[Note from BenIndy: This is a fantastic opportunity to learn from Air District insiders what the District does, how it does it, and what might be next. This is a free public meeting open to all, regardless of party preference or city of residence.]
Smoke from the Valero Benicia refinery wafts over residential neighborhoods during a 2017 incident. | Bay Area Air Quality Management District.
From Progressive Dems of Benicia Meeting Notice, sent April 2, 2024:
Dear members and supporters—
We’re delighted to share more information about our April 9th meeting at 7pm, which we revealed last week will focus on the quality of our air – a hot topic given the warming weather and the recent Level-3 Incident at a local refinery. (The picture here is not from that incident, it is from a 2017 incident; click the image to be redirected to a YouTube news report.)
The Bay Area Air Quality Management District (BAAQMD), or “the Air District,” is our local regulatory agency when it comes to air pollution. It’s been around for decades, but its mission and activities are a mystery to many. Luckily, our amazing panel of Air District representatives will be on hand to guide us through what it does, how it does it, and what it’s working on to keep Bay Area residents healthy and safe.
Air District Panel
We are pleased to share that our panel will include BAAQMD’s Executive Officer/Air Pollution Control Officer, Dr. Philip Fine, formerly a presidential appointment to the EPA and the South Coast Air Management Quality District; Deputy Executive Officer of Public Affairs Viet Tran; BAAQMD Board of Directors member and Benicia Mayor Steve Young; and BAAQMD’s Community Advisory Council Co-Chair Ken Szutu, who also founded the Citizen Air Monitoring Network in Vallejo before serving as its director. We also expect that other staff members of the Air District will join us.
SAN FRANCISCO – The Bay Area Air Quality Management District announced today it has reached two separate agreements with Chevron and Martinez Refining Company resulting in an end to the litigation against the agency over its groundbreaking Regulation 6, Rule 5, major emissions reductions from both refineries, unprecedented penalties and other payments of up to $138 million, and a Richmond-area Community Air Quality Fund, among other benefits. The Air District estimates that the emission reductions achieved by the rule will result in tens of millions of dollars per year in health benefits by reducing early deaths and other health impacts of exposure to particulate matter.
Both agreements are related to the Air District’s enforcement of Rule 6-5, the most health protective rule of its kind in the nation. The rule reduces airborne particulate matter, or PM, emissions from petroleum refinery fluidized catalytic cracking units, or FCCUs. FCCUs are devices used in the manufacture of gasoline and are the largest sources of PM at these refineries. As a result of Chevron and MRC’s compliance with Rule 6-5, there will be an estimated 70 percent reduction of PM emissions from Chevron’s FCCU and an 80 percent reduction from MRC’s FCCU.
“The historic penalties and successful defense of our life-saving Rule 6-5 are a win for air quality in the Bay, especially those living in the Richmond and Martinez-area communities,” said Davina Hurt, chair of the Air District Board of Directors. “The establishment of the Community Air Quality Fund for Richmond further emphasizes our dedication to address the specific air quality concerns of the communities most affected, improve public health and to advance environmental justice.”
“The Air District’s agreements with Chevron and MRC mark a turning point in our commitment to enforcing air quality regulations and deterring future violations throughout the Bay Area, especially in communities already overburdened by air pollution,” said Dr. Philip Fine, executive officer of the Air District. “The record-breaking penalties and commitment by the refineries to comply with our health-protective Rule 6- 5 will help ensure a cleaner, healthier future for all Bay Area residents.”
“Defending our health-protective regulation to substantially reduce particulate matter from refineries and imposing significant penalties helps us improve air quality for all residents,” said Contra Costa County Supervisor John Gioia, who represents Richmond and is also a member of the Air District Board of Directors. “I believe everyone, no matter where they live, has the right to breathe clean air.”
“Protecting our communities from particulate matter 50 yards down the street from sources is as important as protecting these communities 50 years down the road from climate change,” said Mark Ross, Martinez Vice Mayor and member of the Air District Board of Directors. “Along with this settlement and the resumption of Rule 6-5, with its historic reduction in annual PM emissions, the Air District is also demonstrating that enforcement of episodic incidents and violations will be enforced vigorously. Bay Area residents deserve such protection for their health now and in the future.”
Chevron Agreement Highlights:
Chevron drops its lawsuit and agrees to reduce PM emissions as required in the rule.
Chevron pays unprecedented penalties for any delay in compliance past the regulation’s July
2026 compliance deadline. Chevron has committed to compliance with Rule 6-5 pollution limits, with escalating, record-setting penalties for non-compliance:
$17M for year 1
$17M for year 2
$17M for year 3
$32M for year 4
Chevron implements interim PM emission reductions at the FCCU to obtain early reductions even before the regulation’s compliance deadline.
Chevron pays into the Community Air Quality Fund, initiated with $20 million and supplemented annually by $3.5 million during the period needed for Chevron to construct air pollution controls. The fund will finance projects aimed at reducing PM exposures in the communities impacted by the refinery.
Chevron pays a $20 million fine for 678 other violations at the refinery unrelated to Reg. 6-5 and commits to a series of measures designed to reduce persistent flaring.
Chevron pays half the Air District’s attorney fees, up to $500,000.
MRC Agreement Highlights:
MRC drops its lawsuit and agrees to fully comply with the regulation.
MRC will demonstrate compliance with the regulation using a continuous monitoring system instead of periodic quarterly stack testing.
MRC pays half the Air District’s attorney fees, up to $500,000.
The Air District’s landmark Rule 6-5 reduces particulate matter emissions from petroleum refinery operations and is the most stringent rule of its kind in the country. This groundbreaking rule outlines specific requirements for reducing, monitoring, and reporting emissions of various pollutants including sulfur compounds and particulate matter from refinery operations.
The Bay Area Air Quality Management District is the regional agency responsible for protecting air quality in the nine-county Bay Area. Connect with the Air District via X/Twitter, Facebook, Instagram and YouTube.
[Note from BenIndy: Take the $1.2 million penalty Valero must pay for major flaring incidents at the Benicia Refinery in 2017 and 2019, for example. These incidents directly impacted the health and safety of Benicia residents, and yet it’s possible that Benicia may never see a dime of that penalty. Why? What can be done to ensure that communities directly, immediately, and tangibly impacted by negative health and safety situations created by refineries are directly, immediately, and tangibly compensated? Frequent BenIndy Contributor Kathy Kerridge got in touch with the following.]
Photo Illustration by Kelly Caminero / The Daily Beast / Getty.
ATTENTION to everyone who would like to see refinery penalties go to the community
We’ve all been waiting for the time when we can have input about how penalty fines from refineries can get back to the local community.
On Thursday, January 18, at 6:00 pm, the Community Advisory Council of the Bay Area Air Quality Management District (Air District) will hear from the Air District staff about possibilities.
This is your chance to weigh in on what should happen to the fines the refineries pay when they pollute our air, and how much of the fines will be returned to the local community.
Here is the link to information about the meeting:
The meeting will be both in person in SF and on Zoom. I hope that people who are concerned about this can go into the meeting in person. If not, please plan to attend by Zoom.
This is particularly important for all refinery communities. These fines have been substantial, and we want to make sure that the communities that have been harmed at least benefit from some these penalties.
Please spread the word. Contact kathykerridge@gmail.com if you have questions or if you would like to try to carpool or go together on BART.
Kathy Kerridge
BCAMP Board Member
Good Neighbor Steering Committee
Progressive Democrats of Benicia Chair
[Note from BenIndy: There’s been a whirlwind of activity around Contra Costa’s troubled refineries this week. After a surprise inspection, Contra Costa Health CEO Anna Roth issued an open letter putting Martinez Refining Company “on notice” for ongoing violations before listing a series of demands . (You should really read the letter. Go on. We’ll wait.) Check out the links below the article for more information. This is all fascinating, motivating stuff for residents interested in enacting an industrial safety ordinance in Benicia. Accountability and transparency should be easy between good neighbors.]
The Martinez Refining Co. is the focus of a joint civil action over its release of heavy-metal laden dust. | Scott Strazzante / The Chronicle.
The list of demands also included records of work stoppage orders and near-miss incidents.
Contra Costa County Board of Supervisors chair John Gioia and vice chair Federal Glover met with management of Martinez Refining Company on Thursday to discuss county concerns over the company’s frequency of chemical releases and other incidents since Thanksgiving 2022 when the refinery sent 20 to 24 tons of chemicals into the surrounding community.
The supervisors also delivered an open letter to Daniel Ingram, the refinery manager, from Anna Roth, the chief executive officer of Contra Costa Health, documenting incidents and ordering refinery owner PBF Energy to provide CCH’s regulators with full access to the facility, documentation related to deferred maintenance of equipment, and access and data related to maintenance and safety practices.
CCH and the Bay Area Air Quality Mangement District began a surprise inspection of the refinery this week that could last days, or even weeks, a CCH official said.
The letter, dated Thursday, called the number of releases and other incidents “unacceptable” and said they’ve “compromised health and safety at your facility, and in our community.”
“In the past year, CCH has documented 21 releases or spills of hazardous materials at the Martinez refinery,” the letter said. “According to the County’s Community Warning System records, PBF also reported using flares — devices that should only be used as an emergency safety measure to prevent more serious incidents — at a rate of nearly once per week. CCH has documented 46 flaring incidents at the refinery since November 2022.”
Roth wrote PBF is responsible for “ensuring the reliability of its systems and establishing and maintaining a culture of safety at the refinery. The number of incidents at the refinery over the past year is unacceptable for a facility operating in Contra Costa County and points to an apparent fundamental lack of investment on the part of PBF in ensuring the reliability of its systems and maintaining a facility that is safe for its workers and the neighboring community.”
Roth also included a statement Tuesday from BAAQMD executive director Philip Fine saying the air district has joined forces with the Contra Costa County District Attorney’s Office on civil enforcement against the refinery.
“The recent air quality violations at MRC are troubling and unacceptable. The Air District shares the community’s concern and outrage about these events,” Fine said in the statement. “We are actively investigating and pursuing all legal avenues to ensure MRC is compliant with our regulations and that future violations and community disruptions are minimized.”
Roth wrote, “CCH will not tolerate unsafe business practices at the refinery” and officially notified PBF of CCH actions, including “Beginning immediately, PBF shall allow CCH employees and agents onsite at all times and permit them access to any part of the facility upon request.”
She also wrote that PBF will give CCH all documentation relating to deferred maintenance of equipment at MRC no later than 10 a.m. Jan. 2, for CCH to decide the facility’s work plan for addressing deferred maintenance moving forward.
CCH also wants a list of every employee and resident contractor working at MRC, including job titles and description of responsibilities, and wants the ability to interview them without PBF management present.
The list of demands also included records of work stoppage orders and near-miss incidents.
CCH also reserved the right to come inside the refinery “during any incident that has the potential to impact public health or the environment in accordance with all applicable laws.”
Roth wrote CCH “reserves the right to modify the Community Warning System level of any incident impacting public health without consulting PBF. All costs associated with incident response will be borne by PBF.”
The letter also said, “At least two weeks before PBF’s planned turnaround in early 2024, PBF shall provide to CCH a comprehensive plan outlining when planned flaring will occur during the turnaround and what steps the facility will take to minimize the amount of flaring.”
A turnaround is a scheduled event in which an entire process unit is taken offline for an extended period for work to be carried out.
During that time, CCH wants observers onsite at all times and access to any part of the facility.
Roth ended the letter by writing, “We look forward to collaborating with PBF on our mutual goal of making this facility the good neighbor it aspires to become.”
More about Contra Costa’s search for accountability and transparency from refineries:
We’re delighted to share more information about our April 9th meeting at 7pm, which we revealed last week will focus on the quality of our air – a hot topic given the warming weather and the recent Level-3 Incident at a local refinery. (The picture here is not from that incident, it is from a 2017 incident; click the image to be redirected to a YouTube news report.) 
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