NEWS RELEASE PRESS RELEASE
OIL, CHEMICAL & ATOMIC WORKERS INT'L UNION, AFL-CIO
 
For Immediate Release: August 10, 1998
Contact: Rick Abraham, (713)869-0774 Texans United
         Mark Wenzler, (202)797-8600 Trial Lawyers
           for Public Justice 

EPA and Harris County Join Citizens
in Opposing Bush's TNRCC Settlement

Crown Refinery Settlement Proposes Inadequate Penalties
and Won't Stop Violations

            The U.S. Environmental Protection Agency and the
       Harris County Pollution Control Department have now gone
       on record opposing a controversial settlement between the
       Texas Natural Resource Conservation Commission (TNRCC)
       and Crown Central Petroleum Company. 
       
            The EPA and Harris County objections to TNRCC's
       proposed settlement, or "Agreed Order", mirror those
       previously raised by citizens groups. The Agreed Order
       has been criticized by Texans United and other
       environmental groups as a politically motivated
       "sweetheart agreement" that would minimize Crown's
       expenses and fail to stop pollution violations. 
       
            A recently released letter from EPA's Regional
       Administrator to the TNRCC states, "...the overall
       penalty proposed in the Agreed Order is insufficient to
       deter Crown Central from future violations." According to
       the EPA, the settlement "does not contain any stipulated
       penalties to ensure compliance" and "fails to reflect the
       economic benefit that Crown Central has gained through it
       years of non-compliance." 
       
            The EPA questions the appropriatness of TNRCC's
       "administrative" action and suggests that the TNRCC join
       EPA in addressing Crown violations in a "judicial forum."
       
            Crown was one of ten companies which, in November of
       1997, joined Governor Bush's much touted "voluntary"
       program to reduce air pollution. "Governor Bush's TNRCC
       appointees have obviously rewarded Crown for making the
       Governor look good", said Texans United Director Rick
       Abraham. "Apparently, it doesn't matter that the company
       has been breaking the law and hurting families for at
       least seven years." 
       
            The environmental groups Texans United, the Sierra
       Club, the Natural Resources Defense Council and several
       Pasadena families filed a federal "Citizens Suit" against
       Crown in July of 1997 for more than 10,000 hours of
       violations of the Clean Air Act. Provisions of the Clean
       Air Act allow such lawsuits when government agencies fail
       to enforce the law. Citizens claim the TNRCC allowed
       Crown's violations to continue for years and only
       initiated enforcement action against Crown after the
       citizens announced their plans for a lawsuit. 
       
            The EPA initiated a separate federal enforcement
       action following its investigation which uncovered
       Crown's violations, including those alledged by citizens
       groups. The TNRCC declined to participate in a joint
       enforcement effort with the EPA and the Justice
       Department and instead, took its own independent action.
       In spite of its pledge to work with the citizens to stop
       Crown's illegal pollution, the TNRCC negotiated the
       agreement with Crown behind closed doors. 
       
            TNRCC's agreement grants Crown a lengthy period of
       time to study its problems and pick its own remedies. 
       "TNRCC's proposed penalty of $650,000 is a small fraction
       of the amount Crown saved by failing to fix its refinery
       and comply with the law," according to citzens' attorney
       Mark Wenzler, with Trial Lawyers for Public Justice,
       TNRCC agreement fails to penalize Crown for more than
       half of its violations and fails to require Crown to
       replace their antiquated Sulfur Recovery Unit (SRU) which
       is the sourse of many of Crown's pollution problems."
       
            The Harris County Pollution Control Department
       (HCPCD) stated in an August 3 letter to TNRCC, "Given the
       close proximity of Crown to many homes and businesses,
       and Pasadena ISD schools, a reliable back-up SRU is
       essential." TNRCC's proposed penalty is also described as
       "inappropriately low" and TNRCC's proposal to have Crown
       conduct additional studies would have "limited benefit",
       according to HCPCD Director Rob Barrett. His letter
       requests that TNRCC "hold or withdraw" the proposed
       Agreed Order.
       
            Last week a federal judge dismissed the "Citizen
       Suit" against Crown, claiming that the agreement between
       TNRCC and Crown prevented the case from being heard.
       Citizen groups accuse the TNRCC of proposing a settlement
       with Crown in order to undermine their lawsuit and
       protect Crown's profits. Attorneys for the citizens are
       filing a motion for reconsideration with the court. 
       
            Governor Bush's TNRCC appointees are scheduled to
       vote on the proposed Agreed Order on August 26 in Austin.
       Should they decide to finalize the Agreed Order, Crown
       will still face EPA's enforcement action and a $50
       million dollar damage lawsuit filed in state court by
       more than a hundred Pasadena residents.
       
            Crown's own records show that it had a major release
       of sulfur dioxide nearly every month in 1996 and 1997,
       totaling nearly 1,000 tons of excess sulfur dioxide in
       those two years. During the first three months of 1998,
       Crown's violations reached their highest rate in two
       years. Crown's violations now total over 15,000 hours. 
       
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Copies of the EPA and HCPCD letters to the TNRCC are available 
by fax upon request. Call (713)869-0774.