Category Archives: EPA

Clean Air Act, EPA, Martinez Refining Company

Toxicologists descend on Martinez after chemical dump

 

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.”

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Benicia CA, Clean Water Action, EPA, Travis Air Force Base, Valero Benicia Refinery

Travis Air Force Base ordered to address dishonorable discharges

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.

Clean Air Act, EPA, Tesoro

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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Benicia CA, Clean Air Act, EPA, Valero Benicia Refinery

Valero hit with $1.2 million penalty for toxic flaring in Benicia

U.S. EPA hits Valero’s oil refinery in Benicia with $1.2 million penalty for two toxic flaring incidents

San Francisco Chronicle, by Julie Johnson, April 5, 2023

A picture of Valero's Benicia Refinery
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.”

Reach Julie Johnson: julie.johnson@sfchronicle.com; Twitter: @juliejohnson

 

Letterhead image for Environmental Protection Agency Newsroom

EPA Orders Valero Refining to Improve Chemical Safety at Benicia, CA Refinery

Settlement Also Requires Company to Pay $1.2 Million Penalty for Clean Air Act Violations

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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