Category Archives: Federal investigation

New details in federal investigation into Martinez’s ‘toxic shower’ event

[Note from BenIndy contributor Nathalie Christian: This article covers the FBI/EPA joint investigation of the Martinez Refining Company’s ‘toxic dustfall’ in much more detail than what I posted yesterday. Remember to save the date of June 13 for Valero’s Benicia Refinery CAP’s community presentation on its own incident response and air monitoring programs. Valero does not operate the Martinez refinery that released the toxic materials last year, but its incident response efforts at our own Benicia refinery should concern all Benicians. The flyer for that event is at the end of this post.]

FBI, EPA investigating hazardous chemical release from Martinez refinery

A picture of Martinez Refining Company in the distance with residences in the foreground.
The Martinez Refining Company (in the background) is very close to residential neighborhoods (in the foreground), much like Valero’s Benicia Refinery is close to Benicia’s own residential neighborhoods (and schools). | Anda Chu/Bay Area News Group

Mercury News, by Katie Lauer for the Bay Area News Group, May 28, 2023

MARTINEZ — Federal agents have started asking questions about the 24 tons of toxic, dusty residue that showered down on neighbors living near the Martinez Refining Company last Thanksgiving.

The Federal Bureau of Investigation and the Department of Justice started assisting the Environmental Protection Agency investigate the November 2022 incident this week, going door-to-door to survey residents about their experience, according to news reports and a news release from a community spokesperson.

For now, the tens of thousands of residents who found a fine, white substance blanketing their cars, porches and plants over the holiday continue to wait for answers about if – or to what extent – the community was poisoned more than six months ago.

Shortly after the incident, the company said on Facebook that the ashy grit was a “non-toxic”, “non-hazardous” and “naturally occurring” catalyst dust expelled from its 860-acre facility, which is located at 3485 Pacheco Blvd. on the city’s northern industrial corridor.

But within a few days, the Contra Costa County Health Department alerted residents that the dust — a byproduct of the gasoline, diesel and jet fuel refined at the facility — actually contained aluminum, barium, chromium and other hazardous metals. Those chemicals are linked to nausea, vomiting, respiratory issues, immune system dysfunction, cancer and even death.

County officials said that the company failed to immediately inform them of the chemical release, which is required by law.

Heidi Taylor, who moved to Martinez with her family in August, said her son and husband first noticed the spent catalyst the day after Thanksgiving, finding an antique dresser that was left outside covered with a chalky, white dust, according to the Los Angeles Times.

Initially thinking the substance was soot from wood burning, Taylor’s son wiped his hand across the top of the furniture, which sent dust into the air.

“That memory is just seared into my brain and it freaks me out,” Taylor told the Los Angeles Times, adding that she also ate homemade applesauce and peppermint tea from the family’s backyard trees and garden. “I understand that may sound a little crazy … but people don’t understand what it’s like to live in this constant fear and anxiety of not knowing what these toxic metals will do.”

The Martinez Refining Company, owned by PBF Energy, is aware of the federal inquiry, but declined to comment on details of the ongoing investigations, according to spokesperson Brandon Matson.

We are cooperating with all relevant agencies, including with respect to any ongoing investigations related to the incident,” Matson said in a statement. “We would, however, like to take this opportunity to once again apologize to the Martinez community for the spent catalyst release on November 24, 2022. We have thoroughly investigated the incident to identify appropriate corrective actions and we are committed to implementing them.”

Representatives from both the FBI in San Francisco and EPA Region 9 confirmed that the joint investigation is ongoing, but declined to comment further.

Soil samples collected the first week of May are expected to yield more specific results about the town’s contamination by early June, county health officials said.

Toxicologists with TRC, a Concord-based environmental consulting firm, are analyzing samples taken from 14 different sites neighboring the refinery — evaluating the extent of contamination 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 — reaching as far as Benicia and El Sobrante — were chosen based on a map of where the plume of particles likely landed, using models from the Bay Area Air Quality Management District, 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.

Meanwhile, the Contra Costa District Attorney’s office opened 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.

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.


Valero CAP Announcemnet
Click image to enlarge.

 

 

Save the date! Valero’s Community Advisory Panel invites Benicia residents to learn about air monitoring and incident response at Benicia Refinery

 

 


READ MORE:

And don’t forget to check out the amazing ISO Archives on BenIndy

FBI joins ‘toxic fallout’ investigation of Bay Area refinery

[Note from BenIndy contributor Nathalie Christian: Benicia residents should be aware that the plume that carried the toxic dust from the refinery in Martinez reached as far as Benicia, with toxicologists collecting samples from our own city to pursue their investigation. I nearly missed this news but for someone taking the time to send it to me (thanks!). This my my open invitation for you to send me tips and heads-ups on news impacting Benicia at benindy@beniciaindependent.com. It is essential our community stay informed, and I need your help. Remember to save the date of June 13 to attend Valero’s Benicia Refinery CAP’s community presentation on its incident response. The flyer for that event is at the end of this post.]

FBI investigating hazardous fallout from Bay Area refinery

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

LA Times, by Tony Briscoe, May 26, 2023

FBI agents and EPA Region 9 staff have been going door to door in the city of Martinez, asking residents for details about the release of metal-laden dust from the Martinez Refining Co. over the Thanksgiving holiday last year.

An FBI spokespeson confirmed Friday that the agents were canvassing residents as part of a joint investigation, but referred all other inquiries to the EPA.

“EPA is communicating with local, state, and federal agencies and does not comment on any ongoing investigations,” said Michael Brogan, a spokesperson for EPA Region 9.

Martinez Refining, located on an 880-acre industrial complex on the northern edge of the city, emitted as much as 24 tons of so-called spent catalyst, a mix of chemicals used to break down crude oil into finished petroleum products like gasoline, according to the local air district.

The fallout left cars, homes and at least one school blanketed in a white powdery substance. Tests determined that the residue contained metals such as aluminum, barium, chromium, nickel, vanadium and zinc.

Martinez Refining did not immediately inform county officials about the chemical release as required by law, according to Contra Costa County Health Services. The local air district and county officials learned after receiving complaints from residents.

The health department later advised community members not to eat foods grown in the soil if their homes were dusted by the spent catalyst.

The entry of federal investigators has stunned Martinez residents who are still awaiting the county-ordered soil testing and investigations by other local agencies.“We kind of expected quiet investigations in the background. But to have the FBI come out, that was never on our radar at all,” said one Martinez resident who spoke with federal investigators and asked to remain anonymous out of fear of retaliation.

The county health department has referred two violations to the Contra Costa County district attorney’s office — one for failure to notify the proper authorities of a hazardous material release and one for illicit discharges into the county stormwater system. Both referrals remain under review.


Valero CAP Announcemnet
Click image to enlarge.

 

 

Save the date! Valero’s Community Advisory Panel invites Benicia residents to learn about air monitoring and incident response at Benicia Refinery

 

 


READ MORE:

And don’t forget to check out the amazing ISO Archives on BenIndy

‘MOSIER’ Act demands derailment investigations and more

Repost from the Hood River News

‘MOSIER’ Act demands derailment investigations

July 19, 2016

DAMAGED Union Pacific oil train car is trucked away from town on June 8 during an anti-oil train rally at exit 69 in Mosier.
DAMAGED Union Pacific oil train car is trucked away from town on June 8 during an anti-oil train rally at exit 69 in Mosier. Photo by Kirby Neumann-Rea

Oregon Senators Jeff Merkley and Ron Wyden introduced a bill last Wednesday that would compel federal regulators to investigate every major oil train derailment.

The bill came in response to the June 3 fiery derailment in Mosier.

The Mandate Oil Spill Inspections and Emergency Rules (MOSIER) Act calls on the National Transportation Safety Board (NTSB) to clarify the Federal Rail Administration’s authority to place moratoriums on oil train traffic after major wrecks, and would require the Department of Transportation to reduce the amount of volatile gases in the crude oil those trains have been hauling.

“As Oregon has seen firsthand, these oil trains are rolling explosion hazards,” Merkley said in a statement. “That’s unacceptable. We need long-term solutions that will keep communities safe. Every accident needs to be fully and independently investigated.”

photo
U.S. Sen. Jeff Merkley

The NTSB declined to launch a formal investigation into the Mosier derailment because there were no injuries or fatalities, and they deemed the wreck didn’t bring to light any new significant safety issues.

In a July 15 letter, the board replied that the agency “decided not to launch on the Mosier derailment due to limited resources and the current investigative workload in the Office of Railroad, Pipeline and Hazardous Materials Investigations (RPH). This information indicated that the circumstances of this accident did not pose any new significant safety issues. The tank cars were breached in a manner similar to those that we have seen in other accident investigations. In addition, the derailment resulted in no injuries or fatalities.”

Merkley argued the Federal Rail Administration should have the power to enforce moratoriums until identified problems are fully resolved, and that the more volatile type of crude known as Bakken needs to be “stabilized before it rolls through our communities.”

“Oregonians deserve the strongest possible protections from oil train derailments,” Wyden said. “This bill ensures that federal authorities can stop trains after a major derailment until a thorough investigation has been completed, and that the NTSB has ample resources to closely examine the root causes of such a crash.”

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Sen. Ron Wyden | Photo by Kirby Neumann-Rea

The proposed Act would:

  • Require the NTSB to investigate every major oil train derailment and provide resources to hire additional investigators.
  • Clarify the Federal Rail Administration’s authority to put a moratorium on unit oil trains following an accident to allow for investigations to be completed and safety recommendations to be implemented.
  • Requires the Department of Transportation to establish and enforce a standard that reduces the amount of volatile gases in crude oil.

The MOSIER Act would supplement a 2015 rail safety bill, Hazardous Materials Rail Transportation Safety Improvement Act, which seeks to establish a fee on outdated tanker cars in order to get them off the tracks faster. Funds from the fee would pay for cleanup costs associated with railroad accidents, railroad staff cost, and training local first responders.

Merkley and Wyden were among 12 policymakers who signed that bill.