PA group to participate in Motiva permit hearing

08/09/2006

By CHRISTINE RAPPLEYE
Beaumont Enterprise

PORT ARTHUR - A community group will be involved in a state permit hearing over a Motiva Enterprise plan that would create the nation's largest refinery.

An administrative law judge Tuesday granted Port Arthur activist Hilton Kelley and his association, Community In-power and Development, status as a party in a Dec. 11 hearing.

Judge Cassandra Church, with the Austin-based state office of administrative hearings, made the ruling and set the hearing date at a public meeting at the Port Arthur Public Library.

Lawyers for Motiva and the Texas Commission on Environmental Quality already were parties to the December hearing.

Motiva plans a $3.5 billion project that will expand the Port Arthur refinery's capacity by 325,000 barrels per day.

The facility must have a TCEQ permit before construction can start.

An additional party in the hearing must have an interest in the case "above and beyond that of the general public," Church said. "It's a long- term commitment," she said.

Kelley's attorney, Jim Blackburn, had previously met with Motiva's attorney about including the community group. No objections were raised Tuesday.

Blackburn said Kelley lives about a mile from Motiva and has health concerns about the refinery and proposed expansion.

Kelley said by phone after Tuesday's session that he will push for Motiva to reduce emissions and help with Port Arthur's west-side economic development.

The December hearing, which Motiva requested, could take a week, a company representative said. Then Church would have 60 days to write a recommendation. The TCEQ has final say on the permit.

Bert Molina, Motiva's manager of regulatory affairs in Houston, said officials went ahead and requested the December hearing, which is optional, because "we knew it would be of interest in the community."

Molina said the new facility would have reduced emissions, including those that produce ozone and would use "best available control technology" to reduce others.

However, other types of pollution, including particulate matter, sulfur dioxide, sulfuric acid, carbon monoxide and hydrogen oxide would increase, according to Motiva information from a town hall meeting Monday.

rappleye@beaumontenterprise.com
(409) 880-0727

©The Beaumont Enterprise 2006

Local group to face Motiva in court

08/08/2006

By Marilyn Tennissen
The Port Arthur News

PORT ARTHUR-- An area environmental group will be taking a major refinery to court to stop its expansion before answering all concerns about the health risks to local residents.

Hilton Kelley and the Community In-Power and Development Association is legally challenging a plan by Motiva Enterprises to build a new refinery adjacent to its existing Port Arthur facility.

A judge with the State of Office of Administrative Hearings granted Kelley and CIDA full party status in a preliminary hearing on Tuesday, which will allow the group to participate in an evidentiary hearing with Motiva and the Texas Commission on Environmental Quality now set for December.

The Office of Administrative Hearings is an independent agency that manages contested cases for agencies and conducts hearings.

By granting full party status to Kelley and CIDA, the organization will be able to participate in a hearing on merit, which is basically a trial. Attorneys for CIDA will be able to put on an evidentiary case, ask questions, cross examine witnesses and respond to discovery.

"I think things went really smoothly today, we are opening lines of communication. I think we let Motiva know that we are sincere about our efforts. Whether we can reach an agreement or not remains to be seen," Kelley said.

Kelley said the group's argument to slow the permitting process for the expansion is because both the company and TCEQ have admitted that there will be some increases in emissions, although they say other reductions will produce a net decrease.

"We are concerned about those elevated levels. This area is already in a non-attainment status from TCEQ, which means that there can be no new sources of emissions until ground level ozone is reduced," Kelley said.

"We are just making sure that Motiva is using all of the start-of-the-art equipment available and that they are really going to do what they say to protect our health."

Derek McDonald, an attorney representing Motiva, said it was Motiva that requested the Tuesday hearing.

"The company has no objections to granting the organization full party status," McDonald said. "Motiva is very confident and our application process has been very thorough. We requested this hearing because we welcome community interest and are willing to try to resolve any differences. We are eager to get to the next phase and move forward with this project."

Burt Molina, Motiva's manager of regulatory affairs, said he believes any issues raised were addressed in the application process and in the draft permit.

"We believe this is an environmentally strong project," Molina said. "We are enthused about the decrease in ozone precursors. This project will be good for the community, good for the environment and good for Motiva."

The evidentiary hearing is scheduled to begin on Dec. 11 in Austin.

"This gives us an opportunity to go through Motiva's application and get them on record saying what they are going to do to be good neighbors," Kelley said. "We are not against jobs and opportunities, but want to make sure we are safe and healthy."

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Hearing discusses issues of Motiva expansion

08/08/2006

By: BETH GALLASPY
Beaumont Enterprise

PORT ARTHUR - Motiva Enterprise's proposed expansion to more than double its refining capacity drew questions and concerns Monday night at a public hearing on a proposed Texas Commission on Environmental Quality permit required before construction can start.

"Y'all going to live down wind from it," Port Arthur resident Greg Richard asked of three Motiva representatives seated at the front of St. John Missionary Baptist Church.

Jody Henneke, director of the state agency's office of public assistance, responded that where Motiva officials live does not fall under the purview of the commission's permitting authority.

Henneke gave a similar response to other questions off the permit topic, such as the query of Warren Field, a resident of the El Vista neighborhood, about creating a buffer zone and buyout opportunities for residents near the refinery.

Motiva proposes increasing its refining capability by 325,000 barrels a day, a $3.5 billion expansion.

Despite the increased refining, the completed project would bring a net reduction in nitrous oxide and volatile organic compounds, two substances that contribute to formation of ground-level ozone, according to Motiva and agency officials. The reductions - by 70 tons a year for nitrous oxide and 28.7 tons a year for volatile organic compounds - would come from technological improvements. Emissions of benzene, a carcinogen, would be reduced by 20 percent a year, according to company plans.

"We support this permit application", said Manny Reyna of the agency's toxicology unit. He cited the reduction in emissions of benzene and those leading to ozone formation as his reasons.

Pollution from other substances would increase, though. Les Montgomery of Motiva, answering an audience question, said particulate matter would increase by 472 tons a year, sulphur dioxide by 256 tons and sulphuric acid by 22.3 tons. Also increasing would be carbon monoxide and hydrogen oxide.

Hilton Kelley of Community In-Power and Development Association said during a break that the increased pollution is a concern even if it comes from substances other than those that cause ozone.

Particulate matter and sulphur dioxide both can trigger asthma attacks in those who suffer from the disease, Kelley said. Particulate matter, which is made up of fine particles of incompletely burned material, can complicate sinus problems, he added.

"I think TCEQ is working very hard to assist Motiva with getting this permit," Kelley said. "They are missing the big picture. We are still going to see an increase of about 31 percent in pollution."

Public comment on the draft permit will be accepted by fax until noon today. The next step is today's contested case hearing, which was requested by Motiva to try to speed the process, agency officials said. After the hearing, an administrative law judge will make a recommendation on the permit to the agency's commissioners. Such a decision likely would not be made until next spring or summer, an agency attorney said.

Bert Molina, Motiva manager of regulatory affairs, said the project will use the "best available control technology".

"We believe this project is good for the community, good for the environment and good for Motiva," Molina said.

bgallaspy@beaumontenterprise.com (409) 880-0726

©The Beaumont Enterprise 2006