Thursday, February 18, 2016

neighborhood wants what every other neighborhood wants

previous post from 2013,  Murphy is now owned by Valero Energy, and Valero has made a land use change proposal "to accommodate adjacent Valero Refining expansion."  http://concernedcitizensaroundmurphy.blogspot.com/2016/02/valero-energy-meraux-refinery-expansion.html


Let's not make the same mistake again with warehouses, administration buildings, parking etc. on Jacob Drive; that land was purchased with the pretense of a green zone buffer and a good neighbor would honor that agreement.  Any other use makes the Parish further liable. 










Turner v Murphy - voluntary buyup
""It included a buyout program for the establishment of a green belt around the refinery.""  LDEQ EDMS 6503178.  A Fairness Hearing was held on January 4 2007 and the Judge indicated that he found the settlement to be fair. This fairness decision was based on the buyout properties use as a green zone buffer. The existing empty lots in the neighborhood are just that; a green belt. This was a voluntary buyup and residents who chose to revitalize have every right to remain and to remain unharrassed or pushed to sell. The neighborhood lots are not an area available to the oil company for expansion nor for relocation of office buildings, maintenance and machine shops, or any other use.




Thy Shalt Not Covet Thy Neighbors House.

The St. Bernard Parish Council by Resolution previously agreed not to even entertain a proposal to rezone anything in our neighborhood until Murphy Oil provided two things to the residents of St. Bernard: 1) its Master Plan for the current facility and 2) a written plan of their long-term intent for the former "buyout" "buyup" area. Only than could residents fully participate in an informed discussion to consider changes in their neighborhood which is around and within the existing greenspace or buffer. That is every citizens right to full and equal access to information before the decisions are made; its part of their right to secure tenure.  Let's hope the newly elected Council and Adminstration upholds the people's rights.



we are here and here to stay........

"important step in affording class members the means to rebuild their neighborhood" "creating a safe environment for residents" "Recognizing the desire of the St. Bernard community to return to their homes and businesses" "the impact of settlement will significantly aid their road to recovery and return to normality"
http://www.laed.uscourts.gov/murphyoil/Orders/O_1072.pdf

"The intent of the buyout program is thus to create a buffer zone between the Murphy Oil refinery and the community"   page 29
http://www.laed.uscourts.gov/murphyoil/Orders/O_1072.pdf

"So that buffer is being created. Then we can go ahead and remediate the most impacted properties and create some nice green space, which we think will benefit the community as a whole." page 28
 
Federal Court Fairness Hearing

Murphy Oil defense attorney:  ""the buyout price reflects "the absolute top end of the range of real estate sales in St. Bernard" since Hurricane Katrina. Murphy wants to use the purchased property to create a buffer zone of green space between its refinery and residents""   The Times-Picayune  (New Orleans) January 5, 2007 FridaySECTION: METRO; Pg. 1HEADLINE: Judge favors settlement in St. Bernard oil spill; Governor at hearing to back residents BYLINE: By Susan Finch, Staff writer


Buffer Zone Update
http://concernedcitizensaroundmurphy.blogspot.com/2011/08/buffer-zone-update.html
The Murphy Oil crude-oil-spill case, Turner v Murphy, ordered the Meraux Refinery ‘s voluntary buyup program, which is intended “to create a buffer.” The agreement did not allow Murphy Oil to re-sell the buffer zone properties for commercial or industrial uses; residents were told by Murphy Oil, and relied on this information to base their decisions, that the land would be used for a green zone buffer. Some were even told, the green space would become like a forest, and you won't want to live there. It would be better if you sold.



In federal court pleadings and hearings transcripts for the settlement agreement, and in various St Bernard Parish (SBP) Council and Committee meeting transcripts, Murphy's defense attorneys can be quoted from transcripts stating the area would be turned into a green zone, a grassy greenpace, a nonused buffer, an exclusion zone  between the refinery and the neighborhood. That is what buffer zones are industry wide. That is the whole intent and purpose of the federal judge's court order and reasons. There has never been a misconception regarding the settlement agreement. There have only been presentations and contradictions by the same oil company attorneys.


the empty lots are the intended buffer





Now, residents wonder what’s next on the menu. Murphy Oil has already purchased several Road Home or LLT Lots in the neighborhood despite a promise to residents from St. Bernard Parish Government that no LLT properties would be transferred to the Murphy Oil Meaux refinery without a landuse plan. The HRQL Chairman assured residents that no LLT properties would be transferred to the oil refinery without a landuse plan.  Unfortunately, many LLT properties were sold to Murphy Oil under the deed restricted Lot Next Door Program.  In fact, these real estate transactions occurred so far under the radar and out of public notice that even the HRQL Vice Chairman was not aware of the sales.  Now the new refiney owners are asking residents what would they think about industrial buildings along Jacob Drive and what's involved to get a zoning change.



Murphy Oil started using some of the homes purchased for the buffer as work bunk housing instead. Additionally, Murphy Oil officials have recently offered an explanation of their agreement with the local Court House, Clerk of Court not to release the buffer zone real estate transactions for publication, further keeping public information from residents. Neighbors think this is all too fishy.



In the Fall of 2005, these dedicated neighbors were some of the first residents to return after Hurricanes Rita and Katrina and the Murphy Oil spill, even celebrating Thanksgiving and Christmas 2005 in their restored homes. They have already presented their vision for the revitalized neighborhood’s future and they have an equal right to the long-term security of their community, as much as any other neighborhood in the Parish. Yet, they sadly suspect local government and the Meraux Refinery have other plans.





 

The refinery was originally located on the other side of the highway and the land behind the neighborhood was not zoned for industrial use.  Then over the years there were a series of "wise", decisions to allow more and more industrial zoning changes further and further away from the river and into the backyards of our community. The processing plant doubled in the 1970's and several large additions including a clean fuels process began in the late 1990's early 2000's. How did the Parish ever allow these units to be constructed so close to family dwellings??
 
Let's not make the same mistake again with warehouses, administration buildings, parking etc. on Jacob Drive; that land was purchased with the pretense of a green zone buffer and a good neighbor would honor that agreement.  Any other use makes the Parish further liable. 

Saturday, February 13, 2016

road work lessons


As major road and drainage work begins on Palmisano Blvd, let's hope lessons learned are implemented.



From sidewalks to road work, we've seen our fair share of traffic cones. In 2011, just when most residents finally moved out of their FEMA trailers, this is what we lived through, and so much was avoidable if basic business practices were used.

cement work


Above shows what happens when FEMA failed to use the cones!

http://s1141.photobucket.com/albums/n586/FEMA_Reconstruction/?albumview=slideshow




Despite local objections, FEMA contractors used a one-size-fits-all approach and removed two to three feet of natural clay ridges in neighborhood street repairs and replaced the clay with sand and gravel.  We'll see how long before that subsides or collapses on the aging sewer and storm water infrastructure.





Storm water runoff and pollution plans need improvements including dust control and heavy equipment issues.  Unfortunately, in 2013 the trees took a hit as well from heavy equipment and disrespectful out of state workers.







Any governmental project should be the showcase example of performance standards yet to be seen here. Even in the photos below from 2014, local projects with Federal CBDG funding fail to protect trees, pollution runoff, and dust control.






Come on, St Bernard, we can do better than that.

Sunday, December 20, 2015

another year of hydrogen sulfide over exposures

Hydrogen Sulfide can cause genetic damage, plus serious and permanent central nervous system damage. [1].
St Bernard Parish residents have been frequently if not consistently exposed to more hydrogen sulfide than the daily exposure level recommended by the EPA. Hydrogen sulfide is a gas which causes deleterious effects at chronic low level exposures of 0.0014 ppm (1.4 ppb).  
The Valero Energy Meraux community monitor frequently measures hydrogen sulfide levels in our neighborhoods above 2, 3, and even 4 or 5 ppb!!   http://lena.providenceeng.com/Hourly.aspx  Valero records H2S readings in ppm; as an example, 0.003 ppm H2S is 3 ppb.  Chronic (or daily) exposure to H2S at levels of 0.0014 ppm or higher are unacceptable.  The Louisiana DEQ community monitors also frequently measure such levels of hydrogen sulfide, but records the H2S readings in ppb.
  http://airquality.deq.louisiana.gov/Data/Site/CHALMETTE%20VISTA/Date/2016-01-25
http://airquality.deq.louisiana.gov/Data/Site/MERAUX/Date/2016-01-25
Children are among the most susceptible to this poison gas. It is unacceptable for communities near oil refineries and many others to have to continue suffering the ill effects of H2S when the technology to control H2S emissions is available and affordable.

“The daily inhalation exposure to the human population that is likely to be without an appreciable risk of deleterious effects during a lifetime, the RfC, has been determined to be 0.002 mg/m3 or 1.4 ppb.”http://www.epa.gov/iris/toxreviews/0061tr.pdf


Health effects from chronic low level exposure include the burning and tearing of eyes, cough, shortness of breath, and for asthmatics, difficulty breathing.  The effects may be delayed for several hours, or sometimes several days, when exposed to low level concentrations. Chronic exposure causes eye inflammation, headache, fatigue, irritability, insomnia, digestive disturbances and weight loss. Researchers found the following demonstrable symptoms resulting from chronic exposure to H2S:  changes in brain density, abnormal neurobehavioral function, headache, altered mood states such as depression, fatigue, and tension, memory loss, pronounced deficits in balance and reaction time, dizziness, insomnia, overpowering fatigue, and reduced sense of smell.

  EPA should address adverse H2S impacts based on evidence of harmful exposures in numerous communities and its toxicological effects at low concentrations such as non-cancer effects and emerging evidence that H2S is a genotoxic agent, meaning it damages DNA

 [1]  http://org.salsalabs.com/o/1541/p/dia/action/public/?action_KEY=2815

Link to monitors in St Bernard Parish




Ventura Drive (Valero Energy) http://lena.providenceeng.com/Hourly.aspx


 


“Since the respiratory tract is the major target organ of hydrogen sulfide toxicity, humans with asthma, and the elderly and young children with compromised respiratory function represent sensitive subpopulations. Due to the serious toxic effects associated with exposure to high concentrations of hydrogen sulfide for very short durations, all exposure should be avoided.”  http://www.who.int/ipcs/publications/cicad/en/cicad53.pdf 
 Health effects from chronic low-level exposure to hydrogen sulfide


Hydrogen sulfide (H2S) and sour gas effects on the eye

Friday, December 18, 2015

fenceline monitoring

"If we’re going to give industry permits to release these emissions, then our goal is to have all of their emissions monitored. Whatever they’re permitted to release, we want it to be monitored, that’s our goal. I’m excited and optimistic about the new ruling. But this is not over by any means.” ------    Statement from Martha Huckabay, Vice President of St. Rose Community One Voice, regarding the EPA's new Refinery Rule http://www.labucketbrigade.org/blog/statement-martha-huckabay-vice-president-st-rose-community-one-voice-regarding-epa%E2%80%99s-new


EPA's new Refinery Rule requires "fenceline monitoring" for some but not all emissions.  Benzene, a known carcinogen, will be monitored "at the fenceline" but where is the fenceline?

Let's keep the refinery fenceline where it has been for decades ---  way on the other side of the makeshift parking lot, and not in our residential neighborhoods.  When benzene levels measure an "actionable" level then the plants will be required to invest in technology controls to reduce benzene emissions. Allowing the fenceline to move away from the fenceline and into our neighborhoods could allow the plants to record lower benzene levels than actually emitted.

We have enough issues with the makeshift parking lot and fenceline; let's not add more benzene when new refinery rules were require less

http://concernedcitizensaroundmurphy.blogspot.com/2013/07/good-fences-and-beautification.html

http://concernedcitizensaroundmurphy.blogspot.com/2010/04/jacob-canal.html

Monday, November 16, 2015

surface water and storage tank issues


Troubles in the tank farm were mentioned again in a recent report noting leaked oil from piping in the former footprint of storage tank, Tank 250-3. This oil spill affected at least two egrets, according to Valero Energy’s report to Louisiana DEQ in a public document (EDMS 9962291).

Tank 250-3 was demolished by Valero Energy in 2012. However on September 29 2015 a sheen, stained soil, and two oiled egrets were reportedly observed around the section of pipe once connected to the tank. Clearing nearby vegetation revealed an intermittent leak that exceeded “Reportable Quantity”.  It is unclear how long the pipe was leaking; however, residents have repeatedly reported to LDEQ strong and distinct fuel and diesel odors during rain events.

This is not the first time overgrown vegetation was noted as presumably concealing problems that perhaps should have otherwise been detected during required inspections.  In May 2015 adjacent neighbors reported the refinery flooding their backyards.  Upon inspection, after “clearing significant vegetation”, a breach was found on the east side of the refinery pond and the damage was attributed to burrowing nutria (EDMS 9778750).

Valero Energy’s Meraux refinery was recently cited by LDEQ for not performing required monthly tank inspections from April 2014 through June 2015 (EDMS 9963957).  A 2014 LDEQ inspection at the adjacent terminal and dock found Valero Energy failed for three years to conduct annual interior float roof inspections (EDMS 9845166).

During a rain event in June 2015, Valero reported discharging nearly 7,000 gallons waste water into the neighborhood canal due to a power outage (EDMS 9811488). This neighborhood canal, known as the 40 arpent canal, is frequently fished by residents, and is slated in the new master land use plan for recreational use, including kayaking and canoes, and fishing piers. Other unauthorized discharges and reports from more recent rain events in late Summer and early Fall 2015 --- if any --- along with water samplings have not yet posted to LDEQ EDMS.  Heavy rains are expected again this week.


Valero’s predecessor, Murphy Oil, agreed in August 2015 to a settlement with the State of Louisiana for just under $23,000 in fines for the December 9 2009 release of oily water into the same neighborhood canal, the 40 arpent. The 40 arpent is pumped into the adjacent Central Wetlands, which is home to sensitive estuaries and marsh. The $22,988 amount is said to represent the DEQ’s enforcement costs; nothing was proposed to improve neither the water quality nor the quality of life in the surrounding community.  Lessons learned or business as usual ??


Valero Energy’s report for the Sept 29 2015 spill zone states that six days after the initial discover, during the evening of October 4th, a small cofferdam was completed around the leak, containing the release. A clamp was also installed, greatly reducing flow. A larger, engineered clamp was being fabricated with expected installation mid October.   It is unclear how long the pipe was leaking; however, residents have repeatedly reported to LDEQ strong and distinct fuel and diesel odors during rain events.

From the LDEQ EDMS document: The pipe in question was partially submerged by rainwater that had accumulated in the footprint of the former Tank 250-3.  Solid boom was deployed to prevent the oil from spreading. Fire fighting foam and hydrocarbon metabolizing enzymes were applied to stained areas to minimize volatilization and odor. Oil was removed from the water with skimmer and vacuum trucks.

The pond was pumped down and the water transferred to the Refinery’s wastewater treatment plant. A small cofferdam was constructed to isolate the leaking pipe from the larger pond.  Once the pipe was fully exposed a clamp was installed over the leak. This greatly reduced the rate of the leak. A larger, engineered clamp was being fabricated. Installation expected later that week (mid October 2015).

Oil staining was observed on two egrets that had landed in the affected spill zone. Bird deterrent flashing posts were installed to prevent further contact. The Louisiana Department of Wildlife and Fisheries was contacted and two bird specialists were sent to the refinery. They recommended that one of the birds be captured and cleaned. As of October 6 2015 attempts to capture the bird have been unsuccessful.


There were no notifications made to the nearby neighborhood. Valero reported there were no offsite impacts. 

Monday, November 9, 2015

save our wetlands

The proof in dredging to save our wetlands.

Captain Devin 2013-05-02

"In 1991 the Caernarvon Diversion was created in an effort to restore the marsh by building land, benefit the commercial fishing industry and somewhat emulate what the Mississippi used to do years ago. This is great except for one thing.
It didn’t work."

"Now our problem has been compounded in that the Army Corps of Engineers wants to build a larger diversion at Braithwaite, this one capable of putting out 250,000 cfs of water. That was not a typo! You read it right. That is a quarter million cubic feet of water per second flowing into our saltwater marsh. If Caernarvon did that much damage what would a diversion of that magnitude do at Braithwaite? Left in the hands of our government, it would destroy the marsh."

Wednesday, October 14, 2015

refinery rule for benzene monitors



Although this new refinery rule is good progress and a step in the right direction, we still have a long fight ahead of us. This rule will monitor for benzene, a known carcinogen.  Our problem in St. Rose has been release of the chemical hydrogen sulfide – a neurotoxin. If they’re not allowing hydrogen sulfide to be monitored, there’s obviously a bigger problem.   

Statement from Martha Huckabay, Vice President of St. Rose Community One Voice, regarding the EPA’s new Refinery Rule   http://www.labucketbrigade.org/blog/statement-martha-huckabay-vice-president-st-rose-community-one-voice-regarding-epa%E2%80%99s-new 



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