Category Archives: Martinez CA

Judge halts major Bay Area refinery project for state environmental review

The Phillips 66 San Francisco Refinery in Rodeo. | Photo By Dreamyshade, Wikimedia Creative Commons.

Phillips 66 cannot begin operations at a new California biofuel refinery until Contra Costa County fixes flaws in an environmental analysis of the project.

MARTINEZ, Calif. (CN) — Phillips 66 must halt a plan to start operating a new biofuel refinery in Rodeo, California, after a San Francisco Bay Area judge said the county that approved it must fix legal issues with the project’s environmental report card.

Contra Costa County Superior Court Judge Edward Weil ordered Phillips 66 to put on hold what would be one of the world’s largest biofuel refineries, to produce some 800 million gallons of biofuel products per year. The county must show that the project fully complies with environmental review requirements which he found had been violated when authorities first approved it.

Petitioners Communities for a Better Environment and the Center for Biological Diversity asked Weil to vacate his prior judgment and prohibit operations while the county works on the known legal flaws in its environmental analysis of the project. They said Weil’s prior judgment allowed the project’s land use permit to remain in place and failed to enjoin operations while the county proved its compliance with the California Environmental Quality Act — the state’s bedrock environmental protection and community right-to-know law.

The judge said in a tentative order that his prior judgment’s purpose was to allow for construction, not operations, while environmental legal issues are considered. He said that he must consider whether there is any conflict between the statement of decision and the judgment.

“There is, however, a potential conflict between the statement of decision and the judgment because the court allowed the land use permit to remain in place but did not specifically enjoin project operations,” Weil said. “Therefore, the court grants petitioners’ motion to vacate the judgment and to issue a new judgment that specifically enjoins project operations until further order of the court.”

Weil ruled from the bench Thursday to execute the tentative order as his official judgment.

Attorney Kurtis Keller, representing Contra Costa County, declined to comment on the ruling Thursday.

Hollin Kretzmann, an attorney at the Center for Biological Diversity’s Climate Law Institute, lauded Weil’s decision. She noted that construction on the refinery can continue.

“Counties are required to evaluate, disclose and reduce the environmental harms of a project before approving it,” Kretzmann said. “Communities long suffering from refinery pollution have every right to demand maximum protections against toxic emissions and foul odors, and the county needs to secure them.”

The planned refinery is near the Marathon-Tesoro biofuel refinery in Martinez, which itself could eventually produce more than 700,000 gallons per year of biofuel products and become one of the largest biofuel refineries in California. The petitioners say that the two projects would require at least 82,000 truck trips, nearly 29,000 railcars and more than 760 ship and barge visits annually.

That increases pollution, traffic and the risk of spills and accidents from the projects, while generating and processing biofuels that would worsen existing impacts on communities nearby fossil fuel processing plants. The state considers people who live near the refineries to be “disadvantaged” because of their high exposure to pollution from existing industries. The proposed refineries would cement ongoing or increased air and odor pollution for these residents for decades, the petitioners say.

“This is a huge victory for nearby residents who’ve raised serious concerns about pollution that will come from this giant refinery,” said Shana Lazerow, legal director of Communities for a Better Environment. “Allowing this project to operate before the environmental review process is complete would’ve rigged the whole decision in favor of the refinery operator.”

Sara Evall, a student attorney at the Stanford Environmental Law Clinic, said Thursday: “The county is obligated to reassess the project based on community members’ input and an unbiased record. Rights of the public to informed democratic decision-making come before Phillips 66’s bottom line.”

The judge’s prior order, which found that the county had violated the California Environmental Quality Act by approving the biofuel refinery without properly assessing major components or adopting mitigation for odor impacts on local communities, came down this past July.

In Martinez, Contra Costa and elsewhere – white backlash to Black Lives Matter

White backlash to Black Lives Matter was swift. It was also expected

San Francisco Chronicle, by Otis R. Taylor Jr. July 9, 2020 
Justin Gomez at the site of a Black Lives Matter mural that he and his wife, Angela helped organize and that had been defaced shortly after being completed in Martinez, Calif., on Tuesday, July 7, 2020. The couple that vandalized the Black Lives Matter mural (since restored) on Court Street on July 4th, has been charged with a hate crime each for their actions.
Justin Gomez at the site of a Black Lives Matter mural that he and his wife, Angela helped organize and that had been defaced shortly after being completed in Martinez, Calif., on Tuesday, July 7, 2020. The couple that vandalized the Black Lives Matter mural (since restored) on Court Street on July 4th, has been charged with a hate crime each for their actions. Photo: Carlos Avila Gonzalez / The Chronicle

The expected hostility toward the racial uprising energizing the country has begun.

It was expected by behaviorists and historians because history reveals that when some white people feel threatened by social justice movements, they lash out.

On July 4, the paint had barely dried on the 165-foot long Black Lives Matter mural on the street in front of the Wakefield Taylor Courthouse in Martinez when a man and a woman showed up. They dumped black paint on the yellow letters.

“This is not happening in my town,” the woman said as she spread the paint with a roller.

The hateful display of counterfeit patriotism was video-recorded by bystanders and went viral. On Tuesday, Contra Costa County District Attorney Diana Becton charged Nicole Anderson and David Nelson with a hate crime for defacing the mural.

“It was a peaceful mural, and it was a powerful way, as we’ve seen all over the country, that has been used to think about the importance of Black lives,” Becton told me. “But this one in particular was to think about the importance of Black lives in Contra Costa County.”

The county is roughly 43% white, according to census data. Black people make up less than 10% of the county’s population, while Latinos account for about 26% of county residents.

A 2018 report by UC Berkeley’s Urban Displacement Project and the California Housing Partnership studied housing prices and demographic changes in the county from 2000 to 2015 to, among other things, understand trends producing “patterns of segregation and unequal access to high-resource neighborhoods that have defined the county’s racial and economic geography for decades.”

By 2015, the report concluded, “approximately half of low-income Black and Latinx households in the county lived in segregated, high-poverty tracts — approximately triple the rate of low-income Asian and White households, and a steep increase from 2000. Families in these types of neighborhoods typically face greater barriers to economic mobility [and] are more likely to suffer adverse health outcomes.”

Once again, systemic racism impacts the health, economic and educational outcomes of people of color.

The permitted Black Lives Matter mural in Martinez was repainted almost immediately, but get this: The very next day, a man was arrested for allegedly pulling a gun on people looking at the mural, according to the Police Department.

The retaliation is driven by hate, resentment and fear. Don’t be surprised if it lasts beyond next year’s presidential inauguration.

“These are old means of subordination that white people have used,” said UC Berkeley psychology Professor Dacher Keltner, referring to recent viral incidents, including in Indiana where a Black man was attacked in the woods by white men. “This racism is the fabric of this culture.”

And when protesters rallied earlier this week to support Vauhxx Booker, the Black man who called the Indiana incident an “attempted lynching,” someone drove their car through the crowd, NBC News reported.

Wait, there’s more. A white woman used the N-word while arguing with a Black woman in a Sacramento-area convenience store on June 25. A white diner called someone enjoying a family celebration at a Carmel Valley restaurant an “Asian piece of s—.”

“Trump’s gonna f— you,” he said, rising from the table.

He already has.

The president is a grifter who knows hate is currency in America. He stokes white fear and resentment by painting Black Lives Matter protesters as terrorists and thugs. On July 1, he called Black Lives Matter murals symbols of hate. If his lies were your main source of information about people of color, you’d think the white, Black, Latino, Asian and Indigenous people marching for social justice were a bigger threat to this country than the coronavirus.

That’s why a white couple in St. Louis pointed their guns at protesters who marched past their home.

“The narrative of police brutality, the narrative of oppression, the narrative of racism — it’s a lie,” said the man in the Martinez incident, identified as Nelson, who wore a red T-shirt with “four more years” on the front. “Why don’t you guys learn about history?”

Once again, ignorance is a hallmark of white supremacy.

Here’s a brief lesson in American history: Southern white people went to war and sacrificed a generation to preserve the right to buy, sell and trade Black bodies. Then this country built statues to honor human traffickers and to remind Black people that their place — no, our lives — were conditional. After slavery was abolished, the lynchings of Black people became appointment viewing. Black people’s homes, churches and offices were bombed during the civil rights movement.

I could go on, but you get the historical context. In this country, when some white people feel their way of life — their status — is threatened, they respond with violence.

Dana Frank, a research professor of history at UC Santa Cruz, told me that some white resentment turns into anger instead of reflection.

“There’s white people that are well-meaning or confused and clueless, and then there’s the people who are actively crossing over into hostility. The second category is much harder to reach,” she said. “I think it’s very hard for your average white person to see all those forms of institutionalized racism in which they come out ahead. How do you open the door to somebody seeing that without that person feeling threatened?”

By getting white people to talk to white people about systemic racism.

Justin Gomez, who obtained the permit for the street mural, organized the effort a week after flyers calling for white unity were distributed in Martinez. Gomez, who is Filipino and was raised in Walnut Creek, has two children. He’s a stay-at-home dad, and his wife is a health care worker.

He told me he was blown away at how quickly the mural was defaced. Then again, he lives in Contra Costa County.

“We see Confederate flags,” Gomez said. “We see a lot of racist rhetoric in our local social media circles, so we fully knew that that was going to happen and we were ready for it.”

Six gallons of yellow paint were delivered to him Monday.

“We’re ready to fix it again,” he said.

News of the death of Martinez News-Gazette was premature…

Martinez not entirely a “news desert”

By Roger Straw, February 2, 2020
[See update: Martinez News-Gazette publishing one print edition weekly]

There’s no reporting on this out there, but I stumbled on a fresh reference to the Martinez News-Gazette while googling for something, can’t remember exactly what.

Hmmmm… wasn’t it the 161-year old Martinez News-Gazette that announced its last issue and published a final edition in December of 2019?  Yep – see my Dec 28 repost of the San Francisco Chronicle article, “The latest “news desert” – Martinez News-Gazette closes“.

But it lives!  At least the online edition, which seems vigorous and healthy at  martinezgazette.com.  Check it out.

I can’t find anything that confirms yes or no as to a print edition.  Guess I’ll have to venture over the Benicia-Martinez bridge to find out.

This is good news for those of us in Benicia, where our ancient local news outlet, the Benicia Herald, is owned by the same guy who owns the Martinez News-Gazette.  I hope our fears of becoming more of a “news desert” are somewhat diminished, if not banished.  (The Herald publishes a print edition only 3 times per week and occasionally online.)

Here’s weekly opinion writer Bill Sharkey’s delightfully rambling account of the surprise resuscitation of his old friend, the Martinez News-Gazette:

Column One: What Happened?

By Bill Sharkey III, Martinez News-Gazette, January 12, 2020 

WHAT HAPPENED? You tell me! Whatever it was, it was mighty fast. And, here we are again. No longer an unemployed volunteer columnist. Hardly a day off to consider my future. Perhaps, just as well! Reflecting on my past keeps me well occupied; it’s been such a long past. Maybe good for a cheap autobiography?

It seems there was an ‘obituary’ notice in the old Morning News-Gazette on Page One announcing in advance the pending demise of the 161-year-old newspaper which had its founding in September 1858, and continued under a variety of names until the planned death on December 29, 2019. Strange, stating a specific date of a death of something in advance? Oh, well!

So, after the Page One shocker announcement hit the streets (newspaper talk), people were definitely shocked. What would we do for local news? How would we keep apprised of upcoming events? How would Martinez P.D. tell us if there were bad guys lurking in our neighborhoods? What music groups would be playing at Armando’s next week? Where are the beavers? Who is planning to run for political office? What is the legal profession doing if we don’t have Barbara Cetko’s legal advertising to keep us current? When is the next crab feed fund-raiser which we certainly can’t afford to miss?

No wonder there was distress, concern, mourning in the community. It would be like losing a dear friend, or favorite aunt, or worse. Wow!!

Then, talk began to filter through the gloom. There might be something cooking to continue the Gazette or, as Harriette Burt has always fondly called it, “The Gazoo”. However, the publisher, known for a lack of communication technique, any conversation regarding speculations of things to come was not coming forth. So, plans moved ahead for the final day’s publication. Many news writers, civic leaders, readers, business folks gathered their forces and provided an historic final edition of the Morning News-Gazette, the 161-year-old purveyor of news and advertising (never fake news!!), maybe a rumor or tad of gossip along the way. As a famous newspaper has stated, “All the news fit to print”.

THEN, as the old story line which has been used in plays, etc., a strange thing happened on the way to the funeral for the beloved publication.

The grave diggers had completed their grave digging chores, and were standing by for the procession. Their grave site was prepared according to specifications. A large crowd of mourners had gathered to be part of the services. Anything reaching the venerable age of 161 years deserved proper mourning and respect. They were ready with hankies, tissues and dark glasses. It was a beautiful day in Martinez, a place be happy and safe. But, now a place without a newspaper. How could it be true?

As the gathering of friends, mourners and longtime subscribers waited for the procession to arrive, some began to be restless, began to fiigit. Has something happened, they wondered? What could possibly delay a funeral for such an important member of the community?

Than, ‘the word’ came down from out there some place…there would be no funeral today. What?? Why not?? Answer: The reported demise of The Gazette (for Harriett, the Gazoo) had been apparently premature (not fake news) but, certainly official sounding on Page One the day it appeared. Was it a ‘played closed to the vest’ move, or was it a case of saved by the bell? Hopefully, we will hear the story one day soon. All of us are most anxious to know what is ahead. Meanwhile, how about a cup of coffee and a print newspaper to read? I will buy!

WE ALL KNEW 2020 was going to be an exciting (?) year, right?!? What we did not know was that our unfit Oval Office Person was going to get us into another potential war in the Middle East. As of my deadline, we are still just (just!?!) in the back and forth threatening stage. “If you do this, we’ll do worse”. How did we get here? We got here by ‘hiring’ a know-it-all real estate tycoon from NYC who has no integrity, and no idea of how a president of the United States behaves, or how to lead a nation of good people with ethics and rules of law and order. He also does not know how a leader of this “best nation of all time” should behave when out on the international scene.

When we hear explanations of why we had to assassinate a very popular Iranian general from the Oval Officed Occupant, knowing that has lied or made mistaken facts over 15,000 times since January 20, 2017, how confident can we be that what he and Mike Pompeo are now saying is the truth? Scary? You bet, Mr. and Ms America!!

As we citizens at home are waiting for the BIG BOOM, or whatever the Iranians and their supporters around the world might do, we have our thoughts on the upcoming 2020 national election next November.

OH, YES, THAT!! How do you feel about candidates chasing around the landscape trying to be presidential wannabees? Anyone stand out for whom you would like to plunk down $$ to help? Anyone know the details of the proposals for health care? Have you heard that drug costs are going to increase about five-plus percent in 2020? Make a difference? Or, are you more concerned about the international situation? How about the immigration problems? How about crime in your neighborhood? Then, of course, there are the homeless.

So much of which to be concerned. Or, are you concerned?

CHEERS to those who stepped up to save our local newspaper. As of this columnist’s deadline, we are, fortunately, not in a new Middle East war, the SF 49ers made it to the NFL playoffs, and it looks like we are not headed for another California drought. And, so long to the former Oakland Raiders. If the Warriors can just get it all together!

Shell Refinery in Martinez sold to Delaware company

Refinery transaction complete, ‘Martinez Refinery Company’ born

Martinez News-Gazette, February 1, 2020

PBF Energy Inc. announced today that it completed the acquisition of the Martinez refinery, and related logistics assets, from Shell Oil Products US. The purchase price for the assets was $960.0 million plus the value of hydrocarbon inventory. The company will operate as ‘Martinez Refining Company’.

“We welcome Martinez’s professional workforce to the PBF family,” said PBF’s Chairman and Chief Executive Officer Tom Nimbley. “We are committed to maintaining the high operational standards of the refinery and, through continued safe, reliable and environmentally responsible operations, earning the privilege of being a respected member of the Martinez and Contra Costa County communities.” Mr. Nimbley continued, “The acquisition of Martinez is a significant strategic step for PBF as we expand our West Coast operations. Martinez is a top-tier asset, is a perfect complement to our existing assets and provides increased opportunities for PBF’s West Coast operations to deliver value.”

The 157,000 barrel-per-day, dual-coking Martinez refinery is located on an 860-acre site in the City of Martinez, 30 miles northeast of San Francisco, California. The refinery is a high-conversion facility with a Nelson Complexity Index of 16.1, making it one of the most complex refineries in the United States. The facility includes a number of high-quality onsite logistics assets including a deep-water marine facility, product distribution terminals and refinery crude and product storage facilities with approximately 8.8 million barrels of shell capacity.

————————–
Dear Friends,
We are pleased to announce the next chapter in our refinery’s storied, 105-year history. Effective February 1, we usher in a new era as “Martinez Refining Company,” featuring the new logo, below.

Martinez Refining Company LLC (Martinez Refinery) is a subsidiary of PBF Energy Inc. (PBF), a publicly-traded (NYSE-PBF) Fortune 250 company that concentrates on refining and logistics. Martinez is the sixth refinery in PBF’s portfolio; the others are in New Jersey, Delaware, Ohio, Louisiana, and Southern California.

We are also introducing and welcoming our new Refinery Manager, Jerry Forstell. This is a homecoming for Jerry, who worked at Martinez from 1992-2003, then returned frequently as General Manager of Turnarounds and Projects. In total, Jerry has 35 years in the refining and chemicals industries, 31 of those with Shell.

After retiring from Shell in 2015, Jerry joined PBF Energy as Chalmette Refinery Manager in St. Bernard Parish, LA near New Orleans. He earned his Bachelor’s degree in Mechanical Engineering from Georgia Institute of Technology. Jerry and his wife, Corinne, have three grown children spread throughout the country.

“I am truly thrilled to be back at Martinez with so many of my former colleagues, while looking forward to getting to know the rest of the workforce and our neighbors,” Jerry says. “I deeply respect our rich history and value our commitment to our community. I especially look forward to leading the refinery through the coming transition while maintaining the outstanding legacy and traditions that Shell established over the past 105 years.

PBF offered jobs to all eligible refinery employees, and encourages continuing development of our professional well-trained and qualified workforce. We remain dedicated to being a valued member of our community through open, honest, and timely communication, while supporting the local economy with jobs and purchases of services and supplies.

Our Martinez Refinery Family has seen a lot of change, but there are certain constants: our priorities remain “People, Planet, Performance,” and our safety mission, which we call “Goal Zero”, continues as our guiding force. Together, these programs keep us focused on working safely and operating reliably and in an environmentally responsible manner, which in turn helps us earn the right to operate in the communities that host us. This commitment to our community is another constant. We want to share with you some highlights from the past year…as we look forward to 2020.

We had a very successful “Run for Education” in 2019, which PBF also supported. Our team of volunteers are already preparing for our refinery’s signature event the, “MRC/MEF Run for Education” to be held September 27. Since 2003 our run has raised $916,000 for the Martinez Education Foundation, so we are excited to “Run to a Million” in this year’s event. We hope you’ll join us for our Family Fun Night on September 26. The Kiwanis and Rotary Clubs always host an enjoyable evening at the Clubhouse.

We congratulate 2019 Alhambra High School graduate, Jessica McCauley, who earned the Shell Martinez Refinery STEM Scholarship in May. We are also honored to support the Boys & Girls Clubs of Martinez in establishing a “Teen Center.” Our Martinez youth prove the future is brighter with their talents.

You may have seen our Refinery Fire Department personnel at various community events this year, including the “4th of July Hometown Parade,” “National Night Out,” and the “Holiday Frolic and Tree Lighting.” We also hope you saw the Food Bank of Contra Costa and Solano’s Holiday Food Drive donation barrels. In a span of three days, more than 30 refinery employees wrapped all the food barrels that were distributed throughout Contra Costa and Solano Counties.

And finally, “Save Mount Diablo” has published its list of free, public, guided hikes sponsored by the refinery, and all the information is on their website.

Our new owner has pledged to continue our strong commitment to you, our refinery, and our community. We invite you to contact us anytime you have a question or concern. Our weekday phone number is still (925) 313-3777. Our after-hours number remains (925) 313-3601.

Our employees live, work, and play in Martinez, and we treasure our relationship with our community neighbors. We are grateful for your support of the Martinez Refinery and as always, look forward to hearing from you.

Ann Notarangelo
External Relations Manager – Martinez Refinery


BenIndy Editor: see also SGGate, February 1, 2020