Spokesman: $300K penalty resulted from ‘common practice’ of self-reporting

By Donna Beth Weilenman
Staff Reporter

Valero Energy Corporation has agreed to pay a $300,300 civil penalty that settles air quality violations at its Benicia refinery, Ralph Borrmann, public information officer for the Bay Area Air Quality Management District, said.

The penalty resolves 33 notices of violations issued between 2011 and 2012, Borrmann said. “None of the violations posed a significant threat to public health,” he said.

He said 12 of the violations involve omissions from a database of valves and connectors that Valero uses to comply with BAAQMD’s component inspection requirements. “Valero uncovered the problem and has worked to remedy the issue,” he said.

Another six violations involved late flare gas samples Valero took manually after automated samples were deemed unsuitable for analysis, he said.

The district requires those samples every three hours, he said.

The rest of the violations were related to short-term emission excesses measured by monitoring equipment, or leaks from pressure vacuum valves on tanks, he said.

“Many violations against refineries are self-reported by the facilities,” Borrmann said. “Violators are generally required to respond to the notice within 10 days, and submit a description of the actions they will take to correct the problem.”

“These settlement fees are related to compliance issues that Valero self-reported to the District in 2011 and 2012 and subsequently resolved,” Sue Fisher Jones, public affairs manager in community relations and government affairs, said Wednesday. Settling in a lump sum “is simply the process.”

Aaron Richardson, BAAQMD senior public information officer, agreed. “For purposes of administrative efficiency, it’s common practice to settle violations from large facilities in batches,” he said Wednesday.

He said state law requires an examination of past incidents and their mitigation prior to assessment of any new penalties, “so there is some legal negotiating that goes on prior to settlement.”

Federal regulations require large plants, such as refineries, to report any violation, he said, though emission monitoring required of those plants helps the district catch any unreported violation.

“Like other refineries, Valero deals with a complex regulatory environment,” he said. “Our refinery regulations are the most stringent in the country, and they will experience some violations every year. They do their best to avoid these, since it’s in their best interest,” he said.

District Executive Officer Jack Broadbent said the penalty “serves as a reminder to the industry to be more vigilant in daily maintenance and operations.” Borrmann said fines underwrite Air District inspections and enforcement.

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