Request for Intervention#2 - Secretary of Interior Deb Haaland

To: Secretary Deb Haaland
       Department of the Interior
       1849 C Street, N.W.
      Washington DC 20240

Date: December 21^st, 2022
Subject: Update - Request for Intervention under Title 43/Chapter 34 Trans Alaska Pipeline

Severity: *STILL HIGH*

Dear Honorable Deb Haaland;

On or about November 13^th of this year, I reached out to you for help, due the fact that there exists an ongoing Dire Emergency in Alaska with respect to negligent generation of “Benzene” in the form of an EPA recognized “Hazardous Air Pollutant”. Convincing enough, that the latter classified dangerous “pollutant” being routinely released in violation of USC Title 43/Chapter 34 Trans-Alaska Pipeline - §1653. Liability for damages, (b) Control and removal of pollutants at expense of right-of-way holder. That which requires the “Total Removal” of such pollutant(s) in threat, when released “within or without” the TAPS ROW through “any activity” that is required in the operation of the Trans-Alaska-Pipeline-System. Said again, the concern that such release(s) of “Benzene” promoting and permitting “exposure”, in what appears to have become a routine and accepted ways and means due dereliction the conviction to protect the TAPS workers and citizens that live in close proximity to the ROW proper, especially in Valdez, Alaska.

In correspondence that November 13^th request that the Secretary of the Interior immediately intervene, as it was cause for concern and remains so for workers and citizens alike placed in that “pollutant’s” harm’s way. Through the bombardment of this cancer-causing menace over the long term, it is today finding health wise deteriorating repercussions, as it has been going on now for 45-years in that long term consideration being achieved. The sad fact of the matter, there appears to be a disproportionate shortened life expectancy for those individuals that were exposed to the “pollutant”, either as a pipeline worker or resident of Valdez. But that sad fact of this matter, such ill-fated like expectancy on the short end it is being diluted, so it does not make headline news and thus finds no stage to bring it front and center of attention – that many of us were “poisoned” as many ex-Alyeska pipeline workers move away from Valdez and or Alaska come retirement. So the mortality rate is skewed in evidence, but believe me my Valdez friends and pipeline coworkers passing away too soon is alarming and I believe my fate subject to that “poisoning” by that “Benzene” run-amuck. There is but for a single “causal connection”, it is that “Benzene” exposure as the catalyst to this unreasonable mortality rate. Many of us TAPS pipeline workers made a career helping energize America, only to be denied a decent life expectancy, because the operator of the TAPS and the regulators cared not about what side effects the liberation of thousands of pounds of raw cancer-causing “Benzene” would contribute to that life expectancy in the long run – cut short.

I once again correspond on this same subject matter with more pertinent information that may help you come to grips in sincerity, whether or not to take a stand on this issue to protect the workers and citizens alike that were exposed and to those individuals that continue to be exposed as a condition of continued employment. Maybe more pronounced as “over-exposure” the side effects of oil development & storage in Valdez, Alaska – from the release of this “Hazardous Air Pollutant” dominated by the operation of the 800-mile long Trans-Alaska-Pipeline-System.

It is apparent that the local State of Alaska(SOA) regulators with jurisdictional oversight capabilities to intervene will not, as this “Hazardous Air Pollutant” in name cancer-causing “Benzene”, it is not considered a “regulated emission”. Like is found with NOX and or SOX - the latter a cause for concern due ozone depletion so regulated through Title V Air Quality permits. The SOA, through the auspices and authority commanded by the Alaska Department of Environmental Conservation(ADEC), it seems to take the stand that due the fact “Benzene” as a “Hazardous Air Pollutant” is not an EPA “regulated emission”, that it can take leave, remain on the sidelines. Yes AWOL from any “action through inaction” to not voice a concern over what has been historically “horrendous” doses of “Benzene” released to the ambient airwaves – that which surrounds the workers and citizens so placed in that harm’s way. There is no secret herein this atrocity unfolding, it is occurring today and everybody in “authority” in realization it is not right, but afraid to challenge the wherewithal of “Big Alaskan Oil”.

To the contrary, recent motions by the ADEC have allowed for “Good Air Pollution Practices” along with “Best Available Control Technologies” to be abandoned, based on the concept that the proverbial economics-of-scale comes into play, so “Big Alaska Oil” can continue to pollute by releasing “Hazardous Air Pollutants” into the ambient air we are supposed to be able to breathe without fear it contains “Benzene”. Basically speaking, the regulators can hide with pride that they are doing everything at their disposal within the “regulations” and thus the fallout and devastation from “Benzene Exposure” continues on this day. Economics rules, for “Big Alaskan Oil” that has made in estimation over a $Trillion$ the gamble to strike-it-rich in Alaska. Wherein today the North Slope oil field lifting costs along with the TAPS pipeline tariff and tanker tariff to get that once “stranded oil” to a market are the lowest for any producing oil field - that which supports this nation’s thirst for “cheap oil” for “cheap gasoline”.

So to hear the regulators balk at sound “Air Quality” because of “economics”, to place the $buck$ over reasonable measures to assure no workers or citizens are placed in harm’s way the threat of “Benzene” exposure, well of course that is how it goes as the SOA also gets rich from that oil development – cannot bite the hand that feeds. And what would the residents of Alaska do without that freebie Permanent Dividend Fund “welfare check” courtesy of that state ownership Royalty Oil Wealth? It is a catch-22, the regulators walk a fine line, yet they don’t live in Valdez so don’t have to worry about being exposed to that “Benzene” abuse. It is like that so what it may cripple a few people, it goes with territory when it comes to that welfare check. This year alone, every citizen in Alaska was awarded a healthy bonus, because of that “Oil Wealth”. Yet the “Benzene” abuse continues, because it costs too much to do it right?

That hide and let someone else seek and deal with the “pollutants” philosophy, it is based on the premise that the “Benzene” releases and or other constituents belonging to that nasty BETX family considered as “HAPS”, so released as a routine part of the TAPS operation, that all that nasty stuff the SOA cares not to find a concern, because such are considered “Secondary Emissions”. And according to the SOA through the ADEC and its “Air Quality” permitting philosophy, it knows about this “Benzene” problem but doesn’t want to address it as it finds the following “escape responsibility” aspect; “The terms and conditions of the permit do not preclude any action by the State, EPA, or the Federal Land Manager to mitigate any material violation of the permit, or to mitigate any secondary effect from the emissions of the modified waste gas incinerators at the VMT.”

So it is up to the Federal Land Management to step in and mitigate the secondary effect from the “Benzene” emissions. I would assume that would be your role in this matter of grave concern, as Secretary of the Interior is that “Federal Land Manager” that can make a difference. You have USC Title 43/Chapter 34 at your disposal to accomplish this. It is already a “Law of this Land”!

Also, after corresponding to you in November, I have been made aware that the BLM issued an FEIS back in 2003, when the Trans-Alaska-Pipeline-System Right-of-Way was up for a 30-year renewal. That FEIS with respect to “Air Quality” considerations relied on a “flawed” report(et.al. Goldstein 1992/For reasons the Goldstein report used by the BLM was “flawed”, see Air Monitoring Options for Measuring Benzene Concentrations in Valdez - Contract 557.03.1 – Valdez Air Quality Recommendations Regarding Valdez Air Monitoring Options for Benzene, PWSRCAC March 2003). That “Goldstein report” was sanctioned by the Alyeska Pipeline Service Company, that which then allowed the BLM to recommend that the ROW renewal commence, because “it is concluded that current TAPS associated emissions are not likely to lead to adverse human health impacts”[V2, 3.17-10]. That is an untrue statement of fact, that cannot be backed up by any BLM data that is valid and sound. The data relied upon for the FEIS with respect to “Air Quality” finds no second motion that it is valid. I challenge the BLM to prove me wrong on the latter! And upon another statement that is sinister, “Since the Valdez Marine Terminal only contributes about 10% to the outdoor residential area VOC concentrations…“ which is not a TRUTHFUL statement of fact – people are dying!

The bottom-line, for years the TAPS workers and nearby ROW residents have been nominated as subjects to a “guinea pig” experiment to see just how much abuse a human can endure when subject to cancer-causing “Benzene”, as at one time the VMT was considered the “largest Benzene generator” in this nation. But you won’t find the VMT listed on any EPA “fence-line” monitoring map, because the environmental legal staff of the TAPS operator has been very accomplished as an accomplice to gut the righteousness of “Good Air Pollution Practices”.

So, it is before the Secretary of Interior wherein it falls upon to address this nasty disposition taken by the local regulators. The reason that the APSC can say it did allow over 16-Million pounds of raw cancer-causing “Benzene” to deny any “Total Removal” criteria as is promulgated as a “Law of this Land”. As the guilty TAPS operator knows it has gotten away with it way too long, because the SOA does not think it is the regulatory responsible party to STOP it, that it is up to the Federal Land Management to take “action”. And since the BLM has balked to demonstrate any concern over the “Benzene Release”, only your position in Trust is left to do something about it. If you let this concern pass, there is nothing left except lawsuits. Which will come in time, so please help us out in this matter by getting involved.

And it is never too late. Even though the TAPS “throughput” has been reduced considerably and the EPA did require modifications to the tanker loading(1998) so less “Benzene” would be emitted, which before was a system without “Benzene Abatement”, the fact still exists that very large and dangerous releases of “Benzene” continues on today. It is still entering the ambient air the kindergarten kids in Valdez breathe in when outside trying to enjoy recess. What has been accomplished is not enough. And like I have mentioned and pointed out in my previous correspondence, that it is a practice in violation of USC Title 43 Chapter 34 - Trans-Alaska Pipeline. Wherein the  “Total Removal” criteria still exists for “pollutants”, it is part of the ROW permit, yet no one seems to want to go to that reach because of the repercussions of enacting in practice that Congressional legislation. Yet it was a part of the original doctrine wherein the ROW “holders” did not balk on that strict requirement for “Total Removal” of “pollutants”, as is this “Benzene” mess so defined - no in between, no compromise it is what it is so stated in requirement. As back in the 70s “anything goes” as it meant getting the ROW permit so that “stranded oil” could make for a lucrative living for the CEOs of that “Big Oil” and wealth for the shareholders, which includes the State of Alaska. That has found success, yet the “Benzene” bandits have not cared about the abuse such exposure to “Hazardous Air Pollutants” is also finding it own success, in cutting short that life expectancy.

 So please, it is time the SOI take action, to make sure that Title 43/Chapter 34 in its accordance as it is found in section §1653. Liability for damages, (b) Control and removal of pollutants at expense of right-of-way holder, to force the perpetrators to achieve that “Total Removal” of this “Benzene” pollutant - as the benefit of that Congressional legislation was to make sure the HAPS pollutants were never allowed to be released, as once that happens then that “Total Removal” is an impossibility and costly, so it means arresting the release at the source. And the technology exists to combat and thus arrest the releases of that “Benzene” through existing technologies, that which can guarantee a 99.9999% abatement, to satisfy that “Total Removal” in accordance with the “Law of the Land”. Costly? That should not be of concern and maybe time overdue to hit the “Benzene pollutant” bandits where it counts – the wallet. It is time to invoke that “Law” and if “Big Oil” or the SOA are more interested in fighting the restrictions consistent with “Total Removal”, because the SOI has intervened wherein the SOA has been derelict in its conviction to protect the citizens, then they can waste time and money to address their concerns before Congress to get a change in that legislation, in the meantime by decree, we would know the Secretary means business and the workers and citizens and school children can enjoy that outdoor recess.

Michael Kelley(ex-Alyeska LEAD TECHNICIAN Level VI)