Policies & Regulations

The Chevron Richmond Refinery is required to follow regulations that are established by both federal and regional agencies regarding air quality management and emissions. Federal regulations and policies are establish by the US Environmental Protection Agency (EPA), while the regional agencies are the California Air Resources Board (CARB) and the Bay Area Air Quality Management District (BAAQMD). California energy and climate policy also play a role in how the refinery operates. However, despite California's strong policies, such as the "cap and trade" program, many activists and politicians believe it is not enough. We will take a look at how these regulations and policies have affected how the refinery operates and what that means for the air quality of Richmond.

All petroleum refineries, including the Chevron Richmond Refinery have to comply by the NSPS. The direct final rule that was established sets standards for the limitation of air pollution produced by both new or old sources. It also points out improvements in emissions control technologies and work practices since the last set of standards and provides regulations to help maintain those standards.

The Bay Area Air Quality Management District's Stationary Source Committee create regulations that help improve air quality by establishing different standards that refineries must follow. The regulations as of currently cover almost all issues pertaining oil refining procedures and emission sources. However, there are a few loopholes that are present that negatively affect the community.

Exemptions that allow increases in emissions:

• • Regulation 2, Rule 5

    • Section 110 allows increase of emissions if HAP concentrations are below trigger levels

    • Section 111 allows emissions from emergency use of emergency standby engines

  • Regulation 12, Rule 16

    • Section 103 sanctions emissions increases of both CAPs and greenhouse gases if the increase only results from increased crude throughput and the proportion of emissions rate to crude processing rate remains the same (Gerber 51)

    • Section 104 exempts greenhouse gas levels based on trigger levels

    • Section 105 exempts emissions if connected to flaring

The California Air Resources Board is one of the agencies part of the Interagency Refinery Task Force (IRTF). The IRTF's goal is to help increase the safety of refineries and help prepare for incidents in the future. Currently, in addition to the the Bay Area Air Quality Management District, the Chevron Richmond Refinery operates under the regulations set by the California Air Resources Board as well regarding air monitoring and emissions. The laws are laid out in the California Air Pollution Control Laws.

AB-32 addresses oil refineries by ordering several reductions in emissions through a Scoping Plan and setting standards regarding fuel mixes that effect the transportation sector. The California Air Resources Board is in charge of writing the Scoping Plan which establishes the amount of reductions based on sector.

The California Air Resources Board is also in charge of enforcing California's Cap-and-Trade Program. The regulations established by the program put a "declining limit on the major sources of greenhouse gas emissions throughout California, and it creates a powerful economic incentive for significant investment in cleaner, more efficient technologies" (CARB). From 2010 to 2011, the Chevron Richmond Refinery reduced its emissions by 2% (Gerber). The Cap-and-Trade program has been successful in that it has reduced emissions by "6% statewide between the annual emissions sum in the inaugural year to the annual emissions sum in 2012, but does not provide appropriate restrictions to limit refinery-specific emissions" (Gerber 54).

Activists and politicians in California also agree with the argument that the Cap-and-Trade program does not provide appropriate restrictions to limit refinery-specific emissions, as they say that “it has established a market of pollution for the fossil fuel industry that disproportionately hurts them” (Cagle).

Sources

Gerber, Vanessa. “The Policy and Politics of Pollution: Exploring Regulation, Environmental Justice, and Toxic Air Emissions Dispersion Trends from the Richmond Chevron Refinery.” University of California, Berkeley, 2015.

“Petroleum Refineries: New Source Performance Standards (NSPS) - 40 CFR 60 Subparts J & Ja.” EPA, Environmental Protection Agency, 20 Aug. 2020, www.epa.gov/stationary-sources-air-pollution/petroleum-refineries-new-source-performance-standards-nsps-40-cfr.

“Emissions Estimation Protocol for Petroleum Refineries.” EPA, Environmental Protection Agency, 30 Nov. 2020, www.epa.gov/air-emissions-factors-and-quantification/emissions-estimation-protocol-petroleum-refineries.

“Current Rules.” Bay Area Air Quality Management District A Healthy Breathing Environment For Every Bay Area Resident, www.baaqmd.gov/rules-and-compliance/current-rules.

Refinery Air Monitoring, ww2.arb.ca.gov/our-work/programs/incident-air-monitoring/refinery-air-monitoring.

“California Air Resources Board.” Laws and Regulations | California Air Resources Board, ww2.arb.ca.gov/resources/documents/laws-and-regulations.

“California Air Resources Board.” AB 32 Global Warming Solutions Act of 2006 | California Air Resources Board, ww2.arb.ca.gov/resources/fact-sheets/ab-32-global-warming-solutions-act-2006.

“California Air Resources Board.” Cap-and-Trade Program | California Air Resources Board, ww2.arb.ca.gov/our-work/programs/cap-and-trade-program/about.

Cagle, Susie. “Richmond v Chevron: the California City Taking on Its Most Powerful Polluter.” The Guardian, Guardian News and Media, 9 Oct. 2019, www.theguardian.com/environment/2019/oct/09/richmond-chevron-california-city-polluter-fossil-fuel.