The issue: Bay Area city can’t see past its own back yard on refinery project
The city of Benicia — the only entity capable of exerting any control over the crude-oil shipments set to arrive at a planned expansion of a Valero oil terminal — has shown in a draft environmental impact report that any impact the terminal has on communities farther up the train tracks is none of its business.
THE PROPOSED project would allow Valero to transport crude oil to its Benicia refinery on two 50-car freight trains daily on Union Pacific tracks that come right through Davis, Dixon, Fairfield and Suisun City on their way to Benicia. The rail shipments would replace up to 70,000 barrels per day of crude oil currently transported to the refinery by ship, according to city documents.
The original draft EIR, released in 2014, didn’t adequately address safety and environmental concerns. Local governments — including the city of Davis, Yolo County and the Sacramento Area Council of Governments — weighed in on the draft, urging Benicia to take a second look.
Benicia withdrew the draft and went back to work, and the new document acknowledges the risks of pollution, noise and, oh yes, catastrophic explosions from oil trains, the likes of which leveled Lac-Mégantic, Quebec, in 2013.
Disappointingly, having recognized the issues involved, the report simply says there’s no way to mitigate them and recommends moving ahead. With a bureaucratic shrug of the shoulders, the concerns of communities from Roseville to Suisun City are dismissed.
NATURALLY, SACOG disagrees, and so do we. While it’s true that there’s not a lot Benicia can do itself to mitigate the impact of its project, it can force Valero to do something about it.
SACOG urges a raft of measures that are within Valero’s control: advanced notification to local emergency personnel of all shipments, limits on storage of crude-oil tanks in urban areas, funding to train emergency responders, cars with electronically controlled pneumatic brakes, money for rail-safety improvements, implementation of Positive Train Control protocols and, most importantly, a prohibition on shipments of unstabilized crude oil that hasn’t been stripped of the volatile elements that made Lac-Mégantic and other derailments so catastrophic.
Due to federal laws, cities along the railway lines have no ability to control what goes through. Only Benicia, now, while the project is still on the drawing board, has the authority to set reasonable limits and conditions on a project that puts millions of people along the railroad in harm’s way.
We urge the Benicia City Council to use its discretionary authority in this matter to protect those of us who have no say in the process.
Long-awaited reissue cites ‘significant’ environmental impacts; public given 45 days to comment
By Nick Sestanovich, September 1, 2015
“Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.” – The Recirculated Draft Environmental Impact Report on Valero’s Crude-by-Rail Project
The long-awaited revision of the draft Valero Crude-by-Rail Project Environmental Impact Report was released Monday, almost a full year after California’s attorney general and others publicly challenged the scope and accuracy of the document.
The new report cited additional negative environmental effects of the project pertaining to air quality, greenhouse gases, protected species and more, expanding its scope to cover impacts for more “uprail” communities — and finding “significant and unavoidable” effects that would result from approval of the project.
The “recirculated” report (RDEIR) is just the latest development in Valero’s three-year battle to bring crude oil deliveries to its Benicia refinery by train. The proposal for a use permit to extend Union Pacific Railroad lines into its property so crude oil could be delivered by rail car, initially submitted to Benicia Planning Commission in late 2012, triggered an uproar over environmental and safety concerns, which prompted the drafting of an Environmental Impact Report.
The document, released in 2014, was criticized by many, including Attorney General Kamala Harris and state Sen. Lois Wolk, D-Davis, who felt the report’s focus on the 69 miles of rail between Benicia and Roseville didn’t adequately convey the scope of the project’s potentially negative impacts.
The RDEIR addressed these concerns by expanding the range of its focus beyond Roseville to three new routes: the Oregon state line to Roseville; the Nevada state line to northern Roseville; and the Nevada state line to southern Roseville.
In the process, the report uncovered more significant environmental impacts.
The refinery has said it expected 50 to 100 additional rail cars to arrive up to twice a day, brought in at a time of day when there would be little impact on traffic. The trains would carry 70,000 barrels of North American crude each day, replacing shipped barrels from foreign sources, the refinery said in its use permit application.
The DEIR had initially noted that greenhouse gas emissions generated by the Crude-by-Rail Project would be “less than significant.” The RDEIR updated the risk level of direct and indirect greenhouse gas emissions to “significant and unavoidable,” specifically if trains used the line from Oregon to Roseville, which would travel a round-trip distance of 594 miles per day.
Additionally, the RDEIR found that the project would conflict with Executive Order S-3-05, signed by Gov. Arnold Schwarzenegger in 2005, which aims to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050.
The revised report also found that nitrogen-oxide levels would increase in the Yolo-Solano region, among other areas, and that nitrogen emissions in Placer County “would exceed the cumulative 10-pounds-per-day significance threshold.”
Biological resources are another area of concern. According to the report, crude-by-rail trains could have “potential impacts to biological resources along any southern route,” that “could include collision-related injury and mortality to protected wildlife and migratory bird species.”
Finally, the RDEIR said, other hazards exist: If a train were to crash and result in a small oil spill, there would be a 100-percent chance of 100 gallons or more being released. Similarly, should a train crash in a high fire danger area, the risks would be inevitable.
As the report notes, “Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.”
Conversely, other areas of concern such as noise pollution and earthquakes, were found to have little or no significant impact.
“Valero’s effort to rush through their dangerous project and their long record of constant violations and fines of Bay Area Air Quality Management District emissions rules give many of us pause to reflect on the many risks associated with this project,” said Andres Soto, a Benicia resident and member of Benicians for a Safe and Healthy Community, a group formed to opposed the Crude-by-Rail Project.
“It is only due to the volume and detail of scope of all of the public comments received on the original Draft Environmental Impact Report (DEIR) that Benicia chose to recirculate a seriously flawed DEIR. California Attorney General Kamala Harris and many uprail communities, as well as many Benicians, including BSHC, identified many critical shortcomings with the original DEIR.
“Valero has shown nothing but intransigence and misinformation in the face of this opposition to its flawed proposal, thus we do not expect much to have changed in the RDEIR from the DEIR that would convince us that Valero and Union Pacific Railroad can make this project safe enough for Benicia. The risk of catastrophic explosions along the rail line and in Benicia, and the plan to process dirtier extreme crude oils strip-mined from Canadian tar sands and fracked in the Bakken shale formation is just too dangerous for our safety and our environment.
“We hope that after thoroughly reviewing the RDEIR, our Planning Commission and City Council will have the wisdom to deny this project for the good of Benicia, our neighboring communities and the good of our planet.”
A Valero representative was asked to comment on the newly released report but did not respond by press time Monday.
Copies of the RDEIR are available at Benicia Public Library, 150 East L St.; at the Community Development Department at Benicia City Hall, 250 East L St.; and as a PDF download on the city’s website, www.ci.benicia.ca.us.
Public comments on the RDEIR will be accepted by the city until Oct. 15 at 5 p.m. Comments may be submitted in writing to Amy Million, principal planner of the Community Development Department, 250 East L St., Benicia, CA 94510; or they may be given at formal public hearings on the project by Benicia Planning Commission, the first of which will be at 6:30 p.m. Sept. 29 at City Hall.
Additional Planning Commission meetings to receive comments on the RDEIR are scheduled for Sept. 30, Oct. 1 and Oct. 8.
If you live in Contra Costa County, you may have heard of a massive effort called the Northern Waterfront Economic Development Initiative, which aims to re-industrialize the coastline along the Carquinez Strait. However, it’s more likely you might not have heard about it, since it has been operating mostly behind closed doors, with minimal input from local residents.
Community Meeting: Our Vision of the Northern Waterfront – Saturday, August 15, 2015 at 10:00am-1:00pm, Nick Rodriguez Community Center Theater, 213 F St, Antioch, California 94509 RSVP for lunch reservation.
Launched in 2013, this initiative is an economic development revitalization “framework” led by Supervisors Federal Glover and Mary Piepho, and targets the towns of Hercules, Martinez, Concord, Pittsburg, Antioch, and Oakley, as well as unincorporated Rodeo, Crockett, Port Costa, Mountain View, Vine Hill, Clyde and Bay Point.Contra Costa is already the second most industrialized county in California, behind Los Angeles. Despite this dubious status, the Northern Waterfront initiative is a 20 year plan to permanently transform our county and bring even more industry here. The plan has no targets for renewable energy growth, no caps on cumulative emissions and no goals for attracting sustainable businesses. When county staff were recently asked about the “green” industries they planned to develop, the only example they could give was carpet recycling while this is technically “green” for the consumer, it leaves the dirt and chemicals in our communities.The Northern Waterfront initiative has failed to include voices of residents living in the affected industrial areas, and has instead chosen to focus on institutional “stakeholders” like local government and business associations. Instead of working with the community, the Northern Waterfront initiative treats us as an obstacle to be dealt with. Their “Competitive Assessment of Strengths, Weaknesses, Opportunities and Threats” (9/30/13) admits as a “weakness” that Residential land uses are incompatible with the needs of industry. Citizens in the area may protest more industry because their presence generally increases deleterious effects on the community such as traffic, noise and air pollution.In addition to affecting human health and safety, the Northern Waterfront Initiative also puts our coastline, water and natural environment at risk. For example, the plan itself is focused on water intensive businesses! It includes a feasibility study to dredge the Carquinez Strait from Richmond to Stockton, from 35 feet to 38 feet. Funded by Contra Costa County, Western States Petroleum Association and the Port of Stockton, the dredging will allow oil barges to fill to capacity and bring even more oil into the Bay. Dredging has a number of hazards: it can increase salinity into the Delta (a shortsighted move during a drought), and it would release a century of buried toxins into our Bay.The Northern Waterfront initiative has projected various numbers of jobs created — one 20-year prediction was 5,000 jobs, another was 18,000 jobs. But what kind of jobs? And will workers want to live in an even more unhealthy and highly industrialized community? The Northern Waterfront initiative is not a plan to transition away from the old fossil fuel economy, but just more “business as usual,” despite the well-documented fact that the transition to renewable energy is an opportunity for job growth. Stanford engineer Mark Jacobson has established that if California transitioned to 100% renewable energy, it would create over 450,000 jobs statewide (Source: www.solutionsproject.org).Please join us at August 15th community meeting where a representative and consultant of the county will be presenting the Initiative, and county and local gov’t officials have been invited. More importantly, join us to share our vision beyond fossils fuels.
We need your support in letting people know about this event. To access event flyers and other media tools, you can use for a Facebook post, email blast or newsletter insert, please go to: http://bit.ly/NWMedia. We appreciate any efforts you can make to get the word out.For more information, please call 925-709-4295 or email firstname.lastname@example.org
Future Blast Zones? How Crude-By-Rail Puts U.S. Communities At Risk
By Steve Early, March 23, 2015
The transport of petroleum via rail is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone.
Richmond, California began life more than a century ago as a sleepy little railroad town. It was the second place on the eastern shore of San Francisco Bay where a transcontinental rail line connected with ferries, to transport freight and passengers to San Francisco. Now a diverse industrial city of 100,000, Richmond is still crisscrossed with tracks, both main lines and shorter ones, serving its deep-water port, huge Chevron oil refinery, and other local businesses.
Trains just arriving or being readied for their next trip, move in and out of a sprawling Burlington Northern Santa Fe (BNSF) rail yard located right next to the oldest part of town. Some train formations are more than 100 cars long. The traffic stalls they create on nearby streets and related use of loud horns, both day and night, have long been a source of neighborhood complaints. Persistent city hall pressure has succeeded in cutting horn blasts by about 1,000 a day, through the creation of several dozen much appreciated “quiet zones.” No other municipality in California has established so many, but only after many years of wrestling with the industry.
Despite progress on the noise front, many trackside residents continue to experience “quality of life” problems related to the air they breath. Some of their complaints arise from Richmond’s role as a transfer point for coal and petroleum coke (aka “pet coke”) being exported to Asia. As one Richmond official explained at a community meeting in March, these “climate wrecking materials” wend their way through the city in open cars—leaving, in their wake, houses, backyards, and even parked cars covered with a thick film of grimy, coal dust. Coal train fall-out has become so noisome in Richmond that its seven-member city council—now dominated by environmental activists— wants the Bay Area Air Quality Management District (BAAQMD) to mandate the use of enclosed cars.
This would seem to be a no-brainer, public health-wise. But the track record of this particular governmental agency—in any area related to public health and safety—has not been confidence inspiring lately. The BAAQMD is already complicit with the creation of Richmond’s most troubling new fossil fuel hazard in recent memory. For the last year, that threat has been on display, as far as the eye can see, at BNSF, which is owned by Nebraska billionaire Warren Buffett. Buffett’s rail yard has been filled with hundreds of black, tubular metal tank cars containing a particularly volatile form of crude oil that’s come all the way to Richmond from the new energy boomtowns of North Dakota.
Buffett’s Bomb Trains
The arrival of this highly volatile petroleum product is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone. In addition to these spectacular non-fatal accidents, mostly occurring in uninhabited areas, North America’s most infamous crude-by-rail disaster took the lives of 47 people in July, 2013. That’s when a runaway train—improperly braked by its single-man crew—barreled into Lac-Megantic, Quebec, leveling all of its downtown.
Despite this alarming safety record, the BAAQMD has allowed Kinder Morgan, a major energy firm, to store up to 72,000 barrels per day at a Richmond facility leased from the BNSF; from there, it’s loaded tank trucks bound for the Tesoro Golden Eagle Refinery in Martinez, CA., (which has been shutdown recently due to a nationwide strike by the United Steel Workers). Before issuing the necessary permit for bringing Bakken crude into Richmond, the BAAQMD gave no prior notice, held no public hearings, and conducted no review of any possible environmental or health impacts.
Aided and abetted by regulatory lapses at multiple levels of government, this stealth approach has served the oil industry well. The precipitous drop in petroleum prices has recently made rail transport of Bakken crude less cost effective (leading to a curtailment of Bay Area shipments). But, prior to that temporary reprieve, the number of rail cars commandeered nationally for this purpose jumped from 9,500 six years ago to 500,000 last year. As labor and environmental critics have pointed out, the Achilles Heel of crude-by-rail everywhere is the aging condition and structural weakness of most tank cars, designed and used, in the past, for hauling less hazardous rail cargo.
Even newer, supposedly safer tank cars have failed to protect the public from the consequences of oil train collisions, rollovers, tank car ruptures, and spills. The total amount of oil spilled in 2013, due to derailments, was greater in volume than all the spills occurring in the U.S. during the previous forty years. On February 17, a major accident in West Virginia triggered a fire that burned for five days, forced the evacuation of two nearby towns, and seriously threatened local water supplies.
Trackside communities like Richmond lack sufficient legal tools to avert such disasters in the future, because rail safety enforcement rests with the federal government. Among its other foot-dragging, the U.S. Department of Transportation has failed to mandate tank car modernization and upgrading in timely fashion. As for the BAAQMD, according to Communities for a Better Environment (CBE) organizer Andres Soto, that agency may be “legally responsible for protecting Bay Area air quality but it really just acts as a tool of industry.”
A Contested Permit
CBE, the Sierra Club, and Asian Pacific Environmental Network filed suit last year to block Kinder-Morgan’s operation in Richmond. A superior court judge in San Francisco ruled that their challenge to the BAAQMD’s permit-granting authority wasn’t timely, a decision still under appeal. The Richmond City Council supported the permit revocation and urged Congress to halt all Bakken crude transportation by rail until tougher federal safety rules were developed and implemented
In the meantime, concerned citizens of Contra Costa County began fighting back, first by educating themselves about the dangers of crude by rail and then mobilizing their friends and neighbors to attend informational meetings and protests. Last March, Richmond’s then mayor, Gayle McLaughlin, a California Green, hosted a community forum that featured Marilaine Savard from the Citizens Committee of Lac-Megantic, and Antonia Juhasz, a leading writer and researcher about oil-related hazards. “The oil industry is far too powerful,” Savard told 150 people packed into the storefront headquarters of the Richmond Progressive Alliance. “The first duty of government should be to protect citizens, not shareholders.”
Since that event, CBE organizer Soto has been on the road, sounding the alarm before audiences throughout the county. In his power-point presentation, he highlights maps illustrating how big the “blast zones” would be in Richmond and other refinery towns if crude-by-rail triggered a fire and explosion on the scale of Lac-Megantic’s. Last September, direct actionists from the Sunflower Alliance and other groups took the fight directly to Kinder Morgan’s front door. Eight activists locked themselves to a gate leading to the facility; along with other supporters, they succeeded in disrupting truck traffic for three hours. After negotiations between Richmond police and BNSF security personnel, the protestors were allowed to leave without being arrested for trespassing.
Rail Labor And Environmentalists Meet
In the wake of recent high-profile oil train wrecks in West Virginia and Illinois, Richmond played host last weekend to more than 100 railroad and refinery workers, other trade unionists, community organizers, and environmentalists. They were attending the first of two regional strategy conferences sponsored by Railroad Workers United (RWU) and allied groups. RWU is national rank-and-file organization that seeks to build greater unity among rail industry craft unions long prone to bickering, back stabbing, and estrangement from potential non-labor allies.
“As railroaders,” the RWU declares, “we know that the safest means of transport is the railroad—far safer than roads and highways, inland waterways, and even pipelines. But the rail industry has taken advantage of a lax regulatory environment, conservative pro-business governments and weakened unions across North America to roll the dice on safety. It’s time for railroad workers, community, and environmental activists to come together and take a stand.”
One joint project discussed at the March 15 conference is the fight against single employee train crews. After Lac-Megantic was destroyed, the Canadian government banned one-person crews on trains hauling hazardous materials. In the U.S, carriers, big like BNSF continued to seek union approval for staffing reductions (while insisting that transport of crude oil, ethanol, or other flammable cargo would still require two person crews). To stop any further rail labor slide down this slippery slope, RWU rallied conductors to reject a deal their union negotiated with BNSF last year that would have permitted one-person crews.
Other safety concerns raised at the Richmond meeting included crew fatigue and railway attempts to cut labor costs by operating trains that are longer, heavier, and harder to stop in emergency situations. “Recent oil train derailments are directly linked to the length and weights of trains,” argued Jeff Kurtz, a railroad engineer from Iowa who spoke at the Richmond meeting. “The railroads know how dangerous it is to have 150-ton tank cars running on a 8,000 foot train.” Kurtz expressed confidence that “we can address these problems in a way that would improve the economy and the environment for everyone, “ if labor and climate change activists continue to find common ground.
RWU organizers are holding a second educational conference on March 21 in Olympia, Washington. According to Seattle switchman-conductor Jen Wallis, this kind of “blue-green” exchange, around rail safety issues, has never been attempted before in the Pacific Northwest. “Rail labor hasn’t worked with environmentalists to the degree that steelworkers and longshoreman and teamsters have, “ Wallis says. “It’s all very new.”
Steve Early is a former union organizer who lives in Richmond, California. He is the author, most recently, of Save Our Unions from Monthly Review Press. He is currently working on a new book about labor and environmental issues in Richmond.