Small Mistakes': Big Pollution

Last year, 37 Texas and Louisiana refineries, chemical plants, natural gas processors, and other facilities emitted 63 million lb of air pollution--by accident. These emissions are of regulated hazardous air pollutants and come on top of air emissions limits that are allowed in a company's operating permit. Such accidental emissions are legal under provisions of the Clean Air Act through an exemption for unusual, nonroutine activities: malfunctions due to shutdowns, start-ups, and equipment maintenance as well as emergencies.

These releases are the subject of a report by the Environmental Integrity Project (EIP). The report looked at the few states that collect these data and found disturbing levels of emissions. EIP is a Washington, D.C.-based environmental organization led by Eric Schaeffer, who formerly directed the Environmental Protection Agency's Office of Regulatory Enforcement.

Schaeffer says the Clean Air Act emergency provisions are being used as a loophole, allowing facilities to avoid fines and other sanctions for exceeding permit emissions caps and to continue poor process management that leads to the emissions. Some companies, he adds, have found ways to reduce upsets and flaring of pollution that usually results. The emitted pollutants include nitrogen oxides, sulfur dioxide, carbon monoxide, hydrogen sulfide, and volatile organic compounds, including benzene and butadiene.

Also included with the report are statements from residents living near large chemical plants and refineries, complaining of health problems, visible emissions, strong smells, and flares during upsets.

The report says that fewer than half of the states collect emissions information on nonroutine releases and only one, Texas, gathers such data in a form that is readily available to the public. EIP's report concentrated on Texas, where 30 of the plants are located, Schaeffer says. The report includes seven plants in Louisiana, which required EIP investigators to gather the material directly from the facilities.

Overall, EIP found that more than half of the 37 plants report annual upset emissions--for at least one pollutant--that equal one-quarter or more of the plant's yearly emissions for that pollutant. For 10 facilities, upset releases of a single pollutant exceeded the reported level of yearly emissions for that pollutant.

For instance, in 2003, ExxonMobil's Baton Rouge, La., refinery had upset emissions of 13.4 million lb of carbon monoxide; that's almost three times its reported and permitted CO emissions for the year. The BASF chemical facility at Port Arthur, Texas, reported upset emissions of the carcinogens benzene and butadiene of 91,274 lb and 83,391 lb, respectively. Schaeffer says this makes the BASF plant the nation's sixth-largest emitter of butadiene and the 12th-largest emitter of benzene, based solely on upset emissions.

ExxonMobil did not provide a response to the EIP report, and BASF issued a statement saying, "All emissions, regardless of cause, are taken seriously by BASF."

The data used by EIP, Schaeffer notes, were supplied by the companies themselves.

An American Chemistry Council official says the Clean Air Act emergency provisions are needed so companies can avoid compliance problems during equipment failures, malfunctions, power outages, or other nonroutine conditions. "You need some vagueness when operating in a changing environment," says Ted Cromwell, ACC's managing director for the environment.

Another chemical industry official agrees but adds, "These are some pretty big belches."

EPA says in a statement that companies are required to "minimize over-limit emissions, whether from start-up, shutdown, or malfunction." The agency says the states, however, are the first line in ensuring air quality compliance.

Schaeffer counters that the EIP survey found that most states appear not to be collecting upset emissions data and consequently are developing air quality compliance plans that fail to consider significant amounts of toxic air emissions. Zero plant emissions are impossible, Schaeffer adds, but states should be required to collect and consider all emissions, and companies should avoid upsets.

Companies may be using an emergency loophole to avoid correcting routine production problems, fears Denny Larson, coordinator of the National Refinery Reform Campaign, a California- and Texas-based environmental group. Flaring is a dirty and ineffective way to address emissions, he says, and several companies have installed systems to capture releases and avoid flaring.

For instance, the Shell refinery at Deer Park, Texas, recently installed a recovery system to capture, clean, and use flare gas as a fuel for plant operations, says Neil Moyer, a Shell engineer. He notes that other refineries are planning similar modifications but warns that costs could reach $25 million, and for large upsets, he says, companies are likely to turn to flares.

Also, the Flint Hills Resources refinery in Corpus Christi, Texas, recently won an EPA award for installing equipment to capture and use hydrocarbons that previously had been flared, reducing flaring from an average of 45 minutes to 9 minutes per day.

The Tesoro Golden Eagle refinery in Martinez, Calif., this year began operating two new flare gas compressors, which can redirect 4 million cu ft of flare gas back into production. The cost was under $8 million, and flaring was cut by 95%, company spokesman Jon Ballesteros says.

Tesoro was responding to community concerns, he adds. "It was also the right thing to do."