Category Archives: Industrial Safety Ordinance (ISO)

For Our Kids, Our Older Adults and All of Us: A Benicia Industrial Safety and Health Ordinance

Smoke from the Valero Benicia refinery during a 2017 incident. | Bay Area Air Quality Management District.
Benicia resident and author Stephen Golub

By Stephen Golub, first published in the Benicia Herald on November 10, 2023

At 4 a.m. on June 21, 2019, a series of massive fires and explosions at a Philadelphia refinery sent both large amounts of toxic chemicals and huge chunks of debris into the air. One 19-ton fragment landed across the Schuylkill River, 2,000 feet away.

The cause of all this? According to the  U.S. Chemical Safety and Hazard Investigation Board, a corroded ruptured pipe. Apparently, it had been poorly maintained.

The Philadelphia debacle is but one of many refinery and similar disasters that have occurred across the country in recent years. Many of us recall the Chevron fire in Richmond, just over a decade ago.

And just this week, a chemical plant explosion in east Texas triggered large fires, a shelter-in-place order for a five-mile radius around the facility and, even after that order was lifted, official caution “that residents should still avoid spending unnecessary time outdoors, and young children or people with respiratory illnesses and other health issues should stay inside.”

Against this backdrop, and in view of ongoing toxic pollution hazards presented by the presence of Texas-based Valero’s Benicia refinery, a proposal by Vice Mayor Terry Scott and City Council Member Kari Birdseye comes as a breath of fresh air. In a June 10 letter published in the Benicia Herald and through other outlets, the two describe reasons for Benicia adopting a new law that would make our wonderful city safer and healthier for our kids, our older adults and all of us.

Among other things, the ordinance would improve the monitoring of the refinery’s operations and the flow of information from Valero when documented or apparent emissions and violations occur. In these and other regards, it would improve on the rather toothless Memorandum of Understanding (MOU) that the City currently has with the giant Texas corporation. It would similarly improve on the MOU’s associated community advisory  panel that rarely meets publicly, that most of us have never heard of and, most importantly, that Valero substantially controls.

Now, does Valero’s track record indicate that Benicia needs a strong ordinance rather than the weak MOU?

Consider what a top official of the Bay Area Air Quality Management District (BAAQMD) said about the fact that for well over a decade the refinery released into Benicia’s air 138 tons of toxic contaminants hundreds of times the legal limits without informing BAAQMD, the City or any of us – something we only learned of last year:

 “We have a situation here where you’ve got a facility who’s [sic] taking samples of emissions from this vent to control and verify refinery processes. They’re doing that from 2003 onwards. And they knew or should have known that those emissions should have been reported. It’s that simple…”

Or consider these realities:

Despite the Memorandum of Understanding, we did not learn of other serious, longstanding Valero violations, which triggered a federal Environmental Protection Agency investigation, until the EPA announced major fines earlier this year.

Despite the MOU, Valero has committed hundreds of other violations over the past several years.

Despite the MOU, Valero did not report or adequately address the 2022 event in which approximately 200 Benicia households were impacted by an oily, airborne residue that fell onto yards, children’s play equipment, solar panels and other neighborhood facilities.

Despite the MOU, earlier this month air monitoring devices in the vicinity of the refinery detected the presence of the dangerous neurotoxin hydrogen sulfide (H2S) in the air, quite possibly emanating from the facility, even as Benicians reported smelling something like rotten eggs – the odor of H2S – in several parts of town.

In addition, let’s be realistic about where the ultimate responsibility for the Benicia refinery’s safety, health and other decisions rests: at the company’s Texas headquarters. Its track record compares unfavorably even with other petrochemical corporations, as indicated by a leading Texas environmental activist’s assessment and a lawsuit filed against the corporation by the Texas Attorney General (normally an ally of the oil industry) over a Valero Texas refinery’s continuing “poor operational, maintenance and design practices.” That same refinery’s 2017 fire poured nearly a million pounds of potentially dangerous pollutants into the air, “including carbon monoxide, sulfur dioxide, particulate matter and volatile organic compounds,” according to Valero’s own estimates.

Finally, consider the fact that the Valero facility is the only refinery in the North Bay that is not governed by an industrial safety ordinance (ISO).

None of this is to criticize the hard work and efforts of our fine Fire Department, which does its best to monitor actual and potential Valero hazards under the MOU, despite financial and technical constraints. As always, we should all appreciate its service. But we need more than that.

Also, I’m sure we value the jobs, economic impact and other benefits that the company brings to the area, as well as the wonderful current and former Valero employees who are our friends and neighbors. But if Valero itself wants to be a good neighbor, it needs to cooperate with the City as we move on from the MOU, which expires in 2025. In fact, one great feature of the Scott-Birdseye proposal is that it aims for a cooperative, consultative process.

So what’s next? As per the proposal, at its December 19 meeting the Council will vote on whether to instruct city government staff to examine what the next steps are, including a possible ordinance.

To be clear: This will not be a vote on an ordinance itself; it merely authorizes careful examination of options, in cooperation with Valero, the broader business community and of course all of us.

To read the Scott-Birdseye letter or show support for this initiative, please go to https://www.bisho.org/. You could also weigh in by emailing the Council members with your thoughts. You can access their emails by going to this page at the City website.

In addition, you could attend the December 19 Council meeting, whether in person or via Zoom. The link for the latter will be shared by the City Manager (whom you also should feel free to contact about this) down the line.

This process is well worth getting involved with. The safety, health and lives we save could be our own.


There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.

Moving Forward to Improve Benicia’s Industrial Safety and Health – An Open Letter to Benicia

Valero’s Benicia Refinery.  | Pat Toth-Smith.

On Sept 5, Benicia’s City Council unanimously initiated the first step of a process to assess the need to graduate the current Memo of Understanding (MOU) with Valero Benicia Refinery to an ordinance.

This step, which asks staff review the MOU, underscores the importance of transition from an MOU to an ordinance that would provide additional local oversight to help ensure appropriate measures are in place to protect the health and safety of our community.

Timing of the request corresponds with early planning for the sunset of the current Valero MOU set to terminate in June 2025.

Vice Mayor Terry Scott and Council Member Kari Birdseye, the two councilmembers who introduced the issue, clearly believe the primary responsibility of our City Council and City Government is to safeguard the health, safety and well-being of our residents, businesses, and visitors.

It is also Council’s responsibility to ensure that industries, which operate within our jurisdiction, employ the best available technology to detect emissions and discharges and best practices. Community notifications of emergencies or failures to meet state and federal regulations are a priority as well.

This responsibility extends beyond traditional roles like policing, firefighting, safe water, and wastewater treatment. It encompasses ensuring the quality of the air we breathe.

The two-step request posed the question: Does the City of Benicia possess the most efficient and effective tools to regulate, monitor, and enforce air and toxic safety standards that impact our community? This includes real-time emission measurement, performance monitoring, transparency, air quality management and stronger communications.

Our defined ask in the two-step process is for staff to analyze current MOU’s performance metrics and evaluate whether additional regulation is needed. Additionally, we request that an analysis of key learnings of our current working communications, monitoring and cooperation agreement with Valero be included in this process.

It is our belief that the time has come to explore the best practices to manage air quality and emissions, amplify transparency and real-time communication, establish cutting-edge monitoring measures, prioritize public health, encourage environmental stewardship, cultivate community trust, and elevate measurement and trust standards.

Simply put, we can only manage what we monitor. We must adequately monitor our air quality near the refinery and throughout our community.

We look forward to working with city staff, community groups, businesses, and concerned citizens to create a model of local air and health regulations that better protects Benicia.

In Service,

Vice Mayor Scott and City Council Member Birdseye


There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.

Do you support a safe and healthy Benicia? Sign up to learn more!

Valero’s Benicia Refinery.  | Pat Toth-Smith.

From Benicia’s ISHO Working Group
September 2023:

This is your invitation to fight for the safety and health of all Benicians. Sign up to learn more about adopting an Industrial Safety and Health Ordinance (ISHO) here in Benicia by filling out the form here: https://forms.gle/GAScUE4WtfrSwDSS8.

Did you know that from at least 2003 through 2022 Valero emitted cancer-causing benzene and other toxic gasses into Benicia’s air, typically hundreds of times higher than levels permitted by the Bay Area Air Quality Management District, without informing the City or its citizens? This is just one of many documented, serious offenses and violations Valero has committed – including additional extensive, ongoing, decade-long violations we learned of just this month!

Did you know that the Valero facility is the only refinery in the Bay Area that is not governed by an industrial safety ordinance (ISO), a law that can protect a community’s health and safety?

Do you think we’ve waited long enough for Benicia to adopt an Industrial Safety & Health Ordinance (ISHO)?

A group of Benicians is working on these issues and is proposing legislation to strengthen local laws regarding health and safety. This group, the ISHO Working Group, supports the adoption of an ISHO by the City of Benicia with the aim of significantly improving health, safety, public notification, prevention of and response to future incidents.

On Tuesday, September 5,  Benicia City Council unanimously approved of the “first step” in the process to consider adopting an ISHO.  This first step essentially sets the matter on the agenda, and it is anticipated that the “second step” will occur sometime in December 2023, when staff recommends the next steps to be taken for adopting a future ordinance.

This is the second time we have had a second step for an Industrial Safety Ordinance, but Benicia City Council voted against it with a 3-2 vote in 2018.

Let’s not let that happen again!

If you watched the City Council meeting last Tuesday, you saw ISHO opponents already lobbying against the adoption of an ISHO.  We anticipate that it will require a very strong effort on the part of the ISHO Working Group to get this over the finish line and we will need your support to get it done.

If you would like to learn more about the issues and our efforts to adopt an ISHO, just click the following link and fill out the form: https://forms.gle/GAScUE4WtfrSwDSS8. After that, you will receive regular notices and information about the program and how you can help.

Please share this invitation and link with friends and post it on social media, and please keep up the good work in recruiting more supporters.  It will soon be time for us to speak truth to power and we need all of the support we can get!

Together, we can make a real difference for the safety and health of all Benicians.

Valero’s Benicia Refinery Now Target of Several Probes Into Pollution Releases

Repost from KQED The California Report

By Ted Goldberg, Mar 26, 2019
A plume containing petroleum coke dusts wafts from a smokestack at Valero’s Benicia oil refinery on March 23. (Sasha Khokha/KQED)

State workplace regulators, the region’s local air quality district and Solano County health officials are trying to find out why a problem at Valero’s Benicia refinery suddenly worsened over the weekend, leading to a release of petroleum coke dust that prompted fire officials to urge those with respiratory problems to stay indoors.

The incident led to a partial shutdown at the facility and represents the worst malfunction at the plant since a power outage caused a major pollution incident in 2017.

The releases of elevated levels of particulate matter led several residents to complain of breathing problems and prompted Benicia’s mayor to call on Valero to pay the city back for its work dealing with the emergency. The partial refinery shutdown is also expected to lead to a spike in higher gasoline prices throughout the state.

Mayor Elizabeth Patterson said she’s gotten a flood of phone calls and emails from residents wanting to know why it took so long for Valero to suspend refinery operations.

“There’s a lack of understanding about how coke particulates could be continuously emitted throughout a couple of weeks,” Patterson said. “There’s not a lot of information that’s readily available to the public.”

California’s Division of Occupational Safety and Health began a probe into Valero on Monday, the day after the company began the gradual shutdown of a significant portion of the refinery, according to agency spokesman Frank Polizzi.

Cal/OSHA becomes the latest government agency to look into the breakdown of a key piece of equipment inside the refinery that went down two weeks ago. The Bay Area Air Quality Management District and Solano County officials have launched probes as well.

Refinery Problems Started Two Weeks Ago

On March 11, the facility’s flue gas scrubber began malfunctioning. That meant the facility’s smokestacks began belching a sooty plume of petroleum coke dust — minute carbon particles that are a byproduct of the oil refining process.

The initial problem prompted the Bay Area Air Quality Management  District to issue eight notices of violation against Valero.

The air district and Solano County health officials said during the following days that the flue gas scrubber had been fixed and the coke dust releases were intermittent and gradually coming to an end.

But the black smoke returned on Saturday. On Sunday, fire officials detected high levels of fine particulate matter, known as PM10, around the refinery and issued a health advisory urging people with respiratory issues to stay indoors.

“What we were seeing was dark gray, almost black smoke coming from the flue gas scrubber unit,” Benicia Fire Chief Josh Chadwick said Monday.

PM10 is particulate matter 10 micrometers or less in diameter — larger than PM2.5 many became familiar with during last November’s Camp Fire, when smoke from the huge Butte County blaze prompted health advisories throughout much of Northern California.

Like PM2.5, the larger particulate matter is regulated by the Environmental Protection Agency.

EPA spokeswoman Soledad Calvino said the agency would not comment on ongoing or potential investigations.

The agency has said that once inhaled, petroleum coke dust can affect the heart and lungs and cause serious health effects.

“The additional concern is that this is more toxic than the standard stuff you’d find in the atmosphere,” said Anthony Wexler, director of the Air Quality Research Center at UC Davis. “It’s probably similar in toxicity to diesel exhaust, which is a known carcinogen because it’s sooty in nature.”

On Sunday morning the wind in the Benicia area was blowing east to west at about 6 to 12 mph, according to meteorologist Jan Null.

That meant the coke dust was being blown toward residential neighborhoods, said Chadwick.

“That was one of the big concerns I had,” Chadwick said. “We had a wind shift … that really turned it back toward the city.”

Several Residents Complain of Breathing Problems

Chadwick said the Benicia Fire Department received two 911 calls for respiratory complaints. One of the calls was for one person who was transported to John Muir Medical Center in Concord. The other was for two people who told paramedics who showed up they didn’t need to be hospitalized.

The wind on Sunday also sent the coke dust toward parts of Contra Costa County, according to air district spokesman Ralph Borrmann. The agency received several complaints from people in Benicia and a few in Rodeo, Borrmann said.

Fire crews have been conducting air readings since Sunday morning and the levels of particulate are back to normal, Chadwick said.

Air district officials are expected to release the results of their testing later this week.

It’s unclear why the flue gas scrubber began malfunctioning again.

Terry Schmidtbauer, Solano County’s assistant director of resource management, said his department’s investigation is focused on the scrubber unit, other refinery components that interact with the device and if refinery workers made a mistake in operating the unit.

It’s also uncertain how long it will take to shut down the affected parts of the refinery and how long that closure will last.

“I am not sure how long Valero intends to have the affected portion shut down,” Schmidtbauer said in an email.

Lillian Riojas, a Valero spokeswoman, did not answer questions about how long the shutdown should last.

On Sunday the company issued a statement about the refinery problem.

“There may be a visible plume and flaring as part of the shutdown,” Valero’s statement said.

Mayor Renews Call for More Refinery Regulations

Mayor Patterson has been calling for more regulation of Valero’s facility ever since the May 5, 2017, refinery incident — a push that so far has failed to result in action.

The City Council rejected her proposal to develop an industrial safety ordinance, similar to one in Contra Costa County, that provides more information to town officials about refinery problems.

The latest incident has prompted her to renew her call for action.

“We definitely need an industrial safety ordinance with the fees to cover the costs that it’s costing the city,” Patterson said. “When we are responding to these things, that means we’re not doing something else.”

Patterson said she planned to bring up the issue of compensation at a City Council session this Saturday.

A Bay Area environmental group critical of the oil industry and the agencies regulating it said the episode should raise concern about operations at other facilities.

“This is the latest sign that Bay Area refineries and our air quality officials can’t safely cope with current workloads, let alone the increased volume of oil processing planned by the industry,” said Hollin Kretzmann, an Oakland-based lawyer for the Center for Biological Diversity.