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Kelley, the founder of CIDA Inc., called the press conference to annouce his opposition to the Port Arthur Motiva Refinery's planned expansion, citing health hazards for the residents of Port Arthur's West side.
MIKE TOBIAS / The Port Arthur News


From left, Port Arthur City Council members John Beard Jr and Martin Flood challenge claims made by Community In-power and Development Association Inc.’s Hilton Kelly during CIDA Inc.’s Wednesday morning press conference near the former Main Gate of Port Arthur’s Motiva Refinery.
MIKE TOBIAS /

Published July 26, 2006 06:09 pm -

Group protests refinery expansion
PA council members counter charges

By Marilyn Tennissen
The Port Arthur News

PORT ARTHUR —

A local environmental justice organization is challenging a proposed refinery expansion, citing hazards to residents of Port Arthur's poorest neighborhoods.

Hilton Kelley, founder of Community In-power and Development Association Inc., held a press conference Wednesday near the Houston Avenue entrance to Motiva Enterprises, a Port Arthur refinery planning a $3.5 billion expansion project that will make it the largest refining facility in the country.

Two Port Arthur City Council members who represent the people in the affected area, John Beard Jr. and Martin Flood, attended the press conference to respond to Kelley's concerns.

"I agree with some of the concerns, but believe he (Kelley) is misinformed," Beard said. "Ignorance is a bad thing, especially when it is perpetuated through the media like this."

CIDA Inc. has filed a legal challenge to expansion and calls the proposal an "environmental injustice" to the largely poor, African American community living near the fence line.

"Port Arthur residents on the West Side are tired of being dumped on and left out of the benefits of these billion dollar projects," Kelley said. "If Motiva wants to build the biggest refinery in the nation on top of us then they need to be ready to sign a "Good Neighbor Agreement" that builds our community and protects our health."

Under the agreement, Kelley said Motiva should have a buy-out option for residents living along the refinery fence line, show a decrease in emissions, install a real-time monitoring system that reports instantly to a Web site accessible by residents, improve the warning network, have an evacuation plan for natural and terrorist disasters and develop an independent program to monitor environmental compliance. Kelley also wants the refinery to support a community controlled environmental education and health center run by CIDA.

Beard said the city already has a disaster evacuation plan, the Southeast Texas Alerting Network is in place to provide information to residents about emissions events and the TCEQ has almost a dozen monitors in place throughout the area to keep track of any releases from the refineries.

As for the education and health center, Flood said the area refineries have contributed to scholarships for Port Arthur students to receive a higher education and that Motiva regularly supports the Gulf Coast Health Center, which provides medical care for low-income residents.

"Good work is being done in Port Arthur, and the expansion is a good thing," Beard said. "Port Arthur is a poor city, and the petrochemical industry is the best opportunity this community has to end the cycle of poverty."

"The community needs a voice at the table to have input to what goes on in the area," Kelley said. "It's not that we are against the refineries operating, but we are against their blatant disregard of our citizens."

CIDA will seek full party status at a contested case hearing on Aug. 8 as part of the Texas Commission on Environmental Quality permitting process for the potential expansion.

Kelley is planning a community forum at 6 p.m. Friday at St. John Baptist Church, 801 Grannis Ave. Attorneys for CIDA led by Jim Blackburn, an environmental lawyer from Houston, will be on hand to address residents� rights. For more information about the meeting or other CIDA concerns, contact Kelley at 498-1088.

Contact this reporter at mtennissen@panews.com or (409) 721-2426



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Chris Bell, the Democratic candidate for Texas Governor, was in Port Arthur Tuesday morning to issue a statement to annouce his "Healthy Texas Environmental plan," in response to what he calls "declining environmental quality" throughout the state.
MIKE TOBIAS / The Port Arthur News

 

Published July 18, 2006 06:46 pm - Democratic gubernatorial nominee Chris Bell addressed the media and a small scattering of people during a campaign stop in Port Arthur on Tuesday.

Democratic nominee Bell visits Port Arthur


Mary Meaux
The Port Arthur News

PORT ARTHUR —

Two young children played on swings at the Carver Terrace Apartments park as Democratic gubernatorial nominee Chris Bell addressed the media and a small scattering of people during a campaign stop in Port Arthur on Tuesday.

 

Bell’s discussion focused on the “declining environmental quality” and his “Healthy Texas Environmental plan.”

The cost of pollution, he said, is $25 billion per year and includes medical costs, lost days from work and lost jobs.

Bell is critical of Texas Gov. Rick Perry and his “reign of error where polluters are actually awarded for violating environmental laws,” he said. Bell’s plan calls for an end to Perry’s policy of profit from pollution and aggressively punishing polluters as required by law. The plan also calls for an end to the fast tracking of permits for coal-fired power plants to reduce the risk of toxic emission.

“The Texas Commission on Environmental Quality penalizes less than one percent of the reported environmental upsets and allows polluters to keep, rather than collect, 81 percent of the possible penalty,” Bell said.

The Democratic nominee, ever critical of Perry, said the way to stop the environmental problems is by getting Perry out of office and bringing in new leadership.

In response to Bell’s comments, Gov. Perry’s spokesman Robert Black, said the Governor has done much to help the environment.

“He has made old grandfathered plants comply with the law or shut down and has led the effort to set up a grant program to help companies replace old engines with a cleaner burning substitute,” Black said. “The new TXU plants will be 80 percent cleaner than the national average and TXU will voluntarily reduce its total emissions by 20 percent.”

“Chris Bell can complain all he wants, but Texas is the national leader in reducing emissions and finding ways for renewable energy,” Black said.

Clad in yellow T-shirts, members of the Community In-power and Development Association Inc., founded by Hilton Kelley, were on hand for snacks and drinks for residents at the park. With a backdrop of dark storm clouds and plumes of smoke from a nearby refinery, Bell called the sight — including the park where children play — eye opening.

“This paints a stark picture,” he said. “I had been told of the challenges the community faces but to see it first hand, just over that small hill is a refinery.”

CIDA, a nonprofit organization, is not endorsing Bell, Kelley said.

Kelley wants the governor and other candidates and politicians to take the “toxic tour of Port Arthur” and see what they can do for the community.

The longtime activist hopes to one day with as a coordinator between the city and Motiva to move people away from the area near the refinery.

Information on nominee Chris Bell can be found on the Internet at www.chrisbell.com.

Wednesday, August 16, 2006 | Serving Baytown and the Surrounding Areas

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County suing Exxon over Archia Court spill


 

Published August 12, 2006

Harris County filed a civil lawsuit Friday against the Exxon Mobil Corp. over violations stemming from the January release of process gas oil from the company’s Baytown Refinery.

The lawsuit was filed in a Harris County district court minutes before the close of business Friday. Representatives of the County Attorney’s Office could not be reached for comment.

Jeanne Miller, spokeswoman for Exxon Mobil’s Baytown operations, said the company had been made aware that the county was going to file the lawsuit, which Commissioners Court approved Tuesday.

“We will work through the process,” Miller said.

A little after midnight Jan. 23, a tank just inside the refinery’s fenceline spilled 1,293 gallons of process gas oil, which is used in the refinery’s catalytic cracker units.

Another estimated 35 pounds was released through a hatch as an oily mist that drifted across Airhart Drive and enveloped the nearby Archia Courts public housing neighborhood.

Investigations by the company and the Harris County Public Health & Environmental Services office determined that the incident was caused because the tank overfilled, which operators failed to notice because of a malfunctioning gauge.

While the gauge had failed three days earlier, it still had not been replaced at the time of the spill because an instrument technician who could replace it was not located. Additionally, a high-pitched alarm on the tank did not sound when the tank overfilled.

The lawsuit cites several violations of state environmental regulations found by the HCHES investigation.

First, the spill created a nuisance condition for Archia Courts residents because “oil was emitted into the atmosphere in such concentration and of such duration as to interfere with the normal use and enjoyment of property and to adversely affect human health.”

Second, the complaint states, the company violated the refinery’s flexible permit because the spill could have been avoided by “good design, operation and maintenance practices.”

Third, the company violated the Texas Health & Safety Code by emitting air contaminants that contribute to air pollution, according to the lawsuit.

And last, the company violated the Texas Administrative Code by failing to notify the Texas Commission on Environmental Quality “as soon as possible after discovering the process gas oil spill had gone off site and affected the nearby neighborhood.”

According to a report of the TCEQ investigation of the incident, Exxon Mobil initially informed local TCEQ officials of the incident the next morning, but said the spill had only been on the company grounds. The company received a complaint from an Archia Courts resident later that afternoon, but did not inform TCEQ until the agency received a media inquiry the next day.

The lawsuit states that violations of the Texas Water Code can incur penalties of $50 to $25,000 per day for each violation.

After the incident, Exxon Mobil officials renewed the company’s efforts to purchase the Archia Courts neighborhood from the Baytown Housing Authority, which owns the 1940s-era complex. In 2003, the company offered the authority $2.1 million for the property as part of its “greenbelt” program.

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