Art by Rebekah Hinojosa, Sierra Club's Gulf Coast Dirty Fuels Representative
In the aftermath of Hurricane Laura, a bevy of lawyers, citizens and organizations joined a virtual meeting with State Office of Administrative Hearing (SOAH) Judge Christian Siano proceed over a Preliminary Hearing to determine which “parties” would be granted status to participate in a future administrative hearing over the proposed permit amendment of Valero Refinery in Houston. The Valero plant is located within the community of Manchester just across the Buffalo Bayou from Galena Park and near the community of Pasadena. Galena Park, Pasadena and Manchester, Harrisburg are largely low-income Latinx communities that've been a part of the struggle for years to hold Valero and other petro-chemical plants accountable for their pollution.
To some, public hearings may seem trivial or mundane. But they are incredibly important for local people to speak up for themselves and their communities against apathetic or dangerous politicians and agencies, the fossil fuel industry, and other actors that perpetuate, participate in, or are complicit in severe instances of environmental racism. That’s why it’s particularly significant that meetings are held in Spanish in addition to English, especially in Spanish speaking communities like Galena Park, Pasadena, and Manchester.
Valero Refining in Manchester is seeking an amendment to their air quality permit that would allow them to continue to emit high levels of the toxic hydrogen cyanide (HCN), a neuro-toxin, in the middle of east Houston. Harris County, Texas Environmental Justice Advocacy Service (TEJAS), Caring for Pasadena Communities and several individuals that live in the area sought party status (the Lone Star Chapter did not). A Spanish interpreter was also present to provide interpretation to several community members.
At issue in the proposed permit are both the levels of hydrogen cyanide that would be permitted and how those levels of pollution would be measured through monitoring. Those issues will be taken up once the hearing on the merits begins later this year.
Judge issues second preliminary hearing
While the judge has yet to issue a final order on party status, TEJAS, Harris County and Caring for Pasadena Communities, as well as two individuals -- Maria Cruz Nieto and Maria Josefina Luciaga --were preliminary admitted into the case. After listening to many requests from many parties, he also announced that given the hearing was conducted in the midst of ongoing evacuations, and some technical issues with phones and internet, he would order a second preliminary hearing to give other parties an opportunity to participate in the future with a 30-day notice in English and Spanish. The date for the second preliminary hearing is tentatively scheduled for October 7th.
Several speakers noted that any notice for a second hearing must also be in Spanish, given that many members in Galena Park and Manchester are mainly Spanish speakers. The Judge agreed and said the notice must be in English and Spanish.
Representing the company was lawyer was Brian Lynch, from the law firm of Baker Botts, who submitted direct documents related to the proposed permit amendment. Lawyers from TCEQ executive director and the TCEQ’s Office of Public Interest Counsel (OPIC) were also present.
TEJAS founder Juan Parras and Ana Parras, as well as Yvette Arellano asked for a delay in the hearing since many members of the group were not present due to evacuations for the hurricane. However, the Judge stated that since they were seeking party status as a group, he would allow TEJAS to enter the case now, and determine party status for individuals at a later second preliminary hearing, which was later set for October 7th.
Valero objected to admitting TEJAS since they did not identify individual members within the community that live close to the community, although Juan Parras stated that over 10 years they have been working closely in Manchester, with the office approximately two miles from the facility. Juan Parras stated in addition they have members as well that live within Manchester.
While Valero would not allow individuals from TEJAS, the judge agreed to conditionally allow TEJAS into the hearing, subject to providing evidence they had members living within the Manchester community.
Harris County was also granted party status, as were several individuals and Caring for Pasadena Communities, which are being represented by lawyers from Lone Star Legal Aid, a non-profit legal organization.
Lilly Cortez, a Houston resident who currently lives about two miles away from the Valero Refinery, also sought party status, which was objected to by the representatives of Valero. Neither TCEQ nor OPIC objected to her being admitted, but the judge said he would determine her status later. She noted that while she lived a few miles away she traveled to visit her father who lives directly across from the plant.
Yvette Arellano also sought party status, but Valero objected to admitting her as an individual since she works for TEJAS and TEJAS was already admitted as a party.
Yudith Nieto, a former resident of Manchester, member of the community and the daughter of Maria Nieto Cruz, who is being represented by Lone Star Legal Aid, also sought party status, but was told that the judge would rule later on her status, presumably on October 7th.
What’s the deal with Hydrogen Cyanide?
HCN is a colorless, extremely poisonous and flammable liquid that boils slightly above room temperature, at 25.6 °C (78.1 °F). HCN is produced on an industrial scale and is used as a precursor to many chemical compounds ranging from polymers to pharmaceuticals to pesticides. In the case of Valero, it is a byproduct of the refining process that was ignored for many years. Once Valero “discovered” the tons of hydrogen cyanide that were released, they sought an amendment to their permit beginning in 2018. Under the current application, they could be allowed to emit several hundred tons of the neurotoxin on an annual basis and they would not be required to monitor directly for the toxic killer, but only be required to monitor through a substitute, monitoring carbon monoxide instead. Valero’s argument is that by determining the level of carbon monoxide they can determine the approximate levels of hydrogen cyanide that they are emitting (but why would they not just monitor HCN for precise levels?).
Hydrogen Cyanide has roots in white supremacy. In World War I, hydrogen cyanide was used as a chemical weapon. More to the point, the most significant practical application of hydrogen cyanide was its use of hydrogen cyanide (Zyklon B) in gas chambers by Nazi Germany to commit the mass murder of Jews and others in the course of the Holocaust. This resulted in the largest death toll as a result of the use of chemical agents to date.
HCN was originally used to fumigate Mexican Farmworkers and migrants crossing the border. Men, women and children were forced to strip naked and were sprayed head to toe in a dehumanizing practice imposed by racist stereotypes impacting thousands of workers lives. In the 1950s, HCN was used to administer the death penalty.
Today, HCN is a major pollutant that is suffocating low income communities of color in the U.S. Valero’s presence in Manchester, and every other petro-chemical plant located along the coast, is a sickening and clear example of environmental racism that has persisted for years at the expense of Black and Brown lives.
Why didn’t Sierra Club seek party status?
While Sierra Club has several members living in Galena Park and nearby Pasadena that are impacted by the current and potential air pollution which are approximately one mile from the facility, given the decision of Harris County, TEJAS and Caring for Pasadena Communities to become involved, we felt the issues we would have brought up were well represented by those groups and their lawyers. We stand with our local partners and will continue to support those directly impacted by the oil and gas industry.
However, Sierra Club will be following the case, and is separately involved in the effort by Valero to update their federal Title V permit, which covers not only the current permit amendment but also other related air permits.
As we continue to work with our partners like TEJAS, Caring for Pasadena Communities, and Harris County, we will oppose a permit amendment that would put the communities at risk for high levels of toxic pollution and would not include direct monitoring of those toxic chemicals to make sure that the company doesn’t bust through their limits. With the area subject to frequent hurricanes, allowing high levels of toxic emissions and no direct monitoring is a recipe for disaster.