2022-03-01 CC Agenda Packet - PRESENTATION - ITEM D14 - Hyperion-LasanHYPERION/LASAN
The Facts
July 2021 Spill - FACT
Independent Report Concludes that the
Spill was caused by both SYSTEM and
HUMAN Failings.
Hyperion has been out of Compliance with AQMD
Standards since 2015.
LASAN is required to perform a Test of Hyperion's Flare
system at LEAST once every 5 years. Hyperion last tested
the Flare system in 2015.
During that test in 2015 — The Flare system exceeded the
permitted level of digester gas by 515 Standard cubic
feet per minute. 2 of Hyperion's 6 Flare Stations
exceeded levels of Nitrogen Oxide.
Flares 2,3 and 4 also exceeded, by an unspecified
amount, the permitted limit for nitrogen oxides
When it was time for Hyperion to conduct more flare testing, in 2020,
LASAN failed to conduct the required tests.
While the Flare problems were discovered as a result of the AQMD's
investigation into the spill, it was determined they were NOT RELATED
to the spill itself
LASAN was forced to perform a source test on Flares 1-4 on September
201 2021. AQMD officials said they had to "repeatedly ask for results"
Reports were submitted on Decemberloth, but they were incomplete.
LASAN lack of accountability - FACTS
According to AQMD - "Despite staff
requests, LA Sanitation has failed
to provide certain information to
assist in evaluating the reports.
This includes calibration
procedures for the fuel flow
meters and stack exhaust flow
rates"
Hyperion has still not
source tested flare 5
Once the reports were
evaluated, it was determined
that flares 3 and 4 exceeded
the NOx emission limits. The
amount Hyperion exceeded
these limits was not
immediately available
LASAN spokeswoman Elena
Stern has declined comment
on why Hyperion didn't flare
test in 2020 or why sanitation
officials didn't give required
information to AQMD.
On December 27, LASAN
source tested Flare 6.
There is still no report
from LASAN about that
test almost 3 months
later.
AQMD issued a notice of
violation on 10/8/21 for two of
the 6 Hyperion flaring stations,
and the agency is STILL seeking
information from Hyperion
about the remaining stations
I
■ Hyperion has had
48 AQMD Violations
since 1985
■ 42 of those have
happened since the
Spill.
■ Which tells us that
AQMD has been
equally negligent in
holding Hyperion
Accountable.
■ AQMD only requires
Testing once every 5
years
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■ Hyperion has had
178 State Water
Board Violations
since 2000
According to a 2016 Environmental Study by the'E "Short term exposure can
cause respiratory issues, and may be associated with cardiovascular problems, as
well as premature death."
The EPA study goes on to state that long term exposure to the pollutant has been
tied to the development of asthma in children. Sensitive receptors are children,
elderly, asthmatics and others whose are at a heightened risk of negative health
outcomes due to exposure to air pollution.
According t❑ AQMD Spokesman Nahal Mogharabi- "NOx can cause respiratory
diseases and increase the severity of asthma."
Conclusions
Neither Hyperion nor LASAN have been honest and forthcoming with information.
They have, in fact, attempted to mislead, delay and cover up.
Whether through gross negligence, poor management, or structural incompetence,
LASAN/HYPERION has done irreparable harm to our community, our residents and
the environment.
They have quite literally slowly poisoned our community and continue to do so.
The effects of this have been and will continue to be felt for a generation or more.
With this data now part of public record and deemed factual, we need to act.
Options/Next Steps
For the past 7 months, we have told our constituents that we needed to wait until we
fully understood the facts of what happened in July 2021.
Now we realize that not only was the spill itself a catastrophic failure caused by
negligence and ineptitude, but that LASAN/Hyperion have been complicit in covering
up the fact that they have been poisoning our air and people for at LEAST the past
decade.
With all of this information at our disposal --- We need to discuss our options. This is
no longer a question of what an "acceptable smell level" is. It is a question of long
term Health and Wellness effects of Hyperion on our city and its residents