EPA action

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The EPA filed a consent decree to address the violations by Global, which called for Global to pay the U.S. Justice Department $40,000 in penalties and allot $150,000 to replace/retrofit their wood-burning appliances in the area (of which there are not many in the area). When the citizens of South Portland discovered the terms of the consent decree, there was an outpouring of anger and indignation at the fact that Global did not have to admit wrongdoing and did not have to address the harm being done now and over many years. Read the consent decree>>

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Sprague Oil Company also received a notice of violation from the EPA on May 29, 2020 for several years of violations. The Dept. of Justice filed a consent decree with Sprague for violations at their facilities in both South Portland and Searsport, Maine, as well as  Massachusetts, New Hampshire, Rhode Island. Read the complaint>>

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Protect South Portland’s role

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Protect South Portland has been actively working to inform the public and explore our legal rights to demand cleaner air. There have been neighborhood meetings to hear complaints and to receive citizen input on how to move forward. Members attend City Council meetings and workshops to demand immediate action to minimize these emissions.

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After much research on best practices for abating emissions, Protect South Portland in conjunction with other environmental groups filed our official comments on the consent decree to appeal the existing decree and seek a more appropriate settlement. The Justice Department rejected our appeal. PSP is advocating in the process as the Clean Air Advisory Committee and the city are reviewing Global's permit application with the DEP.

PSP is advocating for continuous emissions monitoring and control  to be included in the permit.

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Clean air advisory committee

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The South Portland City Council formed a Clean Air Advisory Committee (CAAC), charged with creating a strategy to improve the air quality in South Portland and the surrounding area. All meetings were posted and open to the public. CAAC’s final report was released on February 2023. Read more about CAAC here>> 

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DEP air quality findings

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After pressure from the people of South Portland, the Maine DEP agreed to conduct limited air quality testing using air collection canisters distributed to individuals in some parts of the city. View results on the DEP’s website>>

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RESOLVE LD 1915 

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In 2020 the legislature, according to Resolve LD 1915, directed the Maine Department of Environmental Protection to study the best methods to measure and control emissions on all tanks in Maine, including reviewing what other states and regulatory bodies require of tank operators. The department did not fulfill the mandate of the resolve. Instead they dismissed the need for more comprehensive monitoring and testing. The Maine DEP has focused more on odor than on the risk to public health and has recommended little more than the status quo.

 

Currently, no actual testing of emissions is required for operators to obtain licenses. In the report, the DEP depends solely on formulas developed by the American Petroleum Institute. These formulas have been deemed acceptable in the report despite that US EPA found that the oil companies using this method were grossly underestimating their emissions with no accountability.

 

PSP feels the lack of any requirement to monitor or control the toxic emissions from these tanks which are located within our neighborhoods and making residents sick is not acceptable and a social justice issue. PSP put together a coalition of 12 health advocacy and environmental organizations to work together to advocate with the ENR to pass a stronger bill.

 

It would be helpful to read PSP’s response to the DEP Report. The full Maine DEP report is below. If you do not want to read the entire 111-page report, we recommend that you start at page 94 and read the Section: Conclusions and Recommendations.

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Reference Documents

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In accordance with LD 1915, this report (1/1/21) contains the Maine DEP’s findings:

ME DEP Report PDF, 111 pages

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Protect South Portland's submission to the Environment and Natural Resources (ENR) Committee (a committee in the state legislature) regarding the Maine DEP Report:

PSP's Submission to ENR PDF, 3 pages

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Comments from people with expertise:

David Falatko's Comments 

Tom Mikulka's Comments

 

2021- 2022

 

LD163 was signed into law by Governor Mills on June 22, 2021.

 

After diligent advocating for many months by Anne Carney, PSP, and the Tank Coalition of Maine before the BEP, the ENR, and the State Legislature, LD 163 was signed by Governor Mills on June 22, 2021.

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Senator Anne Carney’s bill LD163 with amendments includes fence line monitoring around the perimeter of the above-ground oil tanks and testing twice a year on heated tanks while they are in service. This is a big step forward for South Portland, Portland, and the entire state. These tanks have never been monitored for actual emissions of toxic chemicals.

 

Instead, a formula established by the American Petroleum Institute has been used to calculate emissions from what gets put into the tanks. This formula, AP-42, has been acknowledged to be widely unreliable.

 

In South Portland alone, six tank farm facilities combined, are permitted to emit almost 600 tons of volatile organic compounds (which turn into ozone) and 104 tons of hazardous air pollutants per year into the air into densely populated neighborhoods with homes, schools, and daycares nearby. The chemicals in the emissions are known to cause cancer, respiratory illnesses (asthma), and neurological problems for fetuses and developing children.

 

We thank Senator Carney and Representatives Morales and Millett for their tireless work in helping PSP and the Tank Emissions Coalition to successfully pass this bill.

 

Of most importance, PSP hoped that LD163 with amendment and rulemaking would:

 

1. Require oil tank storage facilities to do actual testing of tank emissions twice a year on heated tanks.

2. Require fenceline monitoring on the perimeter of tank farm facilities to measure the hazardous air pollutant emissions that are going beyond the facility into the surrounding community.

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LD163

 

RULEMAKING

 

Once a bill is passed into law, Rulemaking determines the wording and substance of the rules to enforce that law. It is crucial that strict and comprehensive rules and regulations be carefully worded in order to get the most comprehensive data from the mandated testing and monitoring. Timing and careful procedures are also important to protecting our community’s health.

 

The rules, Chapters 170 and 171, for LD163 were drafted and reviewed by the Board of Environmental Protection, BEP. There was a hearing before the BEP, on February 3, 2022. When the rules pass the BEP, they will go to the Environment and Natural Resources Committee, ENR, for approval. The rules then needed to be approved by the House and Senate. Our goal is to ensure the installation of the strictest rules possible for the state of Maine’s oil storage tanks.

 

The more data we have in quarterly reporting the more we are able to protect our community. We want to assert that timing and best practice procedures are also very important.

 

These are additions we requested to be included in Chapters 107 and 171:

 

• Petroleum distillates and residual oils should to be added to the list of potential pollutants to be controlled when removing organic vapors for degassing.

• In addition to Benzene three other toxic hazardous air pollutants (HAP’s) should be monitored for a nominal additional cost. It is important that we know the amounts of toluene, ethylbenzene, and xylenes along with benzene which form the components of BTEX, all of which may be considered carcinogens.

• To determine the source of emissions, the wind direction as well as temperature and atmospheric pressures should be documented at the time of the testing.

• The proposed time frames for implementing fence line testing are excessive and should be shortened. The time frame allowed for implementing fenceline monitoring should be reduced from 18 months to 9 months.

• We need transparency. All data and analysis must be reported quarterly to the DEP, the affected municipalities, and the public.

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GREAT NEWS:

 

LD71, WHICH BECAME THE RULEMAKING ON LD163, PASSED IN MAY 2023.

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LD71 passed as an emergency measure. It passed 114 to 1 in the Maine House of Representatives and it passed in the Maine Senate 26 to 6! Both votes got over the 2/3 required for an emergency measure that requires more immediate implementation.

 

This means that fenceline monitoring around all tank farms in Maine and twice-a-year testing of all heated tanks will begin implementation by August 2024.  These requirements will be paid for by the oil companies.

 

We are very appreciative of all the work and commitment the City Council, city staff and the CAAC have brought to the issue of the tank emissions and very grateful to the overwhelming support of State Legislators. This has been a challenging and important issue calling for concerted and continuous efforts.

 

South Portland and the State of Maine have moved the needle towards increased accountability and transparency on the part of the oil industry for their impacts on the communities surrounding their industrial infrastructure.

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LD71/2023

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PSP WILL KEEP WORKING FOR MORE INFORMATION

 

We still don't have DEP monitors closer to the tank farms which has been asked for over the course of the CAAC's existence. The CAAC also had been asking for direct vent testing during delivery. We also continue to need  information about the schedule of petroleum deliveries, which is connected to the bursts when the tanks are being filled from the ships. The bursts are recurrent intermittent high level emissions that last 12-24 hours. We  know that  in 2017 there were 200 of these deliveries. The focus of monitoring these past years has been on average annual emissions in areas that are not close to the tanks. This does not answer the central question that needs to be answered.

What is the  exposure to high levels of toxic emissions in the bursts for the thousands of South Portland residents who live in the neighborhoods surrounding the tank farms? We still need to know.

 

For the most recent information see Home Page

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MEDIA COVERAGE

 

 

http://portlandphoenix.me/battle-over-south-portland-tank- emissions-moves-to-augusta/

 

https://www.pressherald.com/2021/05/24/bill-inspired-by- south-portland-fuel-tank-emissions-earns-committee- endorsement/

 

https://www.pressherald.com/?p=6048273

APRIL 23 - We held a successful rally to inform and activate the public about the toxic fumes being emitted into our air near schools

 

https://www.bostonglobe.com/2021/06/16/magazine/is-there- something-wrong-with-air-south-portland-maine/

 

Fumes in South Portland Sabrina Shankman via Inside Climate News Series, 2019-2020

 

https://insideclimatenews.org/news/18042021/toxic- neighbords-tank-fumes-epa-harmful-chemicals

 

State admits it was wrong to resist federal crackdown on oil tank pollution Kelly Bouchard via Portland Press Herald, July 2019

 

https://www.pressherald.com/?p=6094521 https://www.pressherald.com/?p=6112359

Toxic Fumes in the West End Espahbad Dodd via The West End News, November 2020

 

‘Is our air safe to breathe?’ Robert Lewis-Nash via Portland Phoenix, December 2020

 

SoPo residents seek tighter regulations, accountability for oil tank emissions Emily Weyrauch via Maine Beacon, January 2021

 

Philip Hirschkorn, political reporter, WMTW, Channel 8:

 

January 5, 2021: ME DEP issues report on South Portland oil storage tanks

 

January 13, 2021: So Po residents press ME environmental regulators on oil storage tank emissions testing remediation

 

January 14, 2021: South Portland/Portland respond to air quality concerns surrounding oil storage tanks https:// insideclimatenews.org/news/18042021/toxic- neighbords- tank-fumes-epa-harmful-chemicals/

 

http://portlandphoenix.me/battle-over-south-portland-tank- emissions-moves-to-augusta/

 

https://www.pressherald.com/2021/05/24/bill-inspired-by- south-portland-fuel-tank-emissions-earns-committee- endorsement/

 

https://www.pressherald.com/?p=6048273

 

APRIL 23 - We held a successful rally to inform and activate the public about the toxic fumes being emitted into our air near schools. If you were unable to be there you can watch a video of the event.

https://youtu.be/N-hm8dt29FE