>> tonight on newsroom, we have an earth day special episode. according to a report by the environmental integrity project, thousands of pounds of chemicals are flush out of will refineries directly into the san francisco bay. advocates say the pollution is deforming fish and harming communities and the ecosystem. we considered the applications. plus california and mexico city are signing a historic sustainability agreement. the secetary of the environmental protection agency tells us what it means for our future. and for tonight's something beautiful, travel with us to

urban tilts, a beloved community garden working to build a more sustainable food system. coming to you from san francisco, this friday, april coming to you from san francisco, this friday, april 21, 2023. hello and welcome to the show. tomorrow is earth day, an annual event that traces roots back to california. in 1969, at a conference in san francisco, a piece activist opposed a day to honor the earth and the concept of peace. one year later the first earth day proclamation was issued by a san francisco mayor, on march 21, 1970. on a sunny day, when the fog has lifted and the san francisco bay sparkles, it's easy to think the land is pristine and water is pure. a recent report from the environmental integrity project found 81 refineries in the united states discharged concerning amounts of pollutants into our waterways, including some right here in the bay area.

we are joined now by a san francisco examiner climate reporter, jessica, thank you for joining us. thank you so much for having me. >> tell me what this report means for the health of water in the bay.>> this report lines out data that shows half 1 billion gallons of wastewater from these refineries are getting dumped into waterways across the united states every single day, that includes refineries in the bay area, including phillips 66, chevron, valero, and the refinery in martinez. i think the most stark findings of this report show that while refinery businesses have increased over the last decade, regulations that oversee how much they can discharge and what they discharge have not changed since the 1980s, and that is true even for chemicals of concern that are emerging well after that, including micro plastics and things that are used across industries, including nonstick pans and

raincoats. >> chemicals are not being regulated. even the regulations that have been on the books, it seems they are not particularly strong, and they are not being enforced, why is this?>> i think you have to ask the epa wife. the report lays out that the epa has routinely failed to regulate even the regulations they have on the books now, i think that would make enforcing strict permitting near possible.>> we did reach out to the refineries to get a response, chevron sent one back that said enrichment, they disputed the accuracy of the data in this report, they pointed us to cal epa data. it is hard to know what is spin and what is true, do you have any concerns about the data in the aip report?>> i think it is important to say that environmental integrity project is a nonprofit advocacy group,

they are investigating big polluters, coal plants, factory farms, and these refineries, and so it is important to keep in mind when reading this report, at the same time, the environmental integrity project was started by former epa attorneys who have insight into the inner workings of that agency, and the other thing i will say is while i cannot speak tentatively to the discrepancies of the data from the epa, to what chevron is saying, if you look around the bay, scientific groups, bay groups and environmental groups like bay keeper monitor the health of the bay every day, they are finding pollutants including nitrogen, selenium, heavy metal, nickel, things that are being dubbed dumped by industries and urban settings as well. >> in reporting you found that this is not just a concern for the refineries in terms of the pollution that's coming into the bay, there are many other industries that are dunking

toxic chemicals into our water. >> it's important to note that it is not just the refineries, they can often get a bad rap, but it is industries across the bay area. i grew up here, it wasn't until i started reporting on this that i realized the scale and scope of the industries that are located right on the waterfront, that's the concrete crushing plants, landfils, you name it, and so, i think this was put into crystallized for us when we saw the algae bloom in the bay caused in part by the nitrogen pollution, and we are flushing toilets every day and contributing to this nitrogen load in the bay as well, it's not just the refineries, we all have a part to play in keeping the bay healthy. >> keep flushing the toilets, right?>> yes. >> are you saying the water just needs to be cleaned better? >> yes, i think scientists will say, especially with changing climate and warmer temperatures, it's not good

enough in california, which is a trite prone state, to conserve water. they will say it is really time to look into other technology, including water recycling, and more advanced treatment of it.>> tell us about those who like to swim in the day and go sailing in the bed. is it safe?>> the bay is such a resource, such an asset to this region. the california state and regional water boards are regulating the board. if you are a swimmer, surfer, fisherman, if you want to go out into the bay, i think it is safe to enjoy. it should be said that the bay has come leaps and bounds from the 1970s, before the clean water act was passed, we didn't have real sewage structure, money, or the outfit that helps the bay to stay healthy now, i think we have seen broad

improvements, but it is also clear with a changing climate ú action to keep the bay healthy and safe. jessica, thank you for us. thank you so much, had. let's turn members and activists who are raising alarm bells on the impact of using our waterways. joining us to discuss these findings are the executive director of san francisco bay keeper and the listening project, stage, as the executive director of a keeper, what was your response to this report? through the report really demonstrated that refineries events and obey or causing huge impacts to san francisco bay and local communities, and bay keeper has been following the refineries for many years, decades, even. the report combines all of the

data and information, and it shows all of the impact in a cumulative manner. we got really upset seeing how the technology needs to be improved, and the epa has been sitting down and not doing anything about refinery pollution for decades. >> why is that?>> there is a lot of pressure on agencies from refineries, from refinery lobbyists, to keep everything business as usual. some technologies are from the 1980s that they are still using to try to control pollution at refineries, and it's just not working anymore. we have new technology. it's like the time before cell phones, that's the same kind of technology that they are using right now, it is way outdated, they should be removing pollutants from wastewater streams, because they are having an impact on the

environment.>> let's talk about how bad it really is. you have been tracking dilatory violations, specifically by local refineries. can you tell us about recent incidents, and the fines that have been leveled?>> absolutely, they are some of the most lawbreaking refineries that we have in the state of california. just in the last three years, chevron in my community of richmond, they flared over 50 times, creating black smoke in the communities, cars, playgrounds, and we also can look at over the last three years, the bay area air quality management district that regulates air has had 400 notices of violations at the different refineries, most recently we had the valero refinery that was given a $1.2 million penalty. this is to a multibillion- dollar corporation, this is not

actually going to go to the communities that harms, it doesn't go to protective care for the community, it actually is disrespectful to the communities that live in that area and are seeing the cause and that health impacts directly, and of course most recently, in martinez earlier this year communities were told not to eat any of the produce for the next four months, for that which had been grown in the martinez area, because of the facility admitted 20 tons of dust that was a fine white powder dust over schools, over homes, over playgrounds as well, and so, the impact for us is every day, it is real, we have young children being born with some of the highest asthma rates, enrichment, one in four children. >> your own brother suffered

from asthma as a child. >> i watch my baby brother be born with asthma and needing to go through breathing treatments, we are truly fighting for the right to simply breathe, and i think that's what we need to hold refineries and local regulatory and even federal accountable for, for us it is really a matter of life and death.>> you have been involved in the listening project in richmond, we pulled a clip from that, in this you have voices from the community talking about how these different types of pollution are impacting their lives, let's go ahead and listen to that. >> thinking about chevron, it's literally life and death, maybe not so much in terms of the timeframe, if you think about it that way, but you know, i think about my daughter, she's very young, if she has been exposed to these environmental

pollutants, that is affecting her, that is affecting her genetically, it is also affecting her experiences in her environment.>> how often are you hearing stories like this? >> far too often, this has become normalized. people growing up, young people have asthma, they've needed to have different types of classes. mayor martinez is the current mayor, he was a teacher who created an asthma club for his students who could meet the pe standards in schools, and needed to work with counselors and social workers to better understand how to create a solution to the problem. this has become so normalized in the community. it has been over 100 years that chevron has had a stronghold on our communities, many of these refineries for decades. it is far too often then not at

this point. in our listening project podcast, also heard a mother say along with doctor amanda milstein saying parents come to them asking when they will find out about asthma, not if. it's more of a question of when, and this is what my brother, who is now an adult, this is what he asked, when will i know, when can i test my son to see if he's going to have asthma? that should not be normalized, in particular in any community, the hardship really is on black and brown communities.>> you are seeing this not only in richmond, these issues of environmental pollution typically impact disadvantaged and vulnerable communities. can you share a little bit more about that? >> san francisco bay keeper looks at all of the industrial facilities around san francisco bay and all of our communities, we review all of the pollution data every single year.

this is self-reported data that is required under the clean water act. often times agencies are taking that data, putting it in a drawer, and ignoring it. we are pulling it out, dusting it off, and we are taking a look at things really carefully, we are holding those polluters accountable, and the refineries are at the top of that list almost every year.>> you have filed lawsuits. >> yes, we are litigators, we do sue these companies when they are violating the law, and when the agency refuses to take action and was the law.>> we've talked a lot about the pollution in the air as well. let's go back to the pollution in the water. i want to read some of the numbers about how much is being released into waterways. 1000 pounds of selenium? 1 million pounds of total nitrogen? 32,000 pounds of oil and grease, 500 pounds of arsenic, 270 pounds of lead and lead

compounds, 200 pounds of cyanide, and 140 pounds of hexavalent chromium, i'm not even sure exactly what that is, but it's obviously a problem. is there a particular one among all of these that is most concerning to you? do they are all-consuming, pollution in the water, pollution in communities should not be there, especially from these refineries that are supposed to be responsible stewards operating cleanly, they've got tons of pollution coming out, and as you are mentioning these numbers, these are all annual pollutant. one of the ones we are really concerned about is selenium, it has been shown to have human úh shown to have wildlife impacts, and we have the martinez refinery, a permit was just approved by our water board, they approved the permit to allow 875 pounds of selenium to enter san francisco bay every year, and that is the same number that they have been discharging into the bay since

the 1980s. so that has not changed at all even though technology has improved, and they could stop with selenium. there is a very visible link between selenium and wildlife, particularly in fish.>> this is the most frustrating part of it. new data is showing that wildlife is deformed, so the california split tail fish is a fish that is endemic semper cisco bay and the delta, and it is being impacted directly by these dischargesfrom the refineries, scientists have shown that it is the refineries selenium in the water causing deformities in these fish. the agencies, instead of taking that science into account, they are just turning a blind eye to it, even though we are putting it in front of their faces and saying you need to update these permits and not allow these discharges from the refineries anymore.>> what would you like to see changed in california, for us to have cleaner

waterways? first we need to move toward a transition. i imagine our communities without refineries. we need to move away from extractive economies and into regenerative economies, solar and wind, how is technology at a place now that we are still refining at a 100 year refinery and polluting? we are in 2021, how many more generations have to leave through the impact? we really need communities and workers at the helm. unfortunately it has gotten to the point where communities will continue to have to hold the local government agencies accountable as well as the refineries. but it's only done with workers, with community members all together, and hopefully with the help of some folks in richmond, and the progressive alliance, they are really trying to fight against some of the biggest polluters, which is

chevron.>> thank you both for ú your knowledge with us. of course, thank you. >> we are taking these concerns to the top environmental protection representative in the state. garcia has been in mexico this week, this morning she signed a memorandum of understanding between the state of telephone you and expo city. this year marks 200 years since the start of diplomatic relations between the united states and mexico. the secretary joins us by skype in mexico city. thank you for being on the show.>> thank you for having me again, it is good to see you.>> the report found that federal standards for refineries have not been revised since 1985, should those standards change? we have long considered the national standards for refineries to be out of date

since the 1980s, and in california we have taken on the responsibility to protect water, and we don't wait for the federal standards. to protect the san francisco bay, for example, the san francisco bay regional water quality control board has long included water nullity permits that we issue, they are significantly more stringent than federal standards. these include limits on toxicity and selenium limits that are set i the board to make sure we are protecting the delicate ecosystem of the bay, which we know needs protection and a lot of improvement. the bay has suffered. we need to make sure we are protecting it as much as we can. when refineries do not comply with limits and permit requirements that we are setting in laces like the bay area and elsewhere across the state, the regional boards have right a bit of discretion to take enforcement action, to pursue tees and referrals to the attorney general's office. i take enforcement action very

seriously. i impart that on the board and the department, and the water board, as well as the regional board. >> advocates we've spoken with say there is just not enough enforcement, and at the end of the day, the enforcements that there are for violations amount to a slap on the wrist, that there should be heavier fines and penalties. they also point to concerns with wildlife, such as deformities in fish, and health concerns for communities that live along the border of the water. what are your thoughts on this? do you think there should be more enforcement than there is right now with cal epa? i think enforcement can and should be strengthened, and i think standards also need to change in certain instances. úone of the things that i have coupled with the goal of strengthening enforcement, in particular multimedia enforcement, when we are sending people to look at air quality impact we are also aware often times we will see

one impact with another, and we are expecting waste discharge to affect water bodies. we have to start regulating and continue to regulate toward what affects the most vulnerable californians and the most honorable species. we should not have levels of toxicity that are affecting fish species, that has long been a concern for many folks around the bay area, and it shouldn't affect our communities. we are actually looking at different ways to leverage penalties on the oil and gas industry for much of the work that they've been doing to harm californians not just from the climate standpoint, but also in their pocketbooks. it has been a priority of the governor and the legislature in the special session most recently to look at penalties from price gouging. we also have to look at penalties for environmental standards, and these should be set as strongly as possible, we are taking all the enforcement action that we possibly can when we see violations. refineries that we are looking at our frankly transitioning

away from fossil fuels across the transportation sector. that is another important part of our agenda. >> tell us what we will do, and what we will see as an impact?>> it has been an exciting thing for me. i have mexican roots, i had the privilege to be join by elected officials who have the same background a lot of folks who understand the importance of the relationship with mexico is critical, they are a close neighbor, and we think often of the partnership with states like baja california being particularly critical, but ownerships with municipalities are also report, national governments as well, it's very.

for many years california carried the mantle on the paris agreement, and i think that created a lot of space for some national guardsmen's to be able to step up to the plate and commit to admission production targets, we've seen that in many states, across mexico and across mexico city. we signed the memorandum of understanding that is a renewal that expired in 2019. our teams have been working very closely, that's my team at the environmental protection agency, and the team at the energy commission, really making sure that we are partnering with a city like mexico city that shares challenges in common with california. they've had some of the worst air pollution for several decades, and they have made great strides and improvements vehicle transportation options and creating a truly secular economy that frankly we can learn from, and ensuring waste reduction across the city, rainwater and stormwater

capture, etc. all things that we can impart knowledge and leadership in, but also to learn from, and to make sure that shared challenges are brought to communities, for those who come across the border for industry and for jobs, and we share the same climate. we share hundreds of miles of coastline with baja california, for example. we share a lot of the same concerns run drought, wildfire, climate resilience for communities, and the needs to dramatically reduce emissions and carbonized buildings.>> there is also a brand-new website that has been launched, from the state. it's in recognition of earth day, tomorrow. it gives californians an opportunity to find ways for action you tell us a little bit about that tool? that tool is something we've been pressed for some time to develop. it is an attempt at a one-stop shop.

we have made incredible improvements in how we deliver investments to households, these are investments for electric vehicle rebates, weatherization programs, for home solar, and for other types of energy efficiency programs, and we have long wanted to create a sort of central hub, where all californians and in particular low income families can access information about rebates and programs that really respond to them and their needs, that allow them to be part of driving the solution and seeing the resources that may be available to them.>> the secretary of the california environmental protection agency, thank you for joining us.>> thank you.>> urban tilt was started in responding to thousand five with the goal of making healthy, farm fresh food

accessible to all. they aim to create a more sustainable and equitable food system by working with local residents to grow and harvest their own food at one of their seven community and school gardens. join us as we visit urban tilt for tonight's look at something beautiful. [ music ]

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