Tag Archives: Keeping Watch on Earth News

Video and photos at Port of Benicia show fossil fuel polluter in the act

[See also: Baykeeper notice of intent to sue Amports; Marilyn Bardet – Petcoke pollution in Benicia, photos going back to 1995; Cracking Down on Refinery Emissions – all about “cat crackers”]

Lawsuit noticed against the petcoke loading operation at the Port of Benicia

Amports’ Port of Benicia, petcoke plume in the Carquinez Strait.  Photo: SF Baykeeper

For immediate release: October 6, 2021

Public Tips Lead to Catching Fossil Fuel Polluter in the Act – Baykeeper Notifies Benicia Petcoke Polluter of Intent to Sue

Oakland, CA—San Francisco Baykeeper yesterday served a notice of intent to sue Amports, the owner of the Port of Benicia, alleging repeated violations of the Clean Water Act.

Baykeeper, responding to tips to its pollution hotline, observed several instances of petroleum coke dust being discharged directly into the Carquinez Strait portion of the Bay during the loading of cargo ships.

Petroleum coke (petcoke) is an oil refinery waste product that contains copper, zinc, nickel, arsenic, mercury, and vanadium, which are all considered to be toxic substances by the EPA and are regulated under the Clean Water Act.

“Petcoke from the Amports facility may have been polluting San Francisco Bay and the nearby community for years, and now thanks to tips from the public, Baykeeper was able to catch the polluter red handed,” said Baykeeper executive director Sejal Choksi-Chugh. “Baykeeper plans to make sure the Amports terminal is cleaned up and the polluter is held accountable for creating a toxic mess that could hurt people and the environment.”

Baykeeper observed and documented numerous instances of petcoke being discharged directly into the Bay during the cargo loading process between November 2020 and March 2021. Baykeeper video, taken by drone, has captured black plumes of petcoke that can be seen in the water drifting away from the ship with the currents during and after loading and cleaning.  (Video and photographs available here)

Amports’ Port of Benicia, petcoke spill in the Carquinez Strait.  Photo: SF Baykeeper

Baykeeper observed petcoke spilling off the conveyor belt system and entering the Bay. Additionally, Baykeeper observed a significant amount of petcoke deposited onto the decks of ships due to overspray, where it was then hosed off the deck directly into the Bay at the end of the loading process.

In the majority of Baykeeper’s hundreds of past industrial pollution cases, the polluting company and Baykeeper have negotiated a settlement in which the company agreed to a specific plan and timeline to clean up its operations and come into compliance with the laws. If the allegations can’t be resolved within sixty days of receiving the notice of intent to sue, Baykeeper will file and prosecute a lawsuit in federal court.

“While we prefer to resolve this quickly and amicably, either settlement negotiations or success at trial will lead to structural and procedural improvements at the Port of Benicia that would stop the polluting activities and require the company to comply with all applicable environmental laws,” said Choksi-Chugh. “Ultimately that means the Bay, its wildlife, and nearby residents will be better protected from petcoke pollution in the future.”

The Port of Benicia Terminal, owned by Amports, is located in a community historically exposed to pollution, and is near a fishing pier, a point of public access to the Bay, and an area that is home to a variety of wildlife. The heavy metals found in petcoke are known to be harmful to fish and birds.  Petcoke dust is also found to have irreversible respiratory effects in humans, and exposure to the pollutants in petcoke can cause severe health problems like asthma, lung cancer, and heart disease.

The petcoke loaded onto ships in the Port of Benicia is mostly exported to Asia, where it is burned for fuel. When burned, petcoke is a significant climate pollutant that is considered to be dirtier and more carbon-emitting than coal.

Founded in 1989, Baykeeper is the only organization that regularly patrols San Francisco Bay for polluters, by both boat and drone, and holds polluters and agencies accountable to create healthier communities and help wildlife thrive. Anyone who witnesses pollution happening on the Bay may report it to 1-800-KEEP-BAY or hotline@baykeeper.org.

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San Francisco Baykeeper
 Keeping an eye on the Bay since 1989

Mark Westlund, Communications Director (he/him)

San Francisco Baykeeper 1736 Franklin St #800 | Oakland, CA 94612
Office: 510-735-9700 x(111) Mobile: 510-841-8329 

baykeeper.org

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We did it! The Air District Passed the Strongest Regulation on Refinery Pollution

By Roger Straw, July 22, 2021

Air District approves Rule 6-5, a new rule requiring Bay Area refineries to clean up their air pollution

Benicia and Bay Area environmental activists are celebrating this week after years of advocacy to get the area’s refineries to reign in the worst of their air pollution.

Our Air District’s newly adopted Rule 6-5, “Particulate Emissions from Refinery Fluidized Catalytic Cracking Units” will require refineries to install “wet gas scrubbers,” like the one at Valero Refinery in Benicia.

Andrés Soto, Communities For a Better Environment

Andrés Soto, Benicia resident and longtime organizer for Communities for a Better Environment (CBE), worked tirelessly for years advocating for rule 6-5.  In a CBE press release, Soto wrote,

“This is a huge win for environmental justice communities who have been fighting for this rule for years as a matter of racial, environmental, and climate justice. Despite a widespread misinformation campaign by the refineries and their allies of exaggerated costs that threatened our communities with doomsday scenarios, the Board of Directors made an historic vote today on behalf of disproportionately impacted communities.”

“We look forward to Chevron and PBF doing the right thing and installing wet gas scrubbers that will dramatically clean up their pollution and create numerous jobs in the process, without further delays,”

Benicia Mayor Steve Young

In hearing testimony before the Air District Board on Wednesday, Benicia Mayor Steve Young urged approval of Rule 6-5.  He pointed out that here in Benicia…

“…we have over a decade of experience of the value of the wet gas scrubbers. Valero installed a wet gas scrubber in 2010, and emissions data has shown a significant reduction in the overall emissions of criteria pollutants since it went online. Valero voluntarily addressed the problem of PM 2.5 emissions from their cat cracker by installing the wet gas scrubber. It is past time to do the right thing for clean air in the Bay Area. Please approve Rule 6-5”

In a Wednesday blog posting, 350 Bay Area urged thank-yous for the Air District Board members who voted yes in the 19 to 3 vote to approve Rule
6-5.  Thank goodness, both of Solano County’s Board members voted yes!  Take a minute and send your thanks to Solano Supervisor Erin Hannigan and Suisun City Mayor Lori Wilson.

Solano Supervisor Erin Hannigan
Phone: (707) 784-6662
ehannigan@solanocounty.com
675 Texas Street, Suite 6500
Fairfield, CA 94533-6352

Suisun City Mayor Lori D. Wilson
City Hall: 707-421-7300
Direct: 707-410-0585
lwilson@suisun.com
701 Civic Center Blvd.
Suisun City, CA 94585

More from 350 Bay Area:

After delaying the vote last month, the Air District Board voted this morning in favor of rule 6-5, the rule requiring refineries to clean up their air pollution.

This is a BIG deal and many activists have worked hard to make this happen. It’s been a years’ long coalition effort, but organizing works. The health and environmental justice arguments and dogged appeals to each board member (finally) paid off.

A big special thank you to our folks who stepped up to contact their representatives on the Board, and kudos to the coalition of community groups who put in years of effort. Huge gratitude to Communities for a Better Environment, Sunflower Alliance, APEN, and the health professionals from PSR and Climate Health Now. The headlines (Reuters) are already reading: Northern California requires oil refiners to slash air pollution — in which 350 Bay Area leader, Jan Kirsch, is quoted.

“I was there for the vote. Great victory for all involved. I will send a thank you to John Bauters from my esteemed home of Emeryville” — 350 Bay Area Leader

Toolkit: thank your representative!
The final vote was 19 YES and 3 NO.
350Bay Area Staff comment:

“The Air District Board’s decision to step up and fulfill the mandate of our regional Air District was necessary to protect lives and the health of our communities, particularly the already-disadvantaged communities in the path of the emissions monsters. We recognize that it took political courage to stand up to the refineries and other fossil fuel interests, who pulled out all the stops with an aggressive disinformation campaign as the decision neared. The community responded to this disinformation campaign robustly and with a focus on justice. That alone is a win for the Bay Area.

The win at the Air District is one that we embrace, and we welcome the eventual improvement in the air around the Bay Area. We are grateful to the large coalition of community organizations and individuals who spent many years collaborating and educating. We remain concerned that these common sense solutions that save lives and money still take so much work to enact, and are committed to continuing the work of improving air quality and phasing out fossil fuels to save lives and climate stability.”

— Nik, 350 Bay Area Staff

A well deserved celebration is in order today (YAY), and don’t forget to thank any/all representatives who voted YES in this historic vote.

For truly cleaner air,
Your 350BA Organizers

Benicia looking to hire full time Climate Action Plan Coordinator

[Editor: see below for info and links on Benicia’s hiring of a new Climate Action Plan Coordinator.  Pass the word!  – R.S.]

City Manager Erik Upson, City of Benicia This Week, June 21, 2021

We’re Hiring

Looking for a new job or a change in career? The City of Benicia Human Resources Division is accepting applications for the following positions:

  • Community Preservation Officer
  • Facility Attendant II (Part Time)
  • Human Resources Assistant – Limited Duration NEW
    Lifeguard
  •  Management Analyst I/II – Climate Action Coordinator – Limited Duration NEW   (Editor: for details click here, including MANAGEMENT ANALYST I/II – CLIMATE ACTION….first review of applications scheduled for June 28, 2021. This limited duration position is anticipated to last approximately 12 months and is in the Economic Development Department. Full Time $5,697.08 – $7,617.56 Monthly)
  • Parks Landscape Building Maintenance Worker (Parks Division) NEW
  • Police Officer – Academy/Non-Lateral
  • Police Officer – Lateral (Currently Working)
  • Recreation Specialist
  • Reserve Officer (Volunteer)
  • Seasonal Senior Lead Park Worker (Part Time)

To apply for any of these positions, the application and supplemental forms may be found online, then click the job title. Employment applications may also be obtained from, and must be returned to, Human Resources at 250 East L Street, Benicia. Sign up with Job Interest Cards to be notified of future position openings when they occur.

Is this Benicia’s future? New Mexico stuck with $8 billion in fossil fuel cleanup

New Mexico Stuck With $8 billion in Cleanup for Oil Wells, Highlighting Dangers From Fossil Fuel Dependence

The oil industry boasts that it fills state coffers with revenues from drilling, but a new study finds a serious gap in funding available to tackle the environmental legacy of abandoned wells.

DeSmog.com, by Nick Cunningham, May 26, 2021
Oil stored in tanks. Credit: Bureau of Land Management (CC BY 2.0)

New Mexico is facing more than $8 billion in cleanup costs for oil and gas wells, an enormous liability that taxpayers could be left to pick up if drillers go out of business or walk away from their obligations.

Cleaning up old wells at the end of their operating lives can be expensive, and typically states require drillers to cover part of the cleanup cost at the outset, known as financial assurance requirements. The money is tapped later on when the well or pipeline must be dismantled and cleaned up.

But a study commissioned by the New Mexico State Land Office published on April 30 found that “financial assurance requirements do not exist for much of the oil and gas infrastructure explored in this study, and in some cases where such requirements are imposed, operators may have multiple ways of minimizing or avoiding those requirements.” The study was conducted by the Center for Applied Research, an independent analytical firm.

Inadequate bonding requirements means there is a serious gap in available funding to properly clean up after the fossil fuel industry. According to the report, it could cost as much as $8.38 billion to clean up the state’s tens of thousands of wells and associated pipeline infrastructure. Alarmingly, however, New Mexico only has $201 million tucked away for cleanup, leaving a hole of $8.1 billion.

“That’s $8.1 billion that we don’t have,” New Mexico Commissioner of Public Lands Stephanie Garcia Richard said in a statement. “Enormous sums of taxpayer money and money meant for public schools, along with the long-term health of our lands, are on the line.”

The industry likes to boast that oil and gas revenues contribute roughly a third of the state’s general fund — a fact that the New Mexico Oil & Gas Association (NMOGA) triumphantly advertised in a recent report and regularly highlights on social media.

Indeed, drilling accounts for a large source of state revenues. In April 2021, for example, the state took in $109 million in royalties, a record high. Those funds will be funneled into public services, including schools and hospitals.

As the report exposed, however, the massive liability put onto the public in cleanup costs somewhat undercuts the notion that the oil and gas industry is a financial godsend.

The industry has helped fill state coffers in recent years, with oil production booming to roughly 1 million barrels per day, more than double production levels from five years ago. According to the report, last year the oil and gas industry produced nearly 370 million barrels of oil and 2 trillion cubic feet of natural gas from roughly 60,000 wells, which was transported on 35,000 miles of pipelines.

But as the State Land Office study highlights, the industry is leaving behind enormous costs for the state and the general public to deal with at a later date, a liability that is mostly obscured from public discussion.

The average cost to plug an old well and reclaim the surface is over $182,000 per well, but the state only has the finances to cover a little over $3,200 per well. The funding gap is even more staggering for pipelines. Decommissioning and reclamation costs are roughly $211,000 per mile of pipeline, but available financial assurance only totals about $51 per mile.

A pump jack in Roswell, New Mexico. Credit: BLM(CC BY 2.0)

The risk to the public from inadequate bonding requirements is compounded by the fact that oil and gas drillers can go out of business long before wells are cleaned up, which can be years or even decades later. The U.S. shale industry has burned through hundreds of billions of dollars in cash, and there have been more than 250 bankruptcies of North American oil and gas companies since 2015. And as the clean energy transition accelerates, the financial challenges to the industry are likely to only grow more severe.

The state has long suffered from the roller coaster cycles of extractive industry, according to James Jimenez, executive director of New Mexico Voices for Children, a health, education, and economic advocacy organization. “We’ve made policy choices in boom times that have really exacerbated our over-dependence on oil and natural gas revenues,” Jimenez told DeSmog.

“Because of the really volatile nature of the oil and gas industries, we haven’t had sustainability in the programs,” he said. A dependence on a boom-and-bust industry has forced the state to make cuts to school systems during downturns in the past.

“We need to reduce this over reliance we have on oil and natural gas to fund really basic important programs like our K-12 education and higher education systems,” Jimenez said. He added that the state should diversify its revenue base, such as through progressive taxation on the wealthy and supporting non-extractive business sectors.

Even as money flows to the state from drilling today, the unfunded liabilities of cleanup that are dumped onto the public also highlight the downside to such high levels of drilling. “The $8 billion that it would take to do the cleanup would have to come from somewhere,” Jimenez said. Dollars spent on cleaning up the waste from the oil and gas industry, are dollars not spent on other important needs, such as rural broadband or road infrastructure, he added.

“The answers are simple and urgent — raise royalty rates and taxes on the industry, stash away the revenues in our Permanent Fund to stabilize cash flows, and spend current budget dollars on investments to diversify our economy,” Thomas Singer, senior policy advisor at the Western Environmental Law Center, told DeSmog via email.

NMOGA did not respond to a request for comment.

Well pad near Roswell, NM. Credit: BLM(CC BY 2.0)

On top of the financial risks from abandoned wells, the fossil fuel industry brings numerous environmental and public health hazards as well. Oil and gas operations have contributed to a deterioration in air quality in the state. And in northwestern New Mexico, there have been more than 300 accidents since 2019, including oil spills, fires, blowouts, and gas releases, and much of it has occurred on Navajo land, as reported by Capital & Main.

A recently published peer-reviewed study found that shut-in conventional oil wells in the Permian basin could be leaking a substantial amount of methane, a powerful greenhouse gas that exacerbates climate change.

“New Mexicans must recognize that while industrialization of our landscape to produce oil and gas brings revenue today, if not properly cleaned up, it also jeopardizes our economy of the future,” Singer said. Allowing drillers “to defer this obligation indefinitely puts the state and taxpayers at great risk that they will have pick up the tab or leave these areas as polluted sacrifice zones.”