The Benicia Independent learned yesterday that Valero Benicia Refinery will remain in “partial shutdown” until early or mid-May.
This news raises two concerns:
The shutdown came after the refinery experienced a massive release of black smoke on March 11 containing particles of petroleum coke and other toxic chemicals including benzene. On March 24, a repeat of the black smoke releases took place, a shelter in place was issued by the health department, and the refinery went into a partial shutdown. One might ask, “What kind of malfunction could result in a two-month shutdown? How serious of an incident was this?”
The partial shutdown has already raised gas prices in California. How will another month offline affect consumers’ gas prices?
Repost from KQED The California Report [Editor: UPDATE AS OF APRIL 12, 2019: According to sources, the refinery’s partial shutdown will continue for maybe another month. Valero reports that they will not be back online until sometime between early and mid May. – R.S.]
Valero’s March Pollution Release Exposes Weaknesses in Benicia’s Air Monitoring System
By Ted Goldberg, Apr 10, 2019
When a major malfunction caused Valero’s Benicia refinery to spew out pollution last month, leading city officials to warn residents with respiratory issues to stay indoors, the agency that regulates air in the Bay Area had to send a van to monitor the situation.
That’s because there is no stationary air monitoring device in Benicia’s residential areas, even though the city is home to one of the largest refineries in California.
The Bay Area Air Quality Management District took a series of air samples, but none during the height of the emergency that Sunday morning of March 24, when a plume of black smoke filled the air for hours, convincing officials to issue a health advisory.
Several people called 911 to report breathing problems at the time of the refinery breakdown. The air district said it received about a dozen complaints.
There’s also no evidence that Valero monitored the air in those residential areas during the time period when the releases were most extreme.
The refinery problems sent soot into the air and followed two weeks of more minor releases that regulators thought were tapering off. The plume that morning eventually led Valero to shut down a large part of its facility, a move that has contributed to the increase in the cost of gas statewide in recent weeks.
Several public agencies and companies conducted air monitoring work to measure for a variety of chemicals that may have spewed from the refinery’s stacks.
Some local officials say those tests may prove that, for the most part, elevated levels of particulate matter and toxic gases did not waft into nearby residential neighborhoods.
Indeed, it looks so far like the pollution was not as bad as the extreme release of toxic sulfur dioxide that accompanied Valero’s May 2017 power outage, one of the Bay Area’s worst refinery accidents in years.
But Benicia’s mayor, along with a leading air quality expert and two local environmentalists, say these most recent releases confirm that the small North Bay city needs a more robust and coordinated strategy to measure what gushes out of its largest employer.
“It seems that right now, if there’s an incident, what happens is folks kind of drive around and see if they can catch the plume,” said Anthony Wexler, director of the Air Quality Research Center at UC Davis.
The refinery malfunctions began on March 11. Two days later, Valero hired an Arkansas-based consulting firm, the Center for Toxicology and Environmental Health (CTEH), to take air samples around the refinery to test for carbon monoxide, nitrogen oxide, sulfur dioxide and particulate matter.
During eight consecutive days of testing, the firm detected more than a thousand small readings for particulate matter less than 10 microns wide and 2.5 microns wide, known as PM 10 and PM 2.5, respectively.
That work ended when regulators and Valero believed the releases were coming to an end. On March 23, petroleum coke began again belching from the refinery’s stacks.
But the CTEH did not restart air sampling until the following afternoon, well after the health advisory had ended and officials told the public the air was OK.
Hollin Kretzmann, an attorney with the Oakland-based Center for Biological Diversity, said it’s concerning that the CTEH data does not include the time period during the height of the releases.
“There is a huge gap of data that we are missing,” Kretzmann said.
A CTEH spokesman referred questions to Valero, which declined to answer questions about the firm’s work.
Valero runs fence line monitors around the refinery, but the site that publishes its data includes a warning that all of its measurements should be considered “questionable until further notice” because several of its parts require adjustments before they can produce reliable and accurate data.
Air district monitoring efforts
On March 24 and 25, BAAQMD inspectors drove the agency’s mobile monitoring van near the refinery to measure for hydrogen sulfide, sulfur dioxide and carbon monoxide, as well as benzene, toluene and butadiene.
The agency compared those concentrations for acute, chronic and work-time exposure to state health standards, according to Eric Stevenson, the district’s director of meteorology and measurements
“What we saw in these results was nothing above those levels,” Stevenson said. “That being said, we did them on Sunday after a lot of the worst visual impacts were detected.”
Stevenson said the district did not collect air monitoring data when the health advisory was in effect in order to protect the health of its staff and because county officials did not request it.
“When the health department declares a shelter in place, we do our best to provide any information that they request. They didn’t request any information from us prior to that shelter in place,” Stevenson said.
Solano County spokesman Matthew Davis confirmed that the county did not request tests from the air district before it issued the health advisory.
‘”All of the air readings up to that point, during and afterwards, were ‘good’ to ‘moderate’ and at no time did the county or CTEH results show ‘unhealthy’ levels for sensitive individuals or the general public,” Davis said.
Elevated particulate levels
However, an air monitoring log from the Benicia Fire Department shows six occurrences when particulate readings were elevated in the early morning hours before the advisory. Fire crews did not take any samples during the hours-long health advisory.
“The fire department’s monitoring shows particulate matter pollution repeatedly spiked to very high levels, far higher than what would be considered safe for daily air quality,” Kretzmann said. “It raises big concerns for vulnerable people, like kids with asthma.”
The fire department’s log also includes several instances in which crews noted moderate to strong petroleum byproduct odors.
“This is concerning since those could be toxic,” said Wexler, the UC Davis air quality expert.
By the time Solano County inspectors restarted tests that morning, at 9:45 a.m., the particulate levels had dropped.
The county also tested areas in the refinery on one day to determine whether high levels of heavy metals were in the petroleum coke dust coming from the stacks.
Those tests revealed that the releases did not include elevated levels of heavy metals, according to Jag Sahota, the county’s environmental health manager.
Calls for change
“You can’t fix what you don’t know,” Benicia Mayor Elizabeth Patterson said in an interview on Monday.
Patterson said the city needs a stronger air monitoring program, money to run it and expertise to understand it, similar to the one in Richmond, where Chevron’s refinery is located. A program there provides air quality readings from monitors in three neighborhoods.
“It’s not helpful if you don’t know the full extent of the public impact,” said Patterson. “If you don’t have the personnel and you don’t have the funds and you don’t have a clear path of information, you don’t know what’s going on. You can’t take measures to protect public health and safety.”
“We really need to surround the plant with monitors in the neighborhoods where people are living and breathing,” he said. “If the facility can’t get control of its situation, it should incur some costs to protect the people who live in the region.”
Andres Soto, a Benicia resident and organizer for Communities for a Better Environment, said the city has gone too long without an efficient and robust air monitoring program.
“We need to have a very comprehensive monitoring system that is looking at both the greenhouse gases as well as the particulate matter,” Soto said. “We needed to do that 10 years ago. It’s beyond critical.”
Kretzmann, from the Center for Biological Diversity, said the refinery and air district do not have a plan in place to capture the most critical data when pollution threatens Benicia residents.
“There’s no telling what information we’re missing, and the community still doesn’t know the true extent of danger it’s facing,” he said. “The city needs a system that can accurately and comprehensively measure air pollution when dangerous events occur.”
More monitoring on the horizon
The air district said it’s planning to add monitoring stations to areas near all five of the Bay Area’s refineries.
“These stations will be sited to help evaluate and track refinery emission impacts in the surrounding communities,” said air district spokesman Ralph Borrmann, adding that the agency is “identifying and attempting to secure suitable space for the site in Benicia.”
Valero also plans to help fund work on community monitoring devices, as part of a 2003 settlement with a local environmental group. That group, called the Good Neighbor Steering Committee, is planning to hire staff to run a community air monitoring device in the city’s northwest corner.
That might ease the community’s concern but not lead to the best data, said Dr. Bela Matyas, Solano County’s health officer.
“More monitors would clearly give more refined information,” Matyas said. “But in places where that’s been done, that does not yield more accurate estimates of risk over the long term over that area.”
During major incidents, like Valero’s recent malfunction, he added, mobile air monitoring is still necessary to capture data that a stationary device would not be able to collect.
I remember back in Benicia’s crude-by-rail days, when Deputy Attorney General Scott Lichtig of Attorney General Kamala Harris’ staff wrote to the City of Benicia. He wrote first in 2014 urging revision of an “inadequate” Draft EIR, and again in 2016, defending the City’s right to deny a land use permit. Lichtig advised our city leaders, “For Benicia to turn a blind eye to the most serious of the Project’s environmental impacts, merely because they flow from federally-regulated rail operations, would be contrary to both state and federal law.”
There were a LOT of us who worked long and hard to defeat Valero’s dangerous and dirty oil train proposal. Local activists and folks from far and wide disagreed with City staff and Valero’s execs and highly paid attorneys. We criticized, protested and sent volumes of comments over the course of 3 ½ years. Scientific and environmental experts and friendly attorneys weighed in. But it was eye-opening for everyone when the Attorney General’s office got involved.
But… note that the AG letter wasn’t enough. It’s important here for us to not dwell on the past or get too optimistic. Stay tuned via Fresh Air Vallejo and keep up the good work.
…because ORCEM/VMT wants to run 552 trucks a day up and down Lemon Street! We stand in solidarity with residents, business owners and all of our neighbors in Vallejo. And it’s important to realize that the truck exhaust will travel by air west to east, settling, surely, in Glen Cove and Benicia.
Let’s hope the Vallejo City Council has the backbone Benicia had in 2016, to DENY THIS PROPOSED CATASTROPHIC PROJECT!
Vallejo City Manager Greg Nyhoff reiterated Tuesday night that a Final Environmental Impact Report (FEIR) being completed for a controversial south Vallejo project won’t be released until early next year.
Toward the end of the Vallejo City Council meeting, Nyhoff addressed the contents of a four-page advertising insert paid for by the project applicants and published in the Times-Herald on Nov. 22.
He took issue with a statement printed on top of the insert asserting that the FEIR being prepared for the Vallejo Marine Terminal, Orcem Americas project would be released “within a matter of days.”
“I just want to clarify — it looks like it’s official news. That’s not the case,” Nyhoff said to the councilors. “No — this report won’t be coming out within a matter of days.”
VMT and Orcem representative Sue Vaccaro said via email on Wednesday that the Times-Herald’s deadline to submit artwork for the insert was Nov. 9, several days prior to Nyhoff’s original announcement during the Nov. 13 council meeting that release of the FEIR would be delayed.
“By that time, due to the two weeks of lead time required in accordance with the newspaper’s specifications, there was not an opportunity to update that two-line reference,” Vaccaro wrote. “In short, we were acting in good faith based on the City Manager’s comments at the time the artwork was submitted for print … obviously, had we known what was coming out from the Attorney General’s Office and subsequent delay ordered by the City Manager, we wouldn’t have made that reference.”
However, in a phone interview on Thursday, Nyhoff disagreed, noting that despite previously saying in September that the FEIR would be released toward the end of November, both the city and applicants knew the report wouldn’t be released in November — even before the DOJ letter was sent to the city.
“Everyone still knew we weren’t going to meet that deadline,” Nyhoff explained. He said the city and consultants are still waiting to hear back from the Bay Area Air Quality Management District (BAAQMD), which is still reviewing information about the project.
Nyhoff said during the council meeting, and again on Thursday, that City Hall will also be looking into additional claims made in the insert, including the $1 million benefits program, and the Lemon Street maintenance program being offered by the applicants.
He said it’s important to make sure Lemon Street is going to be taken care of, due to the large volume of trucks trips — about 552 — expected daily. Nyhoff said analyzing truck traffic and its impact to surrounding streets near Lemon is also needed.
Earlier this month, the California Department of Justice sent city officials a 13-page letter warning that environmental documents, a draft final environmental impact report (DFEIR), an Environmental Justice Analysis (EJA), and Revised Air Analysis prepared for project are misleading and violate state law.
“The environmental documents for the project fail to provide adequate legal support for the City of Vallejo to approve the project,” Erin Ganahl, deputy attorney general for the State of California, 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.”
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.
City officials argued in 2017 that since a rejection was being recommended, an FEIR was not required.
Orcem and VMT appealed the Planning Commission decision, and in June 2017, when reviewing the appeal, a majority of the council — Jess Malgapo, Rozzana Verder-Aliga, Hermie Suna, and Pippin Dew-Costa — directed City Hall to complete the impact report.
Once the FEIR is completed, Nyhoff previously said the report will be circulated for at least 60 days prior to the council taking up the appeal again.