Attorney General letter may be terminal for ORCEM / Vallejo Marine Terminal

By Roger Straw, November 30, 2018
Nov. 7 2018 letter from Deputy Attorney General Erin Ganahl

Take heart, Vallejoans!  The letter sent to your City by the Attorney General may just do the trick.  (See Times-Herald Nov. 12 coverage.)

I remember back in Benicia’s crude-by-rail days, when Deputy Attorney General Scott Lichtig of Attorney General Kamala Harris’ staff wrote to the City of Benicia.  He wrote first in 2014 urging revision of an “inadequate”  Draft EIR, and again in 2016, defending the City’s right to deny a land use permit.  Lichtig advised our city leaders, “For Benicia to turn a blind eye to the most serious of the Project’s environmental impacts, merely because they flow from federally-regulated rail operations, would be contrary to both state and federal law.”

There were a LOT of us who worked long and hard to defeat Valero’s dangerous and dirty oil train proposal.  Local activists and folks from far and wide disagreed with City staff and Valero’s execs and highly paid attorneys.  We criticized, protested and sent volumes of comments over the course of 3 ½ years.  Scientific and environmental experts and friendly attorneys weighed in.  But it was eye-opening for everyone when the Attorney General’s office got involved.

But… note that the AG letter wasn’t enough.  It’s important here for us to not dwell on the past or get too optimistic.  Stay tuned via Fresh Air Vallejo and keep up the good work.

…because ORCEM/VMT wants to run 552 trucks a day up and down Lemon Street!  We stand in solidarity with residents, business owners and all of our neighbors in Vallejo.  And it’s important to realize that the truck exhaust will travel by air west to east, settling, surely, in Glen Cove and Benicia.

Let’s hope the Vallejo City Council has the backbone Benicia had in 2016, to DENY THIS PROPOSED CATASTROPHIC PROJECT!

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    Vallejo city manager critical of ORCEM / Marine Terminal’s deceptive paid advertisement

    Repost from the Vallejo Times-Herald
    [Editor –  Good news that Vallejo’s City Manager has raised eyebrows about ORCEM’S paid advertisement masquerading as news in the Times-Herald’s Nov. 22 edition.   View the Attorney General’s scathing 13-page letter.  Let’s hope the Vallejo City Council has the backbone Benicia had in 2016, to DENY THIS PROPOSED CATASTROPHIC PROJECT!  For more critical perspective, see Fresh Air Vallejo.  For official project documents, see Vallejo’s City website.   – R.S.]

    Vallejo city manager addresses Orcem, VMT insert

    By John Glidden, November 29, 2018 at 2:05 pm
    Vallejo City Manager Greg Nyhoff

    Vallejo City Manager Greg Nyhoff reiterated Tuesday night that a Final Environmental Impact Report (FEIR) being completed for a controversial south Vallejo project won’t be released until early next year.

    Toward the end of the Vallejo City Council meeting, Nyhoff addressed the contents of a four-page advertising insert paid for by the project applicants and published in the Times-Herald on Nov. 22.

    He took issue with a statement printed on top of the insert asserting that the FEIR being prepared for the Vallejo Marine Terminal, Orcem Americas project would be released “within a matter of days.”

    “I just want to clarify — it looks like it’s official news. That’s not the case,” Nyhoff said to the councilors. “No — this report won’t be coming out within a matter of days.”

    VMT and Orcem representative Sue Vaccaro said via email on Wednesday that the Times-Herald’s deadline to submit artwork for the insert was Nov. 9, several days prior to Nyhoff’s original announcement during the Nov. 13 council meeting that release of the FEIR would be delayed.

    “By that time, due to the two weeks of lead time required in accordance with the newspaper’s specifications, there was not an opportunity to update that two-line reference,” Vaccaro wrote. “In short, we were acting in good faith based on the City Manager’s comments at the time the artwork was submitted for print … obviously, had we known what was coming out from the Attorney General’s Office and subsequent delay ordered by the City Manager, we wouldn’t have made that reference.”

    However, in a phone interview on Thursday, Nyhoff disagreed, noting that despite previously saying in September that the FEIR would be released toward the end of November, both the city and applicants knew the report wouldn’t be released in November — even before the DOJ letter was sent to the city.

    “Everyone still knew we weren’t going to meet that deadline,” Nyhoff explained. He said the city and consultants are still waiting to hear back from the Bay Area Air Quality Management District (BAAQMD), which is still reviewing information about the project.

    Nyhoff said during the council meeting, and again on Thursday, that City Hall will also be looking into additional claims made in the insert, including the $1 million benefits program, and the Lemon Street maintenance program being offered by the applicants.

    He said it’s important to make sure Lemon Street is going to be taken care of, due to the large volume of trucks trips — about 552 — expected daily. Nyhoff said analyzing truck traffic and its impact to surrounding streets near Lemon is also needed.

    Earlier this month, the California Department of Justice sent city officials a 13-page letter warning that environmental documents, a draft final environmental impact report (DFEIR), an Environmental Justice Analysis (EJA), and Revised Air Analysis prepared for project are misleading and violate state law.

    “The environmental documents for the project fail to provide adequate legal support for the City of Vallejo to approve the project,” Erin Ganahl, deputy attorney general for the State of California, wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”

    The Vallejo Planning Commission voted 6-1 in 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall said at the time.

    City officials argued in 2017 that since a rejection was being recommended, an FEIR was not required.

    Orcem and VMT appealed the Planning Commission decision, and in June 2017, when reviewing the appeal, a majority of the council — Jess Malgapo, Rozzana Verder-Aliga, Hermie Suna, and Pippin Dew-Costa — directed City Hall to complete the impact report.

    Once the FEIR is completed, Nyhoff previously said the report will be circulated for at least 60 days prior to the council taking up the appeal again.

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      Oil and gas production in California – Extraordinary?

      Repost from Legal Planet

      Guest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are

      Facts About California’s Oil and Greenhouse Gas Emissions

      Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, that bolster California’s case against the Administration’s threat to strip California of its clean car clout.

      In 1967, then governor Ronald Reagan adopted statewide vehicle emissions regulations to address California’s severe air pollution. Shortly thereafter, when the federal Clean Air Act was adopted, California was granted a waiver to set its own tougher vehicle emissions standards. Over the decades, California has repeatedly ratcheted up these regulations to also include greenhouse gas (GHG) emissions. In order to maintain its waiver, California’s emissions standards must be deemed necessary to meet “compelling and extraordinary conditions.” Historically, these referred to the state’s unique meteorology, geography, population, and air pollution levels.

      All of these still hold true: the sun shines strong, the weather is warm, mountains wall in emissions from cars and other sources, one in eight American drivers reside here, and the air is still very dirty.

      But there are four more extraordinary circumstances, all relating to California’s oil resources, that need to be factored into the case for preserving and strengthening California’s clean car program.

      These circumstances are bolstered by the fact that California’s gasoline and diesel markets are geographically isolated from other locations in the United States that produce refined products. As such, California is essentially self-sufficient, refining its own transport fuels. Little, if any, gasoline and diesel are obtained from outside the state to balance out supply with demand.

      All of the oil California produces ends up in its own refineries, and this is not an environmentally-friendly affair, especially in a state that has taken the lead on clean air and climate change. According to the Oil Climate Index (OCI)—an open source tool (developed by Gordon and her partners at Stanford and the University of Calgary) that compares the climate impacts of global oils—extracting and refining oil in California is dirtier than anywhere else in the United States. Weakening California’s vehicle emissions standards will force Californians to consume more of the state’s dirty oil longer into the future. This will increase pollution levels and elevate risks to public welfare in the state with the nation’s worst air pollution—69 percent of counties had unhealthy air on 33 days last year.

      California’s oil resources are extraordinarily strained

      As Texas, North Dakota, New Mexico, and overall U.S. oil production rises, California production is in decline. Since 1985, California’s crude oil production has dropped steadily: the state now produces under 500,000 barrels per day, less than half of its output 30 years ago. California’s aging oil fields, unstable seismic geology, and tight environmental rules all work to limit oil production. Successfully running its oil refineries at their current capacity of 2 million barrels a day to meet Californians’ gasoline and diesel demands requires the state to feed the entirety of its domestic oil into its refineries and then import 70 percent more oil. If realized, Trump’s plan to weaken the state’s clean car standards would increase gasoline and diesel demand, exacerbating the state’s already-strained oil resources and further pressuring security of its energy supplies.

      California’s oil resources are extraordinarily dirty

      California’s oils have some of the largest carbon footprints worldwide. Producing, refining, and consuming a barrel of California oil emits more GHGs than other global barrels. For example, the state’s largest oilfield, Midway Sunset, is estimated to be more carbon intensive than Canada’s oil sands. California’s South Belridge and Wilmington fields are also among the highest-emitting in the nation. Trump’s plan would increase California’s GHG footprint, countering the state’s climate goals.

      California’s oils are extraordinarily energy intensive

      Aging oils in California require significant amounts of energy to extract and refine, much more than newer resources in North Dakota, the Gulf of Mexico, and elsewhere. Fossil fuels, like natural gas and diesel, provide these extra energy inputs. A barrel of California’s Midway Sunset oil, for example, uses one-third of its total energy just to extract and refine it into petroleum products like gasoline and jet fuel. Likewise, California’s complex refineries consume nearly five times more energy to turn the state’s oil into marketable products than simpler refineries. Much more manpower and money are spent bringing California oil to market than elsewhere in the country.

      California’s oils are extraordinarily undocumented

      Unlike other states and countries, California does not document its oil quality. The problem is that California’s oil resources are more dangerous to handle than most global oils. In 2011, for example, a California oil field worker was buried alive when the ground gave way as steam was being cycled through the oil field. California’s complex oil was documented long ago by the federal government, but recommendations for oil data transparency have gone unheeded for over a century. These large information gaps introduce new environmental risks for California.

      California’s 30 million motor vehicles that far outnumber any other state are a major source of air pollution. Clean car rollbacks are a threat to the state’s environmental progress—and energy security. The state needs to fight hard to preserve its pioneering vehicle emissions standards on behalf of itself and several U.S. states and international provinces that have already adopted them. Beyond preserving the standards in place, state policymakers should also consider tightening their emissions standards if they are going to make real headway addressing climate change. In this historic fight, California can draw on its extraordinary status—namely its exceedingly dirty, depleting oils that are unusually energy intensive and fundamentally unknown.

      Deborah Gordon is the director of the Energy and Climate Program at the Carnegie Endowment for International Peace and a senior fellow at the Watson Institute for International & Public Affairs at Brown University. Frances Reuland is Carnegie’s James C. Gaither Junior Fellow in the Energy and Climate Program.

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