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BREAKING – Air District seeks abatement order for extensive air quality violations at Valero

[Note from BenIndy Contributor Nathalie Christian: Please note that this BAAQMD news release regards separate and new violations distinct from the 16 years of undisclosed, unchecked emissions at the Valero-operated refinery that were first reported in early 2022. According to this release, Valero has also failed to measure and report widespread hydrogen emissions violations at the Benicia Refinery – for up to a decade. The risk to our community is presently unknown. What is known is that our ‘good neighbor’ Valero is failing our community and will continue to do so unless oversight and remediation mechanisms improve. After yet another decades-long series of violations, a pattern of alleged dangerous incompetence at best, and lawless disregard for our community and environment at worst is clearer than ever. Benicia deserves better, and you can help. The Air District will hold a hearing to consider issuing the abatement order, where the public can participate and demand action. I will post the notice for that hearing when it is scheduled, and you can sign up for Hearing Board updates at https://www.baaqmd.gov/contact-us/sign-up-for-information. The bolded elements below reflect my added emphasis.]

Requested abatement order would require the refinery to install pollution control equipment

Valero’s Benicia Refinery.  Pat Toth-Smith.

FOR IMMEDIATE RELEASE: August 10, 2023
CONTACT: communications@baaqmd.gov

SAN FRANCISCO – The Bay Area Air Quality Management District announced today that it is seeking an abatement order from the agency’s independent Hearing Board to require Valero Refining Co. to cease ongoing violations of Air District regulations at its Benicia refinery.

The Air District is seeking an abatement order to require Valero to install pollution control equipment on eight pressure relief devices, or PRDs, installed on the refinery’s hydrogen compressor unit. PRDs are safety devices used to prevent extreme overpressures that could cause catastrophic equipment failure – not unlike the pressure relief valve on a home pressure cooker, but on an industrial scale.

Air District regulations require pollution control equipment to be installed on PRDs that experience two or more releases within five years. Valero’s PRDs have been subject to these requirements for years, and in some cases for over a decade, but Valero has failed to install the required pollution control equipment.

“The extensive violations discovered at Valero’s Benicia refinery are of great concern and the Air District is seeking an abatement order to ensure that Valero takes action to prevent harmful emissions from impacting the communities surrounding the refinery,” said Alexander Crockett, the Air District’s chief counsel. “Our priority is to protect the health and well-being of our communities, and we will vigorously pursue enforcement measures to achieve cleaner and safer air for all residents of the Bay Area.”

PRDs release emissions during upset conditions and not on a day-to-day basis. However, when PRDs releases do occur, the emissions go directly to the atmosphere unless they are captured and/or abated. The Air District is seeking this abatement order to require abatement equipment to prevent emissions from going into the atmosphere if and when any PRDs do experience releases.

Air District staff discovered these PRD violations in connection with an investigation into a series of widespread violations involving Valero’s hydrogen system, including extensive emissions from a hydrogen vent for which the Hearing Board issued an abatement order in 2022. Valero is required to report releases from its hydrogen system PRDs to the Air District, but it failed to do so for over ten years. As a result, these ongoing violations did not come to light until the Air District conducted further investigations after it found the hydrogen vent violations.

The Air District’s Hearing Board is an independent tribunal created by state law with the power to order violators to cease operating until they come into compliance with Air District regulations. Hearing Board proceedings are open to the public, and the public is encouraged to participate and comment when the Hearing Board holds a hearing to consider issuing the requested abatement order. Once the hearing is scheduled, a link will be posted on the Air District’s website at www.baaqmd.gov. The public can also sign up for Hearing Board updates at https://www.baaqmd.gov/contact-us/sign-up-for-information.

The Hearing Board is not empowered to impose monetary penalties for violations of Air District regulations. The Air District will take separate enforcement action to assess penalties for these violations to the maximum extent provided for by law. The purpose of this abatement order request is to seek an order requiring Valero to cease its ongoing violations with respect to these PRDs and immediately come into compliance.


Read more! As Air Quality is so essential to our health, you might want to check out these resources:

Air pollution linked to rise in antibiotic resistance that imperils human health

[Note from BenIndy Contributor Nathalie Christian: Air pollution and climate change’s impact on public health is so much varied and vast than a lot of people realize. Self included.]

Global study suggests connection has been strengthened over time across every country and continent.

The Guardian, by Andrew Gregory, August 7, 2023

Air pollution is helping to drive a rise in antibiotic resistance that poses a significant threat to human health worldwide, a global study suggests.

The analysis, using data from more than 100 countries spanning nearly two decades, indicates that increased air pollution is linked with rising antibiotic resistance across every country and continent.

It also suggests the link between the two has strengthened over time, with increases in air pollution levels coinciding with larger rises in antibiotic resistance.

“Our analysis presents strong evidence that increasing levels of air pollution are associated with increased risk of antibiotic resistance,” researchers from China and the UK wrote. “This analysis is the first to show how air pollution affects antibiotic resistance globally.” Their findings are published in the Lancet Planetary Health journal.

Antibiotic resistance is one of the fastest-growing threats to global health. It can affect people of any age in any country and is already killing 1.3 million people a year, according to estimates.

The main drivers are still the misuse and overuse of antibiotics, which are used to treat infections. But the study suggests the problem is being worsened by rising levels of air pollution.

The study did not look at the science of why the two might be linked. Evidence suggests that particulate matter PM2.5 can contain antibiotic-resistant bacteria and resistance genes, which may be transferred between environments and inhaled directly by humans, the authors said.

Air pollution is already the single largest environmental risk to public health. Long-term exposure to air pollution is associated with chronic conditions such as heart disease, asthma and lung cancer, reducing life expectancy.

Short-term exposure to high pollution levels can cause coughing, wheezing and asthma attacks, and is leading to increased hospital and GP attendances worldwide.

Curbing air pollution could help reduce antibiotic resistance, according to the study, the first in-depth global analysis of possible links between the two. It also said that controlling air pollution could greatly reduce deaths and economic costs stemming from antibiotic-resistant infections.

The lead author, Prof Hong Chen of Zhejiang University in China, said: “Antibiotic resistance and air pollution are each in their own right among the greatest threats to global health.

“Until now, we didn’t have a clear picture of the possible links between the two, but this work suggests the benefits of controlling air pollution could be twofold: not only will it reduce the harmful effects of poor air quality, it could also play a major role in combatting the rise and spread of antibiotic-resistant bacteria.”

Although air is recognised as being a direct pathway for disseminating antibiotic resistance, there is limited data on the different pathways that antibiotic resistant genes are carried via air pollution.

Potential pathways include hospitals, farms and sewage-treatment facilities that emit and spread antibiotic-resistant particles through the air and then across wide distances.

Until now, there was limited data on how much influence PM2.5 air pollution – which is made up of particles 30 times smaller than the width of a human hair – has on antibiotic resistance globally.

Sources of PM2.5 include road traffic, industrial processes and domestic coal and wood burning. Data indicates 7.3 billion people globally are directly exposed to unsafe average annual PM2.5 levels.

The authors created an extensive dataset to explore whether PM2.5 was a key factor driving global antibiotic resistance, using data for 116 countries from 2000 to 2018. The data sources included the World Health Organization, European Environment Agency and the World Bank.

The findings indicate antibiotic resistance increases with PM2.5, with every 10% rise in air pollution linked with increases in antibiotic resistance of 1.1%.  

The association has strengthened over time, with changes in PM2.5 levels leading to larger increases in antibiotic resistance in more recent years. The analysis indicates antibiotic resistance resulting from air pollution was linked to an estimated 480,000 premature deaths in 2018.

A modelling of possible future scenarios indicates that if there were no changes to current policies on air pollution, by 2050 levels of antibiotic resistance worldwide could increase by 17%. The annual premature death toll linked to antibiotic resistance could rise to about 840,000. [Emph. added by BenIndy Contributor.]

The authors acknowledged limitations to their study. A lack of data in some countries may have affected the overall analysis, they said.

The study was observational, so could not prove cause and effect. Future research should focus on investigating the underlying mechanism of how air pollution affects antibiotic resistance, they said.

A second study published in the journal BMJ Mental Health found that exposure to relatively high levels of air pollution was associated with increased use of community mental health services by people with dementia. The long-term study focused on a large area of London with heavy traffic.

Woohoo! Voters in Ohio reject GOP-backed proposal that would have made it tougher to protect abortion rights

[Note from BenIndy Contributor Nathalie Christian: I’m in a rush to get this out and spread the good news so we’re missing some good pictures from the original article. I’ll drop them in soon.]

AP, by Julie Carr Smyth and Samantha Hendrickson, August 8, 2023

COLUMBUS, Ohio – Ohio voters on Tuesday resoundingly rejected a Republican-backed measure that would have made it more difficult to change the state’s constitution, setting up a fall campaign that will become the nation’s latest referendum on abortion rights since the U.S. Supreme Court overturned nationwide protections last year.

The defeat of Issue 1 keeps in place a simple majority threshold for passing future constitutional amendments. It would have raised that to a 60% supermajority, which supporters said would protect the state’s foundational document from outside interest groups.

Opposition to the proposal was widespread, even spreading into Republican territory. In fact, in early returns, support for the measure fell far short of former President Donald Trump’s performance during the 2020 election in nearly every county.

Dennis Willard, a spokesperson for the opposition campaign One Person One Vote, called Issue 1 a “deceptive power grab” that was intended to diminish the influence of the state’s voters.

“Tonight is a major victory for democracy in Ohio,” Willard told a jubilant crowd at the opposition campaign’s watch party. “The majority still rules in Ohio.”

A major national group that opposes abortion rights, Susan B. Anthony Pro-Life America, called the result “a sad day for Ohio” while criticizing the outside money that helped the opposition — even though both sides relied on national groups and individuals in their campaigns.

While abortion was not directly on the special election ballot, the result marks the latest setback for Republicans in a conservative-leaning state who favor imposing tough restrictions on the procedure. Ohio Republicans placed the question on the summer ballot in hopes of undercutting a citizen initiative that voters will decide in November that seeks to enshrine abortion rights in the state.

Other states where voters have considered abortion rights since last year’s Supreme Court ruling have protected them, including in red states such as Kansas and Kentucky.

Interest in Ohio’s special election was intense, even after Republicans ignored their own law that took effect earlier this year to place the question before voters in August. Voters cast nearly 700,000 early in-person and mail ballots ahead of Tuesday’s final day of voting, more than double the number of advance votes in a typical primary election. Early turnout was especially heavy in the Democratic-leaning counties surrounding Cleveland, Columbus and Cincinnati.

One Person One Vote represented a broad, bipartisan coalition of voting rights, labor, faith and community groups. The group also had as allies four living ex-governors of the state and five former state attorneys general of both parties, who called the proposed change bad public policy.

In place since 1912, the simple majority standard is a much more surmountable hurdle for Ohioans for Reproductive Rights, the group advancing November’s abortion rights amendment. It would establish “a fundamental right to reproductive freedom” with “reasonable limits.”

Eric Chon, a Columbus resident who voted against the measure, said there was a clear anti-abortion agenda to the election. Noting that the GOP voted just last year to get rid of August elections entirely due to low turnout for hyperlocal issues, Chon said, “Every time something doesn’t go their way, they change the rules.”

Voters in several states have approved ballot questions protecting access to abortion since the Supreme Court overturned Roe v. Wade, but typically have done so with less than 60% of the vote. AP VoteCast polling last year found that 59% of Ohio voters say abortion should generally be legal.

The result came in the very type of August special election that Republican Secretary of State Frank LaRose, a candidate for U.S. Senate, had previously testified against as undemocratic because of historically low turnout. Republican lawmakers just last year had voted to mostly eliminate such elections, a law they ignored for this year’s election.

Al Daum, of Hilliard, just west of Columbus, said he didn’t feel the rules were being changed to undermine the power of his vote and said he was in favor of the special election measure. Along with increasing the threshold to 60%, it would mandate that any signatures for a constitutional amendment be gathered from all of Ohio’s 88 counties, not just 44.

It’s a change that Daum said would give more Ohio residents a chance to make their voices heard.

GOP lawmakers had cited possible future amendments related to gun control or minimum wage increases as reasons a higher threshold should be required.

Voters’ rejection of the proposal marked a rare rebuke for Ohio Republicans, who have held power across every branch of state government for 12 years.

A sign asking Ohioans to vote in support of Issue 1 sits above another sign advocating against abortion rights at an event hosted by Created Equal on July 20, 2023, in Cincinnati, Ohio. (AP Photo/Patrick Orsagos, File)

Ohio Right to Life, the state’s oldest and largest anti-abortion group and a key force behind the special election measure, vowed to continue fighting into the fall.

A Republican 2024 Climate Strategy: More Drilling, Less Clean Energy

Project 2025, a conservative “battle plan” for the next Republican president, would stop attempts to cut the pollution that is heating the planet and encourage more emissions

Workers drilling for oil outside Watford City, N.D. New production techniques have created a glut of crude oil in the United States. |  Andrew Burton/Getty Images

The New York Times, by Lisa Friedman, August 4, 2023

During a summer of scorching heat that has broken records and forced Americans to confront the reality of climate change, conservatives are laying the groundwork for a 2024 Republican administration that would dismantle efforts to slow global warming.

The move is part of a sweeping strategy dubbed Project 2025 that Paul Dans of the Heritage Foundation, the conservative think tank organizing the effort, has called a “battle plan” for the first 180 days of a future Republican presidency.

The climate and energy provisions would be among the most severe swings away from current federal policies.

The plan calls for shredding regulations to curb greenhouse gas pollution from cars, oil and gas wells and power plants, dismantling almost every clean energy program in the federal government and boosting the production of fossil fuels — the burning of which is the chief cause of planetary warming.

The New York Times asked the leading Republican presidential candidates whether they support the Project 2025 strategy, but none of the campaigns responded. Still, several of the architects are veterans of the Trump administration, and their recommendations match positions held by former President Donald Trump, the current front-runner for the 2024 Republican nomination.

The $22 million project also includes personnel lists and a transition strategy in the event a Republican wins the 2024 election. The nearly 1,000-page plan, which would reshape the executive branch to place more power into the president’s hands, outlines changes for nearly every agency across the government.

The Heritage Foundation worked on the plan with dozens of conservative groups ranging from the Heartland Institute, which has denied climate science, to the Competitive Enterprise Institute, which says “climate change does not endanger the survival of civilization or the habitability of the planet.”

Dans said the Heritage Foundation delivered the blueprint to every Republican presidential hopeful. While polls have found that young Republicans are worried about global warming, Dans said the feedback he has received confirms the blueprint reflects where the majority of party leaders stand.

“We have gotten very good reception from this,” he said. “This is a plotting of points of where the conservative movement sits at this time.”

There is a pronounced partisan split in the country when it comes to climate change, surveys have shown. An NPR/PBS NewsHour/Marist poll conducted last month found that while 56% of respondents called climate change a major threat — including a majority of independents and nearly 90% of Democrats — about 70% of Republicans said global warming was either a minor threat or no threat at all.

Project 2025 does not offer any proposals for curbing the greenhouse gas emissions that are dangerously heating the planet and which scientists have said must be sharply and quickly reduced to avoid the most catastrophic impacts.

Asked what the country should do to combat climate change, Diana Furchtgott-Roth, director of the Heritage Foundation’s energy and climate center, said “I really hadn’t thought about it in those terms” and then offered that Americans should use more natural gas.

Natural gas produces half the carbon dioxide emissions of coal when burned. But gas facilities frequently leak methane, a greenhouse gas that is much more powerful than carbon dioxide in the short term and has emerged as a growing concern among climate scientists.

The blueprint said the next Republican president would help repeal the Inflation Reduction Act, the 2022 law that is offering $370 billion for wind, solar, nuclear, green hydrogen and electric vehicle technology, with most of the new investments taking place in Republican-led states.

The plan calls for shuttering a Department of Energy office that has $400 billion in loan authority to help emerging green technologies. It would make it more difficult for solar, wind and other renewable power — the fastest-growing energy source in the United States — to be added to the grid. Climate change would no longer be considered an issue worthy of discussion on the National Security Council, and allied nations would be encouraged to buy and use more fossil fuels rather than renewable energy.

The blueprint throws open the door to drilling inside the pristine Arctic wilderness, promises legal protections for energy companies that kill birds while extracting oil and gas, and declares the federal government has an “obligation to develop vast oil and gas and coal resources” on public lands.

Notably, it also would restart a quest for something climate denialists have long considered their holy grail: reversal of a 2009 scientific finding at the Environmental Protection Agency that says carbon dioxide emissions are a danger to public health.

Erasing that finding, conservatives have long believed, would essentially strip the federal government of the right to regulate greenhouse gas emissions from most sources.

In interviews, Dans and three of the top authors of the report agreed that the climate is changing. But they insisted that scientists are debating the extent to which human activity is responsible.

On the contrary, the overwhelming majority of climate scientists around the world agree that the burning of oil, gas and coal since the Industrial Age has led to an increase of the average global temperature of 1.2 degrees Celsius (2.2 degrees Fahrenheit).

The plan calls on the government to stop trying to make automobiles more fuel efficient and to block states from adopting California’s stringent automobile pollution standards.

Furchtgott-Roth said any measures the United States would take to cut carbon would be undermined by rising emissions in countries like China, currently the planet’s biggest polluter. It would be impossible to persuade China, to cut its emissions, she said.

Mandy Gunasekara was chief of staff at the EPA during the Trump administration and considers herself the force behind Trump’s decision to withdraw the United States from the 2015 Paris climate accord. She led the section outlining plans for that agency, and said that regarding whether carbon emissions pose a danger to human health “there’s a misconception that any of the science is a settled issue.”

Bernard L. McNamee is a former Trump administration official who has worked for the Texas Public Policy Foundation, which spreads misinformation about climate change, as well as an adviser to fossil fuel companies. He wrote the section of the strategy covering the Department of Energy, which said the national laboratories have been too focused on climate change and renewable energy. In an interview, McNamee said he believes the role of the agency is to make sure energy is affordable and reliable.

Dans said a mandate of Project 2025 is to “investigate whether the dimensions of climate change exist and what can actually be done.” As for the influence of burning fossil fuels, he said, “I think the science is still out on that quite frankly.”

In actuality, it is not.

The top scientists in the United States concluded in an exhaustive study produced during the Trump administration that humans — the cars we drive, the power plants we operate, the forests we destroy — are to blame. “There is no convincing alternative explanation supported by the extent of the observational evidence,” scientists wrote.

Climate advocates denounced the Republican mandate as taking the country in the wrong direction even as heat waves and wildfires worsen because of emissions.

“This agenda would be laughable if the consequences of it weren’t so dire,” said Christy Goldfuss, chief policy impact officer for the Natural Resources Defense Council, an environmental group.

Republicans who have called for their party to accept climate change said they were disappointed by the blueprint and worried about the direction of the party.

“I think its out-of-touch Beltway silliness and it’s not meeting Americans where they are,” said Sarah Hunt, president of the Joseph Rainey Center for Public Policy, which works with Republican state officials on energy needs.

She called efforts to repeal the Inflation Reduction Act, which is pouring money and jobs overwhelmingly into red states, particularly impractical.

“Obviously as conservatives we’re concerned about fiscal responsibility, but if you look at what Republican voters think, a lot of Republicans in red states show strong support for provisions of the IRA,” Hunt said.

Rep. John Curtis, R-Utah, who launched a conservative climate caucus, called it “vital that Republicans engage in supporting good energy and climate policy.”

Without directly commenting on the GOP blueprint, Curtis said, “I look forward to seeing the solutions put forward by the various presidential candidates and hope there is a robust debate of ideas to ensure we have reliable, affordable and clean energy.”

Benji Backer, executive chair and founder of the American Conservation Coalition, a group of young Republicans who want climate action, said he felt Project 2025 was wrongheaded.

“If they were smart about this issue they would have taken approach that said ‘the Biden administration has done things in a way they don’t agree with but here’s our vision,’ ” he said. “Instead they remove it from being a priority.”

He noted that climate change is a real concern among young Republicans. By a nearly 2-to-1 margin, polls have found, Republicans ages 18 to 39 are more likely to agree that “human activity contributes a great deal to climate change,” and that the federal government has a role to play in curbing it.

Of Project 2025, he said, “This sort of approach on climate is not acceptable to the next generation.”