All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

SB 350 – Bold Bill to Cut California Emissions Sets Off Fierce Battle

Repost from the New York Times
[Editor:  SB 350 passed in the California Senate and is up for a vote in the Assembly.  Please phone or write your Assembly member NOW to encourage a vote for this most important climate bill.  More info:  1) California Climate Leadership, 2) Earthjustice, 3) Natural Resources Defense Council and 4) Cool Davis (including a sample letter).   Find and contact your California legislators here.  – RS]

Bold Bill to Cut California Emissions Sets Off Fierce Battle

By Adam Nagourney, Sept. 4, 2015
Wednesday evening’s commuter rush on Interstate 110 in Los Angeles. Legislation in California’s long-term campaign against emissions calls for a 50 percent reduction in petroleum use by Jan. 1, 2030. Credit Monica Almeida/The New York Times

SACRAMENTO — With President Obama back from a trip to Alaska in which he portrayed the fight against climate change as an urgent international priority, California is showing how hard it can be — even in a state overwhelmingly controlled by Democrats — to get an ambitious carbon reduction bill passed.

The state has been at the forefront of global efforts to battle greenhouse gases, enacting mandates to force sharp reductions in emissions over the next 35 years. Its environmental record was applauded by Mr. Obama last week, and Pope Francis invited Gov. Jerry Brown to discuss the fight against global warming in the Vatican this summer.

But a centerpiece of California’s long-term campaign against emissions — legislation requiring a 50 percent reduction in petroleum use by Jan. 1, 2030 — has set off a fierce battle here, pitting not only a well-financed oil industry against environmentalists, but Democrat against Democrat. The bill easily passed the Senate, but is faltering in the Assembly because of opposition by moderate Democrats, many representing economically suffering districts in central California. A vote is expected early next week.

The legislation faces an onslaught by the Western States Petroleum Association and other oil industry advocates that, in ads and mailings, assert that a 50 percent cut in petroleum use could result in gas rationing and a ban on minivans.

“This law will limit how often we can drive our own cars,” a narrator in one ad says urgently, an assertion the bill’s sponsors say is groundless. The oil industry has tagged the bill “The California Gas Restriction Act of 2015.”

A defeat would be a setback for Mr. Brown — who has made a battle against global warming a centerpiece of his final years in public life — and for environmentalists who have looked to California to lead the emissions fight at time of strong skepticism about global warming in Washington. Mr. Obama urged California lawmakers to enact the bill in a recent speech in Las Vegas, signaling the importance he is attaching to the issue in his final years in office.

The environmental fight here comes on the eve of the United Nations climate change conference in Paris later this year. There, Mr. Brown and Kevin de León, the State Senate Democratic leader who led the fight for the bill in his chamber, are planning to outline for an international audience California’s campaign against greenhouse gases. On Wednesday, the Legislature passed and sent to Mr. Brown a measure requiring the state’s public pension funds to divest from coal companies.

“The rest of the world is watching very closely what is happening in California, and I think so far they see a success story,” Mr. de León said. “Our economy has grown — we are adding jobs, and we are reducing our carbon emissions. Therefore it is absolutely crucial that this measure passes because it will be a big blow to the rest of the states and the whole world if it doesn’t.”

California has mandated an 80 percent cut in emissions by 2050, using 1990 emissions levels as a baseline. The goal has been championed by Democrats like Mr. Brown and Republicans like former Gov. Arnold Schwarzenegger. This bill on petroleum, one of several the Legislature is voting on to put these limits in place, is intended to ensure that California meets this target.

The legislation, Senate Bill 350, leaves it to the state’s Air Resources Board to determine how the 50 percent mandate would be met; it does not mention gas rationing or banning minivans. It also includes no penalties in case the mandate is missed. Opponents, in defending the warnings about rationing, noted that the bill is short on specifics on how the reduction would be achieved; they said they see no other way the mandate could be met.

“I can’t figure out any other way to reach a 50 percent reduction in that frame without doing some pretty dramatic measures,” said Catherine Reheis-Boyd, the president of the Western States Petroleum Association. “If it isn’t gas rationing, what is it? I keep hearing what it isn’t.”

Mr. Brown, in an interview in his office here, said the oil industry was using fear tactics to try to derail the effort before the Legislature adjourns on Sept. 11, but said he was confident of eventual success.

“You’ve got the oil companies fighting Pope Francis,” Mr. Brown said. “Fighting the scientists of the world. Fighting the governor of California. They are engaged in literally a life-and-death struggle, and I have no doubt who is going to be the victor.”

He added: “It’s a shameless effort to maintain their revenue stream — regardless of what the impact is on everyone else. There is no rationing in the bill. Read it. None.”

The concerns have come not only from Republicans, but also from moderate Democrats who represent communities in central California. Many of these communities are struggling with high unemployment and slow economic growth.

“So much of our economy is driven by the use of petroleum,” said Assemblyman Henry T. Perea, a Democrat from the Central Valley and a leader of moderates in his house. “We don’t know what impacts S.B. 350 will have on it. We don’t know because we don’t know what the plan is. What does that look like? We haven’t heard that answer to that. And in the absence of information, you create your own.”

Kristin Olsen, the Assembly Republican leader, said her party was eager to find ways to curb harmful emissions. “My son has asthma — of course I want clean air,” she said. But she questioned why California had to be a leader in an effort that she argued had such significant economic costs.

“We want to be leaders,” she said, “but not when there are no followers. And at some point we have look at the fact that no one is following California’s lead. We are less than 1 percent of the world. At some point we should work on reasonable cost-effective measures to reduce greenhouse gas emissions to improve our air quality. But not at the cost of jobs.”

Ms. Boyd, of the petroleum association, said the bill’s sponsors had erred in trying to push the measure through without explaining how it might work. “We think there should be a lot more detail, and it should be articulated pretty clearly about how one thinks they are going to be about this superaggresive mandate,” she said.

Backers of the bill said reductions would be achieved by, among other things, bolstering the fuel efficiency of existing cars and increasing the number of electric cars on the roads, while pushing urban planning policies that help enable people to walk to their jobs and to shopping districts.

“We don’t have a choice — we have to make these changes,” said Tom Steyer, a billionaire hedge fund manager and environmental advocate who has been championing the bill. “In listening to these people talk about how there is going to be rationing, I’m like, stop making up stories and start telling us what will happen under your scenario.”

“We are in the process of changing how we use energy in the United States of America,” Mr. Steyer added. “The way this happens is, the private sector comes up with new ideas, and people either like them or not.”

Mr. de León, the leader of the State Senate Democrats, said that he was preparing amendments to his bill to try to ease concerns. One amendment would give the Legislature more of a say over the final recommendation by the Air Resources Board.

Mr. Brown said that even if this bill were to be defeated, enough other legislation was already in place that he was confident of long-term victory.

“This is not the whole battle,” Mr. Brown said. “This bill has become a lightning rod. It’s important. But California is way down the road in terms of the thrust and momentum that has been building up for over a decade.”

Benicia posts additional Reference Documents on Valero Crude-by-Rail RDEIR

By Roger Straw, Benicia Independent Editor

This morning, I discovered that the City of Benicia posted 90 new documents on its website sometime AFTER the official August 31 release of the Recirculated Draft Environmental Report (RDEIR).

The City’s new page, “Revised Draft EIR Reference Documents” contains a variety of supporting documents, some of which are familiar and others which contain interesting new information.

Those who are carefully reading and reviewing the RDEIR should not rely on previous downloads or announcements that do not show the Reference docs.

Here is the link to the new page:  http://www.ci.benicia.ca.us/index.asp?SEC={CA5CAF51-2ABC-4E34-A195-C894F062FED7}&Type=B_BASIC&persistdesign=none

Benicia League of Women Voters to host oil train forum, 9/17

Repost from the Benicia Herald
[Editor:  See also calendar of events on LWVBenicia.org.  – RS]

LWV to host oil train forum

By Nick Sestanovich, September 4, 2015

As they have for most issues du jour in Benicia, the local chapter of the League of Women Voters will open the floor this month on the subject currently foremost on residents’ minds.

These days, that can only mean one subject: Valero’s proposed Crude-by-Rail Project.

The controversial project will be the subject of a LWV informational forum on Sept. 17.

In 2012, Valero applied for a permit to have crude oil delivered by rail car into its refinery. The move prompted an outcry from some residents over potential environmental and safety concerns.

The matter is currently before the city Planning Commission. Public input is being accepted until Oct. 15 on the latest environmental review of the project.

The goal of the forum, LWV Treasurer Judy Potter said, is to provide clarity in a nonpartisan way on a crucial, complicated topic.

“We’re not planning to present a pro-and-con argument on the crude-by-rail issue,” Potter said. “We’ll just be providing general information on what it is, where we are and what the planning process is.”

She said the forum will feature an overview by featured speaker Leslie Stewart, an energy and air quality reporter for the LWV Bay Area Monitor. Planning, policies and regulation related to the transportation of petroleum and other hazardous materials, particularly as it relates to Benicia, will also be discussed.

“People have lots of questions about how this project, if approved, will impact our community and surrounding communities,” Potter said. “It’s an issue that’s fraught with strong opinions from both sides, so it’s important for the community to get as much information as possible.”

The Sept. 17 forum will be from 6:30-8:30 p.m. at Southampton Swim Club, 10 Chelsea Hills Drive. It is free and open to the public.

Told to fix leaky oil train cars in 2 months, owners sought 3 years

Repost from McClatchyDC
[Editor:  Significant quote: “This year is already the second worst for oil spilled from trains since the federal government began collecting data 40 years ago….trains spilled about 1 million gallons in 2013 alone, vs. 800,000 in all the prior years combined….More than 600,000 gallons of oil has spilled from trains so far this year….”  – RS]

Told to fix leaky oil train cars in 2 months, owners sought 3 years

By Curtis Tate and Samantha Wohlfeil, September 2, 2015 

HIGHLIGHTS
• Washington state spills led to March order from federal agency
• Industry group asked for three-year extension
• Regulators gave owners until end of 2015

The wreckage of an oil train derailment in Mount Carbon, W.Va., still smolders 48 hours after the crash, on Wednesday, Feb. 18, 2015.

WASHINGTON  |  Railroad tank cars equipped with defective valves still will be allowed to transport crude oil and other hazardous materials through the end of the year, despite a March directive from federal regulators requiring their replacement within 60 days.

The Federal Railroad Administration order followed a Bellingham (Wash.) Herald story about a leaking oil train reported in Washington state in January. The Railway Supply Institute, trade group representing tank-car owners, wrote the agency in April asking for a three-year extension to replace the faulty valves on tank cars that carry hazardous materials.

About 6,000 tank cars were affected by the recall, issued on March 13. On May 12, the day of the original deadline, regulators wrote back to the trade group that the agency found no basis to give tank car owners until 2018 to comply, but nonetheless gave them until Dec. 31, an extension of more than six months.

Officials from the Railway Supply Institute couldn’t be reached to comment.

60   Number of days tank car owners had to comply
with March directive.

The federal order came about a month after crews discovered tank cars leaking from their top fittings while hauling crude oil through Washington state.

In mid-January, a 100-car train loaded with Bakken crude had 16 leaking cars removed at four different stops between northern Idaho and the Tesoro refinery in Anacortes, Wash.

As the train traveled west along the Columbia River, leaking cars were pulled as they were discovered; at each stop, the entire train was inspected before continuing on to the next location.

BNSF Railway, the train’s operator, said a total of 26 gallons of oil from 14 of the leaking cars was found only on the tops and sides of the cars, and no oil was found on the ground, in a report to the U.S. Department of Transportation.

Separately, the Federal Railroad Administration fined the owner of a North Dakota oil loading terminal $10,000 for a spill from a tank car that was discovered in November in Washington state. When the car arrived at a refinery for unloading, inspectors found it coated in oil and measured about 1,600 gallons missing.

State officials first learned of the spill a month after it happened, and no local officials were notified. In March, the Washington Utilities and Transportation Commission recommended $700,000 in fines against BNSF for failure to report 14 hazardous materials spills within the 30 minutes required by state law.

BNSF has disputed the state regulator’s findings. A hearing is scheduled for January.

Six major oil train derailments this year across North America have demonstrated the continued risks of large volumes of crude oil moving by rail.

Four of those derailments occurred in just four weeks in February and March: two in Ontario, one in West Virginia and another in Illinois. All involved large spills, fires and explosions, but no serious injuries.

Two less serious oil train derailments have occurred since, in North Dakota in May and Montana in July.

600,000   Number of gallons of oil spilled from trains
so far this year.

The rail industry and its regulators have been under pressure from lawmakers and the public to fix tank car vulnerabilities and take more steps to prevent derailments from happening.

The U.S. Department of Transportation issued its final rule on tank car standards for trains carrying oil, ethanol and other flammable liquids on May 1.

The new rule requires a tougher design for the tank cars, including thicker shells, more puncture resistance and thermal insulation to protect against prolonged exposure to fire.

It also requires existing tank cars be retrofitted to meet the new standards, depending on the level of hazard, within two to 10 years. Industry groups have challenged the new rule in court, saying it doesn’t give them enough time to complete the retrofit. Environmental groups have sued as well, saying it gives the industry too much time.

This year is already the second worst for oil spilled from trains since the federal government began collecting data 40 years ago.  A McClatchy analysis of the data last year found that trains spilled about 1 million gallons in 2013 alone, vs. 800,000 in all the prior years combined.

More than 600,000 gallons of oil has spilled from trains so far this year, according to a new analysis of data from the Pipeline and Hazardous Materials Safety Administration.

Wohlfeil writes for the Bellingham Herald and reported from Bellingham, Wash.