Tag Archives: Sacramento Area Council of Governments (SACOG)

DAVIS ENTERPRISE: Area agencies oppose Valero oil train petition

Repost from the Davis Enterprise

Davis joins regional agencies in opposing Valero oil train petition

By Felicia Alvarez, July 10, 2016

In the latest addition to the turbulent saga of Valero Refining Company’s proposal to expand a crude oil-by-rail train route through the Sacramento-Davis region to a refinery in Benicia, the City of Davis, Yolo County, and the Sacramento Area Council of Governments have submitted formal letters opposing the Valero’s latest moves to approve the project.

The local agencies are joined by a formidable coalition opposing Valero’s project, including State Attorney General Kamala Harris, the cities of Oakland and Berkeley, and a number of air quality management districts.

The letters oppose Valero’s most recent steps to push through the crude-by-rail proposal and expansion of their Benicia refinery.

Last February saw the Benicia Planning Commission unanimously vote down the project’s environmental impact report. Valero decided to take it to the federal level, petitioning the Surface Transportation board for a federal preemption [by] the railroads.

Preemption would allow the company to expand its operations to transport oil through Davis along Interstate 80 toward the refinery in Benicia. It would also include routes that travel to San Luis Obispo, Bakersfield, and several other projects in Oregon and Washington.

The route of the most local concern would see 100-car trains travel through Old East Davis, downtown Davis, and the south end of UC Davis each day.

Last Friday, the City of Davis delivered its own letter to the Surface Transportation Board opposing Valero’s proposal. The city signed alongside Yolo County, Oakland, Berkeley and SACOG.

Fighting to maintain local control of planning and zoning management of the proposal in the interest of public safety, the letter states:

“Valero’s complaints do not actually pertain to rail operations at all. They pertain to the operations of oil refineries within California, refineries that wish, for their own financial benefits, to be exempted from compliance with state and local environmental and planning laws.”

The local agencies go on to argue that granting preemption is outside of the role of the board to rule on an oil refinery’s obligations.

The Yolo Solano Air Quality Management District decried Valero’s petition as well, drafting a letter alongside the Butte, Sutter, Placer, Sacramento, Shasta and Bay Area air quality management districts. 

The letter points to the project’s revised draft environmental impact report, which lists the additional air quality impacts that would be felt across multiple air districts if additional railcar trips were made across the region.

” … federal preemption prohibits the mitigation of project emissions either directly from locomotives or indirectly through the purchase of emission offsets,” the letter states, adding that this is what prompted the air quality districts to oppose the petition.

Yolo Solano AQMD’s letter goes on to echo the city’s argument that Valero is not a rail carrier, and therefore is not eligible to receive a preemption on the railroads from the Surface Transportation Board.

The Benicia City Council is slated to give the oil train proposal another hearing in September.

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Davis Enterprise Editorial: Benicia washes its hands of us

Repost from the Davis Enterprise

Our view: Benicia washes its hands of us

By Our View | November 15, 2015

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.

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“Uprail” government agencies critical of Valero Benicia environmental report

Repost from the Fairfield Daily Republic

Safety still a primary concern with Valero rail transport plan

By Kevin W. Green, November 07, 2015
The Valero oil refinery operates, Friday, Sept. 25, 2015, in Benicia.  (Steve Reczkowski/Daily Republic file)
The Valero oil refinery operates, Friday, Sept. 25, 2015, in Benicia. (Steve Reczkowski/Daily Republic file)

FAIRFIELD — Most of those who provided formal comments on the revised draft environmental impact report for the Valero crude-by-rail project in Benicia focused on a need for increased safety and possible mitigation measures.

The city of Benicia Planning Department received plenty of input leading up to last week’s deadline for submitting written comments on the revised report.

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 downtown Davis on their way to Benicia. The trains also pass through Dixon, Fairfield and Suisun City.

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 Valero refinery would continue to receive crude by pipeline, the city said.

Among the written comments submitted on the revised impact report was an eight-page response from the Sacramento Area Council of Governments. The agency responded on behalf of the 22 cities and six counties in its jurisdiction, including the city of Davis and Yolo County.

“Our earlier letter expressed grave concern that the DEIR concluded that crude oil shipments by rail pose no ‘significant hazard’ to our communities, and we urged the city of Benicia to revise the DEIR to fully inform decision-makers and the public of the potential risks of the project,” SACOG said in its remarks.

The agency’s response included a list of eight measures its board of directors indicated that, at a minimum, should be followed.

Those directives include advance notification to county and city emergency operations offices of all crude oil shipments; limits on storage of crude oil tank cars in urbanized areas of any size; and appropriate security for all shipments.

Other directives outlined need for support, including full-cost funding for training and outfitting emergency response crews; and use of freight cars with electronically controlled pneumatic brakes, rollover protection and other features that mitigate what the agency believes are the risks associated with crude oil shipments.

Finally, the agency calls for the implementation of Positive Train Control to prioritize areas with crude oil shipments.

Solano County Resource Management Director Bill Emlen, a former Davis city manager, noted in his response that he had no specific comment on the revised report, but that the county stands behind its initial remarks about the original draft report.

In those remarks, dated Sept. 8, 2014, Emlen said the county wanted more done to address potential derailments.

The original draft EIR admitted the project “could pose significant hazard to the public or the environment,” but minimized the chances of that happening.

“Although the consequences of such a release are potentially severe, the likelihood of such a release is very low,” the report said.

Emlen disagreed that the accident risks associated with the crude-by-rail proposal are “less than significant” without mitigation.

Valero plans to use a type of tank car designated as CPC-1232 to transport oil between Roseville and Benicia and there will be a 40 mph speed limit through federally designated “high-threat urban areas,” including cities along the route, according to the draft report.

Emlen said it appears Valero’s use of the CPC-1232 tank cars is voluntary, rather than mandatory. He also pointed out that the federal designation for high-threat urban areas extends only 10 miles east of Vallejo and 10 miles west of Sacramento, which leaves out most of Solano County.

Emlen cited a derailment and spill that took place in Virginia with a train using CPC-1232 tank cars and traveling 23 mph.

“Therefore, the use of CPC-1232 tank cars at low speeds does not alone mitigate the potential impact from a train derailment,” he said.

Other cities that submitted a written response on the revised draft included Davis, Albany, Gridley and Briggs. Other counties that responded included Yolo, Placer and Nevada counties.

An original draft EIR was issued for the project in June 2014. Benicia said it issued the revised draft EIR in response to requests made in that original report. The city released the revised document Aug. 31 for a 45-day review period. It later extended the deadline for submitting written comments from Oct. 16 to Oct. 30.

The Benicia Planning Commission also gathered public input on the revised document at a Sept. 29 meeting.

The Valero project involves the installation of a new railcar unloading rack, rail track spurs, pumps, pipeline and associated infrastructure at the refinery, according to a city report. The crude would originate at sites in North America.

Union Pacific Railroad would transport it using existing rail lines to Roseville, and from there to the refinery, the city said.

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