[StBernard] Chalmette Refining powder release prompts lawsuit

[Westley Annis]

Chalmette Refining powder release prompts lawsuit 
Published: Wednesday, September 08, 2010, 6:11 PM     Updated: Wednesday,
September 08, 2010, 6:32 PM
 Chris Kirkham, The Times-Picayune 
 
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.

 Enlarge 
Matthew Hinton, The Times-Picayune MATTHEW HINTON / THE TIMES-PICAYUNE A
smoke stack vents exhaust at Chalmette Refining that had a power outage at 2
am releasing a catalyst used in oil refining down wind to homes Monday
September 6, 2010.
 Dust from Chalmette Refining blankets homes, cars gallery (6 photos) 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.

Becnel filed the case on behalf of a named plaintiff, Lauren Stone, a St.
Bernard resident, and others who were impacted by the release. The suit says
the catalyst is "toxic, noxious and harmful" and that "the defendant knew or
should have known that their equipment and the tank in question were
defective and faulty."

Becnel filed a similar class-action case against Chalmette Refining in 2007,
following a release of coke dust from the refinery that fell on children,
teachers and parents during a field trip at the Chalmette National
Battlefield. Class-action certification in that case was granted in June.

A refinery spokesman said Wednesday the company had not yet seen the lawsuit
and had no comment on it.

The St. Bernard Parish government and refinery officials told residents they
could clean the product themselves off cars and homes. But the official
material data safety sheet about the catalyst, which was submitted to state
and parish officials after the release, recommends using rubber gloves and
protective safety glasses when handling the product. 

The safety sheet also notes that "If clothing or footwear become
contaminated with the product, remove it and completely decontaminate it
before re-use, or discard it."

The Louisiana Department of Environmental Quality has begun a required
investigation of the incident. DEQ spokesman Rodney Mallett said the powder
mostly poses only minor short-term risks of irritation.

"At this particular juncture, it's nothing more than an irritant and a
nuisance, frankly," Mallett said. "But if you use proper hygiene and common
sense, you shouldn't have an issue with it."

The agency will eventually determine whether the accident was preventable,
he said, and could then refer it to DEQ's enforcement division to assess
penalties.

The Louisiana Bucket Brigade and the St. Bernard Citizens for Environmental
Quality are also asking for the Environmental Protection Agency to review
emergency response procedures for the refinery and St. Bernard Parish
government, citing the notes in the material safety data sheet that say
rubber gloves should be worn.

At Tuesday's Parish Council meeting, St. Bernard Parish President Craig
Taffaro downplayed any problems created by the catalyst. He said the
language about protective gear is "universal," and that the release "should
not create a problem."