Attention: DEC Commissioner - Jason W. Brune
Via Fax Number: 907-465-5070
Via Email: dec.commissioner@alaska.gov
CC: Division of Air Quality, Jason Olds, Acting
Director
Via Fax Number: 907-465-5129
Via Email: jason.olds@alaska.gov
To the above named in this Service:
Citizen’s Arrest CEASE & DESIST – February 8,
2023
This is a DEMAND, in the sense of a Citizen’s Arrest[Alaska
Statute (AS) 12.25.030] CEASE & DESIST, in DEMAND that the Alaska
Department of Environmental Conservation(“ADEC”) immediately STOP acting as an
accomplice to promoting and thus permitting the use of a “Hazardous Pollutant
Emission Abatement” facility instead being down-graded and thus permitted in
re-use as a “Hazardous Pollutant Emission Generator” facility – in essence the
evolution of an environmental crime by others perpetrated through the local Air
Quality oversight authority’s permission. Be it acknowledged under 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.” In
the sense this “action and or inaction” by the “ADEC” is paramount an
environmental crime spree, an egregious
undertaking by all involved, as these “Hazardous Pollutant Emissions” are being
allowed to be harmfully integrated into the ambient air - wherein such
“emissions” are known to cause cancer, when it could and should be controlled
to a ”Total Removal” criteria by the guilty party, that being the operator of
the Trans-Alaska-Pipeline(“TAPS”). As this DEMAND is in respect to that “Total
Removal” as in DEMAND and required under the Right-of-Way Agreement(“ROW”) in
effect. Instead of the “Control and Total Removal” of these life-threatening
hazardous air pollutants through proper abatement, the “ADEC” is promoting the
instigation to emit cancer-causing pollutants, trough malfeasance in leniency.
Any state sanctioned law-abiding authority should understand that the
“stricter” law prevails to protect the citizens, as is found in the “TAPS ROW”
under Title 43 Chapter 34 Trans-Alaska Pipeline Section §1653, yet the “ADEC”
has failed to uphold that distinction that the “stricter” protection rules. The
“ADEC” should not be an accomplice to a “lessor” goal at protecting the
citizens from deteriorating ambient air quality, from this “allowed for”
hazardous contamination that is avoidable. It is not through an accident or
malfunctioning process that allows for this pollutant to continue to destroy
the ambient breathing air “within and without” the “TAPS ROW”, thus placing the
pipeline workers and Alaskan citizens alike in “Harm’s Way” of susceptible
future life threatening cancers. Said again, the “Total Removal” of pollutants
is a condition of the existing “ROW” permit, wherein the State of Alaska finds
some semblance of responsibility in facilitating the “ROW” oversight. That
which is in effect in renewal between the United States Federal Government and
State of Alaska(“SOA”) as grantor(s) and the holder as grantee of such “ROW”
permit, as this “Pollutant” of interest is an EPA defined HAP(“Hazardous Air
Pollutant”) and as well, known to cause cancer through innocent victim
exposure, including the targeting of pipeline workers and citizens alike those
in close proximity to the pipeline’s operation, too close for comfort with this
airborne menace, especially when the technology exists to abate in efforts to
meet that “Total Removal” demand, instead of allowing for increased exposure of
hazardous air pollutants – like “Benzene”. It appears the willpower to protect
has been abandoned by the willpower to pollute, the “ADEC” has meandered
off-course from its “mission” to protect the citizens. It is another Joe
Hazelwood EXXON Valdez wreck in the making. The “ADEC” is giving the
perpetrator the “green light” to abuse the merits of “Good Air Pollution
Control Practices” because that “green” saves the polluter the $cost$ required
to do things right. The U.S. Congress was adamant when it approved that “TAPS
ROW” for construction and then operation of the “TAPS”, that “pollution” would
not be tolerated, wherein the Federal oversight placed its trust with the
“ADEC” for proper “oversight” when the “operation” phase came to existence,
that “oversight” has been abandoned due the fact the “ADEC” has been derelict
in that “oversight” since oil started to flow from the “TAPS” and the record of
non-achievement to satisfy that “Good Air Pollution Control Practices” speaks
for itself.
Wherein the Alyeska Pipeline Service Company was
allowed to operate the “VMT” facility, a “Major Source” of “Hazardous Air
Pollutants”, continued to operate without a valid PSD “Air Quality” permit for almost
20-years(The VMT originally was issued an Air Quality Control Permit Number AQC
288 on November 19,1974. It is a major source emitting 100 tons or more of any
regulated air contaminant and is as listed in 18 AAC 50.300(a)(5)(A)(xxiii), a
petroleum storage and transfer unit with a total storage capacity exceeding
300,000 barrels. The facility was initially permitted prior to August 7, 1977,
and has not, until now, been reviewed under the pre-construction review
provisions of the State or Federal PSD program. In 1990, the Department entered
into Compliance Order by Consent No. 90-2-4-6-262-1 to settle modification
issues related to PSD review). And today the “VMT” has been operating under an
expired permit, allowed to operate under a “shield”, for the past 6-years. It
gives asleep-at-the-wheel new meaning with the “ADEC”! The dereliction upon the
conviction to protect the citizens must STOP, the reason behind this Citizen’s
Arrest CEASE & DESIST.
Case in point supporting this Citizen’s Arrest CEASE
& DESIST, it begins with the “ADEC” and its complacent like attitude that
the “APSC” can do as it so pleases, the fox is allowed to hound the henhouse. In
recent “Operational Data” sanctioned through a “Public Records Request” in
association with AQ82TVP01-AUG2007-STR_560038, it is evident that the “ADEC”
has and is allowing the Alyeska Pipeline Service Company(“APSC”) at its Valdez
Marine Terminal(“VMT”) to intentionally pollute, it is the “ADEC” that allows
for the leniency for this atrocity to propagate through a haphazard and
somewhat dysfunctional maybe preferential permitting policy with the “APSC”, or
like what was witnessed in the past a “lack of”, and it is a license to harm in
effect. Like already in mention, history indicates that the “ADEC” allowed the
“APSC“ through its pipeline operation to survive for many years without the
required PSD permits, and even after the “ADEC” and the “APSC” came to agreement
with a “Compliance Order(1990)” over the “permitting” issues, the effects of
such a legal instrument at the “ADEC” disposal of-record, it seems to have been
abandoned.
“Benzene” exposure causes cancer, that which causes
premature death and the way the “ADEC” is allowing the “APSC” to operate the
abatement systems at the “VMT”, it is allowing for the possibility of even more
future deaths through un-controlled “Benzene” exposure. The technology exists
to do it better, to get it right, yet the “ADEC” seems satisfied with a poor
performing oversight on the cheap. The cost of doing it right should never be
of consideration when one considers just how much oil profit is being made with
the “TAPS” operation. The “APSC” acts as the “TAPS” operation’s agent for the
“ROW” agreement holder, wherein the latter consists of several major oil
companies with North Slope crude oil production interest. To name but a few
since start-up of the “TAPS” in 1977, we find an interest in the 800-mile long
pipeline and its “VMT” operation from ARCO, Phillips, Amerada Hess, Mobil,
Union, BPPA, SOHIO, KOCH and Harvest. All mentioned as a past affiliation
and/or still enjoying the fact their once stranded crude oil was then
marketable by the existence of the Trans-Alaska-Pipeline and to date it has
meant over 18-Billion barrels bargained for with an estimated profit of a
$Trillion$. And such a DEMAND to facilitate this Citizen’s Arrest CEASE &
DESIST, it is warranted today as there exists an ongoing and persistent
increasing and disproportionate mortality rate for those workers once employed
by the “APSC” along with its contract workforce, due a single causal connection
that being most likely “Benzene Poisoning” in over-exposure as a condition of
continued employment – one too many ex-pipeline workers employed from Prudhoe
Bay south to Valdez along that 800-mile Trans-Alaska-Pipeline, finding a
premature obituary in the prime of retirement. Long-term exposure to “Benzene”
and its “Ethylene, Toluene and Xylene” side-kick along with “Hexane” finds its
victims well after the paycheck ends, it is a silent but deadly nemesis that
hides away until later on in the prime of retirement life, wherein the
perpetrators behind this “Benzene Poisoning” think it is then clear sailing,
because it is an aftermath effect. Maybe that is how the “ADEC” looks at things
also, out-of-sight out-of-mind mentality those responsible will be long retired
when push comes to shove and enjoying that SOA retirement with benefits, and no
worry about being affected by that “Benzene Poisoning” because when decisions
were made to allow “APSC” to pollute, those decision makers rested comfortably
away from the “danger zone”, they remained immune from any “Benzene”
over-exposure as Fairbanks was far removed from the polluted air we find in
Valdez. And for those pipeline workers finding an early calling to that grave,
it is not an “On-the-Job” injury, it is a carry-over from work performed early
on. It is becoming evident from the scientific and medical community, that when
“exposed” to the “BETX” family of “Hazardous Air Pollutants” the human body
goes into overdrive in efforts to vent the body of that damaging situation
right now, it begins to steal the life away from the human organs and such
organs have a limited life warranty – so because of this “over-drive” when
exposed, it takes its toll on longevity. You only get so many “ticks” in life.
The liver, the kidneys etc., those components go into overdrive, thus it takes
its toll on longevity as with “over-exposure” things get worn out. And thus in
the prime of life in retirement, things begin to fail due to that early on
“exposure” confronting that “lifecycle”. Who is to blame? Since the first
barrel of oil roared into Valdez, it has been a gamble by the “ADEC” with
respect to the “Air Quality” oversight in Valdez. Had the “ADEC” been
faithfully performing its obligation, it would not have waited so many years to
realize that the “APSC VMT” was not operating with the proper PSD permits. Sad
fact of the matter, the “ADEC” had a single representative in Valdez during
that time period, and when called upon by concerned pipeline working citizens,
that individual did nothing, because there existed NO PERMITS nor a desire to
take on “Big Oil”! It meant “hide” forget about the “seek”!
So as that historic oil throughput continues to
accumulate, at the same time workers are dying and it appears the “ADEC” is
allowing the “APSC” to pollute even more. There is also a disproportionate
mortality rate for those come-and-go citizens of Valdez, Alaska - that were
subject to this “Poisoning” getting out of control, when horrendous volumes of
that “Benzene Poison” were liberated from the “VMT” operation(upwards
450-Tons/Year by the “APSC” in its own interest in estimates, which in
actuality the practice to poison with this hazardous air pollutant, it may be a
figure at the low-low end of the spectrum in accuracy). And the “APSC” is
finally of record and admitting to this “Benzene Poison” bombardment”, that it
treated us as “guinea pigs” in an experiment, because that entity knows that it
can now raise that hand of “precedence set qualified immunity” against any
legal challenges from the families of the victims, because after all these
years it was the “regulators” that let this “Benzene Poisoning” slide by! It
gives the guilty a defense, not much to stand on, but something to fight back. And
once this “Benzene Poison” went airborne, through dereliction the conviction to
operate the “TAPS” in a ways and means it would not place any humans in “Harm’s
Way”, both workers and nearby citizens alike, through the proper restrictions not
adhered upon for that “Total Removal” criteria, it thus was allowed to
destructively arrest the ambient air quality - to destroy the air the
kindergarten kids just 3-miles away were breathing in when just trying to enjoy
a swing ride with a class-mate at outdoor recess time. Yes in sadness and
anger, when our kids were outdoors and trying to learn the ABC’s of “Trust” the
adults across the bay at the “VMT” were instigating this “Benzene Poisoning”
and used the “ADEC” to convey that message with a smile. When the “APSC” said
only 1% of the “background” nightmare, that “Benzene Poisoning”, came from the
“VMT” operation so the kids went outside to play thinking it was safe. It was
all a lie, and even the BLM in the most recent “ROW” renewal FEIS, that figure
has been recalculated upwards 90%! Valdez had become a “cesspool” of “Benzene”.
It appears that the “ADEC” is comfortable taking the
stand that “Dilution” works wonders, exactly what Dr. Goldstein instigated in
his “flawed” Valdez Air Health Study in 1992, that there was nothing to worry about
with this “Benzene” as 50-60% of the time the “Benzene Poison Plume” just
skirted the town proper of Valdez and that the
3-mile long “dilution” channel from the “source” made it safe? Sad, as Dilution[18
AAC 50.045(a)] - “The Permittee shall not dilute emissions with air to comply
with this permit.” But even though it may be too late for some by now, it is never
too late to start to do what is right, to hold the “APSC” accountable above and
beyond, as it has gotten away with premeditated environmental crimes for way
too long by now. But since the “APSC” has gotten away with this “Poisoning”, I
guess it believes precedence has been set they did nothing wrong – more clear
sailing as the victim count will continue to tell a sad state of affairs. The
regulators allowed for this nightmare to prosper. My kids were poisoned, when
learning those ABC’s of life, in the facts of life too not lie or cheat, too
play nice, when at the same time being poisoned by the grownups they trusted!
Yes, at the same time many working parents were being poisoned across the bay
at the “VMT”, all in day’s work to bring home a paycheck to buy groceries for
that growing family. When all the time this “Benzene Poisoning” was on the
cover-up hideout by those responsible, including the local “ADEC” environmental
cop when disgruntled workers filed an “Air Quality” complaint back in the
mid-1980s, the “ADEC” ran away from the problem. And the damage had begun, as
exposure to the “Benzene Poisoning” was not an immediate concern to those in
“authority” that did not have to deal with it, living and working far and away
from the “Hot Zone”. Yes, an out-of-site out-of-mind mentality the “ADEC”
afraid to take on “Big Oil” to make sure it would not be recognized as a
harmful side effect when at the same time that “throughput” was making the
“SOA” Permanent Dividend Fund rich, through its “Royalty” share of the “Black
Gold’s” wealth. Like maybe it was hard to bite the hand that feeds! As was in
the beginning, when oil started flowing down that “TAPS”, it was and remains
all about the revenue making aspect in priority, even if it meant workers and
citizens in the long-term would be over-exposed and thus some sickened in
health with one of the many cancers associated with “Benzene Poisoning” and or
other debilitating side effects of this “Hazardous Air Pollutant” accommodating
the air we breathe for life support. And it is still a wrecking ball situation,
a serious one at that, still within that cover-up hideout mode of opportunity maybe
even worse off - because many entities with oversight have been and continue to
be stuck in a mode of dereliction in the duty to make sure this would never
happen – those responsible taking the position still in denial any such
responsibility role as it was supposed to be a conviction to abate what was
environmental wrong, which finds cause for even more distrust upon those we
place our trust in, which equates to more harm upon the workers and innocent
victims “within and without” the “TAPS ROW”. One would think that when the
“ADEC” was successful in obtaining a restraining order against the “APSC” in
the form of a “Compliance Order” in 1990, that it would have used that to its
advantage. Yet that “COBC” had the opposite effect, as it appears the “ADEC”
then ran away from its “obligation”. It is like give an inch with less
restrictions, then “Big Oil” takes a “mile”, the “ADEC” has caved into the
wishes of that “Big Oil” and thus has let the citizens down. It appears the
“ADEC” is afraid of the “APSC”, the “Big Bad Wolf” and its high paid lawyers. Especially
so in matters consistent with “ADEC” Air Quality oversight, as the “APSC VMT”
which is listed by the EPA as a “Major Source of HAPS”, it has been operating
without a valid operational permit for nearly 6 years, since April of 2017 and
operates today only through the generosity of the “ADEC” through an expired
permit now under the auspices of a “permit shield”, as the renewal is stuck for
reasons unknown and listed as occupied under “ADEC Supervisory Review”, same
status since July 18 of 2017. As well another bonafide reason the merits
consistent with the filing of this Citizen’s Arrest CEASE & DESIST DEMAND,
as the failures by the regulators are widespread another cancer unto itself, it
is thus warranted by the evidence in oversight failures one too many. The
“ADEC” has failed to live up to its duty to protect the citizens from
environmental crimes, this Citizen’s Arrest CEASE & DESIST DEMAND is
justified.
And reinforced that this DEMAND finds merit, is the
fact that suspicious test results from 2007 are factored into such a renewal
license to kill for the “APSC” – and it should not be allowed as it allows for
more pollution. One would never expect the “ADEC” would find favor with the
“polluter” over the health and well-being of the citizens of Alaska, that is
what is occurring today the reason behind this Citizen’s Arrest CEASE &
DESIST in DEMAND. As it appears the citizens have been left with no other
option then to protect themselves to “ARREST” this preventable “Harm”, and it
begins with a CEASE & DESIST upon the very “Authority” that is allowing for
the “Threat in Harm” to continue to exist wherein there will be victims – and
that “Authority” targeted by this Citizen’s Arrest CEASE & DESIST in DEMAND
is against the “ADEC” and its “Commission”.
Through that 2007 testing, the “Operational Data” produced
to test the threshold of the “VMT’s” pollutant abatement facility, upon its
Destruction and Removal Efficiency(“DRE”) of “Hazardous Air Pollutants”
including “Benzene”, tests initiated and concluded in 2007 and wherein the
“ADEC” had on-site witnesses, in result a flawed outcome that which allowed for
even more leniency for the “VMT” to purposely “pollute”. As it is evident from
an analysis of that “Operational Data” made publicly available from that “DRE”
testing, had someone in the “SOA” air quality oversight authority analyzed this
“data” in summary, that but for a single outcome would have exposed the fact,
that if you place the seats of a vehicle in a car backwards it is hard to drive
and causes a problem, it hurts it is painful yet some will strive to drive
dangerously to get to the donut shop, it no doubt places innocent victims in
harm’s way and no different herein the way the “VMT” John Zink designed Thermal
Oxidizers(”JZTO”) are being allowed to operate in leniency. Said again, the
“ADEC” is acting as an accomplice in promoting and thus permitting the use of a
“Hazardous Pollutant Emission Abatement” facility instead being down-graded and
thus re-purposed as a “Hazardous Pollutant Emission Generator” facility – the environmental
crime by others perpetrated through the local Air Quality oversight authority’s
permission lives on. With a lessor “DRE” merit in achievement, wherein the 99.9999
“seek and destroy” factor that was realized on the same pollution control
facility through extensive “TAPS” post-commissioning, after the 1977 start-up
testing, a re-commissioning back in 1981 realized that 99.9999 destruction and
removal efficiency with “Zero” Benzene “slip”, it is today an abatement
facility that is no longer working as it was originally designed. Because of
the “Leniency” allowed over time through the permitting agency, the “ADEC”, to
allow the “JZTO” facility to operate as a “shrouded flare” instead of a
bonafide “Thermal Oxidation” abatement process, it can have but for a signal
outcome, more pollution which equates to more deaths from cancer-causing
“Hazardous Air Pollutants”. When such a facility, if operated properly and
correctly as was its original design, it can work accordingly and achieve that
99.9999% destruction and removal of cancer-causing HAPS, that which includes
“Benzene”. In that testing in 2007, which is believed to be the last such
“Source Testing” required by the “ADEC” wherein the results of such utilized
even today for “permit renewals”, the “Operational Data” provides a serious
rendition of what is not being operated properly consistent with the
fundamentals of “Thermal Oxidation”. To allow the “VMT” to skate by with a
“DRE” of 98%, maybe only 95% depending on what section of the expired permit
one focuses in on, when this facility in its entirety is EPA defined as a
“Major HAPS Source”, well it is doubtful that 95% or 98% is being achieved 100%
of the time. Matter of fact, in the “Source Test Review Form” wherein the EPA
“Accepts” the results of that 2007 testing, under “Permit Requires 98%
efficiency in destruction of VOC”, NO and OK with NO are checked. Which means
there is no required “DRE%” limit imposed on the “APSC” through this “Source
Testing”, just the fact the “ADEC” and the “APSC” can quote the results of that
testing and having us believe all is OK, when it was a totally flawed “Source
Test” to begin with. As that “Source Testing was inconclusive to a trained eye,
the results both confusing and suspicious no doubt the reason the outcome found
no “limits” to polluting acceptable. In that 2007 testing, to reiterate it
appears it was the last time any “Source Testing” was required by the “ADEC”,
the “ADEC” witnessed the VOC destruction efficiency testing of the “VMT” Vapor
Recovery Incinerators A&B. In result through that testing in report,
“Normal Operation” was defined by 3-thresholds wherein these abatement
“Incinerators” are required to work properly, to destroy the humongous volumes
of VOCs generated at the “TAPS VMT” to facilitate the “crude oil transport”
from North Slope production – in abatement that which includes the cancer-causing
air pollutant constituents. Of the 3-thresholds, only a single operation found
no berthed tanker loading operation as “Normal”. Yet the 6-tests on Units
A&B followed by the 3-tests on Unit A only, this testing in its entirety
was done when no tankers were loading, which demonstrates not a very valid
test. Normal operation testing should have included the maximum load on the
incinerators, with 2-tankers loading to verify if the
“Turndown/Turnaround/Turnup” ratio could handle even a normal operation let
alone an upset situation. Yet there is a hidden reason for this testing at the
low end of the spectrum with respect to “loading”, as the original Fluor design
of the “VMT” did not allow for the “waste gas” to be ported to the “Combustion
Boilers” in efforts to generate cheaper electricity, as once that illegal
project was in place, without a permit to proceed finding no “ADEC” involvement
or agency review, it placed huge demands on that “Waste Gas” wherein the
operation then required a “balancing act” with the 18-crude oil storage tanks,
to turn low BTU “waste gas” into the likes of a propane fuel, else any porting
of that off-gas from the tanks would “quench” the combustion/steam generation
cycle – it would not work it was not supposed to work this way. But when
operating without the proper “PSD” permits, an entity can get away with
environmental murder. So it required a change of philosophy, to make sure the
“Waste Gas” was no longer a low BTU gas and that placed major constraints on
the “Thermal Oxidizers” to operate as originally designed. In estimate, 2/3rd
of the design capacity was forfeited away, which made the “Hazardous Air
Pollutant Abatement” process susceptible to “Benzene” slippage. It was a change
that allows for more pollution. And in that 2007 “Source Testing, it was a
“Test” that then found more leniency for the “APSC”, by the “ADEC” allowing for
the “APSC” to amend the Title V “Air Quality” permit to operate the “VMT JZTO”
at a lower baseline temperature, that of approximately 1075°F. It is well known
that the desired temperature for “HAP” abatement is 1200°F, as was the original
design “Temperature Operating Setpoint”.
When at the same time, since 2005, the “flare” at Pump Station#1 of the
“TAPS” in Prudhoe Bay, it is required to have a higher “DRE” requirement, set at
98.5% and considered by the EPA a “HAP Minor Source”, it goes to show that the “ADEC”
treats the kindergarteners way up north in the middle of nowhere better then it
does my kids in Valdez. The fact that the “VMT’s JZTO” is being allowed to
operate as a “shrouded flare”, the “Operational Data” indicates there is a
serious “combustion” dilemma in the process on an on-going basis, sometimes
called “combustion rumble”, wherein there are way too many unacceptable
excursions wherein it points to an “oxygen deficiency/starvation” ritual, which
means more “air pollution”. But that 2007 “Source Testing” was flawed, as the
sample line for measuring the carryover of VOC in the stack after the
“combustion destruction” should have rendered the emissions “safe”, that
sample-line setup was shared by a suction pump for another monitoring device
which more then likely slip-streamed away the true identity of what was the
aftermath of emissions, another thing that was a “red flag” the “ADEC” should
never have allowed, it made the entire testing worthless. Fact of the matter,
there are many questionable attributes of that “2007 Source Testing” that defy
the merits in obligation of an oversight agency performing its job, especially
when witness to that “Testing” and providing signature approval under oath of
accuracy. Yet the results of that testing is still used today by the permit
applicant, the “APSC” and the “ADEC” in agreement. As with the rules of the
road for a “Thermal Oxidizer” process to be “efficient” in that 99.9999 target
of abatement, it appears the “Leniency” afforded this once cherished abatement
device has surrendered its design with respect to the criteria of “Time with
Temperature with Turbulence”, it is no longer working according to the original
design – said again in the early 1980’s it was demonstrated that the “JZTO”
facility could achieve a 99.9999% DRE. At one time, things worked according to
the original design, to protect the citizens. In question still, why has the
“ADEC” moved its oversight “mission” away from protecting the citizens? When it
can do a better job in making sure the “APSC” is doing a better job, instead of
settling for a lesser degree of ownership in making sure the air we breathe
will not “Cripple & Kill Us”!
The other sad fact of the matter, this “Source
Testing” then allowed the “APSC” to finally apply for a “permit”, which
required no further “Source Testing” as is required by many other industries
working and operating in Alaska. The normal course of “Checks & Balances”
saw another abandonment by the “ADEC”. And as another demonstration that the
“ADEC” went derelict in its duty, to supplement that “Source Testing”
requirement, the “ADEC” allowed the “APSC”, a company that had a rap sheet that
it could not be trusted to even apply for the proper air quality permits
19-years in dereliction, the “ADEC” then allowed the “APSC” to rely on “visual
emissions monitoring”, in Valdez! Wherein during the winter, that which lasts
6-months, there are days 5 in a row wherein the blinding snow does not allow
for anything close to “visual emissions” more like “visual impairment” and then
there are days upon days wherein the fog is so dense around the berths, one
must drive the causeway with an escort, wherein there is “Zero” chance of
catching a tanker violating that “visual emissions” standard. And at night,
just let the “Benzene” fly away free to Valdez. Once again in proof wherein the
“ADEC” allows the “APSC” to skate by in defiance the “sense of the air quality
rules and regulations”, on the cheap or in a mode that discourages “Good Air
Pollution Control Practices. Without a Citizen’s Arrest CEASE & DESIST in
DEMAND against the “ADEC” and its “Commission”, this trend will continue
unabated, as so with the air pollution targeting the health and well-being of
the citizens goes unabated.
Environmental crimes are successful with an
accomplice, that is what the “ADEC” is providing. There are many more
inconsistencies in the entire backdrop with how the “ADEC” manages its
obligation, wherein “mismanages” seems to find a better fit, with respect to
the “APSC VMT”. The “APSC” has shown it cares not about what the State of
Alaska “Statues” dictate with respect to “Air Quality”, and its only concern is
how it can benefit by getting away with documented “pollution” above and beyond
wherein it appears the only appeasement is in the “the economic savings
realized by the person in not complying with the requirement.” Today, through
the guidance of the “ADEC”, the “APSC” is being allowed to break the sense of
the environmental protective laws, to do as little as possible and over time
the “APSC” is adamant to whittle away all such responsibility, to derail
what were at one time sensible laws,
that everybody else seems to understand and abide by, but this is only possible
by an inept “ADEC” that somehow or another got on the wrong track, a dead-end
street it is for “Air Quality” worthiness. In suspect, pressure on the
regulators from “Alyeska”, that the latter will fight tooth and nail to get
what it wants, the license to pollute. And when the “ADEC” felt it was
necessary to pay tribute to the economic reasoning, to allow interference to
disable the “BACT” theory to using the “Best Available Control Technology”, it
balked and gave the “APSC” an out based on “too costly” a mission to do it
right. When at the same time, $money$ to support things like the ”Quality Bank”
finds Daddy War Bucks without limit, because that makes additional profits for
the “TAPS” Owners. But when it comes to protecting the citizens, to limit the
cost/per/ton to abate the poisoned air, to take a stand at a bottom-basement
sell-out, no doubt the “ADEC” gives not a rat’s ass about what it is supposed
to do to protect the citizens. $Money$ should never enter the equation, the
“ADEC” should never demonstrate a willingness to coddle the oil industry in
favor it is not worth the costs to do things right. To be straight forward, if
the “ADEC” were to move its headquarters and executive staff from Fairbanks to
Valdez, there would be a complete turnaround on how the “ADEC” does its
business to protect, as then the “ADEC” employees would come to a quick
understanding that sweet smelling mist that is coming from the “VMT” is pure
unadulterated “Benzene”. The conviction to do it right, to go above and beyond
has been abandoned by the state agency that is now a shipwreck, just another
Joe Hazelwood wannabee.
In ending as to why this Citizen’s Arrest CEASE
& DESIST finds merit that the State of Alaska through the ADEC has no other
option then to facilitate the demands herein this demand, a word of caution by
the American Petroleum Institute, the entity that the Alaskan Oil Companies use
extensively for legal considerations with respect to how it makes $money$
through accuracy in measurement, both in volume and quality, the following is
stated by that entity: “The science linking benzene to cancer – particularly
leukemia, in all its forms – has preoccupied the petrochemical industry for
more than half a century. As far back as 1948, the API’s toxicological profile
of the chemical discussed “reasonably well documented instances of the
development of leukemia as a result of chronic benzene exposure”, cautioning
that “THE ONLY ABSOLUTELY SAFE CONCENTRATION...is ZERO".
The “ADEC” should have by now required the “APSC” to
abide by the same degree of latitude, “ZERO” tolerance with “Benzene” and that
is a law of the land already by virtue of the “TAPS ROW”, as found under Title
43 Chapter 34 Trans-Alaska Pipeline §1653. The “ADEC” has that backing, but is
afraid to challenge the fact of this matter to the detriment of the citizens
being placed in “Harm’s Way”. The “Benzene Poisoning” continues, so sad.
The “merits” of this Citizens Arrest CEASE &
DESIST is not frivolous, the “ADEC” should immediately recuse itself from any
further permitting for the “APSC VMT”, as it has shown a total disregard for
protecting the environmental rights of the citizens. It should no longer be
involved, it has failed its mission and “People Are Dying”! In request, that
the “Permitting” be immediately turned over to a 3rd party, like the PWSRCAC to
make sure the “Total Removal” criteria is the basis of any further permits, to
make sure the “APSC” can no longer skirt the intent of the law and being
allowed to do so because the “ADEC” is broke.
Michael S. Kelley – Concerned Citizen 
Contact Information: 916-259-6715 or Michael.kelley.tmkf@gmail.com
