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Valero Benicia Refinery.

BENICIA, California. – The Bay Area Air Quality Management District and the California Air Resources Board on Thursday announced a nearly $82 million fine as part of a legal settlement against Valero Refining Co. in Benicia in hopes of addressing significant violations of air pollution.

This fine is the largest ever imposed in the history of the Air District, officials said.

More than $64 million of these funds will be returned to the local community to fund projects aimed at reducing exposure to air pollution, mitigating the impacts of air pollution and improving public health in the areas surrounding the refinery, officials said. of the air district in a news release.

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 fine will be used to fund clean air projects in “overburdened communities” throughout the Bay Area, as well as to offset the costs of investigating and prosecuting the case.

“Today’s historic sanction 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 who live in refinery communities,” the director said in a statement. Bay Area Air Quality Management District Executive Philip Fine. . “Investing these funds back into the community will allow local residents to drive air quality projects that benefit surrounding neighborhoods, furthering our mission of cleaner air for everyone.”

valero has section of your website dedicated to this agreement.

“Valero is committed to environmental compliance and has worked closely with the district to make progress in reducing emissions containing trace organic compounds from the hydrogen vent long before this agreement was reached,” the company stated. “This agreement demonstrates our commitment to remaining one of the lowest-emitting refineries in California while underscoring Valero’s unwavering commitment to safe and environmentally responsible operations.”

The mayor of Benicia was pleased with the news.

“This penalty sends a strong message: Compliance with air quality standards is necessary and expected, and failure to do so can result in significant fines,” Benicia Mayor Steve Young and a member of the board said in a statement. Air District Board of Directors. “Benicia residents need to know that air quality violations are taken seriously.”

The fine stems from a 2019 inspection that found unreported emissions from the facility’s hydrogen system that contained harmful organic compounds in violation of Air District regulations.

These organic compounds contributed to the Bay Area’s regional smog and particle pollution problems, officials said, and contained benzene, toluene, ethylbenzene and xylene compounds, or BTEX, which cause cancer, reproductive harm and other toxic effects for health.

Air District inspectors said they found that refinery management knew since at least 2003 that emissions from the hydrogen system contained these harmful and toxic air pollutants, but failed to report them or take any steps to prevent them.

The refinery emitted approximately 8,400 tons of these organic compounds in total during this period in violation of Air District regulations: an average of more than 2.7 tons for each day a violation occurred, more than 360 times the legal limit, officials said.

Subsequent investigations uncovered a number of other issues related to the hydrogen system, including emissions that violate applicable limits, failure to install required emissions reduction equipment, failure to inspect equipment for leaks, and failure to report required information, among others. violations.

In response, Valero stated on its website that the company attempted to comply with federal regulations associated with the hydrogen system; however, the district “has much stricter regulations.”

​In 2022, Valero said the district’s own Health Risk Assessment model indicated that the possibility of exposure to these emissions at levels that could potentially cause short-term effects could have occurred only two hours out of 43,710 hours, or the 0.005% of the time. The HRA also found that the risk of developing adverse health conditions from long-term exposures is negligible, below the recognized risk threshold, Valero said.

​Robust, state-of-the-art air monitoring systems, with data easily accessible to the community, also show that the Benicia refinery has consistently had very low ambient benzene concentrations at the fence line compared to other refineries in U.S., with results well below the EPA action level of 9 ug/m3 or 2.8 parts per billion, the company emphasized.

In addition to the sanction, Valero must adopt several measures to avoid future violations.

Valero will be required to reconfigure the facility’s main hydrogen vent and vents at its hydrogen production plants to prevent emissions from being released directly into the atmosphere, officials said. Valero will also be required to implement a training program to ensure its personnel are fully aware of all relevant Air District regulations.

This penalty is the third major fine the Air District has imposed on Bay Area refineries this year.

In February, the Air District announced a $20 million fine against the Chevron refinery in Richmond, and earlier this month the Air District announced a $5 million fine against the Marathon refinery in Martinez.

“These significant sanctions should put refineries and other industrial operations on notice,” Alexander Crockett, general counsel for the air district, said in a statement. “If you violate our regulations and pollute our air, we will hold you accountable to the fullest extent of the law.”

CARB is charged with protecting the public from the harmful effects of air pollution and developing programs and actions to combat climate change. From requirements for clean cars and fuels to adopting innovative solutions to reduce greenhouse gas emissions, California has pioneered a variety 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 Bay Area counties.