Investigation Shows Valero Benicia Refinery Released Toxic Chemicals for Years
KPIX5 CBS Bay Area News, by Andrea Nakano, February 24, 2022
[IMPORTANT – BenIndy Editor: The video coverage includes voices of concerned Benicia residents. Click the arrow above, and another arrow when the new page opens. If that doesn’t work for you, go to https://cbsloc.al/3HobW7f – R.S.]
BENICIA (KPIX) — At a community workshop Thursday, Benicia residents learned more about excessive levels of hazardous chemicals coming from the Valero Benicia refinery.
The Bay Area Air Quality Management District discovered the plant has been emitting those chemicals for more the 15 years. BAAQMD discovered the problems and started investigating in 2018.
Workshop attendees questioned why they weren’t notified about the emissions until last month.
An investigation by BAAQMD revealed emissions at the Valero refinery were, on average, hundreds of times higher than allowed by law. Pollutants included benzene, which causes an elevated risk of cancer and chronic health issues.
Many Benicia residents were furious nothing had been done sooner.
“When accidents happen in Benicia, we are never told about it in a timely matter where we can protect ourselves. That doesn’t work for those living next to the refinery that wake up to black powder on all of their cars. Kids are going to school and pets are out there breathing this black stuff that’s accumulating everywhere,” Pat Toth Smith said.
“For the community, the monitoring systems were supposed to give us a sense that we can trust,” Marilyn Bardet added.
Damian Breen with BAAQMD says the reason the district wasn’t able to alert Benicia residents earlier was to protect the integrity of the investigation and ensure that Valero is held accountable.
Valero provided a statement:
“The Valero Benicia Refinery discovered its hydrogen unit vent had trace contaminants. Valero took immediate steps to address the issue and has been working cooperatively with the Bay Area Air Quality Management District.”
Yes, despair at Ukrainians’ suffering. But their struggles, and ours, do not end here.
Tough, horrifying, unprecedented times indeed. Especially for Ukraine, but also for the world. But not all is lost.
Through my international development consulting and research, I’ve had sporadic contact with Ukraine and a smattering of its citizens over the years. Here are a few scattered recollections and impressions, followed by some speculation on where we go from here.
Bling and blandness in a newly independent state
First visiting the country in 1996, when it was still a newly independent state in the wake of the 1991 dissolution of the Soviet Union, I joined a U.S. Government-funded National Democratic Institute (NDI) delegation looking to build contacts with and democracy-oriented training for political party personnel there. I was just an observer, along for the ride to learn about how the NDI operates and to advise it on how to evaluate those operations.
My main memories include a dinner meeting in a swank post-Soviet restaurant, ablaze with bling, at which an NDI official conversed with a party leader through an interpreter. Meanwhile, limited to English, I sat wordlessly across from a bulky, far younger fellow, whom I took to be the leader’s bodyguard. The establishment, a destination for the country’s newly (and in many cases corruptly) enriched elite, was quite the departure from the bland eateries we otherwise frequented on the trip, which were remarkable only for their dismal food and surly service.
I stayed in a sterile, Soviet-style hotel where each floor had an officious matron stationed both to monitor its guests activities and, I suppose as a sideline, offer them young ladies as companions for the evening. (I declined.) I also recall some sleepless nights there, due to the difficulty of obtaining even over-the-counter cough medicine.
Grounds for hope
My other visit, more than a decade later, took me to the capital, Kyiv, for a meeting of legal aid lawyers from former Soviet states and satellites. It was facilitated by the U.N. Development Program and the Open Society Justice Initiative (OSJI), a branch of the George Soros-funded Open Society Foundations. The purpose was to discuss the attorneys’ progress and problems in setting up programs in societies where the law historically had been a tool of government control and oppression. Though Vladimir Putin was already in charge of Russia and there had been backsliding in some of those other states, there were still signs of progress and grounds for hope in Ukraine and many other nations.
The city was equally experiencing transformation. The changes were from complete and far from ideal, as is the case to this day. But my glimpses of street life offered a far more vibrant environment, with shops, restaurants and other signs of an opening economy in evidence. I stopped by a café with a great view. I was struck by the friendliness of the wait staff, in contrast with the typically dour attitudes of their counterparts from my previous visit, and how that more upbeat approach was far more typical of other Ukrainians I encountered this time around.
Building access to justice
As part of a multi-country consultancy for OSJI a couple of years ago, I had a series of phone conversations/interviews with the nation’s leading legal services attorney. We discussed his nongovernmental group’s work setting up legal aid clinics across the country, with support of both OSJI and (crucially, for long-term sustainability) the country’s government. You never know for sure in such discussions whether you’re getting an honest self-assessment of an organization’s work and impact. But he made a thoughtful case for the accomplishments he’d previously claimed in written reports and for the strategies pursued in getting government buy-in, as well as acknowledging the challenges his organization faced.
More than that, the consultancy reminded me of the progress sometimes achieved in some post-Soviet states and elsewhere, below the level of the headlines, in making life better and more just for some citizens. It offered a glimpse of how, whatever else was going on in Ukraine then, there was cause for cautious optimism in at least certain regards. Access to justice is something many Americans take granted, as flawed as such access admittedly is here. This fellow’s group had been starting to make it a reality for fellow Ukrainians.
Revisiting a nightmare
Early this morning, I received a message from an old friend, an American, whose entrepreneurial son had moved to Kyiv and built a small information technology business there over the past several years. The young man had recently moved the enterprise to the western part of the country, taking a few of his employees with him, on the off chance that a Russian assault would not seize that part of the nation. With those plans now apparently shattered, he’s fled to the Polish border. Last I heard, he was walking toward a NATO checkpoint there. Reluctantly and painfully, he’s had to leave those employees behind.
The irony of this last anecdote is that this old friend and I have discussed and debated no end of issues over the years, not least Soviet intentions toward Western Europe back in the 1970s and whether the Red Army ever could or would invade another country not already under its sway. It’s a topic we’d long since left behind since the Soviet Union’s collapse 30 years ago. To see it revived is like revisiting a nightmare.
The horror
Of course, the real nightmare is what Ukraine is going through. Hope has turned to horror. Creation to destruction. And for some today and many to come, life to death.
So where do we go from here, as Putin launches his Great Leap Backward into an era we’d thought we’d seen the end of? The answer partly hinges on why he took this drastic, disastrous step, something we can speculate but not be certain about. To preclude possible (though unlikely) NATO expansion? To crush a neighbor whose potential democratic and economic success could shine a harsh light on his own failures at home? To revive part of the Soviet empire? To nurse his grievances over real or imagined historic harms against Russia? In hopes that, come 2025, he’ll have his toady Trump back in office to remove sanctions against the occupation?
Of perhaps greatest concern, to indulge his own irrational impulses, as a man long assumed to be cold and calculating may instead be revealing a more erratic nature?
Much will of course hinge on how Ukrainians respond to this onslaught. As the United States learned in Iraq, and as both we and Russia learned in Afghanistan, it’s easier to secure a military victory than to maintain domination in the face of resistance. Nearly the size of Texas, with 44 million people, the country may not remain subdued even if the invasion initially crushes opposition.
Putin may control most Russian reporting on Ukraine. But it will be harder to hide soldiers coming back in body bags or without limbs. Given the historical and family ties between the two countries, suppressing bad news may prove all the more difficult. He will pay economic, political and diplomatic prices for this misadventure, which even influential, retired Russian generals had warned against.
In some ways, Putin has already lost. He’s solidified what was a drifting, unmoored NATO, as well as American leadership of the alliance. He’s pushed Ukrainian sentiments even further toward the West, regardless of what a puppet government may say. He’s shredded what remains of his own tattered international credibility. He’s set himself up for many struggles ahead.
Our own struggles
Much will also hinge on what America and our allies do. On balance, Biden is off to a very good start. He’s rallied NATO and other allies, organized sanctions and used intelligence to telegraph Putin’s moves before he’s made them. We may well see various kinds of support for a Ukrainian resistance.
The political fallout for Biden might be severe, given the short-term economic consequences and concerns about global instability. But he also might conceivably be bolstered by the clear line being drawn between himself and the invasion apologists on the Right (and in fairness, on the Left).
And who knows? Perhaps the harsh reality of European reliance on Putin’s oil and gas might add to the already significant arguments against energy dependence on petrostates such as Russia. Maybe it will bolster national security considerations in favor of alternative energy sources, here or abroad. I’m not exactly optimistic, but one can hope.
We also can hope but not yet know for sure how Ukrainians will handle the invasion’s aftermath, whether and to what extent they put up long-term resistance. But right now, their fight can inspire admiration, even as Russian aggression spurs despair.
That inspiration can be for our own fight, here at home, against the fascists and their allies in our midst. Ukraine makes our battle lines clearer than ever. And unlike the Ukrainians, with their freedom, homes, livelihoods and lives on the line, we have the privilege of battling with our advocacy, mobilization, persuasion, donations and votes.
I believe we’re up for it if we accept, like the Ukrainians may, that the fight does not end with one invasion, battle or election. The struggles are ceaseless. The alternative is unacceptable.
Benicia resident Stephen Golub offers excellent perspective on his blog, A Promised Land: Politics. Policy. America as a Developing Country.
To access his other posts or subscribe, please go to his blog site, A Promised Land.
Officials in Benicia and Solano County want to know why Valero’s oil refinery there was able to release excessive levels of hazardous chemicals for more than 15 years before regional air regulators discovered the emissions — and why those regulators failed for another three years to alert local communities to the potential danger.
A Bay Area Air Quality Management District investigation launched in November 2018 found that one refinery unit produced pollutant emissions that were, on average, hundreds of times higher than levels permitted by the agency.
The emissions consisted of a variety of “precursor organic compounds,” or POCs, including benzene and other toxic chemicals.
An air district rule limits the release of such compounds to 15 pounds a day and a maximum concentration of 300 parts per million. The district’s investigation found that from December 2015 through December 2018, POC emissions averaged 5,200 pounds a day — nearly 350 times the daily limit. The average POC concentration recorded during the first year of that period was 19,148 parts per million, more than 60 times the level set by the agency.
Those findings led the air district to issue a notice of violation to Valero in March 2019. But it wasn’t until late last month that the agency went public and announced it would seek to impose an abatement order requiring the refinery to halt the excessive pollution releases.
“That was the first I had heard of it,” said Benicia Mayor Steve Young, one of four members of the city council who say they want to know why the community was not told earlier.
“We should have been notified by the air district when this was first discovered in 2019, and certainly while negotiations with Valero were going on,” he said.
The Solano County agency responsible for inspecting the Valero refinery and investigating incidents there says it was also left out of the loop.
Chris Ambrose, a hazardous materials specialist with the county’s Environmental Health Division, said in an email his agency “was never formally notified by or requested to participate in BAAQMD’s emissions investigation.”
A health risk assessment carried out by the air district in 2019 found that the refinery’s release of benzene and other pollutants posed an elevated risk of cancer and chronic health threats and violated several agency regulations.
Solano County Health Officer Bela Matyas told KQED that because the wind often pushes refinery emissions away from Benicia, the refinery’s prolonged pollution releases didn’t likely pose any extreme risk to residents.
“But it doesn’t excuse the process. It doesn’t excuse the failure to adhere to standards and it doesn’t provide any excuse for the fact that the city of Benicia was put at some risk as a result of these emissions,” Matyas said.
The air district, which plans to hold a virtual public workshop on the Valero releases on Thursday night, is defending its decision to not alert local officials earlier.
“To protect the integrity of the air district’s investigation and ensure that Valero is held accountable, we were not able to notify the city of Benicia until the investigation was concluded,” district spokesperson Kristine Roselius said.
“Going forward, the air district is committed to additional transparency around these types of ongoing violations, to putting companies in front of our hearing board in a public forum where information can be shared, and working to ensure these types of cases are brought into that forum as quickly as possible,” she said.
The hearing board Roselius referred to is an independent panel created under state law to rule on issues that arise at individual facilities that the air district regulates. The board is scheduled to consider the district’s abatement order at an all-day public session on March 15.
At issue is the infrastructure that produces hydrogen for the facility. Hydrogen is integral to several refining processes, but demand for it throughout the refinery fluctuates. When the supply of hydrogen in the system is higher than the demand for it, the refinery vents the unneeded gas into the atmosphere.
At issue is the infrastructure that produces hydrogen for the facility. Hydrogen is integral to several refining processes, but
The air district says that soon after it launched its investigation in late 2018, it discovered that Valero had known since 2003 that the refinery was venting hydrogen that contained a range of regulated pollutants, including benzene, toluene, ethylbenzene and xylene.
In 2019, Valero devised a workaround that reduced emissions significantly but still failed to bring them within allowable limits.
The air district’s proposed abatement order would set up a timeline for the company to design and build a new vent system to bring the facility into compliance, with the work completed no later than the facility’s next “turnaround” — the industry term for a refinery-wide maintenance shutdown.
The Benicia City Council has asked Valero executives and air district officials to answer questions at its March 1 council meeting.
Mayor Young, Vice Mayor Tom Campbell and council members Christina Strawbridge and Lionel Largaespada all say they want to know how the emissions went undetected for so long.
“I’d like to know how it was missed when Valero has had two or three full plant turnarounds since 2003 and the air board is out there every week,” Campbell said.
A Valero representative responded to a request for comment by referring KQED to a city of Benicia press release that includes the air district’s proposed abatement order.
The air district says it’s consulting with the U.S. Environmental Protection Agency to determine whether the Valero releases violated federal law. It’s unclear when the EPA learned of the refinery problems.
It’s almost time for the Benicia Community Air Monitoring webinar on March 3rd, 2022 at 7 pm. Please be sure to preregister by clicking on this link: webinar registration page—or use the QR code in the flyer (see below).
This air monitoring station has been in the works for years. Finally, we’ll be able to see what is in our air.
See you there!
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