Tuesday, August 10, 2010

AG seeks civil penalties against BP for leak



By T.J. Aulds
The Daily News

Published August 10, 2010
TEXAS CITY — The Texas attorney general on Monday charged BP’s Texas City refinery with violations of state air-quality laws over a 40-day release that sent more than 500,000 pounds of chemicals — including large amounts of benzene — into the air during April and May.

The legal action is the second by the state against BP since 2009. A Texas Commission on Environmental Quality investigation in July found the release was an “excessive emissions event” and referred the case to the attorney general’s office.

“The state’s investigation shows that BP’s failure to properly maintain its equipment caused the malfunction (that) could have been prevented,” Attorney General Greg Abbott said in a release. “BP’s own self reporting date indicated that seal filters protecting the compressor failed because of an iron sulfide buildup, likely because BP failed to properly maintain these devices.”

The attorney general also alleges that BP ignored the large amount of emissions.

“BP made very little attempt to minimize the emissions of air contaminants caused by its actions, once again prioritizing profits over environmental compliance.”

The lawsuit pinpoints six contaminants that were released by BP including benzene, volatile organic compounds, nitrogen oxides, sulfur dioxide, hydrogen sulfide and carbon monoxide as violations.

The lawsuit seeks up to $25,000 a day per contaminant plus attorneys fees as penalties for the emissions, attorney general spokesman Tom Kelley said. That could cost BP as much as $6 million.

The company has argued its air testing at the fence line and monitors maintained by the state did not show high levels of emissions during the 40-day period that started April 6 and continued through May 16.

BP adamantly denied any dangerous levels of toxins could be found in the community and insists residents were never at risk.

“We will continue to cooperate with the attorney general’s office and the TCEQ to resolve their concerns,” BP spokesman Michael Marr said Monday.

BP would not directly comment on the attorney general’s actions but defended its air quality measures at the refinery.

“Independently verified air-monitoring data from our Texas City refinery clearly indicates a substantial and sustained improvement in air quality since 2004,” Marr said in July.

“BP Texas City is also moving forward with a number of measures that will further improve environmental performance and reporting. These measures include industry leading technologies and programs.”



FIND ANYTHING IN HOUSTON

Friday, August 6, 2010

Thousands sign on for $10 billion BP suit



By MONICA HATCHER
HOUSTON CHRONICLE

TEXAS CITY — The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.
Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.
The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area.

At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.
"I've never seen anything like this," Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. "I can't believe this is mass hysteria and that everybody here is a faker," Buzbee said.
Webster-based lawyer Chad Pinkerton said he's met with about 8,000 residents over the past week. "I believe this is probably the largest prolonged release in Texas history and many, many people are sick," he said.
Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.

BP spokesman Michael Marr said those rumors are untrue.
On Wednesday afternoon, a family used a convenience store copy machine to make dozens of copies of legal contracts. A clerk said the machine had been in constant use by would-be plaintiffs.
Lluvia Briones, 19, who signed up to join the lawsuit, said her colleagues at a Texas City fast-food restaurant were caught up in the fervor. "Everybody at work was like, 'go, go, go,' " she said.

Dozens of people the Chronicle interviewed complained of allergic reactions, sinus infections, headaches, nosebleeds and other symptoms consistent with exposure to noxious substances.
Linda Laver, 55, a former nurse, said she's enjoyed near-perfect health until she recently suffered an abscessed sinus infection, gall bladder failure and pneumonia.
"I told my doctor, 'You've known me for all these years and now all of a sudden I'm having all these things,' " Laver said as she stood in line at the Nessler Center.
Laver said she "freaked out" when she saw a Buzbee Law Firm newspaper ad describing the symptoms of benzene exposure. "It confirmed all my suspicions," she said.

Only two weeks before the well blowout in the Gulf of Mexico killed 11 workers and triggered the oil spill, BP was experiencing problems with a hydrogen compressor at the Texas City plant - itself the site of a deadly explosion in 2005 that killed 15 people.
The trouble started April 6, when the company said a fire compromised a seal on an ultracracker's hydrogen compressor. The malfunction forced the company to flare off gases. It reported the "emissions event" to the Texas Commission on Environmental Quality the following day. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP said it operated the ultracracker at minimal capacity, reducing production and emissions. Buzbee says the unit should have shut down completely.
Information about the release became public when BP submitted a final incident report to regulators June 4.

After investigating, the environmental commission cited BP for an "excessive release" and, two weeks ago, referred its findings to the state attorney general for possible litigation.
"Based on a review of the incidents that occurred during the past year, there appears to be a pattern of poor operation and maintenance practices" at the plant, the report said.
The report said chemical concentrations in the air did not exceed state or federal standards, but that the commission could not determine the short-term health effects of the chemicals.

Coming on the heels of the oil spill, the lawsuits add new woes for BP and may aggravate an old one: BP North America - the company's refining division - is on federal probation for a felony environmental conviction related to the 2005 explosion, which also caused a massive release of benzene and other toxins.

Any further violations could be grounds for prosecutors to ask a judge to revoke BP's probation.
Already, lawyers representing victims of the 2005 blast have said a court should revoke BP's probation based on a complaint by the Occupational Safety and Health Administration that BP has failed to comply with safety agreements it made after explosion.
The company denies OSHA's claims, and a hearing is scheduled for later this month.

As to the recent emissions, BP's Marr said in an e-mail that community air quality and fence line monitors, which measure for the presence of benzene and other substances, did not show elevated readings or ground-level impact.
Other monitoring by environmental specialists similarly found that the emissions did not exceed exposure limits set by the government, he said.

"BP does not believe there was a health impact associated with this event," Marr said.
Many residents are skeptical of that claim, and are angry that the chemicals were released for 40 days without public disclosure, even to Texas City's emergency management coordinator, Bruce Clawson. Even though BP complied with state reporting requirements, under an agreement with the city, the company should have alerted officials to the situation. Clawson said he's now dealing with irate residents calling the city for details he doesn't have about the release.
Chronicle reporter Lise Olsen contributed.


FIND ANYTHING IN HOUSTON

Thursday, August 5, 2010

Lawsuit seeks $10 billion for 40-day BP release




By T.J. Aulds
The Daily News

Published August 4, 2010
TEXAS CITY — About 2,200 people are part of a federal lawsuit filed Tuesday morning over the release of more than 500,000 pounds of pollutants — including high levels of benzene — into the air after a unit failure at BP’s Texas City refinery.

The lawsuit filed by Friendswood attorney Tony Buzbee seeks $10 billion in damages in the release of pollutants between April 6 and May 16 when the refinery ultracracker’s hydrogen compressor went offline.

Buzbee said his clients include contract workers who were at the refinery and residents who live within a mile of the refinery. He said he expects to add another 4,000 clients to that list by week’s end.

The lawsuit was filed in the federal court in Galveston.

Buzbee said his clients have experienced “the typical exposure symptoms, sinus and eye issues, coughing, feeling nauseous, feeling lethargic — all the common benzene exposure symptoms.”

According to BP’s filings with state regulators, about 17,000 pounds of benzene were released — about 400 pounds a day.

Benzene has been linked to some forms of cancer, according to U.S. Health and Human Services records.

BP maintains the emissions did not harm the community.

“During the Ultracracker compressor outage of April-May, the community air monitoring network did not show elevated readings,” BP spokesman Michael Marr said. “Similarly, the site’s recently enhanced fence line monitoring did not show a ground level impact throughout the event.”

Buzbee said, “I don’t know what’s going on here. The amount of people saying they are experiencing symptoms is staggering. We started getting calls in April, but I was turning them down. When (The Daily News) first reported it (on June 5), the calls really started to come in, and I decided to take another look.”

Buzbee’s firm isn’t the only one planning legal action. For the past two weeks, attorneys have set up shop at store fronts to sign up clients, and Buzbee plans a town-hall meeting tonight in Texas City.

Attorney Chad Pinkerton said he has about 6,000 clients, while James Nebout, of Burwell and Nebout said he had hundreds of additional clients. Houston attorney Clement Aldridge was also in town meeting with potential clients last week, but he did not confirm how many people he had signed up.

Based on initial numbers provided by the attorneys, the number of people seeking some sort of legal action against BP could be about 25 percent of Texas City’s population.

Not all of the clients have been confirmed to have had medical symptoms, the attorneys said.

Nebout said his firm started getting calls in April before the emissions were made public.

“These are some very serious symptoms we are seeing in our clients, and you look at their medical records and say something has to have caused this,” Nebout said.

Pinkerton said some of his clients have shown signs of long-term health problems they blame on the emissions.

BP is bracing for the legal fight.

“Based on our understanding of the facts and circumstances, BP does not believe there is any basis to pay claims in connection with this event,” Marr said. “BP is not taking or paying such claims.”

In July, a Texas Commission on Environmental Quality investigation found the release was an “excessive emissions event” and then referred it to the attorney general’s office last week, agency spokeswoman Andrea Morrow said.

+++

What Was Released?

• BP estimated 37,519 pounds of nitrogen oxides, 17,000 pounds of benzene, 189,000 pounds of carbon monoxide, 61,000 pounds of propane, 34,645 pounds of isobutane and about 160,840 pounds of other emissions were released between April 6 and May 16.

• The daily release of benzene was 40 times the state reportable levels.

• State law requires 10 pounds or more of benzene and 200 pounds or more of nitrogen oxides during a 24-hour period must be reported to the Texas Commission on Environmental Quality.

SOURCES: BP, TCEQ


FIND ANYTHING IN HOUSTON

Monday, August 2, 2010

Friendswood boy carjacked and kidnapped!


Police: Friendswood teen carjacked, kidnapped in front of his house
by khou.com staff
khou.com

FRIENDSWOOD, Texas – A 16-year-old Friendswood boy was carjacked and kidnapped in front of his home Wednesday night, police said.
The victim flagged down a Harris County deputy in the 2100 block of El Dorado Blvd. around 12:15 a.m.

The deputy called Friendswood police.

The teen told officers he had just returned to his home in the 700 block of Pine Hollow Drive around midnight when two unknown men rushed at him.

The teen said the men ordered him into the backseat of his truck at gunpoint and started driving.
When they reached El Dorado, the suspects told the teen to get out, and then fled in the victim’s truck.

Police believe the suspects may have followed the teen home from the Clear Lake area.
He was not physically injured.

Test your hurricane IQ.




By GREG AINSWORTH


This year's hurricane season in the waters adjacent to the Southeastern United States is drawing more attention than usual, thanks to the oil spill in the Gulf. The National Hurricane Center expects a busier than average year, so it's time to energize our hurricane IQ.
Whether you call them hurricanes, typhoons or cyclones, they are the scourge of tropical locales worldwide. Ocean water temperatures of at least 80 degrees seem to be one of the key ingredients in their formation. Think hot and muggy -- and lots of evaporation. If other conditions are favorable in the atmosphere, winds near the surface may begin to converge, and a low-pressure system may form.


In the Northern Hemisphere, those cyclonic winds spiral in a counter-clockwise direction. All of that water vapor in the atmosphere rises and condenses inside thunderstorm complexes, releasing a great amount of energy in the process. Bands of thunderstorms stretching from the system's outer margins to the center of circulation help feed the massive heat engine with warm, moisture-laden air.

As the system matures, the characteristic cloud-free and relatively calm eye may form at the center of circulation. But surrounding the eye is the eyewall, where the most intense convection and highest wind speeds occur.

Hurricanes pose a major threat to life and property because of their ability to wreak havoc in so many different ways. Perhaps the first thing that comes to mind is wind damage -- not surprising since a storm isn't called a hurricane until it has sustained winds of at least 74 mph. In August 1969, Hurricane Camille made landfall along the Mississippi coast with sustained winds estimated at 200 mph.

An important, but often overlooked hurricane impact is the storm surge. This refers to the ocean water pushed onshore into low-lying areas by hurricane-force winds. Depending on the status of the local tides during landfall, storm surges of 15 to 20 feet are not out of the question. If you happen to live in a near-shore area at say, 10 feet above sea level, the surge can be bad news indeed. Hurricane Opal caused a 24-foot storm surge near Pensacola, Fla., in September 1995.

Even days after landfall, hurricanes, or their remnants, are still capable of producing tornadoes and flooding rains. After slamming into the coast of south Texas in September 1967, Hurricane Beulah spawned more than 100 tornadoes. Tropical Storm Claudette, whose winds didn't reach hurricane strength, nevertheless dropped 45 inches of rain on Alvin, Texas, in 1979.

For further information about these storms, check out the website for NOAA's National Hurricane Center.

Greg Ainsworth keeps an eye on local weather and climate issues. Contact him at ainsworth@theglobal.net.

LinkWithin

Blog Widget by LinkWithin