UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION I
J.F. KENNEDY FEDERAL BUILDING, BOSTON, MASSACHUSETTS 02203
February 7,
ent /on Refineries and Deepvater Ports in New England
-
cGleimon , Region I (New England) Administrator
U US Environmental Protection Agency
Last December I appointed1 a Task Force vhich was directed to
draft a report outlining Regional policy and advice on the
subject of the location, construction, and operation of
refinery - deepwater port complexes in New England.
Attached is a copy of the policy statement prepared by this
Task Force. This statement is designed to promote the
orderly development of petroleum related facilities in
New England.
The statement is not intended to impede the development of
these facilities. But. it does recognize the importance
of taking into consideration the long range land-use impact
and the effect that such facilities could have on our
environment.
We welcome your comments on our statement. They should be
sent directly to Wally Stickney, Director of our Environmental
Impact Office and Chairman of the Task Force.
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EPA REGION I POLICY STATEMENT ON
REFINERIES AND DEEPWATER PORTS
IN NEW ENGLAND
PURPOSE
EPA has broad responsibilities regarding the protection
of public health and the enhancement of our environment.
Additionally, the Congress, through passage of the National
Environmental Policy Act of 1969, declared "a national
policy which will encourage productive and enjoyable harmony
between man and his environment; to promote efforts which
will prevent or .eliminate damage to the environment and
biosphere and stimulate the health and welfare of man to
enrich the understanding of the ecological systems and
natural resources important to the Nation". In accordance
with this policy, the National Environmental Policy Act
instructs all agencies of the Federal government to,
"initiate and utilize ecological information in the planning
and development of resource-oriented projects".
At this time the location, design, construction and
operation of refinery systems is one of the most significant
environmental issues facing New England. Although the
energy crisis is national in scope, in many respects the
issues facing New England are unique to our region. We have
more difficulty obtaining adequate fuel supplies at
reasonable cost than any other section of the country. For
the first time in our history, pressures are building to
develop a major refinery capability in several locations
throughout the region. New England has a unique
environmental heritage which is also one of our most
important economic assets.
EPA, Region I, recognizes its responsibility to provide
environmental advice as early as possible in the formulation
of projects. The purpose of this statement, therefore, is
to establish EPA, Region I, policy and advice on the subject
of the location, construction, and operation of refinery-
deepwater port complexes in New England.
THE ISSUE
a. All New Englanders have become painfully aware that
there are limits to the quantity of energy available and
that we must adopt a conservation ethic for energy use.
Without question, the protection of New England's unique
environmental assets requires that energy conservation
become a way of life. However, it is apparent that in spite
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of an aggressive program to reduce energy demand, a greater
assurance of supply is needed. Several proposals have been
advanced to provide this assurance through refinery
construction. Additionally, the changing world market and
supply situation is creating substantial economic pressures
to establish refinery capacity in New England. This is a
time of decision. If carefully considered and thoughtful
actions are taken at this time, we can preserve our unique
environmental assets, protect the public health, and still
establish this capacity. On the other hand, hasty and ill-
advised actions may result in irreversible damage to our
environment.
b. Because of our limited land area and the great
magnitude of deepwater port-refinery product distribution-
petrochemical complex systems, the environmental effects may
not be confined to a single state. Several Federal agencies
including EPA, the Corps of Engineers, the Department of the
Interior and the Department of Transportation, as well as
state, Regional, and local governments, will have review and
approval responsibilities. However, in many instances, this
review is fragmented. All citizens of New England have a
vested interest in the decisions involving these systems,
and they have the right to participate and be heard as the
decisions are made.
c. At this time, our petroleum supplies arrive as
refined products transported in relatively small tankers and
barges. These vessels unload at ports located in or near
metropolitan areas. Further distribution is mainly handled
by trucks although some limited pipeline systems are in use.
Proposals have been advanced to establish deepwater ports
offshore which would receive crude oil from supertankers and
feed onshore refineries via pipelines. There are
environmental advantages to these deepwater port systems;
however, if refined products are pumped back offshore,
loaded into small tankers and barges, and distributed much
the same as they are now, there is no overall environmental
benefit to be derived from the system.
d. Refinery systems may have significant water supply
and pollution impacts. EPA has published standards of
performance for refineries which limit discharges to levels
which reflect the greatest degree of effluent reduction
determined by the Administrator, to be achievable through
the application of the best available demonstrated control
technology, processes, or other alternatives. The effects
of these discharges on our water resources at any particular
location, however, must be carefully evaluated. Water
supply needs of a refinery may require a significant
commitment of a region's water resources at the expense of
all other uses.
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e. Historically, refineries have been associated with
air pollution problems. Ambient air quality standards have
been set for particulate matter, sulfur oxides, carbon
monoxide, nitrogen oxides, photochemical oxidants and
hydrocarbons. The hydrocarbons standard is for use as a
guide in devising implementation plans to achieve oxidant
standards. Hydrocarbons are important in that they may
combine with oxidants and sunlight in a photochemical
reaction process to produce photochemical oxidants. The
technological tools do not exist at the present time to
assess the level of photochemical oxidants caused by a major
new point source of hydrocarbons such as a refinery. EPA,
the state, and the developers must formulate and implement
the necessary methodology to provide assurance that the
hydrocarbon emissons from any project will not result in a
violation of the photochemical oxidant standard.
f. Proper solid waste disposal is already a problem in
many areas in New England. Removal of pollutants from the
air and water discharges from refinery systems will result
in additional solid or semi-solid waste products, some of
which may be classified as hazardous. Oil spill cleanup
operations can also generate large quantities of solid
wastes. Some areas have already found difficulty in
disposing of solid wastes generated from oil spill cleanup
operations.
g. Extensive land use impacts are associated with
refinery systems. Refineries require large land areas and
buffer zones to control noise and odors, to dispose of solid
wastes and debris and to provide for aesthetics. Expanded
transportation systems and attracted petrochemical
industries will contribute to extensive land use impacts
during both construction and operation. The environmental
effects of these and other associated secondary developments
must be evaluated.
POLICY
a. Refineries, offshore ports, crude supply and
refined product distribution networks and secondary
industrial development are interrelated. In addition to the
individual impacts, the synergistic effects of these systems
must be evaluated. All portions of these systems must be
sited carefully, balancing short-term benefits against long-
term consequences. All logical alternatives must be
investigated, including the no-build alternative.
b. EPA will coordinate closely with other involved
agencies to ensure a coordinated review focused on the
issues and accomplished without bureaucratic delay. We will
supply technical assistance and advice to the extent our
resources allow. Because of the New England-wide nature of
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the problem, we will support regional solutions wherever
possible.
c. EPA will make public hearings on our review
mandatory. We also expect that local hearings will be held
so that there is a complete and thorough examination of the
proposal. In addition to formal hearings, our review and
decision-making processes will be completely open with every
possible opportunity for public participation. We expect
refinery developers and their engineering and environmental
consultants to be completely open in their study and design
processes to provide every possible opportunity for public
participation.
d. EPA will require that accurate assessments of
environmental risks (including potential accidents) is
undertaken, and that realistic decisions are made based on
these assessments. This approach is also required by the
National Environmental Policy Act. The resulting
environmental impact statement provides the best vehicle we
have to bring all the expertise of our Federal, state.
Regional, and local governments, as well as the public to
bear on the problem.
e. EPA will not permit the construction of a refinery
that violates Federal air and water quality standards. We
will use our permitting and enforcement authorities to
ensure that these standards are maintained. Therefore,
refineries or other large stationary sources cannot be
developed in areas where the standards for emitted
pollutants are being violated or would be violated after
construction. , Furthermore, it is our opinion that
refineries should not be situated in areas with unique and
critical environmental assets such as along our valuable and
limited coastlines or in wetlands.
f. EPA will require particularly extensive studies of
potential hydrocarbon and oxidant problems, their solutions,
and their potential effects on urban and urbanizing areas.
g. Port facilities should be located some distance
from the coast -- between 10 and 25 miles — and in areas
assuring freedom from navigational hazards, protection of
unique environmental values, and having the capability to
absorb or contain oil spills. We favor a monobuoy type
system where tankers could unload crude oil offshore and
have it piped underground to refineries onshore. Spill
control systems, provisions" for disposing of oil
contaminated wastes resulting from spills, and the most
advanced navigation systems must be included.
h. Crude supply and product distribution systems
should, insofar as possible, utilize pipelines placed on
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existing rights-of-way in order to minimize environmental
impacts.
i. Assertions of environmental compatability of
proposals must be substantiated by hard scientific fact and
substantial data before construction begins. Baseline
studies will be necessary. These studies must be
comprehensive and conducted over a sufficient period of time
to clearly establish ambient conditions. Control techniques
and technology must be clearly detailed and sufficient
backup equipment provided to preserve environmental control
at all times.
j. The refinery process should be designed to control
accidental environmental discharges at the earliest instant
in order to assure compliance with standards. In all cases,
the probability of process problems, equipment malfunction
and accidents must be predetermined along with the potential
environmental damage that could occur during these periods.
k. All reviews and advice will be premised on the
knowledge that over the long-term, the most significant
impacts may be on land use. The irreversible commitment to
changes in land use patterns which the approval of a
refinery system or a portion of the system represents must
be clearly addressed. The limits of the carrying capacity
of our resources to sustain continuous demands of
population, industry and a healthy and inspiring outdoor
environment must also be clearly recognized and accepted.
Our long-term policy and goal shall be high quality
livability including the social and economic improvement of
our citizens. Refinery development should be accomplished
in consonance with this policy.
IMPLEMENTATION
a. We will apply this policy to the extent of our
authorities in administering permitting and regulatory
programs, in providing technical assistance and advice, and
all reviews required by the National Environmental Policy
Act.
b. We will actively seek to develop agreements and
common procedures with other involved Federal agencies to
ensure a coordinated Federal response to proposals with a
minimum of procedural delays.
c. We will continue our intensive study of this
matter. We solicit the views of all interested parties
relative to this policy and will carefully evaluate and
consider all comments and advice received.
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