According to The Houston Chronicle, a local attorney has alleged that a recent leak of hydrocarbons from the refinery’s Pipestill 3A unit poses an “extreme hazard” to people inside and outside the plant. Citing clients at the refinery, the lawyer asserted that the leak grew during the week and is now apparent to the naked eye, not just to monitoring equipment. The attorney is threatening to petition the court today if BP doesn’t shut down the unit.

BP has not explicitly denied the charge, the Chronicle said, but has suggested that whatever is happening at the refinery is not the attorney’s business. A BP spokesperson said the company has advised regulatory agencies about the status of the equipment involved in the allegations.

The U.S. Occupational Safety and Health Administration (OSHA) said it is looking into the situation.

Meanwhile, two workers suffered serious steam burns last week when working on the refinery’s Pipestill 3B unit. The Galveston County Daily Sun reported on its website that one worker was flown to UTMB Hospital’s Burn Unit in Galveston, with burns of over 30 percent. The other worker was driven by ambulance to Mainland Medical Center in Texas City.

No further details on what happened to cause the workers’ injuries have been released, but BP said it is investigating the incident. No evacuations were ordered because of the accident. The day after the incident, the facility was put on a safety standdown. Safety standdowns are extensive safety reviews that follow serious injury incidents at the refinery.

The BP Texas City Refinery has had a long history of safety problems, some of which have resulted in serious injuries and deaths among workers at the plant. Earlier this summer it was learned that a release of chemicals from the plant allowed 17,000 lbs of benzene – a known carcinogen – to leak into the air over a 40-day period between April and May. The incident began on April 6, when BP said a fire compromised a seal on an ultracracker’s hydrogen compressor. The malfunction forced the company to flare off gases. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP reported the incident to the Texas Commission on Environmental Quality the day after it happened. But information about the release wasn’t made public until BP submitted a final incident report to regulators June 4. Since the incident, people in the area have reportedly complained of allergic reactions, sinus infections, headaches, nosebleeds and other symptoms consistent with benzene exposure.

The facility was also the site of the worst US refinery accident in the past five years when 15 workers were killed and 180 others injured in an explosion. In 2010, BP paid a $50.6 million fine to the U.S. Occupational Safety and Health Administration to settle worker safety violations stemming from the March 23, 2005 blast.

According to an OSHA statement, the fine stems from a 2009 follow-up investigation that found the refinery had failed to make all the safety upgrades required under an agreement struck in the wake of the 2005 disaster. In addition to paying the record fine, BP has agreed to take immediate steps to protect those now working at the refinery, allocating a minimum of $500 million to that effort, OSHA said.

According to a report from the Associated Press, OSHA has blamed the explosion in Texas City on a piece of equipment that overfilled with highly flammable liquid hydrocarbons. Alarms and gauges that were supposed to warn of the overfill did not work properly.

“This agreement achieves our goal of protecting workers at the refinery and ensuring that critical safety upgrades are made as quickly as possible,” said Secretary of Labor Hilda L. Solis. “The size of the penalty rightly reflects BP’s disregard for workplace safety and shows that we will enforce the law so workers can return home safe at the end of their day.”

According to the Houston Chronicle, the agreement does not settle all claims stemming from the 2005 explosion. BP is still disputing more than $30 million in fines for 439 other safety violations that were part of OSHA’s complaint last fall.

The refinery is also being sued by the Texas Attorney General’s Office for 500,000 pounds of noxious emissions that were released from the facility over a 40-day period earlier this year, the Chronicle said. That same incident has resulted in the filing of a $10 million class action lawsuit alleging that the chemical release, which included 17,000 pounds of benzene, jeopardized the health and property values of people who live and work in the area.

The latest problem began on April 6, when BP said a fire compromised a seal on an ultracracker’s hydrogen compressor. The malfunction forced the company to flare off gases. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP reported the incident to the Texas Commission on Environmental Quality the day after it happened. But information about the release wasn’t made public until BP submitted a final incident report to regulators June 4.

The Texas Commission on Environmental Quality cited BP for an “excessive release” and referred its findings to the state attorney general.

The $10 billion class action lawsuit alleges the release of 500,000 pounds of chemicals – including 17,000 pounds of benzene – has jeopardized the health and property values of people who live and work in the area, the Chronicle said. This week, more than 3,400 people lined up at one information center to sign on to the lawsuit. Hundreds have turned out at similar town hall meetings.

Dozens of people the Chronicle interviewed complained of allergic reactions, sinus infections, headaches, nosebleeds and other symptoms consistent with benzene exposure.

According to the Chronicle report, the trouble started April 6, when BP said a fire compromised a seal on an ultracracker’s hydrogen compressor. The malfunction forced the company to flare off gases. It reported the “emissions event” to the Texas Commission on Environmental Quality the following day. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP said it operated the ultracracker at minimal capacity, but critics say it should have been shut off entirely. Information about the release wasn’t made public until BP submitted a final incident report to regulators June 4, the Chronicle said. Even then, outside of Texas City, the benzene incident was overshadowed by the massive BP oil spill in the Gulf of Mexico.

The Texas Commission on Environmental Quality cited BP for an “excessive release” and, two weeks ago, referred its findings to the state attorney general for possible litigation, the Chronicle said.

BP has had problems, to say the least, at the Texas City refinery in the past. Last year, the company was fined $87 million by the Occupational Safety and Health Administration (OSHA) for failing to correct safety violations there. In March 2005, an explosion and fire at Texas City killed 15 workers.

The fine was the largest in OSHA’s history. OSHA said BP hadn’t made safety improvements promised in a settlement reached with safety inspectors in September 2005. According to The Wall Street Journal report published at the time, an OSHA official said last year that BP still had a “serious systemic safety problem,” both at Texas City and across the company. The company denies OSHA’s claims, and a hearing is scheduled for later this month.

According to the Houston Chronicle, BP is still on federal probation for a felony environmental conviction related to the 2005 explosion, which also caused a massive release of benzene and other toxins.

The Chalmette Refining release blanketed parts of Chalmette, Arabi and New Orleans’ Lower Ninth Ward, including cars and homes, in a fine white powder. Refinery officials, as well as health officials in Louisiana, said repeatedly that the substance was spent catalyst powder, a byproduct of the refining process.

But now we know, thanks to a report Chalmette Refining submitted to the Louisiana Department of Environmental Quality (DEQ), the incident also released 2,000 pounds of the sulfur dioxide, 1,000 pounds of nitrogen oxide and an unspecified amount of hydrogen sulfide into the air. That information has been confirmed by the DEQ, but the agency maintains that the amounts released fell below levels of concern specified by the US Environmental Protection Agency (EPA).

The days following the release, officials also issued reassurances that the powder was not toxic and could be safely washed from surfaces. This in spite of the fact that the Material Safety Data Sheet for the catalyst powder says it can be an irritant to the eyes and skin if inhaled or ingested. The data sheet cautions people to wear rubber gloves when handling the powder, and to decontaminate clothes and shoes, or even dispose of them all together.

Dr. Diaz told WWLTV that in addition to chemicals found in Chinese drywall, the Chalmette Refining accident also released chemicals found in car exhaust and volcanic ash. He recommended that people with certain pre-existing conditions should see a doctor if they are still having symptoms from the day of the chemical leak.

“I certainly think that if anyone has a pre-existing cardiopulmonary problem, and I’m talking about asthma, COPD or chronic obstructive pulmonary disease, or even a cardiac condition such as congestive heart failure, that can result in a pulmonary condition called pulmonary edema, these individuals should not be part of the clean up,” Dr. Diaz said.

The Chalmette Refining release blanketed parts of Chalmette, Arabi and New Orleans’ Lower Ninth Ward, including cars and homes, in a fine white powder. Refinery officials, as well as health officials in Louisiana, said repeatedly that the substance was spent catalyst powder, a byproduct of the refining process.

They also issued reassurances that the powder was not toxic and could be safely washed from surfaces. This in spite of the fact that the Material Safety Data Sheet for the catalyst powder says it can be an irritant to the eyes and skin if inhaled or ingested. The data sheet cautions people to wear rubber gloves when handling the powder, and to decontaminate clothes and shoes, or even dispose of them all together.

But now we know, thanks to a report Chalmette Refining submitted to the Louisiana Department of Environmental Quality (DEQ), the incident also released 2,000 pounds of the sulfur dioxide, 1,000 pounds of nitrogen oxide and an unspecified amount of hydrogen sulfide into the air.

That information has been confirmed by the DEQ, but the agency maintains that the amounts released fell below levels of concern specified by the US Environmental Protection Agency (EPA).

According to the Louisiana Bucket Brigade, the federal Agency for Toxic Substances and Disease Registry says sulfur dioxide may cause breathing difficulty and a burning of the nose and throat in children as well as adults. Specifically for children, the ATSDR says, “Long-term studies surveying large numbers of children indicate that children who have breathed sulfur dioxide pollution may develop more breathing problems as they get older, may make more emergency room visits for treatment of wheezing fits, and may get more respiratory illnesses than other children.”

For hydrogen sulfide, the ATSDR says: “Exposure to low concentrations of hydrogen sulfide may cause irritation to the eyes, nose or throat. It may also cause difficulty in breathing for some asthmatics.” Finally, the same agency says: “Low levels of nitrogen oxides in the air can irritate your eyes, nose, throat, and lungs, possibly causing you to cough and experience shortness of breath, tiredness, and nausea. Exposure to low levels can also result in fluid build-up in the lungs 1 or 2 days after exposure.”

The Louisiana Bucket Brigade is again accusing officials from Chalmette Refining, as well as the state and parish, of downplaying the Labor Day release.

“The only substance people were told about is what was raining down on their property – the catalyst the refinery couldn’t hide,” said Anne Rolfes, founding director of the Louisiana Bucket Brigade. “Chalmette Refining failed to be open and honest with its neighbors about a host of other chemicals that were released.”

“People in St. Bernard have repeated chemical exposure and the parish and the refinery routinely overlook this fact in their emergency response,” Rolfes continued.

In a statement, the group also alleged that residents in neighborhoods impacted by the Chalmette Refining release were being coerced into accepting small initial compensation to prevent eventual lawsuits. Additionally, some residents of the Lower 9th who called the Chalmette Refining claims hotline were told they lived too far from the incident, even though officials previously confirmed the powdery pollution reached that far.

Reserve attorney Daniel Becnel Jr. petitioned for a class-action lawsuit against Chalmette Refining LLC in federal court Wednesday, following the release of a powdery white substance from the refinery early Monday.

Nearly 2,000 pounds of spent catalyst, a by-product of the oil refining process, fell on cars and houses across St. Bernard Parish after a power failure at the refinery at about 2 a.m. Monday.

At least 2,000 lbs of the powder, a byproduct of refining operations, was released on Monday as a result of a power outage that occurred around 2:00 a.m. local time. Officials from both the refinery and St. Bernard’s Parish have maintained that the powder is not hazardous, and said it was safe for residents to wash it off cars and buildings.

However, one local TV station reported that the Material Safety Data Sheet for the catalyst powder says it can be an irritant to the eyes and skin if inhaled or ingested. The data sheet cautions people to wear rubber gloves when handling the powder, and to decontaminate clothes and shoes, or even dispose of them all together.

According to that document, the largest component of the spent catalyst is kaolin, a naturally occurring clay-like substance. There are small amounts of more hazardous ingredients, including titanium oxide.

Ann Rolfes, Founding Director of the Louisiana Bucket Brigade, is also pointing to the Material Safety Data Sheet to back its claims that the powder is hazardous.

“You had advice given to them to hose off your car. Well what happens when you hose off, well, your kids come and play in the water and you all track it all through your house,” Rolfes told Fox8TV.

She added that US Environmental Protection Agency considers “Spent Catalyst” dust the type of pollution that could lead to a variety of health risks like difficulty breathing and aggravated asthma if one breathes in the fine particles.

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Our Chalmette Refining powder release lawyers believe it is likely that the substance involved in this incident is harmful to both people and property. Our firm is taking action right now to ensure that victims of this incident receive compensation for medical monitoring, medical bills, lost wages, and property damage. While it could be months or even longer before the full health consequences of the Chalmette Refining powder release are known, it is vital that people impacted by this incident take action to protect their legal rights NOW.

Impacts of the Chalmette Refining Powder Release

Already, some residents of Chalmette, Arabi and the Lower Ninth Ward are reporting respiratory problems and eye irritation in the wake of the Chalmette Refining powder release. The powder is being tracked into homes, and has gotten into air conditioning units. Some residents who tried to wash their cars said that the substance won’t come off, even after repeated washings.

The catalyst powder is a byproduct of the refining process. Shortly after the incident, Chalmette Refining officials maintained that the catalyst powder blanketing the surrounding communities wasn’t hazardous. Residents were reassured that they could safely wash the substance from cars, buildings and other surfaces. Many began doing exactly that.

But in contrast to the reassurances from Chalmette Refining, one local TV station reported that the material data sheet for the catalyst powder says it can be an irritant to the eyes and skin if inhaled or ingested. The data sheet cautions people to wear rubber gloves when handling the powder, and to decontaminate clothes and shoes, or even dispose of them all together.

Past Incidents

According to a report on Fox8Live.com, people who live near Chalmette Refining say this isn’t the first time they’ve walked outside to find their homes and cars covered in this powdery substance.

“It happens often, and to tell you the truth, if ain’t black, it’s brown. Every time, it’s a different color,” said lifelong Chalmette resident Every Deroche. Deroche said the problems have gotten worse over the past few years.

In January 2007, 400 to 500 fourth- and fifth-graders were exposed to a release of petroleum coke dust while on a field trip to the Chalmette Battlefield. The students from Alice Harte Charter Elementary School in Algiers were at the battlefield to watch a re-enactment of the Battle of New Orleans. Around the same time, the petroleum dust was released from Chalmette Refining. Two children were hospitalized during the incident.

A 2006 study by the Louisiana Department of Environmental Quality revealed that the refinery averaged approximately six accidents a month for the 13 month period from August 2005 to August 2006. In the 13 month period reviewed by the study, the refinery had 78 accidents. The chemicals released include benzene, which causes cancer, and sulfur dioxide, which triggers asthma attacks.

In a case first filed in February of 2004, Chalmette Refining was found guilty of 2,665 violations of the Clean Air Act. After the lawsuit was filed, the federal and state governments negotiated with Exxon Mobile, which owns Chalmette Refining jointly with Venezuela’s state oil company, PDVSA, to reduce these violations, creating consent decrees with schedules and dates for clean up.

Legal Helps for Victims of the Chalmette Refining Powder Release

Our Chalmette Refining powder release lawyers are currently investigating this incident. If your property was damaged as a result of the catalyst powder release, or you or a loved one are suffering from health problems you believe could be the result of the Chalmette Refining catalyst powder release, we want to hear from you today. We urge you to fill out our online form, or call 1 800 LAW INFO (1-800-529-4636) to discuss your case with one of our Chalmette Refining powder release lawyers as soon as possible.