Updated 3 p.m. Tuesday
Bay Area air regulators say they’ve won a “decisive victory” in a legal fight with a pair of oil companies that had sued to block enforcement of a rule intended to sharply reduce an especially harmful form of pollution emitted by the facilities.
The Bay Area Air Quality Management Agency (BAAQMD) on Tuesday morning announced agreements with Chevron, which runs a 120-year-old refinery in Richmond, and the Martinez Refining Company, that commit both firms to comply with a rule requiring crude oil production facilities to curtail particulate pollution beginning in July 2026.
The two companies are dropping lawsuits that challenged the rule. Chevron has committed to paying penalties and making other payments that could total more than $130 million if it delays compliance with the rule. Martinez Refining, a subsidiary of New Jersey-based PBF Energy, has agreed to implement a continuous monitoring system to ensure compliance with the district regulation. Each company will pay up to $500,000 to cover the district’s legal fees.
“The air district agreements with Chevron and MRC mark a turning point in our commitment to enforcing air quality regulations and deterring future violations throughout the Bay Area, especially in communities already overburdened by air pollution,” said Dr. Philip Fine, the district’s executive officer, in a statement announcing the agreements.
“Everyone, no matter where they live, deserves or has the right to breathe clean air, and that’s what this announcement is about today,” said Contra Costa Supervisor John Gioia, who is a member and former chair of the BAAQMD at the air quality agency’s press conference Tuesday morning.
The board that oversees the air district approved the new rule in July 2021. Two months later, Chevron and PBF sued in Contra Costa County Superior Court to block its implementation.
The rule, known as Regulation 6, Rule 5, focuses on the operation of the refineries’ fluidized catalytic cracking units, which break down heavy crude oil into lighter products like gasoline. Following that process, carbon material known as coke is burned off, pushing large volumes of particulate matter into the air.
Particulate pollution — consisting of both fine particles, known as PM2.5, and larger particles, PM10 — can be inhaled and is associated with a wide range of lung, heart and other chronic health problems.
Primary care doctor and Climate Health Now nonprofit cofounder Dr. Ashley McClure said she was “shocked” by the news.
