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March 20, 2014
Texas Chemical Plant Agrees to Cut Harmful Air Pollution in Overburdened
Community
WASHINGTON - The Department of Justice and the U.S. Environmental
Protection Agency (EPA) announced today that Flint Hills Resources of
Port Arthur has agreed to implement innovative technologies to control
harmful air pollution from industrial flares and leaking equipment at
the company’s chemical plant in Port Arthur, Texas. This settlement is
part of EPA’s national effort to advance environmental justice by
protecting communities such as Port Arthur that have been
disproportionately impacted by pollution. The company is also required
to pay a $350,000 penalty for Clean Air Act violations.
Once fully implemented, EPA estimates that the settlement will reduce
emissions of volatile organic compounds (VOCs), including benzene and
other hazardous air pollutants (HAPs), by an estimated 1,880 tons per
year, and will reduce emissions of greenhouse gases by approximately
69,000 tons per year.
“Communities like Port Arthur are a focus of our enforcement efforts as
they have been hit hard by air pollution,” said Cynthia Giles, assistant
administrator for EPA’s Office of Enforcement and Compliance Assurance.
“By working with EPA, Flint Hills has advanced new air pollution
controls that will help EPA bring similar air quality improvements to
other American communities. EPA will continue to focus on tough
pollution controls and cutting edge technologies in order to reduce the
burden of air pollution on Americans who need it most.”
“This agreement reflects the Justice Department’s and the EPA’s
commitment to alleviate the environmental and human health challenges
faced by vulnerable communities,” said Acting Assistant Attorney General
Robert G. Dreher of the Justice Department’s Environment and Natural
Resources Division. “This settlement will mean cleaner, healthier air
for residents of the Port Arthur area who continue to bear a
disproportionate burden from the impacts of industrial pollution.”
The settlement requires Flint Hills to operate state‑of‑the‑art
equipment to recover and recycle waste gases and to ensure that gases
sent to flares are burned with 98 percent efficiency. The company has
spent approximately $16 million to implement these required controls on
industrial flares.
When the agreement is fully implemented, the company estimates it will
spend $28 million to reduce “fugitive” pollutant emissions that may leak
from valves, pumps, and other equipment. The company must monitor leaks
more frequently, implement more aggressive repair practices, adopt
innovative new practices designed to prevent leaks, and replace valves
with new “low emissions” valves or use packing material to reduce leaks.
To further mitigate pollution impacting the community, the company will
spend $2 million on a diesel retrofit or replacement project that is
estimated to reduce nitrogen oxides and particulate matter by a combined
85 tons, in addition to 39 tons of carbon monoxide, over the next 15
years. The company will also spend $350,000 to purchase and install
technologies to reduce energy demand in low income homes.
For the past several years, Flint Hills has operated a system to monitor
the ambient levels of the hazardous air pollutants benzene and 1,3
butadiene at the boundaries of the facility, also known as the “fence
line.” The company has used the information collected to identify and
reduce potential pollutant sources for communities living near the
facility. In this settlement, Flint Hills has agreed to make its fence
line monitoring data available online to the public.
The complaint, filed by DOJ on behalf of EPA at the same time as the
settlement, alleges that the company improperly operated its
steam-assisted flaring devices in a way that emitted excess amounts of
VOCs, including benzene and other hazardous air pollutants. It also
alleges violations of EPA regulations designed to limit emissions from
leaking equipment.
The measures required by the settlement will cut emissions of pollutants
that can cause significant harm to public health. VOCs are a key
component in the formation of smog or ground-level ozone, a pollutant
that irritates the lungs, exacerbates diseases such as asthma, and can
increase susceptibility to respiratory illnesses, such as pneumonia and
bronchitis. Chronic exposure to benzene, which EPA classifies as a
carcinogen, can cause numerous health impacts, including leukemia and
adverse reproductive effects in women.
Today’s settlement is part of EPA’s national effort to reduce emissions
of toxic air pollutants, with a particular focus on industrial flares
and leaks from equipment. Improper operation of an industrial flare can
emit hundreds of tons of hazardous pollutants into the air. EPA
encourages companies to flare less, and when they do flare, to fully
burn the harmful chemicals found in the waste gas.
Flint Hills’ plant in Port Arthur manufactures chemicals that are used
in a variety of products, including medical devices, automotive parts,
and appliance components. The Port Arthur facility has the capacity to
produce nearly 1.4 billion pounds of ethylene and 700 million pounds of
propylene annually.
The consent decree, lodged in the Eastern District Court of Texas, is
subject to a 30-day public comment period and court approval. The
consent decree will be available for viewing at
http://www.justice.gov/enrd/Consent_Decrees.html.
More information about the settlement:
www2.epa.gov/enforcement/flint-hills-resources-port-arthur-clean-air-act-settlement
For more on recent settlements related to flaring:
http://www2.epa.gov/enforcement/national-enforcement-initiatives
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