The U.S. Environmental Protection Agency (EPA) announced a settlement with Ultramar Inc., doing business as Valero Wilmington Refinery, over chemical safety violations under both the Clean Air Act (CAA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).
The company fixed the identified safety issues and will pay $270,437 in penalties.
"I had hoped that Valero would invest in upgrades to their California facilities and stay in business in our state. They will soon shut down at least one California refinery and leave. This will be a huge hit to gas prices in California, Nevada and Arizona," said EPA Pacific Southwest Regional Administrator Josh F.W. Cook. "This settlement today ensures that Valero has improved its safety systems and emergency response procedures at the Wilmington refinery. As they continue toward closure elsewhere in the state, we at EPA will continue to monitor the situation."
A June 2022 EPA inspection of the Wilmington facility identified violations of the CAA’s Risk Management Program requirements. The inspection found several safety problems, including that the facility had underestimated the distance that dangerous concentrations of chemicals could spread in a worst-case scenario release. Underestimating the impact of such a release potentially leaves nearby homes, daycares, schools and businesses unprepared in an emergency. Accurate calculations are essential for emergency responders to quickly protect the public from chemical releases.
The inspection further identified violations including inaccuracies in the facility’s equipment diagrams essential for rapid emergency response, insufficient analysis of how facility-wide power failures might compromise safety systems, failure to implement previously recommended safety measures, and omission of mandatory information in both operating procedures and incident reports.
EPA also determined that Valero violated the EPCRA by failing to immediately notify state emergency officials after three separate sulfur dioxide releases in 2018, 2020, and 2021. Releases of sulfur dioxide require immediate reporting when they exceed 500 pounds.
The facility refines petroleum using hydrofluoric acid, a highly dangerous chemical. Hydrofluoric acid can cause severe, permanent health problems if released. The Clean Air Act’s Risk Management Program regulates industrial processes that produce, process, or store more than 1,000 pounds of hydrofluoric acid.
