Category Archives: Air Monitoring

Questionable community outreach by Air District for Industrial Safety Ordinance audits

From local emails…

FIRST ROUND OF EMAILS…

From: Roger Straw
Sent: Friday, July 06, 2018 9:45 AM
Subject: FW: [BAAQMD Coalition] Questionable community outreach for Industrial Safety Ordinance audits

This is amazing – read below, from bottom, up.  (Click on the image for larger display.)  And then come back and ask a couple of questions:

  1. Does Solano County have to report to the public like this now – even under current regulations?  Do they publish a notice like the one Nancy sent from Crockett?  Is this something that our newbie “CUPA” needs to be doing on our behalf?
  2. If/when we have an ISO, what assurances do we have the Hazardous Materials staff (Contra Costa OR Solano) would be any more attentive to Benicia citizens’ needs.  (Randy Sawyer should be embarrassed by this.)

I think the Working Group could be making a big deal out of this!  I think I’ll post about it on the BenIndy.

Roger


Begin forwarded message:

On Tue, Jul 3, 2018, 3:28 PM Nancy Rieser via BAAQMD Network wrote:

The Contra Costa Health Department considers a booth behind an elementary school two blocks away from a street fair in Crockett as a “public meeting..”   They reckon that the booth where they will be twiddling their fingers while the locals drink and dance a few blocks away will meet its obligation to hold a face-to-face public meeting.

Guess we are lucky.  Martinez gets its face-to-face at a Christmas tree farm in August on National Night Out.

I called the Health Department:  The gentleman who answered the phone said that apparently nobody cares enough to hear this kind of information and they won’t hold a meeting unless they can get a guaranteed audience of 25 people.  Neither will they mail notices to individual homes about their meeting to hustle the crowds.  “It is too expensive.”

LATER, VERY INTERESTING!

From: Ralph Dennis
Sent: Wednesday, July 11, 2018 12:26 PM
Subject: ISO related

I noticed in the Benicia Herald this morning two public notices for Risk Management Plans prepared by Solano County Department of Resource Management, one for Praxair and the other for Benicia’s Water Treatment Plant. These are part of the 5-year audit review process, I believe, the same reports referenced in the Contra Costa County notice you sent around the other day.

I figured there ought to be one for Valero, so I called the Solano County Department of Resource Management. Turns out the Valero plan was filed in Dec. 2017 and is still under review. The staffer I spoke with who is doing the review is suppose to call me about status. Interesting, I guess: no public meetings planned, copies of plans not available in our library (as in Contra Costa County). He seemed surprised at my question about public meetings, said he could check with management.

CCHMP public notice meetings July-Aug 2018

Progressive Dems call for Industrial Safety Ordinance, Council votes NO

By Roger Straw

At the Progressive Democrats of Benicia membership meeting of June 18, PDB voted unanimously (with one abstention) to ask Benicia City Council to support the issuance of an Industrial Safety Ordinance (ISO) for the City of Benicia and approve Mayor Patterson’s request to direct City Staff to review a Draft ISO.  The PDB recommendation was that staff report findings back to the City Council no more than 90 days from June 19, 2018.

Acting PDB Chairperson Craig Snider drew up a resolution following our meeting expressing our concerns, and presented it at City Council the following evening, June 19.

After much discussion lasting until 1 AM, the City Council voted 3-2 to reject Mayor Patterson’s request and to wait and watch what Valero and regulatory agencies do based on recent new regional and state air monitoring regulations, and to engage Valero and regulatory agencies in discussions.

Two Council members qualified their rejection of the proposed ISO.  Council members Campbell and Schwartzman stated for the record that if Valero does not install certain Air-District-required “fenceline” air monitors within 6 months, they would vote to impose an industrial safety ordinance.  All five Council members also would like to see “community” air monitors.

Draft minutes detailing Council’s 6/19 decision read as follows:

On motion of Council Member Hughes, seconded by Council Member Schwartzman, Council approved Option #2 in the staff report, directing Staff to monitor Solano County’s implementation of Program Four, directing Staff to meet with Valero and the appropriate regulatory agencies to address the few gaps that exist between Contra Costa County’s ISO and Program #4, including more effective and frequent communications with the City, Valero, and the community, fence line monitors installed within 6 months (while that was going on, the community monitoring could be negotiated), an evacuation plan, and having a report back to the City Council the first meeting in November, on a roll call by the following vote:
Ayes: Campbell, Hughes, Schwartzman
Noes: Young, Patterson

For more, including video segments of the Council meeting, see benindy.wpengine.com/iso/.

ISO Working Group personal reflection: City Council says no to industrial safety…for now

By Roger Straw

Council turns down draft local ISO, puts trust in Valero, County, State and Air District

Roger Straw, The Benicia Independent

It’s a sad story.  An ambitious and dedicated group of us formed a Benicia ISO Working Group over 7 months ago.  We met, researched, wrote, met with officials and embraced the pro-bono attorney labors of Terry Mollica, who drafted a head-start on Benicia’s own Industrial Safety Ordinance.

The City Council didn’t buy it.  Mostly, they bought the joint opinion of Valero, Solano County and the Bay Area Air District – that a LOCAL ordinance is redundant given new regional and state regulations.  Which of course, it isn’t – redundant, that is.

Mayor Patterson and Vice-mayor Steve Young voted to direct staff to further review the concept and the draft ordinance and return to Council with recommendations.  Mark Hughes (predictably), along with Alan Schwartzman and Tom Campbell, voted to wait awhile.

Significantly, for the first time on the public record, all five agreed that the City of Benicia and its residents are long overdue for air monitors.

Campbell and Schwartzman threatened Valero that they would revisit the issue and vote in favor of an ISO in November 2018 if Valero has not complied with a new Air District requirement for a few “fenceline” air monitors on Valero’s southeast border.

Of course, we would get fenceline AND COMMUNITY-BASED, neighborhood air monitors with the draft ISO.  But three Councilmembers chose to take a slower route with much less leverage over our local Goliath.

It could go either way in November or December.  Valero could conceivably install the required but totally inadequate fenceline monitors.  Or they could seek a delay, or just never perform.  It really doesn’t matter.  Many are saying we should sit tight, and hold Councilmembers Schwartzman and Campbell to their promise if Valero doesn’t comply – that they would then vote for an ISO.  Fine, but a better plan is to simply remember that Councilmember Hughes is up for re-election in November.  Whether or not Valero complies, a third vote on Council would be assured with Hughes’ defeat in November.

This isn’t over.  Benicia continues as the only refinery town in the Bay Area without a local industrial safety ordinance.  Our City staff and our citizens need a measure of oversight and control when it comes to our public health and safety.

ISO Working Group: Benicia Deserves a Local Industrial Safety Ordinance (Part 3)

Repost from the Benicia Herald

ISO Working Group: Benicia Deserves a Local Industrial Safety Ordinance (Part 3)

By Benicia ISO Working Group, June 19, 2018

In Parts 1 and 2 of this series, we examined the health effects and costs of particulates and other air pollutants and pointed out the inadequacies of Valero’ proposed air monitoring plan, now under review at the Bay Area Air Quality Management District (BAAQMD).  Today we will look at other statewide developments on air quality, and the continuing need for a LOCAL Industrial Safety Ordinance (ISO).

Valero and others have pointed out that community air monitoring programs are part of the recently adopted California Air Resources Board (CARB) statewide mandate to determine which communities are most impacted by poor ambient air quality.  The expectation is that local air districts will install community monitors on a prioritized basis, and that Benicia might qualify and benefit. This is a reference to AB 617, and we understand that Benicia could self-nominate to seek funds through AB 617. However, City staff has declined to spend time on an application, and even if it did, would likely not benefit much.  Only $5 million is available statewide for communities who qualify, with a priority on disadvantaged communities.

At this point in time, the ISO Working Group expects a draft Benicia ISO to incorporate a provision that requires a communitywide air monitoring program, one which integrates existing programs and data collection to the extent relevant and practical. Any additional air monitoring that becomes available to Benicia through AB 617, CARB, the BAAQMD or other outside source can be integrated into the Benicia ISO’s overall plan for monitoring, oversight and correction.

Benicia deserves better! Benicia deserves a communitywide monitoring program, not fence line only.  Benicia deserves a program that provides data and meaningful analysis and information to the general public on a 24/7, real-time basis. Valero’s current proposal will not do this, and other regional and state monitoring programs on the horizon that may include Benicia have unclear implementation dates and are severely underfunded. In the meantime, what’s in Benicia’s air remains unclear.

A Benicia ISO will give City staff, Council members and representatives of the schools and residents a seat at the table when decisions are made concerning air monitoring and more.  A Benicia ISO will strengthen the City’s response during emergencies and “rare conditions,” and provide detailed reporting to City staff, Council members and the public during and after such events.  A Benicia ISO would improve cooperation and communication between industry and the City, County, local fire departments and regional and statewide oversight agencies.  A Benicia ISO would – after years of waiting – bring community-wide air monitors to Benicia.  A Benicia ISO would bring a strong measure of local control and locally nimble response when it comes to our own health and safety.

Finally – and importantly – an ISO would be budget neutral for the City, supported from fees through implementation and enforcement of the ISO. Benicia’s ISO will engage the experts we need to participate as equals at the table reviewing documents and regulations on behalf of the City and community.

Please contact the Mayor, City Council members, and Benicia’s City Manager to let them know you support a community industrial safety ordinance for Benicia.    


The Benicia ISO Working Group is an ad hoc citizen’s group of about a dozen Benicia residents.  Since October 2017, the Working Group has been studying, writing, meeting with officials and advocating that Benicia join all other Bay Area refinery towns in passing a local community industrial safety ordinance.  More information: benindy.wpengine.com/iso.