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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
UNITED STATES OF AMERICA * CRIMINAL NO.
*
* 42 U.S.C. §§ 7661a(a) and 7413(c)(1)
VERSUS * 18 U.S.C. § 1519
*
* JUDGE
PELICAN REFINING COMPANY, L.L.C. * MAGISTRATE JUDGE
BILL OF INFORMATION
THE UNITED STATES ATTORNEY CHARGES:
AT ALL TIMES MATERIAL TO THIS BILL OF INFORMATION:
1. The defendant, Pelican Refining Company, L.L.C. (“PRC”), was a limited liability
company headquartered in Houston, Texas.
2. PRC was owned in equal shares by two other corporations. PRC owned and operated
the Pelican Refinery, a crude oil refining and asphalt production facility located in Lake Charles,
Louisiana. Pelican Refinery was a major stationary source.
3. Refinery operations at the Pelican Refinery were governed by Part 70 Title V
operating permits, a program established by the Clean Air Act and its regulations. Operation of the
Pelican Refinery was authorized only under the terms and conditions of the facility’s Title V Permit.
See Title 42 U.S.C. Section 7661a. That Permit detailed the specific point sources, emissions limits,
pollution prevention equipment and processes of the Pelican Refinery.
2:11-cr-00227
HAIKHILL
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4. In 2005 and 2006, the refinery processed crude oil, including “sour crude” that had
high concentrations of hydrogen sulfide, also known as “H2S.” Hydrogen sulfide is a highly toxic
and flammable gas inherent to sour crude refining. H2S is classified as an “extremely hazardous
substance” pursuant to 42 U.S.C. § 11002(a)(2). Louisiana has classified hydrogen sulfide as a Class
III toxic air pollutant (acute and chronic toxin). H2S is a colorless and flammable gas that has a
characteristic odor of “rotten eggs” at low concentrations. At high concentrations, H2S paralyzes
the sense of smell so that its odor is no longer perceived. At higher concentrations, the gas paralyzes
the respiratory center of the brain so that the exposed individual stops breathing, loses consciousness,
and dies unless removed from exposure and resuscitated. Refinery workers reported smelling H2S
as well as having their personal H2S monitors “go off” from time to time. PRC had no procedure
to record, track, report, or mitigate H2S releases.
5. Crude oil also contains benzene, toluene, ethylbenzene, and xylene (collectively
known as “BTEX”). These compounds are each federally listed as hazardous air pollutants and
extremely hazardous substances. Louisiana has classified benzene as a Class I toxic air pollutant
(known and probable human carcinogen), ethylbenzene and xylene as Class II toxic air pollutants
(suspected human carcinogen and known or suspected human reproductive toxin), and toluene as
a Class III toxic air pollutant (acute and chronic toxin).
6. On March 10, 2005, the Pelican Refinery Corporation was issued a Title V permit by
the Louisiana Department of Environmental Quality (“LDEQ”). The corporation’s Title V permit
provides: “Permittee shall comply with all conditions of the 40 CFR Part 70 Permit. Any permit
noncompliance constitutes a violation of the Clean Air Act and is grounds for enforcement…”
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7. The Pelican Refinery’s Title V permit prohibited refinery operations unless the
following requirements were met:
A. Carbon Beds: Carbon beds - “carbon canisters” - were to be used at the loading dock
to capture fugitive emissions of toxic chemicals, such as volatile organic compounds
and H2S;
B. Tanks: Crude oil tanks with floating roofs were to be closed to the environment and
tested on a regular basis to measure the primary and secondary seal gaps to ensure
that the floating roof was preventing the release of emissions of toxic chemicals, such
as volatile organic compounds and H2S;
C. Caustic Scrubber: After refining crude oil, off gas was to pass through a caustic
scrubber unit that sprayed a caustic solution in order to remove H2S;
D. CEMS: After refining crude oil, and after being scrubbed by the caustic scrubber,
emissions from the off gas were to be analyzed by a Continuous Emissions
Monitoring System (“CEMS”), also known as an “H2S analyzer”; and
E. Flare: The Pelican Refinery was required to have a process flare that would allow
any off gases to safely escape without explosion and which would combust the gases
to minimize air pollution and the release of H2S into the environment.
8. The Clean Air Act, 42 U.S.C. § 7413(c)(1), makes it a felony to knowingly violate
requirements or prohibitions of the Act, including the requirements of any federal or state operating
permit authorized or required by Title V.
9. The Clean Air Act imposes a number of monitoring, record keeping, and reporting
requirements on the owners and operators of pollution sources through the Title V operating permits
program and other provisions. These requirements allow owners, operators, and regulatory
authorities to determine whether sources are operating in compliance with statutory, regulatory, and
permit requirements and most importantly, to demonstrate compliance with permitted emission
limits. These emission limits are permitted by the U.S. Environmental Protection Agency (“EPA”)
and LDEQ to ensure that primary and secondary ambient air standards, which were established to
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ensure the safety and health of the public, are not exceeded. Without timely and accurate reports
from the owners and operators of air pollution sources, regulatory agencies cannot determine
compliance with air permits, which are issued to protect public health.
10. The EPA is the federal agency with primary responsibility over the Clean Air Act.
Through a program set forth in Part 70 of Title 40 of the Code of Federal Regulations, LDEQ is the
delegated authority to administer the bulk of federal Clean Air Act regulated activities within the
state. Under the Clean Air Act regulations, those holding Title V permits are required to send
periodic reports to designated state regulatory entities, such as LDEQ. LDEQ utilizes information
contained in those reports to administer the federal Clean Air Act program. LDEQ also transmits
certain information contained in those reports to the EPA. Consequently, when an entity knowingly
introduces false information into those reports, it not only obstructs LDEQ, but also the EPA’s Clean
Air Act program, including potential enforcement actions.
COUNT 1
CLEAN AIR ACT, TITLE V PERMIT VIOLATION
On or about August 1, 2005, through on or about July 1, 2006, in the Western District of
Louisiana, defendant PELICAN REFINING COMPANY, L.L.C., knowingly violated a Title V
operating permit issued under Subchapter V of the Clean Air Act, by knowingly operating and
causing the operation of its refinery in contravention of said permit, to wit:
a. The defendant operated the refinery and caused crude oil to be introduced into Tank
110-16 which had a failed floating roof and which allowed compounds such as
benzene, toluene, ethylbenzene, and xylene to uncontrollably escape into the
atmosphere, and in violation of the following permit conditions:
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i. Without first repairing holes, tears, and other openings in the seal or the seal
fabric of Tank 110-16’s primary and secondary seals so that these conditions
no longer existed before filling and refilling;
ii. Without properly determining the gap areas and maximum gap widths
between the primary and secondary seals and the tank wall within 60 days;
iii. Without notifying LDEQ or the EPA at least 7 days prior to filling and
refilling; and
iv. Without repairing or emptying the tank within 45 days of identifying the
failure.
b. The defendant operated the refinery without the use of a non-regenerable carbon bed
designed to collect and reduce emissions at the barge loading dock;
c. The defendant operated the refinery without the use and proper use of caustic to treat
and remove non-condensable toxic pollutants, including H2S;
d. The defendant operated the refinery without the use and proper use of a CEMS to
continuously monitor H2S concentrations;
e. The defendant operated the refinery without a vapor recovery system at the barge
loading dock; and
f. The defendant operated the refinery without a properly-functioning process flare at
all times when emissions, including H2S, could be discharged into the atmosphere.
All in violation of Title 42 United States Code, Sections 7661a(a) and 7413(c)(1). [42 U.S.C. §§
7661a(a) and 7413 (c)(1)].
COUNT 2
CLEAN AIR ACT, TITLE V PERMIT VIOLATION
On or about July 2, 2006, through on or about March 1, 2007, in the Western District of
Louisiana, defendant PELICAN REFINING COMPANY, L.L.C., knowingly violated a Title V
operating permit issued under Subchapter V of the Clean Air Act, by knowingly operating and
causing the operation of its refinery in contravention of said permit, to wit:
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a. The defendant operated the refinery without the use of a non-regenerable carbon bed
designed to collect and reduce emissions at the barge loading dock;
b. The defendant operated the refinery without the use and proper use of caustic to treat
and remove non-condensable toxic pollutants, including H2S;
c. The defendant operated the refinery without the use and proper use of a CEMS to
continuously monitor H2S concentrations;
d. The defendant operated the refinery without a vapor recovery system at the barge
loading dock; and
e. The defendant operated the refinery without a properly-functioning process flare at
all times when emissions, including H2S, could be discharged into the atmosphere.
All in violation of Title 42, United States Code, Sections 7661a(a) and 7413(c)(1). [42 U.S.C. §§
7661a(a) and 7413(c)(1)].
COUNT 3
OBSTRUCTION OF JUSTICE
On or about 2006, in the Western District of Louisiana and elsewhere, defendant PELICAN
REFINING COMPANY, L.L.C., knowingly made false entries in documents with the intent to
impede, obstruct, and influence the proper administration of a matter within the jurisdiction of an
agency of the United States, to wit: the filing of materially false deviation reports with the Louisiana
Department of Environmental Quality, a state agency which administers the federal Clean Air Act
program in Louisiana, that concealed and failed to disclose an ongoing violation and that falsely
stated that: “A contractor is currently working on building a treater system that will have carbon
canister controls” when no such work had been performed. All in violation of Title 18, United States
Code, Section 1519. [18 U.S.C. § 1519].
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IGNACIA S. MORENO STEPHANIE A. FINLEY
ASSISTANT ATTORNEY GENERAL UNITED STATES ATTORNEY
ENVIRONMENT & NATURAL WESTERN DISTRICT OF LOUISIANA
RESOURCES DIVISION
U.S. DEPARTMENT OF JUSTICE
BY: BY:
/s/ Richard A. Udell /s/ Stephanie A. Finley
Richard A. Udell Stephanie A. Finley
Senior Trial Attorney United States Attorney
Environmental Crimes Section Western District of Louisiana
U.S. Department of Justice
/s/ Christopher Hale
Christopher Hale
Trial Attorney
Environmental Crimes Section
U.S. Department of Justice
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