The Tesoro refinery stands in Martinez, California, U.S., on Monday, Feb. 2, 2015 | David Paul Morris/Bloomberg.
Tesoro Refining and Marketing Company, which operates a petroleum refinery in Martinez, will pay a $27.5 million penalty for violating a 2016 consent decree ordering the company to reduce air pollutants, according to the U.S. Environmental Protection Agency.
The company, according to Thursday’s settlement, failed to limit nitrous oxide emissions from July 2018 to May 2020, when authorities said the refinery suspended operations.
Shortly before shutting down refinery operations, Marathon Petroleum Corporation acquired Tesoro’s parent corporation and announced plans to convert the refinery from producing fuels from crude oil to renewable sources such as vegetable oil, according to the EPA.
Prior to the refinery’s operations suspension, the EPA said, Tesoro would produce approximately 161,000 barrels per day and was the fourth largest petroleum refinery in California.
Thursday’s agreement does not prohibit Tesoro from resuming petroleum refining but requires the company to install “specific air pollution control technology” to ensure nitrous oxide limits are met, according to the EPA.
As a result of mitigation, Tesoro has agreed to give up almost all of its nitrous oxide emission trading credits, according to authorities. Companies can receive these credits when they shut down certain equipment and may use the credits to offset emissions from other projects or in trades with other companies
The agreement will modify the 2016 decree while including new requirements that will apply to Tesoro if they choose to reopen the Martinez refinery as a petroleum refinery or renewable fuels plant, according to the EPA.
[Editor: The Benicia Herald does not have an online edition – their lead story in today’s print edition is presented here as a photographic image (click to enlarge). To support our local newspaper, please subscribe by email at beniciacirculation@gmail.com or by phone at 707-745-6838.]
After this quick read, PLEASE SEND YOUR COMMENTS on Valero’s Air Monitoring Plans and Quality Assurance Project Plans to the Bay Area Air District. They are accepting comments on the refineries’ plans through Thursday, April 20 at 5 p.m. Details on the BenIndy here. Comments should be sent to jlapka@baaqmd.gov.
Read more!As Air Quality is so essential to our health, you might want to check out these resources:
Please – anyone can report Air Quality issues/events to the Bay Area Air Quality Management District: General Public Information: (415) 749-4900, or Air Quality Complaints: 1-800-334-ODOR (6367)
This is a news release from Benicia Community Air Monitoring Program (BCAMP), issued April 12, 2023. Please take a few minutes to follow the instructions below to submit an emailed comment in support of this important request.
We need the public to push the Air District to enforce its fenceline regulations. Valero is failing.
The Bay Area Air Quality Management District (BAAQMD) is requesting public input by Thursday, April 20 on the Air Monitoring Plans (AMPs) and Quality Assurance Project Plans (QAPPs) from the five Bay Area refineries. The public input relates to the measurement of the dangerous gas-hydrogen sulfide (H2S) by the refineries’ open path fenceline monitoring systems.
The bottom line is this: since the law went into effect in January, four out of the five Bay Area refineries are not meeting BAAQMD’s requirements for detecting and reporting the level of hydrogen sulfide at the refinery fencelines. One of the refineries, Martinez Refining Company, is meeting the requirements, so we know that the technology to provide the important data to the public is readily available.
We need to make sure that all five Bay Area Refineries, including Valero, are held accountable!
This is not just about the refineries following rules set by the Air District, it’s about public health. We need to know what is in the air we breathe! Your comments to the district make a tremendous difference. The Air Board does pay attention to the comments and the public sentiment. So please take a couple of minutes to send this email or one like it.
How to comment
IMPORTANT: the deadline for comments is Thursday, April 20 at 5pm. Don’t delay! Please act now.
Please put in the subject line: “Comment on Revised Draft Refinery Fenceline Air Monitoring Plans for Valero, Phillips 66, Tesoro and Chevron.”
You can simply copy and paste the following as your comment, or write your own:
The revised refinery air monitoring plans show that four out of five refineries are not meeting BAAQMD’s requirements. It is apparent that only the open path system being utilized at the Martinez Refining Company meets the requirements listed in the Air District’s 12/22/2022 letter, as defined by the requirements in their Quality Assurance Project Plan (QAPP). The systems being used at the other four refineries does not meet these requirements. All refineries should utilize equipment that meets the Air District requirements as stated in the 12/22/2022 letters. All requirements across all Bay Area refineries should be as uniform as possible in operation and data display to allow communities to compare measurements and performance across refineries. This isn’t just about following the rules, it’s about public health and safety! We deserve to know what we are breathing.
In addition, we request that all technologies used at all Bay Area refineries have similar operational and data display parameters developed and required soon. We truly feel this will help re-establish community trust in the data generated by the technologies in use as part of Rule 12-15.
It is vital that the refineries be held accountable—not just by paying fines—but by installing the equipment that will meet the Air District’s requirements without delay.
There should also be a public meeting about this important topic.
Thank you for taking a stand with us!
Read more!As Air Quality is so essential to our health, you might want to check out these resources:
Please – anyone can report Air Quality issues/events to the Bay Area Air Quality Management District: General Public Information: (415) 749-4900, or Air Quality Complaints: 1-800-334-ODOR (6367)
Incidents at the Valero refinery in Benicia in 2017 and 2019 forced people to shelter in place because of the risk of exposure to harmful chemicals, according to the U.S. Environmental Protection Agency. (Samantha Laurey/The Chronicle 2022)
Oil refining giant Valero must pay a $1.2 million penalty for major flaring incidents at its Benicia facility that spewed dark plumes of pollutants into neighborhoods, the U.S. Environmental Protection Agency announced Wednesday.
The “significant chemical incidents” occurred in 2017 and 2019 and forced people, including schoolchildren, to shelter in place because of the risk of exposure to harmful chemicals, according to the agency.
Following a federal investigation, Valero executives agreed to make specific changes to their Benicia operations and pay a penalty totaling $1,224,550 in a settlement reached with the EPA. Martha Guzman, regional administrator for the EPA in California, Nevada and New Mexico, said the changes will help protect Valero workers, Benicia residents and the environment.
The EPA’s announcement is the latest investigation into problems at the Bay Area’s oil refineries. Earlier this year, health officials in Contra Costa County warned people living near the Martinez Refinery run by PBF Energy to avoid eating foods grown in surrounding neighborhoods, four months after the facility sent 20 tons of dust into the community that coated cars, homes and backyards in a mysterious fine white powder.
Last year, the Bay Area Air Quality Management District announced it had found Valero had been releasing unlawful and potentially harmful amounts of hydrocarbons from its hydrogen stacks — undetected — from 2003 to 2019. Valero said it also hadn’t detected the releases and took steps to end them.
On Wednesday, Valero didn’t immediately respond to requests for comment about the federal fines.
Benicia Mayor Steve Young said the city wasn’t notified by the EPA about its investigation or the findings. The city has been pushing for greater transparency from oil refineries and the agencies that oversee them, especially after finding out last year that local air-quality regulators failed to tell the community about harmful releases until three years after the problems were discovered.
“We have concerns that we’re being left in the dark and only find out well after the fact,” Young said.
Oil refineries sometimes burn off flammable gases through tall stacks to keep careful equilibrium within pipes and other equipment and avoid disasters like explosions. But flaring is a highly regulated activity meant to be used sparingly because of the risks those burned gases and other pollutants pose to people nearby.
One major pollutant generated by these flares is sulfur dioxide, which can harm human respiratory tracts, exacerbating problems like asthma, and worsen pollution from particulate matter and acid rain.
On May 5, 2017, Valero stacks began shooting flames and churning out dark plumes of pollutants when the facility unexpectedly lost power. The emissions coated cars in an oily substance and sent employees at a nearby musical instrument factory to the emergency room, according to the EPA. More than 1,000 people were evacuated, including staff and students at both Robert Semple and Matthew Turner elementary schools. Ultimately, more than 10,000 pounds of flammable materials and 74,420 pounds of sulfur dioxide were released from the facility, according to the EPA.
Valero reported the flaring caused more than $10 million in damage to its facility, according to EPA records. The company later sued Pacific Gas and Electric Co. for the outage.
Then on March 11, 2019, another flaring incident led Solano County health officials to warn residents with respiratory issues to stay indoors. Some businesses sheltered in place. An investigation revealed more than 15,000 pounds of sulfur dioxide were released.
The EPA inspected the facility following both incidents and in 2019 found “several” cases where the company was violating the law.
“Valero failed to immediately report releases of hazardous substances, update certain process safety information, adequately analyze certain process hazards, and develop and implement certain written operating procedures,” the EPA said.
The agency found the company had violated the federal Clean Air Act’s regulations for preventing chemical accidents.
Valero is based in San Antonio and operates 15 petroleum facilities in the United States, Canada and the United Kingdom.
In a press release, Larry Starfield, with the EPA’s enforcement division, said the settlement “sends a clear message that EPA will prosecute companies that fail to expend the resources needed to have a compliant, well-functioning Risk Management Plan to the fullest extent of the law.”
SAN FRANCISCO (April 5, 2023) – The U.S. Environmental Protection Agency (EPA) announced a settlement with Valero Refining-California to resolve violations of the Clean Air Act’s Chemical Accident Prevention regulations at their Benicia Refinery. The company will pay a $1,224,550 penalty and make changes to improve process safety at the refinery.
“This settlement sends a clear message that EPA will prosecute companies that fail to expend the resources needed to have a compliant, well-functioning Risk Management Plan to the fullest extent of the law,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance.
“Failure to properly manage hazardous materials can pose serious risks to our California communities,” said Martha Guzman, Regional Administrator of EPA Region 9. “This settlement will help protect Valero workers, the Benicia community, and the environment more broadly.”
After significant chemical incidents at the Benicia Refinery in 2017 and 2019, a 2019 EPA inspection at the facility identified several areas of noncompliance, including that Valero failed to immediately report releases of hazardous substances, update certain process safety information, adequately analyze certain process hazards, and develop and implement certain written operating procedures.
Under the terms of the settlement, Valero has agreed to make significant chemical safety improvements at the Benicia Refinery. The company has already made several of these changes, related to chemical safety, in response to EPA’s inspection. These improvements include updating and modifying process hazard analyses, modifying operating procedures, modifying reporting policies, and improving employee training. The settlement also requires Valero to modify several pressure-relief valves and update process hazard analyses to consider hazards of power loss at the facility. As part of the settlement, Valero will continue to implement safety improvements through June 2025.
The Benicia Refinery is one of thousands of facilities nationwide that make, use, and store extremely hazardous substances. Reducing the risk of accidental releases at industrial and chemical facilities like the Benicia Refinery is one of EPA’s National Enforcement and Compliance Initiatives. Catastrophic accidents at these facilities can result in death or serious injuries; impacts to the community, including orders to evacuate or shelter-in-place; and other harm to human health and the environment. The Clean Air Act requires that industrial and chemical facilities that store large amounts of hazardous substances develop and implement a Risk Management Plan to reduce the risk of accidental releases.
For more information on the Clean Air Act’s Risk Management Plan Program, please visit EPA’s Risk Management Program (RMP) Rule webpage.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
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