Category Archives: Industrial Safety Ordinance (ISO)

Benicia and Beyond: It Takes a Penguin

MY PENGUIN FRIEND | Official Trailer – YouTube

It takes a Penguin – Sometimes the silliest things inspire the strongest sentiments….

By Stephen Golub, Benicia resident and author, “Benicia and Beyond” column in the Benicia Herald, Mar 2, 2025

 Stephen Golub, A Promised Land – America as a Developing Country

Perhaps like some of you, I’ve been despairing lately about what America’s current course means for the country and the world. That course includes the Trump Administration: siding with Russia regarding its mass-murdering war on Ukraine; backing a German Neo-Nazi party; letting the world’s richest man gut foreign aid, thus facilitating thousands of poor people’s deaths; and otherwise preaching and practicing cruelty as policy. Combined with other Far Right transgressions in other nations, it’s left me eager for something to recharge my faith in humanity.

And then I saw the penguin, or more specifically a penguin nicknamed Dindim, or even more specifically the movie “My Penguin Friend.” The dramatization is based on the true story of a small penguin that got separated from its colony and soaked by an oil spill during the colony’s annual 5,000-mile migration from southern Argentina to near Rio de Janeiro in Brazil, only to be rescued on the verge of death by an elderly villager. The Brazilian, Joao Pereira de Souza, nursed the bird back to health, whereupon it stayed with him and his wife for months before undertaking the return trip south.

The element that converts a heartwarming tale into incredible inspiration, though, is the fact that Dindim returned annually to Joao’s seaside home for eight years, each time spending months in his fishing village before returning to Argentina. When a fellow villager refers to the bird as a pet, Joao says no, he’s his friend.

If you see the film, you see why. Years before Dindim’s arrival, a tragic death led to Joao living a life of grief. The penguin’s friendship filled a void, restoring Joao’s love for  life and community.

Which brings me back to America. I’m not hopeless by any means; I see sparks of pro-democracy resilience and resurgence. But when I also see so many developments here and abroad driven by lies, hate and retribution, I have flickers of doubt about not just where we are as a country, but where humanity is as a species.

In its small but heartwarming way,  “My Penguin Friend” counters all that. It portrays admirable qualities that we humans are capable  of, not least love for a stranded animal, considerable kindness and remarkable resilience. It testifies to the many wonderful, amazing things we don’t fully understand, including how a little creature decided each year to separate himself from the security of his colony’s migration to visit his friend.

The saga of Joao and Dindim reminds us that the best of humanity and the world is beautiful and that we can find that beauty in the unlikeliest of circumstances.

That being said, to call this film corny and sappy and a tearjerker would be a major understatement. It also takes some considerable (and unnecessary)  liberties in telling the tale of the penguin and his human friend. But the movie remains true to its remarkable core story.

As someone who could use tears of joy rather than tears of sorrow these days, I heartily recommend it. So many sayings highlight how overcoming tough times hinges on hope, heart, determination or a village. I’ll add one more variation: It takes a penguin.

I believe that “My Penguin Friend” is available via Apple TV, Amazon, YouTube TV and perhaps other streaming services, but since I saw it on a plane and am out of the country right now, I can’t vouch for that for sure. Regardless, it’s worth searching or waiting for. (Being out of the country, I regrettably won’t be preparing a column for the next two weeks.)

Another thing well worth doing is attending or zooming into the Tuesday, March 4 City Council meeting, starting at 6 pm, at which it will take the crucial vote that will help prevent toxic pollution (including the kind of oil spills that nearly killed Dindim), explosions and fires at the Valero refinery and other hazardous facilities in Benicia. If the Council passes the proposed Industrial Safety Ordinance, which Council Members Kari Birdseye and Terry Scott as well as Fire Chief Josh Chadwick and Management Analyst Della Ohm have labored over for well over a year, we’ll join all the other Bay Area refinery-hosting communities that already have such ordinances.


Benicia resident and author Stephen Golub, A Promised Land

 

 

Benicia officials embrace refinery regulations despite possible Valero lawsuit

The council supported passing an industrial safety ordinance, despite concerns about legal challenges from Valero.

The Valero Benicia refinery. Photo by Scott Morris.

By Natalie Hanson, The Vallejo Sun, Feb 06, 2025

BENICIA – Benicia officials expressed support for an ordinance that would regulate businesses like the Valero Refinery at a meeting Tuesday, despite concerns about possible legal challenges from Valero.

The latest draft of a proposed Industrial Health and Safety Ordinance that would monitor and audit “high hazard facilities” like the refinery was presented to Benicia City Council on Tuesday night.

Numerous public commenters expressed strong support for the ordinance, which the council expects to take up for a vote in a few weeks. The council made a few last tweaks to the ordinance that has been developed over more than a year.

Councilmember Kari Birdseye suggested that city staff make two revisions: to mention all agencies by name that the ordinance might affect, and add language requiring transparency of how much the city has paid using collected fines from all relevant businesses. Staff will bring the ordinance back at a future meeting.

While Valero was the major concern, the ordinance would apply to at least 12 facilities in the city, such as Interstate Batteries at 535 Getty Court and the Benicia Water Treatment Plant at 100 Water Way.

Public interest in better regulating Valero was particularly pronounced on the heels of an incident Saturday at the Martinez refinery in Contra Costa County, which is about 7 miles from Benicia. A hydrocarbon material leak at the Martinez Refining Company caused a fire that injured six people and triggered a health advisory.

Valero has had its own recent controversies as well. The company didn’t meet Bay Area Air Quality Management District requirements to monitor and report fugitive gasses from their operating equipment. Its refinery has been the site of several air pollution incidents, such as a 15-year leak of 2.7 tons of airborne toxins, for which the refinery paid a record $82 million to the air district last year.

However, Mayor Steve Young said he doesn’t consider Valero worse than other large oil refineries in the Bay Area.

“There are worse operators than Valero, as we just saw across the river,” Young said, referring to the Martinez Refining Company. “They are not the enemy, and they are not bad operators, but they obviously have some safety issues that we are trying to address.”

Benicia fire Chief Josh Chadwick said in a report to the council Tuesday that Benicia, as the only Bay Area city without an industrial safety ordinance, needs a program to better audit businesses producing potential health risks to nearby communities.

Chadwick said that recent incidents at “high-hazard facilities” showed the need for additional oversight. “Especially given what happened over the last weekend, it’s really essential for the public to understand that no regulation is going to completely eliminate the risk of industrial incidents,” Chadwick said.

The ordinance’s third draft specifically requires that, following an incident at one of these facilities, the city may audit and inspect the site, and the company must issue an Incident Notification Report within 72 hours. The city would then be able to publish the final investigation report on its website, with the ability to issue consequences such as fines or other penalties if a business refuses to comply.

But enacting the ordinance may jeopardize a revenue source for the cash-strapped city. Under a voluntary cooperation agreement, Valero currently pays $331,320 annually to the city. Under the new ordinance, that agreement would be moot, requiring an independent consultant to help the city create a new fee schedule. And Valero will likely sue over the ordinance if passed, Young said, which is why he’s concerned about passing it without an agreement in hand.

Councilmember Lionel Largaespada said he believes the city is entitled to strong regulations over industries working within its limits, but he advocated for tightening its language to be very specific about businesses and fees collected from them.

“Wherever we can be crystal clear about something, I think it only makes this ordinance better,” he said.

Councilmember Terry Scott disagreed, saying the city has spent more than a year on the ordinance draft and Valero has already responded to it in “a fairly threatening manner.”

“Local control matters. Many times we’ve asked them, ‘Come to the table,’” Scott said. “I think we can give them the opportunity in the next several weeks to send us another letter. Why do we have to go to them and establish another session to review the document with them?”

Birdseye also disagreed over whether to allow Valero to sit in on the independent auditing authority as a business owner given the potential conflict of interest. She opposed allowing Valero to have any influence, saying, “It is the fox in the henhouse.”

Benicia officials have already heard lots of feedback from the public about the matter, including from 178 people who responded to surveys between March 25 and May 19. Many people turned out Tuesday night, speaking for more than an hour, with most pleading with the city to pass the new version of the ordinance.

Some mentioned the potential for cancer and other health impacts which could result from toxic gas releases, while others pointed out how much stronger a safety ordinance can make local authorities seeking to protect and notify people as quickly as possible.

“This has been an issue that’s so important to Benicia,” resident Kathy Bennett said.

She added that the Martinez incident Saturday reflected the importance of having a safety ordinance in place.

“Because of there being an ISO in place in Contra Costa County, it did improve prevention and protection and responses, notifications and advisories to the community,” Bennett said. “And as we’ve also seen in the recent Los Angeles fires, an entire community can be destroyed in a single horrific event.”

“The big elephant in the room is Valero,” resident Diana Smith said. “But it’s been brought up that you have at least 12 facilities here that need that oversight. And Valero likes to come along and threaten us. How many millions of dollars would it take … to clean up that refinery?”

It is not yet clear when staff will bring the revised ordinance back to the council for a vote.

Editor’s note: This story has been updated to clarify that no vote was scheduled for Tuesday’s meeting, which was for informational purposes and to correct Diana Smith’s name. ​​

Proud to Be a Benician: Our Community Comes Together, Birdseye Hits a Bullseye, and Great Scott!

By Stephen Golub, Benicia resident and author, “Benicia and Beyond” column in the Benicia Herald, Feb 9, 2025

 Stephen Golub, A Promised Land – America as a Developing Country

This past Tuesday’s City Council meeting considered for the first time a nearly final draft of an industrial safety ordinance (ISO) that will help protect our city against toxic emissions, fires and explosions from hazardous facilities here, particularly but not only the Valero refinery.

I’ve never been so proud to be a Benician. I’d guess 80-90 people packed the Council Chambers at City Hall, with about 29 others Zooming in. The large majority comprised folks whom I’d never seen or heard speak up on this issue. The entire crowd seemed to support the unanimous pro-ISO consensus among the 30-plus speakers who ranged from expert engineers to laypersons with kids to protect.

One such engineer, a Valero retiree, didn’t doubt refinery employees’ personal commitments to safety, but pointed out that refinery management is under extraordinary pressure to reduce costs. He emphasized that the ISO could actually help the current refinery engineers maintain safety. (I’ll again state my respect and affection for our Valero-employed friends and neighbors in Benicia, and distinguish them from the huge Texas-based corporation that owns the refinery and calls the shots.)

A parent who attended the meeting with his (I assume) wife and toddler, chimed in to favor the ordinance. Several persons prefaced their remarks by saying “I didn’t intend to speak,” then went on to describe their concerns and support. At least  one speaker pointed out that if Valero had an accident like last weekend’s huge Martinez fire and if the wind were blowing the wrong way, our entire town could have been endangered.

All in all, our community came together in numbers and passion spread across a spectrum of perspectives, but united in an unprecedented way in support for the ISO.

Valero representatives did not attend the meeting.

The big news emerging from the meeting is that Mayor Steve Young declared his backing for the ISO for the first time. Vice Mayor Trevor Macenski and Council Member Lionel Largaespada hinted at similar support; Largaespada, whose election campaigns Valero had indirectly backed through political action committees in the past, voiced a belief in strong industrial regulation and oversight.

Kudos to Young for his endorsement of the measure; this would seem to  ensure a Council majority for passage, though not counting our chickens before they hatch comes to mind. Let’s hope Macenski and Largaespada join him.

Speaking of kudos: pro-ISO Council Members Kari Birdseye and Terry Scott, who along with Fire Chief Josh Chadwick and other City staff had worked tirelessly to on the ISO for over a year, played particularly powerful roles in the Council meeting’s deliberations.

Birdseye hit the bullseye in a number of illuminating exchanges with fellow Council members. For instance, when Largaespada suggested instructing City staff to review certain administrative and other details (which could in effect delay a final vote on the ISO indefinitely), she pointed out that tremendous work had already gone into thrashing out details in the document and that it was time to move ahead. (As a former New York City government management analyst and international development policy analyst, I couldn’t agree more; you can work forever on tweaking a document and never reach closure.)

Birdseye similarly pushed back successfully and forcefully when it was suggested that the Council approve formal ex officio (non-voting) membership on the ISO’s citizen Oversight Commission for Valero or other regulated businesses. As she asserted, we don’t want “the fox in the henhouse.”

Scott had his own “Great Scott!” moments. Young suggested that Valero be consulted yet again to ascertain whether the ISO could be altered to address its concerns. In response, Scott pointed out the many, many times that the City had sought constructive Valero input over the course of over a year of ISO preparation, only to be met repeatedly by dozens of pages of legalistic criticism and unhelpful feedback. He also noted that Valero had not even attended Tuesday’s Council meeting.

There are miles to ago and at least two additional Council meetings to hold before it  finally votes on the ISO – which, it should be noted, is the kind of ordinance every other Bay Area refinery community has. Lots could go wrong, but so much could go right. I’ll save that for another day.

For today, I’ll just say that if Texas-based Valero seeks to block the ISO, it will be taking on not just a city but a very motivated community. Last Tuesday’s Council meeting proved that.


Benicia resident and author Stephen Golub, A Promised Land

 

 

Air District and CARB fine Valero Refining Co. $82 million for Benicia air quality violations

Smoke from the Valero Benicia refinery during a 2017 incident. | Bay Area Air Quality Management District.

Bay Area Air Quality Management District, October 31, 2024
(Emph. added by BenIndy)

SAN FRANCISCO – The Bay Area Air Quality Management District and California Air Resources Board are announcing today a nearly $82 million penalty in a joint case to address significant air pollution violations by Valero Refining Co. at its Benicia refinery. This penalty is the largest ever assessed in the Air District’s history.

Over $64 million of these funds will be returned to the local community to finance projects aimed at reducing air pollution exposure, mitigating air pollution impacts and improving public health in areas surrounding the refinery. These projects will be selected through a public process with input from residents, community organizations, elected officials and advocates representing the impacted area. The remainder of the penalty will be used to fund beneficial clean air projects in overburdened communities throughout the Bay Area, as well as to offset the costs of investigating and prosecuting the case. In total, nearly $80 million of this historic penalty will be returned to Bay Area communities.

“Today’s historic penalty against Valero Refining Co. for its egregious emissions violations underscores the Air District’s unwavering commitment to holding polluters accountable and safeguarding the health of those living in refinery communities,” said Dr. Philip Fine, executive officer of the Air District. “Investing these funds back into the community will empower local residents to drive air quality projects that benefit the surrounding neighborhoods, advancing our mission of cleaner air for all.”

“CARB is pleased to have supported the Air District in investigating and settling this important case that helps remediate the harms Valero’s operations caused to surrounding communities,” said CARB Executive Officer Dr. Steven Cliff. “The Air District’s new community fund provides critical funding for projects that improve air quality and public health for impacted local communities. CARB is proud to direct the majority of its share of the penalties from this settlement to the community fund to expand the reach of its projects.”

“This penalty sends a strong message; adherence to air quality standards is both necessary and expected, and failure to do so can lead to significant fines,” said Steve Young, Benicia Mayor and a member of the Air District Board of Directors. “Benicia residents need to know that air quality violations are taken seriously. The use of these funds will help us address local air quality issues going forward. I am grateful for the work of the Air District, CARB and the California Department of Justice in helping bring this long-standing issue to conclusion.”

The penalty stems from a 2019 inspection that found unreported emissions from the facility’s hydrogen system containing harmful organic compounds in violation of Air District regulations. These organic compounds contributed to the Bay Area’s regional smog and particulate pollution problems, and they contained benzene, toluene, ethylbenzene and xylene, or BTEX, compounds, which cause cancer, reproductive harm and other toxic health effects. Air District inspectors discovered that refinery management had known since at least 2003 that emissions from the hydrogen system contained these harmful and toxic air contaminants but did not report them or take any steps to prevent them. The refinery emitted an estimated 8,400 tons of these organic compounds in total over this period in violation of Air District regulations – an average of more than 2.7 tons for each day on which a violation occurred, over 360 times the legal limit.

Subsequent investigations uncovered a host of other problems involving the hydrogen system, including emissions in violation of applicable limits, failure to install required emissions abatement equipment, failure to inspect equipment for leaks and failure to report required information, among other violations.

The Air District sought abatement orders from its independent Hearing Board to require Valero to abate ongoing violations. In conjunction with CARB, the Air District has now assessed this monetary penalty to resolve all the violations. In addition to the penalty, Valero will be required to undertake several measures to prevent future violations. Valero will be required to reconfigure the facility’s main hydrogen vent and vents in its hydrogen production plants to prevent emissions from being released directly into the atmosphere. Valero will also be required to implement a training program to ensure that its staff are fully aware of all relevant Air District regulations.

In May 2024, the Bay Area Air Quality Management District Board of Directors adopted a groundbreaking policy that directs a significant portion of penalty funds to the communities most impacted by air quality violations. Under this policy, most of these penalty funds will be reinvested in local projects specifically designed to reduce pollution and enhance public health. To help improve regional air quality and advance the Air District’s environmental justice and equity goals, penalty funds will be allocated in accordance with this new policy. The policy will ensure that significant amounts of large penalties benefit the community where the violation occurred while also setting aside funds to address the needs of communities overburdened with air pollution that may not have industrial sources that could be subject to large penalties.

This penalty is the third major fine the Air District has assessed against Bay Area refineries this year. In February, the Air District announced a $20 million penalty against the Chevron refinery in Richmond, and earlier this month the Air District announced a $5 million penalty against the Marathon refinery in Martinez. “These significant penalties should put the refineries and other industrial operations on notice,” said Alexander Crockett, the Air District’s general counsel. “If you violate our regulations and pollute our air, we will hold you accountable to the maximum extent provided for by law.”

The joint prosecution with CARB is also indicative of a new level of cooperation among enforcement agencies for air quality violations. The Air District will look to partner with other agencies where appropriate to ensure that maximum enforcement resources are brought to bear for significant violations.

CARB is charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change. From requirements for clean cars and fuels to adopting innovative solutions to reduce greenhouse gas emissions, California has pioneered a range of effective approaches that have set the standard for effective air and climate programs for the nation, and the world.

The Bay Area Air Quality Management District is the regional agency responsible for protecting air quality in the nine-county Bay Area. Connect with the Air District via X/Twitter, Facebook, Instagram and YouTube.