All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Benicia Herald: Mayor requests rehearing of Industrial Safety Ordinance vote

Repost from the Benicia Herald
[Editor: For background and reference, you may want to view Mayor Patterson’s Request for Rehearing of Vote Cast 6_19_18 concerning the Industrial Safety Ordinance.  Plan to attend the Council meeting, 7pm on Tuesday, July 17.  Here is the agenda and other materials.  – RS]

Mayor requests rehearing of Industrial Safety Ordinance vote

By Nick Sestanovich, July 13, 2018
Elizabeth Patterson, Benicia Mayor 2007 - present
Elizabeth Patterson, Benicia Mayor 2007 – present

At its June 19 meeting, the Benicia City Council voted 3-2 to not take any further action on Mayor Elizabeth Patterson’s request for an Industrial Safety Ordinance (ISO) in Benicia until November. Now Patterson is requesting a rehearing on the item, which is on the agenda for Tuesday’s council meeting.

Following a flaring incident and shutdown at the Valero Benicia Refinery in May 2017, Patterson submitted a two-step request which asked the council to consider adopting an ISO in line with Contra Costa County’s ordinance requires refineries to submit safety plans, undergo safety audits and develop risk management plans while incorporating community input. The council voted 4-1 to adopt the first step of this request, but the second step did not appear on a council agenda for another 13 months. Four weeks ago, the council narrowly voted to not adopt an ISO just yet and to direct Valero to fix gaps in communication. Of the three councilmembers who voted down the ISO, two— Tom Campbell and Alan Schwartzman— said they would change their votes if air quality monitors were not installed by November.

However, the issue will be returning to the council even sooner. On June 28, Patterson submitted an application to rehear the item on four grounds: that she felt staff had not adequately prepared the council for the hearing, past settlement agreements and obligations regarding air quality monitoring had not been addressed, new evidence discussing the necessity of fenceline and community monitoring which are not addressed by the planned Bay Area Air Quality Mangement District monitors and the decision to wait for BAAQMD monitors to be installed was “vague and uncertain” and “does not present a viable plan,” Patterson wrote.

For the first reason, Patterson wrote that staff had not done anything substantive in between the discussion of the two steps and that the staff report prepared for the June 19 meeting lacked key information.

“The Staff Report contained almost no meaningful information concerning what actions or costs would be necessary to actually move toward the adoption of an Industrial Safety Ordinance,” she wrote. “Although a thorough draft of the Industrial Safety Ordinance prepared by members of the community was included in the packet, the staff had not reviewed it and was unprepared to comment even preliminarily.”

For the second item, Patterson said the staff report did not mention the past settlements with Valero in 2003, 2008 and 2010 which required fenceline and community monitors, neither of which were installed.

“The City Council should have been advised and taken into consideration Valero’s failure to comply with these agreements as well as its non- compliance with the conditions of approval in rendering its decision, but the Staff Report failed to address these points at all,” Patterson wrote.

For the third item, Patterson said she attended an Airwatch Bay Area conference four days after the council meeting, which noted that BAAQMD’s proposed fenceline monitors were only 1 percent effective at detecting hazardous waste materials.

“Rehearing on the request to direct staff with certain criteria stated earlier to have the draft Industrial Safety Ordinance reviewed should be allowed so that new expert and non-expert evidence can be presented on this important subject,” she wrote. “The BAAQMD monitoring program will not be sufficient in quality…or location to fully protect the community. Time is of the essence.”

Finally, Patterson felt the decision to delay was not specific enough and that waiting presented a potential danger.

“With each additional day that passes, the community faces the risk of another power outage, which Valero has acknowledged it is unprepared for,” she wrote. “The delay in taking any action just puts the community in greater jeopardy of such releases without taking any action to eliminate or mitigate such risks.”

Staff responded to the first two reasons in a report prepared by City Attorney Heather McLaughlin. Regarding the first reason, McLaughlin wrote that as part of the two-step process, staff support for individual requests from individual councilmembers is limited to 15 minutes of staff time and that researching, writing reports and compiling materials would not take longer than 15 minutes unless approved by a majority of the council.

“Staff had collected some background information and provided it with the report to support the Council’s discussion but no analysis or other in-depth work had occurred,” McLaughlin wrote. “Staff had adequately prepared Council for the hearing based on the type of hearing that was scheduled to occur.”

This reasoning was also the basis for the short response to Patterson’s statement that past settlement agreements were not mentioned in the staff report. Staff did not respond to the third or fourth statements.

The council will vote on whether or not to schedule a rehearing on its June 19 vote, which would be slated for a later meeting if approved.

In other matters, the council will vote to approve a resolution placing a tax on port-related activities on the ballot for the general election and confirm Thomas Stanton as Benicia’s seventh poet laureate.

The council will meet at 5:30 p.m. Tuesday, July 17 in a closed session to discuss legal matters. The regular meeting will start at 7 in the Council Chambers at City Hall, located at 250 East L St. A live stream of the council meeting can also be found online at ci.benicia.ca.us/agendas.

“AIR” and the Industrial Safety Ordinance (new words for the song from the musical HAIR)

New words with permission, by Mary Susan Gast.  (Original soundtrack on YouTube from the musical HAIR.)

“AIR” AND THE ISO

In the summer of 1970 I was offered the role of Jeanie in the Detroit production of HairI declined, but I’ve always wanted to sing Jeanie’s song from that musical.  Here it is, revised just a bit for air monitoring in Benicia in 2018.
– Mary Susan Gast

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
Incense, incense
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.

Mary Susan Gast
1 July 2018

Questionable community outreach by Air District for Industrial Safety Ordinance audits

From local emails…

FIRST ROUND OF EMAILS…

From: Roger Straw
Sent: Friday, July 06, 2018 9:45 AM
Subject: FW: [BAAQMD Coalition] Questionable community outreach for Industrial Safety Ordinance audits

This is amazing – read below, from bottom, up.  (Click on the image for larger display.)  And then come back and ask a couple of questions:

  1. Does Solano County have to report to the public like this now – even under current regulations?  Do they publish a notice like the one Nancy sent from Crockett?  Is this something that our newbie “CUPA” needs to be doing on our behalf?
  2. If/when we have an ISO, what assurances do we have the Hazardous Materials staff (Contra Costa OR Solano) would be any more attentive to Benicia citizens’ needs.  (Randy Sawyer should be embarrassed by this.)

I think the Working Group could be making a big deal out of this!  I think I’ll post about it on the BenIndy.

Roger


Begin forwarded message:

On Tue, Jul 3, 2018, 3:28 PM Nancy Rieser via BAAQMD Network wrote:

The Contra Costa Health Department considers a booth behind an elementary school two blocks away from a street fair in Crockett as a “public meeting..”   They reckon that the booth where they will be twiddling their fingers while the locals drink and dance a few blocks away will meet its obligation to hold a face-to-face public meeting.

Guess we are lucky.  Martinez gets its face-to-face at a Christmas tree farm in August on National Night Out.

I called the Health Department:  The gentleman who answered the phone said that apparently nobody cares enough to hear this kind of information and they won’t hold a meeting unless they can get a guaranteed audience of 25 people.  Neither will they mail notices to individual homes about their meeting to hustle the crowds.  “It is too expensive.”

LATER, VERY INTERESTING!

From: Ralph Dennis
Sent: Wednesday, July 11, 2018 12:26 PM
Subject: ISO related

I noticed in the Benicia Herald this morning two public notices for Risk Management Plans prepared by Solano County Department of Resource Management, one for Praxair and the other for Benicia’s Water Treatment Plant. These are part of the 5-year audit review process, I believe, the same reports referenced in the Contra Costa County notice you sent around the other day.

I figured there ought to be one for Valero, so I called the Solano County Department of Resource Management. Turns out the Valero plan was filed in Dec. 2017 and is still under review. The staffer I spoke with who is doing the review is suppose to call me about status. Interesting, I guess: no public meetings planned, copies of plans not available in our library (as in Contra Costa County). He seemed surprised at my question about public meetings, said he could check with management.

CCHMP public notice meetings July-Aug 2018

Pruitt resigns, but replacement Wheeler ‘should scare anyone who breathes’

Repost from The Energy Mix, Full story: POLITICO

Pruitt resigns, but replacement Wheeler ‘should scare anyone who breathes’

July 6, 2018, By Eric Wolff
Andrew Wheeler is pictured. | AP
As the EPA’s No. 2, Andrew Wheeler could immediately fill Scott Pruitt’s shoes as acting administrator, though President Donald Trump could insert someone above him in a temporary capacity. | Alex Edelman/picture-alliance/dpa/AP Images

U.S. environmental groups declared victory yesterday with the resignation of U.S. Environmental Protection Agency Administrator Scott Pruitt, following months of unremitting scandal. But they’re already gearing up for a fight against his replacement, Acting Administrator Andrew Wheeler, a veteran coal lobbyist who Politico describes as “smarter and more plugged in to Washington than Scott Pruitt was”.

“Wheeler is much smarter and will try to keep his efforts under the radar in implementing Trump’s destructive agenda,” said Jeremy Symons, vice president for political affairs at the Environmental Defense Fund. “That should scare anyone who breathes.”

Most of Wheeler’s professional career “has been devoted to resisting attempts to improve the quality of our air and our water and the safety of our communities,” said Sierra Club Executive Director Michael Brune. “He fought against safeguards to limit mercury poisoning. He fought against protections to limit the amount of ozone in our skies. He fought against [controlling] air pollution from neighbouring states. He’s a climate denier. So, sadly, he fits in well with EPA leadership.”

While Wheeler will take over EPA on an acting basis Monday morning, Pruitt’s permanent replacement will have to be confirmed by the U.S. Senate. Some news reports yesterday suggested that may not happen before mid-term elections November 6, when there is at least a passing possibility of Democrats regaining control of the chamber.

Pruitt finally left his post under a cloud as “one of the most scandal-plagued Cabinet officials in U.S. history,” the Los Angeles Times reports, with 19 federal investigations—18 of them still in progress—into his conduct while in office. “The departure of the anti-regulatory crusader Pruitt ends a bizarre and tumultuous chapter of the Trump administration that puzzled even some of the president’s staunchest supporters.”

Trump reportedly held on to Pruitt for as long as he did because the former Oklahoma attorney-general, who previously made a name for himself by avidly suing to block the Obama environmental agenda, was also one of the most effective Cabinet secretaries in implementing Trump’s priorities, including attacks on climate policy, basic science, and clean air and water standards.

In the end, he became an embarrassment to Trump as well as a disgrace to his country.

“The spendthrift EPA chief has been a political liability for the White House for months, drawing the attention of federal investigators with scandal after scandal, many of which were linked to his lavish spending of taxpayer money and the use of his position to enrich his family,” the Times notes. “The transgressions include Pruitt’s deal with the wife of a top energy lobbyist for deeply discounted housing, huge raises he gave friends against the instructions of the White House, and his penchant for flying first class. Pruitt used his office to try to secure his wife a Chick-fil-A franchise and also enlisted aides to try to help her land lucrative work elsewhere. He had a $43,000 phone booth installed in his office.” The only Pruitt investigation completed so far concluded that that phone booth broke federal spending laws.

In the Washington Post, columnist Dana Milbank gets at the paranoia Pruitt brought to an office once devoted to protecting Americans’ air, water, health, and safety. “Pruitt spent the past 16 months turning the Environmental Protection Agency into a paramilitary operation, with the sole purpose of protecting him,” he writes. “Pruitt had spent some $4.6 million on security, enlisting a round-the-clock detail that followed him everywhere, even to Disneyland and Italy, whisking him from his office — where a $43,000 soundproof phone booth cocooned him and a panic alarm connected him directly to the security office—to the $50-a-night room in a condominium that he had rented from a lobbyist.”

Milbank introduces a new unit of measure for the duration of Pruitt’s tenure.

“Pruitt survived—for 503 days from swearing-in to resignation,” he writes. “That’s an eternity in the Trump administration. Anthony Scaramucci set the standard, lasting just 10 days in his job managing White House communications. If we take Scaramucci’s 10-day figure to be the standard of measurement—one ‘mooch’—then Pruitt survived an amazing 50.3 mooches, even while enduring more than a dozen scandals, any one of which would have doomed a lesser man.”

“Scott Pruitt’s corruption and coziness with industry lobbyists finally caught up with him,” said Friends of the Earth President Erich Pica told the Times. “We’re happy that Pruitt can no longer deceive Americans or destroy our environment.”

But much as the U.S. environmental community is taking a victory lap for the campaigns and advocacy that helped push Pruitt out the door, Wheeler will be a different sort of challenge.

“The man taking the reins at the Environmental Protection Agency after Scott Pruitt’s downfall is a longtime Washington insider and coal lobbyist who is set to pursue the same anti-regulation agenda—only without all of Pruitt’s baggage,” Politico notes. A former chief of staff to climate-denying Sen. James Inhofe (R-OK) and lobbyist for coal baron and avid Trump ally Bob Murray of Murray Energy, “Wheeler is a smooth insider with a penchant for policy details and a reputation for working well with both friends and adversaries. But those who have dealt with him say he’s on board with the broad deregulatory agenda that Pruitt and Trump are pursuing.”

“The problem with the Pruitt approach is it’s like a sugar high,” Democratic lobbyist and former Energy Department staffer Jeff Navin told Politico’s Eric Wolff. “It feels really, really good for a moment, but if you’re not following rules and procedure, not laying down substance for the decision you’re making, you’re not going to last very long.”

“He’s like Mike Pence is to Trump,” another unnamed source told Wolff. “He’s behind the scenes. He’ll get a lot done and doesn’t need to be in the news.”

“The impression he creates is very personable, respectful, good listener,” said one EPA employee. “He’s very interested in being involved in the substantive issues. He’s ready to get involved in our issues.” But there’s little doubt that his job will be to advance the radical deregulation that defined Pruitt’s tenure.

“I think that Andrew is well aware of the president’s agenda, and the parts of the agenda that are the responsibility of the EPA,” said lobbyist and political consultant Andy Ehrlich, a longtime associate of Wheeler’s. “I would expect based on my experience with Andrew to do what he can to see that the president’s agenda at the EPA is fulfilled in a methodical and thoughtful way.”

“Pruitt and Wheeler may have some small differences: The Democratic aide said Wheeler might offer more support to the agency’s research, in contrast to Pruitt,” Politico states. “But people who know Wheeler see him as a ‘true believer’ in rolling back regulations who is comfortable in the weeds of policy.”

And “that’s the worry of environmental groups, which note the years Wheeler spent working with Inhofe, who calls human-caused global warming a ‘hoax,’ and Murray, a fierce opponent of EPA’s climate regulations.”

Meanwhile, “in his short time at the EPA, Pruitt managed to do more to undermine the environmental protection work of its career scientists, analysts, and enforcement officers than any leader of the agency since the early days of the Reagan administration,” the LA Times notes. “Former agency chiefs—including some who served GOP presidents—were shocked by Pruitt’s denial of climate change and his hostility toward many bedrock environmental rules.”

The paper adds that Pruitt “often was unabashedly at war with his own agency, alleging it was under the control of activist bureaucrats working in tandem with environmental groups to impose a radical agenda. His stewardship of the agency reflected a Republican Party that has grown disenchanted with environmental rules and an administration that has little regard for the concerns of voters outside its base.”

On Grist, meanwhile, reporter Zoya Terstein explains why she’ll miss the ethically-challenged administrator—and asks readers to hear her out before they bring their toddlers to Grist HQ. (Her “love letter to Scott Pruitt” also contains a bunch of helpful, one-by-one links to the multiple Pruitt scandals that we consistently under-reported on The Mix, rather than letting it crowd out the more productive news going on in climate and energy.)

“Most of the time, the things that go on in the federal government, however consequential they may be, seem to bore Americans to tears,” Terstein writes.. “(Just look at voter turnout stats for midterm elections.) Whether you liked it or not, Scott Pruitt made the public pay attention. Fancy lotionstactical pantsChick-Fil-A? That’s dramaSecret phone booths? A 24/7 security detail? That’s intrigue. Getting your aides to pay for your hotel rooms? That’s petty. Pruitt was a veritable scandal-factory of his own making, and the wrongdoings were so juicy we literally couldn’t look away! I mean, the dude spent over 1,500 taxpayer dollars on a dozen fountain pens. Pens!

“As time went on, it began to seem like Pruitt didn’t actually care about how many bridges he burned, how many federal investigations were launched, or even whether other members of the GOP were calling for his resignation. But we cared! The scandals were so egregious, so bizarre, so shallow and grasping, that people kept digging and digging to see what else the guy was up to. And each ethical misdeed focused attention on the work he led: dismantling decades of environmental regulations, cutting EPA staffing numbers to below Reagan-era levels, and striking mentions of climate change from the agency’s website.

“People got mad! They marched, wrote letters, signed petitions, and sent the EPA multiple copies of Global Warming for Dummies.

“No wonder the administration rails against ‘fake news.’ Real journalism was able to take down a Trump loyalist.

“Now, someone else wears the tactical pants at the EPA. His name is Andrew Wheeler. He’s been the agency’s deputy administrator since April, and we haven’t heard a peep out of him. Under his leadership, we’re probably in for far less scandal. But you can bet he’ll keep rolling back regulations.”