Category Archives: Martinez CA

Contra Costa to hold Apr. 11 public meeting on 2022 Martinez refinery releases (Zoom available)

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Contra Costa Hazardous Materials Program, issued April 1, 2024

The public has an opportunity to comment on the Incident Investigation/ Root Cause Analysis report (from a third-party consultant)associated with a spent catalyst release from the Martinez Refining Company (MRC) which occurred between November 24-25, 2022. The 45-day comment period is opening on April 4, 2024, and then closes on May 20, 2024. A public meeting will be held at the Contra Costa County Administration Building, Room 110A/B/C located at 1025 Escobar Street in Martinez on April 11, 2024, from 6:00PM to 8:00 PM.

To join via Zoom: https://zoom.us/j/98874840760
or Dial: (669) 900-6833 Webinar ID: 988 7484 0760

At this meeting, Contra Costa Health’s Hazardous Materials Programs (CCHHMP) will discuss the findings from the Independent Incident Investigation/Root Cause Analysis and receive comments about the report.

A copy of the report can be found at the following link: https://cchealth.prod.govaccess.org/home/showdocument?id=29932&t=638471488684042938

More about the release

MRC had a particulate matter release from their Fluid Catalytic Cracking Unit (CCU) on November 24-25, 2022. This release was estimated to have emitted 20-24 tons of fine particulate matter, called spent catalyst, into the surrounding community. TheCounty, working with an Oversight Committee, hired Scott Berger and Associates to perform the incident investigation. TheOversight Committee included members of the community, the City of Martinez, the City of Benicia, United Steel Workers, a refinery representative, and CCHHMP.

If you are interested and are available, attend the Public Meeting or submit comments on the report to Hazmat.Arpteam@cchealth.org or mail comments to the following address:

Contra Costa Health Hazardous Materials Programs
Attn: Michael Dossey
4585 Pacheco Blvd., Ste. 100
Martinez, CA 94553


More about Contra Costa’s search for accountability and transparency from refineries on BenIndy:

Elsewhere:

Chevron fined record-breaking $20M for Richmond refinery violations, Air District promises ‘new chapter’ for agency

Air District secures decisive victory: Chevron & MRC refineries drop lawsuits, Chevron to pay highest violation penalties in agency history

Chevron Richmond flaring. | KPIX.

Record-breaking penalties & community funding mark a new chapter for the agency

BAAQMD Press Release, February 13, 2024

SAN FRANCISCO – The Bay Area Air Quality Management District announced today it has reached two separate agreements with Chevron and Martinez Refining Company resulting in an end to the litigation against the agency over its groundbreaking Regulation 6, Rule 5, major emissions reductions from both refineries, unprecedented penalties and other payments of up to $138 million, and a Richmond-area Community Air Quality Fund, among other benefits. The Air District estimates that the emission reductions achieved by the rule will result in tens of millions of dollars per year in health benefits by reducing early deaths and other health impacts of exposure to particulate matter.

Both agreements are related to the Air District’s enforcement of Rule 6-5, the most health protective rule of its kind in the nation. The rule reduces airborne particulate matter, or PM, emissions from petroleum refinery fluidized catalytic cracking units, or FCCUs. FCCUs are devices used in the manufacture of gasoline and are the largest sources of PM at these refineries. As a result of Chevron and MRC’s compliance with Rule 6-5, there will be an estimated 70 percent reduction of PM emissions from Chevron’s FCCU and an 80 percent reduction from MRC’s FCCU.

“The historic penalties and successful defense of our life-saving Rule 6-5 are a win for air quality in the Bay, especially those living in the Richmond and Martinez-area communities,” said Davina Hurt, chair of the Air District Board of Directors. “The establishment of the Community Air Quality Fund for Richmond further emphasizes our dedication to address the specific air quality concerns of the communities most affected, improve public health and to advance environmental justice.”

“The Air District’s agreements with Chevron and MRC mark a turning point in our commitment to enforcing air quality regulations and deterring future violations throughout the Bay Area, especially in communities already overburdened by air pollution,” said Dr. Philip Fine, executive officer of the Air District. “The record-breaking penalties and commitment by the refineries to comply with our health-protective Rule 6- 5 will help ensure a cleaner, healthier future for all Bay Area residents.”

“Defending our health-protective regulation to substantially reduce particulate matter from refineries and imposing significant penalties helps us improve air quality for all residents,” said Contra Costa County Supervisor John Gioia, who represents Richmond and is also a member of the Air District Board of Directors. “I believe everyone, no matter where they live, has the right to breathe clean air.”

“Protecting our communities from particulate matter 50 yards down the street from sources is as important as protecting these communities 50 years down the road from climate change,” said Mark Ross, Martinez Vice Mayor and member of the Air District Board of Directors. “Along with this settlement and the resumption of Rule 6-5, with its historic reduction in annual PM emissions, the Air District is also demonstrating that enforcement of episodic incidents and violations will be enforced vigorously. Bay Area residents deserve such protection for their health now and in the future.”

Chevron Agreement Highlights:

  • Chevron drops its lawsuit and agrees to reduce PM emissions as required in the rule.
  • Chevron pays unprecedented penalties for any delay in compliance past the regulation’s July
  • 2026 compliance deadline. Chevron has committed to compliance with Rule 6-5 pollution limits, with escalating, record-setting penalties for non-compliance:
      • $17M for year 1
      • $17M for year 2
      • $17M for year 3
      • $32M for year 4
  • Chevron implements interim PM emission reductions at the FCCU to obtain early reductions even before the regulation’s compliance deadline.
  • Chevron pays into the Community Air Quality Fund, initiated with $20 million and supplemented annually by $3.5 million during the period needed for Chevron to construct air pollution controls. The fund will finance projects aimed at reducing PM exposures in the communities impacted by the refinery.
  • Chevron pays a $20 million fine for 678 other violations at the refinery unrelated to Reg. 6-5 and commits to a series of measures designed to reduce persistent flaring.
  • Chevron pays half the Air District’s attorney fees, up to $500,000.

MRC Agreement Highlights:

  • MRC drops its lawsuit and agrees to fully comply with the regulation.
  • MRC will demonstrate compliance with the regulation using a continuous monitoring system instead of periodic quarterly stack testing.
  • MRC pays half the Air District’s attorney fees, up to $500,000.

The Air District’s landmark Rule 6-5 reduces particulate matter emissions from petroleum refinery operations and is the most stringent rule of its kind in the country. This groundbreaking rule outlines specific requirements for reducing, monitoring, and reporting emissions of various pollutants including sulfur compounds and particulate matter from refinery operations.

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. 

Martinez supervisors deliver letter outlining demands to refinery

[Note from BenIndy: There’s been a whirlwind of activity around Contra Costa’s troubled refineries this week. After a surprise inspection, Contra Costa Health CEO Anna Roth issued an open letter putting Martinez Refining Company “on notice” for ongoing violations before listing a series of demands . (You should really read the letter. Go on. We’ll wait.) Check out the links below the article for more information. This is all fascinating, motivating stuff for residents interested in enacting an industrial safety ordinance in Benicia. Accountability and transparency should be easy between good neighbors.]

The Martinez Refining Co. is the focus of a joint civil action over its release of heavy-metal laden dust. | Scott Strazzante / The Chronicle.

The list of demands also included records of work stoppage orders and near-miss incidents.

NBC Bay Area / Bay City News, by Tony Hicks, December 28, 2023

Contra Costa County Board of Supervisors chair John Gioia and vice chair Federal Glover met with management of Martinez Refining Company on Thursday to discuss county concerns over the company’s frequency of chemical releases and other incidents since Thanksgiving 2022 when the refinery sent 20 to 24 tons of chemicals into the surrounding community.

The supervisors also delivered an open letter to Daniel Ingram, the refinery manager, from Anna Roth, the chief executive officer of Contra Costa Health, documenting incidents and ordering refinery owner PBF Energy to provide CCH’s regulators with full access to the facility, documentation related to deferred maintenance of equipment, and access and data related to maintenance and safety practices.

CCH and the Bay Area Air Quality Mangement District began a surprise inspection of the refinery this week that could last days, or even weeks, a CCH official said.

The letter, dated Thursday, called the number of releases and other incidents “unacceptable” and said they’ve “compromised health and safety at your facility, and in our community.”

“In the past year, CCH has documented 21 releases or spills of hazardous materials at the Martinez refinery,” the letter said. “According to the County’s Community Warning System records, PBF also reported using flares — devices that should only be used as an emergency safety measure to prevent more serious incidents — at a rate of nearly once per week. CCH has documented 46 flaring incidents at the refinery since November 2022.”

Roth wrote PBF is responsible for “ensuring the reliability of its systems and establishing and maintaining a culture of safety at the refinery. The number of incidents at the refinery over the past year is unacceptable for a facility operating in Contra Costa County and points to an apparent fundamental lack of investment on the part of PBF in ensuring the reliability of its systems and maintaining a facility that is safe for its workers and the neighboring community.”

Roth also included a statement Tuesday from BAAQMD executive director Philip Fine saying the air district has joined forces with the Contra Costa County District Attorney’s Office on civil enforcement against the refinery.

“The recent air quality violations at MRC are troubling and unacceptable. The Air District shares the community’s concern and outrage about these events,” Fine said in the statement. “We are actively investigating and pursuing all legal avenues to ensure MRC is compliant with our regulations and that future violations and community disruptions are minimized.”

Roth wrote, “CCH will not tolerate unsafe business practices at the refinery” and officially notified PBF of CCH actions, including “Beginning immediately, PBF shall allow CCH employees and agents onsite at all times and permit them access to any part of the facility upon request.”

She also wrote that PBF will give CCH all documentation relating to deferred maintenance of equipment at MRC no later than 10 a.m. Jan. 2, for CCH to decide the facility’s work plan for addressing deferred maintenance moving forward.

CCH also wants a list of every employee and resident contractor working at MRC, including job titles and description of responsibilities, and wants the ability to interview them without PBF management present.

The list of demands also included records of work stoppage orders and near-miss incidents.

CCH also reserved the right to come inside the refinery “during any incident that has the potential to impact public health or the environment in accordance with all applicable laws.”

Roth wrote CCH “reserves the right to modify the Community Warning System level of any incident impacting public health without consulting PBF. All costs associated with incident response will be borne by PBF.”

The letter also said, “At least two weeks before PBF’s planned turnaround in early 2024, PBF shall provide to CCH a comprehensive plan outlining when planned flaring will occur during the turnaround and what steps the facility will take to minimize the amount of flaring.”

A turnaround is a scheduled event in which an entire process unit is taken offline for an extended period for work to be carried out.

During that time, CCH wants observers onsite at all times and access to any part of the facility.

Roth ended the letter by writing, “We look forward to collaborating with PBF on our mutual goal of making this facility the good neighbor it aspires to become.”


More about Contra Costa’s search for accountability and transparency from refineries:

Will a year of industrial accidents change the landscape of East Bay’s ‘refinery row’?

[Note from BenIndy: This tidbit from the article below says a lot  – “According to the regional air quality district, the number of flaring events nearly doubled last year, the most since 2019. The trend has been increasing in the last five years. That rise has led some observers to question whether these century-old refineries have reached the end of their lifecycle.” And: “’If I’ve learned one thing, it’s that nothing is going to happen overnight,’ [Healthy Martinez member Heidi] Taylor said. ‘But I believe the cumulative pressure is going to bring about a new era, and I am here for it.’” Thanks, Heidi. We’re here for it too.]

At 12:42 a.m. what appears to be a flare up is occurring at the Martinez Refinery in Martinez, Calif., on Saturday, Sept. 23, 2023. | Jose Carlos Fajardo / Bay Area News Group.

An aging industry is angering locals and sparking multiple investigations

East Bay Express, by Will McCarthy, December 16, 2023

On Friday morning, Contra Costa County Public Health warned residents about a new flaring incident at the Martinez Refinery. The agency said that unidentified chemical odors in the air could be related to the event and that “eye, skin, nose or throat irritation may be possible for some people in the affected area.”

The public health advisory in Martinez came exactly one week after the air surrounding the Chevron oil refinery in Richmond took on the distinct smell of burning tires. Over a hundred local residents, disturbed by the noxious odor, reported it to the local air quality agency.

Both incidents, although by no means the most dramatic, were more mishaps in a long year of refinery accidents and violations in the East Bay industrial cluster that forms a sort of refinery row.

Refineries have long been part of the Bay Area’s economic and energy ecosystem. Many of them have existed for over a hundred years and still serve as a significant tax base for cities and a source of reliable union jobs. This is not the first year that refineries have flared, nor is it the first year there have been facility accidents.

In November, an employee received third-degree burns covering most of his body after a fire erupted at Marathon Petroleum’s refinery in Martinez, the second fire that month. A power outage at the Chevron refinery, also in November, caused an enormous plume of black smoke to billow out of the facility for hours. Over the course of 13 months, the Martinez Refining Co., owned by petroleum giant PBF Energy, scattered coke dust and spent catalyst containing heavy metals over the surrounding town, including a high-profile incident the day after Thanksgiving last year that brought a new level of attention to the refinery’s mishaps and another that came just hours before the local high school’s spring homecoming parade.

After an investigation of the odor on Dec. 8, the Bay Area Air Quality Management District determined Chevron’s bioreactor was to blame. The agency issued a public nuisance notice of violation to Chevron — its 35th violation of the year and second in two weeks.

As the region and the nation plot a clean-energy transition, some advocates are asking whether these high-profile incidents are the last gasps of a dying industry that will try to reap as many profits as possible before they are gone.

“Companies are willing to put not just the local communities but their own workers at risk for profit,” said Jacob Klein, organizing manager for the San Francisco Bay Area chapter of the Sierra Club. “Community safety and worker safety does not seem to be their priority.”

As a result of the most recent accidents, numerous agencies have started investigations into the refineries’ safety practices. The U.S. Chemical Safety Board, the Contra Costa District Attorney’s office, the EPA and even the FBI all have ongoing investigations. Residents of Martinez have filed a class-action lawsuit against the Martinez Refining Company for its chemical releases.

As the calendar moves toward January, Bay Area community advocates are determined not to repeat more of the same next year. Instead they aim to build on the activism that grew after the Thanksgiving incident to permanently transform the relationship between refineries and the community.

“With all of these mishaps affecting more and more people, more and more people are being educated and are educating themselves about these issues,” said Heidi Taylor, a member of Healthy Martinez, a local watchdog group that emerged in the aftermath of the spent catalyst release. “We haven’t seen solutions come to fruition, necessarily, but I do believe there is hope on the horizon.”

According to the regional air quality district, the number of flaring events nearly doubled last year, the most since 2019. The trend has been increasing in the last five years. That rise has led some observers to question whether these century-old refineries have reached the end of their lifecycle.

“The Bay Area’s dangerous, aging refineries are all roughly 125 years old,” said Shosana Welscher, an organizer with Sunflower Alliance and the Refinery Transitions Group. “It’s well over time to decommission them and remediate the contaminated land they occupy for safer, cleaner uses.”

In a statement, the Martinez refinery said that it continues to be committed to earning the right to operate in Martinez.

When asked to comment for this story, the Martinez Refinery Company issued a statement saying, “We have apologized to our neighbors for falling short of meeting that commitment. We have implemented corrective actions, continue to cooperate with all government agencies, and have enhanced our communications with our neighbors and public officials.”

A spokesperson for Chevron, meanwhile, said the air district often provides notices of violations in batches and are sometimes issued years after the actual occurrence. They noted that because of their modernization efforts and investments in new technologies, particulate matter emissions have fallen by 36% since 2018, and flaring events have fallen in the last two years.

Chevron places the highest priority on the protection of employees, communities, and the environment, and continually works to enhance the safety of our operations,” said Caitlin Powell, an external communications advisor for Chevron Richmond.

In a presentation to the Martinez City Council in October, refinery manager Daniel Ingram positioned the company as a crucial player in the California energy economy, one that manufactures 20% of the Bay Area’s gasoline supply and 40% of the region’s jet fuel. Although refineries are a significant contributor to air pollution in the Bay Area, they are not the highest — motor vehicles and wildfires both are larger contributors to overall pollution in the region, according to the air district.

But to some, the refineries across the region are emblematic of the country’s slow shift away from fossil fuels. That creates some cognitive dissonance, where California may chart a clean-energy future as refineries around the bay continue to refine oil for overseas markets.

“We could all end up driving Teslas and the refineries polluting more and blowing up more in our communities,” said Greg Karras, a consultant on refinery transitions. “That’s one possible future.”

Still, to community advocates, that is just one of many possible outcomes. Another future is one in which increased public scrutiny and public control prevents the types of accidents and releases that occurred this year.

“If I’ve learned one thing, it’s that nothing is going to happen overnight,” Taylor said. “But I believe the cumulative pressure is going to bring about a new era, and I am here for it.”