Final Written Testimony of Neil J. Carman, Ph.D. to Senate 7/30/02

Written Testimony of Neil J. Carman, Ph.D. - Former State of Texas Air Pollution Control Agency Regional Field Investigator of Industrial Plants Including Oil Refineries in the 1980s-1990s

Systemic State and U.S. EPA Enforcement Failures Have Resulted in Several Decades of Routine High Air Pollution Levels and Air Pollution Episodes (Excess Air Emissions), Caused by Repeated Operating Problems and Upset Incidents at Oil Refineries Reflecting a Critical Need for Increased Penalties and Aggressive Enforcement

A. Introduction and Background

My more than twenty years professional experience spent in the field investigating oil refineries and community health complaints from refinery neighborhoods and downwind residents, first working as a front line regional investigator for the state of Texas air pollution control agency and more recently serving with a grassroots environmental organization (Lone Star Chapter Sierra Club) interacting with dozens of communities in Texas and across the nation, taught me several hard and tragic first hand lessons - 1) that oil refineries are, day-after-day and week-after-week, particularly dirty manufacturing facilities spewing out a dangerous soup of dozens of toxins, known human cancer-causing agents, and assorted harmful mixtures, which are totally unknown as to their cumulative human health effects; and 2) that state and federal environmental protection agencies tend to do far too little to assist or interact with the affected communities to address their health complaints related to next door's refinery pollution. Refineries can routinely break the law and get away without fear of penalties. Problems with enforcing the clean air laws at the nation's oil refineries are systemic from the top to bottom of the regulatory hierarchy.

Local residents and their children pay a steep price for weak enforcement with their health, welfare and lives being greatly shortened the longer they live in oil refinery neighborhoods and communities while regulatory agencies are typically missing in action.

In my own agency investigative field work, in addition to refineries there were more than 200 other major industrial sources to inspect annually, so my experience is relatively broad covering an extensive range of facilities from power plants, cogeneration plants, cement kilns, natural gas processing, smelters, incinerators, chemical and petrochemical mfg, synthetic rubber mfg, fertilizer production, carbon black mfg, steel fabrication, and more. This diverse industrial investigative experience allows me to consider oil refineries in a broader regulatory context.

My first hand experiences inside oil refineries and adjacent neighborhoods for more than twenty-two years revealed that, in my opinion, the entire U.S. petroleum refining sector is ineffectively regulated partly due to quasi-legal loopholes, failed regulatory oversight, inadequate ambient air monitoring, weak air pollution standards, and worst of all-egregiously lax enforcement.

It became crystal clear that the petroleum refining sector's plants are systemically among the most polluting and dirtiest industrial facilities operating in many of the nation's urban areas emitting millions of pounds of poorly controlled air pollution; and they significantly add to the urban smog, air toxics and haze pollution gripping many of our most heavily populated cities from Philadelphia (9 refineries within or close to the Philadelphia ozone nonattainment area) to Los Angeles (13) to Houston (10) to Chicago (6) and San Francisco (5) and many other large cities (see extensive list of refinery-containing nonattainment areas for all EPA National Ambient Air Qualty Standards at the end).

For example, refineries impact New Castle County, Delaware that is part of the 14-county Philadelphia Severe Ozone Nonattainment Area, that includes parts of Delaware, New Jersey, Maryland and Pennsylvania; nine major oil refineries are located within or adjacent to the Philadelphia Ozone Nonattainment Area impacting Delaware, New Jersey, Maryland and Pennsylvania's air quality. The major cities share being in "nonattainment" status by violating one or more federal ambient air quality standards including the one-hour ground level ozone standard.

Decades of weak state enforcement and lax federal oversight have resulted in a serious failure to protect the people living in refinery communities, neighborhoods and downwind urban areas regardless of their locations. Many refinery neighborhoods are heavily populated by the poor and people of color who are among the most disenfranchised part of the urban populations. Even where enforcement efforts have occurred resulting in violations, corrective measures and fines paid, these enforcement actions have been perceived by local neighborhoods as making little difference in the air they breathe on a daily basis. Certainly there are some success stories but in the preponderance of cases, in my opinion, enforcement efforts and penalties have been far too weak and ineffective to achieve continuous compliance and clean air for the affected communities.

Serious loopholes in the federal Clean Air Act have allowed refineries to emit excessive and unsafe air pollution levels far above permitted maximum rates, if operating under permits, or above historic grandfathered rates, if operating under grandfather status. Each year refineries report thousands of harmfully high air pollution upset incidents, which are typically subjected to virtually little or no state or federal regulatory scrutiny to determine their health impacts, preventable nature or accuracy of reporting. Rarely certain particularly hazardous upset events may come under extra scrutiny if local residents have to go to the hospitals after a toxic release of hydrogen sulfide or some other harmful gaseous substance.

B. Upset Incidents and Excess Air Pollution Releases are too often Routine Events at the Nation's Refineries

Refineries routinely release large volumes of excess air emissions during upsets and accidental releases of air pollution. Evidence obtained from numerous sources and reports at EPA and state agencies reveals a pattern of operating in upset conditions. Although refineries are required to report each upset incident in terms of the cause and air pollution volume released whether the cause is a valid excuse or not, EPA and most states are often too overburdened with their normal duties to bother investigating community complaints or aggressively pursuing the refineries for potential CAA violations (such as exceedances of federal ambient air quality standards like that for sulfur dioxide). A result is that refineries are seldom or rarely prosecuted for significant infractions occurring during upset episodes or causing adverse health effects in the surrounding neighborhoods.

A major CAA loophole is the lax regulatory approach in protecting public health from frequent refinery upsets and high air pollution episodes. The reason is that the CAA does not place clear legal limitations on the following:
1) the number of upset high pollution incidents each year is not limited by law,
2) the volume of toxic air emissions a refinery can spew out per upset incident is not limited by law, or
3) the duration or length of an upset incident is not limited by law.

An informal survey was conducted of more than 22,000 violations and enforcement actions taken in Texas at industrial facilities from approximately 1982-1994 by reviewing state records. Upsets leading to violations were rare. Relatively small numbers of violations were cited for upsets (failure to report) and then only about 1% resulted in an enforcement action being taken, which was consistent over more than a decade of data reviewed. Refineries were rarely cited for violations of upset reporting requirements and usually were never taken through enforcement or fined by Texas officials. The perception among Texas refineries is that upsets are a suitable CAA loophole through which to operate their plants without regard for community impacts of the excessive pollution that may often exceed ambient air standards if agency upset evaluations were performed.

Oil refineries have had a tendency for many years to routinely suffer upset conditions. This observation comes from analysis of refinery upset information across the nation, including Delaware, Pennsylvania, Louisiana, Texas and many other refinery states. Certainly, it's likely that a majority of refinery upsets are 100% preventable by more preventive maintenance and other improvements.

See C. below: SUMMARY OF SIXTY-FIVE UPSETS - MARCH-JULY 2002 - THREE DELAWARE REFINERIES AND CHEMICAL PLANTS TOTAL = 65 reports & more than 44,500 pounds SO2 released.

See D. below: SUMMARY OF THIRTEEN UPSETS - JANUARY-MARCH, 2002 - PORT ARTHUR, TEXAS REFINERIES AND CHEMICAL PLANTS RELEASES = 3,383,365 POUNDS

See E. below: SUMMARY OF TWO UPSETS - JANUARY-MARCH, 2002 - BEAUMONT, TEXAS REFINERY AND CHEMICAL PLANTS RELEASES = 76,476 POUNDS

See F. below: U.S. EPA Region 6 Dallas Upset Study 1994-1998 - Discovered Six Oil Refineries among Top 11 Plants in Region 6 with Large Upset Emissions

See G. below: Upset Investigation Case of Crown Central Petroleum's Pasadena, Tx Refinery - Resulted in more than 15,000 Hourly CAA Violations - 1992-1999

Oil Refinery problems:
1. High annual rates of routine emissions of criteria pollutants and air toxics released from crude oil process units, feed stock/product/waste loading/unloading transfer operations, storage tanks, routine air pollution control systems, and emergency air pollution control systems.
2. Repeating and continuing accidental release (upset)and related problems.
3. Failure to report process problems and emissions.
4. Under-estimation and under-reporting of refinery problems and upset-excess air emissions.
5. Failure to properly maintain and operate continuous emissions monitoring systems.
6. Potential violations of Federal Clean Air Act laws on reporting and major NSR modifications.

State Environmental Agency failures:
1. Failure to conduct aggressive annual SIP and non-routine investigations to document violations.
2. Failure to promptly respond to and properly investigate thousands of citizen complaints.
3. Failure to conduct adequate ambient air monitoring along fence lines separating refineries from neighborhoods.
4. Failure to issue Notices of Violations when violations have occurred.
5. Failure to fully investigate discrepancies or violations regarding improper reporting.
6. Failure to take enforcement actions to enforce the law for serious and/or repeat violations.
7. Failure to pursue legal actions when administrative penalties have failed to bring continuous compliance.
8. Failure to require corrective action measures to correct repeat and/or serious violation situations.
9. Failure to seek independent review of emissions and other reporting.
10. Failure to maintain complete and accurate records.

U.S. EPA failures:
1. Weak oversight of state air programs.
2. Failure to overfile on low state penalties and enforcement actions.
3. Failure to pursue criminal violations and penalties for CAA violations.
4. Failure to require more rigorous annual plant inspections by state agencies in order to document significant non-compliance status.

C. Recent Delaware State Upset Data Reported for Two Refineries - Second Quarter 2002

Another case of refineries with recent upsets is March-July, 2002 reports for the Sun Oil's Marcus Hook refinery on the Delaware/Pennsylvania state line and Motiva's oil refinery in Delaware City, Delaware. Adding to the community air pollution burdens emitted by the Sun Oil's Marcus Hook refinery is the General Chemicals Claymont plant (next door to the Marcus Hook refinery) and so reports for this plant were also reviewed. Representative examples of persistent upset problems in 2002 at these two major refineries is consistent with continuing problems reported at many other refineries. Upsets reported for March, May, June, and July 2002. The two refineries reported approximately 54 events for roughly one-quarter reporting period and the chemical plant reported 11 more for primarily smaller volumes. Largest pollutant volume released was sulfur dioxide (SO2) and it was the most frequent pollutant reported in 34 (52%) of 65 events.

Sun Oil's Marcus Hook refinery straddles two states since it's located in New Castle County, DE and Delaware County, PA, and both counties are in the Philadelphia Severe Ozone non-attainment area (covering 14 counties in Delaware, Pennsylvania, New Jersey and Maryland). The Philadelphia Ozone Nonattainment region contains six major oil refineries. More than 350 online reports from Delaware state upset, start up and shutdown records were reviewed for the second quarter 2002.

1. Motiva Delaware City Refinery = 40 reports & more than 3,500 pounds SO2 released.
2. Sun Oil Marcus Hook refinery and chemical complex = 14 reports & more than 41,000 pounds SO2 released.
3. General Chemicals Claymont plant (next to Sun's Marcus Hook refinery) = 11 reports.

THREE PLANT TOTAL = 65 reports & more than 44,500 pounds SO2 released.

7/26/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 500 pounds SO2.
7/13/02 - Motiva Delaware City Refinery - Sulfur Dioxide - unknown quantity released.

6/30/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 500 pounds SO2.
6/27/02 - Sun Oil, Marcus Hook Refinery - Sulfur Dioxide - estimated at least 500 pounds SO2.
6/14/02 - Motiva Delaware City Refinery - Benzene - at least 10 pounds released.
6/12/02 - Motiva Delaware City Refinery - Sulfur Dioxide, Nitrogen Oxides - greater than 500 lbs SO2, greater than 10 lbs. NOx released.
6/11/02 - Motiva Delaware City Refinery - Spent Sulfuric Acid - unknown quantity spilled.
6/11/02 - Motiva Delaware City Refinery - Sulfur Dioxide - unknown quantity SO2 released.
6/10/02 - Sun Oil, Marcus Hook Refinery - Sulfur Dioxide - at least 390 lbs. SO2 released.
6/05/02 - Sun Oil, Marcus Hook Refinery - Sulfur Dioxide - at least 500 lbs. SO2 released.
6/04/02 - Motiva Delaware City Refinery - Sulfur Dioxide - unknown quantity SO2 released.
6/04/02 - Sun Oil, Marcus Hook Refinery - Flaring Sulfur Dioxide - at least 500 lbs. SO2 released.
6/02/02 - Motiva Delaware City Refinery - Sulfur Dioxide - at least 500 lbs. SO2 released.
6/02/02 - Motiva Delaware City Refinery - Sulfur Dioxide - at least 1 lbs. SO2 released.
5/30/02 - Motiva Delaware City Refinery - Nitrogen Oxides - at least 10 lbs. NOx released.
5/29/02 - Sun Oil, Marcus Hook Refinery - Sulfur Dioxide - Flaring estimated 2,380 pounds SO2.
5/27/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - estimated at least 500 pounds SO2.
5/26/02 - Motiva Delaware City Refinery - Flare exceedance - unknown quantity of emissions.
5/22/02 - Motiva Delaware City Refinery - Sulfur Dioxide - unknown quantity of SO2 emissions.
5/15/02 - Motiva Delaware City Refinery - Flaring - unknown quantity of emissions.
5/13/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - estimated at least 500 pounds SO2.
5/09/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - estimated at least 35,438 pounds SO2 in 3.5 hours.
5/05/02 - Motiva Delaware City Refinery - Flaring - known volumes released.
5/04/02 - Motiva Delaware City Refinery - Vapor Control Unit down - unknown volumes.
5/03/02 - Motiva Delaware City Refinery - Propane fire - unknown volumes released.
5/03/02 - Motiva Delaware City Refinery - Flaring - unknown volumes released.
5/02/02 - Motiva Delaware City Refinery - Vapor Recovery Unit down - unknown volumes released.

5/02/02 - Motiva Delaware City Refinery - Sulfuric Acid Plant shut down - unknown volumes released.
4/29/02 - Motiva Delaware City Refinery - Sulfur Dioxide - at least 1 pound SO2 released.
4/29/02 - Motiva Delaware City Refinery - High Opacity - unknown smoke/soot volume released.
4/27/02 - Motiva Delaware City Refinery - Flaring - unknown volumes released.
4/26/02 - Motiva Delaware City Refinery - Unit trip off line - unknown volumes released.
4/25/02 - Sun Oil Refinery-Chemical complex - Sulfur Dioxide - estimated at least 500 pounds SO2.
4/25/02 - Motiva Delaware City Refinery - Sulfur Dioxide - unknown volumes SO2 released.
4/24/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 500 pounds SO2.
4/24/02 - Motiva Delaware City Refinery - Nitrogen Dioxide - estimated at least 10 pounds NOx.
4/23/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 1 pound SO2.
4/19/02 - Motiva Delaware City Refinery - Unit start up - unknown emissions released.
4/19/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 500 pounds SO2.
4/18/02 - Motiva Delaware City Refinery - Switched to VCU - emissions unknown.
4/15/02 - Motiva Delaware City Refinery - Switched to Flare - emissions unknown.
4/14/02 - Motiva Delaware City Refinery - Sulfur Dioxide - at least 250 ppm SO2.
4/12/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 1 pound SO2.
4/12/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - estimated at least 500 pounds SO2.
4/11/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - estimated at least 500 pounds SO2.
4/11/02 - Motiva Delaware City Refinery - Flaring - unknown emissions released.
4/10/02 - Motiva Delaware City Refinery - Sulfur Dioxide - at least 1 pound SO2 released.
4/10/02 - Motiva Delaware City Refinery - Smoke, Soot and Products of incomplete combustion.
4/04/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide, Smoke, Soot and Products of incomplete combustion.
3/20/02 - Sun Oil, Marcus Hook Refinery-Chemical complex - Sulfur Dioxide - unknown volume released.
3/14/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 1 pound released.
3/14/02 - Motiva Delaware City Refinery - Nitrogen Oxides - unknown volumes released.
3/14/02 - Motiva Delaware City Refinery - Sulfur Dioxide - estimated at least 1 pound released.

GENERAL CHEMICALS CLAYMONT PLANT RELEASES:
7/02/02 - General Chemicals Claymont Plant - Extremely Hazardous? Yes - Release Location - Rail spur adjacent to the acid storage area. Substance Released - FLUOROSULFONIC ACID; SULFUR TRIOXIDE; HYDROGEN FLUORIDE, ANHYDROUS.
6/27/02 - General Chemicals Claymont Plant - Sulfuric Acid - at least 200 gallons spilled.
6/11/02 - General Chemicals Claymont Plant - Sulfur Dioxide, Sulfur Trioxide - at least 5 pounds SO2 released.
6/04/02 - General Chemicals Claymont Plant - Sulfur Trioxide - at least 1.25 pounds SO3 released.
6/01/02 - General Chemicals Claymont Plant - Sulfur Dioxide - at least 1 pound SO2 released.
5/21/02 - General Chemicals Claymont Plant - Sulfur Dioxide - at least 1.2 pounds SO2 released.
5/08/02 - General Chemicals Claymont Plant - Sulfur Trioxide - at least 1 pound released.
4/19/02 - General Chemicals Claymont Plant - Smoke, Soot & Products of Incomplete combustion released - unknown volume released.
4/15/02 - General Chemicals Claymont Plant - Hydrofluoric Acid - at least 59 pounds HF released.
4/10/02 - General Chemicals Claymont Plant - Unburned Hydrocarbons - unknown volume released.
4/08/02 - General Chemicals Claymont Plant - Smoke, Soot & Products of Incomplete combustion released - unknown volume released.

Source: Delaware state upsets with refineries for the 3rd quarter 2002:

D. Selected Port Arthur, Texas Refinery-Chemical Plant Upsets - January-March 2000 and January-March 2002

On a routine basis, dozens of oil refinery and chemical plants upsets are reported at Port Arthur, Texas both in West and East Port Arthur where large plants are located. First, during January-March 2000, upsets were reviewed for the West Port Arthur refineries and chemical plants. Study data were collected only for a three-month window and compared to anecdotal health symptoms and complaints reported by local residents. The preliminary information suggests that a close correlation exists between refinery-chemical plant emission episodes and health problems and illnesses alleged by the adjacent community, which is nearly 100% African-American. The information reveals a lax Texas regulatory response to citizen complaints of refinery pollution.

More recent evidence of serious upsets in Port Arthur, Texas can be gleaned from reviewing just a few selected incidents listed here. Thirteen selected upsets resulted in 3,383,365 pounds of excessive emissions released outside of permit limits in less than 100 days of plant operations.

1. January 1, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx.
Total release = 41,828 pounds released over 7.83-hour long upset incident. About 243 pounds of hydrogen sulfide per hour (total = 1,903#), 3,098 pounds of sulfur dioxide per hour (total = 24,257#), and 2,001 pounds of VOCs per hour (total = 15,668#) were released.

2. January 2, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx.
Total release = 471,408 pounds released over 168-hour long upset incident. About 26 pounds of hydrogen sulfide per hour (total = 4,368#), 2,479 pounds of sulfur dioxide per hour (total = 416,472#), 295 pounds of VOCs per hour (total = 49,560#) and six pounds of nitrogen oxides per hour (total = 1,008#) were released.

3. January 3, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx.
Total release = 150,941 pounds released over 2.47-hour long upset incident. About 443 pounds of hydrogen sulfide per hour (total = 1,094#), 40,905 pounds of sulfur dioxide per hour (total = 101,035#), and 3,644 pounds of VOCs per hour (total = 9,001#) were released.

4. January 4, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx.
Total release = 1,032 pounds released over 58-minute upset incident. About 1,032 pounds of sulfur dioxide per hour were released.

5. January 6, 2002. Upset self-reported by Chevron-Phillips Chemical plant, Port Arthur, Tx. Total release = 37,657 pounds released. About 23,295 pounds of Ethylene, 8,562 pounds of Nitrogen Oxide, 1,273 pounds of Propylene, 1,073 pounds of Butane, 1,032 pounds of sulfur dioxide, 809 pounds of 1,3-Butadiene, 673 pounds of Benzene, 393 pounds of Propane, 326 pounds of Pentane, 151 pounds of Acetylene, and 70 pounds of Nitrogen Dioxide were released.

6. January 11, 2002. Upset self-reported by Motiva's oil refinery, Port Arthur, Tx.
Total release = 3,669 pounds of Sulfur Dioxide were released in the upset incident.

7. January 21, 2002. Upset self-reported by BASF Corp.'s chemical plant, Port Arthur, Tx. Total release approximately = ~2,253,400 pounds. Plant experienced an upset condition during a 14-hour period with about 57,000 pounds of Benzene, 1,055,000 pounds of Ethylene, 675,000 pounds of Propylene, 462,000 pounds of Butylene, 2,200 pounds of 1,3-Butadiene and 2,200 pounds of Toluene were released.

8. January 26, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx. Total release = 102,860 pounds released over 9.67-hour long upset incident. About 9,670 pounds of sulfur dioxide per hour (total = 93,509#) and 967 pounds of nitrogen oxides per hour (total = 9,351#) were released.

9. February 19, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx. Total release = ~5,800 pounds. About 5,650 pounds of Propane and 143 pounds of Hydrogen Sulfide released during a 219-hour upset.

10. February 25, 2002. Upset self-reported by Premcor's oil refinery, Port Arthur, Tx. Total release = ~6,131 pounds. About 3,725 pounds of Sulfur Dioxide, 1,725 pounds of VOCs, 535 pounds of Carbon Monoxide, 100 pounds of Nitrogen Oxides and 46 pounds of Hydrogen Sulfide released during the upset.

11. Total February, 2002 Releases self-reported by Premcor's oil refinery, Port Arthur, Tx. Total releases = ~12,342 pounds.

12. March, 2002. Upset reported by Premcor's oil refinery, Port Arthur, Tx.
Total release = at least 300,000 pounds. About 80,000 pounds of propane/butane mix, 207,112 pounds of Sulfur Dioxide, 7,704 pounds of VOCs per hour, 2,218 pounds of Hydrogen Sulfide and 163 pounds of Nitrogen Oxides.

13. Total March, 2002 Releases self-reported by Premcor's oil refinery, Port Arthur, Tx. Total releases = ~297,197 pounds.

SUMMARY OF THIRTEEN UPSETS - JANUARY-MARCH, 2002 - PORT ARTHUR, TEXAS REFINERIES AND CHEMICAL PLANTS RELEASES = 3,383,365 POUNDS

A 2001 health symptom survey was conducted in Port Arthur and Beaumont, Texas by University of Texas toxicologist Dr. Marvin Legator, retired chairman of the UT-Medical Branch's Department of Environmental Toxicology at Galveston, Texas. Dr. Legator compared people living in housing projects in refinery communities of Port Arthur (west side) and Beaumont to a non-industrial similar population. Preliminary results show a significant difference between the health symptoms these communities report.
1. 75% of the people from Port Arthur complained of headaches and muscle aches compared to 20% in the control group
2. 80% of Port Arthur people had ear, nose and throat conditions compared to 20% in the control area.
3. 80% percent of those questioned had heart conditions and respiratory problems in refinery neighborhoods compared to 30% in non-refinery areas.

Dr. Legator's health symptoms survey has made a strong correlation between the known health effects from the emissions released by the refineries and the health symptoms reported by residents.

E. Selected Beaumont, Texas Refinery-Chemical Plant Upsets - January-March 2002

Numerous oil refinery and chemical plants upsets are reported at Beaumont, Texas where large plants are located. Exxon-Mobil operates a major oil refinery-chemical plant complex next to heavily populated neighborhoods in the city. Beaumont is located in Jefferson County, Texas along with Port Arthur and Port Neches. Further evidence of serious upsets in Beaumont, Texas can be found by reviewing just a few selected incidents listed here. Two selected upsets resulted in 76,476 pounds of excessive emissions released outside of permit limits in less than 100 days of plant operations.

1. January 1, 2002. Upset self-reported by Exxon-Mobil's Chemical plant -Olefins/Aromatics plant next to EM's oil refinery, Beaumont, Tx.
Total release = ~40,443 pounds. About 28,387 pounds of Carbon Monoxide, 5,571 pounds of Nitrogen Oxides, 2,317 pounds of Ethylene, 1,336 pounds of cyclopentadiene, 1,142 pounds of Benzene, 1,054 pounds of 1,3-Butadiene, 1,013 pounds of Ethane, and 765 pounds of Benzene released during the upset.

2. March 2, 2002. Upset self-reported by Exxon-Mobil's oil refinery, Beaumont, Tx. Total release = ~36,033 pounds. About 23,486 pounds of Carbon Monoxide, 4,609 pounds of Nitrogen Oxides, 1,834 pounds of VOCs, 1,815 pounds of Ethylene, 1,433 pounds of Toluene, 1,142 pounds of Benzene, 910 pounds of Ethane, 555 pounds of methane, 230 pounds of Para-Xylene, and 19 pounds of Acetylene released during the upset.

SUMMARY OF TWO UPSETS - JANUARY-MARCH, 2002 - BEAUMONT, TEXAS REFINERY AND CHEMICAL PLANTS RELEASES = 76,476 POUNDS

Source: State Texas Natural Resource Conservation Commission records

F. U.S. EPA Region 6 Dallas Upset Study 1994-1998 - Discovered Six Oil Refineries among Top 11 Plants in Region 6 with Large Upset Emissions

U.S. EPA Region 6 Dallas conducted an upset study in its five state territory of Louisiana, Texas, Arkansas, Oklahoma and New Mexico for the period 1994-1998. Upsets from eleven industrial plants in Texas and Louisiana accounted for nearly 50% of the upset emissions reported for the 5-year period. EPA 6 indicated that upsets at six major Texas-Louisiana refineries revealed that refineries accounted for 6 of 11 worst industrial plants in EPA Region 6 for upsets from 1994-98 and the worst of the 11 plants was a Texas refinery with 8 million pounds of excessive SO2 emissions. EPA investigated because of complaints to EPA-Petroleum Sector's Common Sense Initiative work group (NACEPT) Oil Refining members.

Within the Environmental Protection Agency's five-state Region 6, 11
facilities in two states account for half of the hazardous chemicals
released to the environment in accidental spills by chemical plants and
refineries from 1994-1998.

1. Valero Refining's oil refinery, Corpus Christi, Texas
2. Dow Chemical plant, Freeport, Texas
3. Chevron Chemical plant, Port Arthur, Texas
4. Diamond Shamrock oil refinery, Sunray, Texas
5. Lyondell/Equistar Co. chemical plant, Channelview, Texas
6. Phillips 66 oil refinery, Borger, Texas
7. Cytec Industries, Westwego, Louisiana
8. Exxon-Mobil's Oil refinery, Baton Rouge, Louisiana
9. PPG Co., Lake Charles, Louisiana
10. Shell Chemical/Motiva oil refinery, Norco, Louisiana
11. Motiva Enterprises oil refinery, Convent, Louisiana

EPA REGION 6 EPISODIC RELEASES - Comparison of Releases from Top 9 Industrial Plants to Total EPA Region 6 Area:
1994 = ~3.0 million pounds = 61% for Region 6 Releases of ~4.95 million pounds
1995 = ~4.85 million pounds = 69% for Region 6 Releases of ~8.5 million pounds
1996 = ~2.0 million pounds = 36% for Region 6 Releases of ~5.5 million pounds
1997 = ~3.3 million pounds = 90% for Region 6 Releases of ~3.7 million pounds
1998 = ~3.1 million pounds = 69% for Region 6 Releases of ~4.55 million pounds

TOP 9 PLANTS UPSET VOLUME TOTAL 1994-1998 = ~16.25 million pounds = "approximately" 50% of EPA Region 6 releases of ~27.2 million pounds.

VALERO's Corpus Christi oil refinery = 8,811,800 pounds excess air emissions 1994-98:
8.8 million pounds of 16.25 million pounds = ~50%
8.8 million pounds of 27.2 million Region 6 wide = ~32% or 1/3 of the Region 6 Excess air emissions reported.

Releases Reported to ERNS:
A = Average upsets for 1994-98 per year.
B = Average upsets reported per quarter for 1994-98.
C = 2000 January-March number of ERNS reports.

NUMBER OF FACILITY UPSETS REPORTS: A - B - C
1. Valero Refining Oil Refinery, Corpus Christi, TX 17 - 4.2 - 12.0
2. Dow Chemical, Freeport, TX 36.6 - 9.1 - 8.0
3. Shell Chemical/Motiva Oil Refinery, Norco, LA 29.6 - 7.4 - 7.0
4. Phillips 66 Oil Refinery, Borger, TX 76.0 - 19.0 - 6.0
5. Lyondell/Equistar Co., Channelview, TX 22.0 - 5.5 - 5.0
6. Exxon-Mobil Oil Refinery, Baton Rouge, LA 31.6 - 7.9 - 2.0
7. PPG Co., Lake Charles, LA 33.6 - 8.4 - 1.0
8. Motiva Enterprises Oil Refinery, Convent, LA 10.4 - 2.6 - 1.0
9. Chevron Chemical, W. Port Arthur, TX 25.6 - 6.4 - 0.0
10. Diamond Shamrock Oil Refinery, Sunray, TX 22.8 - 5.7 - 0.0
11. Cytec Industries, Westwego, LA 17.6 - 4.4 - 0.0

Source: EPA Region 6 Dallas Office and handouts at EPA-NACEPT public meetings.

G. Upset Investigation Case of Crown Central Petroleum's Pasadena, Tx Refinery - Resulted in more than 15,000 Hourly CAA Violations - 1992-1999

One Texas oil refinery experienced more than 15,000 hourly violations of the CAA between approximately 1992-1999 due to frequent upsets at the Crown Central Petroleum Oil's Pasadena, Tx refinery, according to self-reported quarterly excess emissions reports and NSPS reports submitted to the Texas Natural Resource Conservation Commission. The refinery was never ordered to temporarily shut down or disrupt its petroleum refining operations due to the routine upsets which were a continuing problem and made nearby residents ill from the high levels of Sulfur Dioxide, Hydrogen Sulfide and other air toxins being emitted at excessive levels. Information analyzed revealed the need for additional pollution controls. Fines were paid but analysis revealed that the company may have profited up to $10-20 million in extra product sales by breaking the law and only paid a fraction in fines as a result of the violations.

Source: State Texas Natural Resource Conservation Commission records

H. Air Toxic Emissions from Oil Refineries

Refineries are inherently much dirtier on average in my opinion than other urban area industrial facilities for a number of reasons and are all related to public health impacts of the fallout from the air emissions in part due to many carcinogens like benzene and other highly toxic substances:

1. HYDROGEN SULFIDE (H2S) EMISSIONS - NEUROTOXIN: Sour crude is a very dirty feed stock containing H2S gas and sulfur compounds which chemical plants do not deal with. This a prime reason why refineries stink.
2. BENZENE EMISSIONS - HUMAN CARCINOGEN: Large volumes of benzene emitted during the refining process and larger than most types of chemical plants.
3. TOTAL SULFUR COMPOUND EMISSIONS - CHRONIC AND ACUTE TOXINS: Emissions profile includes lots of toxic sulfur
compounds such as SO2, SO3, H2SO3, H2SO4, COS, CS2, H2S and others. These are all rather stinky compounds.
4. FINE PARTICLES EMISSIONS - CHRONIC AND ACUTE TOXINS: Cracking units emit large volumes of toxic PM2.5 compared to chemical plants which will have less PM2.5 and have no similar catalytic crackers.
5. CATALYSTS - ACUTE AND CHRONIC TOXINS: Catalysts contain different toxic heavy metals such as vanadium, etc. used in cracking units and alkylation catalysts such as HF or H2SO4.

6. KEY AIR TOXIC SUBSTANCES EMITTED FROM OIL REFINERIES:
Ammonia - AT, CT
Benzene - C, BD, R, CT - ***
Biphenyl - BD, CT - ***
1,3-Butadiene - C, BD, R, CT - ***
Carbon disulfide (CS2) - AT, CT - ***
Carbonyl sulfide (COS) - AT, CT - ***
Cumene - CT, N - ***
Cyclohexane - AT, CT
Diethanolamine (DEA) - C - ***
Dioxin (TCDD) - C, BD, R, CT - ***
Ethylene - CT
Ethylbenzene - BD, R, CT - ***
Hydrogen sulfide (H2S) - N, AT, CT
Hydrofluoric acid (HF) - AT, CT - ***
Mercury (Hg) - N - ***
Methyl Ethyl Ketone (MEK) - AT, CT - ***
Methyl Tertiary Butyl Ether (MTBE) - C, AT, CT - ***
Naphthalene - AT, CT - ***
Phenol - BD, AT - ***
Propylene - AT, CT
Styrene - C, M, CT - ***
Sulfur trioxide (SO3) - AT, CT
Sulfuric acid (H2SO4) - AT, CT - ***
1,2,4-trimethylbenzene - AT, CT - ***
Toluene - BD, R - ***
Xylenes - BD, R, CT - ***

AC = ACUTE TOXIN
BD = DEVELOPMENTAL TOXIN (causes birth defects)
C = CARCINOGEN
CT = CHRONIC TOXIN
M = HERITABLE MUTAGEN (causes genetic changes to DNA or genes)
N = NEUROTOXIN
R = REPRODUCTIVE TOXIN
***HAP = HAZARDOUS AIR POLLUTANT (list of 188 HAPs is from Title III of the 1990 Federal Clean Air Act Amendments signed into law November 15, 1990)

I. URBAN NONATTAINMENT AREAS - OIL REFINERY IMPACTS

Many refineries are located in nonattainment ares (69 plants) for One-Hour Ozone, PM10, CO, SO2 and lead nonattainment, maintenance areas (6 plants), and potential Eight-Hour Ozone (92 plants) and PM2.5 Near-Nonattainment areas (49 plants).

The following refinery-nonattainment area list was compiled based on U.S. EPA's 2001 nonattainment classification data for U.S counties.

Oil refineries pollute the air of more than 67 million people in over 125 US cities and areas, contributing to local air quality degradation, ozone-PM10-SO2-CO nonattainment woes, and new nonattainment problems for eight-hour ozone and PM2.5 standards

Oil refineries are major contributing sources of air quality degradation throughout the nation by releasing large volumes of harmful air contaminants, including sulfur dioxide (SO2), volatile organic compounds (VOCs), nitrogen oxides (NOx), carbon monoxide (CO), particulate matter (PM, PM10, PM2.5), and air toxics.

The 152 operating oil refineries are located in 34 states scattered across the nation and add significant volumes of criteria and toxic air emissions to those states airsheds, especially the most heavily polluted metropolitan areas called "nonattainment" regions by the EPA. Metropolitan areas (and a few rural areas) are determined to be in "nonattainment" by failing to meet one or more National Ambient Air Quality Standards (NAAQS), such as ozone (O3), PM10, SO2, CO, nitrogen dioxide, and lead.

Oil refineries are located within or close to more than 125 American cities and polluted urban areas where more than sixty-seven million people live. The result is that oil refinery's air emissions impact many of the most highly populated and heavily polluted urban areas (multi-county regions) in the nation, which are classified by the EPA as "one-hour ozone nonattainment regions."

Forty-five percent of oil refineries (69) are located in existing nonattainment areas. One-hour ozone nonattainment areas with major polluting oil refineries include the Los Angeles area ("extreme"), the New York-New Jersey-Long Island area ("severe"), the Chicago-Gary, Indiana area ("severe"), the Philadelphia-Wilmington-Trenton area ("severe"), the Houston-Galveston area ("severe"), the Sacramento area ("severe"), the San Joaquin Valley, CA area ("severe"), the Baton Rouge area ("serious"), the El Paso area ("serious"), the San Francisco Bay-Richmond area ("moderate"), the Beaumont-Port Arthur, TX area ("moderate"), and others.

Nine metropolitan areas violate two or three EPA air standards and five of them such as the Los Angeles (O3, CO and PM10), Chicago (O3, SO2 and PM10), and New York (O3, PM10 and CO) areas possess local oil refineries making major contributions to those nonattainment problems for SO2, CO and PM10 plus ground level ozone (formed by emissions of VOCs and NOx).

In addition, the EPA will soon move forward to fully implement the new eight-hour ozone and PM2.5 NAAQS standards, and cleaning up oil refineries is important since so many are located in metropolitan areas with excessive eight-hour ozone and fine particulate matter (PM2.5) levels.

Preliminary data indicates that 61% of refineries (92) are located in potential new-nonattainment areas for eight-hour ozone and 35% (53) are in potential PM2.5-fine particle nonattainment areas. Clearly cleaning the air in these polluted nonattainment and near-nonattainment US cities can not be accomplished without cleaning up aging oil refineries.

Cleaning up old, dirty large refineries has so far played a key role in efforts to attain cleaner air in large metropolitan areas that are in ozone, CO, SO2 and/or PM10 nonattainment, plus including several more cities designated attainment for ozone but are under maintenance plans.

The EPA's New Source Review (NSR) process has aided local steps in a big way to make progress to reduce urban smog and haze problems since the 1970s when many refineries began seeking modern upgrades and expanding their business through permits under NSR issued with the help of state agencies. Eventually, however, EPA discovered that states were not catching enough of the oil refinery NSR violators and that up to 80% of the refineries had violated the CAA by performing major upgrades and expansions resulting in more smog-forming air pollution without first obtaining the proper permits requiring installation of best air pollution control technology.

Refinery # - One-hour Ozone Nonattainment Areas with 41% of US refineries (63):
13 - Los Angeles area ("extreme")
10 - Houston-Galveston area ("severe")
9 - Philadelphia-Wilmington-Trenton area ("severe")
6 - San Francisco Bay-Richmond-Martinez area ("moderate")
5 - Chicago-Gary, Indiana area ("severe")
5 - Beaumont-Port Arthur, TX area ("moderate")
5 - San Joaquin Valley, CA area ("severe") 3 - New York-New Jersey-Long Island area ("severe")
2 - Sacramento area ("severe")
2 - El Paso area ("serious")
1 - Baton Rouge area ("serious")
1 - Santa Barbara area (???)
1 - Albany-Schenectady-Troy, NY ("marginal")

# - Eight-Hour Ozone Near-Nonattainment Areas Exceeding the New EPA Eight-Hour Ozone Standard with 61% of US refineries (92):
13 - Los Angeles area
10 - Houston-Galveston area
9 - Philadelphia-Wilmington-Trenton area
6 - San Francisco Bay-Richmond-Martinez area
5 - Chicago-Gary, Indiana area
5 - Beaumont-Port Arthur, TX area
5 - San Joaquin Valley, CA area

3 - New York-New Jersey-Long Island area
3 - Lake Charles, LA area
3 - St. Charles Parish, LA area
2 - Sacramento, CA area
2 - El Paso, TX area
2 - Salt Lake City area
2 - Tulsa, OK area
2 - Toledo, OH area
2 - Mobile County, AL area
2 - St. Bernard Parish, LA area
1 - Plaquemine Parish, LA area
1 - St. John the Baptist Parish, LA area
1 - St. James Parish, LA area
1 - East Baton Rouge Parish, LA area
1 - West Baton Rouge Parish, LA area
1 - Santa Barbara , CA area
1 - Detroit, MI area
1 - Vicksburg, MS area
1 - Pascagoula, MS area
1 - Lima, OH area
1 - Canton, OH area
1 - Memphis, TN area
1 - Indianapolis, IN area
1 - Mount Vernon, IN area
1 - Tyler, TX area
1 - San Antonio, TX area

# - One-hour Ozone, PM10 and CO Nonattainment Areas with 18 refineries:
13 - Los Angeles area ("extreme")
3 - New York-New Jersey-Long Island area ("severe")
2 - El Paso area ("serious")

# - One-hour Ozone, PM10 and SO2 Nonattainment Areas with 5 refineries:
5 - Chicago-Gary, Indiana area ("severe")

# - One-hour Ozone and PM10 Nonattainment Areas with 7 refineries:
5 - San Joaquin Valley, CA area ("severe")
2 - Sacramento area ("severe")

# - SO2 and PM10 Nonattainment Area with 2 refineries:
2 - Salt Lake City area

# - SO2 Nonattainment Area with 2 refineries:
1 - Warren County, PA
1 - Yellowstone County-Laurel area, MT

# - PM10 and Lead Nonattainment Area with 1 refinery:
1 - St. Louis

# - PM10 Nonattainment Area with 1 refinery:
1 - Kingman, Az

# - Ozone Maintenance areas currently in attainment with 6 refineries:
2 - Toledo, OH
1 - Canton, OH
1 - Memphis, TN
1 - Detroit, MI
1 - Tacoma, WA

# - Potential PM2.5 Nonattainment Areas with 35% of refineries (53):
13 - Los Angeles area
10 - Houston-Galveston area
9 - Philadelphia-Wilmington-Trenton area
6 - San Francisco Bay-Richmond-Martinez area
5 - Chicago-Gary, Indiana area
5 - San Joaquin Valley, CA area
3 - New York-New Jersey-Long Island area
2 - Sacramento, CA area

Source: U.S. EPA public information and records