1000 Vermont Avenue, NW Suite 1100 Washington, DC 20005 Main: 202-296-8800 Fax: 202-296-8822 www.environmentalintegrity.org

May 25, 2016

Honorable Arthur A. Elkins, Jr. Inspector General EPA Office of Inspector General 1200 Pennsylvania Avenue, NW (2410T) Washington, DC 20460

Re: Upset Emissions and High Priority Violations

Dear Mr. Elkins, We write to respectfully request your review of recent changes to EPA’s enforcement policy defining high priority violations of the Clean Air Act. Under the revised policy announced on August 15, 2014, by the Office of Enforcement and Compliance Assurance, violations would have to persist for at least seven days to be considered a high priority for enforcement action. This change would exclude very large emission spikes that result from malfunctions or other events and threaten air quality in neighborhoods, simply because they do not last more than a week. For example, on August 9 last year, the Shell Deer Park refinery in Houston released more than 300,000 pounds of 1,3-butadiene, a potent carcinogen, from a pressurized vessel in just 55 minutes. That is twice the combined total amount of butadiene emissions that all Texas refineries reported to the Toxics Release Inventory in 2014. Consistent with the new policy, this release has not been designated a high priority violation on EPA’s “ECHO” website. On October 6 and 16, 2015, over 80 national, state, and local environmental organizations signed the attached letter to Assistant Administrator Cynthia Giles asking that OECA reconsider its position and providing multiple examples of short term incidents releasing very large clouds of carcinogens like benzene, butadiene, and ethylene oxide, as well as sulfur dioxide, particulates, and catalyst fines. To date, we have received no response to our letter. While EPA’s Office of Air and Radiation is currently requiring states like Texas to close loopholes for emissions caused by malfunctions, maintenance, startup, or shutdown, OECA’s decision to simultaneously assign a low priority to these events requires some explanation. We are particularly concerned about the impact that these “upset” emissions have on the health and well-being of neighborhoods downwind. The attached chart identifies the number of people living within three miles of each of 14 plants reporting large emission events in 2015 lasting less than a week. Although the affected population varies from one site to the next, nearly half the

Page 1 of 22 combined total live below the poverty line, 57% are Latino, and 11.7% African American. Nearly one third are children, who are more sensitive to pollutants that cause cancer or trigger asthma or other lung diseases. Even brief exposures to many of the kinds of toxins in refinery emissions have been found to increase the risk of impaired fetal development, contributing to infant mortality and long term health consequences from premature birth or birth defects. The demographic data was obtained from EPA’s “ECHO” website, while the emission episodes were identified through reports filed online with the Texas Commission on Environmental Quality at http://www2.tceq.texas.gov/oce/eer/. OECA’s website defines environmental justice as: “…the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies…Fair treatment means no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies.” To meet these goals, OECA promises that “community concerns will be considered in the decision-making process,” and that, “decision-makers will seek out and facilitate the involvement of those potentially affected.” We do not understand how those commitments were honored in OECA’s recent decision to treat “short term” emission events as a lower priority for enforcement, no matter how much or how dangerous the pollution released. Even more disturbing is the lack of any real enforcement response to plants that are designated high priority violators, either because their emission events persist for months or have violated some other provision of the Clean Air Act. For example, emission events at the Keystone Gas plant in Winkler County, Texas, released more than 27,000 tons of sulfur dioxide between 2009 and 2014. The state’s response is limited to a $9,118 fine, or about 34 cents for every ton of illegal emissions released by this facility. Yet each additional ton of sulfur dioxide from stationary sources in Winkler County adds nearly $600 in public health costs, according to estimates from the Air Pollution Emission Experiments and Policy Analysis (APEEP). We have attached a chart with five year upset emissions from 10 gas plants in Texas, along with the number of enforcement orders issued and penalties paid, and the APEEP estimate of human health costs per ton of sulfur dioxide released. We respectfully ask that your review address the following questions: 1) What is OECA’s basis for assigning a low priority to episodes that release large amounts of carcinogens or other dangerous pollutants in less than seven days? What impact will that have on the drafting and enforcement of new standards to eliminate loopholes for emissions caused by malfunctions, maintenance, startup, and shutdown?

2) Does OECA’s decision to exclude emission events lasting less than a week comply with the environmental justice criteria posted on its website?

Page 2 of 22 3) Has the enforcement response by EPA or TCEQ to these violations – however they are classified – adequately reflected their potential for harm or helped to deter repetition of these incidents? Thank you for your considering our request. If you have questions or need more information, please feel free to contact me.

Sincerely,

Eric Schaeffer Executive Director Environmental Integrity Project 1000 Vermont Avenue NW, Suite 1100 Washington, DC 20005 [email protected] (202) 263-4440

Emma Cheuse John Walke Staff Attorney, Clean Air Director, Earthjustice Natural Resources Defense Council [email protected] [email protected]

Patrick Gallagher Bruce Baizel Director, Environmental Law Program, Energy Program Director, Sierra Club Earthworks [email protected] [email protected]

Anne Rolfes Hilton Kelley Founding Director, Founder / Director, Community Louisiana Bucket Brigade In-power & Development Association Inc [email protected] [email protected]

Adrian Shelley Karen Feridun Executive Director, Founder, Air Alliance Houston Berks Gas Truth [email protected] [email protected]

Page 3 of 22 Louis Zeller Rebecca Roter Executive Director, Chairperson, Blue Ridge Environmental Defense League Breathe Easy Susquehanna County [email protected] [email protected]

Jane Williams Anne Havemann Executive Director, General Counsel, California Communities Against Toxics Chesapeake Climate Action Network [email protected] [email protected]

Ellen Rendulich Ed Oles Director, Citizens Against President, Ruining the Environment Citizens to Preserve Ligonier Valley [email protected] [email protected]

Joseph Otis Minott, Esq. Ricardo Pulido Executive Director and Chief Counsel, Executive Director, Community Dreams/ Clean Air Council CFASE Board Member [email protected] [email protected]

Ronald J. Gulla Cynthia Babich Consultant, Director, Damascus Citizens For Sustainability Del Amo Action Committee [email protected] [email protected]

Jim Schermback Luke Metzger Director, Director, Downwinders at Risk Environment Texas [email protected] [email protected]

Jon D. Jacobs Carrie Hahn Member, Organizer, Fracking Truth Alliance Environmental Action Center of Lawrence and Mercer Counties, PA [email protected] [email protected]

Page 4 of 22 Josh Fox Michael Hansen Filmmaker, Executive Director, Gasland Gasp [email protected] [email protected]

Gloria Rivera Cathy Lodge Coordinator, Co-Founder Great Lakes Bioneers Detroit Residents Against the Power Plant [email protected] [email protected]

Alma Hasse Josh Kratka Executive Director, Idaho Concerned Area Senior Attorney, Residents for the Environment – ICARE National Environmental Law Center [email protected] [email protected]

Douglas Meiklejohn Joel A. Mintz Executive Director, Professor of Law, Nova Southeastern New Mexico Environmental Law Center University College of Law [email protected] [email protected]

Gillian Graber Tom “Smitty” Smith President, Director, Protect PT Public Citizen’s Texas Office [email protected] [email protected]

Brian P. Urbaszewski Larysa Dyrszka, MD Director, Environmental Health Programs, Co-founder, Sullivan Area Citizens for Respiratory Health Association Responsible Energy Development [email protected] [email protected]

Robin Schneider Juan Parras Executive Director, Executive Director, Texas Environmental Texas Campaign for the Environment Justice Advocacy Services [email protected] [email protected]

Page 5 of 22 Rena Steinzor Michael Murphey-Corb, PhD Professor, Professor Emeritis, University of Maryland Carey Law School University of Pittsburgh School of Medicine [email protected] [email protected]

Thomas O. McGarity Dr. Brian Moench Long Chair in Administrative Law, President, University of Texas School of Law Utah Physicians for a Healthy Environment [email protected] [email protected]

Jan Milburn Julie Archer President, Project Manager, Westmoreland Marcellus Citizens Group WV Surface Owners’ Rights Organization [email protected] [email protected]

cc: Cynthia Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance Phillip Brooks, Director, Air Enforcement Division Matthew Tejada, Director, Office of Environmental Justice

Page 6 of 22 Attachment 1: 2015 Emissions and Demographic Data from Select Facilities in Texas Demographic Data3 Total Number of Race Breakdown Emissions Minors Facility County Zip Code Pollutant Emission Living in Asian/ Other/ 1 (lbs) from Population (< 17 African Hispanic American Events 2 Poverty White Pacific Multiracia Events years old) American Origin Indian Islander l Amerada Hes Seminole Gas Gaines 79360 Sulfur Dioxide 17 1,614,422 2,249 30% 33% 88% 1% 31% 0.1% 0.4% 10% Processing Plant Ascend Performance Materials Brazoria 77512 Acrylonitrile 2 9,997 179 6% 11% 92% 1% 10% 0% 2% 6% Chocolate Bayou Plant

BASF Total Fina Nafta Region Benzene 1 13,065 Jefferson 77642 24,772 39% 26% 68% 14% 28% 4% 0.5% 14% Olefins Complex Ethylbenzene 1 1,978 Blanchard Refining Galveston Galveston 77590 Catalyst Fines 2 230,737 38,488 38% 27% 59% 25% 31% 1% 1% 14% Bay Refinery Particulate Matter 4 514,700 Borger Refinery Hutchinson 79008 6,145 49% 30% 73% 6% 39% 0.3% 2% 19% Sulfur Dioxide 1 33,000 1,3-Butadiene 7 8,968 Dow Texas Operations Freeport Brazoria 77541 13,936 47% 33% 67% 11% 60% 0.5% 1% 21% Benzene 7 18,149 Formosa Point Comfort Plant Calhoun 77978 1,3-Butadiene 3 18,081 749 28% 27% 84% 1% 31% 7% 1% 7% Goldsmith Gas Plant Ector 79741 Sulfur Dioxide 24 1,660,669 263 52% 21% 88% 1% 19% 0% 2% 10% Houston Plant Harris 77017 1,3-Butadiene 2 15,279 129,255 59% 32% 60% 7% 82% 3% 1% 30% Huntsman Port Neches Jefferson 77651 Ethylene Oxide 3 29,260 40,586 27% 24% 82% 8% 10% 4% 0.5% 5% James Lake Gas Plant Ector 79741 Sulfur Dioxide 12 1,279,678 264 52% 21% 88% 1% 19% 0% 2% 10% Pasadena Refining Sytem Harris 77506 Particulate Matter 2 71,371 74,153 57% 34% 70% 3% 83% 0.4% 1% 26% Port Arthur Refinery Jefferson 77640 Sulfur Dioxide 2 221,573 22,289 21% 27% 21% 60% 26% 4% 1% 15% 1,3-Butadiene 2 311,640 Shell Oil Deer Park Harris 77536 12,571 16% 28% 85% 1% 27% 1% 1% 12% Sulfur Dioxide 2 111,017 Total Population Exposed 365,899 177,967 110,143 234,604 43,388 210,582 7,741 2,662 77,505 1,2 Select emission events from 2015 lasting less than 7 days each. Includes events that release toxic pollutants, more than 10,000 pounds of particulates or catalyst fines, or more than 20,000 pounds of sulfur dioxide per event. See Attachment 2 for specific event information. 3 Demographic data from U.S. EPA ECHO database, and represents populations within a 3 mile radius of the facility. https://echo.epa.gov/

Page 7 of 22 Attachment 2: Short-Term Emission Events: Examples from Texas Duration Amount Name County RN Report # Event Began Pollutant (hrs:min) Released (lbs) 225251 1/3/2016 72:00 Sulfur Dioxide 168,291 224900 12/21/2015 47:00 Sulfur Dioxide 115,628 221560 10/13/2015 13:02 Sulfur Dioxide 23,562 221368 10/8/2015 18:00 Sulfur Dioxide 40,575 220583 9/22/2015 12:18 Sulfur Dioxide 99,117 217577 7/20/2015 32:45 Sulfur Dioxide 262,703 217440 7/16/2015 4:11 Sulfur Dioxide 36,090 216398 7/6/2015 81:54 Sulfur Dioxide 40,874 215732 6/13/2015 3:30 Sulfur Dioxide 72,892 Amerada Hess Seminole Gas Processing Plant Gaines 103758470 215632 6/10/2015 69:38 Sulfur Dioxide 27,121 215140 6/2/2015 56:45 Sulfur Dioxide 263,318 214087 5/13/2015 108:05 Sulfur Dioxide 52,473 213602 5/5/2015 15:10 Sulfur Dioxide 76,017 213513 5/4/2015 79:54 Sulfur Dioxide 30,490 211161 3/10/2015 62:17 Sulfur Dioxide 72,920 209589 2/1/2015 9:11 Sulfur Dioxide 43,769 209312 1/26/2015 119:37 Sulfur Dioxide 329,809 208820 1/15/2015 72:15 Sulfur Dioxide 27,064 Ascend Performance Materials Chocolate Bayou 220355 9/18/2015 36:00 Acrylonitrile 1,319 Brazoria 100238682 Plant 218858 8/12/2015 47:55 Acrylonitrile 8,678 Benzene 13,065 BASF Total Fina Nafta Region Olefins Complex Jefferson 100216977 212758 4/15/2015 121:45 Ethylbenzene 1,978 Other HAPs 7,313 Bilbo-Frodo Production Facility McMullen 107811747 213697 5/6/2015 24:00 Sulfur Dioxide 372,473 220348 9/17/2015 114:20 Catalyst Fines 14,257 Blanchard Refining Galveston Bay Refinery Galveston 102535077 208455 1/13/2015 22:54 Catalyst Fines 216,480 217030 7/12/2015 127:30 Particulate Matter 334,000 215969 6/17/2015 8:35 Particulate Matter 25,200 Borger Refinery Hutchinson 102495884 215727 6/13/2015 40:30 Particulate Matter 143,000 215142 6/2/2015 36:59 Particulate Matter 12,500 211623 3/21/2015 131:15 Sulfur Dioxide 33,000 1,3-Butadiene 319 219065 8/19/2015 26:00 Benzene 542 Other VOCs 34,192 1,3-Butadiene 1,088 218061 8/8/2015 156:00 Benzene 853 Other VOCs 49,884 1,3-Butadiene 1,484 217273 7/17/2015 59:00 Benzene 8,912 Other VOCs 60,454 1,3-Butadiene 410 Dow Texas Operations Freeport Brazoria 100225945 216997 7/8/2015 64:40 Benzene 913 Other VOCs 22,927 1,3-Butadiene 1,922 210215 3/5/2015 65:00 Benzene 2,961 Other VOCs 103,544 1,3-Butadiene 1,003 209798 2/5/2015 13:42 Benzene 1,407 Other VOCs 25,791 1,3-Butadiene 2,742 207797 1/8/2015 71:00 Benzene 2,561 Other VOCs 83,296 Butadiene 4,076 219879 9/9/2015 18:15 Other VOCs 35,482 1,3-Butadiene 10,333 Formosa Point Comfort Plant Calhoun 100218973 210551 2/23/2015 29:40 Other VOCs 42,167 1,3-Butadiene 3,672 208841 1/20/2015 11:10 Other VOCs 15,287 224935 12/23/2015 33:06 Sulfur Dioxide 117,715 224704 12/18/2015 14:55 Sulfur Dioxide 105,871 224147 12/9/2015 18:55 Sulfur Dioxide 90,384 224148 12/9/2015 18:55 Sulfur Dioxide 80,665 221086 10/2/2015 13:00 Sulfur Dioxide 153,245 Fullerton Gas Plant Andrews 100218684 221009 10/1/2015 7:04 Sulfur Dioxide 28,997 220311 9/16/2015 46:00 Sulfur Dioxide 180,030 217575 7/21/2015 58:03 Sulfur Dioxide 229,485 215373 6/5/2015 4:37 Sulfur Dioxide 20,238 208006 1/2/2015 51:55 Sulfur Dioxide 273,171

Page 8 of 22 224979 12/26/2015 22:00 Sulfur Dioxide 194,133 222448 10/31/2015 7:23 Sulfur Dioxide 55,653 222451 10/31/2015 7:13 Sulfur Dioxide 28,840 225020 10/27/2015 16:00 Sulfur Dioxide 49,906 221563 10/12/2015 3:11 Sulfur Dioxide 24,339 218864 8/14/2015 6:29 Sulfur Dioxide 21,911 218694 8/12/2015 9:30 Sulfur Dioxide 72,507 216861 7/6/2015 2:45 Sulfur Dioxide 23,199 216109 6/20/2015 6:30 Sulfur Dioxide 233,937 216106 6/20/2015 7:40 Sulfur Dioxide 46,085 215717 6/13/2015 7:15 Sulfur Dioxide 25,932 215558 6/10/2015 3:54 Sulfur Dioxide 24,811 Goldsmith Gas Plant Ector 100222330 214291 5/16/2015 17:30 Sulfur Dioxide 100,332 212961 4/21/2015 8:54 Sulfur Dioxide 22,507 210666 2/25/2015 8:59 Sulfur Dioxide 29,890 210214 2/16/2015 15:30 Sulfur Dioxide 176,620 209740 2/4/2015 2:16 Sulfur Dioxide 39,248 209525 1/30/2015 10:00 Sulfur Dioxide 201,832 209702 1/30/2015 80:00 Sulfur Dioxide 62,315 209386 1/28/2015 46:59 Sulfur Dioxide 26,294 209347 1/27/2015 2:52 Sulfur Dioxide 41,711 208357 1/11/2015 43:56 Sulfur Dioxide 39,685 208039 1/3/2015 24:00 Sulfur Dioxide 46,900 207954 12/31/2014 24:06 Sulfur Dioxide 72,110 1,3-Butadiene 11,784 218679 8/11/2015 6:03 Other VOCs 79,656 Houston Plant Harris 100219526 1,3-Butadiene 3,495 219097 8/10/2015 130:30 Other VOCs 23,534 Howard Glascock Sour Gas Injection Facility Howard 107089328 216157 6/17/2015 49:00 Sulfur Dioxide 143,952 222170 10/26/2015 72:00 Ethylene Oxide 12,627 Huntsman Port Neches Jefferson 100219252 218781 8/13/2015 15:00 Ethylene Oxide 12,938 210781 3/1/2015 0:33 Ethylene Oxide 3,695 225328 12/14/2015 33:45 Sulfur Dioxide 76,725 222257 10/21/2015 39:00 Sulfur Dioxide 105,499 219592 8/29/2015 54:00 Sulfur Dioxide 136,125 217499 7/17/2015 62:00 Sulfur Dioxide 366,832 212258 4/1/2015 12:00 Sulfur Dioxide 36,546 212259 3/27/2015 9:30 Sulfur Dioxide 22,566 James Lake Gas Plant Ector 107088759 211456 3/11/2015 42:00 Sulfur Dioxide 130,899 210714 2/26/2015 10:20 Sulfur Dioxide 22,331 210655 2/24/2015 40:00 Sulfur Dioxide 123,329 210552 2/22/2015 31:30 Sulfur Dioxide 65,268 210072 2/8/2015 70:15 Sulfur Dioxide 148,530 209869 2/5/2015 22:20 Sulfur Dioxide 45,028 224194 12/10/2015 81:00 Sulfur Dioxide 259,000 218577 8/10/2015 17:00 Sulfur Dioxide 51,300 Keystone Gas Plant Winkler 100238633 218426 8/7/2015 89:35 Sulfur Dioxide 139,000 216495 6/28/2015 82:00 Sulfur Dioxide 216,000 224725 12/19/2015 23:30 Particulate Matter 32,971 Pasadena Refining System Harris 100716661 215014 6/1/2015 66:52 Particulate Matter 38,400 223480 11/28/2015 6:44 Sulfur Dioxide 135,823 Port Arthur Refinery Jefferson 100209451 222911 11/11/2015 3:39 Sulfur Dioxide 85,750 219755 9/2/2015 4:49 Sulfur Dioxide 20,974 209075 1/22/2015 6:00 Sulfur Dioxide 90,043 Shell Oil Deer Park Harris 100211879 218482 8/9/2015 0:56 1,3-Butadiene 309,213 216835 7/6/2015 48:00 1,3-Butadiene 2,427 Note: Emission Events reported to Texas Commission on Environmental Quality's Air Emission Event Report Database (http://www2.tceq.texas.gov/oce/eer/). Examples limited to events lasting less than 7 days each. Events releasing sulfur dioxide, particulate matter, and catalyst fines limited to the following thresholds: 20,000 pounds sulfur dioxide; 10,000 pounds particulate matter/catalyst fines.

Page 9 of 22 Attachment 3: 2009-2014 Sulfur Dioxide Emission Events and Enforcement Response Emissions Penalty Health Cost Facility Name County County FIP # Enf. Orders2 Total Penalties (tons)1 $/ton $/ton3 Goldsmith Gas Plant Ector 48135 4,896.61 6 $416,284 85.01 $654 Keystone Gas Plant Winkler 48495 27,102.87 1 $9,118 0.34 $572 Seminole Gas Plant Gaines 48165 1,432.40 1 $7,620 5.32 $608 WAHA Gas Plant Reeves 48389 2,421.96 1 $751 0.31 $567 Fullerton Gas Plant Andrews 48003 661.44 2 $3,920 5.93 $623 Tilden Gas Plant McMullen 48311 2,144.63 1 $3,000 1.40 $842 Andrews Booster Andrews 48003 240.38 0 $0 0.00 $623 Dollarhide Gas Plant Andrews 48003 142.26 1 $3,180 22.35 $623 Mallet CO2 Recovery Hockley 48219 4,187.15 0 $0 0.00 $599 South Fullerton Booster Andrews 48003 96.39 0 $0 0.00 $623 Station 1 Emissions data from Texas Commission on Environmental Quality's Air Emission Event Database: http://www2.tceq.texas.gov/oce/eer 2 Enforcement data obtained from open records requests through the TCEQ 3 Health cost ($) per ton of sulfur dioxide. Data obtained from the Air Pollution Emission Experiments and Policy Analysis (APEEP): http://bit.ly/1so6meT

Page 10 of 22 1920 L Street,1000 NWVermont Avenue, NW Suite 1100 SuiteWashington, 800 DC 20005 Main: 202-296-8800 Washington, DCFax: 20036 202-296-8822 www.environmentalintegrity.org

Environmental integrity Project Main: 202-296-8800 October 16, 2015 fax: 202-296-8822

Honorable Cynthia A. Gilesofficemanager@environmentalintegrity .org Assistant Administrator EPA Office of Enforcement and Compliancewww Assurance.environmentalintegrity .org 1200 Pennsylvania Ave. NW Mail Code 2201A Washington, D.C. 20008

Re: EPA Definition of “High Priority Violations” of the Clean Air Act

Dear Ms. Giles, On August 25, 2014, EPA revised its enforcement policy defining the “High Priority Violations” of the Clean Air Act that are “most likely to be significant for human health and the environment.”1 As the term implies, these criteria determine which violations get the most attention from EPA and state enforcement programs. Under the revised version, illegal emissions of hazardous chemicals and other pollutants will no longer be considered a “high priority” unless the violations persist for at least seven days. We are writing to respectfully request that the policy be amended to include short term violations that, due to the amount or toxicity of the specific pollutants released, deserve equal attention from federal and state enforcement programs. This issue is particularly important to communities downwind from refineries, chemical plants, and oil and gas drilling and processing sites. These and other industrial operations frequently release large quantities of benzene, butadiene, hydrogen sulfide, sulfur dioxide, particulates, and other noxious pollutants in short but intense bursts, rather than in steady and predictable amounts over longer periods of time. The following examples, compiled from online reports of unauthorized “emission events” submitted to the Texas Commission on Environmental Quality (TCEQ) in 2015, illustrate our concerns:

1 Memorandum from Phillip A. Brooks, Director, Air Enforcement Division, Office of Civil Enforcement, USEPA, to Regional Air Enforcement Division Directors Regions 1-10, Regional Air Enforcement Branch Chiefs, Regions 1-10, and Regional Counsels, Regions 1-10, Revision of U.S. Environmental Protection Agency’s Enforcement Response Policy for High Priority Violations of the Clean Air Act: Timely and Appropriate Enforcement Response to High Priority Violations – 2014 (Aug. 25, 2014).

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Page 11 of 22  On August 9, Shell Oil Deer Park released more than 300,000 pounds of 1,3-butadiene, a carcinogen, when relief valves opened on a spherical tank at its Houston petrochemical plant. This emission event lasted just 55 minutes.

 Over a six hour period beginning August 11th, nearly 12,000 pounds of 1,3-butadiene and 35 tons of other smog-forming volatile organic chemicals escaped from an unlit flare at the Texas Petrochemicals manufacturing site in Houston’s Manchester neighborhood. The Houston area remains in violation of federal ozone standards.2

 The Conoco Phillips Borger refinery in Hutchinson County reported emitting more than 177 tons of particulates during startup of its catalytic crackers between July 12 and July 17.3 Three short term upsets in June, none of which lasted longer than two days, released another 90 tons of particulates.

 Between August 12 and 14, the Ascend Performance Materials Chocolate Bayou plant released 8,678 pounds of acrylonitrile, a human carcinogen even more potent than benzene, according to the inhalation risk assessment posted on EPA’s “Integrated Risk Information System.”

 On August 13, the Huntsman Port Neches chemical plant vented 12,900 pounds of ethylene oxide to the atmosphere in just fifteen hours following an electrical outage. Ethylene oxide is a probable human carcinogen, according to EPA.4 Huntsman had earlier released 3,695 pounds of ethylene oxide, when a transformer outage on March 1 shut down several pumps and a compressor.

 Between April 15 and April 20, a cooling tower leak at the BASF Total Fina Nafta Complex in Port Arthur released 13,065 pounds of benzene, a known carcinogen, and 9,060 pounds of other pollutants classified as hazardous under the Clean Air Act.

 The Dow Texas Operations Chemical Plant in Freeport released nearly 9,000 pounds of benzene during a plant startup that began late afternoon on July 17 and ended the early morning of July 20. Including six other startups or malfunctions, the longest of which lasted less than six days, the facility has released 18,149 pounds of benzene, 8,968 pounds of 1,3-butadiene, and more than 180 tons of additional VOCs so far this year. Dow reports that its flares smoked intermittently during most of these events, releasing unknown amounts of oily soot and black carbon.

2 The facility appears as the “Houston Plant” in TCEQ’s online database, but the RN number for this facility confirms that Texas Petrochemicals is the owner/operator. 3 The RN number for the “Borger Refinery” identifies Conoco Phillips as the owner/operator. 4 http://www3.epa.gov/airtoxics/hlthef/ethylene.html

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Page 12 of 22  Between February 23 and 24, the Formosa Point Comfort plant in Calhoun County released 10,333 pounds of 1,3-butadiene and more than 20 tons of VOCs after its propylene and ethylene compressors malfunctioned. That was not the first big upset at the Point Comfort plant. On January 20, a failed startup released 3,672 pounds of 1,3- butadiene, while another process upset between September 9 and 10 in 2015 released 4,394 pounds of benzene and butadiene (combined) and 17 tons of other VOCs.

 Blanchard Refining in Galveston Bay released more than 108 tons of catalyst fines (as particulate matter) over a 23 hour period starting on January 13. According to the company’s report, the upset was triggered by a malfunctioning slide valve on a Fluid Catalytic Cracking Unit.

 Short term events can result in substantial pollution over the course of a year. For example, the James Lake Gas plant in Ector County has already released more than 550 tons of sulfur dioxide from its acid gas flare from February 5th through the end of August, due to compressor malfunctions or repairs. Since none of these upsets lasted more than three days and at least a week elapsed between the start of each event, they do not appear to qualify as “high priority violations,” even though emissions in the first eight months of 2015 are already twice the plant’s annual limit of 246 tons.

 Similarly, the permit for the Amerada Hess Gas plant in Gaines County authorizes no more than 94 pounds of sulfur dioxide an hour, or 420 tons per year. Yet just 17 different emission events, ranging from less than two hours to no more than five days each, have already released nearly 700 tons of sulfur dioxide so far in 2015. The flares releasing this pollution smoke intermittently, releasing an unknown amount of oily soot.

Attachment 1 includes the Facility Identification Number (RN) for each facility and the report number for each event. Each report can be obtained online through the Texas Air Emission Event Report Database at http://www2.tceq.texas.gov/oce/eer/. Attachment 2 summarizes the health effects of the specific pollutants released during these upsets. The online reports filed by each of these companies indicate that these upset releases exceed permit limits, but further investigation may be required to make a final determination. The reports may significantly understate releases of these pollutants. EPA recently revised the “AP- 42” factors used to estimate emissions from flares after finding that even well operated flares release about four times more volatile organic chemical pollutants than the Agency had previously assumed.5 We understand that EPA and states retain the discretion to classify any of the emission events described above as high priority violations. That does not address our concerns. The policy is clearly intended to create a presumption that violations that do not persist for at least seven days (either continuously or intermittently) are less serious because they are unlikely to pose a

5 Chapter 13.5, Emission Factors for Industrial Flares (revised April 2015), AP42 Fifth Edition, Vol. I, available online at http://www3.epa.gov/ttn/chief/ap42/ch13/.

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Page 13 of 22 significant risk to public health or the environment. We respectfully disagree with these assumptions. The short term emission events can overwhelm communities with high volumes of pollution, include significant amounts of carcinogens and other toxins that are dangerous in small concentrations, and may contribute more to annual emissions than so-called “normal operations.” The communities most affected by these episodes are typically working class neighborhoods, where a majority of the residents are Latino or African American. They may also include large numbers of children and elderly residents, who are more sensitive to the respiratory ailments triggered by air pollution. On its webpage, EPA’s Office of Enforcement and Compliance Assurance promises to “advance environmental justice by protecting communities most vulnerable to pollution.”6 It will be hard to keep that promise if emissions from catastrophic or chronic upsets at plants near these vulnerable communities are classified as a lower priority for EPA or state enforcement. We ask that the policy reclassify as a high priority any short term violation (lasting less than seven days) caused by emission events that either: 1. Release an unusually large volume of criteria pollutants like sulfur dioxide or particulates7, or small but significant amounts of acrylonitrile, benzene, butadiene, ethylene oxide, hydrogen fluoride, and other toxins that are hazardous in minute concentrations; 2. Occur frequently enough to cause emissions to exceed annual limits or (where applicable) major source thresholds.

Agencies would have some discretion in applying these criteria, as they do under the current policy in deciding whether a violation of monitoring or testing requirements is “substantial” enough to be a high priority. We do ask that the criteria be based upon the volume, toxicity and frequency of actual emissions, and not depend on agency judgments about the extent of exposure in affected communities. Agency resources are scarce and ambient monitoring (especially of air toxins) is limited, making it unlikely that EPA’s risk assessment would accurately assess the full range of health risks that result from exposure to these pollutants.

6 U.S. Environmental Protection Agency, “About the Office of Enforcement and Compliance Assurance (OECA).” http://www2.epa.gov/aboutepa/about-office-enforcement-and-compliance-assurance-oeca 7 Significant violations of opacity standards should be included in this category, as high opacity events indicate the release of large amounts of fine particles.

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Page 14 of 22 We would welcome the opportunity to meet with you to discuss our concerns and recommendations, and provide further examples of emission events that ought to qualify as high priority violations. In the meantime, thank you for considering our views.

Sincerely,

Eric Schaeffer Executive Director Environmental Integrity Project 1000 Vermont Avenue NW, Suite 1100 Washington, DC 20005 [email protected] (202) 263-4440

Trip Van Noppen John Walke President, Clean Air Director, Earthjustice Natural Resources Defense Council [email protected] [email protected] Patrick Gallagher Adrian Shelley Director, Environmental Law Program, Executive Director, Sierra Club Air Alliance Houston [email protected] [email protected] Heather Cantino Alfred Carrillo Steering Committee Chair, Athens County Pastor, Apostolic Faith Center (OH) Fracking Action Network [email protected] [email protected]

Barbara Mills-Bria Amanda Means President, Be the Change-USA Organizer, Beacon Climate Action [email protected] [email protected] Bob Schmetzer and Katherine Black Celia Janosik Steering Committee Chair, Beaver County Marcellus Benicians for a Safe and Healthy Awareness Committee Community [email protected] [email protected] Karen Feridun Therese Vick Berks Gas Truth Blue Ridge Environmental Defense League [email protected] [email protected]

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Page 15 of 22 Rebecca Roter Jane Williams Chairperson, Executive Director, Breathe Easy Susquehanna County California Communities Against Toxics [email protected] [email protected] Drew Wood Ronald White Executive Director, Director of Regulatory Policy, California Kids IAQ Center for Effective Government [email protected] [email protected] Robert R.M. Verchick Mike Tidwell President, Center for Progressive Reform Director, Gauthier ~ St. Martin Eminent Scholar, Chesapeake Climate Action Network Loyola University New Orleans College of Law [email protected] [email protected]

Ellen Rendulich Vera Scroggins Director, Director, Citizens Against Ruining the Environment Citizens for Clean Water [email protected] [email protected] George Jugovic Jr. Joe Levine Chief Counsel, Citizens for Pennsylvania's Director, Future (PennFuture) Citizens for Water [email protected] [email protected] Jan Milburn Paul Roberts President, Citizens to Preserve Ligonier President, Valley and Westmoreland Marcellus CitizenShale Citizens' Group [email protected] [email protected]

Joseph Otis Minott, Esq. Jesse N. Marquez Executive Director, Executive Director, Clean Air Council Coalition For A Safe Environment [email protected] [email protected] Ricardo Pulido Mary Greer Executive Director, Community Dreams Coordinator, Concerned Citizens Ohio [email protected] [email protected] Gina Angiola, MD B. Arrindell Concerned Health Professionals Director, of Maryland Damascus Citizens for Sustainability [email protected] [email protected]

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Page 16 of 22 Cynthia Babich Tracy Carluccio Director, Del Amo Action Committee Delaware Riverkeeper Network [email protected] [email protected] Jim Schermbeck Bruce Baizel Director, Downwinders At Risk Energy Program Director, Earthworks [email protected] [email protected] Luke Metzger Jon D. Jacobs Director, Environment Texas Member, Environmental Action Center [email protected] [email protected] Bruce Buckheit Carrie Hahn Former Director, Air Enforcement Division, Fracking Truth Alliance of Office of Enforcement and Compliance Lawrence and Mercer Counties, PA Assurance, [email protected] US Environmental Protection Agency [email protected]

Lea Harper Dana Dolney Managing Director, Director, FreshWater Accountability Project Friends of the Harmed [email protected] [email protected] Al Rodriguez Josh Fox President, Gas Drilling Awareness Coalition Director, GASLAND, Solutions Grassroots [email protected] [email protected] Stacie M. Propst, PhD Rick Hind Executive Director, GASP Legislative Director, Greenpeace [email protected] [email protected] Vincent M. Martin Alma Hasse Environmental Justice Director, Executive Director, Idaho Concerned Area Human Synergy Works – Detroit Michigan Residents for the Environment [email protected] [email protected] Barbara Briggs Debra Borowiec Associate Director, Institute for Global Coordinator, Labour and Human Rights Local Authority Western Pennsylvania [email protected] [email protected] Anne Rolfes Diane Sipe Founding Director, Organizer, Louisiana Bucket Brigade Marcellus Outreach Butler [email protected] [email protected]

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Page 17 of 22 Dianne Arnold Michele Bertini President, Marcellus Outreach Middlesex Marcellus Outreach Middlesex [email protected] [email protected] Briget Shields Amy Nassif Marcellus Protest Leader, Mars Parent Group [email protected] [email protected] Rena Steinzor Michael A. DiLauro Professor of Law, University of Maryland TV Producer, Francis King Carey School of Law MichaelAngelo Productions [email protected] [email protected] Josh Kratka Douglas Meiklejohn Senior Attorney, Executive Director, National Environmental Law Center New Mexico Environmental Law Center [email protected] [email protected] Joel A. Mintz Buck Moorhead Professor of Law, Chair, Nova Southeastern University Law Center NYH2O [email protected] [email protected] Dianne Bady Mike Genz Project Coordinator, Associate Professor, Ohio Valley Environmental Coalition Our Water Our Air Our Rights [email protected] [email protected] Maria Payan Steve Chase Executive Director, Director of Education, Peach Bottom Concerned Citizens Group Pendle Hill [email protected] [email protected] Jenny Lisak Dr. Michael Murphey-Corb Co-Director, Pennsylvania Alliance for Professor Emeritus, Clean Water and Air University of Pittsburgh School of Medicine [email protected] [email protected] Gillian Graber Tom “Smitty” Smith President, Protect PT Director, Public Citizen’s Texas Office [email protected] [email protected] Cathy Lodge, Brian Urbaszewski Co-Founder, Director, Environmental Health Programs, Resident's Against the Power Plant Respiratory Health Association [email protected] [email protected]

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Page 18 of 22 Joseph P. McMurry Robby Diesu Co-Founder, National Coordinator, Section 27 Alliance Stop the Frack Attack Advisory Council [email protected] [email protected] Pramilla Malick, Karen London Founder/Co-Chair, Co-founder, Sullivan Area Citizens Stop The Minisink Compressor Station for Responsible Energy and Protect Orange County Development [email protected] [email protected] Kirsi Jansa Elisa Beck Documentary Filmmaker, Director, Sustainability Pioneers Sustainable Monroeville Elisa Beck [email protected] [email protected] Raina Rippel Robin Schneider Director, Executive Director, SWPA Environmental Health Project Texas Campaign for the Environment [email protected] [email protected] Juan Parras Thomas O. McGarity Director, Texas Environmental Justice Joe R. and Teresa Lozano Long Endowed Advocacy Services Chair, University of Texas School of Law [email protected] [email protected] Wanda Guthrie Dominic Marchese Environmental Justice Committee, Johnston Township Trustee, Trumbull Thomas Merton Center County Trustees Association Committee to [email protected] restore local control of Injection waste wells [email protected] Ron Slabe Spokesperson and Co-Founder, Brian Moench, MD Upper Burrell CAMP, Citizens Against President, Marcellus Pollution Utah Physicians for a Healthy Environment [email protected] [email protected] Tim Wagner Julie Archer Executive Director, Project Manager, Utah Physicians for a Healthy Environment WV Surface Owners’ Rights Organization [email protected] [email protected] Barbara Clifford Joe and Judy Evans Susquehanna County, PA Westmoreland County, PA [email protected] [email protected]

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Page 19 of 22 Ron Gulla Brenda L Vance Washington County, PA Washington County, PA [email protected] [email protected]

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Page 20 of 22 Attachment 1: Short-Term Emission Events: 2015 Examples from Texas Duration of Event Amount Name County RN Report # Event Began Pollutant (hours:minutes) Released (lbs) 220583 9/22/15 12:18 Sulfur Dioxide 41,326 217577 7/20/15 32:45:00 Sulfur Dioxide 262,628 217440 7/16/15 4:11 Sulfur Dioxide 36,090 216398 7/6/15 81:54 Sulfur Dioxide 40,874 215732 6/13/15 3:30 Sulfur Dioxide 72,892 215140 6/2/15 56:45 Sulfur Dioxide 263,146 214858 5/28/15 71:59 Sulfur Dioxide 17,354 Amerada Hess Seminole Gas Gaines 103758470 214838 5/28/15 1:42 Sulfur Dioxide 12,050 Processing Plant 214087 5/13/15 108:05 Sulfur Dioxide 52,473 213602 5/5/15 15:10 Sulfur Dioxide 76,017 213513 5/4/15 79:54 Sulfur Dioxide 30,490 211161 3/10/15 62:17:00 Sulfur Dioxide 72,920 209589 2/1/15 9:11 Sulfur Dioxide 43,769 209312 1/26/15 119:37 Sulfur Dioxide 329,540 208820 1/15/15 72:15 Sulfur Dioxide 27,064 Ascend Performance Materials Brazoria 100238682 218858 8/12/15 47:55 Acrylonitrile 8,678 Chocolate Bayou Plant Benzene 13,065 BASF Total Fina Nafta Region Olefins Jefferson 100216977 212758 4/15/15 121:45 Ethylbenzene 1,978 Complex Other HAPs 7,082 Blanchard Refining Galveston Bay Galveston 102535077 208455 1/13/15 22:54 Catalyst Fines 216,480 Refinery 1,3-Butadiene 319 219065 8/19/15 26:00 Benzene 542 Other VOCs 34,107 1,3-Butadiene 1,088 218061 8/8/15 156:00 Benzene 853 Other VOCs 49,746 1,3-Butadiene 1,484 217273 7/17/15 59:00 Benzene 8,912 Other VOCs 60,322 1,3-Butadiene 410 Dow Texas Operations Freeport Brazoria 100225945 216997 7/8/15 64:40 Benzene 913 Other VOCs 16,663 1,3-Butadiene 1,922 210215 3/5/15 65:00 Benzene 2,961 Other VOCs 104,158 1,3-Butadiene 1,003 209798 2/5/15 13:42 Benzene 1,407 Other VOCs 20,696 1,3-Butadiene 2,742 207797 1/8/15 71:00 Benzene 2,561 Other VOCs 82,845 Butadiene 4,076 219879 9/9/15 18:15 Other VOCs 34,541 Formosa Point Comfort Plant Calhoun 100218973 1,3-Butadiene 10,333 210551 2/23/15 29:40 Other VOCs 41,141 208841 1/20/15 11:10 1,3-Butadiene 3,672 1,3-Butadiene 11,784 Houston Plant1 Harris 100219526 218679 8/11/15 6:03 Other VOCs 73,390 Huntsman Port Neches Jefferson 100219252 218781 8/13/15 15:00 Ethylene Oxide 12,938 219592 8/29/15 54:00 Sulfur Dioxide 136,125 217499 7/17/15 62:00 Sulfur Dioxide 366,832 212258 4/1/15 12:00 Sulfur Dioxide 36,546 212259 3/27/15 9:30 Sulfur Dioxide 22,566 211456 3/11/15 42:00 Sulfur Dioxide 130,899 James Lake Gas Plant Ector 107088759 210714 2/26/15 10:20 Sulfur Dioxide 22,331 210655 2/24/15 40:00 Sulfur Dioxide 123,329 210552 2/22/15 31:30 Sulfur Dioxide 65,268 210072 2/8/15 70:15 Sulfur Dioxide 148,530 209893 2/7/15 8:20 Sulfur Dioxide 19,184 209869 2/5/15 22:20 Sulfur Dioxide 45,028 217030 7/12/15 127:30 Particulate Matter 334,000 215969 6/17/15 8:35 Particulate Matter 25,200 Borger Refinery2 Hutchinson 102495884 215727 6/13/15 40:30 Particulate Matter 143,000 215142 6/2/15 36:59 Particulate Matter 12,500 Shell Oil Deer Park Harris 100211879 218482 8/9/15 0:56 1,3-Butadiene 309,213 1 TCEQ's online database identifies the Texas Petrochemicals facility as "Houston Plant." The RN number was used to identify the owner/operator as Texas Petrochemical. 2 The RN number was used to identify the owner/operator of the "Borger Refinery" as Conoco Phillips. Source: This information was obtained from reports submitted to Texas Commission on Environmental Quality's Air Emission Event Reporting Database. http://www2.tceq.texas.gov/oce/eer/

Page 11 of 12 Page 21 of 22 Attachment 2: Health Effects of Pollutants Released in Emission Events Pollutant Type of Health Risk Notes Source Carcinogen elevated cases of leukemia IRIS CA OEHHA increased cardiovascular disease, irritation of eyes, nasal 1,3-Butadiene Cardiovascular, Respiratory, Neurological passages, throat, and lung, blurred vision, fatigue, EPA Air Toxics headache, vertigo Probable Carcinogen elevated cases of lung cancer IRIS CA OEHHA

low grade anemia, leukocytosis, kidney irritation, mild Acrylonitrile Blood, Respiratory, Neurological jaundice, mucous membrane irritation, headaches, EPA Air Toxics fatigue, nausea, feelings of nervous irritability

Carcinogen elevated cases of leukemia IRIS CA OEHHA blood disorders, irritation of skin, eyes, and upper Benzene Blood, Respiratory, Neurological respiratory tract, drowsiness, dizziness, headaches, EPA Air Toxics unconsciousness, vomiting, convulsions irritation of throat and eyes, chest constriction, Ethylbenzene Respiratory EPA Air Toxics neurological effects (dizziness) elevated cases of leukemia, stomach and pancreatic Probable Carcinogen cancer, Hodgkin's disease EPA Air Ethylene Oxide neurological disorders, nausea, vomiting, bronchitis, CA OEHHA Toxics Respiratory, Neurological pulmonary edema, emphysema, irritation of eyes, skin, and mucous membranes premature mortality (long-term exposure), heart attacks, Particulate Matter Heart and Lung Disease, Respiratory decreased lung functions, irregular heartbeat, asthma, EPA Air & Radiation irritation of the respiratory systems premature mortality from fine particle formation, Sulfur Dioxide Heart Disease, Respiratory bronchoconstriction, increased asthma symptoms, EPA Air & Radiation respiratory illnesses

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