All posts by BenIndy

Clean Air Act, Martinez CA, Martinez Refining Company, PBF Energy Martinez

Martinez supervisors deliver letter outlining demands to refinery

[Note from BenIndy: There’s been a whirlwind of activity around Contra Costa’s troubled refineries this week. After a surprise inspection, Contra Costa Health CEO Anna Roth issued an open letter putting Martinez Refining Company “on notice” for ongoing violations before listing a series of demands . (You should really read the letter. Go on. We’ll wait.) Check out the links below the article for more information. This is all fascinating, motivating stuff for residents interested in enacting an industrial safety ordinance in Benicia. Accountability and transparency should be easy between good neighbors.]

The Martinez Refining Co. is the focus of a joint civil action over its release of heavy-metal laden dust. | Scott Strazzante / The Chronicle.

The list of demands also included records of work stoppage orders and near-miss incidents.

NBC Bay Area / Bay City News, by Tony Hicks, December 28, 2023

Contra Costa County Board of Supervisors chair John Gioia and vice chair Federal Glover met with management of Martinez Refining Company on Thursday to discuss county concerns over the company’s frequency of chemical releases and other incidents since Thanksgiving 2022 when the refinery sent 20 to 24 tons of chemicals into the surrounding community.

The supervisors also delivered an open letter to Daniel Ingram, the refinery manager, from Anna Roth, the chief executive officer of Contra Costa Health, documenting incidents and ordering refinery owner PBF Energy to provide CCH’s regulators with full access to the facility, documentation related to deferred maintenance of equipment, and access and data related to maintenance and safety practices.

CCH and the Bay Area Air Quality Mangement District began a surprise inspection of the refinery this week that could last days, or even weeks, a CCH official said.

The letter, dated Thursday, called the number of releases and other incidents “unacceptable” and said they’ve “compromised health and safety at your facility, and in our community.”

“In the past year, CCH has documented 21 releases or spills of hazardous materials at the Martinez refinery,” the letter said. “According to the County’s Community Warning System records, PBF also reported using flares — devices that should only be used as an emergency safety measure to prevent more serious incidents — at a rate of nearly once per week. CCH has documented 46 flaring incidents at the refinery since November 2022.”

Roth wrote PBF is responsible for “ensuring the reliability of its systems and establishing and maintaining a culture of safety at the refinery. The number of incidents at the refinery over the past year is unacceptable for a facility operating in Contra Costa County and points to an apparent fundamental lack of investment on the part of PBF in ensuring the reliability of its systems and maintaining a facility that is safe for its workers and the neighboring community.”

Roth also included a statement Tuesday from BAAQMD executive director Philip Fine saying the air district has joined forces with the Contra Costa County District Attorney’s Office on civil enforcement against the refinery.

“The recent air quality violations at MRC are troubling and unacceptable. The Air District shares the community’s concern and outrage about these events,” Fine said in the statement. “We are actively investigating and pursuing all legal avenues to ensure MRC is compliant with our regulations and that future violations and community disruptions are minimized.”

Roth wrote, “CCH will not tolerate unsafe business practices at the refinery” and officially notified PBF of CCH actions, including “Beginning immediately, PBF shall allow CCH employees and agents onsite at all times and permit them access to any part of the facility upon request.”

She also wrote that PBF will give CCH all documentation relating to deferred maintenance of equipment at MRC no later than 10 a.m. Jan. 2, for CCH to decide the facility’s work plan for addressing deferred maintenance moving forward.

CCH also wants a list of every employee and resident contractor working at MRC, including job titles and description of responsibilities, and wants the ability to interview them without PBF management present.

The list of demands also included records of work stoppage orders and near-miss incidents.

CCH also reserved the right to come inside the refinery “during any incident that has the potential to impact public health or the environment in accordance with all applicable laws.”

Roth wrote CCH “reserves the right to modify the Community Warning System level of any incident impacting public health without consulting PBF. All costs associated with incident response will be borne by PBF.”

The letter also said, “At least two weeks before PBF’s planned turnaround in early 2024, PBF shall provide to CCH a comprehensive plan outlining when planned flaring will occur during the turnaround and what steps the facility will take to minimize the amount of flaring.”

A turnaround is a scheduled event in which an entire process unit is taken offline for an extended period for work to be carried out.

During that time, CCH wants observers onsite at all times and access to any part of the facility.

Roth ended the letter by writing, “We look forward to collaborating with PBF on our mutual goal of making this facility the good neighbor it aspires to become.”

More about Contra Costa’s search for accountability and transparency from refineries:

Bay Area Air Quality Management District (BAAQMD), Benicia CA, Industrial Safety Ordinance (ISO), Keeping Watch on Earth News, Stephen Golub, Valero Benicia Refinery

It Takes a Village…and a Scott…and a Birdseye

Valero’s Benicia Refinery. | Pat Toth-Smith.
Benicia resident and author Stephen Golub

By Stephen Golub, first published in the Benicia Herald on December 24, 2023

Benicia got an early gift from Vice Mayor Terry Scott, Councilwoman Kari Birdseye and the rest of the City Council Tuesday night, December 19, when the Council unanimously voted to move ahead on putting together an industrial safety ordinance (ISO) that will help protect our kids, our older citizens and all of us against the risks of toxic emissions and potential fires/explosions. The decision capped months of patient, arduous work by Scott and Birdseye, who sought to address the views of all concerned parties along the way, resulting in their proposal that triggered the vote.

To be clear, the vote was to start a process, rather than to approve an ISO itself. But after an ISO is drafted and then presumably adopted next year, it will help us stay informed about accidents, incidents, violations, maintenance issues and other developments at Valero (and potentially other major industrial facilities in Benicia) that could affect our safety and health. It could enable Benicia to take preventive and enforcement action when necessary.

This contrasts with our current situation under a voluntary cooperation agreement with Valero, which provides for very limited information for and no enforcement by Benicia. For example, the refinery poured toxic emissions hundreds of times the legal limits into our air for well over a decade, until at least 2019. Even after the Bay Area Air Quality Management District learned of those emissions, that regional regulatory body failed to inform us about them for nearly another three years. We only found out in 2022.

Rather than being left out of the mix, Benicia needs a true seat at the table in order to get such information and take action. An ISO provides such a seat. The cooperation agreement and other current arrangements clearly don’t.

In the spirit of the holidays, I won’t delve into the substance of the debate any further. But I will emphasize that nothing about the ISO, or the effort to adopt it, is directed against the many fine Benician friends and neighbors who work at Valero or who are retirees from its facilities. Quite the contrary: The goal is to bolster safety and health for all of them as well as for the community as a whole.

Smoke from the Valero Benicia refinery during a 2017 incident. | Bay Area Air Quality Management District.

In fact, the hope is also that Valero’s leadership sees this is an opportunity to work with the City to provide its legitimate input. It would be a shame if the corporation walked away from such cooperation. Especially in view of Benicia’s budget problems and their implications for public safety, we need to pull together at this point rather than pull apart. Prompting bad national publicity, spurring divisions locally and other counterproductive fallout will do no good. Far better to act as a good neighbor.

Scott spearheaded the Council deliberations on Tuesday by highlighting how Benicia could construct a model industrial safety ordinance, learning from the experience of the other Bay Area refinery communities, all of which already have ISOs – which, by the way, fees on affected facilities pay for, rather than residents doing so.

Birdseye stood stalwart in repeatedly and successfully pressing for a vote even when there apparently was some temporary hesitancy or lack of clarity about how to proceed.

Thanks to Mayor Steve Young and Councilmembers Tom Campbell and Trevor Macenski, the motion was approved unanimously. And a bit of history was made: Reflecting community sentiment expressed at the meeting and elsewhere, as well as relevant research and experience, the Council decided that it wanted an ISO. If the resulting ordinance is true to that sentiment, research and experience, the ISO will be a strong one.

Thus, the devil will be in the details of what the eventual ordinance entails – something to be decided in the coming months under the direction of a subcommittee led by Scott and Birdseye. But this was a crucial first step.

So big kudos to Scott and Birdseye in particular for making this happen and making history for Benicia. And to the Mayor and other Councilmembers for backing an ISO. Thanks, too, to Fire Chief Josh Chadwick and other hardworking Benicia City staff members for the work they have done and will put into making all this a reality.

Last but not least, let’s also acknowledge the contributions of many other members of this wonderful village we call Benicia. Namely, the many Benicians who spoke, wrote letters and otherwise advocated for an ISO – spurred in part by the Benicia Industrial Safety and Health Ordinance (BISHO) alliance. To join the more than 150 supporters of this effort, or simply to find out more about this matter, please check out the group’s website at www.BISHO.org.

And have safe, healthy and happy holidays!

Subscribe to the Benicia Herald and keep local news alive!

The Benicia Herald  does not have an online edition. To support our local newspaper, please subscribe by email at beniciacirculation@gmail.com or by phone at 707-745-6838.

Join the BISHO movement

There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.

Air pollution, Benicia City Council, Industrial accidents, Industrial Safety Ordinance (ISO), Mary Susan Gast, Poetry

On the Pursuit of an ISO for Benicia: “Air” – A Poem by Mary Susan Gast

In celebration of the Benicia City Council’s recent unanimous vote to direct staff to pursue the framing of an Industrial Safety Ordinance, Mary Susan Gast has shared her adaptation of the lyrics to the song “Air.” She notes, “In the summer of 1970 I was offered the role of Jeanie in the Detroit production of Hair. I declined, but I’ve always wanted to sing Jeanie’s song from that musical.  Here is my variation from 2018 on Jerome Ragni and Jim Rado’s composition from 1968.”

AIR

Welcome! sulphur dioxide, Hello! hydrogen sulfide,
The air, the air
Is everywhere—

Breathe deep, while you sleep,
Breathe deep.

Bless you, particulate matter,
Oxides of nitrogen scatter
Benzene, benzene
Is in the air—

Breathe deep, while you sleep,
Breathe deep.

Cataclysmic emissions,
Invisible toxic conditions,
Vapor and fume
From a towering plume,
Breathing in that sullen perfume
Sends us to the emergency room.

Welcome! sulphur dioxide,
Hello! hydrogen sulfide,
The air, the air
Is everywhere.

Breathe deep, while you sleep,
Breathe deep,
Deep, deep, deep-da-[cough cough]deep.

Adapted by Mary Susan Gast
from Jerome Ragni and Jim Rado’s “Air”

California Forever Inc., Fairfield CA, Flannery Associates, Solano County CA, Solano County Orderly Growth Committee, Solano County Water Agency, Solano Together, Travis Air Force Base, Vallejo CA

Opinion: Billionaires Turn to Legal Bribery in Quest to Build Utopia

Photo Illustration by Kelly Caminero. | The Daily Beast / Getty.

Daily Beast, by Michael Daly, December 21, 2023

The tech billionaires seeking to build a shining new city in Northern California started with secrecy and pressure tactics.

They are now resorting to what amounts to bribery disguised as philanthropy.

The initially anonymous investor group operating under the generic name of Flannery Associates—which now calls itself California Forever—generated widespread suspicion during the five years it purchased more than $800 million worth of largely agricultural land in Solano County.

As anyone outside Silicon Valley could have foreseen, the billionaires sowed considerable ill will when they filed a $510 million antitrust suit against those who balked at accepting even an inflated price for farmland that has been in their families for generations.

The result was a series of decidedly negative receptions at six town halls that California Forever CEO Jan Sramek began hosting in late November. As Sramek has acknowledged, the project will need voter approval to build on land that is now zoned solely for agriculture.

In a cynical ploy at the final town hall meeting Monday, Sramek announced that California Forever is accepting applications for $500,000 in “community grants” to local nonprofits.

“For too long, nonprofits in Solano County have received far less funding when compared to other Bay Area counties,” Sramek said. “The California Forever project wants to help narrow that funding gap.”

Sramek was citing a United Way study, which found that Solano County has 6 percent of the Bay Area’s population, but gets less than 1 percent of the funding for nonprofits. He spoke as if California Forever is seeking to right a wrong in the county where it is wagering nearly $1 billion that it can change local use laws and make the super-rich even richer.

But where were Sramek and his deep-pocketed billionaires before they decided they needed to buy votes along with more than 60,000 acres? They could have donated to Solano groups at any point if they were so concerned about the disparity. California Forever did not respond to a Daily Beast request for comment.

A 22-year-old named Aiden Mayhood, whose family has been farming in the county for seven generations, was at Monday’s meeting. He later told The Daily Beast that many of those in attendance recognized Sramek’s offer for what it was.

“A lot of people I think viewed it as almost like bribing,” Mayhood said.

Sramek named six “initial recipients” of the grants, among them the Solano Land Trust. For the county’s conservation organization to have accepted a grant from California Forever implied some measure of approval. And farmers such as Al Medvitz, who have conservation easement arrangements with the Trust, were concerned.

“That creates some consternation for us,” Medvitz told The Daily Beast.

But Medvitz reassured himself that he and the other farmers should still trust the Trust even when billionaires were involved

“Money is pretty powerful, but it isn’t all-powerful,” he said.

As it turns out, Sramek’s performance at the town hall meeting was misleading. The Solano Land Trust says it neither sought nor received funding from California Forever.

“No, we haven’t applied for a grant,” the trust’s executive director, Nicole Braddock, told The Daily Beast.

Braddock said the trust received a personal, anonymous donation that turned out to be from Sramek and his wife for its Put a Child on The Land program, in which school kids visit pristine undeveloped spaces such as Lynch Canyon.

“We’re learning that the donor no longer considers it anonymous, which is why I can talk to you about it,” she said.

She also said, “We never take money from individuals or businesses that require endorsement support, favors influence or quid pro quo. That wasn’t part of this or any other donation that we take. And we also have taken no position on the plans of Flannery/California Forever.”

A road sign is posted near a parcel of land purchased by Flannery Associates near Rio Vista, California. | Josh Edelson / AFP via Getty.

 

The donation from Sramek and his wife was made at the Solano Land Trust’s annual Sunday Supper in October. The fundraiser was also attended by Maryn Anderson, a 34-year-old high school teacher whose father is a fourth-generation Solano County farmer and has refused to sell. She introduced herself to Sramek.

“I said, ‘Hi, my name’s Maryn Anderson,’ and he immediately knew who I was,” she recalled. “And I said, ‘You are suing me and my family and my community for $510 million.’”

She later told The Daily Beast, “My main message to him was, ‘You have big amends to make in this county if you really want to go forward with this project. I don’t want you to be successful, but I’m telling you, if you do want to go forward, you have amends to make, specifically with how you’ve treated many of the farmers.”

She concluded that Sramek does not understand that most of the people who did sell to him are no longer active farmers and were only leasing their property to those who are. Many active farmers have a deep attachment to the land that seems beyond Sramek’s comprehension.

“He just can’t see why we wouldn’t sell,” she recalled.

Of the California Forever crew, she says, “It was like we confused them when we said, ‘No, there’s not really an amount of money that we would sell for. We care about what we do. We believe in what we do. We believe in agriculture.’ They would just look at you like, ‘What’s wrong with you?’ You know, it doesn’t compute that money couldn’t buy something.”

Anderson saw Sramek again at a town hall in Rio Vista on Dec. 5. She rose to speak and offered him a way to make amends.

“Will you commit to dropping the lawsuit against the local farmers who are not aligned with your vision, in a goodwill attempt to change the way that you are interacting with our community?” she asked.

Sramek seemed to believe that the farmers who did not sell were conspiring to hold out for more.

“Illegal and criminal,” he said.

California Forever has pressed ahead with the lawsuit even as Ian Anderson and his co-defendants filed a pending motion to dismiss on the grounds there was no wrongdoing. The mounting legal bills are enough to ruin a farmer.

“They, they want us to get in line or get outta the way, and they’re happy to… crush you in order to get what they want,” Anderson said.

And now that its disgraceful behavior leaves it in need of currying favor with voters, billionaire-backed California Forever suddenly says it wants to ensure Solano County’s nonprofits get their fair share.

The nerve of these people.

More about California Forever on the Benicia Independent: