All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Dangerous Valero Emissions Went Unchecked For Years In Benicia

Benicia’s mayor and other city leaders said they were not informed of the problem until two months ago.

Benicia-Martinez Bridge, Valero Benicia Refinery in distance. (Paul Hames/California Department of Water Resources)

Benicia Patch, March 4, 2022

BENICIA, CA — Representatives from Valero and the Bay Area Air Quality Management District appeared in front of the Benicia City Council Tuesday night after revelations were made known that the refinery was emitting harmful, excessive levels of hazardous chemicals for nearly 16 years before BAAQMD said it became aware of them.

The council and community members also grilled BAAQMD for failing to notify the city of Benicia as soon as it found out about the emissions in 2018. Benicia’s mayor and other city leaders said they were not informed of the problem until two months ago.

BAAQMD began its PowerPoint presentation to the council with an image of Valero’s byzantine system of pipes, storage tanks, chimneys, towers, vents and smokestacks with a red arrow pointing down to one of them. Under the arrow stood a slim, vertical pipe emitting smoke that the air district claims it had thought was merely a steam vent. As it turned out, the innocuous vent had been emitting pollutants at hundreds of times the daily limit since 2003.

According to BAAQMD, Valero had been releasing benzene, ethylbenzene, and other organic compounds considered hazardous. District rules set a cap on such emissions at 15 pounds per day and a maximum of 300 parts per million. What the district discovered was that Valero had been emitting an average of 5,200 pounds per day and 19,148 parts per million.

The presentation given to council was an attempt of the air district to “be more transparent,” something they say they are committed to in the wake of the revelations.

“We should have done better and we should have done better sooner,” said Damian Breen, BAAQMD’s senior deputy executive officer of operations.

Joshua Tulino, general manager of Benicia’s Valero refinery, told the council and community that they, too, were unaware of the emissions until 2018 and “immediately” administered piping modifications that solved 71 percent of the hydrocarbon emission issues. He also said that since then, Valero has reduced the emissions by 98 percent.

Tulino maintained that informing the community about dangerous emissions is an “obligation” they take seriously but that “this source of emissions did not fall into that category.”

Tulino added that they were not aware that the vent was a source that needed to be monitored.

Benicia Mayor Steve Young asked Breen why the air district didn’t release the information it had gathered as soon as it found out and questioned how they could identify toxic releases and not share information with the city.

Breen said Solano County and “hazmat” officials were notified, but that they “should have done better” about notifying Benicia.

“That’s why you see us changing our policies here.”

The changes Breen referenced are holding more public hearings when violations occur, increasing transparency, keeping communities better informed, and monitoring refineries “better.”

As part of this effort, BAAQMD will be holding a March 15 public hearing about these Valero violations. The air district will also be installing a remote air monitoring station in Benicia near the Fire Museum at 900 East Second Street, a move that councilmembers unanimously accepted Tuesday.

Solano County has under-reported COVID cases, will report significant increase soon

By Roger Straw, Friday, March 6, 2022

‘Previously unreported cases were identified through a different testing procedure’

A pedestrian wears a face mask while walking along the Vallejo Waterfront, Friday, March 4, 2022. (Aaron Rosenblatt/Daily Republic)

Fairfield Daily Republic, by Todd R. Hansen, March 5, 2022

FAIRFIELD — Solano County expects to receive a significant report of previously unreported cases that were identified through a different testing procedure.

But Dr. Bela Matyas, the county public health officer, said the additions do not change the county’s continued decline in case trends.

There were two more Covid-related deaths reported Friday. A man over 65, living at home and vaccinated, was one of the reports, while a man between 50 and 65, living at home and unvaccinated, also died. Both had significant health issues, but the younger man apparently was unaware of his problems.

The two deaths take the pandemic total to 398, the county reported. Continue reading Solano County has under-reported COVID cases, will report significant increase soon

Solano County reports 2 COVID deaths, 138 new infections, falling into the CDC’s SUBSTANTIAL rate of transmission

NOTE: The information below is not the latest.  TAP HERE for today’s latest information.

By Roger Straw, Friday, March 4, 2022

Solano County reporting 138 new COVID infections in two days, 2 new deaths.  Benicia’s 7-day case count remains in SUBSTANTIAL transmission rate, only 2 cases above MODERATE.  Solano County falls into SUBSTANTIAL transmission rate for first time since December 22.

Solano Public Health COVID dashboard, Friday, March 4, 2022:

NOTICE: Solano County Public Health will update its COVID Dashboard ONLY ON MONDAYS & THURSDAYS as of March 14, 2022

DEATHS:  Solano reported two new deaths in today’s report, one age 50-64 and one age 65+. Trending: Fifteen new deaths were reported in February, ALL over 65 years of age.  We can’t be sure this is a final number because the County often post-dates hospitalizations and deaths. Until February, the County saw increasing COVID-related deaths each month since last November, rising to 30 in January.  A total of 398 Solano residents have now died of COVID or COVID-related causes over the course of the pandemic.

TRANSMISSION RATE: Solano moved out of the HIGH transmission rate today, with a total of 419 new cases over the last 7 days, just into the SUBSTANTIAL range. Encouraging: this is down from 1,126 on Monday, and the County’s first placement in the CDC’s SUBSTANTIAL rate since December 22 of last year.  Solano still has a long way to go to reach MODERATE transmission (225 over previous 7 days).  CDC FORMULA: Based on Solano County’s population, 450 or more cases in 7 days places Solano in the CDC’s population-based definition of a HIGH transmission rate.  We would need to drop below 225 cases in 7 days to rate as having only MODERATE community transmission.

ACTIVE CASES: Solano reported 567 ACTIVE cases today, up from 544 at last report, and far above the County’s 329 active cases on December 1.

CASES BY CITY – Friday, March 4, 2022:

  • BENICIA added 6 new cases today, a total of 3,024 cases since the outbreak began.  TRANSMISSION RATE: **Benicia has seen only 16 new infections in the last 7 days, remaining in the CDC’s SUBSTANTIAL rate of transmission.  Only two fewer cases will drop Benicia into the desired MODERATE rate of transmissionFor a city with Benicia’s population, anything over 27 cases in 7 days is considered HIGH TRANSMISSION. (See chart below.)

  • Dixon added 5 new cases today, total of 4,153 cases.
  • Fairfield added 40 new cases today, total of 21,281 cases.
  • Rio Vista added 2 new cases today, total of 1,073 cases.
  • Suisun City added 5 new cases today, total of 5,590 cases.
  • Vacaville added 29 new cases today, a total of 19,455 cases.
  • Vallejo added 51 new cases today, a total of 24,911 cases.
  • Unincorporated added 0 new cases today, a total of 191 cases.

TEST RATE:  Solano County’s 7-Day Percent Positive Test Rate shot up after Christmas and continued through last week’s very high 13%, but fell dramatically this week to only 7% today. Even at this lower rate, SOLANO DOES NOT COMPARE FAVORABLY: The CALIFORNIA 7-day % positive rate fell today from 2.5% to only 2.1%[Source: Johns Hopkins Coronavirus Tracking CenterAND the U.S. 7-day % positive rate fell today from 4.1% to only 3.7%. [Source: CDC COVID Data Tracker.] 

HOSPITALIZATIONS:

CURRENT The number of those currently hospitalized with COVID in Solano County fell today from 45 to 37 persons.  Current hospitalizations don’t tell the whole story, as it reflects both admissions and discharges.  Only from the increase in total hospitalizations can we know how many new admissions have come into our hospitals as of this date.

TOTAL hospitalizations over the course of the pandemic – Solano County’s total hospitalized must be independently discovered in the County’s occasional update of hospitalizations by Age Group and by Race/Ethnicity.  Solano Public Health updated its Age Group chart today, adding one person age 65+.  Our known total since the beginning of the outbreak is now 3,694 Solano residents hospitalized.

ICU Bed Availability in Solano County rose today from 27% to 39%, moving up into the County’s GREEN safe zone .

Ventilator Availability  improved today from 71% to 73% available, solidly in the GREEN safe zone. 


HOW DOES TODAY’S REPORT COMPARE?  See recent reports and others going back to April 20, 2020 in my ARCHIVE of daily Solano COVID updates (an excel spreadsheet).

Click green text above or on the image.

>The data on this page is from the Solano County COVID-19 Dashboard.  The Dashboard is full of much more information and updated Monday, Wednesday and Friday between 4 and 6pm.  On the County’s dashboard, you can hover a mouse or click on an item for more information.  Note the tabs at top for “Summary, Demographics” and “Vaccines.”  Click here to go to today’s Solano County Dashboard.

See also my BENINDY ARCHIVE of daily Solano COVID updates (an excel spreadsheet).  I have also archived the hundreds of full CORONAVIRUS REPORTS posted here almost daily on the Benicia Independent since April 2020.

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Seeno attorneys request new trial – Save Mount Diablo says motion “Should be denied”

Seeno’s attorneys request new trial following Save Mount Diablo legal victory against Faria project in Pittsburg hills

The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein
607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park – SMD leader says motion for new trial “should be denied”

Contra Costa Herald, by Allen D. Payton, March 3, 2022

Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)

The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New Trial Parsons Dec. ISO Mot for New Trial      Raskin Dec. ISO Mot for New Trial    Faria project new trial Proof of Service

A hearing date on the motion for a new trial has been set for April 14, 2022.

The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory: [Previously published here on BenIndy, see Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills.]

Save Mount Diablo Says Motion for New Trial “Should Be Denied”

Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”

“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”

“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.