We need to make our voices heard! It looks like we can no longer count on next spring’s scheduled vote by the Board of Directors of the Bay Area Air Quality Management District (BAAQMD) on our proposal to set strict limits on pollution from oil refineries—greenhouse gases, toxic gases (NOx and SOx), and dangerous particulate matter. This proposed regulation would stop oil refineries from increasing the amount of pollution they emit, and it will be in trouble unless we turn things around.
Emission caps are crucial not only for protecting our health and safety and the planet, but for preventing the Bay Area from becoming a major outlet for tar sands crude oil. Refining tar sands crude produces much higher levels of both health-harming air pollution and greenhouse gases. With a cap on refinery emissions in place, a tsunami of tar sands into Bay Area refineries could be effectively prevented.
But without intensive public pressure, staff will continue its delay-divert-obstruct-and-kill mode. What should be a public, transparent and democratic process is increasingly being carried out in secret sessions. In these closed meetings, Air District staff continues to argue that the emissions caps are not legal. And it has abandoned its original commitment to a community-based forum in Richmond, where frontline community members were to have weighed in on inclusion of an emissions cap in Rule 12-16. (By contrast, the staff will hold six widely publicized community forums on its alternative Rule 11-18 for reducing health risks from pollutants.) Instead of the promised forum on Rule 12-16, staff is offering two “scoping” meetings for comments on the technical scope of the Environmental Impact Report.
It is critical that we show up for the November 16 Board of Directors meeting. We must demand that our elected representatives on the Board prevent further staff obstructions.
- Separate the emissions cap from the Rule 11-18 development and hold a separate and independent vote.
- Reject “secret sessions.” We need an open, transparent and democratic process for developing and voting on the emissions cap rule.
We strongly encourage all public health professionals and all other concerned citizens to attend this hearing. We misjudged the need for turnout at October’s Board meeting: the Western States Petroleum Association (WSPA) turned out over 20 professional refinery staff, and we had only two speakers. The Board pays close attention to public comments, and our strong presence at meetings keeps them on track.
KEY UPCOMING DATES:
- Dec 2, 5 p.m. – Deadline for comments on NOP and initial study (see Notice of Preparation)
- Dec 21, 9:45 a.m. – Final BAAQMD Board of Directors meeting for 2016.
For individuals and organizations desiring to make detailed comments on the rule-making process, please note the December 2nd deadline.
ONGOING CITY COUNCIL RESOLUTIONS SUPPORT WORK
To ensure that the Board doesn’t fall further behind—and votes YES on the proposal next May—we are mobilizing a grassroots campaign in the entire nine-county Bay Area to encourage city councils to pass resolutions supporting caps on refinery emissions.
Thus far the city councils of Belmont, Berkeley, El Cerrito, Emeryville, Oakland, Richmond, San Pablo, San Rafael and San Francisco have endorsed our call for rapid completion of rules for emission caps! This is citizen democracy at its most basic: community residents stepping up to demand their elected representatives act to protect their health and safety. It will take a majority of the 24-member Board of Directors of BAAQMD to vote and pass the regulation limiting refinery emissions.
Gathering support resolutions from city councils and other elected bodies in their districts is the best way to make sure that Air District Board members do their job and protect our communities. Dozens of elected bodies remain to be contacted. We need members of all communities to bring this resolution to their local elected bodies. Join us at our bi-monthly meetings! Contact: sunflowerjsj at gmail.com .
WHEN:
First and third Thursdays of every month, 11 a.m. – 12 p.m.
WHERE:
Bobby Bowens Progressive Center
2540 Macdonald Ave., Richmond
For more information about the Community-Worker Proposal, the draft resolution, and a support letter from United Steel Workers Local 5 (which represents 80% of Bay Area refinery workers), check out these documents:
Model BAAQMD resolution Aug 2016
Cover Letter
Full Community-Worker Proposal
USW Local 5 Support Letter
THE STORY BEHIND THIS CAMPAIGN
Four years. Endless meetings. Hundreds, if not thousands of public comments. And finally last June, overcoming opposition by BAAQMD staff, the Board of Directors unanimously voted to set a date, May 2017, to vote on the Community-Worker proposal to cap refinery emissions at their current level.
But there was a catch. The caps proposal was paired with a staff proposal for a massive program to reduce emissions at all industrial facilities. That’s a worthy goal, but the process could take up to ten years. Unless refinery emissions are capped at their current level, air pollution could rise disastrously while that lengthy process goes on.
The staff proposal was another effort by the BAAQMD bureaucracy to delay and divert attention from our caps proposal. The staff counter-proposed a plan to do a Health Risk Assessment (HRA) on all industrial sources of pollution. This means doing a detailed analysis of the potential health impacts of various amounts of each chemical in the pollution emitted by every industrial facility in the Bay Area.
The positive aspect of the staff proposal is that it would set a stricter standard for protecting health. A Health Risk Assessment (HRA) calculates how many deaths per million would be caused by exposure to different amounts of each chemical. The current standard is that exposure should not cause more than 100 deaths per million people. The new rules would bring this down, first to 25 deaths per million and then to 10 deaths per million—among the strictest levels in the nation. Industrial facilities would be required to install “Best Available Retrofit Control Technology” to bring their emissions down to these levels.
However, the entire process—doing an extensive HRA, determining and agreeing on needed retrofits, installing them, demonstrating their efficacy, remediating retrofits that don’t achieve necessary goals—could easily take five to ten years or even longer. Moreover, this process must be done on a case-by-case basis for thousands of individual industrial pollution sources. Without a cap in place, refinery emissions will inevitably increase during these extended studies.
BAAQMD Staff continues to oppose the refinery emissions cap, supporting the fossil-fuel industry’s false claims that:
- The cap is not legal because BAAQMD must allow refineries to offset increased emissions with emission credits from anywhere in the nine-county air district.
- The cap is not legal because BAAQMD cannot single out refineries for emissions controls.
- The cap will result in gasoline shortages and higher gasoline prices.
The board set a specific schedule for the work on the two proposals:
- A Notice of preparation (NOP) of the Environmental Impact Report (EIR) and draft regulation would be released by August 19 and October 15, 2016 respectively, with public workshops and comments completed by December.
Release of the NOP for the EIR is already two three months late!
- Draft EIR, socioeconomic analysis, staff report and final regulatory language for both proposals would be released by March 3, 2017.
- Required public meetings and comment periods would be completed by April 19, 2017.
- Board of Directors would vote by May 17, 2017.
The Board has committed to monitor progress. It agreed to separate the two rules, as we have been demanding all along, if combining the two regulations were to delay adoption of the emissions cap.
(Note: The significance of the August 19, 2016 date is that regardless of the final completion date, this sets the reference point used to calculate the current refinery emissions baseline.)
In addition to delaying tactics from its own staff, the Air District Board faces strong opposition from the Western States Petroleum Association and other oil industry groups. Without intensive public pressure, the Board could give in to pressure from Big Oil for more delay, and reject this critical proposal when it comes up for a vote.
This is why a coalition of organizations—including the Sierra Club, Communities for a Better Environment, Sunflower Alliance, 350 Bay Area, Asian Pacific Environmental Network, Richmond Progressive Alliance, and others—have launched this major grassroots campaign to let the Bay Area Air Quality Management District know: The people of the Bay Area demand caps on pollution from oil refineries!
61910