Complaint Filed - Alyeska Pipeline Service Company

To: Betsy Haines
Alyeska Pipeline Service Company Interim President
Via Email: alyeskamail@alyeska-pipeline.com

Subject: Air Violation Complaint – Valdez Marine Terminal

Date: December 9^th, 2022

Remedy Demand: Per USC Title 43 – Chapter 34 – Trans-Alaska Pipeline – “Total Removal” of the BETX classified “HAP” Benzene Pollutant(aka Stop Killing the kindergarten kids in Valdez from Benzene Exposure)

Dear Madam Betxy Haines;

This is an “Air Quality” COMPLAINT, filed against the Alyeska Pipeline Service Company as is sanctioned under the “2339-day expired” but still in force AQ0082TVP02 permit, as found under Section 60. 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. [18 AAC 50.110, 50.040(e), 50.326(j)(3), & 50.346(a)] [40 C.F.R. 71.6(a)(3)] 60.1. Monitoring, Recordkeeping, and Reporting for Condition 60: a. If emissions present a potential threat to human health or safety, the Permittee shall report any such emissions according to Condition 82. b. As soon as practicable after becoming aware of a complaint that is attributable to emissions from the stationary source, the Permittee shall investigate the complaint to identify emissions that the Permittee believes have caused or are causing a violation of Condition 60. 60.2. The Permittee shall initiate and complete corrective action necessary to eliminate any violation identified by a complaint or investigation as soon as practicable if a. after an investigation because of a complaint or other reason, the Permittee believes that emissions from the stationary source have caused or are causing a violation of Condition 60; or b. the Department notifies the Permittee that it has found a violation of Condition 60. 60.3. The Permittee shall keep records of a. the date, time, and nature of all emissions complaints received; b. the name of the person or persons that complained, if known; c. a summary of any investigation, including reasons the Permittee does or does not believe the emissions have caused a violation of Condition 60; and d. any corrective actions taken or planned for complaints attributable to emissions from the stationary source. 60.4. With each operating report under Condition 83, the Permittee shall include a brief summary report which must include a. the number of complaints received; b. the number of times the Permittee or the Department found corrective action necessary; c. the number of times action was taken on a complaint within 24 hours; and d. the status of corrective actions the Permittee or Department found necessary that were not taken within 24 hours. 60.5. The Permittee shall notify the Department of a complaint that is attributable to emissions from the stationary source within 24 hours after receiving the complaint, unless the Permittee has initiated corrective action within 24 hours of receiving the complaint.

In COMPLAINT, the continued release from the Valdez Marine Terminal of cancer-causing “Benzene” in violation of USC Title 43 Public Lands Chapter 34 – Trans Alaska Pipeline, wherein “Total Removal” of pollutants” generated from “any TAPS activity…including operation of the terminal”, remains a requirement of the Right-of-Way agreement in force as was renewed on January 23^rd, 2004. Wherein the Alyeska Pipeline Service Company continues to allow BETX to be released to the environment in quantities that may be detrimental to the health of the citizens of Valdez, Alaska, without any intention to abide by the ROW permit to control and “abate” to the “Total Removal” criteria.

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.”

BETX is considered “Hazardous Air Pollutants(HAP)”, and “Benzene” is known to be a cancer-causing. The fact that the Valdez Marine Terminal continues to “pollinate” the air with “Benzene” and other constituents of the BETX family finds grounds supporting this COMPLAINT. The “Total Removal” mandate of the Right-of-Way permit is NOT in option. It is estimated that over 18-million pounds of “Benzene” has been emitted by the Valdez Marine Terminal “operation” and remains today as a threatening ongoing activity, to allow hazardous pollutants to enter the airway environment. Alyeska is of record that the operation does indeed “emit pollutants” in Title V renewal applications on file with the Alaska Department of Environmental Conservation, yet makes no efforts for the “Total Removal” criteria, so is in violation of the ROW permit with respect to “Air Quality”.

How many kindergarten kids in Valdez will be innocent victims to the “Benzene” nightmare that has been allowed, through long-term exposure side effects, that which continues on today under your watch? How many Alyeska retirees will see their life cut short, because “Benzene” exposure was a condition of continued employment? Do you not care? Is being in a position as an executive void any sense of compassion to your fellow citizens or once co-workers with health no longer? Since there exists no fresh testing of the air quality in Valdez proper with respect to “Benzene”, not since 1991 wherein the results remain suspicious and regarded as “flawed” by experts in the field, with no comparison tests permitted to be righteously performed by Alyeska even though the PWSRCAC has recommended such after Alyeska was forced to equip the berth loading with “VOC” capture facilities, well there is no “guarantee” that “Benzene” emitted is rendered harmless through natural decay mechanisms. What are you afraid of, the “Truth”? One would think that Alyeska would jump on the bandwagon for a comparison test and study, as if indeed you had nothing to hide you may be able to get a feather in that cap, for finally doing something right with respect to environmental stewardship. Alyeska cannot engage in the delusion that the “solution to pollution is dilution”. Alyeska should cease & desist any further “Benzene” generation from its Valdez Marine Terminal “operation” until such time it can control and “Totally Remove” any and all “Benzene” related hazards that which is no doubt “pollution damaging” already or in definition the “threat of pollution damage”, “Total Removal” is what the ROW permit requires under USC Title 43, that any “Hazardous Air Pollutant” shall be rendered “moot” before it gets away from the source. Please abide by the ROW permit, as Congress provided “We the People” with USC Title 43 for protection, made it the “Law of the Land” as a condition to construct and then operate the TAPS, so as to protect those of us that may be placed in harm’s way, like has happened for way too, too many years by now. The TAPS workers have been nominated as “guinea pigs” in your experiment, to see just how much BETX poisoning a human can endure.

It is also requested in recommendation that due the seriousness of how the long-term side effects of BETX over-exposure can challenge longevity, how this “poisoning” has started to show it evil face with Alyeska retirees and innocent victims that lived in Valdez now in their graves, that Alyeska start a “Benzene Trust Fund” – funded through the merits of the “Liability” language in Title 43, with a $350,000,000 incident threshold. The workers deserve to have that in availability, as a comfort factor that someone is watching out for us for being included in that BETX exposure experiment as genuine guinea pigs.

This Request in COMPLAINT respectfully submitted by Michael S. Kelley, ex-employee, acknowledged as the most honorable and most valued and most talented and most dedicated Alyeska employee of record(James Hermiller, 1991). Wherein Mr. Kelley suffers today with the side effects of “Benzene” over-exposure from long-term exposure while deployed at the Valdez Marine Terminal and Pump Station #1(urination every 2-hours to rid the blood of way too many bone marrow rejections, which will take its toll on the kidneys) and wait there’s more, the polyneuropathy nervous conditions(two hand cup of coffee balancing) most likely attributable to “n-Hexane” over-exposure. It is killing us, just ask Lynn McArthur, Elmer Marshall…the list that keeps on grieving, it is so nauseating - we were poisoned by the passion of an over-zealous George Nelson Bragaw Street MONSTER, that placed “Throughput” over righteousness to achieve a healthy work environment. And if you continue to Do Nothing, you are that MONSTERS tentacle of destruction ongoing and more will suffer.