Category Archives: Keeping Watch on Earth News

Dangerous Valero Emissions Went Unchecked For Years In Benicia

Benicia’s mayor and other city leaders said they were not informed of the problem until two months ago.

Benicia-Martinez Bridge, Valero Benicia Refinery in distance. (Paul Hames/California Department of Water Resources)

Benicia Patch, March 4, 2022

BENICIA, CA — Representatives from Valero and the Bay Area Air Quality Management District appeared in front of the Benicia City Council Tuesday night after revelations were made known that the refinery was emitting harmful, excessive levels of hazardous chemicals for nearly 16 years before BAAQMD said it became aware of them.

The council and community members also grilled BAAQMD for failing to notify the city of Benicia as soon as it found out about the emissions in 2018. Benicia’s mayor and other city leaders said they were not informed of the problem until two months ago.

BAAQMD began its PowerPoint presentation to the council with an image of Valero’s byzantine system of pipes, storage tanks, chimneys, towers, vents and smokestacks with a red arrow pointing down to one of them. Under the arrow stood a slim, vertical pipe emitting smoke that the air district claims it had thought was merely a steam vent. As it turned out, the innocuous vent had been emitting pollutants at hundreds of times the daily limit since 2003.

According to BAAQMD, Valero had been releasing benzene, ethylbenzene, and other organic compounds considered hazardous. District rules set a cap on such emissions at 15 pounds per day and a maximum of 300 parts per million. What the district discovered was that Valero had been emitting an average of 5,200 pounds per day and 19,148 parts per million.

The presentation given to council was an attempt of the air district to “be more transparent,” something they say they are committed to in the wake of the revelations.

“We should have done better and we should have done better sooner,” said Damian Breen, BAAQMD’s senior deputy executive officer of operations.

Joshua Tulino, general manager of Benicia’s Valero refinery, told the council and community that they, too, were unaware of the emissions until 2018 and “immediately” administered piping modifications that solved 71 percent of the hydrocarbon emission issues. He also said that since then, Valero has reduced the emissions by 98 percent.

Tulino maintained that informing the community about dangerous emissions is an “obligation” they take seriously but that “this source of emissions did not fall into that category.”

Tulino added that they were not aware that the vent was a source that needed to be monitored.

Benicia Mayor Steve Young asked Breen why the air district didn’t release the information it had gathered as soon as it found out and questioned how they could identify toxic releases and not share information with the city.

Breen said Solano County and “hazmat” officials were notified, but that they “should have done better” about notifying Benicia.

“That’s why you see us changing our policies here.”

The changes Breen referenced are holding more public hearings when violations occur, increasing transparency, keeping communities better informed, and monitoring refineries “better.”

As part of this effort, BAAQMD will be holding a March 15 public hearing about these Valero violations. The air district will also be installing a remote air monitoring station in Benicia near the Fire Museum at 900 East Second Street, a move that councilmembers unanimously accepted Tuesday.

Seeno attorneys request new trial – Save Mount Diablo says motion “Should be denied”

Seeno’s attorneys request new trial following Save Mount Diablo legal victory against Faria project in Pittsburg hills

The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein
607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park – SMD leader says motion for new trial “should be denied”

Contra Costa Herald, by Allen D. Payton, March 3, 2022

Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)

The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New Trial Parsons Dec. ISO Mot for New Trial      Raskin Dec. ISO Mot for New Trial    Faria project new trial Proof of Service

A hearing date on the motion for a new trial has been set for April 14, 2022.

The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory: [Previously published here on BenIndy, see Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills.]

Save Mount Diablo Says Motion for New Trial “Should Be Denied”

Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”

“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”

“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.

Valero Hit With Suit Over Bay Area Petroleum Coke Pollution

[BenIndy Editor: Last October, Baykeeper announced a Notice of Intent to sue, offering 60 days for a settlement.  Evidently there was no agreement to settle.  Today’s news below.  See also: earlier reports on the Benicia Independent.]

SF Baykeeper Sues Water-Discharging Businesses

Law Street Media, by Jose Rascon, March 2, 2022
On Thursday, plaintiff San Francisco Baykeeper filed suit against Amports, Inc APS West Coast, Benicia Port Terminal Company, and Valero Refining Company in the Northern District of California. San Francisco Baykeeper is claiming that the defendants have unlawfully discharged pollutants into public waters.

The defendants, according to the complaint, are a group of corporations that conduct business in the automotive processing industry, while the plaintiff is a nonprofit organization “whose main focus is to hold polluters and government agencies accountable to create healthier communities and help wildlife thrive”

The complaint states that the defendants have “directly discharge petroleum coke into the Carquinez Strait at the Port of Benicia and that Defendants do so without a valid permit under the Clean Water Act and in violation of California law.”

The plaintiff is claiming that the defendants have gone out and discharged harmful toxins in the Port of Benicia through several means. Some of these means have been through “the washing of petcoke and pollutants off the deck of the ship and other loading-related equipment, directly into the Bay,” as well as the direct “aerial deposition of particulate matter into the water from Amports’ conveyance system and operations.”

According to the plaintiff the substance that the defendants have allegedly been discharging, known as Petroleum coke, or petcoke is a harmful byproduct of petroleum refining. Some of the properties that Petcoke contains are heavy metals such as copper, zinc, nickel arsenic, and mercury. This substance is being claimed to be “a harmful and deleterious to aquatic ecosystems, animal and plant species in and around waters, and poses risks to human health”.

Other allegations that the plaintiff is asserting is that the substance Petcoke makes its way into the public waters of the Carquinez Strait where the defendants do not have the proper authorization to work in.

Ultimately, the defendant is facing 10 counts, including NPDES permit violations, Clean Water Act violations, and violation of unfair competition law.

The Plaintiff is being represented by Schute, Mihaly & Weinberger LLP

KQED Morning Edition: City Leaders in Benicia not happy over Air District findings against Valero Refinery

City Leaders in Benicia not happy to learn recently that the Valero was emitting excessive amounts of hazardous chemicals for over a decade

KQED Radio, Morning Edition, March 1, 2022

Brian Watt interviews Ted Goldberg: