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.”



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