Tag Archives: California Public Utilities Commission (CPUC)

Vallejo Times-Herald: Attorney General blasts Benicia crude-by-rail project

Repost from The Vallejo Times-Herald

California Attorney General Kamala Harris blasts Benicia crude-by-rail project

By Tony Burchyns, 10/08/2014

California Attorney General Kamala Harris has blasted Benicia’s environmental review of Valero’s crude-by-rail project, claiming it underestimates safety risks and relies on an overly broad definition of trade secrets in failing to disclose the types of volatile crudes to be shipped.

In a letter to the city last week, Harris said Benicia’s safety analysis was inadequate because it only considers “a fraction” of the rail miles that would be traveled by oil trains headed to the city’s Valero refinery. Harris also faults the city for relying on Valero’s “unenforceable” promise to use newer, safer tank cars that are not currently required by federal regulations.

The letter follows similar critical comments from the state Department of Fish and Wildlife’s Office of Spill Prevention and Response and the Public Utilities Commission. Those agencies called on the city to redo its safety analysis before allowing the refinery to receive two 50-car oil trains a day that would travel through Roseville and other parts of Northern California.

Also, the Sacramento Area Council of Governments, the cities of Davis and Sacramento and the University of California at Davis have sent letters to Benicia expressing concerns about the project.

Valero is seeking city permits to build a rail terminal that would allow the refinery to receive up to 70,000 barrels of crude daily from North American sources such as the Bakken shale in North Dakota and tar sands in Canada.

According to Valero, the rail shipments would replace oil deliveries by boat and allow the refinery to remain competitive on the West Coast.

Benicia is one of at least 12 crude-by-rail related projects that are either operational or being considered in California — including in Richmond, Pittsburg, Martinez, Santa Maria, Stockton, Los Angeles, Bakersfield, Wilmington and Sacramento, according to the attorney general’s office.

Harris, whose duties include enforcing the California Environmental Quality Act, contends the city’s project analysis fails to analyze air pollution impacts from the foreseeable change in crude oils that would be processed at the refinery. It also faulted the city for limiting the scope of its rail safety analysis to 69 miles of track between Roseville and Benicia, and failing to consider cumulative impacts from other crude-by-rail projects proposed in California.

The letter also criticized the city’s finding that the risk of train spills of more than 100 gallons between Roseville and Benicia would be once in 111 years. Critics have said the analysis is flawed because it relies on rail safety data that predates the nation’s crude-by-rail boom.

“This boom in crude oil being transported by rail has corresponded with a major increase in the number of accidents involving such trains,” the letter states. “In 2013 alone, trains spilled 1.1 million gallons of crude oil, a 72 percent increase over the total amount of oil spilled by rail in the nearly four previous decades combined.”

The letter cites notorious spills such as the July 2013 derailment and explosion in Quebec that killed 47 people and destroyed a downtown. Other derailments in Aliceville, Ala., Casselton, N.D., and Lynchburg, Va. resulted in explosions and fires.

Harris also said the city’s nondisclosure of the characteristics of the crude oil to be processed at the refinery undermines states environmental laws by preventing the public to assess the nature of the project’s risks. Further, Harris said the broad grant of trade secret protection conflicts with recent decisions this year by state and federal agencies that the characteristics of crude oil traveling by rail should be publicly released.

“Benicia’s nondisclosure of this information deprives both the public and Benicia officials of the informed decision making process that is the ‘heart’ of (the California Environmental Quality Act),” the letter states.

Benicia has declined to comment on letters received during the report’s public comment phase. However, the city plans to respond to written and verbal comments before the project’s next public hearing.

Sacramento Bee: Attorney General challenges Benicia oil train analysis

Repost from The Sacramento Bee

California Attorney General Kamala Harris challenges Benicia oil train analysis

By Tony Bizjak, Wednesday, Oct. 8, 2014
Oil train
A crude oil train operated by BNSF snakes its way through James, California, just outside the Feather River Canyon in the foothills of Sacramento Valley, on June 5, 2014. The potential environmental and safety risks posed by such trains continues to elicit debate. | Jake Miille / Special to The Bee/Jake Miille

California Attorney General Kamala Harris has joined the list of state and local government officials challenging Benicia’s review of plans to bring crude oil on trains to a local refinery.

In a letter last week to Benicia, Harris said the city’s draft environmental impact report “fails to properly account for many of the project’s potentially significant impacts.”

Benicia is conducting an environmental review of a plan by Valero Refining Company to build a crude oil transfer station on its Benicia plant site, so it can transport two 50-car crude oil trains a day through Northern California to the refinery for processing.

In the report, Benicia officials conclude the project’s oil spill risk along the rail line is insignificant. The state Office of Spill Prevention and Response and state Public Utilities Commission already have challenged the report, calling it inadequate. The Sacramento Area Council of Governments has challenged Benicia’s analysis, as well. All three criticize the Benicia report for only looking at the spill risks between Roseville and Benicia, failing to study rail lines all the way to the state border.

Harris’ letter repeats most of the earlier criticisms, including the contention that the report “underestimates the probability of an accidental release from the project by considering only a fraction of the rail miles traveled when calculating the risk of a derailment.”

“These issues must be addressed and corrected before the City Council of Benicia takes action” on the project,” Harris states.

The letter is one of hundreds Benicia officials said they received in the past few months in response to their initial environmental study. Benicia interim Community Development Director Dan Marks said the city and its consultants would review the comments and prepare responses to all of them, then bring those responses to the city Planning Commission for discussion at an as-yet undetermined date.

Under the Valero proposal, trains would carry about 1.4 million gallons of crude oil daily to the Benicia refinery from U.S. and possibly Canadian oil fields, where it would be turned into gasoline and diesel fuel. Valero officials have said they hope to win approval from the city of Benicia to build a crude oil transfer station at the refinery by early next year, allowing them to replace more costly marine oil shipments with cheaper oil.

Crude oil rail shipments have come under national scrutiny in the last year. Several spectacular explosions of crude oil trains, including one that killed 47 residents of a Canadian town last year, have prompted a push by federal officials and cities along rail lines for safety improvements.

A representative for the attorney general declined comment when asked if Harris would consider suing Benicia to force more study of the project.

“We believe the letter speaks for itself,” spokesman Nicholas Pacilio said. “We expect it will be taken seriously.”

California to inspect railroad bridges for first time – will take 50 years to inspect all at this rate

Repost from The Sacramento Bee

Concerned about safety, California to inspect railroad bridges for first time

By Tony Bizjak, Oct. 6, 2014
GP134SVOC.3Staff Photojournalist
Support beams are rusted underneath the Muir Trestle Bridge at Alhambra. Jose Carlos Fajardo / Bay Area News Group

For more than a century, California has relied on assurances from railroad companies that thousands of rail bridges across the state, from spindly trestles in remote canyons to iron workhorses in urban areas, are safe and well-maintained to handle heavy freight traffic.

That era of trust is over. Concerned about the growing number of trains traversing the state filled with crude oil and other hazardous materials, the California Public Utilities Commission is launching its first railroad bridge inspection program this fall. Federal officials say it will be the first state-run review of privately owned rail bridges in the country.

The goal, the PUC says, is to end what a recent report called the “dearth of information on the structural integrity of California’s railroad bridges.” Almost all train bridges in the state are owned and maintained by private railroads. Federal rules require railroads to inspect those bridges annually.

One of those private bridges, the 103-year-old I Street Bridge in downtown Sacramento, sits in the heart of a heavily populated area, straddles an important public waterway, and also carries thousands of cars daily. Another, the dramatic Clear Creek Trestle in the Feather River Canyon, carries trains through remote, rugged terrain where the risk of derailment is relatively high. Both bridges are expected to be conduits for increased hazardous material shipments.

“I don’t mean to criticize the railroads’ programs, but for the public to have the confidence that bridges are in good shape, our role is to offer oversight,” said PUC Rail Safety Deputy Director Paul King. “Given the heightened risk of one of these crude oil trains derailing and given the projections of a significant increase in tonnage across these bridges, we need to fulfill this role.”

It will be a limited program, however. The PUC, which is responsible for assuring safe rail systems in California, is hiring two bridge inspectors this fall for the massive task of verifying the integrity of an estimated 5,000 bridges statewide. Those inspectors are expected to conduct visual inspections at bridges and to audit railroad companies’ inspection and maintenance programs.

They are among seven new rail safety division inspectors being hired from funds allocated this summer by Gov. Jerry Brown’s administration and state legislators. The funding is a direct result of growing fears at the state Capitol and in cities along the rail lines about the potential for derailments and explosions as more crude oil trains begin rolling through the state. A crude oil train explosion last year in Canada killed 47 people.

The other new hires will be used to bolster existing utilities commission teams of track, equipment and train inspectors. Track and rail car inspections are one of the few regulatory functions states are allowed in dealing with railroads, working in conjunction with the Federal Railroad Administration, which maintains regulatory control over rail operations nationally.

The launch of a bridge inspection program comes amid ongoing criticism of the PUC after a catastrophic 2010 gas line explosion in San Bruno in which eight people were killed and 38 homes destroyed. Critics say the PUC wasn’t adequately overseeing Pacific Gas and Electric Co.’s pipeline maintenance and inspection efforts. The National Transportation Safety Board cited “CPUC’s failure to detect the inadequacies of PG&E’s pipeline integrity management program.”

Mindy Spatt of The Utility Reform Network, a consumer advocacy group and PUC watchdog, said she is not familiar with the rail bridge inspection program, but that the commission needs to be proactive and independent to protect the public.

“We would hope one thing the PUC has learned is its job is not to trust utility companies, but to oversee them,” Spatt said. “When the PUC doesn’t do its job, there can be really disastrous results.”

Bridge failures are rare, safety officials say, but consequences are potentially huge. The largest chemical spill in California history, in Dunsmuir in 1991, involved a train derailment on the curving Cantara Loop bridge that poisoned more than 40 miles of the Sacramento River. The bridge structure did not fail, but it has since undergone major modifications to reduce chances of another derailment.

The PUC bridge inspection program faces a notable upfront challenge. The commission does not yet have a comprehensive list of railroad bridges in the state, and may struggle to come up with one that includes detailed design specifications and load capacities on all bridges. PUC officials are negotiating with Union Pacific and BNSF railroads to gain access to their in-house bridge inventories.

To help fill out its inventory, the PUC said it may resort to Google searches, including tapping an amateur bridge fan website, www.bridgehunter.com.

The two bridge inspectors likely will work as a team. PUC officials calculate that the two of them can view two bridges a day, two days a week. The other three days will be for travel and report writing. “At a rate of 98 bridges per year, it would take approximately 50 years to complete inspections,” the PUC said in a report last month on its bridge review plans.

Those numbers are “intimidating,” but the job is not as improbable as it seems, King said. The PUC inspectors, like federal bridge inspectors, will serve largely in a safety review role, making sure the railroad companies are doing their jobs. Although they will visit bridges and look them over, they will not have the time or equipment to conduct full, detailed inspections.

“This is an oversight situation,” King said. “We are looking at the railroads’ inspection program, trying to verify it. Our inspectors’ role is to do spot checks. We may find that we need more inspectors. It is hard to tell at this point. We are plowing new ground.”

For their part, Union Pacific and BNSF, the state’s two major railroads, say they spend substantial time and money making sure bridges are in good shape. Union Pacific said it has six full-time, two-person crews supported by more than 50 bridge maintenance employees in California.

“Safety is just as important to Union Pacific as it is to anyone,” the railroad said in an email. “Our hope is that the CPUC continues to recognize and support this important element of our safe and efficient freight transportation efforts.”

BNSF officials say they inspect their 1,100 railway bridges in California two or three times a year, more than required by the Federal Railroad Administration, as well as after major events such as earthquakes and storms.

“BNSF is committed to ensuring that we operate on a safe and reliable rail network and therefore invests millions of operating and capital dollars annually into routine and major rehabilitation, repair, and upgrading of railway bridges and structures in California,” BNSF spokeswoman Lena Kent said in an email.

The PUC plans to come up with a priority list by year’s end of 30 key bridges for initial visits next year. This list will include bridges that have the highest probability of failure based on age, materials, design, traffic and other risk factors, such as proximity to an earthquake fault. The PUC will merge that list with an analysis of which bridges have the highest potential for negative outcomes if they fail. Those may include bridges used frequently by trains carrying hazardous materials, as well as bridges near schools, hospitals and population centers.

The calculation also will include bridges that cross sensitive waterways, such as the Feather, American and Sacramento rivers that carry drinking water for Northern California.

PUC officials say they hope to have inspectors looking at the first 10 to 15 bridges in the first half of 2015. The rest in the priority group would be inspected by the end of 2015.

A Federal Railroad Administration official said his agency welcomes California’s decision to inspect bridges.

“California already has the largest involvement in our safety program and we welcome the addition of more state assistance,” said spokesman Michael Booth. “It’s what we call a force multiplier.”

Benicia Valero Crude-by-Rail comment period closes with a landslide of criticism

By Roger Straw

The Benicia Independent makes it easier for you to read comments of INDIVIDUAL state and regional agencies and organizations. See our updated Project Review page (or just see below).

Something UNUSUAL happened in Benicia on September 15, the final day of the public comment period on the Draft EIR on Valero’s Crude By Rail proposal. I understand that opponents of a project will almost always wait until the last day to submit public comments. But not only did a remarkable NUMBER of critical comments arrive in the City of Benicia’s inbox on September 15 – there was a dramatic landslide of comments from significant governmental agencies and environmental organizations, including…

Also highly significant on September 15 were written comments from four of Benicia’s Planning Commissioners: Steve Young, George Oakes, Susan Cohen Grossman and Belinda Smith.

Prior to September 15, the City also received critical comments from the

These documents are also downloadable from Project Review.