Complaint Filed - Alaska Department of Environmental Conservation

To the Attention: Jason W. Brune, Commissioner
Alaska Department of Environmental Conservation
Via Email: dec.commissioner@alaska.gov

CC: Deputy Commissioner, Emma Pokon
Via Email: emma.pokon@alaska.gov

In Complaint: Acting Director, Division of Air Quality, Jason Olds
Via Email: Jason.olds@alaska.gov

Subject: Alyeska Pipeline Service Company-Valdez Marine Terminal Air Quality Permit in Renewal – Request to SUSPEND INDEFINITELY

Date: December 5^th, 2022

Dear Jason W. Brune, Commissioner ADEC;

In light of the fact that the Title V Air Quality Permit AQ0082TVP02 for the Alyeska Pipeline Service Company’s Valdez Marine Terminal(APSC-VMT) has expired(2017), as well the 5-year “draft permit” associated with the renewal process(TVP03) expired(on or about 7/2022), so “NO” valid or credible permit can exist after 2334 days the renewal process in standby. Therefore, the following moving forward request is entered for the ADEC’s consideration – that which is warranted and in justification to SUSPEND INDEFINITELY the issuance of any permit for the APSC-VMT.

The Alyeska Pipeline Service Company admits through evidence in the Title V renewal process, on file with the ADEC, that its “VMT” operation readily emits pollutants, those found under the Hazardous Air Pollutant(HAP) definition. Per that evidence in the “public domain”, the renewal permittee is of record; “Emission units involved and pollutants emitted are those identified in this application”, and in that “identified” category that which includes BETX, the cancer-causing constituents consistent with crude oil storage and transport. It is estimated that since “Oil In” in 1977 for the Trans-Alaska-Pipeline-System(TAPS), accounting for “Benzene” alone has contributed to over 16-million pounds of this single cancer-causing constituent released from the APSC-VMT site, through atmospheric exchanges in the Valdez basin and thus has compromised the “background” ambient with respect to the safe level of “human exposure” to “Benzene”.(see ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FINAL TECHNICAL ANALYSIS REPORT DATE: April 3, 1996 - 6.1.6 Hazardous Air Pollutants. Alyeska's average benzene emissions were estimated as 450 tons each year, based on 1.8 million barrels of crude oil loaded each day.) That confirmed, it means the City of Valdez is in the pathway of this “Benzene” whirlwind, the kindergarten playground another target, our children are not spared the devastation that long term exposure can hide away when “Benzene” finds an affinity in the developing bone marrow and under the right conditions can seed “cancers”, many years after the exposure so it is like a silent but deadly nemesis. Yes, by now at least 45-years of “Benzene” over-exposure is of record, it meets the definition of “long term”. And in suspicion the limited studies in Valdez upon the APSC-VMT, as one of this nation’s largest generator of “Benzene”. Limited because it appears the regulators are afraid of the truth wherein the true effects of BETX exposure may be cause for concern and then the regulators would have to do something about it - well in reminder the 2003 risk of cancer from BETX exposure was quantified as 400 times the average for the VMT workers and 180 times greater for the kids at the school playground in Valdez, when just trying to enjoy outside playtime recess. Thus, it is time we take this “Benzene” madness with some seriousness, including the ADEC responsible for the oversight role any destructive “air quality” matters in Alaska. And to reinforce how serious this “Benzene” concern condoned by a “Do Nothing” attitude, at the same time the APSC-VMT air Quality “permit” was in the renewal process - so Alyeska could generate even more “Benzene” - that entity along with its contractor affiliates at the VMT were found to have engaged in worker activity OSHA violations, with respect to worker “Benzene” exposure culminating with over 50 “serious violator” citations and the APSC making the list of “Enforcement Cases with Penalties of $40,000 or Above”. And today APSC is still trying to contest those OSHA/DOL fines, from 2020. The APSC will fight before it willingly engages in any honesty it is “killing” us through “Benzene” exposure. So it appears the APSC through its actions, in actuality an inaction, has contributed and continues to contribute this “Benzene” in exposure nightmare, targeting its own workforce, its contractor workforce and the citizens of Valdez like the precedence has been set it can get away with it some more. Enough is enough.

Therefore, the request that the ADEC suspend indefinitely the VMT “Air Quality Permit” in justification based on the reasonableness of USC Title 43 Public Lands, Chapter 34 – Trans Alaska Pipeline, wherein the language upon which this “Law of the Land” was founded back in 1974, it dictates that the APSC shall engage in “Total Removal” of pollutants. It is a “law” that exists today as a condition of the Right-of-Way permit. It is the roadmap that can roadblock any further devastation from the “Benzene” releases. With such demands, upon instituting this ”Total Removal” criteria - which is a law that which targets only the TAPS and no other polluters so does not affect any other ADEC permits - there is no “option” that allows for only a 98% DRE(Destruction & Removal Efficiency), as the existing license to kill allows for that “Benzene” to escape. The latter DRE limit has been allowed by the ADEC in previous permits issued for the APSC’s VMT operation. The existing law inherent in USC Title 43 Chapter 34, which was part of the BLM/EIS for the most recent renewal of the TAPS ROW(2004), it stipulates adherence to this “Total Removal”  of pollution, it is what the law demands, NOT 98%. The fact the SOA through the ADEC allows for the APSC-VMT’s “Thermal Oxidizers” to be defined as a “shrouded flare”, when such abatement devices are not, and thus conveniently move the abatement window away from the 100% DRE – “Total Removal” – that is allowing for this “Benzene” exposure to continue on today. That 2% of waste gas contaminants that is allowed to roam freely into the breathing air is considered an unnecessary and avoidable “slip”, that which can be avoided, and more then likely it is all about “Benzene”. With a properly designed and properly operated “Thermal Oxidizer”, what was witnessed at the VMT in 1980 when there was “zero” slip of “Benzene”, so it can achieve “Total Removal” of that harmful byproduct like is justified in the Right-of-Way agreement requirements, so the technology exists. But by caving in to a lesser degree of environmental responsibility, of course the APSC gets away with “Benzene“ bombardment, when it is required through a “permit” for only a 98% DRE, as it is in that 2% emissions wherein the “Benzene” finds freedom to annihilate the air we breathe. The APSC is being allowed to emit “Benzene” without bounds and that cancer causing constituent migrates outside the fence-line boundaries, when there is a law that states it is to be controlled differently, the oversight with respect to USC Title 43 – Chapter 34 is lost. Bottomline, the SOA is allowing the APSC to skirt the sense of Congress, by using the ADEC. And the SOA through the ADEC should not be an accomplice to this “Benzene” air pollution accomplishment, that which also violates 18 AAC 50.110 Air Pollution Prohibited; “No person may permit any emission 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.” And no doubt each and every “permit” issued by the ADEC to the APSC stipulates that desire, “Air Pollution Prohibited”, yet for 45-years pollution has not been prohibited. Like the ADEC is afraid to bite the hand that feeds.

So USC Title 43 Chapter 34 – Trans Alaska Pipeline - in its mandate from the United States Congress, in the hierarchy of controlling factors, the “Total Removal” of pollutants supersedes and exceeds the EPA requirements and or any other oversight agencies’ requirements, as the Right-of-Way is necessary for any continued operation of TAPS.  It is what it is. So this “Law” allows for a better oversight. As stated in 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.”

Need it say more, need I say more, except this request for an INDEFINITE SUSPENSION of the APSC-VMT’s Title V permit is in line with the “Law of the Land”, because of failure to abide by the “Total Removal” criteria with the “Benzene” pollutant. And through this Section §1653, wherein Congress dictated that any activity by the ROW permittee or designee to not perform could be grounds for interference by the Secretary of the Interior, that no further Title V extensions or permitting issued through the jurisdiction of the ADEC be allowed for the VMT, until such time the agent(APSC) for the ROW permittees abides by the “Total Removal” criteria of pollutants, especially such listed as “Hazardous”. The latter that have extended outside the safe zone due abatement dereliction, namely in this case “Benzene”, known to be a cause of cancer through exposure on the long term. No doubt what we are up against, either as a worker for the APSC in Valdez now or once upon a time, same as a resident of Valdez, we have been over-exposed to “Benzene”. To reiterate the seriousness, 16-million pounds of cancer-causing “Benzene” has gone AWOL from the VMT over time. And it is not only a concern with the APSC workers at the VMT, as the ADEC allowed for the APSC to be granted TAPS “Owner Reduced Limits” for “HAPS” along the 800-mile long pipeline, including “Benzene”, so the Pump Stations still in operation could be issued Title V permits under “synthetic” risks when the “Benzene” exposure risks remain for the workers.

 

Alyeska has a forceful legal team that has challenged both the SOA and the EPA, on issues involving “air quality” for well over 45-years by now, yet in the hierarchy of “pollution” control, the USC Title 43 Chapter 34 takes precedence over the EPA. It is time to use the power of that “Total Removal” criteria as found under Section §1653. It should be incorporated into any and all permits in the renewal stage, for that matter any future permits required by the Alyeska Pipeline Service Company acting as agent for the TAPS owners. Else the ADEC should abandon 18 AAC 50.110 “Air Pollution Prohibited”, from any APSC issued permits, as it seems to mean nothing.

That said, due the fact for over 45-years by now cancer-causing “Benzene” has been spilled into the air we breathe, targeting the VMT workers as well the citizens of Valdez, the fact that Alyeska can do a much better job as technologies exist to at least eliminate the “Benzene” from further destruction due exposure, only a threat of suspension of the permit in renewal will deliver what was needed 45-years ago, the adherence to USC Title 43 Chapter 34 and its “Total Removal” of the “Benzene”. As once it is emitted, it is no longer “controllable” as when commingled with the breathing air, the kindergarten kids at the Valdez playground are breathing in that pollutant, and it is annihilating their life giving bone marrow forever. There will be deaths, of APSC workers and citizens of Valdez, it has already started.

With the reduced throughput in TAPS, it can no doubt be made a safer operation, as the technology exists to approach “Total Removal” of the “HAP” air pollutants. But that requires dedication and of course $money$, something the APSC would rather spend on fighting environmental issues instead of taking a stand to protect the workers and citizens of Valdez. But when in estimate the TAPS has generated over a $Trillion$ dollars in profits for Alaska’s “Big Oil”, wherein the SOA has also become “rich” due its “Royalty” share of oil, it is today at the expense of the APSC workers and those citizens, especially those that tried to raise a family in Valdez. Maybe it is beyond a fix, due the fact after 45-years of “Benzene” abuse condoned by the SOA through the ADEC abandoning that “Air Pollution Prohibited” in precedence set today for “Air Pollution NOT Prohibited”, well those freebie “Permanent Dividend Fund” checks – is it worth it? We are all guilty of this “Benzene” nightmare. To reiterate, we will soon see the side effects of what long term “Benzene” exposure yields, from the largest “Benzene” generator this nation was unaware of that looked so innocent against the peaceful backdrop of snow-covered mountains in Prince William Sound, for way too many years, and the APSC will not do what is right on its own accord because it does not have to perform with a conscious.

Please, SUSPEND INDEFINITELY the Alyeska Pipeline Service Company’s Valdez Marine Terminal Title V Air Quality permit, until such time the “Total Removal” of the “Benzene” is accomplished, as the U.S. Congress was looking out for the health and well-being of the “public” when it enacted USC Title 43 Chapter 34. And in 1974 with such restrictiveness in that language dictating “Total Removal” of pollutants, none of the ROW interests challenged that demanding criteria, and has yet to challenge it because that ROW permit blessed by Congress was desperately needed in efforts for that “stranded” North Slope crude oil to find a delivery means to a market, as well it is needed today. That occurred with the construction and then operation of TAPS, yet “We the People” have been let down by the SOA with respect to the “Total Removal” aspect for air pollutants, especially with things like “Benzene”, well known to cause severe cancers. Yes, it is time overdue to immediately SUSPEND INDEFINITELY the APSC Title V permit, to cease the operation of the VMT, until such time the ROW permittee through its agent the Alyeska Pipeline Service Company comes up with a plan that honors the “Total Removal” criteria of USC Title 43 Chapter 34, the “Law of the Land”.

With respect to the past, at least USC Title 43 Chapter 34 finds some semblance of serious legal redress in consequences supporting “legal liability”, against the perpetrators that have used the ADEC to disguise the seriousness of “Benzene” exposure, for those of us that may have been injured and live today with the fear it could catch up on us any day now. Yes, the SOA is now on notice that it should no longer be an accomplice to the APSC “Benzene” pollution, that said it can no longer take the same stand it has taken over the years, even if it finds no liability under Title 43, it still has a mandate for demonstrating “Air Pollution Prohibited”. Please start doing your job as it is never too late to take a stand against the “Benzene” polluters.

With that said, in challenge that the Alaska Department of Environmental Conservation reinstate its “Air Pollution Prohibited” stance over that which appears to be grounded in “Air Pollution NOT Prohibited” with respect to how the Alyeska Pipeline Service Company is allowed to dismiss that condition as found in the Title V permit for the Valdez Marine Terminal. That due the fact the Title V permit is still expired, that the ADEC instead issue a permit that “SUSPENDS INDEFINITELY” the VMT operation”, as once the “Benzene“ is so allowed to escape the confines of the facility,  it cannot be “Totally Removed” so must be STOPPED at the source. And if APSC balks, then the ADEC will have the backing of Congress through the Secretary of the Interior, to enforce this “Total Removal” criteria, that it is time overdue wherein Alyeska is required to abide by the “Total Removal” criteria once and for all or else it ceases to exist and the TAPS is then “Closed for Business” - until such time a responsible party can take over the operation and abide by the “Public Lands” mandate and that which then allows the SOA’s “Air Pollution Prohibited” statute to be a practice, instead of what appears to be today just lost words with “Zero” effect.

Mike Kelley