Biofuelwatch alleges Contra Costa officials obstructed public participation in Phillips 66 Biofuels Refinery Project hearing

The Martinez Marathon Refinery. | Marathon Petroleum Corp.
The Phillips 66 San Francisco Refinery in Rodeo. | Dreamyshade / Wikimedia CC BY-SA 4.0.

Biofuelwatch, sent to BenIndy January 17, 2024

The saga of the repurposing of two of the refineries in the San Francisco Bay Area to manufacturing liquid biofuels from high deforestation risk commodities like soy took another anti-democratic twist this week. Local authorities sped through a hearing on January 16, 2024 on the revised environmental review of the massive Phillips 66 biofuel refinery project in the unincorporated community of Rodeo on the northern shores of the Bay, rushing to keep the $1 billion investment moving forward while taking measures to curtail public participation in the process.

As background, in May 2022 the Contra Costa County Board of Supervisors had previously hosted back to back hearings on both the Phillips 66 biofuel refinery project in Rodeo and the Marathon-Neste joint venture biofuel refinery project in Martinez. That day-long session of hearings was held only because community, environmental and climate justice organizations had appealed the County Planning Commission approvals of the California Environmental Quality Act (CEQA) environmental reviews of the refinery conversion projects earlier that year.

On that day in early May 2022 the Contra Costa County Supervisors unanimously denied the appeals and wholeheartedly green lighted both of the biofuel refinery projects. Following those decisions by local elected officials, the Center for Biological Diversity, in partnership with Communities for a Better Environment, and with the legal and technical expertise of the Stanford Environmental Law Clinic, filed parallel lawsuits challenging the simultaneous approval of the environmental review of both unprecedented refinery conversion projects. The court case on the Marathon/Neste joint venture at the Martinez refinery resulted in a partial decision exposing flaws with the environmental review, focusing singularly on the flawed odor management plan, an unsatisfactory result for climate justice advocates. That lawsuit has already been sent on to the state appeals court, and will be heard in the coming year.

The Phillips 66 refinery in Rodeo has been getting lucrative incentives for making biofuels even though the environmental review of the project was found deficient by a judge.  | Uncredited image from Biofuelwatch post.

However, in the case of the Phillips 66 biofuel refinery project, the same judge ruled that the original environmental review of the biofuels project was illegal and had failed to address serious questions of cumulative impacts, while embarking on the illegal tactic of piecemealing — the illegal breaking up of the entirety of a project into discrete pieces, thus averting the legally required review of the project as a whole.

This court ruling prompted county authorities to rush forward with a Draft Revised Environmental Impact Report, which was released and opened to public comment in the autumn of 2023. Biofuelwatch reported extensively on the dynamics around this public comment period in our previous post Court Orders, Refinery Fires and Deforestation Drivers: California Push for Liquid Biofuels Ignores Red Flag Warnings.

Despite being presented with more evidence about the dangers of characterizing the conversion of the more than century old Phillips 66 Rodeo refinery to making biofuels as a climate solution, the county proceeded with great haste to finalize the revised environmental review during the holiday. Precisely four weeks after the close in early December 2023 of written public comment on the draft the county announced the January 16 public hearing to approve the final revised version.

The newest final version of the project review once again roundly dismissed all the evidence and information provided by community members and the organizations that engaged on the public comment. Despite the requirements under the California Environmental Quality Act to assess how new information can influence the veracity of the entirety of the environmental review, the county discarded new factual information provided in the public comment that in essence further substantiated the record of evidence that had resulted in the court of law ruling that the original environmental review was illegal in the first place.

Neither the Board of Supervisors nor County Staff expressed any sort of contrition nor leadership self reflection when faced with the fact that they had previously rubber stamped an environmental review that the court had later found deficient.

Kerry Guerin is an attorney with Communities for a Better Environment who attended the January 2024 hearing on the Phillips 66 project.. | Uncredited image from Biofuelwatch post.

Of the evidence presented to the county by community members regarding the safety concerns with the processing of feedstocks like soy was the existence of the most recent draft of what is known as a Flare Minimization Plan (FMP), presented by Phillips 66 on an annual basis for the Rodeo refinery to the local Bay Area Air Quality Management District (BAAQMD). The FMP is an annual requirement, the review of which is buried in the opaque processes of BAAQMD staff and not easily accessible to the public. The late 2023 version of the FMP for the Phillips 66 Rodeo refinery apparently still remains confidential. However, the 2022 ‘nonconfidential’ version of the FMP was shared with Biofuelwatch.

Remarkably, despite the fact that Phillips 66 has been making liquid biofuels at their Rodeo refinery since April 2021, more than a year before receiving final approval for their project from the County in May 2022, an anomaly that the court saw as being relevant to the illegal piecemealing of the environmental review of the project, their most recent ‘nonconfidential’ version of their Flare Minimization Plan from October 2022 does not even mention biofuels. As a matter of fact, scrutiny of the 2022 FMP document reveals absolutely no mention of the refinery conversion project at all.

In essence, Phillips 66 has received lucrative Low Carbon Fuel Standard credits from the California Air Resources Board for producing ‘renewable diesel’ from feedstocks like soy and canola with a hydrogen intensive ‘hydroprocessed esters and fatty acids’ hydro cracker technology at their Rodeo refinery, but the most recent publicly available version of the FMP for that same refinery regulated by the local air district BAAQMD does not even mention the words biofuels, renewable diesel, hydrotreated vegetable oils, HEFA, soy, canola, animal tallow or any of the terms that are directly associated with making these products. As far as the BAAQMD supervised Phillips 66 Rodeo Refinery Flare Minimization Plan goes the biofuel project apparently does not even exist.

Notably absent from the recent county supervisors hearing on the revised environmental review were any representatives from BAAQMD, neither to provide comment or to be available to answer questions from decision makers, once again raising questions about to what extent the local air district is fulfilling their responsibility to implement regulatory activities within the context of current and future operations.

This incongruence of biofuel production not even existing in a recent Phillips 66 FMP was brushed aside by county authorities, who also appeared completely unconcerned about the recent devastating fire at the Marathon-Neste biofuel refinery in Martinez. At the same time, the County was obligated in their documentation to recognize that there exist numerous ‘significant and unavoidable environmental impacts‘ from the project. Those impacts were dismissed because of the economic significance of the refinery project.

Tyson Bagley is the United Steelworkers Health and Safety Representative for the Phillips 66 Rodeo refinery who attended the January 2024 hearing and spoke in strong support of the Phillips 66 biofuels project. | Uncredited image from Biofuelwatch post.

Notably, and not surprisingly, labor organizations representing workers at the Phillips 66 refinery came out in strong force in support of approval of the project, celebrating the opportunity to keep the refinery operating into the foreseeable future to make ‘renewable’ fuels with ‘renewable’ feedstocks to provide the state with the ‘low carbon’ energy sources that are central to aspirations to achieve ‘decarbonization.’

Adding a particularly grotesque dynamic of inequity to the proceedings was the manner in which the local authorities conducted the review hearing.

After having spent two hours celebrating the legacy of Dr Martin Luther King, Jr in commemoration of the treasured annual federal holiday, the Board of Supervisors reconvened to hear the agenda item on the Phillips 66 biofuel refinery environmental review. Remarkably, after an abbreviated 15 minute staff presentation that reasserted the urgency of approving the project again, the chair of the Board stated that public comment would be restricted to 1 minute. Though the audience in attendance was predominantly labor and company representatives in Phillips 66 uniform, there were hoots of disbelief from advocates that instead of the traditional 3 minute time allowed for public comment at most public hearings, in this instance an individual speaker would get only one minute. That an individual public comment on an issue of such magnitude and technical complexity would be limited to 1 minute is unheard of with such a small audience.

That the Contra Costa County Board of Supervisors would come out of a ceremony dedicated to elevating the legacy of Dr Martin Luther King, Jr to immediately open an agenda item on the permitting of a controversial polluting industrial facility owned and operated by a company worth ~$60 billion dollars, and with a long legacy of conflict with affected communities, and tell concerned community members that their time to address the board would be abbreviated in this manner was roundly seen as outrageous — to put it in polite terms.

Even county staff knew, after all they had done to ram the project through, that limiting public comment at the hearing was simply a ‘very bad look.’ The clear obstruction of the public right to meaningful participation that was manifested by the limitation on public comment at the hearing on the Phillips 66 biofuels project clearly accentuates the corporate impunity facilitated by the irregular and industry friendly governance of not only the biofuel refinery issue specifically but of the energy sector in the state more broadly.

It made no difference to the acquiescent and beholden to industry Contra Costa County Board of Supervisors, who rapidly moved to approve the Phillips 66 project with a unanimous 5-0 vote.

Contact Gary Hughes (garyhughes.bfw@gmail.com), who is the Americas Program Coordinator with Biofuelwatch, with inquiries.

California’s Oil Country Faces an ‘Existential’ Threat. Kern County Is Betting on the Carbon Removal Industry to Save It

[Note from BenIndy: The EPA and the Kern County Planning and Natural Resources staff have scheduled four joint workshops regarding the Kern County Carbon Capture and Sequestration (CCS), or ‘Carbon Removal,’ project described below. Tomorrow, Wednesday 17, from 3-5pm, is the FIRST VIRTUAL HEARING; find instructions for how to join HERE. While verbal comments will not be accepted during the virtual meeting, the public is welcome to join and ask questions in the chat. If you plan to join, follow the instructions at the link. Meanwhile, a group of Solano residents have assembled to fight a new CCS project proposed for a site in Montezuma Hills, Solano; that group’s next meeting is January 24.  You can learn more about this project at the Sunflower Alliance website. If you are interested in joining this group, email your contact details to benindy@mngl.ca and we’ll pass them on to one of the group members so you can connect. We have a long, hard slog ahead if we’re going to beat back these boondoggles.]

An oil pumpjack in Kern County, California.  Harika Maddala / Inside Climate News.

“We are at a very, very difficult crossroads.”

Inside Climate News, by Emma Foehringer Merchant and Joshua Yeager, KVPR, January 16, 2024

Omar Hayat sees the future in a patch of dirt near Bakersfield, California, where oil was discovered more than a century ago. That discovery paved the way for Kern County’s lucrative petroleum industry. Now, Hayat hopes to use the same dirt patch to launch a new business—one that may help California reach its ambitious climate goals.

From the Budget Crisis to Valero Fines: Two Ways and Ten Days to Benefit Benicia’s Future

Benicia resident and author Stephen Golub, A Promised Land

By Stephen Golub,  originally posted in the Benicia Herald January 15, 2024

Over the course of the next ten days, Benicians will have two major opportunities to weigh in on the future of our community.

January 15-25: Addressing Our $6.5 Million Budget Gap

The first opportunity features a community survey, open houses and virtual workshops by which we can have our say on how to address the City’s budget crisis. As you may know, a variety of factors (stagnant population growth for 20 years, very little new housing or housing sales, limited retail outlets, etc.) have constrained our tax base while inflation and other factors have increased our costs. The bottom line is that we face a budget deficit of $6.5 million per year.

In an effort to get community input on the problem and potential solutions, the City has organized various in-person and online ways in which we can offer opinions and ask questions. They will take place from January 15 through 25.

You can find out more at https://www.ci.benicia.ca.us/believeinbenicia, where the link to the community survey is provided and those for the virtual workshops soon will be. Here are the dates:

  • January 18, 6-8 pm: In-person Open House at the Benicia Public Library, 150 East L St.
  • January 25, 6-8 pm: In-person Open House at the Benicia Community Center, 370 East L St.
  • January 17 and 24, 6 pm: Virtual workshops (online links will be available via https://www.ci.benicia.ca.us/believeinbenicia)
  • January 15-25: Community Survey (online link here)

To alleviate the problem, the City has already cut $4.5 million from its budget. This has involved reducing ten staff positions and service cuts that include reduction of swimming pool hours, closing the Benicia Library on Sundays, eliminating road paving projects except for emergencies, delayed and deferred maintenance/upgrades on city equipment and facilities (including parks and the storm water system), and cutting support for July 4th and Christmas Tree celebrations.

But, even after those cuts, a $6.5 million gap remains. One way of addressing it over the medium-to-long term is by building the tax base by cutting regulations so as to facilitate commercial investment and approving such projects as the “Eastern Gateway” initiative, which encourages mixed-use development in the area of East 5th St./Military East.

In the shorter run, the City has placed two budget measures on the March 5 ballot. Measure A increases the local hotel tax. Measure B, by far the larger revenue-producing vehicle, increases the local sales tax by 75 cents cent per $100. This works out to costing the average Benician about 33 cents per day.

Regardless of how you feel about all this, the next ten days offer opportunities to air your input, through the in-person and virtual meetings and the community survey. Again, BelieveinBenicia.org is a good way to weigh in and get more information online.

January 18: Sharing in Refinery Fines

In early 2022, we learned from the Bay Area Air Quality Management District (aka the Air District) that for at least 15 years Valero’s Benicia Refinery had been putting toxic emissions hundreds of times the regulatory limits into our air, without telling us, the City government or the Air District about it.

What’s more, for nearly three subsequent years the Air District itself had known about this, but had not informed us until two years ago. In addition, the Air District still has not informed us what fines it will levy on Valero, perhaps because it may be still negotiating the matter nearly five years after becoming aware of the violations.

Nor has it let us know whether or how any portion of the fines will go to benefit Benicia, beyond a vague assurance that it may allocate some sums from the fines for health and safety matters here.

On January 18 at 6 pm, we’ll have a chance to learn more, ask questions about and offer our opinions on Air District actions and policies regarding such fines, regarding not just Valero and Benicia but also the other refineries and communities in the area. On that day, the Air District’s Community Advisory Council will meet at the Air District’s Headquarters, at 375 Beale Street in San Francisco. But we can also access the meeting online and offer comments there.

More specifically, one key agenda item for the meeting is:

“4. Funding Community Benefits from Penalty Fund. This is an action item for the Council to consider recommending to the Air District Board of Directors that they set a policy that automatically allocates a portion of penalties for regional and local community benefits.”

The January 18 Community Advisory Council meeting will make a decision that could potentially yield great benefits to Benicia. It might well be worth attending in person, since we’re talking about potentially millions of dollars for Benicia from this one Valero incident and/or other violations by this or other refineries (such as in Martinez) down the line. (Again, the discussion is not just about Benicia and Valero, but about all local refineries and affected communities.)

But for those of us who can’t make it to San Francisco for the meeting, we can Zoom in and have up to three minutes each for public comment. Here’s the link for the relevant page where, if you scroll down a bit, you can in turn simply watch the meeting, join via Zoom to comment during the meeting or write a public comment.

The meeting offers a great way of seeking to secure well-deserved, potentially major compensation for Benicia, for both past and future harms. I intend to attend, whether in person or online.


Visit BelieveInBenicia.org to learn more about Benicia’s Resiliency Plan, sign up for updates from Benicia City Manager Mario Giuliani, and join the effort to help shape Benicia’s future. Add your voice!

UPCOMING MEETINGS

Community Survey
January 15-26 – Community Survey Link
In Person Workshops
January 18 • 6pm-8pm
City of Benicia Public Library
January 25 • 6pm-8pm
City of Benicia Community Center
Virtual Workshops via Zoom (links will be available at BelieveinBenicia.org)
January 17 • 6pm
January 24 • 6pm
[BenIndy will post links to these meetings when they become available. Meanwhile, save the dates!]

Dr. King, Community, and Climate

Climate policy turns on an issue highlighted by Dr. King: Whose suffering counts?
Martin Luther King, Jr., giving his speech Beyond Vietnam: A Time to Break Silence at Riverside Church in NYC, April 4, 1967.

Legal Planet, by Dan Farber, January 15, 2024

“A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.”

Dan Farber, Legal Planet contributor.

Those words are from a 1967 speech delivered at Riverside Church by Dr. King about the Vietnam War. He was not, of course, thinking of what was then the obscure issue of climate change. Yet others have drawn the connection between this ethic of human solidarity and the climate crisis.

Here are two other quotations, this time from Pope Francis:

“The natural environment is a collective good, the patrimony of all humanity and the responsibility of everyone. If we make something our own, it is only to administer it for the good of all. If we do not, we burden our consciences with the weight of having denied the existence of others.”

“Since the world has been given to us, we can no longer view reality in a purely utilitarian way, in which efficiency and productivity are entirely geared to our individual benefit. Intergenerational solidarity is not optional, but rather a basic question of justice, since the world we have received also belongs to those who will follow us.”

Ironically, some of the fiercest opponents of climate action are those who, like House Speaker Mike Johnson, most loudly trumpet their religious faith. The words of Dr. King and Pope Francis seem to fall upon them with deaf ears. Meanwhile, nationalist disregard for the welfare of others seems to be on the rise.

Much of climate policy turns on a single key question, “Whose suffering counts?”.  This issue is the undercurrent of many international debates about climate. It is also central to the most technical debates over the social cost of carbon, where conservatives vociferously demand that harm to the rest of the world be ignored and that the interests of future generations be given as little weight as possible.

It is important to be aware of the limits of idealism in the political arena and the dangers of idealism when detached from realism.  But is it too much to ask that we have some shred of concern for those who are distant from us in space or time?

For safe and healthy communities…