Category Archives: Valero Benicia Refinery

Benicia looking to adopt Industrial Safety Ordinance

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

City has dealt with numerous venues, including Valero Refinery, which has been the site of numerous air pollution incidents

Vallejo-Times Herald, by Thomas Gase, February 1, 2025

Benicia citizens are ready to clear the air regarding an Industrial Safety Ordinance.

Tuesday’s Benicia City Council meeting is set to include a segment on the possible adoption of the ordinance. The Benicia Industrial Safety and Health Ordinance — a citizens group formed in 2023 with 250 supporters — is looking for a stronger ordinance to deal with venues like Valero Refinery, the site of numerous air pollution incidents.

“This is a critical meeting that will affect the future of our air quality for years to come,” said Terry Mollica, a member of the group Benicia Industrial Safety and Health Ordinance. “We need everyone in Benicia who cares about the air we breathe to show up at the city council to show support for stronger protections.”

Benicia is the only Bay Area refinery town to not yet have an Industrial Safety Ordinance. Community activists — including health and environmental advocates — have spent years calling for tighter regulations to protect citizens from dangerous industrial emissions impacting air quality and the health of residents.

The Valero Refinery has been the site of a series of air pollution incidents, including the recent revelation that a hydrogen vent at the refinery had been leaking 2.7 tons of toxics into the air for 15 years. That discovery resulted in an historic $84 million fine imposed by the Bay Area Air Quality Management District in 2024.

Inspectors reported that Valero management had known about the leaks for years, but failed to report them or take steps to mitigate the leak. The fine reportedly was the largest penalty ever assessed by the district.

“[The Benicia Industrial Health and Safety Ordinance group] was formed by a group of concerned citizens to promote the adoption of an ISO to help the city regulate such emissions and reduce the risk of incidents,” Mollica said. “This most recent discovery and the secrecy surrounding the years-long leaks point out how important it is for Benicia to have a strong Industrial Safety Ordinance.”

Valero was one of four other refineries that in 2023 didn’t meet requirements as defined by BAAQMD and Rule 12-15.

Rule 12-15 — passed in 2016 — requires refineries to monitor and report fugitive gasses from their operating equipment, such as valves, compressors, and storage tanks. These emissions impact the health of the surrounding communities — the toxic gases released include noxious chemicals like the cancer-causing benzene.

After a trip to the refinery in 2023, Benicia Community Air Monitoring Program Board Member Kathy Kerridge said she was not surprised at the result. After all, it wasn’t the first time it had to pay up for emitting smoke or chemicals into the air. In April 2017, the Bay Area Air Quality Management District fined Valero $340,000 for 28 violations committed in 2014. A month later, they were hit with four additional violations — one for causing a public nuisance and three for releasing excessive smoke.

“Fines are trivial to them,” Kerridge said. “It’s like they are having a direct slap to the face with the community. The main problem is that the air monitoring gives us the sense of false security.”

Newly-elected council members Terry Scott and Kari Birdseye sponsored the adoption of an ordinance late in 2023. The council then voted unanimously to have staff study the issue and make a recommendation. Mayor Steve Young appointed Scott, Birdseye, Fire Chief Josh Chadwick and city staff to a subcommittee to draft an ordinance and to bring it before the city council.

Benicians took to the streets near City Park on Wednesday to protest the influence of the Valero Oil Refinery in the 2022 local election. (Chris Riley/Times-Herald)
Benicians took to the streets near City Park on Wednesday to protest the influence of the Valero Oil Refinery in the 2022 local election. (Chris Riley/Times-Herald)

Since then, the subcommittee held public meetings to gain feedback from citizens and industrial groups including Valero, analyzed the data and drafted an ordinance.

Mollica also said that during those months, there have been ongoing negotiations between the city and Valero with the refinery displaying strong resistance.

In June 2019,  execution of the Benicia–Valero Cooperation Agreement addressed concerns raised by the council and the community regarding industrial safety with the Valero facility. While an agreement with the parties largely achieved its intended goals, several areas for improvement have been identified over the past five years with three significant concerns. Those concerns are:

  • Term: The agreement includes an expiration date, requiring the City to renegotiate an extension or a new agreement each time it expires.
  • Termination: The agreement contains a termination clause, allowing a party to potentially terminate the agreement at any time.
  • Enforcement: The agreement lacks clear enforcement provisions and does not specify consequences for non-compliance.

Since then more outreach was requested, including engaging with key stakeholders and subject matter experts. To achieve this, a subcommittee implemented a comprehensive public engagement strategy and created the website www.EngageBenicia.com for the public to share their thoughts, questions, and feedback. The site went live in March.

That same month, a public feedback survey was introduced on the website to gather quantitative data on public opinion regarding industrial safety in Benicia. Between March 25 and May 19, feedback was collected from 178 participants, according to a Benicia City Staff report.

The ordinance is now on its third draft, which was constructed last month. This newest draft incorporated significant revisions from the prior versions, with the most notable being a detailed legal analysis determining that various aspects of the previous versions included requirements that state law makes the responsibility of the the Solano County Certified Unified Program Agency.

The Valero Refinery in Benicia was one of four refineries in the SF Bay Area that did not meet air quality requirements for compliance with the Bay Area Quality Management District in 2023. (Chris Riley/Times-Herald file)
The Valero Refinery in Benicia was one of four refineries in the SF Bay Area that did not meet air quality requirements for compliance with the Bay Area Quality Management District in 2023. (Chris Riley/Times-Herald file)

The staff report also outlines industrial facilities subject to regulation under the ordinance. It specifies that the ordinance applies to any High Hazard Facility operating within the City of Benicia, as defined in Section 8.55.070. A “High-Hazard Facility” is classified as a “Group H” occupancy under the California Fire Code and encompasses buildings, structures, or portions thereof used for manufacturing, processing, generating, or storing materials that pose physical or health hazards in quantities exceeding the limits permitted in the California Fire Code.

While the current agreement is only between Benicia and Valero, the draft ordinance will regulate numerous other industrial facilities. Although the list of Group H high-hazard facilities in Benicia is not static, in 2023 it did list 13 businesses that were defined as Group H occupancies. Those are:

  • Valero Refinery (3400 E 2nd St)
  • Kaneka (6162 Egret Ct)
  • Ralph Pugh (3931 Oregon St)
  • Interstate Batteries (535 Getty Ct)
  • Amports (2050 Park Rd)
  • Cork Supply (531 Stone Rd)
  • Red Line Synthetic Oil (6100 Egret Ct)
  • Auto Chlor (515 Stone Rd)
  • Benicia Water Treatment Plant (100 Water Way)
  • Kwik Bond Polymers (923 Teal Dr)
  • Flavor Insights (4795 E Industrial Way)
  • Delta Tech Services (397 W Channel Rd)
  • Linde Inc (331 E Channel Rd)

The 2023 report also listed two other sites that are no longer operating in the city — Red Line Synthetic Oil and Auto Chlor.

The Tuesday meeting will begin at 6 p.m. at 250 East L Street in Benicia. It can be viewed via Zoom at us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09. The phone number is 1 (669) 900-9128, while the Meeting ID is 885 0804 7557 and the password is 449303.

CALL TO ACTION: February 4 is Crucial for Benicia Kids’ Health and Safety

Valero’s Benicia Refinery, located near homes, schools, and parks, has placed – and will continue to place – residents at risk during dangerous incidents or regulatory violations. Despite years of accidental spills and emissions as well as many documented violations (some egregious), Valero has maintained its historic hostility to both citizen- and City-led proposals for local oversight. | Bay Area Air Quality Management District.
Benicia resident and author Stephen Golub.

 

By Stephen Golub, January 26, 2025

On Tuesday, February 4, we can help protect Benicia’s kids and grandkids and all the rest of us by attending the 6 pm City Council meeting, in person or via Zoom, to show support for the draft Industrial Safety Ordinance (ISO) that the Council will soon vote on. The measure can reduce the risks of toxic emissions, fires and explosions at the Valero Refinery and other covered businesses. You can supplement your attendance by emailing your support to Mayor Steve Young, Vice Mayor Trevor Macenski  and Council Members Kari Birdseye, Lionel Largaespada and Terry Scott, at

Why is this so vital? Well…

Imagine you had a neighbor who had a backyard business that they repeatedly said was safe. But lo and behold, you found out that for many years the business had emitted toxic fumes dangerous to the health of your kids and grandkids and yourself.

What’s more, this was by no means the only such hazardous action by them. And some such actions also pose the risk of fire and explosions.

After all this, the neighbor sends a letter that could be seen as a threat to sue you if you seek firmer guarantees than a supposed safety-enhancing understanding you two had, which in fact had failed to ensure safety from their fumes. And folks affiliated with them reject initial attempts to discuss such guarantees. (But the neighbor does buy your kids little league uniforms as a gesture of goodwill.)

Would you feel safe? Would you want more assurance to protect the kids from toxic fumes, fires and explosions?

That’s pretty much the choice Benicia faces. On February 4, the City Council will start to consider the ISO. The measure requires that the Valero Refinery and other potentially dangerous businesses provide us with more information about their operations and accidents, information that could protect our kids and all of us from dangerous emissions and potential fires and explosions.

This should be a no-brainer. Drafted with great dedication and diligence by Council Members Birdseye and Scott as well as Fire Chief Chadwick and other personnel, the ISO gives Benicia a seat at the table in knowing what’s going on.

This in turn helps prevent dangerous events. If we’d had such a seat for the past 20 years, we might have avoided 15-plus years of Valero spewing toxic emissions hundreds of times the legal limits into our air, as well as some of the numerous other violations it committed.

The need for the ISO has increased greatly recently. With a new administration in DC backed  by fossil fuel industry interests, the federal Environmental Protection Agency will almost certainly reduce its crucial role in protecting our health and safety.

Right now, all we have with Valero is a Memorandum of Understanding that the corporation can walk away from pretty easily.

The ISO  would instead be binding on and paid for by Valero and other covered businesses.

All other refinery-hosting communities in the Bay Area have such ISOs; we’re merely seeking the same sort of prevention and protection for our health and safety.

As I’ve said before, I greatly respect our valued neighbors and friends who work or worked hard at the refinery. But Valero’s Texas headquarters calls the shots. We’re the ones who suffer if something goes wrong, not those San Antonio-based  executives.

The threat of emissions, fires and explosions may seem far away. Many LA residents had similar thoughts before firestorms raced through their communities. Unlike them, we can take a specific step – the ISO – to reduce risks.

By showing up at the February 4 meeting and emailing our City Council members, we can help preserve this wonderful town that we love.

Speaking of the Council, it’s time for these dedicated public servants to stand up together for Benicians’ health and safety.

It’s time for our City leaders to lead. 

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.

Vote Christina Gilpin-Hayes for Benicia City Council

Christina Gilpin-Hayes, endorsed candidate for Benicia City Council. | Campaign photo.

 

My name is Christina Gilpin-Hayes, and as you may have heard, I’m running for Benicia City Council. Before I tell you about my qualifications and why I’m asking for your vote, let me say that it has truly been an honor to run for Council. I have enjoyed every moment of this election season so far—meeting neighbors who have become friends, knocking on doors, and being welcomed into homes to listen to concerns and engage with our community members. It has been a rewarding experience that reinforces my commitment to serving our community.

I find joy in this process. Even neighbors who may not agree with me or are voting for another candidate have shared their stories and experiences with me. This is what community means to me. Even when we don’t agree, there is an opportunity to communicate.

Now, a bit more about me: I have a Bachelor’s Degree in Business Communication and Organizational Behavior, along with a background in law and finance. I was previously employed as a corporate paralegal supporting startup companies and large technology firms. I eventually moved into a leadership role at a large firm, managing a team of approximately 100. After a brief stint at an investment bank, I returned to law firm life, where I now manage a team developing legal tech software to make legal services more efficient and, hopefully, less expensive. In my professional life, I’vemanaged people and budgets, and I have experience making tough decisions when necessary. In my opinion, all of these responsibilities can be fulfilled with empathy, care, and creativity.

Personally, I am passionate about community organizing. I am the founder of the Benicia LGBTQIA Network and an avid animal rescuer. My wife and I moved to Benicia in early 2021 and instantly fell in love with this community; we knew it was home for us. I’ve always been politically and socially active, volunteering for multiple local, state, and federal campaigns over the years, including working on the legal Election Protection Team for two presidential elections to ensure voters had access to the polls across the country. I believe in the democratic process, and that’s just one of the reasons I’m running for Benicia City Council. I’d like to answer some of the questions I’ve encountered on the campaign trail in Benicia.


WHERE DO I STAND ON THE ISSUES?

I am in favor of Measures F, G, and H.

Measure F

I know our community is experiencing tax fatigue, and the city is asking us to contribute more. I understand; I really don’t want to pay more taxes either. However, with Measure F, we can contribute a small amount when dining out or purchasing items, which will help address some of our road issues. For an $80 dinner at Baxter’s, one of my favorite Benicia restaurants, the tax I will pay on that meal will increase from $7.30 to $7.70. I am comfortable paying the additional $0.40 to help the city start making a dent in the backlog of roads that badly need repair and repaving. I also appreciate that there will be a community oversight committee to ensure that this money is used as intended by voters. Additionally, even if Measure F passes, our tax rate will still be lower than many of our neighboring communities.

Measures G and H:

There is a lot of misinformation floating around about these measures, leading to confusion. I’ve met homeowners who thought that voting in favor of these measures would result in immediate reassessments of their homes. To be clear, that is not accurate. First, Measure H cannot be implemented without Measure G. A General Law City, which is what Benicia currently is, cannot implement a city transfer tax. If Measure H is approved, together with Measure G, it means real property sales will be assessed a city transfer tax, and while I understand the frustration with being asked to contribute more, this measure will enable the city to plan for the future. I’ve heard questions like, “Why didn’t the city anticipate this?” or “Why didn’t the previous council do something to ensure we could collect on X, Y, or Z?” This measure provides the city with that opportunity. It means when new developments occur, the city will receive a transfer tax, ensuring that new residents contribute to our beautiful community to fund city needs, such as necessary infrastructure, police, and fire. Additionally, if any commercial properties—yes, including Valero—ever sell, the city will receive funding from those sales. We want to avoid a situation where, in 2, 5, or 10 years, sales occur from new housing developments or a large commercial property, and the city has not planned for it.

What about budget cuts?

One thing is certain: we cannot cut our way to a balanced budget. This community has made its priorities clear, and public safety is a top concern. This means maintaining staffing levels for police and fire. To achieve this, we must compensate our public safety staff at a level consistent with neighboring communities. In my conversation with the Police Chief, he indicated that we have already lost five police officers in 2024 alone. While there will be opportunities to reduce staff in certain departments in the coming years, that alone will not bridge the budget gap.

We also cannot cut consultant fees as a way to balance the budget. Consultants provide efficient and cost-effective services without the long-term obligations that permanent employees require. Hired city staff require benefits and pension contributions. Consultants can be brought in when needed without those long-term commitments. Moreover, many items on the consultant list are supported by this community, such as automated license plate readers and the goats for vegetation management, among others. We could eliminate all of those and save quite a bit of money, but then would we hire full-time shepherds and purchase a herd of goats to cancel that contract, or do away with the Automated License Plate Readers that assist our Police Department, or even hire a team of full-time city attorneys with the appropriate specialties to replace our contracted City Attorney, which would also come with benefits and pensions? Additionally, some of the consultants the city has engaged over the past two years have helped ensure compliance with state housing requirements. The city does not maintain full-time staff to manage all of its needs, as doing so would inflate the budget far beyond the consultant fees we currently pay.

Relying on the termination of consultant contracts to find money to balance the budget or fix our roads is short-sighted and unrealistic.

Our Budget/Long-Term Economic Goals

These tax measures are not a magic solution; they are merely a starting point. We must continue to make significant plans, regardless of whether these measures pass. We need to focus on attracting new commercial opportunities, which means city leaders must identify ways to leverage relationships and encourage businesses to consider Benicia. This may involve collaborating with commercial property owners to assist in identifying potential businesses for vacant properties, particularly those that would generate sales tax revenue. Warehouses do not typically generate revenue for the city. My focus would initially be on our industrial park. While Main Street is the crown jewel of Benicia, it accounts for only about 7% of our total sales tax revenue. We should continue to support all our Main Street businesses, but initially, we should prioritize new commercial opportunities in the industrial park. This won’t be easy, but it can be achieved if we work together—city leaders, city staff, the Benicia Industrial Park Association, and the community at large. The time for the City Council to act is now. We must focus on what’s next for Benicia to diversify our revenue streams, which is essential for our city’s long-term financial health, and we must engage every voice to do what’s right for Benicia.

The Industrial Safety Ordinance

I believe we need a strong Industrial Safety Ordinance (ISO). We are the only refinery city in the Bay Area without one. City leaders would be doing a disservice to the community if they did not ensure Benicia’s long-term environmental safety in all industrial settings. I have read the draft ISO, the community comments, Valero’s comments, as well as Solano County’s comments. I hope the ISO can be implemented without litigation and that all interested parties can agree to prioritize the environment and public safety.

Other Issues

While these issues don’t necessarily touch the city directly, I think it’s important for you, the Benicia voter, to know where I stand:

  • I am pro-choice. Since I turned 18, I have actively advocated for and defended a woman’s right to control her own body and decisions.
  • I support marriage equality. I campaigned and canvassed with Equality California to overturn Prop 8 and am emphatically voting for Proposition 3, which will finally repeal Prop 8 language from the California constitution.
  • I advocate for a living wage and will be voting “yes” on the state minimum wage proposition.
  • While this isn’t necessarily a city, county, or state issue, as mentioned, I am an avid animal rescuer, and if you have a dog, I’m more than likely going to greet your dog first.

In Closing

Mayor Steve Young, Vice Mayor Terry Scott, and Council Member Kari Birdseye have provided invaluable information and support throughout this process, and I’m a better candidate for it. I am truly grateful for all of the current and former leaders of this city, as well as long-time Benicians, who have been willing to invite me into their homes and lives, talk to me, and share information.

If you watched the Benicia Chamber of Commerce candidate forum or attended any of my campaign events, you’ll know I don’t take myself too seriously. I smile a lot and genuinely find joy in my work, my life, and this campaign process. You might wonder if I have the chops to do this job if I’m cracking jokes. I assure you, I do. I am a leader in my industry and my community, and when it’s time to get down to business, I do so with ease—but always with a smile on my face.

I will champion Benicia and remain accessible to hear your concerns, even if we don’t agree. I hope you’ll take some time to get to know me, and I ask for your vote on November 5th or via your mail-in ballot.

Christina Gilpin-Hayes
christinaforbenicia.com
info@christinaforbenicia.com


The Benicia Independent and its Founder/Editor Emeritus, Roger Straw, have also wholeheartedly endorsed Christina Gilpin-Hayes for Benicia City Council. Her genuine passion for our amazing community, combined with her ability to connect with residents and listen to their concerns, truly sets her apart as the best candidate in this field. Christina is the right leader for Benicia.

This ad was first published in the Benicia Herald on October 19, 2024. The Herald does not have an online edition. Supporting local journalism is crucial for ensuring communities are informed and facilitates transparency and accountability during important local events like this one. You can subscribe to the Herald by email at beniciacirculation@gmail.com or by phone at 707-745-6838.