aes hp, CHALMETTE REFINING, L.L.c. P.O. Box 1007 WmeTTE, La 70044 (504) 281-1212 RECEIVED JAY 25.2010 January 22, 2010 Mr. Richard Ober Environmenta! Compliance Louisiana Department of Environmental Quality Office of Environmental Compliance P.O, Box 4312 Baton Rouge, LA 70821-4312 Richard, Ober@LA.gov RE: Response to Louisiana Bucket Brigade Report “Common Ground” Dear Mr. Ober: This leter is in response to a request Chalmette Refining, LLC (CRLLC) received from LDEQ to review the Louisiana Bucket Brigade’s (LABB’s) recently issued report “Common Ground” and similar information reported on its website and correct any errors reported by LABB. CRLLC has completed its, initial review and did find several errors in the report that are explained in more detail below. Pethaps ‘even more disappointing, however, is the way the LABB presented the data in a misleading fashion that attempts to distort our environmental record. In addition to identifying some of the errors and misinformation in the LABB report, this letter highlights the improvements in environmental performance that CRLLC has achieved recently, 1. LABB Report presented data in misleading fashion: ‘The LABB describes all of CRLLC’s agency notifications as “accidents” when in fact CRLLC makes a number of notifications that are courtesy notifications of permitted activities and non-reportable releases. Of the 395 notifications that the LABB termed “accidents” from 2005-2008, the actual number of reportable releases for this time period was 181. The discrepancy is due to LABB’s failure to distinguish between courtesy notifications of permitted activities and non-reportable releases and notifications that resulted from reportable emissions and double accounting of the same incident. Failing to draw this, distinction unfairly castigates facilities like CRLLC that have chosen to err on the side of over-reporting, in an effort to keep the LDEQ and public well-informed about emissions and activities occurring at the site. Furthermore, LABB’s portrayal of all notifications as “accidents”, regardless of whether reported ‘emissions are above a Reportable Quantity (RQ), is also misleading. As DEQ is aware, RQs are established at levels that have been determined to be protective of human health and the environment. This list of RQs is reviewed and updated by EPA with public comment. By calling attention to emissions that are below an RQ, the LABB report unfairly portrays these emissions as harmful to the community Nonetheless, CRLLC is committed to reducing all unplanned emissions that result from our operations and, when such emissions do occur, providing the public and regulatory agencies with timely and accurate information, In their handbook, “Louisiana's Worst Refinery Accidents 2005-2008,” LABB asserts that a planned and permitted activity-- the emergency discharge of the wastewater treatment plant during Hurricane Gustav— ‘was an “accident”. Far from being the result of an “accident”, CRLLC acted in a prudent and responsible manner throughout this major weather event and reported in accordance with its water permit. In particular, when St. Berard Parish issued a mandatory evacuation of the parish, CRLLC followed its acob 1 Cerpeaon Oper nd Age fr Clee Reng LLCmanner throughout this major weather event and reported in accordance with its water permit, In particular, when St. Bernard Parish issued a mandatory evacuation of the parish. CRLLC followed its hurricane shutdown procedure in a safe manner. This procedure provides for the orderly shutdown of refinery operations, including the wastewater treatment facility. The hurricane shutdown procedure includes a provision to open the emergency discharge outfall in order to prevent flooding due to excessive rainfall. The emergency discharge provision in CRLLC’s water permit is designed for circumstances such as those presented by Hurricane Gustav and is approved by the LDEQ. ‘The LABB report also erroneously portrays the “Pounds of Pollution Released Via Accidents”. Over 25% of CRLLC’s reported “pounds of pollution” was, in fact, oil that was recovered and reprocessed on site. This oil was contained within the refinery by the protective dikes and other contro! devices that are designed to protect the community 2. Some Other Factual Errors: In addition to the foregoing examples, CRLLC analyzed one constituent in detail - Hydrogen Sulfide (H,S)- in order to better understand the accuracy of the information on LABB’s website. The examples below, in Table |, illustrate the types of errors found on the LABB website. Table 1. Examples of Errors Found on LABB Website Tnaccuracy Type Example WWTP Upset & Bypass (8/31/2008): CRLLC released 1.655.000 gallons of storm water to the Mississippi River. LABB indicated that, the release was to Lake Borgne, Emissions Incident #07-04608: CRLLC reported a release of 671 Ibs of HS. Emissions Quantity LABB tabulated a release of 6,407 Ibs of HS. Incident #05-00373: CRLLC provided a follow-up rescind (itis in ante el EDMS). LABB indicated that there was no such follow-up. Incident # 05-0115: CRLLC reported only S02 emissions. LABB Ree eee also reported H,S emissions, Incident #05-04469: CRLLC provided two written notifications regarding one incident in order to upgrade the initial notification with refined data. LABB counted the two notifications as two “accidents.” Duplicate Counting of One Incident ‘A review of other constituents may have yielded additional examples of errors contained in the LABB repon.3. LABB Report distorts CRLLC’s environmental record and ignores recent accomplishments: CRLLC also wants to address the more fundamental question raised by the LABB report concerning, CRLLC’s environmental performance. That is, CRLLC’s commitment to operating in an ‘environmentally responsible manner. In 2009, CRLLC decreased its SO: emissions from reportable releases by greater than 90% from the preceding 5 years, as shown in Figure 1, below. This is significant, especially when one considers that SO; emissions comprise greater than 90% of the air emissions from all reportable quantity releases. Figure 1. $0, Emissions From Reportable intity Rele: 2,250,000 Quantity Releases 2,000,000 1,750,000 1,500,000 @ 1,250,000 = 1,000,000 750,000 500,000 250,000 0 issions $02 Emi 2005 2006 2007 2008 2009 In addition to the decreased emissions from reportable quantity releases, the number of reportable releases has steadily decreased from 2005-2009, as depicted in Figure 2. The decrease in reportable quantity releases is attributable to many factors, including technological investment, improved procedures, and increased employee awareness. Figure 2. Reportable Quantity Releases Per Year 70 | 60 50 40 30 | 20 10 | fm 2005 2006 2007 2008 2009i dio Cuaumerte REFINING, L.L.C. P.O, Box (007 CHatmerte, LA 70044 Te 02 E odoazzan14 “4 MAILED FROM 21° LA. DEPT. OF ENVIRONMENTAL QUALITY SOUTHEAST REGIONAL OFFICE P.O. BOX 4312 BATON ROUGE, LA 70821-4312 ATTN: RICHARD OBER, JR. ‘,