Chemical of the Month

 From Our Neighbors and Friends upriver in St James Parish

As St Bernard Parish Council approves zoning changes to transform Florissant Highway to a heavy industrial corridor, it paves over paradise to accommodate requests for more methane pipelines and compressor stations, while still struggling to complete marsh and wetlands restoration in the same general areas. As the proliferation of methane extraction, processing, and export continues in Louisiana and Texas, we should at least try to understand that Methane is a potent greenhouse gas that has more than 80 times the power of carbon dioxide over a 20-year period. Methane currently makes up about 16% of all greenhouse gas emissions, it is responsible for between 20-30% of all global warming.

That is the legacy we are leaving our grandchildren with  -- all in the name of exports and tax revenue.

CHEMICAL OF THE MONTH - Methane

By Caitlion O. Hunter, Esq.

A service program of RISE St. James; Caitlion O. Hunter, Esq.; Tim Schütz, PhD Researcher, Anthropology University of California, Irvine; and The Community Scientist (TCS) Research Team

At this year’s COP28, the United Nations’ annual climate conference, reducing methane emissions has been a hot topic of discussion for countries around the world. Fossil fuel companies pledged to reduce methane from pipeline leaks, using technology like satellites or drones to detect these rogue methane emissions. EPA announced new rules this month that also are estimated to stop methane from leaking into the atmosphere from leaks and flaring. In Louisiana alone, industrial facilities and oil and gas operations leaked and flared enough methane to power all the houses in Baton Rouge for one year! While stopping leaks is important, neither of these rules addresses the source of these methane emissions- mining, drilling, and burning fossil fuels. And neither the United States, by far the largest emitter of methane from oil and gas, nor China, by far the largest emitter of methane from coal, have meaningfully reduced their consumption or production of fossil fuels.

https://risestjames.org/methane

Public Participation in EPA decisions

 

EPA Seeks Comment on Draft Policy for Public Participation in Agency Decision-Making Processes

 

The U.S. Environmental Protection Agency (EPA) announced the release of the draft policy, Achieving Health and Environmental Protection Through EPA’s Meaningful Involvement Policy, that outlines updates on how the Agency will engage with the public and provide meaningful public involvement in all of its programs and regions. This policy is grounded in the acknowledgment that EPA's actions further strengthen health and environmental protections when they are informed by individuals with lived experience.

 

This draft policy updates EPA’s 2003 Public Involvement Policy, and incorporates lessons learned over the past twenty years as it has worked to promote an agency-wide approach to providing meaningful involvement opportunities. EPA will apply the draft policy to all national program and regional actions that may benefit from public input. The draft policy describes 3 steps for meaningful involvement:

 

• Identifying the decision(s) in an EPA action that may be influenced by public input,
• Using the public participation spectrum, and
• Using the public participation model.

 

The draft policy will be available for a 60-day public comment period, ending on January 16, 2024.

 

Tribes may request consultation regarding this policy by January 5, 2024, by visiting EPA’s Tribal Consultation Tracking Opportunities System (TCOTS) website.

 

Comments can be submitted via:

 

• Emailing: MeaningfulInvolvementPolicy@epa.gov;
• Submit the contact us form: https://www.epa.gov/environmentaljustice/forms/epas-meaningful-involvement-policy-public-comment-submission 
• The draft policy docket: EPA-HQ-OEJECR-2023-0326 at www.regulations.gov. 

 

Learn more: https://www.epa.gov/environmentaljustice/epas-meaningful-involvement-policy

 

Questions: Please contact MeaningfulInvolvementPolicy@epa.gov.

 

The draft policy advances the Biden-Harris Administration’s commitment for meaningful engagement with the people the Federal Government serves. Additionally, it builds on upon President Biden’s Executive Orders 13985, 13990, and 14008 to protect public health and tackle the climate crisis.

 

Background

In 1981, recognizing the requirements for meaningful public engagement in authorizing statutes and executive orders, EPA issued its Public Participation Policy, addressing public participation in decision-making, rulemaking, and program implementation by the Agency and entities carrying out EPA programs. In 2003, the Agency published its updated Public Involvement Policy, resulting from the multi-year effort of the cross-agency “Review of EPA Public Participation Policies” Workgroup established in 1999. EPA had success with hosting regular meetings of a cross-agency community of practice, building a web portal, developing training, publishing a newsletter, documenting case studies, and collecting information on customer satisfaction.

 

Although this document does not create new requirements or mandatory obligations for EPA, the recommendations finalized in the policy will provide the public with meaningful involvement opportunities for program and regional needs. EPA seeks to collaborate with all segments of the public on this policy.

This is a message from the EPA-EJ Listserve.  This is a moderated listserve.  Postings are done by the US EPA's Office of Environmental Justice.  To send a message for posting, send it to environmental-justice-epa@epa.gov.

YOUR VOICE. YOUR VOTE

 GET OUT AND VOTE

Online Voter Registration Deadline October 28
Louisiana Secretary of State R. Kyle Ardoin website 
https://voterportal.sos.la.gov/VoterRegistration

The St Bernard Parish Registrar of Voters staff invite residents to come out and register to vote! Register to Vote any weekday 8am - 4:30pm at Registrar of Voters Office 8201 W Judge Perez Drive, Chalmette, LA 

For the November 18 2023 Election

Candidate information:   https://voterportal.sos.la.gov/candidateinquiry

• The deadline to register to vote in person, by mail or at the OMV Office is Oct. 18.    

• The deadline to register to vote through the GeauxVote Online Registration System is Oct. 28.

• Early voting is Nov. 3-11 (excluding Sunday, Nov. 5 and Friday Nov. 10 for Veterans Day) from 8:30 a.m.-6 p.m.

• The deadline to request an absentee ballot is Nov. 14 by 4:30 p.m (other than military and overseas voters). You can request an absentee ballot online through our Voter Portal or in writing through your Registrar of Voters Office.

• The deadline for a registrar of voters to receive a voted absentee ballot is Nov. 17 by 4:30 p.m. (other than military and overseas voters).

• On election day, the polls are open from 7 a.m.-8 p.m.
• To find your polling place https://voterportal.sos.la.gov/

For More Information Contact your local ROV in the Government Complex Building

Louisiana Elections Hotline Number is 1.800.883.2805

Benzene levels PBF Energy Chalmette

 EPA's Dashboard Tools for Benzene fence line monitors are available HERE

Select Refinery Name for data.

Under EPA's "Refinery Rules" fence line monitoring data for benzene is reported to the EPA in two week averages for each monitor and also reported in facility wide annual rolling averages. There is no public access to real-time monitoring data and no requirement for community alerts.

On the EPA Dashboard website on the lower right, select the tool monitors  for displays of the physical location of each monitor at the selected refinery. Switch to the tool to monitoring trend for display of the two week averages for each monitor at a facility.

For the 2nd Quarter 2023 at PBF Energy's refinery in Chalmette, Louisiana, the EPA monitoring trend tool indicates numerous two week averages benzene above the EPA "action level" of 9 ug/m3.

One monitor at PBF Energy Chalmette is displayed with 120 ug/m3 as a two week average for the time frame ending May 17 2023.

For more information on the EPA Benzene Fenceline Monitoring Program

https://awsedap.epa.gov/public/extensions/Fenceline_Monitoring/Fenceline_Monitoring.html?sheet=background

continued high benzene levels

 

PBF Energy's Chalmette Refining 2nd Quarter 2023 benzene report indicates further tank issues.

There have been no alerts to the surrounding community 

see here for update:  https://concernedcitizensaroundmurphy.blogspot.com/2023/04/benzene-levels-elevated-still.html

NO MORE NIGHT TRAINS

 

ST BERNARD PARISH  --- We're Growing

St Bernard Parish is growing and we invite others to come grow with us.

St Bernard is one of the fastest -- if not the fastest growing residential communities in Louisiana.

Businesses and industries in St Bernard are also growing.

In St Bernard we value our peaceful rural - suburban quality of life, and we seek to improve the environment and public health outcomes.

We want businesses and industries in St Bernard to be profitable, sustainable businesses.

But not at the expense of the peace and quiet of our residential communities, or at the expense of our air quality and human health.

We should be able to have economic development with growing businesses and growing family friendly neighborhoods -- it's not mutually exclusive.

St Bernard and adjoining Orleans Lower Ninth neighborhoods are already unjustly burdened with the non-attainment sulfur dioxide air quality mainly attributed to Rain CII Carbon, the recent high benzene fence line readings at PBF Energy's Chalmette refinery, and a high national percentile of diesel exhaust emissions.

Another part of the growing pains that further shift the balance towards industry stems from multiple industrial expansions recently permitted without consideration of rail traffic and night trains.

The recent schedule change from day time to night trains are the direct cause of significant adverse effects on public health and quality of life in communities along this single rail line, including minority and low income populations. It is another unjust burden on the families in our neighborhoods, and there seems to be no reason for night trains other than an unwillingness or inability to make the appropriate investments in rail infrastructure and adequate number of engines and crew members.

We're asking EPA Region 6, EPA's NEPA Program, USACE, and LDEQ to require a full rail traffic study in St Bernard Parish before issuing any more permits for expansions or new facilities, for the rail study to consider the lack of capacity for current industry and how rail service will accommodate growing business demands WITHOUT NIGHT TRAINS !!

Night trains are not an option in St Bernard Parish due to the close proximity of rail to housing and the numerous railroad crossings along the line from Braithwaite through Poydras, to Violet, Meraux, Chalmette, and literally meandering through neighborhoods in Arabi and then into Orleans Lower Ninth Ward neighborhoods. The vibrations of the engines physically rattle houses, and the horns along with the cling clanging on the rails wakeup households between the hours of 2AM and 4AM, 3 to 4 nights a week, sometimes more.

Our children can not grow and develop and learn at school with the sleep deprivation from night trains. In adults, sleep deprivation causes a number of negative pubic health outcomes, including increased thrombosis (blood clots) which causes strokes, heart attacks, and death.

Like so many other issues in our parish's environment, we are dependent on EPA and LDEQ to provide a livable human habitat. We implore EPA, EPA's NEPA Program, USACE, and LDEQ to consider rail traffic in all permitting decisions in St Bernard Parish.

We're asking the railway company to be a good a neighbor, to invest in the appropriate infrastructure, number of engines and crew members, and whatever else is required to prohibit night trains.

PBF Energy benzene levels elevated still

 

August 2023 UPDATE

PBF Energy's Chalmette Refining continues to report high benzene levels; this has been a years-long high benzene level since early 2021 reports that included suspected offsite sources, yet to be identified.

In addition to its required inspections, PBF Energy has invested in additional monitoring, including an initial geospatial monitoring of air pollutants (GMAP) of the refinery in mid May 2023 and a follow up in mid July 2023. In the August 2023 report, all identified tank deficiencies are reported as repairs completed.

PBF Energy is in process of developing a further tank monitoring plan. The LDEQ EDMS link is now available here: https://edms.deq.louisiana.gov/app/doc/view?doc=13961589

The updated EPA's Benzene "Dash Board" is pending.

EPA Benzene "Dash Board" data is available at link by selecting Region 6, Louisiana, Chalmette Refining from the upper menu and then selecting the  "monitoring trends" graph on the lower right. This monitoring trends graph displays two week averages from each fence line monitor. Each monitor's location is available by switching back from "monitoring trends" to "monitors" graph.

https://awsedap.epa.gov/public/extensions/Fenceline_Monitoring/Fenceline_Monitoring.html?sheet=MonitoringDashboard

PBF Energy's 2nd Quarter 2023 report includes all sample periods in the 2nd Q2023 in which the sample period △C was greater than 9ug/m3, and are reports as high as 26, 16, 18, 26, 12, 13. There is no indication of which monitor(s) recorded the high readings. The EPA action level is 9. If the Annual rolling average for the refinery is 9 or above, the refinery makes required reports of monitors with two week averages greater than 9ug/m3 to LDEQ EDMS, along with any root cause analysis information. Each monitor's two week average information becomes available on the EPA "Dash Board" for all refineries regardless of the Annual rolling average. There is no access to real time data. Although some refineries, including PBF Energy and Valero Energy, have their own separate websites, which do provide real time data for all fence line monitoring at the select locations. However, here in St Bernard Parish Louisiana, neither PBF nor Valero provide such information to the communities.

For the following 2 week periods at PBF Energy's Chalmette Refining, the LDEQ EDMS report (obtained via public records request) indicates two week averages of benzene as:

3/21 - 4/04    26 ug/m3

4/04 - 4/7     16 ug/m3

4/17 - 5/02   18 ug/m3

5/02 - 5/17    26 ug/m3

5/17 - 5/31   12 ug/m3

6/13 - 6/27   13 ug/m3

Tank deck fitting deficiencies identified on several (at least 7) tanks in May 2023

Several other tank's seal deficiencies identified in April and May 2023

Additional geospatial monitoring of air pollutants (GMAP) of the refinery in mid-May and Mid-July identified additional tanks for deck fitting inspections.

All repairs completed by June 30 2023. A secondary deck fitting issue on one tank detected July 2023, repaired August 2023

All tank seals repaired by July 31 2023

PBF Energy is in the process of developing a monitoring program aimed at detecting potential issues with tank deck fittings, expected plan development by Sept 30 2023

UPDATED

Our communities can not continue to wait for clean air.

In St Bernard Parish, residents highly value living in a community with a clean environment, free of air, water, and land pollution. We are dependent on EPA and LDEQ to achieve that goal.

We can’t remember a time when the air quality in St Bernard was attainment for sulfur dioxide, and now the EPA Refinery Rules benzene fence line monitoring two week averages demonstrate persistent issues in the industrial corridor along West St Bernard Highway in Chalmette. [1] 

We have years of monitoring data for both the benzene and the sulfur problem and no meaningful solutions for either. What we need is lower air permit limits and more consistent compliance with the Clean Air Act – without which attainment may never occur.

Real-time fence line monitoring at all industries in St Bernard would be one step closer to continuous control of emissions. According to EPA’s 2022 Docket EPA R06 OAR 2017 0558 Finding of Failure to Attain the Primary 2010 one-hour sulfur dioxide national ambient air quality standard (NAAQS) [Federal Registry Dec 7 2021 at 69210-69215 (page numbers)] :

“In St Bernard strict compliance with Title V permit limits is paramount to air quality attainment, as emissions limits used in modeled design values are within a thin margin of attainment ("little margin of safety").” [emphasis added]

Here EPA reiterates how very fragile our air quality is. Air quality problems can and do exist even when facilities are in compliance with air permits. Granting variances and exemptions pose even more challenges. Excess emissions can and do easily exceed NAAQS limits and it is our health that suffers the consequences. 

In communities already overburdened with air pollution and frequent weather events, “every single unauthorized emission event is consequential”, every excess emission amount is harmful. As EPA concurrently reviews several parts of LDEQ’s air regulations’ SIP (State Implementation Plan to comply with the Clean Air Act), it should be a comprehensive approach, including consideration of the cumulative effects of the many different chemicals in the air we are forced to breathe and the public health, human risk factors, and quality of life consequences. 

LDEQ is currently working on possible revisions to its State Implementation Plan, “SIP”. One such SIP is LDEQ’s revised plan to bring the air quality of sulfur dioxide in St Bernard into safer levels, called attainment. LDEQ is expected to present that sulfur plan sometime this Fall 2023 for public comment and EPA approval. LDEQ recently presented its annual report for its statewide air monitoring network, which is also subject to EPA’s approval process. EPA is concurrently reviewing public comments on its proposed rule to change how States address  excess emissions during times of startup, shutdown, and malfunction. [Federal Registry Feb 24 2023 at 11842-11865 (page numbers)]

EPA needs to be thorough and stand up to any political hindrances to compliance with the Act.

Our communities can not continue to wait for clean air.

[1] Benzene monitoring reports have been as high as 58 and 38 ug/m3 two week average !! 
Measures of 9 ug/m3 or higher is the trigger for corrective action.

Reports in LDEQ EDMS for the EPA Refinery Rules benzene fence line monitoring indicate years-long benzene issues in that industrial corridor in Chalmette along West St Bernard Highway and with river traffic emissions. This is the same area a new diesel renewals plant is under construction.

We appreciate that PBF Energy’s Chalmette Refining (AI # 1376) stepped up with enhanced monitoring and corrective action as identified.

The reports indicate a disturbing issue with a suspected off site sources. There seems there was corrective action in 2019 and 2020, and while there has been corrective action in 2022, what we don't see in the 2022 & 2023 reports is a lowering of the benzene levels, which indicates workers and residents are still exposed, and that corrective action is not occurring with the off site sources. A recent report on 4th Quarter 2022 clarifies the additional monitoring is inconclusive that off site sources are solely responsible for elevated levels, and, there is an ongoing 2023 monitoring project to monitor the storage tanks in an area of elevated readings. There is no information yet found in EDMS for adjacent sources testing and corrective actions; adjacent sources are not refineries and not subject to EPA's Refinery Rules benzene monitor requirements.

We suggest EPA and LDEQ trust but independently verify PBF Energy’s findings, and act expeditiously to lower emissions of these harmful air toxins.

We suggest EPA and LDEQ expeditiously identify the offsite sources and require corrective action to lower the emissions.

UPDATED to include 2nd Q 2023 two week averages benzene as high as 26, 16, 18, 26, 12, 13

PBF Energy completed various tank repairs and is in process of developing a tank monitoring plan.

EDMS link is pending; EPA "Dash Board" update is pending.

1st Q 2023 two week averages benzene as high as 37, 24, 15, 30, 58, 17 third party to conduct geospatial monitoring in May 2023 to further identify root causes has begun inspection and repairs on any deck fittings, tank seals with detectible benzene emissions the calibration gas system leak repaired and replaced for gas chromatograph testing

https://edms.deq.louisiana.gov/app/doc/view?doc=13832577

April 2023 report: ongoing investigation including project to monitor storage tanks 

https://edms.deq.louisiana.gov/app/doc/view?doc=13793875

September 2022 to December  2022 : 2 week averages benzene as high as 15,12,10, 9.3, 9.9, 38, 35, 17, 11, 16, 16, 22 ug/m3 

https://edms.deq.louisiana.gov/app/doc/view?doc=13700866

July 2022 to August 2022 two week averages benzene as high as 16, 11, 11, 21, 21, 12 ug/m3

https://edms.deq.louisiana.gov/app/doc/view?doc=13569016

March 2022 to June 2022  two week averages benzene as high as 9, 12, 14, 7, 27, 56, 22 ug/m3

https://edms.deq.louisiana.gov/app/doc/view?doc=13569018

December 2021 both two week averages benzene were 31 and 26 ug/m3

both attributed to offsite sources

https://edms.deq.louisiana.gov/app/doc/view?doc=13173297

2nd Quarter 2021 two week averages in early April and in mid June were both 10 ug/m3

https://edms.deq.louisiana.gov/app/doc/view?doc=12885878

1st Quarter 2021 two week averages late February through March both 18 ug/ms

https://edms.deq.louisiana.gov/app/doc/view?doc=12742641

2019 through 2020 supplemental information for first quarter 2019 through fourth quarter 2020 for when the rolling annual average benzene was greater than 9 ug/m3; this report is about corrective actions taken      

https://edms.deq.louisiana.gov/app/doc/view?doc=13673146

We appreciate that PBF Energy’s Chalmette Refining (AI # 1376) stepped up and invested in its sludge centrifuge and other refinery investments for corrective actions to reduce benzene emissions. We appreciate that PBF Energy made an additional investment in field gas chromatograph (GC) monitoring to aid in determining potential benzene sources. Our understanding is that based on the near real time results and correlation to meteorological data the indicators point to two suspected offsite sources (one to the West and one to the South of the Chalmette refinery). A report posted to LDEQ EDMS in April 2023 notes a recent ongoing project to monitor storage tanks for about six weeks, into early June 2023. The April 2023 report also notes the additional monitoring is inconclusive that off site sources are solely responsible for elevated levels.

https://edms.deq.louisiana.gov/app/doc/view?doc=13793875