News Advisory February 12, 2003

Contact: Denny Larson, RRC: 800-670-3841 or
Hilton Kelley, CIDA: 409-498-1088 or
or Eric Schaeffer, EIP: 202-588-5746

Citizens Charge State Environmental Agency and Premcor Refinery with Civil Rights Violation Over Pollution Increases

'Smoking Gun' Internal Memos Show Agency and Refinery Conspiracy to Deny Public's Right to Know

(Port Arthur, TX) Citizen groups and the former top EPA Enforcement Official charged a Texas Environmental agency with conspiring with the troubled Premcor refinery to deny the public's right to hearings on proposed pollution increases. The groups are preparing a civil rights complaint against the refinery and the Texas Commission on Environmental Quality (TCEQ) over the dispute.

"The actions of the TCEQ and Premcor are a clear violation of the civil rights of their African-American neighbors, who were seeking a public hearing of their concerns", said Hilton Kelley, founder of the Community In-power and Development Association (CIDA). " It is shocking to see to what lengths that Premcor and our so-called Environmental Commission will go to avoid the rights of refinery neighbors."

"Last year, accidents at the Premcor refinery dumped hundreds of tons of sulfur dioxide on Port Arthur neighborhoods. Instead of cracking down, Texas is loosening the reins by allowing Premcor to increase its emissions by hundreds of tons without a public hearing", said Eric Schaeffer, a former EPA enforcement chief now with the Environmental Integrity Project of the Rockefeller Family Fund. "Changes the Bush Administration made to the Clean Air Act on New Year's eve will make it easier for companies to increase pollution without telling their neighbors."

Internal Texas Commission on Environmental Quality (TCEQ) memos obtained by Public Citizen in Austin, reveal that while CIDA and 500 residents of Westside Port Arthur had made written requests for public meetings on a proposed expansion permit at the Premcor refinery with the TCEQ, the agency was taking directions from the refinery to avoid any public input.

"This is a clear case of the tail wagging the dog where the agency worked with the refinery with carry out a secret strategy to rob citizens of their rights", said Denny Larson of the Texas based Refinery Reform Campaign. "This is a clear violation of the civil rights of citizens who want a stronger voice in cleaner air and a healthier community."

PREMCOR REFINERY TIER II PERMIT HISTORY 2002
PORT ARTHUR, TX

TIMELINE JANUARY -MAY 2002

January 2002	Premcor applies for permit to build new units and tanks with over 500 tons of additional emissions from current levels to reduce sulfur content in gasoline.

Feb. 12, 2002	TNRCC memo to Premcor: "getting ready to send out draft permit for comments."

Feb. 13, 2002	Premcor memo to TNRCC: "Thank you for the speed in which this permit has developed.I don't mean to rush."

Feb. 20, 2002	TNRCC memo to Premcor: "got notification from Chief Clerk we have received a hearing request in response to the PN (public notice). Unfortunately, this throws us into the hearing procedures loop do we grant the request or not?"

Feb. 21, 2002	Premcor memo to TNRCC: "Do you have time to talk to Mr. Kelley?"

April 8, 2002	Premcor/TNRCC Meeting Agenda: Permitting Strategy for Tier II Low Sulfur Gasoline History of Tier II Permitting: Early Success Citizen involvement and the Premcor Response Current Situation New Permit Strategy: Retain existing application Focus of strategy = streamlined authorization mechanism (flex amendment) for 'mission critical' Tier II gasoline project No public notice No public hearing Meet existing construction schedule (mid May start).

April 11, 2002	Premcor hand delivers Permit amendment to TNRCC. Morris Carter, Premcor, writes: "the schedule for this project is extremely critical and Premcor must be in a position to commence construction by May 10, 2002."

May 13, 2002	Internal TNRCC memo to staff: "Subject: Rush project coming. Rush project for Premcor refinery that's coming your way working on the RFC and should have it to you within the hour."

May 14, 2002	TNRCC interoffice memo: "RUSH project need ASAP: Please have one of the modelers perform an audit on this project."

May 17, 2002	TNRCC issues Premcor permit amendment for refinery expansion without a public notice, without public comment, and without a public meetings!