Valero Benicia appeals Planning Commission’s unanimous decision

By Roger Straw, February 29, 2016 2:25pm PT

City Council will review Valero Crude By Rail on Tuesday, March 15

Valero Benicia Refinery dropped off its appeal at City Hall this afternoon, Monday, February 29, 2016.  The City posted the following announcement on its Valero Crude By Rail webpage today:  “It is anticipated that the City Council will hear the appeal on March 15, 2016.”  I’m told that this will only be a formal setting of dates for public hearings on the matter. Still, you may want to show up to send a signal.  Sometime in late March or late April, the City Council will hold a series of hearings much like those recently held by the Planning Commission.  Stay tuned for those dates and plan to attend.

The 1-page Formal Appeal was accompanied by a hard-hitting 11-page letter by Valero’s attorney, John Flynn of Nossaman LLP.  The letter details Valero’s position, and is posted on the City’s website.  The letter tears into Benicia’s Planning Commission for its unanimous Feb. 11 decision to deny the project.

Stop Crude By Rail yardsign

It’s official – our work is not done!  STOP CRUDE BY RAIL!

 

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Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations

Repost from Associated PressAllGov.com
[Editor:  Significant quote: “Although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation.”  See also Matt Krogh’s News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety.  – RS]

Inspector General Report: Rail Hazmat Safety Violations should be prosecuted

By Joan Lowy, Associated Press, February 28, 2016
Sarah Feinberg, Federal Railroad Administration administrator

WASHINGTON (AP) — Federal regulators are failing to refer serious safety violations involving freight rail shipments of crude oil and other hazardous cargo for criminal prosecution, and are going lightly on civil fines, according to a report released Friday by a government watchdog.

The Federal Railroad Administration routinely applies only modest civil penalties for hazardous materials safety violations, even though inspectors request penalties only for serious or repeated infractions, said the report by the Department of Transportation’s inspector general.

Instead, the agency’s attorneys have made it a priority to process penalties quickly and avoid legal challenges, the report said.

And, although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation, the report said. After examining a random sample of safety violations over five years, the inspector general’s office found 17 cases it said should have referred for criminal investigation.

Based on that sample, the inspector general’s office estimated 20 percent, or 227 out of 1,126 violations, may have warranted criminal referral. The agency’s attorneys told the watchdog that they didn’t make criminal referrals because they didn’t know the procedures for doing so, and they didn’t think it was part of their job.

“As a result, penalties have little deterrent effect, and criminal penalties aren’t being pursued,” wrote Mitchell Behm, assistant inspector general for surface transportation.

Concern about rail shipments of hazardous cargo has been heightened in recent years by a series of fiery oil train explosions in the U.S. and Canada, including one just across the border in Lac-Megantic, Quebec, that killed 47 people. More than 400,000 tank cars of oil are shipped across the country annually.

Rep. Peter DeFazio of Oregon, the senior Democrat on the House Transportation and Infrastructure Committee, said the report confirms “that the federal government has failed to provide the necessary oversight to protect communities across the country from serious accidents involving the rail transportation of hazardous materials.”

One case the report said should have been referred for criminal investigation involved a company that produced tank car valves that hadn’t been put through a required design approval process. The valves subsequently leaked hazardous liquids. In another case, a company may have deliberately failed to disclose that a shipment included radioactive containers.

Matt Lehner, an FRA spokesman, said most of the inspector general’s recommendations are being implemented. He noted that the agency collected $15 million in fines for violations in the 2015 federal budget year, a 12 percent increase over the previous year and the most in the agency’s history

The inspector general’s office also found that the agency doesn’t have a complete understanding of the risks of hazardous cargo shipments because the agency makes safety assessments by looking narrowly at operations in specific regions, not the nation as a whole.

The regional evaluations also don’t include an assessment of the risks of transporting highly volatile and hazardous materials like crude oil near cities and major population centers, the report said.

Without an accurate national assessment, the railroad administration can’t be sure that all the appropriate risk factors are being considered when deciding which operations are most in need of inspections, the report said.

The inspector general also faulted the agency’s complex records system, saying it makes difficult for inspectors to access safety information on rail operations outside their region. As a result, the railroad administration and a sister agency, the Pipeline and Hazardous Materials Safety Administration, don’t share critical and up-to-date information with safety inspectors and investigators in different regions throughout the country.

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VIDEO: Benicia Planning Commission Hearings Feb. 8-11

By Roger Straw, February 27, 2016

Highly recommended: two brilliant outtakes

Benicia’s own videographer, Dr. Constance Beutel, is reducing the 20 hours of Planning Commission hearings into watchable shorts. I understand that she has winnowed the 20 hours down to 4, and has produced these two beautiful outtakes.  (If you only have time for one, I’d recommend you watch the first, “Oxygen and Crude By Rail.”)

Oxygen and Crude By Rail (Public comment by Phyllis Ingerson, longtime resident of Benicia)

Stop Crude By Rail!  (“Oil Trains” by Andy Shaw, of Benicia, CA, Tune: The Wreck of the Edmund Fitzgerald, by Gordon Lightfoot)

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