Q & A: Valero fined another $3.25 million for 118 air quality violations at Benicia refinery

Air District will require Valero to expand fenceline monitoring program after “significant incidents” that polluted surrounded community, including a gasoil release in Dec. 2021

Valero Refining Company has agreed to pay an additional $3,250,000 penalty for air quality violations related to its now-idled Benicia refinery in a new settlement with the Bay Area Air District announced Tuesday.  

The settlement resolves 118 notices issued by the air pollution regulator for violations that occurred between 2019 and 2023, according to Kristine Roselius, a spokesperson for the Air District. In addition to the penalty, Valero will be required to expand its fenceline air quality monitoring program, and provide public access to and reporting of the monitoring data. 

The pollution emitted during that period includes particulate matter, butane and sulfur-related pollutants, Roselius told The Benicia Bridge. 

“This penalty holds Valero accountable for air quality violations and makes clear that noncompliance has consequences,” said Dr. Philip Fine, executive officer of the Air District, in a statement. “In addition to the financial penalty, this action strengthens air monitoring and public access to essential data so the Benicia community can see what is happening at the refinery through the idling of operations. Strong enforcement and transparency are essential to protecting public health and ensuring lasting accountability.”

Prolonged exposure to elevated levels of fine particulate matter has been linked to asthma, lung cancer, and dementia.

Valero entered into the settlement agreement to avoid the cost of litigation and does not admit or agree to the allegations, according to the settlement signed April 27.  

This settlement is in addition to the record-breaking $82 million penalty announced in 2024, resulting from a 2019 inspection that found unreported, toxic emissions dating back over a decade. 

Penalty funds collected through these enforcement actions and settlements are allocated through the Air District’s Community Benefits Policy. 

Not mentioned in the press release: Valero has been issued another 123 notices of violations since Jan. 1 2024 that are not covered in the new settlement. Valero was accused as recently as April 23 of violating air quality rules related to its wastewater collection system, public records show.  

Here’s what Roselius told The Benicia Bridge about the new settlement between the Air District and Valero. 

Q: What were the 118 violations in relation to? 

• Releases associated with:
  • boiler operations 
  • sulfur recovery unit disruptions 
  • valve leaks
  • a butane release  
• Other equipment issues that resulted in excess emissions 
• Particulate matter exceedances 

Q: Are any violations related to problems with the fenceline monitoring program?  

Yes. One of the notices of violation resolved is for failing to obtain and maintain an approvable fenceline air monitoring plan, as required … as well as for failing to address deficiencies identified by the Air District in the submitted plan. 

Q: What changes does the settlement include to the fenceline monitoring program?  

• An approvable fenceline air monitoring plan, which includes a Quality Assurance Project Plan, and Standard Operating Procedures 
• Requirements for the installation and operation of additional point hydrogen sulfide monitors at or near the facility fenceline 
• Defined timelines for equipment selection, installation, and Air District approval of a revised fenceline air monitoring plan to reflect the additional equipment

 Additional public transparency measures, including: 

• Near‑real‑time public access to fenceline air monitoring data 
• Public posting of quarterly summary reports interpreting monitoring results 
• Long‑term public access to historical fenceline air monitoring data 
• Stipulated penalties for failure to meet fenceline air monitoring‑related obligations

Correction: This story was updated April 29. A previous version contained an incorrect number of notices of violations issued to Valero since Jan. 1, 2024.