AN OPEN LETTER TO THE MAYOR & CITY COUNCIL

BENICIA IS AT A CROSSROAD: WILL YOU TAKE ACTION TO SAFEGUARD OUR HEALTH BY WORKING TO CLOSE VALERO NEXT APRIL OR LET THE STATE DECIDE OUR FATE?

By Dirk Fulton, June 26, 2025

OUR ALARMING CANCER RATES

There are several convincing reasons for the refinery to close as soon as possible. The most compelling is the significant adverse impact of Valero’s emissions on our health.

Benicia residents Dr. Richard Fleming and Stephen Golub have separately published well-researched articles describing that Benicia’s rates of cancer are much higher than Solano County and the State of California based on several data sources available from the County and the State.

I have many friends, neighbors and family members in town who are fighting cancer or have suffered from cancer. I imagine many of you do as well. The data is shocking:

• • Our rate of lung cancer appears to be 44% higher than the California rate.
  • Our prostate cancer rate appears to be 70% higher than the state’s.
  • Our breast cancer rate appears to be 94% higher than the state rate.

Thanks to the Air Board enforcement action against Valero, we now know that the refinery knowingly polluted us with highly toxic carcinogens over a recent 16-year period. The contaminants included known cancer-causing compounds like benzene, toluene, methylbenzene and xylene. The wrongful emissions exceeded Air Board standards by 360% and often constituted 2.7 metric tons of hazardous pollution daily.

Extensive medical studies from the United States (e.g., University of Texas Medical Branch) and internationally (e.g., Taiwan and Jordan) have found a well- documented connection between residents living in refinery communities and higher cancer rates. Benicia residents are unmistakably in harm’s way.

Some offer counter arguments that the above-described cancer data is “cherry-picked”, but they fail to offer any evidence or proof to support their claim. Until data is presented which indicates Benicia’s cancer rates are “normal”, the fact stands that the available data from the County and State shows that our cancer incidence is abnormally high.

THE CITY HAS A DUTY TO PROTECT US

The City of Benicia has an unconditional duty to protect our health and safety from toxic pollution no matter where the threat comes from. This is a basic obligation of local government that arises under its constitutionally guaranteed “police powers” to protect the health, safety and welfare of its community. The Industrial Safety Ordinance enacted by the City that was fought for tirelessly by community activists and opposed vigorously by Valero is a great start, but more action is needed. The recently established private “task forces” which lack formal public input and have no timetable for city action are not going to safeguard us from Valero’s cancer-causing pollution. If the city fails to act more broadly, it is exposing itself to potential liability for mass tort claims should Valero remain operating past its stated closure date of April 2026, as city leadership is now fully aware of Valero’s carcinogenic emissions, extensive record of violations and Benicia’s high cancer rates.

A summary of Valero’s environ-mental violations and penalties since 2003 clearly demonstrates the need for urgent action:

• • 2003-2005 EPA violations- $97,940.00
  • 2011-2015 Bay Area Air Board violations- $122,500.00
  • 2014-2016 EPA violations-$157,800.00
  • 2016 Bay Area Air Board violations- $249,000.00
  • 2017 Bay Area Air Board violations-$345,000.00 $191,500.00 settlements
  • 2021 Cal OSHA violations- $528,750.00
  • 2023 EPA violations-$1,224,000.00.00
  • 2024 CARB & Bay Area Air Board violations-$82,000,000.00
  • 2025 Bay Area Air Board violations pending (refinery fire)-$?

This astonishing record of chronic violations cries out for our city government to act to safeguard us from further harm, as the almost Eighty-Five Million Dollars ($85,000,000.00) in fines has not altered Valero’s conduct.

ACTIONS THE CITY CAN TAKE IMMEDIATELY

The Mayor and City Council should act right away as follows:

• • Lobby Governor Newsom, the California Commission Energy and our legislative representatives to close the refinery according to the legal notice by Valero establishing an April 2026 Closure date without exception or further delay.
  •  Inform Valero that if they fail to close as scheduled, the city will exercise its police powers to:
    • Declare Valero a public nuisance and seek injunctions to abate violations and impose local penalties. The City of Torrance took such action and successfully declared Mobil Oil’s refinery a public nuisance in court after an explosion and fire.
    • Use municipal code enforcement including the newly adopted ISO to fine and/or shut down unsafe operations.
    • Rezone the refinery footprint area to phase out heavy industrial uses creating a Non-Conforming Use allowing the city to stop oil refining should the refinery operations cease operations for 120 days or longer. The City of Torrance has adopted this approach and amended its zoning ordinance to create a framework for phasing out non-conforming hazardous uses like oil refineries.
    • Impose a refinery tax such as the $1-per-barrel refinery excise tax proposed by the City of Richmond regarding the Chevron refinery. Chevron settled with Richmond prior to a public vote agreeing to pay $550 million over 10 years.

 TRAVIS AFB FALLACY & MISLEADING FINANCIAL DATA SUPPLIED BY THE CITY DO NOT SUPPORT DELAYING CLOSURE

The information about Travis AFB’s viability if Valero closes put forth by the city in citizen-paid, direct mail pieces is misleading. A Valero closure in April 2026 will not cause a Travis AFB closure when true facts are examined. This has been confirmed to me by a very high-ranking federal official. Travis AFB has been in operation since 1942 supplying military support during WWII, the Korean War and the Vietnam War- for over 27 years before Valero began supplying it with jet fuel. Extensive energy pipelines run under the bay from northern California to the air base, which served Travis and can be utilized again.

Additionally, the projected revenue loss from a Valero closure has been overstated by millions of dollars because current income such as property tax remains payable and other losses can be replaced with alternative revenue streams. (I have set forth these items in detail in prior articles.) Such alternatives include income from increased residential real property taxes, excess water revenues, port fees, development fees and Air Board settlement monies ear-marked for Benicia.

A GREAT DAY FOR BENICIA CAN STILL BE ACHIEVED

The risks of cancer and related social costs of having a 1960s-era oil refinery dominate our town can be avoided. I hope that our city leaders and citizens embrace Valero’s offer to close next April and unite to “pull out all the stops” to make sure it does shut down. Only then can we undertake a comprehensive site clean-up and establish a promising post-refinery future.  By seizing this rare opportunity, we can restore our clean air and achieve an image of Benicia as a healthy, historic community with a small-town atmosphere, inviting downtown, safe neighborhoods, and great schools.

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Read Dirk Fulton’s series, A Great Day for Benicia

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Dirk Fulton, Lifelong Resident & former Solano County Planning Commissioner, Vice Mayor, City Councilman & School Board President
For More Information visit: www.greatdayforbenicia.com

VALERO: City Sponsored 3-Year Delay of Closure Endangers Our Health & Promotes Risk of Benicia Remaining a Refinery Town Forever

By Dirk Fulton, May 28, 2025

The long history of fires, explosions, shelter-in-place orders, and non-stop, cancer-causing toxic air emissions demand a Valero closure in April 2026 as announced. No later.

Using financial scare tactics to delay closure until 2029 as advocated by city officials is unjust to residents and plays into the hands of Valero, which remains vague about its plans.

PROLONGING HEALTH DANGERS

Clearly, the refinery is a bad neighbor. This is demonstrated by the $82 million Air Board fine recently imposed on Valero for the 16 years of secret, toxic emissions it spewed on our town.

We now know that Valero knowingly pollutes our air with toxins 24/7, measuring as much as 2.7 metric tons daily, which incredibly is 360% over Air Board maximums. There is a worrisome correlation between Valero’s troubling refinery operations and high asthma rates among Benicia’s children and high cancer rates, especially lung cancers, among our residents. Waiting until 2029 to regain clean air and protect our health cannot be justified.

WRONGFUL SCARE TACTICS 

The scare tactics used by the city to promote a three year closure delay are overstated and misleading. As I have set forth in prior articles, the largest income to the city from Valero is approximately $8 million in real property taxes. These taxes will not immediately cease upon refinery closure as its developable land and infrastructure improvements retain high inherent value and will increase once homes are constructed along the East Second Street corridor.

Several additional revenue streams are also available upon closure to offset any financial loss. These include:

• • Years-long, multi-million dollar residential and commercial development fees;
  • income from the city’s recapture of Valero’s fifty percent (50%) allocation of our domestic water supply;
  • “ Bridge to the Future” funds from the $82 million Air Board Valero settlement, of which $58 million is assigned to Benicia to mitigate damages from years of pollution;
  • a port tariff cargo fee similar to those earned by other California port cities, such as Richmond, Oakland, Los Angeles and Long Beach, which could measure $13 million annually;
  • increased sales and hotel (TOT) taxes as tourism blossoms;
  • and increased real property taxes on existing homes as values appreciate once the stigma of being a “refinery town” is alleviated.

Accordingly, the city’s leaders should stop spreading bad information.

EXTENDED DELAYS HURT CHANCE TO SHUT DOWN REFINERY– POTENTIALLY FOREVER 

Valero’s future remains unclear and there are reports it is lobbying Governor Newsom to ease environmental rules. The city-advocated three-year delay in closure plays to Valero’s advantage and, conversely, to the detriment of Benicia residents. There are three negative outcomes that a multi-year delay fosters:

1. 1. Valero can change its mind, whether or not it receives regulatory concessions from the state and continue to operate the refinery indefinitely. This result is in line with statements by a former Valero CEO who publicly stated that his company’s goal was “to keep Valero Benicia open as the last refinery operating in Northern California”.
   2. Valero can sell to another refinery operator, perhaps at a discounted price, which can decide to operate the refinery indefinitely. This result is like Shell Oil’s recent sale of the Martinez refinery to PBF, a shell entity controlled by a private equity group. This has led to one environmental disaster after another, severely harming that community.
   3. Valero can repurpose the refinery as another petrochemical type of operation. This result continues the prospect of the facility being an ongoing major polluter and pushes multi-million-dollar environmental cleanup down the road indefinitely.

PLANNING FOR BENICIA’S FUTURE WITHOUT A REFINERY SHOULD OCCUR IMMEDIATELY AND BE TRANSPARENT

The price is too high for the city to delay the closure of its major polluter for three additional years. Rather than “kicking the can down the road”, risking our health and the chance to close the refinery for good, the city should instead immediately hold community public hearings subject to the Brown Open Meetings Act to create a vision for Benicia without a refinery. This contrasts with private “Task Force” meetings not open to public input or scrutiny that can drag on indefinitely.

Dirk Fulton, Lifelong Benicia resident
Former Solano County Planning Commissioner, Benicia Vice-Mayor, City Councilman & School Board President

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Read Dirk Fulton’s series, A Great Day for Benicia

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