Category Archives: Industrial Safety Ordinance (ISO)

Valero’s Benicia Refinery Now Target of Several Probes Into Pollution Releases

Repost from KQED The California Report

By Ted Goldberg, Mar 26, 2019
A plume containing petroleum coke dusts wafts from a smokestack at Valero’s Benicia oil refinery on March 23. (Sasha Khokha/KQED)

State workplace regulators, the region’s local air quality district and Solano County health officials are trying to find out why a problem at Valero’s Benicia refinery suddenly worsened over the weekend, leading to a release of petroleum coke dust that prompted fire officials to urge those with respiratory problems to stay indoors.

The incident led to a partial shutdown at the facility and represents the worst malfunction at the plant since a power outage caused a major pollution incident in 2017.

The releases of elevated levels of particulate matter led several residents to complain of breathing problems and prompted Benicia’s mayor to call on Valero to pay the city back for its work dealing with the emergency. The partial refinery shutdown is also expected to lead to a spike in higher gasoline prices throughout the state.

Mayor Elizabeth Patterson said she’s gotten a flood of phone calls and emails from residents wanting to know why it took so long for Valero to suspend refinery operations.

“There’s a lack of understanding about how coke particulates could be continuously emitted throughout a couple of weeks,” Patterson said. “There’s not a lot of information that’s readily available to the public.”

California’s Division of Occupational Safety and Health began a probe into Valero on Monday, the day after the company began the gradual shutdown of a significant portion of the refinery, according to agency spokesman Frank Polizzi.

Cal/OSHA becomes the latest government agency to look into the breakdown of a key piece of equipment inside the refinery that went down two weeks ago. The Bay Area Air Quality Management District and Solano County officials have launched probes as well.

Refinery Problems Started Two Weeks Ago

On March 11, the facility’s flue gas scrubber began malfunctioning. That meant the facility’s smokestacks began belching a sooty plume of petroleum coke dust — minute carbon particles that are a byproduct of the oil refining process.

The initial problem prompted the Bay Area Air Quality Management  District to issue eight notices of violation against Valero.

The air district and Solano County health officials said during the following days that the flue gas scrubber had been fixed and the coke dust releases were intermittent and gradually coming to an end.

But the black smoke returned on Saturday. On Sunday, fire officials detected high levels of fine particulate matter, known as PM10, around the refinery and issued a health advisory urging people with respiratory issues to stay indoors.

“What we were seeing was dark gray, almost black smoke coming from the flue gas scrubber unit,” Benicia Fire Chief Josh Chadwick said Monday.

PM10 is particulate matter 10 micrometers or less in diameter — larger than PM2.5 many became familiar with during last November’s Camp Fire, when smoke from the huge Butte County blaze prompted health advisories throughout much of Northern California.

Like PM2.5, the larger particulate matter is regulated by the Environmental Protection Agency.

EPA spokeswoman Soledad Calvino said the agency would not comment on ongoing or potential investigations.

The agency has said that once inhaled, petroleum coke dust can affect the heart and lungs and cause serious health effects.

“The additional concern is that this is more toxic than the standard stuff you’d find in the atmosphere,” said Anthony Wexler, director of the Air Quality Research Center at UC Davis. “It’s probably similar in toxicity to diesel exhaust, which is a known carcinogen because it’s sooty in nature.”

On Sunday morning the wind in the Benicia area was blowing east to west at about 6 to 12 mph, according to meteorologist Jan Null.

That meant the coke dust was being blown toward residential neighborhoods, said Chadwick.

“That was one of the big concerns I had,” Chadwick said. “We had a wind shift … that really turned it back toward the city.”

Several Residents Complain of Breathing Problems

Chadwick said the Benicia Fire Department received two 911 calls for respiratory complaints. One of the calls was for one person who was transported to John Muir Medical Center in Concord. The other was for two people who told paramedics who showed up they didn’t need to be hospitalized.

The wind on Sunday also sent the coke dust toward parts of Contra Costa County, according to air district spokesman Ralph Borrmann. The agency received several complaints from people in Benicia and a few in Rodeo, Borrmann said.

Fire crews have been conducting air readings since Sunday morning and the levels of particulate are back to normal, Chadwick said.

Air district officials are expected to release the results of their testing later this week.

It’s unclear why the flue gas scrubber began malfunctioning again.

Terry Schmidtbauer, Solano County’s assistant director of resource management, said his department’s investigation is focused on the scrubber unit, other refinery components that interact with the device and if refinery workers made a mistake in operating the unit.

It’s also uncertain how long it will take to shut down the affected parts of the refinery and how long that closure will last.

“I am not sure how long Valero intends to have the affected portion shut down,” Schmidtbauer said in an email.

Lillian Riojas, a Valero spokeswoman, did not answer questions about how long the shutdown should last.

On Sunday the company issued a statement about the refinery problem.

“There may be a visible plume and flaring as part of the shutdown,” Valero’s statement said.

Mayor Renews Call for More Refinery Regulations

Mayor Patterson has been calling for more regulation of Valero’s facility ever since the May 5, 2017, refinery incident — a push that so far has failed to result in action.

The City Council rejected her proposal to develop an industrial safety ordinance, similar to one in Contra Costa County, that provides more information to town officials about refinery problems.

The latest incident has prompted her to renew her call for action.

“We definitely need an industrial safety ordinance with the fees to cover the costs that it’s costing the city,” Patterson said. “When we are responding to these things, that means we’re not doing something else.”

Patterson said she planned to bring up the issue of compensation at a City Council session this Saturday.

A Bay Area environmental group critical of the oil industry and the agencies regulating it said the episode should raise concern about operations at other facilities.

“This is the latest sign that Bay Area refineries and our air quality officials can’t safely cope with current workloads, let alone the increased volume of oil processing planned by the industry,” said Hollin Kretzmann, an Oakland-based lawyer for the Center for Biological Diversity.

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    SF Chronicle editorial: On Benicia Refinery Safety

    Repost from the San Francisco Chronicle

    Clear the air

    Chronicle Editorial Board, March 25, 2019 6:37 p.m.
    FILE — In this July 12, 2017 file photo Valero Benicia Refinery in Benicia, Calif. Hundreds of bills await action by California lawmakers as the Legislature begins the last week of business this year. Among the issues include how to divvy up money from the cap-and-trade law, which puts a price on carbon emitted by polluters, including oil refineries like the Valero Benicia Refinery. (AP Photo/Rich Pedroncelli, file)

    Benicia residents with respiratory ailments were warned to stay indoors for five hours Sunday because the Valero Refinery was filling the air with heavy smoke. The warning was lifted when Valero announced it was temporarily shutting down the refinery process.

    Now the mayor has renewed her call to pass a Benicia industrial safety ordinance similar to the one that has guided refinery operations in Contra Costa County for decades. For the sake of clean air for all, the Benicia City Council should do so.

    Benicia Mayor Elizabeth Patterson first sought a city safety ordinance after a May 5, 2017, power outage sent flames roaring from the refinery’s stacks and spread pollution into the air, prompting shelter-in-place and evacuation orders for the community of 28,000. Within weeks of that event, Valero was fined by regional regulators, and two state agencies and Solano County adopted regulations modeled on the Contra Costa County ordinance.

    The Benicia City Council, however, voted 3-2 to monitor implementation of the county’s new ordinance rather than adopt its own. Now Patterson is trying again.

    She has suggested the council seek third-party review of the draft ordinance, which would require refinery reports be shared with Benicia, not just the state and county, and include a way to collect fees to cover the city’s costs of review.

    While air quality is an ongoing community concern, the refinery’s latest problem began two weeks ago and so far has netted Valero seven violations from regulators. A third of Benicians have respiratory ailments — three times higher than the state average. For them, emissions are a health concern.

    “There’s a saying,” Patterson said. “You either have a seat at the table or you’re on the menu.”

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      Vice Mayor Steve Young: letter from former City Attorney of Santa Rosa

      Repost from a Benicia Nextdoor post

      City Council Meeting on Air Monitors

      By Steve Young, Benicia Vice Mayor, November 21, 2018
      Steve Young, Vice Mayor, City of Benicia

      It’s not often that the Council receives the kind of letter copied below. It is from Brien Farrell, the former City Attorney of Santa Rosa, who has retired here in town. I thank Mr. Farrell on behalf of my colleagues. After 4 hours of testimony and deliberation on Tuesday, the Council unanimously adopted a motion advancing what I hope is the mutual interest of the City and Valero in providing enhanced air monitoring for the public, as well as better communication between the two parties. We also appreciate the donation to the City Fire Department by Valero of three mobile air monitors.

      Brien Farrell 4:34 PM (7 hours ago)
      To Mayor, Steve, Mark, Alan, Tom

      Mayor Patterson and Councilmembers:

      I watched portions of last night’s council meeting on line and I watched the entire discussion surrounding the motion that was adopted.

      I have attended hundreds of city council meetings. Your preparation, civility and thoughtful crafting of a compromise was a model of good government.

      Our family thanks you. Air quality and economic stability are important to all of us. Our middle son is the special education coordinator at Robert Semple Elementary School. He had to be rushed to the hospital the day of the flare-up in May 2017. He did not know whether he was having a cardiac or pulmonary emergency. He had never experienced anything similar.

      Evacuation planning and air quality monitoring are both critical. We strongly support local, state and federal oversight. In my past career as a city attorney, I routinely observed that local government is the most responsive and accountable.

      Our son has been cleared to donate his kidney to another Benicia teacher on December 17, 2018, at the UC Davis Hospital. Upon his return to work, we worry that he might be exposed to another major air quality event or cumulative harm. Everyone assures us that his health will be normal after the kidney transplant. We would like all foreseeable risks to be minimized.

      Your ongoing efforts to promote maximum transparency and protections that are fair and reasonable are much appreciated. We urge the city to impose local regulations, if it is not possible to reach compromises in six months.

      Thank you for your service and dedication.

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        Mayor Patterson: Air monitors and public health – Council agenda for Tuesday

        From an E-Alert by Benicia Mayor Elizabeth Patterson

        Much more than fence-line air monitors…

        Monday, November 19, 2018

        Elizabeth Patterson, Benicia Mayor 2007 - present
        Elizabeth Patterson, Benicia Mayor 2007 – present

        The regular council meeting will be at 7:00 and the agenda and staff reports and recommendations are online here.

        The main item of interest is the “report” to Council about progress on installation of air monitors by Valero.  The report came about because of the request by the Industrial Safety Ordinance working group – a citizens’ steering committee which researched and developed a draft Industrial Safety Ordinance in response to the near catastrophic melt down of Valero Refinery in May of 2017 and subsequent plumes of black smoke.

        The request to the city council was – and is – to have an outside subject matter expert with legal skills to review the proposed ISO and determine its legal sufficiency and report to the council.  For some reason staff does not make this clear but rather states that it is a vote up or down on the ordinance. This is incorrect.

        The request to have an expert opinion report on the need, adequacy and value of the Industrial Safety Ordinance is meant to have a neutral party report to council.  I made a request for considering the ordinance in May of 2017 and soon realized that this would not be addressed quickly.  Therefore, I advised the Benicians for Safe and Healthy Community and thus they took the initiative to research, interview, have an expert panel discussion and draft the ordinance.  Naturally, this was done to expedite the process.  The small step of seeking outside advice on the draft Ordinance was voted down by the council majority.

        A couple of common objections to the Industrial Safety Ordinance are:

        1. An ISO is not necessary now that the state has adopted many of the Contra Costa County ISO regulations.  It should be noted that none of the cities or county have rescinded their ordinance because they still find it meets specific needs and is subject to better reporting to local government.
        2. Now that the fence-line monitors are in place there is no need for the ISO because the county’s Program 4 suffices.  Actually this is a requirement of the state to coordinate state and local regulations and is incorporated by reference into the draft ISO.  The county does not have regulatory authority, but rather coordinates.  For instance, the county reports on inspections and status of required reports.  The coordination with local government to date has been a booth at the 2018 Peddlers’s Fair.  CalEPA requires a full public participation program for the community air monitor(s) to be implemented.  Neither the community air monitor nor the public participation program has been done.

        In short the proposed Industrial Safety Ordinance is much more than fence-line monitors at the refinery or portable emergency air monitors.  It is providing a seat at the table participating with the county and state regulators and the regulated industries.  It is a guarantee to get reports and posting them on city website rather than chasing down reports at the county or state and often with broken links.  It is a fee structure to pay for continuous staff level of engagement rather than driven by budget constraints.  It is memorializing our affirmative duty to protect public health.  It establishes a collaborative relationship with regulators and the regulated refinery and not a co-dependent relationship.

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