By ROBIN SHANNON

L’Observateur

VACHERIE – A Baton Rouge judge upheld the state Department of Environmental Quality’s decision to grant an air permit for a planned petroleum storage facility along the bank of the Mississippi River in Vacherie.

In a Feb. 22 ruling, District Judge William Morvant affirmed the synthetic minor source air permit, issued in July 2009 for Petroplex International’s storage tank farm, despite heavy protest from a local opposition group known as Community Strength. Representatives from the group said an appeal of the ruling is being considered.

In his ruling, Morvant cited the high legal standard necessary to overturn an approved DEQ permit. He said he understands Community Strength’s apprehension regarding the location of the facility but said the group’s claims were “long on contention but short on factual support under the state permitting process guidelines.”

Michael Calabro, a Vacherie attorney and spokesperson for Community Strength, said the group claims when the DEQ approved the air permit for the Petroplex storage facility, the permitting board did not take into account a substantial increase in toxic air emissions that will affect a large residential area that includes six schools and two day care centers within a two-mile radius of the planned facility.

“We believe the permit was issued without regard to public safety,” Calabro said. “We feel that DEQ failed to hold the applicant accountable for major source emissions, relied on the company’s flawed environmental assessment statement and that the company did not properly evaluate the site in question. The company should have been required to meet the stricter standards under a major source permit.”

Morvant stated the proposed facility was “pretty close” to the major threshold but said there is a line separating minor and major source designations that Petroplex had not crossed. Petroplex attorney Boyd Bryan told Morvant the facility will not exceed the minor source threshold.

When the permit was issued last summer, DEQ representatives said the agency properly issued the permit along with a written statement explaining what lead to the decision all the while taking into account public comments regarding the permit.

Larry Sciacchetano, project manager for the proposed facility, said in a statement that Petroplex has “met or exceeded the LDEQ requirements in every case.”

“We continue to try to be good neighbors to the entire community,” Sciacchetano said. “We have designed a state of he art facility that will also add to the aesthetics of River Road. As required under a Minor Source permit, we will be closely monitored by LDEQ, and we will operate a facility that the community, parish and state can be proud of.”

Calabro said his group, which has opposed the project since it was proposed well over a year ago, stands firm with its disapproval of the Petroplex facility.

“In opposing DEQ’s decision we knew we had a tough road ahead of us, but we truly believe that they should adhere to their public trustee duty, rather than continuously siding with industry” Calabro said. “Community Strength will not cease in challenging the merits of this proposal at all avenues – our citizens depend upon it, and this is just the beginning as we see it.”

Petroplex officials have said the facility, which will be situated on 1,700 acres of land along the Mississippi River, would house 63 storage tanks for crude oil, petroleum products and biodiesel ingredients. The tanks would tie into an existing pipeline, a railroad facility and a shipping port. The first phase of the project would create about 500 jobs during peak construction and 100 permanent jobs. The facility could ultimately end up costing about $700 million.

In addition to the air quality permit, the facility still needs approval from DEQ on a wastewater discharge permit, along with regulatory consent from the Army Corps of Engineers and the Louisiana Coastal Protection and Restoration Authority. Calabro said the company has yet to file for any further permits for the project.