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CC Health Dep’t asks DA for legal action against Martinez Refining Company for hazardous materials release 

January 6, 2023 By Publisher 1 Comment

Source: Martinez Refining Company

Released more than 20 tons of metal-laden dust on Thanksgiving, CC Health not notified, no public warning issued

On Wednesday, Jan. 4, 2022, Contra Costa Health (CCH) formally requested that the District Attorney consider taking legal action against the Martinez Refining Company (MRC) for not notifying the County after the refinery released more than 20 tons of metal-laden dust into the community over the Thanksgiving holiday.

The accidental release of “spent catalyst” from the refinery during multiple flarings, began around 9:30 p.m. on Nov. 24 (Thanksgiving Day) and continued into the early hours of Nov. 25, showering the surrounding community in the dust-like substance. Samples of the dust taken later showed it had elevated levels of aluminum and other metals, which could have potentially caused respiratory symptoms in people who breathed it. Prolonged exposure to these metals can lead to health concerns.

MRC did not report the release via the county’s Community Warning System or directly to CCH, as required by the county’s notification policy. CCH learned about the release from media accounts two days after it began. Had MRC followed the notification policy, the Community Warning System would have been activated to notify the community about the hazard at the time of the accident.

“It is unacceptable that the refinery did not notify County Health Services of their chemical release and that the County learned about it through the media,” said John Gioia, Chair of the Contra Costa County Board of Supervisors. “By failing to notify the County in a timely manner, the refinery delayed an emergency response that could have reduced harm to the surrounding community.”

“We rely on our industrial businesses to follow the rules and be good neighbors – and most of the time, they are. But when an industrial facility doesn’t follow the rules and possibly puts its neighbors in harm’s way, as in this case, then they must be held accountable,” said Supervisor Federal Glover, whose district includes the Martinez refinery.

The District Attorney’s Office has approximately 30 days to decide whether to accept the enforcement case referral from CCH.

In a separate but related move, CCH is also recommending an independent investigation and risk assessment be done of the accidental release of spent catalyst from the refinery. The Contra Costa Industrial Safety Ordinance (ISO) Ad Hoc Committee, which is appointed by the County Board of Supervisors, will consider that recommendation at its Jan. 12 meeting at 1 p.m., which is open to the public.

A Nov. 30th post on MRC’s Facebook page reads, “On November 30, 2022, Contra Costa County Health Services held a news briefing regarding the Martinez Refining Company spent catalyst release that occurred overnight last Thursday, November 24th. You can watch a video of the County’s briefing https://www.youtube.com/watch?v=9PovDvIq7IQ

This incident is still under internal and external investigations, and we appreciate the cooperation and responses of the Contra Costa County Health Services and Bay Area Air Quality Management District. MRC will continue working with the agencies on this matter. Again, we apologize for the inconvenience this incident has posed to our neighbors and community.”

In that video, Contra Costa Health Officer Dr. Ori Tzveli said, “Contra Costa Health does not believe that there is an immediate risk to the community from this event. Breathing the air containing this material could have caused temporary respiratory symptoms…during the incident. Anyone who experienced those or are continuing to experience those should contact their healthcare provider. Exposure during a single event like this would be unlikely to cause any major health problems.”

“We will be working with the facility to make sure exposures like this don’t happen again,” he added.

MRC is owned by New Jersey-based PBF Energy. According to the parent company’s website, it “is one of the largest independent petroleum refiners and suppliers of unbranded transportation fuels, heating oil, petrochemical feedstocks, lubricants and other petroleum products in the United States.”

Asked for comment about CCH’s request, MRC’s Community Relations Advisor, David Schoenthal responded, “While this incident is still under internal and external investigation, MRC will continue cooperating with all agencies.”

Allen D. Payton contributed to this report.

Filed Under: District Attorney, History, Industry, News

Pittsburg-based steel company fined $4 million for hazardous materials, toxic waste violations

August 17, 2021 By Publisher Leave a Comment

By Scott Alonso, Contra Costa District Attorney’s Office and Kim McCarl, Contra Costa Health Services

The Contra Costa County District Attorney’s Office announces today a $4 million civil settlement with USS-UPI, Inc. to resolve allegations that USS-UPI violated multiple state environmental laws and regulations dating back 4 years. This case involved numerous violations related to the maintenance, storage, and disposal of hazardous materials and toxic waste. This case resolved by way of a stipulated final judgment entered in Contra Costa County Superior Court and requires a monetary payment of $4 million from USS-UPI, which is comprised of $1.75 million in civil penalties, $1 million dollars in environmental compliance expenditures, $250,000 for supplemental projects promoting training for California environmental agencies and funding to support the “Health Career Pathways Programs.” UPI-USS must also abide by an injunction and be subject to a suspended penalty of $1 million dollars to ensure future statutory compliance as well as pay $429,383.85 for reimbursement of investigative and enforcement costs.

“It is of vital importance to hold our companies responsible for the unlawful maintenance, storage and disposal of hazardous materials and waste,” said District Attorney Diana Becton. “USS-UPI was cooperative throughout our investigation and this settlement was only reached after verification that USS-UPI had corrected the violations and created and implemented an environmental compliance framework.”

The investigation began with Contra Costa Health Services Hazardous Materials Programs inspectors auditing operations at the USS-UPI, Inc. steel plant facility at 900 Loveridge Road in Pittsburg, California. Inspectors with Contra Costa Health Services acted under their authority as the Certified Unified Program Agency (CUPA) for Contra Costa County.

“Any business in our community not following the law must be held accountable. Fortunately, with this settlement, USS-UPI will need to adhere to strict oversight and penalties for these serious violations,” Contra Costa County Supervisor Federal Glover. Supervisor Glover represents District 5, which includes the location of this steel plant.

The Contra Costa Health Services investigation found numerous violations that threatened the environment and safety, such as:

  • Failure to maintain and operate the facility to minimize the possibility of fire explosions or unplanned release of hazardous waste
  • Failure to remove accumulated oil and failure to correct visible discharges of oil from equipment
  • Failure to submit a complete/correct Hazardous Materials Business Plan
  • Failure to train employees in safety procedures in the event of a release of a hazardous material
  • Failure to remove from service a tank system where there has been a leak
  • Failure to obtain the proper permits
  • Failure to maintain records of inspections and tests
  • Failure to operate numerous aboveground petroleum storage tanks in accordance with the facility’s Spill Prevention Control and Countermeasure Plan
  • Treatment or storage of a hazardous waste at an unauthorized location
  • Failure to complete a written hazardous waste tank system assessment by a professional engineer
  • Failure to use proper spill/overfill prevention controls and practices
  • Illegal disposal of a hazardous waste
  • Failure to provide employee hazardous waste training
  • Failure to determine if wastes generated are a hazardous waste
  • Failure to manage an Excluded Recyclable Material (ERM) waste stream in accordance with all applicable requirements

According to Matthew Kaufmann, Director of Hazardous Materials Programs for Contra Costa Health Services (CCHS), “From the evidence observed during the initial inspection in 2017, as well as subsequent follow-up inspections, we do not believe that there was or is an imminent threat to the public health of Contra Costa County residents.”

Hazardous materials and wastes that were improperly stored or disposed of at the facility included used oil, plating solutions, acidic and caustic solutions.

After USS-UPI, Inc. was notified about the alleged violations in 2017, the company took steps to cooperate and to dedicate additional resources towards environmental compliance.

“As part of its mission to care for and improve the health of all Contra Costa residents, with special attention to those most vulnerable to health problems, we take compliance with environmental laws and regulations very seriously,” CCHS Deputy Director Randy Sawyer said. “Community exposure to these chemicals, whether short term or long term, can and does have the potential to affect the health of residents of our county.”

The settlement was approved the Contra Costa Superior Court. Senior Deputy District Attorney Stacey Grassini prosecuted the case on behalf of the People.

Filed Under: Crime, East County, Industry, News

DeSaulnier unveils model for energy transition away from oil and gas

March 9, 2021 By Publisher Leave a Comment

Introduces three bills

Congressman Mark DeSaulnier (D, CA-11) announced, Monday, his effort to create a model that will help transition our economy away from petroleum products to cleaner, renewable energy while simultaneously supporting workers, communities, and state and local governments. The model will also create more investments in our transportation system, developing an inter-connected, world-class public transportation network and creating jobs. The coronavirus pandemic has expedited our transition away” from petroleum products which increases the urgency of a planned and serious effort to make sure we shape this transition in a way that works for everyone. DeSaulnier’s model will allow local communities to join with workers, industry, environmental leaders, mayors, and other local elected officials to proactively plan for the transition away from the petroleum industry and support worker transition and training.

As part of this effort, Congressman DeSaulnier announced three bills that will address this transition. The first bill, the Protecting Workers for a Clean Future Act, addresses the imminent market evolution to renewable, clean energy by providing direct support to local communities to convene industry, the local petroleum products workforce whose jobs are at risk, environmental justice advocates, and environmental groups to make a plan to transition workers to meaningful, sustainable work. The market is inevitably moving to cheaper, more sustainable energy sources, and refinery workers across America will fall victim to joblessness if we do not act now.

The second bill, the Jobs for a Carbon Free Transportation System Act, takes a unique approach to addressing the intersection of three of the biggest challenges our nation faces: climate change, outdated infrastructure, and job insecurity. The bill prioritizes and invests in state-of-the-art transportation system reforms that would improve mobility and reduce greenhouse gas emissions by developing low-carbon, efficient, inter-connected, and smart transportation corridors all while creating good paying union jobs. With the inevitable transition away from petroleum products these improvements would have, it also supports workers to transition out of the petroleum products industry and into meaningful, more secure work.

The third bill, the Clean Corridors Act, would launch a federal program that would accelerate the expansion of electric vehicle (EV) charging infrastructure to help reverse climate change and modernize our country’s infrastructure. Specifically, the Clean Corridors Act, which the congressman also introduced in the 116th Congress, would direct $3 billion over the coming decade to construct and install infrastructure to support technologies like hydrogen fuel cell and electric battery-powered vehicles. With this legislation, we can help sustain the growth of the EV market, which means more jobs, a healthier Earth, and a strong economy.

“We’re seeing firsthand in Contra Costa that refineries are idling…and local governments are losing their tax base because of the decrease in…(oil) consumption during the pandemic. Failing to address the market shift will inevitably create a snowball effect including dramatic job loss and decreased local and county revenues, which in turn create drastically underfunded schools. The time is now…to shift toward more sustainable sources of energy, but they cannot leave thousands of workers jobless in their wake,” said DeSaulnier. “At home in Contra Costa and around the country, we have the opportunity to set the stage for green jobs that are both worthy of workers’ skills and help our nation in the much-needed fight against climate change. This effort can help make Contra Costa a model for the rest of the nation.”

In developing this effort, the congressman has held dozens of meetings with stakeholders over the past two years, including with local mayors, county supervisors, the Contra Costa County administrator, other elected officials, environmental justice advocates, environmental representatives, labor leaders, university researchers, and other thought leaders on the energy transition.

“I am proud to support Rep. DeSaulnier’s transition model that will support workers while also incentivizing the move toward clean energy,” said Congressman Mike Thompson (D, CA-5), who represents Martinez. “These three bills are a critical step forward in using renewable energy right here in our community while also ensuring that workers have the opportunity for retraining and job opportunities in new industries. I am proud that our region can be an example in this important step toward tackling climate change and paving the way forward for green jobs.”

“We welcome Congressman DeSaulnier’s bold effort since our county is on the front lines of the transition to cleaner energy,” said Contra Costa County Supervisor John Gioia, who represents West County in District 1. “Given the plans of two Contra Costa refineries to end crude oil production and convert to the world’s largest renewable fuels plants, we need to ensure our workers and local economy are not left behind and that residents in communities which bear the burden of pollution benefit from the transition to clean energy.”

“We welcome leadership and assistance from the federal government as we develop plans to help workers, bolster our economy, and support communities that have historically been the most impacted,” said Contra Costa County Administrator Monica Nino.

“As we transition to clean fuels and high-tech energy, it is a matter of equity and economic justice that we support the growth of high-paying jobs and industries to replace those which are being phased out,” said California Assemblyman Tim Grayson. “The green economy presents us the opportunity to not only protect our planet, but to also empower workers, particularly those within historically-marginalized communities, by investing in their training and education.”

“The future of work in the green economy cannot be a race to the bottom in terms of labor standards and not having a voice at work,” said Contra Costa Labor Council Executive Director Josh Anijar. “Contra Costa’s labor movement is encouraged by Congressmember DeSaulnier and all those who are committed toward the future by building the bridge between the green economy and working families.”

“The clean energy economy can work for everyone, providing good paying jobs for a just transition, giving all of us more options,” said Ann Notthoff, retired Natural Resources Defense Council California Advocacy Director.

“The International Brotherhood of Boilermakers has a history of being at the forefront of innovation related to clean, reliable energy.” said International Vice President for the Western States Section of the International Brotherhood of Boilermakers Tom Baca. “To that end, we continue to advocate for carbon capture, use and storage and other carbon capture technology as a solution – all while preserving and creating jobs, economic growth, and social stability.”

“Contra Costa​ County’s refineries are well aware of the energy future and work every day to help meet it. Local refineries have invested billions to upgrade their facilities as California leads the nation with ambitious greenhouse gas reduction targets,” said President and CEO of the East Bay Leadership Council Kristin Connelly. “Without a doubt, the COVID-19 pandemic has dramatically impacted countless industries including the local energy sector. Protecting the thousands of high paying jobs created by these employers must be a top priority. The East Bay Leadership Council looks forward to working with Congressman DeSaulnier in facilitating industry’s engagement in this process.”

“Congressman DeSaulnier has clearly thought about the American workers and communities that will be impacted by this transition, and he is seeking solutions to ensure those workers and communities are supported as we move into a low-carbon future,” said Citizens’ Climate Lobby Executive Director Mark Reynolds.

Rep. DeSaulnier is a member of the U.S. House of Representatives Education and Labor Committee, Transportation & Infrastructure Committee, and Oversight and Reform Committee. He previously served as the Chair of the State Senate Transportation and Housing Committee and in the State Assembly as the first freshman in history to chair the Assembly Transportation Committee. He is also a former Concord City Councilmember, Mayor, County Supervisor, and member of the California Air Resources Board.

Filed Under: Business, Industry, Legislation, News

Corteva Agriscience, formerly Dow Chemical, providing community grants, Oct. 18 deadline to apply

September 18, 2019 By Publisher Leave a Comment

PITTSBURG, CA — Nonprofit organizations, municipal or government agencies or school districts in East Contra County are invited to apply for community grants of up to $5,000 in the areas of education and environmental sustainability and workforce development programs for local students through Corteva Agriscience – Pittsburg Operations. Deadline for submittal of applications is Oct. 18, 2019.

The Corteva Community Grants are reviewed and approved by the site’s Community Advisory Panel (CAP), members of the East Contra Costa community who serve as liaisons between the community and Corteva (formerly Dow), and learn about the site’s operations, support shared goals and voice any concerns on behalf of the community.

“Corteva Agriscience values the opportunity to provide charitable giving to communities where the company has a presence,” said Jose Carrascal, Corteva Agriscience Site Director. “This site has been involved with the community for many, many years, and our CAP members help us to be better neighbors and we look forward to continuing that tradition. We know the CAP strives to select sustainable projects that result in positive and definitive outcomes within the neighboring communities. We support this endeavor wholeheartedly.”

Applicants must be certified 501(c)(3) non-profit organizations, schools, municipalities and county entities located in or which provides services in Pittsburg, Bay Point and Antioch. Ineligible organizations, per Corteva’s contribution guidelines, include funding for individuals, political organizations, religious organizations, and grants cannot be used to underwrite salaries, stipends, travel, fundraisers, meals, utilities.

To obtain a grant application, go to the following link: Application, Guidelines, and FAQ’s

About Corteva Agriscience

Corteva Agriscience is a publicly traded, global pure-play agriculture company that provides farmers around the world with the most complete portfolio in the industry – including a balanced and diverse mix of seed, crop protection and digital solutions focused on maximizing productivity to enhance yield and profitability. With some of the most recognized brands in agriculture and an industry-leading product and technology pipeline well positioned to drive growth, the company is committed to working with stakeholders throughout the food system as it fulfills its promise to enrich the lives of those who produce and those who consume, ensuring progress for generations to come. Corteva Agriscience became an independent public company on June 1, 2019, and was previously the Agriculture Division of DowDuPont. More information can be found at www.corteva.com.

Follow Corteva Agriscience on Facebook, Instagram, LinkedIn, Twitter and YouTube.

Filed Under: Community, East County, Industry, News

Rep. DeSaulnier, Supervisors spotlight Refinery Safety Ordinance’s 20th anniversary

February 14, 2019 By Publisher Leave a Comment

Andeavor’s Martinez Refinery. Photo courtesy of Andeavor.com

Nine Appointed to 2020 Census Complete Count Steering Committee

By Daniel Borsuk

Since passage of Contra Costa’s Industrial Safety Ordinance (ISO) in December 1998, the landmark law hammered out between the refinery industry and local government has played a major role in driving down the number of deadly chemical incidents in the county.

On Tuesday, the Contra Costa County Board of Supervisors heard Congressman Mark DeSaulnier (D-CA), representative Shanelle Scales-Preston read a letter from the congressman about the importance of ISO’s enactment:

“The creation of the Industrial Safety Ordinance was one of the most impactful proposals I have been involved in throughout my 35 years in public service. As a member of the Board of Supervisors at the time of the Tosco explosion in 1997, we reacted immediately to put an end to corporate profits coming at the expense of safety.  We partnered with labor, industry, environmental groups, and safety experts to draft the Industrial Safety Ordinance.

“The results speak for themselves. The severity of major chemical accidents or releases in Contra Costa County has declined since its implementation.  During the 1990’s, on average there was a major incident every year that caused a fatality, serious injury, or major damage.  Since the ISO took effect in 1999, there have been a total of two major incidents in covered jurisdictions over a nearly 20-year period.  The county continues to proactively seek enhancements, and it continues to serve as a guidepost for safety.”

District 4 Supervisor Karen Mitchoff, who was an intern in 1998, recalled negotiations were not by any means diplomatic between industry and government representatives.  “Those were headbutting meetings,” she said. “Those meetings were not smoothly conducted.”

Since the enactment of ISO in 1999, the number of major chemical accidents has fallen from a high of 10 Major Chemical Accidents or Releases (MCARs) in 2001 to 1 incident each in 2017 and 2018. No MCARs were reported in 2008, 2009, 2011, 2013, 2014, and 2016.

District 3 Supervisor Diane Burgis of Brentwood, who knows about the petroleum industry’s safety measures because she has a son who works in industry, commented, “I’m proud of Contra Costa County’s contributions to refinery safety.”

In a related consent action, supervisors approved a $700,000 contract with the consultant firm Baker and O’Brien, Inc. to provide refining industry analyses in connection with refinery property tax appeals for the period from Jan. 1, 2019 through Dec. 31, 2019.  These appeals typically place several billion dollars of valuation in issue, said county counsel Sharon Anderson.  “Assistance is required because valuations are highly technical, requiring specialized knowledge that only industry experts have,” said Anderson.

Supervisors Support Creation of Statewide Commission on Recycling Markets

On a consent action, supervisors called on Gov. Gavin Newsom to create a statewide commission on recycling markets citing the severity of environmental impacts triggered by China’s National Sword, that nation’s strict mixed paper and plastic contamination policy.

Upon noting that China has recently enacted strict mixed paper and plastic contamination limits and import bans, that are commonly called “National Sword,” China has declared its intent to ban all recyclable materials by 2020.

The board’s resolution states:

“Whereas, local governments across California will soon have to comply with additional state regulations for organic waste diversion and processing, SB 1383 (Chapters 395, 2016) establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025.  Infrastructure required to implement these regulations is expected to cost billions of dollars; and

“Whereas, these increased diversion requirements added to recent changes to international policies and a declining global market value for recyclables, has resulted in an issue of statewide concern for the resource recovery industry, local governments, and Californians;

“NOW, THEREFORE, BE IT RESOLVED that the Count of Contra Costa calls for the Governor to establish a statewide Commission to address these significant challenges to our recycling markets.”

Nine Appointed to 2020 Census Complete Count Steering Committee

Supervisors appointed as a consent action nine persons to serve At-Large seats on the 2020 Census County Complete Count Steering Committee, a committee designed to set goals and objectives to identify community areas or a population group that might be difficult to count.

Appointed to the committee are Fran Biderman of Kensington, Alvaro Fuentes of Richmond, Samuel Houston of Concord, Melody Howe Weintraub of Lafayette, Terry Koehne of San Ramon, Mark Orcutt of Walnut Creek, Andres Orozco of Brentwood and Ali Saidi of Pinole.

District 3 Supervisors Diane Burgis of Brentwood chairs the committee.

Formation of the 2020 Census Complete county Steering Committee will aid the county is securing up to $362,605 in state aid to support the Complete Count campaign.

Victim/Witness Program Post Approved

District Attorney Diana Becton won supervisors’ consent approval to hire a full-time Victim/Witness Assistance Program Specialist in the Human Trafficking unit.  The position will be responsible for advocacy and direct services for victims of human trafficking.  The position’s salary will be $3,992 to $4,853 per month.

Approve $149,869 Payment to Bay Area Stormwater Management Agencies Association

Supervisors also approved the payment of $149,869 to the Bay Area Stormwater Management Agencies Association (BASMAA) for services provided to the Contra Costa Clean Water Program during the period July 1, 2017 to June 30, 2018.  Program funding is provided by the county and 19 cities and towns within Contra Costa County.  Contra Costa County’s share is about $22,500.

Filed Under: Government, Industry, News, Supervisors

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