Category Archives: Local vigilance

SF Chronicle editorial: Benicia needs an Industrial Safety Ordinance (ISO)

Repost from the San Francisco Chronicle

EDITORIAL On Pollution
Monday, November 27, 2017

Clear the air about safety – Industrial Safety is a Community Concern

The Valero refinery in Benicia,Ca., as seen on Tuesday June 20, 2017. Photo: Michael Macor, The Chronicle
The Valero refinery in Benicia,Ca., as seen on Tuesday June 20, 2017. Photo: Michael Macor, The Chronicle

Two Bay Area counties are home to oil refineries, but only one has an industrial safety ordinance directed at preventing accidents that could harm workers and pollute the air — Contra Costa County. Solano County has no ordinance, but Benicia, where Valero operates a refinery, is beginning a conversation on adopting a city safety ordinance.

The push for the city ordinance comes at a time when the state recently has adopted its own industrial safety ordinance modeled on the Contra Costa County ordinance. The regional air quality board also unanimously adopted on Nov. 15 the strictest regulation in the nation to limit emissions of cancer-causing toxic air contaminants. Solano County officials say they are studying the new state regulations but question the need for another layer of governmental oversight.

The goal, said Benicia Mayor Elizabeth Patterson, who called the Nov. 14 community meeting along with a coalition of environmental and community groups, “is to get a seat at the table.”

Air quality is always a concern in a refinery town, but a May 5 incident at Valero that sent huge plumes of black smoke and flames soaring into the sky reignited community worries. The flaring resulted in shelter-in-place and evacuation orders and raised the price of gasoline. It was later determined the refinery had released 80,000 pounds of toxic sulfur dioxide — a huge amount, experts said.

Two investigations (one by the state, one by the county) found Valero not at fault, but the county’s findings were never forwarded to the city and only revealed through a public records act request. The regional air board is still investigating.

Valero is suing PG&E over a power failure that preceded the refinery losing control of its process.

An industrial safety ordinance would bring Benicia — and surrounding communities — into the know and give residents directly affected some say.

An ordinance also would require Valero to pay fees to the city, or Solano County if the Board of Supervisors adopts an ordinance, to contract for the engineering expertise needed to oversee prevention programs, audits and inspections. Unsurprisingly, Valero is against the idea.

Contra Costa County adopted its industrial safety ordinance in December 1998 after a series of incidents, and just days before four men were killed and a fifth seriously burned in a gruesome refinery accident. Richmond soon after adopted its own ordinance. Contra Costa’s ordinance is held up by the U.S. Chemical Safety Board as a model. The record shows the number of refinery and chemical facility incidents has diminished since adoption.

Industrial safety is a public concern. The public deserves to be in the know.

TODAY! ISO BENICIA PANEL DISCUSSION TUES. NOV. 14

TOWN HALL MEETING TONIGHT!
An Industrial Safety Ordinance (ISO)
for Benicia

To learn more about ISO Benicia,
please attend a panel discussion with State Officials, and Contra Costa County experts on why and how Benicia can better protect our community.

Why:  Currently, Benicia is the only refinery town in the Bay Area not protected by an ISO. In Contra Costa County, the county Hazardous Materials Division of the Health Department is responsible for enforcing an ISO that governs the three refineries in the county unincorporated areas – Shell, Tesoro and Phillips 66. The City of Richmond has an ordinance that mirrors the county’s and contracts with Contra Costa County for enforcement activities governing the Chevron refinery and other industries.

When:   TODAY! Tuesday, November 14, 2017 at 7pm.

Where:  The Benicia Public Library in the Doña Benicia Room at 150 East L St. in Benicia.

Who:   

  • Gregory Vlasek, Local Program Coordination and Emergency Response, California Environmental Protection Agency
  • Clyde Trombettas, Statewide Manager and Policy Advisor for California OSHA, Process Safety Management Unit
  • Randy Sawyer, Contra Costa County Chief Environmental Health and Hazardous Materials Officer
  • John Gioia,  Contra Costa County Supervisor
  • Staff representatives from Solano County were invited to participate and declined the invitation.
  • You:  There will also be an opportunity for the public to ask questions and make comments at the end of the presentations.

For more information:  Contact Andrés Soto at 510.237.6866 or andres@cbecal.org  [See also below: Quick Facts, and Where To Write.]

Event Sponsors:

Benicians For a Safe & Healthy Community | Progressive Democrats of Benicia | The Benicia Independent | Communities for a Better Environment  |  ALSO: Solano County Supervisor Monica Brown |  United Democrats of Southern Solano County  |  Carquinez Patriotic Resistance


Quick Facts

What is the purpose of an Industrial Safety Ordinance (ISO)?
The main goal of an Industrial Safety Ordinance (ISO) is to prevent and/or minimize the effects of devastating accidents on the employees close to the accident and the surrounding communities.

Why does Benicia need this when the State has an ISO?
After the near-catastrophic May 5th Valero Refinery emergency shutdown and major flaring incident, it was even more apparent that Benicia is at risk without an ISO. Benicia is the only jurisdiction in the East Bay with a refinery or chemical industry that does not have a local safety ordinance such as the City of Richmond and other refinery communities have. The City of Benicia is covered by Cal/OSHA and Cal/EPA safety regulations.  However, there are additional concerns not addressed by Cal/OSHA and Cal/EPA, such as no direct safety reports filed at the City of Benicia, leaving Benicia in the dark.  An ISO would correct this and other safety matters. 

How would this improve communications between Valero and the community of Benicia?
A local ISO would facilitate cooperation between industry, the City, the County, local fire departments, Cal/OSHA, Cal/EPA, other agencies that have oversight of businesses, and the public in the prevention and reduction of incidents at refineries like Valero. An ISO would also establish local air quality monitors for access to real time data.

Why is the Valero refinery the only Bay Area refinery not involved with a county or local ISO?
In 1998 Contra Costa County adopted an ISO, and revised and updated it after the Chevron fire. The City of Richmond also has a local ISO.  These ISOs require among other things, refineries and other chemical businesses to submit a safety plan, undergo safety audits, and have risk management plans, each of which would allow more community input and access. The Contra Costa ISO has been praised as the best safety ordinance in the country, so effective that Cal/OSHA and Cal/EPA adopted many elements for state regulation and oversight.  Benicia is the only city in Solano County that is home to refinery and currently our County has no plans to develop an ISO.  It is up to the City of Benicia to develop and implement its own. 

How would the ISO be managed and can Benicia afford it?
Contra Costa County’s ISO enables the county to collect fees from industrial facilities to pay for comprehensive public safety alerts and local information about environmental risks and exposure to toxins due to an “event”.  

What are the next steps and how can I get involved?
Because Benicia deserves to be properly protected and informed, Benicians for a Safe and Healthy Community, Progressive Democrats of Benicia, The Benicia Independent, Carquinez Patriotic Resistance, Communities For a Better Environment and additional community groups are urging the City Council to adopt and implement an Industrial Safety Ordinance for Benicia.  To learn more and get involved, visit BeniciaIndependent.com.  To write to Benicia city staff and council members, see below…


WHERE TO WRITE…

EMAIL:
Mayor Elizabeth Patterson (epatterson@ci.benicia.ca.us)
Vice Mayor Steve Young (syoung@ci.benicia.ca.us)
Tom Campbell (tcampbell@ci.benicia.ca.us
Mark Hughes (Mark.Hughes@ci.benicia.ca.us)
Alan Schwartzman (aschwartzman@ci.benicia.ca.us)
City Manager Lorie Tinfow (ltinfow@ci.benicia.ca.us)
Interim Fire Chief Josh Chadwick (JChadwick@ci.benicia.ca.us)
Police Chief Erik Upson (EUpson@ci.benicia.ca.us)
City Attorney Heather McLaughlin (Heather.McLaughlin@ci.benicia.ca.us)

MAIL / PHONE / OFFICES:
Mail to or visit City Hall: 250 East L Street, Benicia, CA 94510
Phone numbers are listed on the City’s CONTACT PAGE

SEND YOUR THOUGHTS TO THE NEWS MEDIA:
Benicia Herald, 820 First St, Benicia, CA 94510, or by email to the editor at beniciaherald@gmail.com
AND
Vallejo Times-Herald, P.O. Box 3188, Vallejo, CA 94590, Fax: 643-0128, or by email to Editor Jack Bungart at opinion@timesheraldonline.com.

Zoning Out Fossil Fuels: Local Action for A Better Future

Repost from STAND.earth  (See far below for webcast)

#ClimateIsLocal

Every environmental attack by the Trump Administration further emphasizes the importance of taking local action on climate. Climate inaction at the federal level isn’t new–and neither is real success on climate action at the local level.
 
Hidden by the barrage of bad news stories about hurricanes, wildfires, and international climate agreements, are dozens of good news stories about frontline communities defeating dirty fuel projects and municipalities leading the way on zoning out new fossil fuel infrastructure. 
 
Towns and counties have local land use powers that allow them to change regulations to prevent the siting of new fossil fuel infrastructure. Around the US, activists and NGOs have been working with these city and county governments to effectively “zone out” the ability to permit new dirty fuel projects. 
 
A few of the examples:

  • In Whatcom County, Washington, the County Council will hold a public hearing on 9/26/17 and vote to pass an extension of the moratorium on accepting applications for new infrastructure that could be used for unrefined fossil fuel export. This will eventually become codified in the county’s land use policy.
  • In Milwaukee, Wisconsin, the board of Harbor Commissioners and Public Works department, operating under the City of Milwaukee, amended a lease to not allow US Oil to “receive, handle, store, ship or otherwise process or distribute crude oil” at the port.
  • In Tacoma, Washington, a permitting freeze similar to Whatcom’s is close to passage, with plans to alter the port’s industrial zoning to prevent new dirty fuel projects.
  • In Portland, Oregon, an ordinance was passed to prevent the siting of bulk crude storage in the city. The legal challenge from industry is winding through the courts, but the ordinance has a good chance of being upheld.

If implemented broadly, passing municipal land use ordinances can prevent the growth of the fossil fuel economy, and be a critical element in fighting global warming, regardless of what the Trump Administration tries to do.

We hosted a recent webcast with activists from the efforts in Whatcom County, WA and Portland, OR.

Want the local resources mentioned in the webcast? STAND.earth has got you covered. Click here.

Letter from Larnie Fox: Civility in local political discourse

We received the following letter to the editor from Larnie Fox, Benicia artist and former director of Arts Benicia

Civility

September 11, 2017

Many citizens are very upset about the hike in water bills and the new water meters. Our bill went up too, and we have a new water meter. I don’t like paying more for water now that we are on a fixed income, but it seemed reasonable and necessary to me, if a bit sudden. I understand that it came as a huge shock to many, and that there were big problems with the rollout of the new meters and that the increase in some people’s bills is apparently not justified by their actual usage.

I understand why people are angry, and I like the fact that they are civically engaged. However, the tone of the debate has become pretty ugly. I have seen some grandstanding at City Hall meetings, very unkind posts in social media, and personal attacks on the Mayor, Council, and City Staff. During my time directing Arts Benicia, I worked with and came to know many of the people who are now being vilified, and I know that they are without a doubt motivated by a love of Benicia and its citizens, and a deep desire to serve them.

We see similar angry rants and hateful social media memes in national politics now ~ and I think we can all see how this anger, which may be justified, becomes a barrier to finding solutions. I had hoped that our community was better than that.

As I wrote last year during the height of the crude by rail controversy: “Let’s keep in mind that we all care deeply about our charming, artistic, innovative little town. Please, let’s all keep civility and respect for the First Amendment, for each other and for our vibrant but frail local democracy at the forefront during this debate. After the issue is settled, let’s all reunite to work towards our common vision: maintaining Benicia as the safe, friendly, livable, economically viable small town in the Bay Area that we all love.”

Larnie Fox, artist and former director of Arts Benicia