One step back – TDLS reviewed

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In order to try to comply with the MOU from 1995 (which was supposed to be re-written and agreed to before the startup of the CFEP), ConocoPhillips has re-installed giant retro-reflector towers and devices known as TDLS or Tuned Diode Laser systems as part of the Fenceline reporting system.  These had been removed a few years ago by agreement with the Community Working Group and were to be replaced with newer, better detectors for H2S (hydrogen sulfide).  We no longer needed detectors for ammonia as that chemical was no longer used at the refinery.

Newer technology would be much less expensive to maintain as the costly gold-plated mirrors on the retro-reflectors don’t last long in a refinery environment.  Also, the TDLS technology was proven to be a useless detector in general.  We know this because of the findings of an audit of the fenceline system by the EPA in 2000 and a report published in 2001.

There are already sensitive ground level monitors for H2S in place at the refinery, and the report recommends that their data be made available to the fenceline.  The refinery has denied all requests for this.

What follows is the pertinent section of that report (which was presented to the refinery and the county in 2001).

Download (PDF, 254.89KB)

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The public hearing with the County Zoning Admin – 1/24/11

Read the short  CCTimes article about the hearing here.

Thanks to all of the folks from Rodeo and Crockett (and even Tormey) that testified before the Zoning Administrator.  The sentiment seems to be that we were heard loud and clear.  There will be a continuance until Monday, March 7, 2011, when there will be another hearing after all of the evidence and new developments are digested by the “enforcers”.

Below I’ll post the remarks made at the hearing by those that email them to admin@crgna.org.

Dr. Silverman speaks

Continue reading

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Public Hearing Today in Martinez

There is a public hearing this afternoon regarding the ConocoPhillips land use permit.  The public will be heard.

Monday January 24th, starting at 1:30 pm in the Board of Supervisors Chamber
651 Pine Street, Room 107, Martinez California 94553

ConocoPhillips is the 6th item on the agenda, so it will likely be after 2:30?

See post

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Jan 24 County Zoning Board Agenda

There will be a public hearing concerning the ConocoPhillips Land Use Permit.

According to the most recently published agenda, the hearing will start at 1:30 PM and the ConocoPhillips LUP will be the sixth topic covered.  You will be able to make comments at the start of the topic as long as a written request is put before that topic starts.

The PDF of the agenda is shown below:

Download (PDF, 30.65KB)

Hint: Click on the upper right icon for full page view or download it using the link just above this text.

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PUBLIC HEARING JAN. 24

WHY HAS CONOCOPHILLIPS RODEO
BEEN ALLOWED TO OPERATE IN VIOLATION

OF IT’S LAND USE PERMIT FOR OVER FIFTEEN MONTHS?

NOTICE: There will be a public hearing by the Contra Costa Zoning Administrator to review ConocoPhillips 2007 “Clean Fuels Expansion Land Use Permit”.

Monday January 24th, starting at 1:30 pm in the Board of Supervisors Chamber
651 Pine Street, Room 107, Martinez California 94553

See the agenda here.

All citizens need to attend and speak to the Zoning Administrator to let them hear your stories about ConocoPhillips and how their business affects YOU!  Why don’t we have trust in ConocoPhillips anymore?  Here are but a few examples of their bad faith efforts:

  • The lack of trust between the refinery and the community was revealed in the “public” CAP meetings.
  • ConocoPhillips refused to continue a fifteen year “Good Neighbor Agreement” with the downwind communities and the John Swett Unified School District.
  • ConocoPhillips continued flaring and has ongoing odor issues that affect our families daily.  A request for an odor study that was agreed to, was not performed.
  • The county mandated fence line safety monitoring system has not operated correctly FOR YEARS, and the refinery continues to delay repairs.
  • ConocoPhillips is still out of compliance with several requirements of its land use permits and the Board of Supervisors needs to hold them responsible to obey the law. The newest refinery “low odor” expansion and the continued illegal operation of the hydrocracker since October 2009 was supposed to reduce odors.  It has not!
  • ConocoPhillips opposed measure J (a temporary tax to support the schools) by funding a “push poll” with manufactured lies and littered the community with “NO WAY on J” signs.
  • It can only be concluded that the refinery is running a campaign to punish its neighbors for their vigilance.   We had a good working relationship with ConocoPhillips in the past, with mutual cooperation and respect.  We want that back.  We are not adversaries, but ever since the 1997 land use permit was granted, that is what the relationship has been.

Crockett’s District Two Supervisor is Gayle Uilkema. Her website lists her areas of interest that includes the statement “Industrial safety laws should promote safety measures in plants and encourage proper maintenance”

Let Gayle know that YOU don’t feel protected, YOU smell odors and YOU see the flaring!   Lack of oversight of the refinery with their  disregard in following procedures for proper startup of the Hydrocracker (in fact not even informing the county) and lack of maintenance and attention to the Fenceline Monitoring System alarms us.

The conclusion of the BP oil spill inquiry was that industry and government were too complacent, and that government regulation and oversight was too lax.  This sounds all too familiar!

Let’s carpool with neighbors.  Please leave a comment if you need or could give a ride.

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“Final Report” on the Oct. 22 flairing incident

Download (PDF, 322.54KB)

Hint: Click on the upper right icon for full page view or download it using the link just above this text.

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HOW THE GRINCH STOLE THE DISTRICT

Everybody in Crockett liked education a lot
But the Grinch who lived just west of Crockett –did not.

The Grinch hated schools-the whole education season.
Oh please don’t ask why, no one knows the reason.

Oh, it could be that his budget was too tight.
It could be that his head wasn’t screwed on just right.

But I think in the end the best reason of all
Was that his heart was two sizes too small.

The Grinch said  I’ll continue the GNA funding, it’s in my court
Just sign this EIR letter, indicating your support.
( Later, when no one’s looking, I can abort.)

I’ll comply with the land use permit before I start the plant
Whoops! I later discovered Houston tells me–I can’t.

I’ll throw a few coins and a little free food and soda
To try to cover up my foul body odor.

The Grinch opposed the school bond, signs came up overnight
Scared the voters with information, that was not nearly right.

That the Grinch stole the school is a real bummer.
Meanwhile the little town folk got dumber and dumber.

So the greedy Grinch gloated, “it’s all for the best”.
But can’t understand why new hires can’t pass our test.

Gosh, maybe he shoulda supported the schools
Then he’d have sharp people instead of these fools.

So now that he knows, too late, the real reason why.
I guess he’ll have to outsource over to Mumbai.

by Dr. H Adams with apologies to Dr. Seuss
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Residents shocked by Rodeo refinery campaign against parcel tax

Read the full Contra Costa Times article HERE.

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ConocoPhillips Profit Doubles on Oil Prices, Refining

Oct. 27 (Bloomberg)

Full story here in Bloomberg BusinessWeek.

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Mediation (non)results

The Good Neighbor Working Group wishes to inform the CAP about the outcome of mediation with ConocoPhillips regarding the Good Neighbor Agreement.  The mediation was very disappointing.  ConocoPhillips chose not to discuss any aspect, in any way, of a continued Good Neighbor Agreement with its downwind neighboring communities.  Rodeo refinery management took an extremely narrow, legalistic approach to the proceeding, arguing that Conoco had fulfilled its obligation to meet with the community and that it would under no circumstances renegotiate funding under the Good Neighbor Agreement.

In a broader sense, the GNA group is very concerned about the deteriorating relationship between ConocoPhillips and our communities.  Plant management seems entirely blind to the fact that, unlike other businesses, the Refinery on a daily basis presents a threat to our health and welfare, is a consistent source of odors in the community, and is an economic detriment, suppressing property values and discouraging local non-polluting business proliferation; all the while reaping billions in profits and failing to comply with water and land use laws.

We feel that because Conoco exacts a unique toll on our communities, the company bears unique responsibilities relative to the citizens on whom this toll is exacted.  Hollow promises to comply with permitting requirements, nominal payouts to the least among us in return for their silence, and a largely promotional golf tournament fall well short of these responsibilities, in our view.

In contrast to current refinery actions, the GNA Group hopes the CAP will create a more open and transparent forum in which local residents can adequately air their myriad concerns about Conoco’s operations in an objective, unvarnished manner.  We urge the CAP to consider:

  1. the release of all written documentation in its archive not subject to legal privilege by December 1, 2010.
  2. construction of an interactive public web site by January 1, 2011.
  3. publication of a “CAP Manual” outlining best practices by January 1, 2011.
  4. opening all CAP meetings to interested local residents, and instituting an appropriate time period during each meeting for public comment.
  5. circulation of well-developed agendas prior to, and minutes in timely fashion after, each and every CAP meeting.
  6. replacement of a CAP Facilitator who serves, “at the pleasure of the company” with an impartial, third-party facilitator.
  7. taking a formal, public position on CoP’s land use non-compliance, with particular emphasis on a new Community Working Group memorandum of understanding with the refinery.
  8. taking a formal, public position with regard to the refinery’s opposition to Measure J.
  9. initiating a systematic refinery odor monitoring and reporting program.

We look forward to the CAP’s reaction to this statement very soon, as there are numerous community members who are deeply troubled by the attitude of the refinery and feel the need to actively protect themselves.

Respectfully submitted, October 22, 2010, by the GNA Working Group.

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