Category Archives: Mosier OR

VALLEJO TIMES-HERALD: Valero’s crude-by-rail project turned down in Benicia

Repost from the Vallejo Times-Herald

Valero’s crude-by-rail project turned down in Benicia

By Matthew Adkins, 09/20/16, 9:54 PM PDT
Anti-Valero supporters wave sunflowers as Benicia’s crude by rail project was denied Tuesday evening by council members in Benicia City Hall.
Anti-Valero supporters wave sunflowers as Benicia’s crude by rail project was denied Tuesday evening by council members in Benicia City Hall. Matthew Adkins — Times-Herald

BENICIA >> Environmentalists hoping to defeat Benicia’s crude-by-rail project scored a huge victory Tuesday night, handing Valero Refining Company a significant defeat in the process.

In a unanimous decision from Mayor Elizabeth Patterson and Benicia City Council, Valero’s application for a conditional use permit for a crude oil off-loading facility was denied.

Vicki Dennis, who moved to Benicia two years ago, was one of many present at City Hall and said she was “just delighted” with the decision.

“I’m so proud of this city,” Dennis said. “Our council people are very thoughtful. This process has been a long one, but I think they handled it in a wonderful way.”

The City of Benicia’s Planning Commission first began considering the issue in December 2012 when the refinery submitted an application seeking permission to build infrastructure to bring two 50-car trains a day carrying up to 70,000 barrels of North American crude oil into Benicia.

In March, the Planning Commission voted unanimously to deny the application and to not certify an accompanying environmental impact report. The decision was made against the recommendation of city staff who said the project’s involvement with rail-related issues made the decision a federal issue.

Valero representatives submitted an appeal looking to reverse the commission’s decision to deny their application, and the matter was postponed until Sept. 20.

As part of the appeal, Valero sought a declaratory order from the Surface Transportation Board on the issue of federal preemption in regards to the project.

During this time, many governmental agencies, private organizations and individuals publicly opposed the city council’s decision to transfer authority on the matter to the federal government.

At the city council meeting Tuesday, however, public comment on the topic was officially closed.

“We are eager to hear from you about any item that is not on the agenda,” Patterson said. “I know it’s a little difficult right now. We have an item on the agenda that I know a lot of you are interested in, but there is no public comment on that tonight.”

This drew a few hushed laughs from the crowd of approximately 150 people who had shown up to witness the landmark decision at Benicia City Hall.

Mayor Patterson’s warning didn’t stop a few concerned citizens from indirectly talking about the issue.

“I originally put in my request to speak before I knew you were not accepting public comments about Valero,” said one man. “If the council decides to change their mind and re-open public comment on the issue, I would be glad to come back up and speak.”

“Since I can’t talk about what the Surface Transportation Board has just done, I would urge the council to support the struggle against the Dakota Access pipeline,” said another man.

After public comment was closed, a brief recap of the project’s journey though Benicia’s civic system was put forth along with two resolution findings, one for approval and the other for denial,

The denial resolution highlighted specific issues that city council members had with Valero’s proposed project, including the unclear traffic impacts of having an unregulated shipment schedule, spill risks associated with shipping by rail and the project’s uncomfortable proximity to the city’s waterways.

Before making a judgement, Council members took turns voicing their concerns about health, safety and the project’s effect on the environment.

“When we first started considering this, there seemed to be little risk involved,” said Councilwoman Christina Strawbridge. “After four years, the community has endured numerous public hearings with hundreds of people speaking about the project. During this time, there have been 13 derailments around the country involving multiple carriers.

“The derailment in Oregon was a game-changer for me,” she continued. “Union Pacific was the same carrier and the railroad cars involved were the same ones Valero is offering. The strongest car didn’t withstand a puncture and crude oil came in contact with fire and burned for 13 hours. Union Pacific failed to maintain its track, resulting in its derailment. The railroad industry has not kept up with safety standards regarding the transportation of crude. I’m going to vote to deny the project in hopes that the community can begin to heal after such a divided process.”

After the council’s comments, Councilmember Tom Campbell put forward a motion to deny, and was seconded by Patterson.

A quick vote was taken and the motion to deny Valero’s presence in Benicia was decided.

Misao Brown, a retired teacher and environmental activist from Alameda, was thrilled with the council’s decision and was seen embracing her friends outside of Benicia City Hall.

“If there were any spills where we are in Benicia, it would be in the Bay and go all over the place,” she said. “Benicia is concerned about the greater good and it’s just wonderful. It was really hard sticking it out for so long, but they gave every chance to Valero. In the end, we’re really talking about life on earth. So, when the decision comes through like this under tremendous pressure, I’m really grateful to every member of the planning commission and city council.”

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    PROTESTS AFTER MOSIER: Criminal charges dismissed, protesters speak out

    Repost from Hood River News

    Another voice: ‘The greenest corner in the richest nation on earth’

    By Robin Cody, August 19, 2016
    A group of protesters block an oil train in Vancouver, Wash., on Sunday. Photo from Inside Climate News, courtesy of Alex Milan Tracy

    The fiery wreck of an oil train at Mosier is what galvanized many of us to sit on the Burlington Northern railroad tracks in downtown Vancouver on June 18. Twenty-one protesters, ranging in age from 20 to 84, were repeatedly warned of 90 days’ jail time and $1,000 fines for criminal trespassing. And still, we sat.

    Protesters got arrested and briefly jailed. Our legal status remained in limbo until recently, when criminal charges were dismissed.

    Now we can talk.

    The whole idea — of fracking North Dakota and shipping flammable crude oil by rail through the Columbia River Gorge — is not just a threat to people who live near the tracks. It’s also a violation of nature. It’s a big wrong turn in America’s supposed transition from fossil fuels to renewables.

    It’s 2016. About climate change and its causes, the evidence is in. Time is running out. Yet many more tanker loads of climate change could come barreling through the Gorge. The proposed Tesoro Savage Vancouver Energy Project would be the largest oil-by-rail terminal in the Northwest. It would more than double the daily frequency of mile-long oil trains to the Port of Vancouver.

    If civil disobedience does any good, it’s in the context of many other groups and individuals speaking out. There were rallies in Hood River and Astoria, tribal action in Mosier, and the alarm expressed by city councils of Vancouver and Portland and Spokane. Columbia Riverkeepers, 350pdx, and many other organizations put the spotlight on industries that contribute to, and profit from, America’s dependence on fossil fuels.

    This is about where we live. It would be fundamentally unlike us Cascadians, of all people, to cooperate with big oil’s distant profit.

    The world expects the United States to take the lead with climate action. The U.S. looks to California and the Northwest. So here we are, in the greenest corner of the richest nation on Earth. If we don’t step up for the planet, where in the world will momentum take hold? And when we do take a stand, it might really make a difference.

    Robin Cody of Portland is the author of “Ricochet River” and “Voyage of a Summer Sun.”
     
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      MOSIER OR: High levels of benzene in groundwater after oil train crash

      Repost from Water Online
      [Editor: Significant quote: “The concentration that we found (of benzene) was 1,800 parts per billion, which is approximately ten times higher than a screening level for what would concern us for animals living in a wetland.”  – RS]

      Oil Train Crash Left Benzene Contamination In Groundwater

      By Sara Jerome, August 15, 2016
      train reg new.jpg
      Image credit: “union pacific,” matthew fern © 2011, used under an Attribution 2.0 Generic license, creativecommons.org

      A town in Oregon is still reeling from a train derailment two months ago, discovering the crash leaked oil into the groundwater supply.

      A Union Pacific oil train derailed in Oregon’s Columbia River Gorge in June, raising concerns about nearby water service and knocking the wastewater system completely out of function in the town of Mosier. In the aftermath of the initial crisis, officials are facing down water contamination, seeking treatment remedies for lingering pollution.

      They found “elevated concentrations of benzene and other volatile organic compounds in groundwater near the derailment site,” OPB reported.

      “The concentration that we found (of benzene) was 1,800 parts per billion, which is approximately ten times higher than a screening level for what would concern us for animals living in a wetland,” Bob Schwarz of the Oregon Department of Environmental Quality told OPB.

      State environmental authorities plan “to install a treatment system that injects air into the underground water. They say the oxygen will stimulate the existing microbes that live in the water to break down the oil,” KATU reported.

      The Oregon Department of Environmental Quality installed “four monitoring wells to observe ground water quality after the wreck. Schwartz said one of them had significant oil contamination from the train derailment,” the report said.

      Schwartz provided an update to KATU News.

      “The numbers we’re concerned about are based on the potential of long-term impact … if animals were exposed over many years. In this case, we don’t expect it to be significant because we plan to get out there and remove the contamination within weeks or months,” Schwartz said. “I think this is something we will be able to clean up fairly quickly so I don’t think it will be a significant problem.”

      One positive sign amid the wreckage: Drinking water wells for this town remain unaffected, the report said. They were uphill from the crash site.

      Mosier lost access to its sewer system and wastewater treatment plant as a result of the incident, which saw 16 of the train’s 96 tank cars go off the rails, according to the Associated Press.

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        Oil industry desperate: claims oil spills are good for wildlife and the economy

        Repost from Hazmat Magazine

        Testimony Implies Oil Spills Are Good For Wildlife and the Economy

        By J Nicholson, August 11, 2016

        As reported in thinkprogress.org, the Washington State Energy Facility Site Evaluation Council (EFSEC) has been holding hearings on the matter of a proposed oil-by-rail terminal that could be built in Vancouver, Washington.  If approved, it would be the largest oil-by-rail facility in the country, handling some 360,000 barrels of crude oil, shipped by train, every single day.  It would also greatly increase the number of oil trains that pass through Washington, adding a total of 155 trains, per week, to the state’s railroads.

        Environmentalist activists worry that an increase in oil trains could lead to an rise in oil train derailments, like the kind seen in early June when a Union Pacific train carrying Bakken crude derailed outside the Oregon town of Mosier, spilling 42,000 gallons of oil near the Columbia River.

        But according to witnesses that testified before the EFSEC on behalf of Vancouver Energy – the joint venture between Tesoro Corp. and Savage Cos. and the entity behind the Tesoro-Savage terminal proposal – oil spills might not actually be that bad for the environment.

        “The Draft Environmental Impact Statement identifies many economic impacts arising from an accident associated with Project operations, but fails to recognize economic activity that would be generated by spill response,” Todd Schatzki, vice president of Analysis Group — a consulting group that released an economic report on the terminal commissioned by Tesoro Savage — wrote in pre-filed testimony.  “When a spill occurs, new economic activity occurs to clean-up contaminated areas, remediate affected properties, and supply equipment for cleanup activities. Anecdotal evidence from recent spills suggests that such activity can be potentially large.”

        Schatzki’s pre-filed testimony also includes references to both the Santa Barbara and BP oil spills’ role as job creating events.  He notes that the Santa Barbara oil spill created some 700 temporary jobs to help with cleanup, while the BP spill created short term jobs for 25,000 workers.  Schatzki does not mention that BP has paid individuals and businesses more than $10 billion to make up for economic losses caused by the spill.  Nor does he mention that California’s Economic Forecast Director predicted that the 2015 Santa Barbara oil spill would cost the county 155 jobs and $74 million in economic activity.

        For the Columbia River region, the impacts of an oil spill could be equally economically devastating — a report from the Washington Attorney General’s office found that an oil spill could cost more than $170 million in environmental damages.

        Keystone Pipeline (Credit: cfact.org)

        Schatzki also argued that an oil spill would not necessarily have a large impact on commercial and recreational fisheries.  The Columbia River, which cuts between Oregon and Washington and borders much of the oil-train route, is one of the most important fisheries for both states.  In 2015, the total economic value of Columbia River salmon was $15.5 million, according to the Oregon Department of Fish and Wildlife.

        Those fisheries, however, would not necessarily be impacted by an oil spill, Schatzki argued, because fishermen would simply avoid the areas where the spill had taken place, moving their operations elsewhere.  During cross examination, however, Schatizki said that he did not look at other fishermen’s responses to oil spills when crafting this analysis, nor did he specifically look at the length of fishing seasons or the geographic extent of various fisheries within the Columbia River.

        In testimony given on July 7th, another Tesoro-Savage-associated witness, Gregory Challenger, argued that oil spills could actually have benefits for fish and wildlife.  Challenger, who worked with Vancouver Energy to analyze potential impacts and responses in the event of a worst-case discharge at the facility and along the rail line, told the committee that when oil spills cause the closure of certain fisheries or hunting seasons, it’s the animals that benefit.

        “An oil spill is not a good thing.  A fishery closure is a good thing.  If you don’t kill half a million fish and they all swim upstream and spawn, that’s more fish than were estimated affected as adults,” Challenger said during his testimony.  “The responsible party is not going to get credit for that, by the way.”

         To prove his point, Challenger cited National Marine Fisheries Service data that showed that 2011, the year after the BP oil spill, had been a record year for seafood catch in the Gulf of Mexico.  And while that’s true, Shiva Polefka, policy analyst for the Center for American Progress’s Ocean Policy program, cautioned against trying to make sweeping statements for how all ecosystems would respond to an oil spill.  Following the Exxon Valdez spill in 1989, researchers discovered that crude oil had soaked into the rocky beaches near the spill site, emitting toxic compounds for years that had long-term adverse impacts on salmon and herring populations.

        “Does cutting fishing effort benefit fish?  Absolutely,” Polefka said.  “Enough to mitigate the horrible effects of large oil spills in every case?  Absolutely not.”

        During his testimony, Challenger also brought up the Athos 1 oil spill, which sent 264,000 gallons of crude oil into the Delaware River in 2004.  The spill, Challenger said, took place during duck hunting season, and forced an early closure for recreational hunting in the area.

        “There were an estimate of 3,000 birds affected by the oil, and 13,000 birds not shot by hunters not shot by hunters, because of the closed season,” he said.  “We don’t get any credit for that, but it’s hard to deny that it’s good for birds to not be shot.”

        According to U.S. National Oceanic Atmospheric Administration (NOAA), seabirds are especially vulnerable to oil spills, because of the way that oil affects their usually-waterproof feathers — when those feathers become matted with oil, a seabird loses its ability to regulate its temperature.  Often, it will try to preen itself to remove the oil, which only forces the oil into its internal organs, causing problems like diarrhea, kidney and liver damage, and anemia.  Oil can also enter into a seabird’s lungs, leading to respiratory problems.

        Opponents of the terminal were quick to dismiss Schatzki and Challenger’s testimony as “hollow,” especially in the face of the recent derailment and oil spill in Mosier.

        oil spill07“We see Tesoro moving towards these more desperate arguments to try to downplay the risk of the project,” Dan Serres, conservation director with Columbia Riverkeeper, told ThinkProgress. “It’s hard to imagine that EFSEC will buy the argument that oil spills pose anything other than a grave risk to the Columbia River estuary.”

        Following the EFSEC hearings, the committee will submit a recommendation to Washington Governor Jay Inslee to approve, conditionally approve, or deny the project.

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