Air District will require Valero to expand fenceline monitoring program after “significant incidents” that polluted surrounded community, including a gasoil release in Dec. 2021
The Valero refinery, seen in this archival photo, has been idled but new fenceline monitors are slated to be installed in surrounding areas. (Adobe)
The settlement resolves 118 notices issued by the air pollution regulator for violations that occurred between 2019 and 2023, according to Kristine Roselius, a spokesperson for the Air District. In addition to the penalty, Valero will be required to expand its fenceline air quality monitoring program, and provide public access to and reporting of the monitoring data.
Reposted with permission, The Benicia Bridge Excellent reporting from Benicia’s newest award-winning journalism duo, Monica Vaughan and Laura López González. – Roger Straw Learn more and subscribe to the newsletter here.
The Phillips 66 refinery in Rodeo. Environmental groups say they’ve found anomalies in the refinery’s data reporting. Photo via Contra Costa County.
BENICIA – Local air monitoring groups are questioning emissions data at local Bay Area refineries and asking the Bay Area Air District to more strictly regulate refineries by revising their rules around how they track and report emissions.
The Benicia Community Air Monitoring Program and the Phillips 66 Fenceline Working Group, which monitors emissions around the Phillips 66 refinery in Rodeo, presented their arguments to the air district during a meeting Tuesday attended by several environmental nonprofits, scientists, and former U.S. Environmental Protection Agency officials.
“Having accurate air monitoring is really important to us,” Maureen Brennan, a member of the Phillips 66 Fenceline Working Group, said at the meeting. “There are risks living near a refinery. We’re living next to a very explosive and fire-driven industry, and we live with daily uncertainty. Is it a big leak today, or just a small, daily oozing of gases? We need to know.”
The groups brought up a number of concerns, including how the refineries are measuring the chemicals and how spikes in emissions are flagged. They noted that community members approached them because they said they don’t trust that the numbers that the refineries are reporting are always accurate.
In Benicia, there’s been good reason to question the accuracy of the refinery’s reporting. Valero was fined $82 million last year for not reporting two decades of excess emissions from their Benicia refinery to the air district.
Gov. Gavin Newsom vetoed a bill last year that would’ve strengthened monitoring at the state level. But the Bay Area air district is set to revisit their rules around this issue, and the environmental groups said they hope to have a seat at the table to draft stricter regulations.
Measuring toxic emissions at refinery fencelines
An air monitoring station set up by the Benicia Community Air Monitoring Program in 2022. Photo by Scott Morris.
The environmental groups argued that refineries should be required to improve fenceline monitoring and reporting. Fenceline monitoring is when oil companies measure the chemicals in the air around the boundary of refineries to see if gases are leaking out into nearby areas called “fenceline communities.”
Reporting requirements vary by districts, but the groups argue that this data should be publicly available as soon as it’s captured.
Companies like Chevron and Phillips have been operating refineries in California since the late 1800s, and fenceline communities — which often skew Black and Latino — have long complained about the smells and health effects of living around those sites.
Before fenceline monitoring, communities were often left in the dark about what they were breathing, as agencies didn’t look into leaks until after residents complained of odors or flaring, when most of the chemicals had already dissipated.
Community activism around this issue has spanned decades. In August 1994, gases leaked for 16 days from the Rodeo refinery. Nearby Crockett residents experienced sore throats, nausea, and headaches. No alert was sent out, and the leaking unit was only shut down when a nearby plant complained their workers were getting sick.
The incident caused an uproar, and led to Crockett and Rodeo residents demanding that the company’s land use permit not be renewed unless it installed an air monitoring system at the refinery’s border.
Despite years of community engagement, the EPA didn’t pass a federal rule for fenceline monitoring until 2015, and it only required oil companies to measure one chemical, benzene.
California strengthened these requirements in 2017 and required refineries to install more comprehensive monitoring systems by 2020. But regional air districts had to decide what chemicals to monitor, what thresholds to set, and if community notifications were needed.
In the Bay Area, talks to improve these systems happened earlier, due to a 2012 fire at the Chevron refinery in Richmond, which resulted in a five-hour shelter-in-place order and thousands of residents seeking medical treatment.
A fire at the Chevron refinery in Richmond in 2012. Photo via U.S. Chemical Safety and Hazard Investigation Board.
That led to the air district passing Rule 12-15 in 2016, which required the five refineries in the area to monitor for five hazardous chemicals — benzene, toluene, ethyl benzene, xylenes, and hydrogen sulfide — at the fenceline.
Eric Stevenson, an advisor for the Benicia Community Air Monitoring Program and the former director of meteorology and measurement at the Bay Area air district, helped write Rule 12-15.
He said they wanted to institute the rule because air monitoring sites used to be stationed far away from refineries in order to track the overall air quality. But that meant that it wasn’t always obvious how bad the air quality was within the fenceline communities.
“The intent of Rule 12-15, specifically to fenceline monitoring, was to give the community an idea of what was crossing the refineries’ fence line and to hopefully have the refineries mitigate those emissions quickly and effectively,” Stevenson said. “The reason that that matters is that the residents living near these refineries were deeply concerned about their health impacts, and they wanted transparency.”
Limitations of fenceline monitoring technology
Stevenson explained that Rule 12-15 requires that refineries use open-path technology for monitoring. These systems work by shooting a long, straight beam of light along each side of the perimeter. If a gas crosses that lightpath, the refinery can determine what the chemical is and how much of it crosses the fenceline.
He added that different systems measure different chemicals, so it’s important for the fencelines to have a variety of them installed. “It’s all based on the type of light that’s emitted,” Stevenson said. Ultraviolet light detects chemicals like benzene and toluene, while infrared light looks at chemical families called alkanes, which includes gases like propane and hexane.
If these systems are well-maintained, Stevenson said they work well to detect chemicals. “But if you don’t operate the systems well, and if you don’t take the appropriate actions to ensure that the data is of high quality, then the value of those systems is degraded,” said Stevenson.
The air monitoring groups said during Tuesday’s meeting that they’re concerned this is the case at several of the refineries.
They highlighted an issue with ozone detection at the Phillips 66 Rodeo refinery.
“Ozone is always present in the air, and it increases in the afternoon because it reacts to sunlight,” said Kathy Kerridge of the Benicia Community Air Monitoring Program.
Kerridge told the Vallejo Sun that the Benicia group moved one of their own air monitors into the backyard of someone who lived near the refinery in order to test for the chemical.
“Ours and the air district’s always showed the increase in ozone in the afternoon, and Phillips 66’s just shows it’s not being detected,” Kerridge said.
Jochen Stutz, a professor at UCLA’s Department of Atmospheric and Oceanic Sciences, works with the South Coast Air Quality Management District in Southern California on their own fenceline monitoring programs. He noted that a refinery in LA is also using UV light to measure ozone, but unlike the Bay Area, their data is consistent with the air district’s.
“This is part of the reason why the residents are very concerned about these systems,” Stutz said. “You should be able to measure ozone with these things, and if you can’t, then can you measure anything else?”
Stevenson also talked about an issue with data collection. The groups noticed that some of the refineries weren’t showing as many alkanes as they expected. So they brought the raw data to an outside expert, and found what’s called “background creep.” The alkanes are measured by comparing results to a “clean air” file, which isn’t supposed to have any traces of those gases in it. But they found the clean air files did have the gases, which threw off the results.
“If you’re saying that background doesn’t have any compound in it, and it actually does, when you take the next measurement and you compare it to that background, you’re not subtracting the actual pollution measurement from a zero,” Stevenson said.
As a result, Stevenson said, the system can begin to “forget” what clean air really is and report no pollution, even when the gases are still present.
Mike Davis, a former EPA regional laboratory director, brought up other concerns about Rule 12-15’s flagging rules. He noted that under the current rules, any reading that fluctuates over a certain amount — like a sudden, catastrophic leak — is held for review until the refinery verifies it.
“When these filters are applied to this real world event, most of the data would not be released to the public in real time,” Davis said.
Ultimately, Kerridge said they’d like the district to require refineries to be more accountable to the community. They asked for more access to raw data, for the refineries to monitor for more pollutants, and that the district set limits for how much pollution is allowed before the community is notified of an exceedance.
Kerridge noted that all these provisions would have been required under state law if Newsom hadn’t vetoed SB 674.
The environmental groups said they also want the air district to more thoroughly vet the monitoring data from the refineries for accuracy, and continue to hold forums with the community to discuss fenceline data.
Joseph Lapka, the principal air quality specialist at the Bay Area Air District, said at Tuesday’s meeting that the air district is in the process of creating a survey to get community feedback on what matters the most to people when it comes to fenceline monitoring.
“I think that the fact that a facility can do these sort of things within the bounds of Rule 12-15 speaks not only to the current limitations of the rule, but also to the types of technical details and the level of detail that we need to think about when writing the new rule requirements,” he said.
The air district will be discussing fenceline monitoring and revising Rule 12-15 at a technical working group meeting on Oct. 29. The public is invited to attend. [>> NOTE: The Air District’s recording and materials from the meeting are available in the link above at the bottom of the webpage.]
[BenIndy editor: Residents of Benicia have for years expressed serious concern about the lack of adequate air monitoring in our “refinery town.” For an excellent background on the lead-up to this important meeting, see Marilyn Bardet’s “Letter to BAAQMD: Must Enforce Refinery Air Monitor Requirements”. Mark your calendar & plan to attend on June 30. – R.S.]
Virtual Meeting on Benicia Community Air Monitoring Site Selection
Invitation to public, sent via email on May 27, 2021
Dear Benicia Community and Stakeholders,
You are invited to attend a virtual community meeting to learn about air quality monitoring and help shape the future of community air monitoring in the Benicia area.
In a joint effort with the City of Benicia, the Air District identified candidate locations in Benicia for a new community air monitoring station. At this meeting, Air District staff will share the sites under consideration and information about how the sites were selected. Community members and stakeholders will have the opportunity to inform final site selection.
When:
The workshop will be held using Zoom and will take place on Wednesday, June 30, 2021, from 6:00 PM to 8:00 PM.
Login information to follow in a subsequent notice.
Why:
The Air District monitors air quality as part of ongoing efforts to inform and protect public health. One of the ways the Air District does this is by collecting fees to install, operate, and maintain air monitoring stations in communities near refineries. These air monitoring stations will provide additional information about the levels of pollution experienced by these communities.
The Air District invites you to participate in this community meeting to discuss and review the site selection process and provide feedback on a community air monitoring station within the Benicia community.
Air District staff want to ensure a fair and equitable virtual workshop experience and provide opportunities for all interested parties to participate. Workshop materials will be available on the Air District’s Special Air Monitoring Projects web page beginning June 7, 2021.
Simultaneous language interpretation can be provided upon request at least 72 hours before the event. Contact Brian Butler at bbutler@baaqmd.gov or 415-603-7721 to request interpretation.
Questions may be sent by e-mail to iperkins@baaqmd.gov.
Para información en español, llame al 415-749-4609
中文聯絡電話 415-749-4609
Nói Tiếng Việt xin gọi 415-749-4609
Working to protect public health, air quality, and the global climate,
Your Air District
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.
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