To: Secretary Deb Haaland
Department of the Interior
1849 C Street, N.W.
Washington DC 20240
CC: Joseph R. Biden, 46th
President of the United States
Date: November 13th,
2022
Subject: Request for Intervention under Title 43/Chapter 34 Trans
Alaska Pipeline
Severity: *HIGH*
Dear Honorable Deb Haaland;
In Alaska, due the fact that
there exists an ongoing Dire Emergency with respect to negligent
generation of “Benzene” as an air pollutant, through this correspondence in
request that the Secretary of the Interior immediately intervene. In
efforts to address and therefore arrest this “emergency” condition, wherein
that position of authority granted the “Secretary” finds the power to
act, through Congressional approval to perform such an intervention - even if
in action it is considered interference by others through their inaction. Such
action is required, due that inaction condoned by others through negligence
that which is causing health regard harm to the population base those in harm’s
way this “emergency” situation, with respect to the well-known adverse health
effects from “Benzene” exposure fallout – both short-term and what appears to
be the sad reality coming to light the effect of long-term over-exposure as a condition
of gainful employment. And if left unchecked by the authorities having
jurisdiction to combat such an ongoing atrocity, most likely it will find an
additional cause & effect destructive pathway, upon subsistence ways and
means, the livelihood of many Alaskans that rely on such to survive. Especially
in Prince William Sound, wherein this “Benzene” is being generated and will no
doubt target the natural habitat relied upon by fish and wildlife. Such
targeting can only deliver devastation as an end result. One wreck in the
“Sound” was enough(EXXON Valdez), the environment should not be chastised again
through this “Benzene” poisoning, when it is but for “Big Alaskan Oil”
profiteering.
This action in request for
intervention upon the above concern begins with Title 43 Public Lands – Chapter
34 Trans Alaska Pipeline and for the record is so recited with special
attention to what is outlined under (b); “Control and removal of
pollutants at expense of right-of-way holder”:
~~~~~
§1653. Liability for damages
(a) Activities along or in vicinity
of pipeline right-of-way; strict liability; limitation on liability;
subrogation; emergency subsistence and other aid; exemption for State of Alaska.
(1) Except when the holder of the
pipeline right-of-way granted pursuant to this chapter can prove that damages
in connection with or resulting from activities along or in the vicinity of the
proposed trans-Alaskan pipeline right-of-way were caused solely by an act of
war or negligence of the United States, other government entity, or the damaged
party, such holder shall be strictly liable to all damaged parties, public or
private, without regard to fault for such damages, and without regard to
ownership of any affected lands, structures, fish, wildlife, or biotic or other
natural resources relied upon by Alaska Natives, Native organizations, or
others for subsistence or economic purposes. Claims for such injury or damages
may be determined by arbitration or judicial proceedings.
(2) Liability under paragraph (1) of
this subsection shall be limited to $350,000,000 for any one incident, and the
holders of the right-of-way or permit shall be liable for any claim allowed in
proportion to their ownership interest in the right-of-way or permit. Liability
of such holders for damages in excess of $350,000,000 shall be in accord with
ordinary rules of negligence.
(3) In any case where liability
without fault is imposed pursuant to this subsection and the damages involved
were caused by the negligence of a third party, the rules of subrogation shall
apply in accordance with the law of the jurisdiction where the damage occurred.
(4) Upon order of the Secretary, the
holder of a right-of-way or permit shall provide emergency subsistence and
other aid to an affected Alaska Native, Native organization, or other person
pending expeditious filing of, and determination of, a claim under this
subsection.
(5) Where the State of Alaska is the
holder of a right-of-way or permit under this chapter, the State shall not be
subject to the provisions of this subsection, but the holder of the permit or
right-of-way for the trans-Alaska pipeline shall be subject to this subsection
with respect to facilities constructed or activities conducted under
rights-of-way or permits issued to the State to the extent that such holder
engages in the construction, operation, maintenance, and termination of
facilities, or in other activities under rights-of-way or permits issued to the
State.
(b) Control and removal of pollutants
at expense of right-of-way holder
If any
area in the State of Alaska within or without the right-of-way or permit area
granted under this chapter is polluted by any activities related to the
Trans-Alaska Pipeline System, including operation of the terminal,
conducted by or on behalf of the holder to whom such right-of-way or permit was
granted, and such pollution damages or threatens to damage aquatic life,
wildlife, or public or private property, the control and total removal of the
pollutant shall be at the expense of such holder, including any administrative
and other costs incurred by the Secretary or any other Federal or State officer
or agency. Upon failure of such holder to adequately control and remove such
pollutant, the Secretary, in cooperation with other Federal, State, or local agencies,
or in cooperation with such holder, or both, shall have the right to accomplish
the control and removal at the expense of such holder.
~~~~~
First and foremost, in
consideration of the above Federal jurisdictional “Statute” a “Law of the Land”
in consideration this request for “Immediate Intervention”, it is not a concern
over pollution borne out or “caused solely by an act of war or negligence of
the United States, or other government entity”. Therefore there exists the
issue of liability in consideration this “statute” in “such(Right-of-Way)
holder shall be strictly liable to all damaged parties” and herein that
holder of interest to this “pollution” is assumed to be the Alyeska Pipeline
Service Company(“APSC” - Site Address: Alyeska Pipeline Service Company, 300
Dayville Road, Valdez, AK 99686 and/or “Corporate” Mailing Address: PO Box
196660; MS 504, Anchorage, AK 99519). Wherein this entity of interest in its
capacity to “Operate & Maintain” the Trans-Alaska-Pipeline(“TAPS”)
acts merely as the “holder’s” agent, but in the capacity as “on behalf of
the holder to whom such a right-of-way or permit was granted”. The
Right-of-Way(“ROW”) in question, with respect to this concern, that which when
in effect allows the Secretary the jurisdictional authority to intervene
when necessary to combat pollution caused by the “holder” granted such a
permit, while the latter continues to demonstrate negligence to abate, that
“right” originates since the 1974 timeframe. It allows the “right” to trespass,
with conditions. In 2004, the TAPS “ROW” was reissued with an 2034 expiration,
therefore the Secretary is in realization that the allowance to
intervene should also demonstrate that the “holder” must abide by the terms and
conditions of the “permit” during its functional duration, especially with
respect to “pollution” and its “Total Removal” criteria as found under Title
43. And when that same “ROW” permit was in the renewal process before the
Bureau of Land Management in that 2004 time-frame, the FEIS was prepared under
the authority and specifics of 43-U.S.C., specifically §1651 - yet “holder” has
failed to live up to the expectations demanded for “control and total removal
of the pollutant” in question, namely cancer-causing “Benzene”. Therefore, the
consideration for intervention under Title 43/Chapter 34 is allowed, as
“holder” has knowingly failed to demonstrate its due diligence in adherence to
any such “Total Removal” process and or policy. Or for that matter, any interest
to abide by Title 43/Chapter 34 when such “pollution” has been so detected, in
failure with its “Total Removal” responsibility as found under the “ROW”
permit, because the responsible party is remiss in its duty to “adequately
control and remove” the said pollutant – “Benzene” and “Hexane”, both
considered “Hazardous Air Pollutants(“HAP”) by the EPA. The latter constituents
of concern a carry-over from the storage process of upwards 6 to 9-million
barrels of North Slope crude oil at the Valdez Marine Terminal(“VMT”), wherein
during the storage process uncontrolled “out-gassing” for the most part is
captured but denied efficient destruction in the existing “Vapor Recovery
Thermal Oxidizers”. The latter facility consists of the original abatement process
equipment designed(circa 1974) for conditions that no longer exist for the
required “transition destruction time interval”, the theoretical “retention
time” required for “Total” thermal decomposition of “Hazardous Waste Gases”
generated from the storage of upwards 25% of the nation’s energy needs. Wherein
it is of evidence that the system has been operated haphazardly, upwards 750%
over its original design criteria. Therefore, the Terminal(VMT) through its
“operation” has become a “Benzene Generator”. The evidence that the system is
no longer working properly is based on the fact the “spot” sampling for
“Benzene” in a 3.5-mile radius from the source is alarming, and targeting a
population base. It has allowed the “cancer risk factor” to extend well beyond
the national average and or comfort limits set by the EPA and that “risk”
targets both the workers involved at the “VMT” facility(>400) and the
citizens of Valdez, Alaska(>180). In excess this “Benzene”, due the existing
crude oil being “heavily spiked” with otherwise useless “Natural Gas Liquids”
considered a by-product of the North Slope crude oil recovery process, yet the
latter finding no market as a valued product on its own. There is but for
a single “carrier pipeline” from Alaska’s North Slope to a tidewater port,
wherein then the “crude oil” once stranded can enjoy a transition to a
commodity market, wherein the $profits$ from oil development can be realized
and enjoyed. Thus, the North Slope producer’s find convenient ways to outlet
other “stranded” commodities, through “commingling” as is the case with “NGL”
spiking. Therefore, the latter is used as an oil enhancer for increased profits
only, under the jurisdiction of the TAPS “Quality Bank”. Basically speaking,
“spiking” is a menace in disguise any semblance of an “Added Value Product” and
merely a ways and means to dispose of the “extracted gas liquids” for an
additional profit. To reiterate, with a single pipeline in existence from the
North Slope oil fields, creative accounting reigns. In a nutshell, once the
North Slope crude oil is “spiked” and the advantages of the NGL addition has
been verified at Pump Station #1, any “out-gassing” loses are immaterial, as
the added value product has made its mark in the profit margin and what is lost
in storage is a moot point for the oil resource owners, that which includes the
State-of-Alaska through its “Royalty” ownership. There comes no interest in conservative
policing of the inherent “vapor loss”, and the fallout is excessive “Benzene”
generation followed by human exposure. Therefore this “spiking” ritual creates
no demand for accountability, it creates only a demand to do as little as
possible with respect to air pollution generation. Said again, it is a profit
driven desire and contributes to “Benzene” pollution and exposure greater then
what would be found normally without the “spiking”. There is so much room for
improvement, but without the Secretary intervening, the next 12-years
will see more of the same in result increased air pollution in Valdez, Alaska.
Which equates to an increased cancer risk. Therefore, it is time the Secretary
intervenes to accomplish this “Total Removal” of this “Benzene” hazard, by
taking control over this task as is allowed and required under Title 43. The
phrase “Total Removal” finds so freedom otherwise. This is what our Congress
demanded.
Based on Title 43, the
Secretary has the option to intervene when a party operating under a “ROW”
permit is remiss in the duty to prevent pollution and or righteously abate
pollution to the “Total Removal” criteria, that which remains as so as an
unamended requirement, if such “pollution” is allowed to become a heath
detriment due negligence. It was only publicly discovered in 2003 that in the
1990/1991 timeframe, the Alyeska Pipeline Service Company had been negligent
and continues to be negligent and causing harm by allowing “Benzene” to escape
its operation at the “Terminal” and that cancer-causing constituent allowed to
roam freely into the breathing air of populated areas. The town proper of
Valdez, Alaska is merely 3-miles away, with the only thing between the
generated “benzene blanket” and the breathing air is a body of water. No other
natural barriers exist to divert the “Benzene” that is emitted during the
storage of the TAPS crude oil away from the population base. To reiterate the
bad news surrounding this “Benzene” generation, as posted by a local oversight
council that is entrusted with oversight capabilities to independently monitor
what is ongoing with respect to the TAPS oil storage facility in Valdez, and
this entity working without either State-of-Alaska or Federal strong-arm reach capabilities,
the following is paramount:
Why is benzene of concern? Benzene is a known human carcinogen and has been shown to cause rare forms of
leukemia including acute myelogenous leukemia, acute lymphocytic leukemia, and
chronic myelogenous leukemia. Breathing very high levels of benzene can result
in death, while high levels can cause drowsiness, dizziness, rapid heart rate,
headaches, tremor, confusion, and unconsciousness. The major concern for
long-term exposure to benzene is the effect on the blood. When a person
breathes high levels of benzene, about half of it leaves the body through
exhalation. The other half passes through the lining of the lungs and into the
blood stream. Once in the blood stream, benzene can be stored in bone marrow
and fat. In the bone marrow and liver, benzene is converted to products called
metabolites, which are linked to the cause of leukemia. Chronic, or long-term
exposure to benzene is linked to leukemia (cancer of the bone marrow needed to
produced blood cells).
That said, many today are concerned
about “Global Warming”, I like to use the more appropriate term of “Global
Warning” as the “Warming” trend is complete. But to allow an industrial entity
to disregard the crash course we are on with respect to environmental
responsibility and allow this single point source in concern to remain, outside
intervention is our only hope. To be congratulated as the largest industrial contributor
of “Benzene” releases into the environment, without even the slightest indication
to demonstrate the willingness for even an attempt at any semblance of a “Total
Removal” interest through a better “state-of-the-art” abatement process, well
maybe due the fact this APSC operates in a far away and far-removed place, so it
challenges our wherewithal as stewards of our environment. That said, Valdez is
a company town, and maybe the “shoot the messenger” label that APSC once
cherished as a ways and means to hide the “truth” and control the workers’
“voice” still applies and the workers with concerns afraid to make waves. Said
again, “Benzene” exposure may be a condition of continued employment. I know all
about that “messenger”, as back in the 80s I was labeled a “vocal union
supporter” in Valdez, while employed by APSC, because of my concerns with
“pollution” and my career was castrated for just trying to get the management
to show some appreciation for our health. And this environmental abuse in
consideration with “Benzene” exposure, it has been going on now for well over
45-years.
Most recently in March of
this year, in another act condoned through that same negligence and inaction,
it allowed for even more cancer-causing “Benzene” releases above and beyond,
because that release was “uncontrolled”, at this same site the TAPS “VMT”. It
is like the Valdez basin has become the “guinea pig test” capital, to see just
how much “Benzene” we as humans can tolerate. When at this same time, the
Alyeska Pipeline Service Company had its legal team out in full force trying to
contest over 50 serious violations before the OSHA/DOL – that which originated
at the “VMT” alone through a 2020 “Serious Violator” citation. That which also included
many similar violations by several of Alyeska’s contracted workforce, violations
due “Benzene Exposure”. Numerous violations with numerous exposures. To
reiterate, APSC is responsible for its contract workforce under that “conducted
by or on behalf of the holder to whom such right-of-way or permit was granted
in the capacity of the ROW holder”, yet the abuse remains and seems to be
getting worse. In that “citation”, for the most part in the severity “10”
category and here we are again, with yet another “Benzene” release – that is
already under investigation by the State-of-Alaska and a “criminal case” has
been opened – as it is no doubt a criminal mindset activity as “Benzene” kills!
This time around with the most recent “Benzene” release, “Totally” uncontrolled
because the snow loads went unintended and damaged the secondary relief valves
on several of the humongous 500000-barell crude oil storage tanks, which means
excessive hazardous releases. It re-defines “negligence”, as when the latter
allows for layers of “process safety management” to fall by the wayside, it is
a Dire Emergency situation. And when that kind of breach occurs, there
is no longer a way to “capture the vapors” and it was a “worse case” scenario,
as when the “vapors” went released, then there was no clear path for workers to
immediately fix the problem, so “HAP” once again polluted the air in Valdez. It
was due to pure negligence, as the snow loads in Valdez have been well known
for the past 45-years. There is ZERO room for and excuse for this incident. No
way should the OSHA/DOL allow the APSC to continue to contest those 2020
violations, it does not deserve any leniency, especially in light of that most
recent pollution event that may find a “criminal” element. And of course this
release included “Benzene”. That is another reason the Secretary must
intervene, as if the oversight does not throw the book at the APSC, the abuse
will continue. So existing oversight is inappropriate, it tries to make a case
yet finds way too many hurdles thrown about by the perpetrator, thus
intervention is needed more today than ever before, as the “holder” seems to
not care about such local oversight. More than enough reasoning as to why I
request the Secretary take this concern seriously and intervene - to
demand “Total Removal” of any “Benzene” releases, by giving APSC 30-days to
provide an approved plan of attack that favors a “Total Removal” mandate. Else,
the Secretary should temporarily suspend the existing ROW permit, until
such time the “Holder” replaces the existing TAPS “Operator” with an entity
that promotes environmental stewardship, else the citizens continue to lose and
“Big Oil” rules and thus our human health and the health of the environment remains
compromised. For heaven’s sake, this concern revolves around a mandate of
$profits$ come first, as “Big Oil” in Alaska has the means to do it right, yet
it has balked because of a single reason, it is getting away with it. And
today, for way too long and it appears the precedence sets the stage, for no
remorse.
Following the March 24th
1989 disaster in Prince William Sound with the wreck of the EXXON Valdez, the Prince
William Sound Regional Citizens’ Advisory Council(“PWSRCAC”) focused an
interest as a reliable local over-sight “watchdog” upon the TAPS operation in
Valdez, to oversee and coordinate with the Alyeska Pipeline Service Company all
things needing attention with respect to environmental issues. But that non-State
and non-Federal “independent entity” survives only through the generosity of
the entity it finds over-sight upon, so it is not always a win situation when
such oversight finds Alyeska in violation of things considered “harmful”. Like
a catch-22 in a caution, don’t bite the hand that feeds scenario extends a
chilling effect. Wherein the subject of “Benzene” exposure has been and
continues to be a bone of contention between this entity wanting Alyeska to do
things right and all the time Alyeska throwing roadblocks every which way but loose
to hold on to the status quo, that it is not doing anything wrong, so the
problems persist. Of record, Alyeska
believes the “Benzene” issue is not that entities responsibility, except for a
small percentage of that problem, that other factors not associated with the
“VMT” operation contributes the majority of that hazardous pollutant to the
Valdez basin. Yet there is no other industrial polluter in magnitude the
storage of so much oil that could even come close to be considered a major
contributor. So it is the denial syndrome, maybe due the fact admittance of
guilt promotes an issue in liability, so deny it and that seems to be exactly
what is going on with the APSC and the concern over “Benzene” generated as a
by-product of the TAPS operation in Valdez. And because there is NO true extended
reach oversight that facilitates itself as a referee when push comes to shove,
especially upon the subject matter of “Benzene” exposure with the PWSRCAC scientific
community saying this while the APSC scientists says something totally different
and in the opposite direction so rather confusing, that “no consensus” alone is
reason to believe there is an ill-fated romance any true oversight and we are then
in a Dire Strait Emergency. When the scientific community is at odds,
like we see with respect to this “Benzene” issue in Valdez, it does not work
there is nothing accomplished accept the harm continues. The end result, the
TAPS workers and Valdez citizens will suffer until such time there is a
consensus that builds a case that justifies the “Total Removal” of any
pollutants, as “Benzene” enjoys both a short-term and long-term grip in
devastating a human’s health.
In clarification, what I
mean with this “Total Removal” concept and as found in Title 43, make damn sure
the APSC uses every available option to “Totally Remove” any and all “Benzene”
before it can enter the atmosphere, else “cease to exist”. Be it “Total
Removal” through state-of-the-art technologies, and/or less “NGL” spiking, as
the original “Thermal Oxidizers” went outdated back in the 1980s. Back then,
when the “spiking” began the original Flour Engineers design criteria allowed
for the pollution control devices to eradicate “Waste Gas” discharged from the
storage tanks, but limited with a maximum BTU content of 1000. It was “Waste
Gas”, consisting of hydrocarbon constituents mixed with inert gas for safety
reasons. But someone thought that “Waste Gas” could be turned into a “Non-Waste
Gas”, that could then be used as a supplemental fuel. And this manipulation
would be accomplished by purposedly sucking light-ends out of the tanks to
increase the BTU content, in efforts to fuel the power boilers used to generate
an inert blanketing gas for the storage tanks. And through such manipulation,
that gas once considered a “Waste Gas” became a very volatile gas, with a
3000BTU content(Methane[8%] Ethane[10%], Propane[24%], Butane[25%],
Pentane[14%], Hexane[7%] and Heptane[12%]), so it encouraged something that was
not part of the original TAPS design, use this energy to fuel those combustion
boilers. Alyeska contends it was part of the original design criteria, that is
false as the original engineers understood it was best leaving it a “Waste
Gas”. They were right. Some believe it was a smart move, accept then the “Thermal
Oxidizers” could no longer function properly with that kind of volatility, and
more then likely that scenario contributed to premature decomposition of the
“Hexane” which could have produced even more “Benzene”.
That said, since the discovery
of “Benzene” running amuck and workers as well as residents of Valdez under the
exposure of harmful cancer-causing conditions, from source testing results performed
by Alyeska, there has existed an ongoing battle to what it all means – so
nothing gets accomplished that assures us someone cares. And even though the
oversight council in 2003 requested a “comparison test” be performed from that
1990/1991 study, because by then all that data controlled by APSC was outdated
and “missing data” was suspicious, that has never been accomplished and
therefore no one really knows the exact extent in harm wherein a sickening amount
of “HAP” arrives each and every day throughout the town of Valdez. But the fact
alone that the “risk” assessment of cancer was 400x the national norm for the
Alyeska “VMT” workforce and 180x greater for the school children in Valdez
trying to play outside at recess when “Benzene” was being emitted uncontrolled,
with limited clout by the regulators, it has allowed this “Benzene” madness to
propagate and progress to the point that time has run out for the useless
finger-pointing blame game. Without intervention by the Secretary of
the Interior, there will be cancer-causing deaths attributable to this so
far “do nothing worthwhile” deviant behavior attitude by the perpetrator,
namely the Alyeska Pipeline Service Company. And someday in the future, we will
then say we did not do enough. The bottom-line, “Benzene” exposure dominates
the discussion and even though questionable studies indicate that there today
exists “acceptable concentration levels along with acceptable risk to the
health of the population impacted” through “Benzene” exposure from the TAPS
“VMT”, that violates the “Total Removal” aspect of the “Law of the Land” as
found under Title 43/Chapter 34. Congress passed that legislation for a reason,
the wording states “Total Removal” of a pollutant and finds no option in this
“acceptable levels” criteria. And until such time the Congress finds the desire
to change that “law”, it must be abided upon, and that can only be accomplished
through intervention by the Secretary of the Interior. That is spelled
out in that “statute. So everyone admits that cancer-causing “Benzene” is aloft
and part of the everyday mood in the vicinity of the TAPS “VMT”, including the
town of Valdez, it does not work. Either the Secretary takes the
initiative to intervene and force upon the polluters this “Total Removal”
mandate or Congress has lost its wherewithal, and the citizens then have to
deal with the pain and suffering and grief, from loved ones sickened to death
from the cancers caused from “Benzene” exposure, to live with fear as to what
the future may mean for the retired “VMT” workers that where part of that
“guinea pig” experiment. I am one of those individuals, the reason I bring this
concern to the Secretary of the Interior, we demand action according to
that Title 43 through “Total Removal” of the “Benzene” pollutant.
On another very sad and
serious note related to what the workers at the “VMT” may be up against, it
paints a painful picture of what may be an atrocity awakening similar to what
went down with the “RoundUp” herbicide cover-up. I have touched on this briefly
but herein amplify that concern. Accordingly, we may be witnessing the time
released fallout of what it means to be forever exposed to “Benzene”, as a
condition of continued employment with the APSC and TAPS, as many ex-Alyeskan
workers are passing on way too young - when just trying to enjoy retirement. It
is that long term exposure fundamental at work. The latter consideration is a
liability issue that individuals or family members so affected may have to
pursue on their own accord, but the Secretary of the Interior today yields
the gavel to finally put a STOP to that possibility becoming an even more
devastating reality – wherein the damage has not yet been done but the
potential exists. For many, it is too late and for many more it could be too
late, if we continue to be lackadaisical about the seriousness with this
“Benzene Monster”, the trap it is, but there is hope for the existing workers
if action is taken by the Secretary. Title 43/Chapter 34 allows for
damage claims, $350,000,000 for each and every incident and if borne out of
negligence, that amount can increase. It is “negligence”. And I am sure that
when the Secretary gets involved in this matter, as that authority
should, that amount as a recovery for damages by some will bear the truths of
what it is all about - that Alyeska and its Valdez Terminal Operation is the
culprit the source for years of “Benzene” exposure treating the workers and the
community of Valdez as a “guinea pig” experiment. With involvement by the Secretary,
it will reinforce the enforcement efforts by others. So it is time that the Secretary
steps in, to make it known there is now a formidable force to be reckoned with,
as the State-of-Alaska(“SOA”) regulators have failed to abate this “Benzene”
concern, the EPA has failed due the “SOA” getting in the way, as it boils down
to the “SOA” wanting to maintain control when at the same time the “SOA”
profits from the TAPS operation – one cannot bite the hand that feeds finds
another way for Alyeska to retreat away from its conviction under Title 43.
Alyeska has known about this “Benzene” exposure for well over 42-years by now,
yet has not taken it seriously, as it takes time for the harm that monster can cause
in the long term exposure category and by the time we see the side-effects
taking its toll, Alyeska can pull another Joe Hazelwood excuse, that it was not
their problem - like trying to convince us that the high percentage of “Benzene”
captured in the little old town of Valdez is caused from LA like traffic or the
fact it is from tobacco smoke. And for real, Alyeska trying to pull the wool
that only 1% of the thousands and thousands of pounds of “HAP” measured in
Valdez is by fault through the “VMT” operation? The rest is someone else’s
problem? It is all a lie, a cover-up and when Alyeska forgot how to use a snow
shovel after 45-years, and the Valdez snow loads tore off the safety relief
valves on the 500000 barrel crude oil storage tanks and ruptured the integrity
of the system designed to “capture” the vapors before release, it was a worse-case
scenario, had an ignition source like from a thunder head been hanging about,
the entire tank farm would have been destroyed. It is time that the Secretary
of the Interior make it known the United States Government under President
Joseph R. Biden means business and gets a hold of this “Benzene” madness. As
this will help those of us that have lost loved ones due the cancers associated
with “Benzene” exposure, because our loved ones worked diligently in efforts to
keep America energized - well the death toll is sickening.
Please, take this under
serious consideration to get involved, to make sure there is no pollution that
associates itself with a “Benzene” exposure burden, as when this relief valve
damage in scenario allowed even more “Benzene” admitted into the air we
breathe, the kids in Valdez were outside enjoying recess, and Alyeska failed to
tell us what was heading our kids’ way. It is child abuse.
Please also acknowledge
receipt of this most critical correspondence with this Dire Emergency request
to intervene, that this message has been delivered to the above title, as we
are desperate for a correction course after way too many years of an entity
with a ROW permit knowingly allowed to commit to killing us, a DEAD END street
for an estimated $Trillion$ dollar profit. Thank You. If I can be of further
assistance, please contact as for 10-years during the 80s I was the “Lead
Controls Technician” for the VMT “Vapor Recovery System” and know exactly what
went on to make sure the system would not operate correctly to incinerate the
constituents that can kill us.
In ending, I have reproduced
several dynamic questions with far reaching answers published by PWSRCAC, that
which and should give even more insight into what the workers, what the town of
Valdez, what we in concern are up against when dealing with “Big Oil”, that
which has demonstrated it cares more about its profit margin then the cause and
effect of a cancer-causing constituent run amuck and attacking our health.
In 1996, Alyeska installed the Valdez Marine Terminal Tanker
Vapor Recovery Project. Alyeska estimates that the vapor recovery project
reduced VOC emissions by approximately 32,000 tons per year (tpy), to a current
estimate of approximately 5,200 tpy.
No ambient air quality monitoring was conducted after
the installation of the vapor recovery project to quantify the air quality
improvements made as a result of the project.
Combustion Equipment at the VMT is estimated to contribute
over 2,600 tons of VOC’s per year. Alyeska has indicated to EPA that it
estimated the amount of HAP’s contained as a percentage of VOC’s is 13 tons per
year. However, Alyeska provided no supporting data in their response the
1998 EPA request for HAP data at the terminal, to validate this estimate.
Due to the low level of VOC’s from these sources it is recommended that no
further emission testing be conducted. However, if PWSRCAC would like to pursue
validation of Alyeska’s benzene emission estimates for combustion sources it is
recommended that PWSRCAC first evaluate the tests that Alyeska has already
obtained on these sources.
What deficiencies are there in the data collected to date? PWSRCAC’s expert, Dr. Cohen, was
concerned with the very high percentage of missing data for the one-year
monitoring period. He noted that EPA typically requires high quality CEMS
monitoring data to yield data for at least 75% of the operating time period. Alyeska’s
CEMS data was missing for an average of 40-49% of the data. The
significance of the “missing” data is not known, since it was not clear whether
the missing data would have represented periods of high or low emissions that
would have changed the final average benzene estimate for each monitoring site.
Benzene levels obtained from the personal monitoring study averaged 7.7 ppb in
outdoor residential air, yet there is no logical explanation as to why the
residential benzene concentrations are 4-7 times larger than the CEMS
monitoring data, which only showed 1-2 ppb in the City of Valdez. Although
Alyeska attributed the higher residential benzene levels to other non-terminal
sources of data, that explanation doesn’t add up. Benzene associated with
vehicle emissions would have yielded correspondingly elevated levels of carbon
monoxide. If benzene associated with other industrial emissions, such as the
Petrostar Refinery, was the source it should have resulted in elevated levels
of benzene at the Valdez High School and Valdez Spit CEMS, rather than the
measured high levels of benzene at neighborhoods such as the Robe River
Subdivision, Mineral Creek Loop Road or Alpine Woods Estates. Indoor
residential levels of benzene of 20.2 ppb seem questionable. A recent study in Anchorage
investigated indoor benzene levels at approximately 3ppb (which is about double
what they measured outdoors.) Using that as a benchmark, the 20 ppb number
looks very high. PWSRCAC’s review of the personal monitoring study concluded
Alyeska’s study was flawed, and that their analysis showed that the terminal
contributed to about 30-90% of the indoor exposures and 30-60% of the personal
exposure to benzene.
Neither Aleyska nor PWSRCAC estimated the cancer risk for VMT
employees. However, based on monitoring data collected during 1990 and 1991 at
the VMT facility East Gate, the benzene levels were observed at an average of 8
ppb, with a range of 2-32 ppb depending on wind, weather and source conditions.
Thus, in 1990 and 1991, the air quality at the terminal gate yielded a
cancer risk that was 400 times higher at this location than the national health
goal.
As for other air toxics emitted from the terminal, Dr.
Cohen’s 1992 study also found that the human health hazard indices for
ethylbenzene, toluene, and xylenes were within acceptable levels. Alyeska also
found that ethylbenzene, toluene, and xylenes were found in breathing zone air
in concentrations far below the lowest concentrations know to adversely affect
human health.
PWSRCAC argued that Alyeska’s study came to an
illogical conclusion since the VMT was one of the largest emitters of benzene
in the nation, contributing over a million pounds of benzene to the Valdez air
shed on an annual basis prior to 1996. PWSRCAC hired a team of experts to review Alyeska’s
Valdez Air Health Study. The team attributed over 90% of the Valdez benzene
emission to the terminal.
The Valdez Air Study Review (VASR) Committee identified
several flaws in Alyeska’s study, strongly criticizing the fact that the
tracers were not co-mingled with the terminal sources of emissions under study,
were not released from the same location at the terminal, and were not released
while collecting meteorological data which would demonstrate that the tracer
releases were conducted on days representative of Valdez basin conditions. VASR
criticized Alyeska’s use of future oil throughput estimates that were below the
state oil forecasts. VASR disagreed with Alyeska’s approach to limiting the
exposure estimate to a period of 23 years (assuming the terminal would shut
down in 2015), rather than the traditional 70-year lifetime exposure risk used
by EPA and other scientists. VASR also criticized Alyeska’s study for not
examining the cancer risk for those Valdez residents working at the terminal. VASR
argued that since Alyeska employees and contract employees make up a large
percentage of the Valdez population, control of benzene at the terminal would
significantly improve reduce the cancer risk for many of the Valdez citizens.
PWSRCAC’s summary reports also reflect that EPA concurred with many of VASR’s
concerns; however, a report documenting EPA’s findings has not been located at
this time. VASR also issued a report which refuting the indoor benzene
monitoring data reported by Alyeska. VASR was critical of the personal
monitoring population (less than 1.5% of the Valdez population) and make-up
(e.g. 67% females in study vs. 45% females in Valdez population). The high
indoor benzene levels were questioned. It is interesting to note the very high
level of benzene reported by Alyeska on indoor residential air, at 20ppb. From
that data, Alyeska concluded that the terminal contributed only 1% of benzene
and that the remaining 99% came from non-terminal sources (especially indoor
sources of benzene such as smoking). By comparison, a recent study in Anchorage
investigated indoor benzene levels at approximately 3ppb (which is about double
what they measured outdoors.)47 Using that as a benchmark, the 20 ppb number
looks very high. It is also noteworthy that the CEMS in Valdez yielded 1-2ppb
benzene, but the outdoor residential personal monitoring data yielded around 8
ppb. Once again, Alyeska attributes the high residential benzene to vehicle
emissions and smoking in residential areas.
Are VMT employees at risk from benzene exposure? What data
has already been collected? The 1992 Valdez Air Heath Study did not examine the benzene
exposure or risk for the VMT employees. Alyeska follows OSHA requirements,
which require benzene monitoring at the terminal, and use of respirators above
1 ppm benzene. Alyeska may have conducted additional employee testing, but that
data has not been requested by PWSRCAC, or provided to PWSRCAC to date.
What has the data told us? Benzene monitoring equipment at the
facility has detected benzene concentrations above 1 ppm, which has on occasion
required use of respirators in certain areas of the terminal.
What deficiencies are there in the data collected to date? Further discussions with Alyeska
would be required to examine the extent of the benzene monitoring program in
place for worker protection. After a review of this program, any deficiencies
could then be identified.
What are the benefits of collecting additional data? PWSRCAC has expressed an interest in
collecting data to determine the current exposure levels for terminal
employees; however, PWSRCAC will need to review any limitations imposed by
their contract with Alyeska prior to conducting further work on this matter.
What additional data needs to be collected? This is difficult to predict until
Alyeska’s data is reviewed. On-site benzene monitoring has been collected to
comply with OSHA standards; however, the details of the program will require
further review to determine the locations, type and frequency of sampling.
What do we expect the new monitoring data to show? This is difficult to predict until
Alyeska’s data is reviewed. Assuming that on-site benzene monitoring has been
collected to comply with OSHA standards, that data could be compared to new
data collected. Reduction in benzene emissions, due to the installation of
tanker vapor recovery in 1996, should result in lower benzene concentrations at
the terminal. However, ambient benzene concentrations may still be well above
the Clean Air Act’s health goal of 1 in 1,000,000 cancers, and employees may be
exposed to non-acute lower levels of benzene that may result in a higher risk
of cancer. That risk could be determined from additional testing.
What is the best method for data collection? Air emission testing at the
terminal, recommended in response to Questions 2-3 above, would be appropriate
as an initial screening level test program. Additional studies may include an
employee monitoring program, which would entail the use of personal benzene
monitoring and, potentially, breath and blood sampling programs.
What can be done with the monitoring data? The EPA only regulates the public’s
exposure to hazardous air pollutants such as benzene whereas; organizations
such as OSHA regulate employee’s exposure. OSHA does not limit the maximum
concentration of benzene that can be emitted from the facility; rather they
only impose protective equipment use requirements in the presence of elevated
benzene levels. Additional monitoring and review could be performed to
determine if Alyeska is complying with OSHA standards; however, this analysis
is unlikely to result in any additional emission control technology imposed by
the regulators.
In my final ending, there is
not a “Total Removal” of the “Benzene” generated by the TAPS operation at the “VMT”,
as is required under Title 43, therefore the Secretary of the Interior
“must” intervene until such time that criteria is being met, or best available
technology attempts have been deployed that provide some sense of a commitment
by the Alyeska Pipeline Service Company to perform its due diligence in
protecting the wellbeing of its workers along with the citizens of Valdez, else
our heath finds compromise. When all the time there was a law on the books,
dictated by a Congress watching out for us, but it appears even with that assurance
something has gone terribly wrong and it is Title 43 that is needed to get us
back on track! To reiterate, that “Law of the Land” demands “Total Removal” of
that “Benzene” before it can escape from the “VMT” so that there is “ZERO”
exposure, but we are breathing it in today when trying to enjoy a sandwich at a
Valdez school cafeteria.