Houston, Texas - Texans United issued the following
news release:
Citizen groups will appeal the Texas Natural
Resource Conservation Commission's (TNRCC) enforcement
order with Pasadena's Crown Central Petroleum
Corporation, which included a record $1,055,425 fine for
air pollution violations. The citizen groups claim that
the order fails to prevent or discourage violations.
"Crown's fine should have been at least $8.1
million, based on TNRCC's own penalty calculation
method," said citizens' attorney Mark Wenzler, with Trial
Lawyers for Public Justice. "TNRCC only assessed a fine
for slightly more than a quarter of the violations, and
also failed to assess the `economic benefit' -- estimated
at $14 million -- that Crown gained through years of
violations."
"TNRCC's enforcement order makes breaking the law
good business," said Texans United Director Rick Abraham.
"It also fails to protect the families who must breathe
Crown's continuing pollution."
The controversial enforcement order, which Crown
eagerly embraced, fails to require Crown to take any
action to stop its ongoing illegal pollution. Although
TNRCC chairman Barry McBee issued a number of stern
warnings to Crown -- including the threat of additional
fines if it is determined that Crown should have
installed needed equipment -- he refused to include them
in the order, which makes it difficult to be enforced.
Crown was one of ten companies to join Governor
Bush's much touted "voluntary" program to reduce
pollution in 1997. "It is obvious that Crown has been
given leniency by Bush's TNRCC appointees for making the
governor look good," Abraham said. "Apparently, it
doesn't matter that the company continued to break the
law and hurt people."
The U.S. Environmental Protection Agency and the
Harris County Pollution Control Department have also
opposed TNRCC's Agreed Order. The EPA referred its own
enforcement case against Crown to the U.S. Department of
Justice and asked the TNRCC to pursue a joint legal
action. TNRCC refused EPA's request and only took
"administrative" action, which EPA described as
"inappropriate."
TNRCC's enforcement order fails to require Crown to
install a back-up Sulfur Recovery Unit (SRU) even though
it is recognized as the "best available pollution control
technology" and was requested by the Harris County
Pollution Control Department. The County told TNRCC that
the SRU was "essential" to minimize the pollution impact
on nearby homes, schools and businesses. Refinery
engineers hired by the citizens also concluded that
another SRU is needed at Crown. Even TNRCC's own engineer
previously recommended a new SRU at the refinery.
Instead of requiring that Crown make the significant
but necessary expenditures to ensure compliance with the
law, TNRCC's enforcement order only requires Crown to
hire its own consultant to study the cause of its
continuing violations and make recommendations for future
actions.
Although the TNRCC initiated a previous enforcement
action in 1993, Crown's violations have continued
unabated since that time. The company's violations have
resulted in more than 1,000 tons of excess sulfur dioxide
emissions in 1996 and 1997 alone. Crown's violations of
Clean Air Act standards in the first three months of 1998
were the highest in almost two years.
Texans United Education Fund
P.O. Box 7864
Houston, TX 77279
713-869-0774