RODEO — A second organization has sued to block a propane and butane recovery project at a Rodeo refinery, and a third announced it would do so as well Thursday.
Rodeo Citizens Association filed suit Thursday in Contra Costa Superior Court, Martinez against Contra Costa County and the Phillips 66 Co., contending Phillips wants to transport heavy and dirty tar sands crude by rail from outside the state to a sister refinery in San Luis Obispo County and pipe the semi-refined oil to Rodeo. The association further contends that a county-approved Environmental Impact Report fails to note that the project would increase air pollution and greenhouse gas emissions.
On Wednesday, Communities for a Better Environment sued the county and Phillips 66, contending the project is part of a grander plan to process heavy, dirty tar sands crude that would come to California by rail.
Phillips 66 spokesman Paul Adler said Thursday he had not seen the Rodeo Citizens Association suit and therefore could not comment on it. On Wednesday, commenting on the CBE suit, Adler had called that organization’s allegations “inaccurate and misleading.”
“Following two years of careful analysis by the Contra Costa County board (of Supervisors) and its expert staff, claims that this project is a crude by rail project were dismissed,” Adler said Wednesday.
Also on Thursday, Safe Fuel Energy Resources of California, a group representing workers at the Rodeo refinery, sued the county and Phillips 66 in Superior Court, Martinez, according to an announcement by the firm Public Good PR LLC. The group contends, among other allegations, that Phillips 66 wants to bring in tar sands crude from out-of-state and that the county improperly “piecemealed” its review of the Rodeo project from other Phillips 66 projects and neglected to analyze the cumulative levels of the various projects on air quality and human health and safety.
The timing of Safe Fuel Energy Resources’ filing was not known as of late Thursday.
Citizens Risk Arrest to Halt Operations at Richmond Oil Train Terminal: Call on Air Quality Agency to Reverse Illegal Permit, Protect Public Health
By Eddie Scher, risingtidenorthamerica.org, September 4, 2014
[Richmond, CA] Today more than a dozen Bay Area citizens chained themselves to a gate at the Kinder Morgan rail terminal in Richmond to stop operations. The citizens risked arrest to protest mile-long oil trains that threaten the safety of area residents and are a massive new source of air and carbon pollution in the region.
Among the demonstrators were residents of Richmond, Rodeo, Martinez, and Benicia, all towns that currently see dangerous oil trains moving through residential areas. Earlier this year the regional air quality agency, known as the Bay Area Air Quality Management District, changed an existing permit to allow oil trains at the rail facility. Demonstrators contend that the agency broke the law when it modified the existing permit without additional environmental and safety review.
On Friday the San Francisco Superior Court will hold a hearing on a lawsuit filed by groups challenging the legality of the permit change and asking for a halt to oil train operations at the facility.
“I work with Richmond residents who already struggle with cancer, asthma and other devastating health impacts of pollution. Now they are living with bomb-trains full of explosive Bakken crude oil driving through their neighborhoods. By allowing this to happen, BAAQMD is failing to protect us and choosing Kinder Morgan’s profits over our safety,” said Megan Zapanta, Asian Pacific Environmental Network Richmond Community Organizer.
“People in Richmond are angry that the Air District, who are supposed to protect us, instead has put our community at catastrophic risk along with all the uprail communities. This irresponsible behavior must be stopped NOW!” said Andres Soto, organizer with Communities for a Better Environment.
“It’s unacceptable and illegal that the Air District allowed Kinder Morgan to bring explosive Bakken oil by rail from North Dakota without going through the processes established by state law to protect air quality and the safety of families in Pittsburg, Martinez, Crockett, Rodeo, Benicia, and Richmond. We demand that all operations related to oil by rail at Kinder Morgan stop immediately,” says Pamela Arauz, on behalf of Bay Area Refinery Corridor Coalition.
“The law in the State of California requires public agencies like the Air District to inform the public of projects like the Kinder Morgan Bomb Train operation. Not only that, the law requires an environmental review and public input into the process of issuing permits. The Air District broke the law when they secretly approved this dangerous project,” stated Denny Larson of Global Community Monitor.
“As the Bay Area Air District and other government agencies are failing to protect the health and lives of communities from the reckless shipments of crude oil by rail, the people are taking action to protect our communities,” said Bradley Angel, Executive Director of Greenaction for Health and Environmental Justice.
“The Air District took a reckless, illegal shortcut that puts our families at risk. We’ve seen what happens when one of these trains derails and catches fire, we can’t let that happen here,” said Ethan Buckner, US organizer with ForestEthics.
“Climate disruption is bearing down on us even faster because of the extreme extraction of tar sands and shale oil. With Bomb Trains carrying millions of gallons of that dangerous crude rolling on Bay Area rails, all of our lives are on the line. Instead of the alarming dead-end expansion of the fossil fuel industry we need a rapid transition to renewable energy now,” said Shoshana Wechsler of theSunflower Alliance.
“To be sure, we take the oil refineries’ contempt for fenceline communities for granted. But frankly, it was shocking to see how covertly BAAQMD threw our public health under the bus,” said Nancy Rieser, Co-founder, Crockett-Rodeo United to Defend the Environment (C.R.U.D.E.)
Repost from The Benicia Herald [Editor: Sue Kibbe also submitted her “Dream for Benicia” to the Benicia Planning Commission as a comment for the record on Valero Crude By Rail. – RS]
My dream for Benicia
by Sue Kibbe
I HAVE A DREAM THAT ONE DAY BENICIA WILL RISE UP and be known across the nation as the Little City that said “No” to Big Oil, putting human life and environmental stewardship above human greed and the insatiable quest for increased profits. What a proud day it would be if Benicia said the risk to the thousands living up-rail is too high a price to pay.
Because it is too high a price to pay. The effect on the environment from a spill or explosion would be an unmitigated disaster, a fire that cannot be extinguished, a toxic slick destroying every living thing.
Crude-by-rail has been called “a disaster in the making” by more than one expert. A railway safety consultant has warned, “We’ve got all kinds of failings on all sides, inadequacies that are coming to light because trains are blowing up all over the place.” The Federal Railroad Administration is able to inspect only two-tenths of 1 percent of railroad operations each year. With 140,000 rail miles across the nation, regular inspection of the tracks is impossible.
The Department of Transportation has yet to provide regulations for crude-by-rail transport. Expect pushback from the rail industry. Safety measures such as “positive train control” (PTC) were recommended 45 years ago, yet the technology operates on only a tiny slice of America’s rail network. The railroads have preempted local control and can make routing decisions without public disclosure.
Meanwhile, aging rail trestles and lines such as the one through Feather River Canyon — lines that were never constructed for such heavy traffic — continue to be used with greater frequency. The New York Times reported last month that “400,000 carloads of crude oil traveled by rail last year . . . up from 9,500 in 2008. . . . From 1975 to 2012, federal records show, (railroads) spilled 800,000 gallons of crude oil. Last year alone, they spilled more the 1.15 million gallons.”
Scott Smith, a scientist whose work has focused on oil spills, has studied samples of the Bakken crude oil from three accident sites. He may be the only expert outside the oil industry to have analyzed this crude. All the samples he studied share the same high levels of volatile organic compounds (VOC) and alkane gases in exceptional combinations. Smith says 30 percent to 40 percent of Bakken crude is made up of toxic and explosive gases. “Any form of static electricity will ignite this stuff and blow it up,” he said.
The Wall Street Journal, based on its own analysis, reported that Bakken has significantly more combustible gases and a higher vapor pressure than oil from other formations. Basically, its flash point is dangerously low, and a chain reaction from tank car to tank car is inevitable.
Examining the draft environmental impact report (DEIR)
Pay attention to the wording in Valero’s proposal: “The Project would not increase the amount of crude oil that can be processed at the refinery . . .” It never says the amount of crude oil that “is being processed” at the refinery. In the DEIR, page 3-2, it says: “The Refinery’s crude oil processing rate is limited to an annual average of 165,000 barrels per day (daily maximum of 180,000 barrels) by its operating permit.” That is a huge increase from the 70,000 barrels per day that it says are processed now. With the 70,000 by rail per day, add 18 vessels shipping 350,000 barrels per vessel — that equals 6,300,000 barrels, a total of 31,850,000 barrels per year — thus an increase in processing, and hence in emissions.
We have read in a Bay Area newspaper that “Valero was named by the U.S. Environmental Protection Agency this year as one of California’s top distributors of dangerous substances. It was second to the ConocoPhillips refinery in Rodeo as the most profligate disseminator of poisons in the Bay Area, releasing 504,472 pounds of toxic substances into the air, water or ground. It was the 10th biggest source of chemicals and pollutants in the state, according to (a) report released in January.
“Almost half of the violations cited by the (Bay Area Air Quality Management District) between 2011 and 2012 involved excessive short-term emissions and valve leaks on tanks.”
According to the DEIR, Section 4.1-23: An unmitigated, significant and unavoidable air quality violation, with a net increase in Nitrogen oxides and ozone precursor emissions would result from transporting crude by rail through the communities up-rail within the Sacramento Basin: in the Yolo-Solano, Sacramento Metropolitan and Placer County Air Quality Management Districts.
How can we, in good conscience — or even legally — violate the air quality of our neighbors to the north by authorizing these shipments? And not only would we affect their air quality, we also would authorize the transport of a highly toxic, corrosive, flammable material in 36, 500 tank cars, each weighing 143 tons when loaded with crude oil — an annual total of 1,460 locomotives weighing more than 7,150 tons when loaded — through these communities, over rails that were never built for and have never carried such heavy traffic, all for the sole purpose of satisfying human greed?
Valero’s net income rose 28 percent in the first quarter of 2014; net income to shareholders jumped to $828 million, while revenues rose to $33.6 billion. If you are telling me that Valero needs this project to stay competitive, you haven’t looked at the facts.
A closer look at ‘job creation,’ one of the claimed benefits to the community from crude-by-rail
The addition of 20 full-time jobs at the refinery will be the result of switching from crude by vessel to rail delivery. There will be 72 fewer vessel deliveries, in which crude is pumped directly from a ship at the dock into pipes and storage tanks in one operation. Instead, there will be 36,500 tank cars per year to be emptied at the refinery, coupling and uncoupling 100 tank cars per day.
Let’s be clear, these are HAZMAT jobs. Not only would you be unloading one of the most toxic substances on the planet, breathing in toxic “fugitive emissions” from the tank cars, you also would be in direct contact with the toxic emissions from 730 locomotives per year. The only thing appealing about these new jobs will be the “good pay” (they are never described as “good jobs”), because they are hazardous, arduous, truly nasty jobs.
Section 4.6.5 Impacts and Mitigation Measures: Greenhouse Gas Emissions
Another one of the project’s “benefits” much proclaimed by Valero is the reduction of greenhouse gas emissions. Valero states that crude by rail would “improve air quality in the Bay Area.” They are not lying — this is a carefully worded deception. The Bay Area Air Quality Management District is a huge area encompassing every county that touches the Bay, the entirety of every county except for Sonoma and Solano counties. This is the area in which they can legally claim to improve air quality.
The mitigating factor here is the reduced number of oil tankers traversing the Bay. What they calculated were the emissions from 72 ships that will no longer be sailing across 49.5 miles — from the sea buoy outside the Golden Gate to the Valero dock in Benicia and back out again. (That’s 99 miles total for each of the 72 tankers.) They were allowed to subtract those Bay Area emissions from the direct emissions that will be generated right here from construction of the rail terminal, the unloading of crude oil and the 730 locomotive engines moving through the Industrial Park.
This, then, gives Valero a “less than significant” increase in emissions (DEIR Table 4.1-5) — but in reality, while reducing emissions out in the Bay they will be increasing them right here where we live and breathe by 18,433 metric tons per year (DEIR Table 4.6-5). This may be legal in terms of the permitting process, and good news for sailboats on the Bay, but for the people of Benicia and especially for any businesses located in the Industrial Park, it is a terrible deal.
What people need to understand is that this “mitigation” in the “Bay Area” has been used to offset the very real pollution that will happen right here in our city. That pollution is not reduced by one particle, except on paper. To tell us that this is a “benefit” to Benicia is hugely hypocritical and a manipulation of the facts. Do not be deceived. Know that the pollution in this city will increase as a result of crude by rail, and the “mitigation” out in the Bay actually works against us. And if you have a business in the Industrial Park, you will be in the thick of it.
Further emissions and omissions
The DEIR, page 4.1-21, states: “. . . locomotives generate more emissions than marine vessels per mile, per 1,000,000 barrels of crude oil delivered each year, of ROG (reactive organic gas), NOx, (nitrogen oxide), CO (carbon monoxide), PM10 and PM25 (particulate matter of differing micron size).” Estimates are vague regarding all this pollution. We are supposed to take comfort, however, in the decrease in marine emissions from fewer oil tankers traveling from Alaska, South America and the Middle East, which according to this document is supposed to offset all but the lethal NOx from the trains. It’s fancy figuring, subtracting what is happening on the ocean blue from the reality of emissions from 1,460 locomotives, each traveling more than 1,500 miles, that would be added to the terrestrial U.S., directly to hundreds of communities, farms and forests along the railways. The impact would, in fact, be “significant and unavoidable.”
But all this is avoidable — if Benicia declares a moratorium on crude by rail.
I have a dream today . . . that could all too easily become tomorrow’s nightmare.
Sue Kibbe is a longtime resident of Benicia’s Highlands district.
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