Air Quality Complaint Filed - Alyeska Pipeline Service Company

Subject: Air Quality COMPLAINT

Authority: 18 AAC 50.110 Air Pollution Prohibited.

Date: December 13^th, 2022

Violating Entities Involved: State of Alaska through the Alaska Department of Environmental Conservation and the Alyeska Pipeline Service Company

This is a COMPLAINT, as it applies to “any person who allows or causes air pollutants to be emitted into the ambient air” and with respect to Air Quality Permitting, in consideration specifically acknowledging expired for over 2240-days AQ0082TVP02, in violation. For what appears to be a serious violation, denying any approach to “Good Air Pollution Practice”. Thus if it is allowed to continue on as it does so today, it will cause injury and damage, now and into the future. This is a COMPLAINT founded on what appears to be an “operation” condoned through an “action” – that which “allows pollutants to be emitted” as well in “inaction” to properly abate – “causes pollutants to be emitted”, by the “Complainee(s)”. That which is allowing for the “Air Pollution Prohibited” statute 18AAC 50.110 to be in violation – and placing workers and citizens in harm’s way of cancer-causing constituents released into the breathing air through such dereliction by the “Complainee(s)” - as it is an “action” followed through by “inaction” that which is “injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of life or property.” Herein the “Complainee(s)”, upon which this COMPLAINT is warranted, in name recognition are the State of Alaska(SOA) through the Alaska Department of Environmental Conservation(ADEC), the latter in the capacity in “oversight” yet in the category of “allows pollutants to be emitted” and the Alyeska Pipeline Service Company(APSC) as the entity that “causes pollutants to be emitted”. A COMPLAINT, in principle the sense of this entered COMPALINT, has been filed with the APSC, on December 9^th, via its corporate email and addressed to Betsy Haines, interim CEO.

That with respect to the fiduciary aspect, the factual basis of this COMPLAINT, the fact the SOA through the ADEC is also at fault, in “allowing for pollutants to be emitted” in violation of SOA statutes prohibiting such, as well in violation of the Trans-Alaska-Pipeline-System(TAPS) ROW permit, the latter with respect to USC Title 43 Chapter 34 – Trans-Alaska Pipeline. Wherein it was adopted by the U.S. Congress in 1974 as nothing short a “law abiding criteria” allowing for the construction and operation of the TAPS, that which prohibits such “pollutants”. And when such elements of human health destruction are haphazardly emitted, or remain about the ambient air following an event through oversight and or operational dereliction, either through that “action” and or “inaction” respectfully the Complainee(s), in violation of the “Total Removal” criteria founded in §1653(b) of Chapter 34. Wherein under the authority and auspicious inherent in Title 43, the obligation by the SOA/ADEC to follow through upon the criteria of “Total Removal” exists, as once in violation the APSC admitting through of-record evidence the emitting of pollutants, the “Total Removal” criteria becomes an almost unattainable goal, so the “Total Removal” criteria is abandoned. As a substitute, not the lesser of two evils, falling short of the “Total Removal” criteria – thus harm’s way paves the way for this COMPLAINT to be of merit. Be it known that the “Total Removal” of pollutants criteria, through Title 43 Chapter 34 §1653(b), it was a precursor to any rules and regulations that allowed for less efforts to deny or abate such “pollutants”, to defy any such allowances or deviations that pertains to such “pollutants”, as well an applied law it supersedes any lesser degree of oversight, like is found with the EPA mandates under the Clean Air Act. The concept behind the “Total Removal” criteria was and remains a condition of the Trans-Alaska-Pipeline-System(TAPS) only, it does not affect the wherewithal of the ADEC’s guidance and oversight for any other Air Quality permitting for other entities, thus it is a reasonable criteria affecting but for the TAPS. Wherein it is stated for the record, as is found in the Alaska statutes, the following as too why the SOA/ADEC is NOT fulfilling its obligation under the Title 43; Local government powers or obligations under a local air quality control program. Nothing in 18 AAC 50.010 – 18 AAC 50.110 alters a local government’s powers or obligations under a local air quality control program established under AS 46.14.400 and other local laws, as applicable. (Eff. 2/28/2015, Register 213). Therefore, it is NOT an option, it remains as a requirement for the continuation of the ROW permitting.  The “obligation” inherent in Title 43 Chapter 34 has been abandoned, yet remains valid as is still found in the TAPS ROW permit, recently renewed for 30-years. Such a renewal should not allow the merits of this “permit” to be abandoned, especially in consideration the language that allows the SOA leverage to be an intervening party; “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”

Accordingly for the record this COMPLAINT with merit, as is found under USC Title 43 Chapter 34 – Trans Alaska Pipeline, the following is quoted for reference to this COMPLAINT:

Title 43 Chapter 34 in Section §1653 (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.”

In consideration also the “pollutants” concerning this COMPLAINT, BETX is considered “Hazardous Air Pollutants(HAP)”, and “Benzene” is known to be a cancer-causing agent. The fact that the Valdez Marine Terminal continues to “pollute” the air with “Benzene” and other constituents of the BETX family finds grounds supporting this COMPLAINT. It is estimated that over 18-million pounds of “Benzene” has been emitted by the Valdez Marine Terminal “operation” and the operation continues to pollute the air today. APSC is of record through correspondences and or permit applications with the ADEC that the operation does indeed “normally” permit “Hazardous” pollutants to be emitted, that which then enters the ambient and drifts outside the “fence-line” boundaries towards the city proper of Valdez, Alaska. But the “polluter” makes no efforts for the “Total Removal” criteria, so is in violation of the ROW permit with respect to “Air Quality”. To knowingly publish such “inaction” to allow, to take no demonstrative steps to deny such pollutants from entering the ambient under the “Total Removal” criteria, there exists grounds for this COMPLAINT. And the SOA is an accomplice to this mindset, that a “little pollution” through the emittance of “Hazardous Air Pollutants” that is known to cause cancer, that such can be diluted when adrift and made harmless, so no harm exists. There has been “ZERO” valid “HAP” sampling and/or analysis since 1991, to what side-effects these “pollutants” can have on the Valdez population, citizens living and breathing in close proximity to the source. Matter of fact in a recent TAPS ROW renewal FEIS performed by the BLM, that entity had to rely on that 1991 outdated dated in efforts to try and make an assessment the effects of HAPS exposure on the ROW population with respect to cancer, it is totally invalid and cannot be relied upon for any reasoning, especially upon a modern-day society with obligations. Stale data is a stalemate, is it for an ulterior motive, to conceal the truths upon this matter of HAPS exposure and what side-effects will come about in time?

Case in point further supporting this COMPLAINT, that the SOA through the ADEC’s dereliction in permitting the APSC allowances for a “lessor” abatement requirement, wherein the Destructive Rated Efficiency(DRE)  found harmful “leniency”, such limits allowed for with the APSC at the Valdez Marine Terminal(VMT). Wherein the VMT “Thermal Oxidizers” upon original design through commissioning(1980), that which allowed for a 99.9999% destruction opportunity with “Zero Benzene” slip, that DRE was dangerously lowered for this pollution control device, down to only 98%. An established “limit” so relied upon to make sure the ambient air was not polluted with harmful hazardous pollutants, like Benzene. That ADEC approved limit which now allows for more of those hazardous “pollutants” to enter that ambient air we breathe, it no doubt demonstrates an attitude that is NOT consistent with “Good Air Pollution Practices”. Instead of a better limit, a safer limit that can destroy more of these pollutants, as a modern-day society is supposed to get better with advances in technologies and past experiences when it comes to protecting the citizens. Instead again, it allows for a destructive limit that destroys the “Air Quality” and moving backwards for what should be happening with “oversight” obligations upon “Air Quality” recommendations, especially when the SOA has the Title 43 Chapter 34 to cover its “Total Removal” obligation. It is now an operation that may be allowing for these Hazardous Air Pollutants(HAP) to “slip” through the combustion process, as the 2% allowances most likely contains that hazardous constituent “Benzene” through an incomplete combustion cycle as well as that corresponding family in escape as a pollutant, BETX and Hexane – all considered HAPS and Benzene a well-known cancer-causing element. In any response to this COMPLAINT, please do not try to use the EPA “limits” as a reliance in excuse the ADEC is performing properly, as the “Total Removal” criteria takes precedence as a matter of law. Also troubling, that the decreased operating temperature for the “Thermal Oxidizers” allowed for through the permitting cycle and renewal applications, it may be too low for proper “Destructive Oxidation” of BETX constituents. Benzene slip is most likely occurring. To allow for this reduction to save fuel, without proper testing for BETX “slip”, it is an “obligation” that finds a dereliction to the conviction of what “Air Quality” is all about. It appears the SOA is merely bending over for the APSC. And as to why the APSC continues to refuse to accommodate new “Air Quality” testing requests by 3^rd parties(non-jurisdictional entities), that would target “Benzene” exposure in Valdez in a long over-due effort to make a valid assessment upon of the effects of “HAPS” in the ambient air today, it is very suspicious. To rely on outdated data is but for a cover-up and the SOA appears to want to accommodate this behavior, by not requiring the APSC in its VMT operation any updates to any source testing – that which specifically targets “HAPS”. To allow for permits, to allow for renewals, without a valid test at hand it can only lead to preferential treatment which leads to harm and injury. What is Alyeska afraid of? What is the SOA afraid of? Why a TAPS Pump Station, out in the middle of nowhere for the most part, why those facilities under the ADEC jurisdiction finds more scrutiny with respect to “Air Quality” and “Haps” emissions then does the VMT facility, just so the APSC can get the ADEC to approve an “Owner Requested Limits” permit so then the facilities can then operate under a “synthetic permit” as a less restrictive definition of a “polluter”, well the credibility of the ADEC then becomes questionable as to whom it is supposed to protect.

Through Title 43, the SOA is listed as an authority having jurisdiction to intervene, to make sure the “Total Removal” criteria is being met as a condition of “right” with the TAPS ROW permit. Therefore, the SOA is at fault for acting otherwise and should immediately move to make sure the “Total Removal” criteria is being accomplished, and that can only take place at the source through “Total Destruction”, as once the Benzene is allowed to be emitted into the ambient air there is no reliance that it can then be “Totally Removed”, bone marrow transplants are very expensive, with respect to the harm associated with Hazardous Air Pollutants so consumed. That said, the TAPS workers and citizens cannot and should not have to rely on “dilution” as a preferred ways and means to protect one’s health, as that is also a questionable maybe illegal practice; Dilution. “The Permittee shall not dilute emissions with air to comply with this permit. Monitoring shall consist of an annual certification that the Permittee does not dilute emissions to comply with this permit.” And for the SOA to take a stand that the solution to pollution is dilution, it is delusional. But that is of course what is going on, the APSC to knowingly allow for HAPS to be emitted into the ambient air and the SOA relying on dilution to calm the nearby citizen harm. And because it is the long-term exposure that is of a concern with “Benzene” exposure, maybe the fact that those in authority will be long gone into a lucrative retirement before the harm makes headline news, so take the attitude to not bite the hand that feeds – as Alaska relies on the TAPS for its wealth.

Please STOP the APSC from emitting “Benzene” into the ambient air, your job demands it as was so christened by Title 43 Chapter 34 – Trans-Alaska Pipeline. Else the ROW permit may be in jeopardy if the Secretary of the Interior must intervene, to make sure the workers and the residents of Valdez are not placed in harm’s way due what it appears to be an unsensible and lackadaisical and irresponsible mandate of “pollution first”, wherein the relationship between the ADEC and APSC is harmful to the health and wellbeing of the citizens - wherein it is apparent that the APSC seems to make its own rules. For years, the workers at the VMT and other TAPS facilities along the 800-mile long pipeline, as well the residents of Valdez, all have been placed in harm’s way this “Hazardous Air Pollutant” conundrum. Especially in Valdez, when upwards 900000 pounds-per-year of raw unadulterated cancer-causing Benzene, yes each year, was allowed to be emitted into the ambient air. No doubt with the 1996 reductions in tanker loading raw emissions, it still warrants a better solution to the existing state-of-affairs, meaning getting back to a “Total Removal” criteria - that is what the citizens deserve and thus counts on the ADEC to achieve. As that is what the U.S. Congress mandated when it signed, sealed and delivered Title 43. The workers and citizens of Valdez should NOT be guinea pigs in any continuation of this experiment to see just how much “Benzene” abuse a human can tolerate. This is not what the citizens of Alaska should expect from our only oversight, the ADEC, as when that entity caves in…we are already seeing ex-Alyeska workers in retirement and Valdez residents up in age pass on way too young, as maybe the long-term side effects of “Benzene” exposure are starting to arrive.

Filed by Michael Kelley/Complaint ID#6475