Category Archives: EPA

Police oversight, clean energy & clean air in 3 clicks

Signing the petition, making the call or writing the email has never been and will never be pointless

By Nathalie Christian, May 8, 2023

Sometimes signing petitions and writing emails or calls like those suggested below can feel . . . pointless at best, and performative at worst.  But these actions – even as insignificant as they may feel – are neither.

Research, experience and most importantly results prove time and again that policymakers absolutely consider petitions, phone calls, emails and yet more petitions when making decisions. While your pebble may feel small, adding it to a pile and encouraging others in your networks to add their pebbles as well are the first steps in triggering a landslide.

In full disclosure, you may need a few more than three clicks to complete the three proposed actions laid out here today, but you can still make a big difference in the time it takes for your tea or coffee to brew. And the minutes you take today can influence years of decision-making and legislation, and ultimately the lifetimes of many.

[Note: I am ordering these by urgency, not importance. For example, while the EPA is accepting public comment on proposed regulations through July 5, there are important hearings May 9, 10 and 11 that you may want to know about.]

1. Call or Email: Tell your Assembly Members to OPPOSE Assembly Bill 538, which threatens California’s clean energy goals and autonomy

A picture of a power pole.
Major environmental organizations including 350 Bay Area Action, the Sierra Club and Indivisible advise that AB 538 could prevent California from meeting essential clean energy goals. | Uncredited image from 350 Bay Area Action.

Anyone can participate in this important action, but if you’re living Bay Area Assembly Districts 11 (Lori Wilson), 21 (Diane Papan) and 28 (Gail Pellerin), your voice is especially needed. (Find out which district you live in here. If you live in Solano County, Lori Wilson is your assembly representative.)

These three members of the Assembly Appropriations Committee are voting on a grid-related bill that 350 Bay Area Action, the Sierra Club and Indivisible will lump California in with a multistate regional transmission organization, potentially throwing a pretty big wrench in CA’s efforts to meet its clean energy goals. The phone numbers, email addresses and script below provide a quick way you can help oppose this bill.

If you’re a constituent of AD 11, 21 or 28:  Please use the following message for calling or emailing . . .

Suggested message: 

I am your constituent and a member of 350 Bay Area Action, a 20,000-member strong climate justice organization.  After long consideration, we have taken an OPPOSE position on AB 538.

AB 538 creates a new multi-Western state electricity market that would threaten California’s clean energy goals and autonomy without significantly improving access to regional energy markets.  Proposed amendments cannot fix this bill.

    • If the bill is on the Consent Calendar, please request that it be it taken off.
    • Once it’s off Consent, please don’t vote for it. Either vote against it, or don’t vote.

Thank you for your consideration!

Sincerely yours,

[Name / City]

Non-constituents:  Use the above message and simply start by saying you’re a member of 350 Bay Area Action.

2. Petition or public comment: Support the most ambitious vehicle emissions regulations ever proposed.

EPA logo

The EPA has just proposed what the Climate Reality Project is calling “the strongest regulations on vehicle emissions ever.” Despite improved regulations for heavy-duty vehicles, light- and medium-duty vehicles (like passenger cars and delivery trucks) still produce a tremendous amount of toxic tailpipe pollutants. According to Climate Reality, the regulations the EPA proposed could prevent nearly 10 billion tons of CO2 emissions through 2055.

Naturally, the proposed regulations are under attack by the usual suspects. While the EPA is still taking public comments, they need to hear from us. It’s up to average citizens like you and me to balance the histrionics from the conservatives and corporations who desperately want to keep fossil fuels-guzzling cars on the road.

Here are three ways you can support this ambitious new set of regulations:

3. Petition: Boost Vallejo residents demanding independent police oversight

Police officers stand in a loose formation, holding firearms. In the center of the formation is a man in a red shirt with a badge but no firearm.
The Vallejo Police Department continues to resist reform despite historic levels of community distrust. This behavior is ultimately abetted by scant acknowledgment and nearly no action made by Vallejo leaders on behalf of their constituents, who are demanding change, transparency and accountability in this petition. | Uncredited image from petition.
Members of the Solano County ACLU Chapter started this petition to demand independent, external oversight over the very troubled Vallejo Police Department. The case the petition makes is clear, compelling and actionable. Anyone can sign (even if you don’t live in Vallejo), so please take a quick minute to do so and then to share it with your networks. 

From the petition: “Vallejo Police Department (VPD) is the most troubled police department in northern California. This is clear to residents of Vallejo, potential VPD applicants, local and national media, and police professionals in the Bay Area. But this has never been directly acknowledged by our leaders, nor has there been a substantive attempt to make amends to the families who have lost loved ones, to those who have been subjected to police abuse, or to the community. Past attempts at reform have been completely ineffective.”

Read more and sign the petition at change.org . . . 

 

[P. S. I am sorry for shoving three important actions in a single post, possibly reducing the chances that you will complete any of them. The Benicia Independent has a backlog of articles and posts I want to publish and, in the interest of time and space, I am compromising. I encourage you to share these actions with your networks and really highlight the need and the urgency to ensure we have the best chance of being heard on these important topics. –N.C.]


Read more! While we’re talking about Air Quality,  check out these resources:

Toxicologists descend on Martinez after chemical dump

[BenIndy contributor Nathalie Christian: Wow. I didn’t know that the Martinez Refining Company had initially insisted that the white powder that drifted from their facilities into residential neighborhoods was non-toxic, only for Contra Costa County to have to hit back that, no, that powder was very toxic, actually. (Benicia got a taste of that toxic powder too, by the way.) It’s wonderful that Contra Costa has the departments, agencies and mechanisms in place to ensure residents have access to answers – and remediation – after events like this. I’m linking Roger Straw’s fabulous archives regarding the ongoing saga of residents seeking oversight support for similar transgressions in Benicia just below this article. Please take a look.]

Toxicologists to determine if residents were poisoned

East Bay Times, by Katie Lauer, May 5, 2023

A picture of Martinez Refining Company in the distance with residences in the foreground.
People living near the Martinez Refining Company in Martinez are under a health advisory from the Contra Costa Health Services to not eat food grown in their gardens until they have tested or replaced their soil due to a refinery accidentally release of dust containing heavy metals in November | Anda Chu/Bay Area News Group

 

Tens of thousands of people living in and around the Martinez Refinery Company still don’t know for certain if — or to what extent — they were poisoned last November.

But five months after 24 tons of toxic, dusty residue from gasoline, diesel and jet fuel flowing through the refinery first showered down on its next-door neighbors, new soil samples collected this week may finally confirm what dangers still linger there by late May or early June, county health officials announced Thursday.


People living nearby were told in March to discard any food grown in gardens and fruit trees, just to be safe.


Last Thanksgiving, the company posted on Facebook that the fine white substance that blanketed cars, porches and plants over the holiday was from a “non-toxic”, “non-hazardous” and “naturally occurring” catalyst dust expelled from its facility on the edge of town.

But within a few days, the Contra Costa County Health Department alerted residents that the ashy grit actually contained aluminum, barium, chromium and other hazardous metals — chemicals that are linked to nausea, vomiting, respiratory issues, immune system dysfunction, cancer and even death.

People living nearby were told in March to discard any food grown in gardens and fruit trees, just to be safe.

On Thursday, TRC, a Concord-based environmental consulting firm, started collecting soil samples from 14 different sites neighboring the refinery, which is located at 3485 Pacheco Blvd. Toxicologists will now evaluate the extent of contamination that residents were exposed to through skin contact, inhalation or consumption of food grown in the ground, according to Laura Trozzolo, a senior human health risk assessor with TRC.

She said the soil sample locations were chosen based on a map of where the plume of particles likely landed, using models from the Bay Area Air Quality Management District created using residents’ observations and wind simulations.

Trozzolo said that neither the five-month delay in data collection — due to the county’s lengthy contracting procedures — nor the recent historic storms that drenched the area should negatively impact lab findings.

“If we’ve had any deposition that might have landed on the surface over time, we’re still going to be capturing that within that top six-inch soil layer,” Trozzolo said during a press conference Thursday afternoon. “We do believe that we’re still characterizing and capturing conditions that occurred during that November event.”


“We’re responsible, as the oversight committee, for holding the facility accountable.” — Nicole Heath, Director Contra Costa County’s Hazardous Materials Program


Nicole Heath, director of the county’s hazardous materials program, said a 1990s-era industrial safety ordinance allows them to initiate an independent investigation and community risk assessment any time there’s a “major chemical accident or release,” such as the Martinez Refinery Co. event.

She said that ordinance allows the county to form an oversight committee, which brings together elected officials, county staff and community members with representatives from the refinery and its labor force.

“An independent incident investigation will look at root cause analyses, which would then determine exactly what happened, why it happened and what can we do to prevent things like this from happening again,” Heath said, later adding that similar chemical releases happened twice before at the refinery in the early 2000s, which was owned by Shell at the time. “We’re responsible, as the oversight committee, for holding the facility accountable.”

Meanwhile, the Contra Costa District Attorney’s office opened up a case in January on the refinery’s failure to notify hazmat officials about the hazardous release, according to Matthew Kaufmann, the county’s deputy health director.

Kaufmann said that while the health department can invoice the refinery to reimburse expenses during their investigation, the DA will be in charge of deciding whether or not the Martinez Refining Company should be responsible for financially compensating residents who lost food and soil.

Physical remediation efforts are also stalled until the upcoming lab results are complete, Heath said.

In the meantime, the county is still recommending that residents impacted by the toxic dust avoid eating any produce planted in the soil. However, gardeners are also encouraged to plant new seeds, in the event that soil samples don’t uncover any hazards.

“We are waiting to have the information from the soil sampling and risk assessment from TRC so that we can provide the answers that we know the community is so desperately, desperately seeking,” Heath said. “These corrective actions are in such a nature that they are intended to prevent something similar from happening again.”


Check out the amazing ISO Archives on BenIndy

 

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Travis Air Force Base ordered to address dishonorable discharges

[BenIndy Contributor Nathalie Christian – Here’s more on the latest EPA action in Solano County, this time at Travis Air Force Base. Travis AFB’s 6,368-acre site is located in Fairfield, California. Cheeky headlines aside, jet fuel spilling into creeks and contaminating groundwater is no joke. These spills represent a tremendous danger most immediately to Union Creek’s delicate ecosystem and could create public health impacts down the road. – N.C.]

EPA Orders U.S. Air Force to Address Oil Discharge at Travis Air Force Base

May 4, 2023

Contact Information: John Senn (senn.john@epa.gov)

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) today issued an emergency order to the U.S. Air Force to enhance and expedite measures to address an ongoing oil discharge into Union Creek from the Travis Air Force Base (Travis AFB) in Solano County, Calif. EPA has determined that a substantial threat exists to local waterbodies and shorelines because of the ongoing discharge and previous similar incidents on Travis AFB.

“This order is critical for ensuring that the Air Force addresses the oil discharge into Union Creek in a thorough and timely manner, and that no impacts to public health occur,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA is committed to fully utilizing our authorities to make sure that the current oil discharge is stopped and similar incidents are prevented.”

The order, issued under the Clean Water Act, compels the Air Force take a series of steps to mitigate the oil discharge, including:

  • Utilizing oil spill recovery equipment and techniques to limit the spread of oil in Union Creek;
  • Investigating and mitigating the source of the oil;
  • Collecting and analyzing water and sediment samples in Union Creek; and
  • Implementing actions to prevent oil from entering the storm drain and creek.

The order also requires the Air Force to enter into a unified command structure that brings together the oil spill response expertise of federal, state and local governments to address the discharge. Agencies actively engaged in the response include EPA, the San Francisco Bay Regional Water Quality Control Board, the California Department of Fish and Wildlife’s Office of Spill Prevention and Response, and Solano County.

Oil discharges to Union Creek from Travis AFB were first identified by the Air Force as early as October 2021, but were not reported to EPA or the National Response Center until February 4, 2022. Since that time, the Air Force has made numerous notifications to the National Response Center regarding an oil sheen on Union Creek, including reporting a spill of jet fuel from a pipeline on the base on August 4, 2022. These spill notifications have continued to occur in 2023. EPA analyses of samples collected from the pipeline spill area and from the sheen on Union Creek indicate the contamination at both areas are likely from a common source. On December 21, 2022, the San Francisco Bay Water Quality Control Board sent the Air Force a notice of noncompliance for discharges of jet fuel to Union Creek.

The Air Force has yet to take action to identify and address the source of the oil discharge to Union Creek. The initial oil spill response efforts implemented by the Air Force at Travis AFB were limited, and these efforts were only upgraded after input from EPA and the California Department of Fish and Wildlife Office of Spill Prevention and Response.

Learn more about EPA’s work at Travis Air Force Base.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.

Martinez refinery fined $27.5 million for Clean Air Act violations

U.S. EPA fines Tesoro $27.5 million for violations at Martinez refinery

San Francisco Chronicle, by Joel Umanzor, April 27, 2023

Tesoro Refinery in Martinez
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.

Reach Joel Umanzor: joel.umanzor@sfchronicle.com


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