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Benicia City Council Initiates Draft Industrial Safety Ordinance Process

Benicia Industrial Health and Safety Ordinance (BISHO) spokesperson Terry Mollica spoke passionately in favor of adopting an ISO in Benicia, calling existing agreements with Valero “toothless.” | Image still from City of Benicia Dec. 19, 2023 City Council meeting.

 

FOR IMMEDIATE RELEASE

December 21, 2023 – Benicia, CA – On Tuesday, the Benicia City Council unanimously approved a proposal by Vice Mayor Terry Scott and Councilwoman Kari Birdseye to instruct staff, under the direction of a Council subcommittee led by the two, to conduct research, solicit substantial expert and public input and produce a resulting draft Industrial Safety Ordinance (ISO) for the city. If the Council then adopts the ISO, it will cover Valero Benicia Refinery as well as other industrial sites in Benicia that meet the determined criteria. 

“City Council’s primary responsibility is to safeguard the health, safety and well-being of our residents, businesses and visitors,” said Vice Mayor Scott. “That includes policing, fire protection, clean water, and now we have the opportunity to create an Industrial Safety Ordinance that provides common-sense legislation to transparently monitor and protect the air we breathe.”

“Benicia deserves a ‘state of the art’ industrial safety and health ordinance that will best protect our community,” said Councilwoman Birdseye. “We will take the lessons learned in other refinery towns, from county experts, and local community members who have been impacted by refinery pollution for decades.”

Benicia is the only Bay Area refinery city without an ISO, as other communities have realized the importance and value of strengthening their relationships with and oversight of their resident refineries. In lieu of an ISO, Benicia currently has a Cooperation Agreement (CA) with Valero, initiated in 2019 and due to expire in 2025. Many citizens and city leaders believe the CA has not been strong enough, given Valero’s continued lack of transparency in reporting numerous violations of federal and state law.

Well over a dozen Benicians testified about the issue at the Council meeting, almost all in favor of a strong ISO, providing both scientific data and personal experiences. One resident of Benicia’s East Side, the area most affected by Valero emissions and fumes, spoke movingly about his family’s and neighbors’ experiences in which his son’s elementary school was evacuated because of an air spill of toxic oil pollution from the Valero Asphalt plant. “The county gave us an emergency order to lock down. A teacher went to the hospital. Valero denied all responsibility. The City and state appeared powerless to do anything substantial to protect against another incident,” he said. 

Benicia Vice Mayor Terry Scott

“We can’t protect public health without knowing what is in the air we breathe,” Scott said. “Moving forward with an ISO gives the city an effective tool for providing our community with an additional level of enforcement and trust.” 

Earlier this year, a call for the passage of an ISO was launched by a group of concerned citizens who believe that Benicia needs ways of monitoring, obtaining information about and taking enforcement actions regarding Valero emissions. Called the Benicia Industrial Safey and Health Ordinance (BISHO) working group, the initiative has more than 150 supporters in the community. 

Benicia City Council Member Kari Birdseye.

“We are grateful to Vice Mayor Scott and Councilwoman Birdseye for bringing this critical concern to City Council and for the entire Council for their support,” said Terry Mollica, a leader of BISHO.  “We need to make sure our community is notified immediately of refinery and other industrial emergencies or failures to meet state and federal regulations. We also need strong, enforceable penalties for the failure to do so.”

“It is our hope that everyone involved, the City, Valero, and the community, will have a seat at the table,” continued Mollica. “It is in all our best interest that we work together to make Benicia a safer, healthier place for all of us.” 

To find out more about the issue, BISHO, and how to get involved, go to the organization’s website, www.bisho.org.

“We want as many people as possible to read the materials, recognize how important this issue is to our community and become supporters of a strong Industrial Safety and Health Ordinance,” Mollica said. 

BISHO Working Group Contact:
Terry Mollica, beniciaisho@gmail.com, (707) 385-9972

 

Benicia to move forward with regulation of Valero refinery

The Valero Benicia refinery | Scott Morris / Vallejo Sun.

Residents felt that state and regional regulatory agencies had not followed through on enforcement.

Vallejo Sun, by Ryan Gellar, December 20, 2023

BENICIA – The Benicia City Council voted unanimously on Tuesday to begin a community engagement process to create stronger regulations of the Valero refinery and other industries in the city through an industrial safety ordinance.

At Tuesday’s meeting, the council chambers were filled with community members who expressed concerns about deficiencies in Valero’s fence line monitoring, accident reporting and the company’s dismissal of community input.

Many felt that state and regional regulatory agencies have allowed delays in monitoring programs and had not followed through on key avenues of enforcement. Mistrust was also fueled by a revelation in 2022 that the Bay Area Air Quality Management District had discovered that Valero illegally released toxic emissions for 16 years but the agency failed to notify Benicia residents until three years after the discovery.

In 2018, the city council considered adopting an ordinance to regulate the refinery similar to legislation in Contra Costa County and Richmond, but instead formed a cooperative agreement with Valero which is set to expire in 2025. After four years of the cooperative agreement, residents said that it has not provided sufficient oversight of industrial practices in the city.

Mayor Steve Young encouraged residents to define the areas where the current agreement falls short to indicate a direction for provisions that could be included in an ordinance.

Benicia resident Terry Mollica, who was involved in the drafting 2018 ordinance proposal and spoke on behalf of the Benicia Industrial Safety and Health Ordinance working group, said that the deficiencies are too numerous to list at the meeting. But he highlighted a key issue that the working group found to be particularly problematic.“It has absolutely no enforcement mechanism,” Mollica said. “In fact it includes a provision that allows Valero to unilaterally terminate the entire cooperative agreement at any time if it thinks it is being over-regulated.”

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Ask City Council to protect Benicia’s health and safety at the Dec. 19 Council Meeting

A Message from the Benicia ISO Working Group:

The crucial City Council meeting on whether Benicia should consider an Industrial Safety Ordinance will take place on Tuesday, Dec. 19 at 6 pm at the City Council Chambers at City Hall, 230 East L Street, It is vital that supporters of a strong ISO attend and voice our support. Valero is gearing up to oppose this and may bring personnel to the meeting to voice opposition.

By attending and offering comments, you can offer support for the proposal by Vice Mayor Scott and Councilmember Birdseye, to be voted on by the Council on Dec. 19, instructing City staff to look into the possibility of Benicia adopting an ISO.

In addition, please voice support for not just the Scott-Birdseye proposal but for a strong ISO. This has become very important because of a highly problematic and highly unusual Benicia City staff report issued a few days ago. We will be in touch with more details in the next 24 hours.

If at all possible, your showing up early can help ensure that supporters of a strong ISO are near the front of the audience. But even if you can’t make it until later, that will be ok since other agenda items may take up some time.

Also, participation by Zoom is an option. You can find the link that explains how to access the meeting here: https://granicus_production_attachments.s3.amazonaws.com/benicia/5f807fdd4c4cce692977198f6f31acd30.pdf. 

Thanks very much for considering all this and for any support you can show for making Benicia safer and healthier for our kids, our older adults and all of us.

See www.bisho.org for more information.

Will a year of industrial accidents change the landscape of East Bay’s ‘refinery row’?

[Note from BenIndy: This tidbit from the article below says a lot  – “According to the regional air quality district, the number of flaring events nearly doubled last year, the most since 2019. The trend has been increasing in the last five years. That rise has led some observers to question whether these century-old refineries have reached the end of their lifecycle.” And: “’If I’ve learned one thing, it’s that nothing is going to happen overnight,’ [Healthy Martinez member Heidi] Taylor said. ‘But I believe the cumulative pressure is going to bring about a new era, and I am here for it.’” Thanks, Heidi. We’re here for it too.]

At 12:42 a.m. what appears to be a flare up is occurring at the Martinez Refinery in Martinez, Calif., on Saturday, Sept. 23, 2023. | Jose Carlos Fajardo / Bay Area News Group.

An aging industry is angering locals and sparking multiple investigations

East Bay Express, by Will McCarthy, December 16, 2023

On Friday morning, Contra Costa County Public Health warned residents about a new flaring incident at the Martinez Refinery. The agency said that unidentified chemical odors in the air could be related to the event and that “eye, skin, nose or throat irritation may be possible for some people in the affected area.”

The public health advisory in Martinez came exactly one week after the air surrounding the Chevron oil refinery in Richmond took on the distinct smell of burning tires. Over a hundred local residents, disturbed by the noxious odor, reported it to the local air quality agency.

Both incidents, although by no means the most dramatic, were more mishaps in a long year of refinery accidents and violations in the East Bay industrial cluster that forms a sort of refinery row.

Refineries have long been part of the Bay Area’s economic and energy ecosystem. Many of them have existed for over a hundred years and still serve as a significant tax base for cities and a source of reliable union jobs. This is not the first year that refineries have flared, nor is it the first year there have been facility accidents.

In November, an employee received third-degree burns covering most of his body after a fire erupted at Marathon Petroleum’s refinery in Martinez, the second fire that month. A power outage at the Chevron refinery, also in November, caused an enormous plume of black smoke to billow out of the facility for hours. Over the course of 13 months, the Martinez Refining Co., owned by petroleum giant PBF Energy, scattered coke dust and spent catalyst containing heavy metals over the surrounding town, including a high-profile incident the day after Thanksgiving last year that brought a new level of attention to the refinery’s mishaps and another that came just hours before the local high school’s spring homecoming parade.

After an investigation of the odor on Dec. 8, the Bay Area Air Quality Management District determined Chevron’s bioreactor was to blame. The agency issued a public nuisance notice of violation to Chevron — its 35th violation of the year and second in two weeks.

As the region and the nation plot a clean-energy transition, some advocates are asking whether these high-profile incidents are the last gasps of a dying industry that will try to reap as many profits as possible before they are gone.

“Companies are willing to put not just the local communities but their own workers at risk for profit,” said Jacob Klein, organizing manager for the San Francisco Bay Area chapter of the Sierra Club. “Community safety and worker safety does not seem to be their priority.”

As a result of the most recent accidents, numerous agencies have started investigations into the refineries’ safety practices. The U.S. Chemical Safety Board, the Contra Costa District Attorney’s office, the EPA and even the FBI all have ongoing investigations. Residents of Martinez have filed a class-action lawsuit against the Martinez Refining Company for its chemical releases.

As the calendar moves toward January, Bay Area community advocates are determined not to repeat more of the same next year. Instead they aim to build on the activism that grew after the Thanksgiving incident to permanently transform the relationship between refineries and the community.

“With all of these mishaps affecting more and more people, more and more people are being educated and are educating themselves about these issues,” said Heidi Taylor, a member of Healthy Martinez, a local watchdog group that emerged in the aftermath of the spent catalyst release. “We haven’t seen solutions come to fruition, necessarily, but I do believe there is hope on the horizon.”

According to the regional air quality district, the number of flaring events nearly doubled last year, the most since 2019. The trend has been increasing in the last five years. That rise has led some observers to question whether these century-old refineries have reached the end of their lifecycle.

“The Bay Area’s dangerous, aging refineries are all roughly 125 years old,” said Shosana Welscher, an organizer with Sunflower Alliance and the Refinery Transitions Group. “It’s well over time to decommission them and remediate the contaminated land they occupy for safer, cleaner uses.”

In a statement, the Martinez refinery said that it continues to be committed to earning the right to operate in Martinez.

When asked to comment for this story, the Martinez Refinery Company issued a statement saying, “We have apologized to our neighbors for falling short of meeting that commitment. We have implemented corrective actions, continue to cooperate with all government agencies, and have enhanced our communications with our neighbors and public officials.”

A spokesperson for Chevron, meanwhile, said the air district often provides notices of violations in batches and are sometimes issued years after the actual occurrence. They noted that because of their modernization efforts and investments in new technologies, particulate matter emissions have fallen by 36% since 2018, and flaring events have fallen in the last two years.

Chevron places the highest priority on the protection of employees, communities, and the environment, and continually works to enhance the safety of our operations,” said Caitlin Powell, an external communications advisor for Chevron Richmond.

In a presentation to the Martinez City Council in October, refinery manager Daniel Ingram positioned the company as a crucial player in the California energy economy, one that manufactures 20% of the Bay Area’s gasoline supply and 40% of the region’s jet fuel. Although refineries are a significant contributor to air pollution in the Bay Area, they are not the highest — motor vehicles and wildfires both are larger contributors to overall pollution in the region, according to the air district.

But to some, the refineries across the region are emblematic of the country’s slow shift away from fossil fuels. That creates some cognitive dissonance, where California may chart a clean-energy future as refineries around the bay continue to refine oil for overseas markets.

“We could all end up driving Teslas and the refineries polluting more and blowing up more in our communities,” said Greg Karras, a consultant on refinery transitions. “That’s one possible future.”

Still, to community advocates, that is just one of many possible outcomes. Another future is one in which increased public scrutiny and public control prevents the types of accidents and releases that occurred this year.

“If I’ve learned one thing, it’s that nothing is going to happen overnight,” Taylor said. “But I believe the cumulative pressure is going to bring about a new era, and I am here for it.”