[Note from BenIndy Contributor Nathalie Christian: Please note that this BAAQMD news release regards separate and new violations distinct from the 16 years of undisclosed, unchecked emissions at the Valero-operated refinery that were first reported in early 2022. According to this release, Valero has also failed to measure and report widespread hydrogen emissions violations at the Benicia Refinery – for up to a decade. The risk to our community is presently unknown. What is known is that our ‘good neighbor’ Valero is failing our community and will continue to do so unless oversight and remediation mechanisms improve. After yet another decades-long series of violations, a pattern of alleged dangerous incompetence at best, and lawless disregard for our community and environment at worst is clearer than ever. Benicia deserves better, and you can help. The Air District will hold a hearing to consider issuing the abatement order, where the public can participate and demand action. I will post the notice for that hearing when it is scheduled, and you can sign up for Hearing Board updates at https://www.baaqmd.gov/contact-us/sign-up-for-information. The bolded elements below reflect my added emphasis.]

Requested abatement order would require the refinery to install pollution control equipment

FOR IMMEDIATE RELEASE: August 10, 2023
CONTACT: communications@baaqmd.gov

SAN FRANCISCO – The Bay Area Air Quality Management District announced today that it is seeking an abatement order from the agency’s independent Hearing Board to require Valero Refining Co. to cease ongoing violations of Air District regulations at its Benicia refinery.

The Air District is seeking an abatement order to require Valero to install pollution control equipment on eight pressure relief devices, or PRDs, installed on the refinery’s hydrogen compressor unit. PRDs are safety devices used to prevent extreme overpressures that could cause catastrophic equipment failure – not unlike the pressure relief valve on a home pressure cooker, but on an industrial scale.

Air District regulations require pollution control equipment to be installed on PRDs that experience two or more releases within five years. Valero’s PRDs have been subject to these requirements for years, and in some cases for over a decade, but Valero has failed to install the required pollution control equipment.

“The extensive violations discovered at Valero’s Benicia refinery are of great concern and the Air District is seeking an abatement order to ensure that Valero takes action to prevent harmful emissions from impacting the communities surrounding the refinery,” said Alexander Crockett, the Air District’s chief counsel. “Our priority is to protect the health and well-being of our communities, and we will vigorously pursue enforcement measures to achieve cleaner and safer air for all residents of the Bay Area.”

PRDs release emissions during upset conditions and not on a day-to-day basis. However, when PRDs releases do occur, the emissions go directly to the atmosphere unless they are captured and/or abated. The Air District is seeking this abatement order to require abatement equipment to prevent emissions from going into the atmosphere if and when any PRDs do experience releases.

Air District staff discovered these PRD violations in connection with an investigation into a series of widespread violations involving Valero’s hydrogen system, including extensive emissions from a hydrogen vent for which the Hearing Board issued an abatement order in 2022. Valero is required to report releases from its hydrogen system PRDs to the Air District, but it failed to do so for over ten years. As a result, these ongoing violations did not come to light until the Air District conducted further investigations after it found the hydrogen vent violations.

The Air District’s Hearing Board is an independent tribunal created by state law with the power to order violators to cease operating until they come into compliance with Air District regulations. Hearing Board proceedings are open to the public, and the public is encouraged to participate and comment when the Hearing Board holds a hearing to consider issuing the requested abatement order. Once the hearing is scheduled, a link will be posted on the Air District’s website at www.baaqmd.gov. The public can also sign up for Hearing Board updates at https://www.baaqmd.gov/contact-us/sign-up-for-information.

The Hearing Board is not empowered to impose monetary penalties for violations of Air District regulations. The Air District will take separate enforcement action to assess penalties for these violations to the maximum extent provided for by law. The purpose of this abatement order request is to seek an order requiring Valero to cease its ongoing violations with respect to these PRDs and immediately come into compliance.

Read more! As Air Quality is so essential to our health, you might want to check out these resources:

• • Benicia Valero Refinery failing to meet Bay Area Air District requirements
  • We Can’t Improve What We Don’t Measure – Oil giants like Valero are spending big to avoid sharing crucial climate data
  • Benicia Herald: ‘Refineries failing at fenceline monitoring’
  • BCAMP ACTION ALERT: Tell Our Air District That Valero Is Failing
  • Benicia Community Air Monitoring Program website
  • Smell My City  (On Apple App Store, or on Google Play Store)
  • Refinery Air Watch website
  • 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)

Valero’s Community Advisory Panel (CAP) invites Benicia residents to learn about air monitoring and incident response at Benicia Refinery

By Nathalie Christian, May 17, 2023

Save the date of Tuesday, June 13, 4:30 to 6:30 p.m. for a peek behind Valero’s curtain

Benicia residents have received a very special invitation from Valero’s Community Advisory Panel (CAP) to learn about how Valero’s Benicia Refinery monitors air quality and responds to incidents. Please see the image below for the full ad distributed by Valero’s Benicia-based Director of Government Affairs and Community Relations.

Marilyn Bardet, a CAP member representing the Good Neighbor Steering Committee (to name just one of her many community-facing roles), wrote the following regarding this rare opportunity:

The subject will be air monitoring and Valero’s incident reporting as per the current [memorandum of agreement] governing the City’s obligatory relation to Valero vis a vis emergency response, incident reporting, et al. […]

I urge you to attend (via Zoom or in person), especially if you are concerned about air quality in Benicia [and the] transparency and accuracy of Valero’s [monitoring and
reporting].

Of the five San Francisco Bay Area refineries, only the Martinez Refining Company has met the minimum air quality requirement for compliance with the Bay Area Air Quality Management District.

Putting the ‘fine’ in ‘refinery’

In a recent post, Benicia Community Air Monitoring Program Board Member Kathy Kerridge said that after her trip to Valero’s Benicia refinery several months ago, she’s “not surprised” that it and the three other refineries that failed (Richmond’s Chevron and Phillips 66 and Pacheo’s Tesero) were non-compliant with Air District and EPA requirements – despite the ongoing threat of fines.

“Fines are trivial to them,” Kerridge said in the article. Indeed, oil companies like Valero have enjoyed astronomical profits these last few years as they capitalize on the worldwide energy crisis, raking in billions while customers pay more at the pumps.

Such fines include the Benicia Valero refinery agreeing to pay $1.2 million for multiple Clean Air Act violations, including one dangerous incident in 2017 that led to a shelter-in-place order at two elementary schools in Benicia.

When Valero had an adjusted net income of $3.1 billion in the first quarter, nominal payouts for dangerous events impacting Benicia’s most vulnerable – elementary-aged children – can feel “like a direct slap to the face with the community,” as Kerridge has put it.

You can’t spell ‘refinery’ without the word ‘fine,’ after all.

So what do we do when we have community concerns and don’t feel that fines leveraged by the EPA and BAAQMD are having the desired impact?

We should show up to events like these.

A reminder to attend will be posted closer to June 30. Presumably, Zoom details will become available as we approach the date.

[Conflict of interest note: In full disclosure, I recently encouraged a family member to apply to sit on Valero’s CAP. Truly, their intentions were honorable – this family member has a much brighter outlook than I do and really felt Valero could be a great community partner here in Benicia. Alas, they were not selected. One must wonder if our shared last name and my activity here factored in that decision. Thankfully, Marilyn sits on this panel as our representative, and we’re in great hands with her!]

Read more! As Air Quality is so essential to our health, you might want to check out these resources:

• • Benicia Herald: ‘Refineries failing at fenceline monitoring’
  • BCAMP ACTION ALERT: Tell Our Air District That Valero Is Failing
  • Benicia Community Air Monitoring Program website
  • Smell My City  (On Apple App Store, or on Google Play Store)
  • Refinery Air Watch website
  • 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)

[Editor: 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.]

Martinez refinery only one of five in SF Bay Area to pass

Vallejo Times-Herald, by Thomas Gase, April 15, 2023

Of the five San Francisco Bay Area refineries, only the Martinez Refining Company has met the minimum air quality requirement for compliance with the Bay Area Air Quality Management District, according to a news release sent out Friday.

Four other refineries — Benicia’s Valero, Richmond’s Chevron and Phillips 66 and Pacheo’s Tesero — all use the same air monitoring system for H2S, and didn’t meet the requirements as defined by BAAQMD and Rule 12-15.

Rule 12-15, passed in 2016, requires refineries to monitor and report fugitive gasses from their operating equipment, such as valves, compressors, and storage tanks. These emissions impact the health of the surrounding communities — the toxic gases released include noxious chemicals like the cancer-causing benzene and other serious gasses like hydrogen sulfide which can mix with PM 2.5 from other cumulative sources to create a toxic mix that affects the quality of the air.

Benicia Community Air Monitoring Program Board Member Kathy Kerridge said that after a trip to the Valero Refinery a few months ago, she’s not surprised at the four refineries failing.

“I was very much expecting this because when the Benicia Community Air Monitoring Program visited the site the refinery had a slideshow about hydrogen sulfite,” said Kerridge. “They knew what the regulations were and the slide show was showing what it was detecting. You can’t have an average of more than 15 parts per billion and their system was showing many times above that limit. Their three-month plan with different systems and operations was not showing they would be able to pass. They were different from Martinez in that it was clear that what they were doing was not working.”

BAAQMD set new requirements for H2S monitoring (part of Rule 12-15) that went into effect in January. Under the direction of its contractors, these four refineries installed H2S fence line systems that failed to meet the performance standards of the rule, and that provide unreliable, confusing data reports from those fence line sources. The operational and data display requirements in the QAPPs are not uniform across the four refineries.

According to the news release, “All the refineries should utilize equipment that meets the Air District requirements, be as uniform as possible in their operation, and display data to allow communities to compare measurements and performance across them. It is vital that the non-compliant refineries be held accountable — not just by paying fines, but by installing the equipment that will meet the BAAQMD’s requirements without delay.

Kerridge said she is not sure what will happen next, but is hoping to put pressure on the BAAQMD to make the four refineries come in compliance.

“Fines are trivial to them,” Kerridge said. “It’s like they are having a direct slap to the face with the community. The main problem is that the air monitoring gives us the sense of false security.”

Those fines include the Benicia Valero refinery agreeing last week with the U.S. Environmental Protection Agency to pay $1.2 million for violating the Clean Air Act.

After what the EPA called “significant chemical incidents” at the refinery in 2017 and 2019, an inspection found that Valero had failed to report the release of hazardous substances, among other noncompliance issues.

“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 Larry Starfield, the acting assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, in a statement.

As part of the settlement, Valero agreed to make chemical safety improvements at the Benicia refinery.

Emissions from the refinery have plagued nearby residents in recent years, leading city officials in 2019 to urge residents to stay indoors after the refinery started emitting hazardous particulates.

This isn’t the first time the Valero refinery has had to pay up for emitting smoke or chemicals into the air. In April 2017, the Bay Area Air Quality Management District fined Valero $340,000 for 28 violations committed in 2014. A month later, they were hit with four additional violations — one for causing a public nuisance and three for releasing excessive smoke.

The BAAQMD is accepting comments on the refineries’ plans through Thursday at 5 p.m. Comments should be sent to jlapka@baaqmd.gov.  [BenIndy Editor: 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.]

Grace Hase of the Bay Area News Group contributed to this article.

Read more! As Air Quality is so essential to our health, you might want to check out these resources:

• • Benicia Herald: ‘Refineries failing at fenceline monitoring’
  • BCAMP ACTION ALERT: Tell Our Air District That Valero Is Failing
  • Benicia Community Air Monitoring Program website
  • Smell My City  (On Apple App Store, or on Google Play Store)
  • Refinery Air Watch website
  • 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)