Category Archives: Keeping Watch on Earth News

Vallejo releases unfinished Orcem/VMT report after community demands

Repost from the Vallejo Times-Herald

Community demands spur release

By John Glidden, March 26, 2019 at 12:02 pm | UPDATED: March 27, 2019 at 1:35 pm
The site of the Vallejo Marine Terminal/Orcem Americas project proposed for South Vallejo is shown. (Times-Herald file photo)

Amid growing pressure from the community and applicants, the city of Vallejo on Tuesday released an unfinished draft version of the updated Final Environmental Impact Report (FEIR) for the Orcem/VMT project proposed for development in South Vallejo.

In a message posted to the city’s website, staff cautioned that the lengthy document, in its current form, is not ready to be presented to the council for certification and possible project approval under the California Environmental Quality Act (CEQA).

“As of this date, clarification is needed as to who is the responsible party for certain indemnity and mitigation measures, and who has site control and ownership of the project site,” staff wrote in its message. “While this clarification is obtained processing of the EIR has been paused.”

Reached by phone Tuesday, Vallejo Mayor Bob Sampayan said he agreed with City Hall’s decision to release the report.

“(The city has) been pressured to release the EIR,” he said. “Both sides have asked that it be released, and the public has the right to go through it.”

However, the City Council has yet to certify the contents of the FEIR, he warned.

Vallejo Marine Terminal (VMT) wants to build a deep-water terminal, while Orcem Americas is seeking to build a cement facility. Both projects would be located on the same 31 acres at 790 and 800 Derr St. next to the Mare Island Strait in South Vallejo.

VMT/Orcem opponents and supporters wait to hear the decision from the Vallejo City Council in 2017 at City Hall in Vallejo. (Chris Riley — Times-Herald file)

Release of the report comes nearly two years after the council directed city staff to complete and finalize the EIR.

Orcem has been one of the more vocal voices, spending money on various advertising in the Times-Herald, demanding City Hall release the document for public review.

Steve Bryan, president of Orcem Americas, said his team was surprised by the sudden release of the document.

“We haven’t had time to review the document, but we were very surprised today,” Bryan wrote in an email. “Like everyone else, we were expecting the Final EIR. The City Attorney’s February 25th letter stated the City was ready to release March 1st, not another Draft FEIR.”

Opponents of the project have insisted on release of the report. They’ve expressed concern the development, if built, will harm the surrounding neighborhoods and city.

Peter Brooks, president of Fresh Air Vallejo, a group opposed to the project, said on Tuesday that the group was not surprised by the release of the unfinished document.

“We are prepared to go through the report with a fine-toothed comb,” he wrote in an email to the Times-Herald.

The Vallejo Planning Commission voted 6-1 in 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall said at the time.

Vallejo Marine Terminal and Orcem officials in the front row react after the Vallejo Planning Commission voted 6-1 in March 2017 to reject the proposed project.

City officials argued in 2017 that since a rejection was being recommended, a FEIR was not required. At the time, city leaders called the first iteration of the document a draft FEIR. The report released on Tuesday is an updated version.

Orcem and VMT appealed the Planning Commission decision, and in June 2017 when reviewing the appeal, a majority of the then-council directed City Hall to complete the impact report.

Since then, numerous agencies have issued letters of concern with the project as they reviewed the first version of the DFEIR.

The FEIR was expected to be released last year until leaders received a 13-page letter from Erin Ganahl, deputy attorney general for the State of California, writing that the project’s DFEIR, an Environmental Justice Analysis (EJA), and the Revised Air Analysis were misleading.

“The environmental documents for the project fail to provide adequate legal support for the city of Vallejo to approve the project,” Ganahl wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”

Just this month, the Bay Area Air Quality Management District (BAAQMD) issued a letter concluding that if the Orcem portion of the project was built, it would increase air pollution.

“The project as proposed will increase air pollution in an already overburdened community and increase the health burden placed on the community from toxic air contaminants including diesel particulate matter, a known carcinogen,” BAAQMD officials wrote after reviewing the stationary sources proposed by Orcem.

City Hall said in its Tuesday message that staff expects to provide the City Council a progress report on the project by April 23.

California Gas Prices Expected to Spike in Wake of Shutdown at Valero’s Benicia Refinery

Repost from KQED California Report

By Ted Goldberg, Mar 26, 2019
Valero’s Benicia refinery on March 24, 2019. (Solano County)

California drivers — or the millions of them whose cars still run on refined petroleum — can expect to pay more to fill up their gas tanks in the coming days thanks to the partial shutdown of Valero’s Benicia refinery.

The retail cost of a gallon of gasoline in the state is expected to rise immediately, according to David Hackett, president of Stillwater Associates, a transportation energy consulting company based in Irvine.

That’s after a 12-cent spike in wholesale gas prices on Monday, Hackett said.

“That price increase is likely to get passed through to motorists over the next week or so,” he said. “You’ll start seeing prices go up starting probably today.”

The average cost of a gallon of regular unleaded gasoline in California is $3.51, 16 cents higher than a week ago, according to AAA.

Several agencies are investigating a series of petroleum coke dust releases at the Benicia refinery that began more than two weeks ago. Those releases intensified on Sunday, prompting city officials to issue a health advisory.

The Valero refinery’s flue gas scrubber malfunctioned, a problem that led to a sooty plume of petroleum coke to billow out of the facility’s smokestacks. To deal with the problem, the refinery is slowly shutting down a significant part of its operations.

Last week, problems at two other California refineries contributed to the recent jump in gas prices.

AAA says a fire at a crude processing unit at the Phillips 66 refinery in Los Angeles County and a series of flaring incidents at Chevron’s Richmond refinery drove prices higher.

AAA spokesman Michael Blasky said price spikes are the norm when refineries suffer problems that lead to curtailed production.

“When a refinery goes offline and supply drops, retailers incorporate price increases almost immediately in California,” Blasky said.

Wholesale suppliers that sell fuel to gas stations and hear about the Benicia refinery’s shutdown will probably go into the so-called spot market to buy gas, sending the price up, Hackett said.

The refinery problems come amid a jump in the price of crude oil over the last year, which has sent gas prices up nationally.

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.

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.”