Category Archives: Public Health

More bad Valero flaring on Monday 5/15 sends 30 to hospital

Repost from the Vallejo Times-Herald

Residual Valero Benicia flaring reportedly sends 30 to hospital on Monday

By Katy St. Clair, 05/17/17, 5:15 PM PDT

BENICIA >> A residual flaring at the Valero Refinery on mid-day Monday reportedly sent 30 employees of the Industrial Park to the emergency room, a business owner said.

“I’m not happy about it at all,” said Dunlap Manufacturing head of operations Jasmin Powell, addressing the Benicia City Council on Tuesday night. “A cloud of smoke hit us between 1:30 and 4 (p.m.). I had to send everybody home.”

Dunlop Manufacturing is an Industrial Park anchor business that makes effects units and other accessories for musicians.

Valero has been intermittently flaring since a power failure on May 5, which initiated evacuations of the Industrial Park and a shelter-in-place at two elementary schools.

“We were affected severely … and we didn’t get any notice about anything going on beforehand,” Powell said. “And no one’s talking about it now,” she said.

“I did not know about this, Jasmin,” said Mayor Elizabeth Patterson.

While some on social media have been reporting flaring since the initial May 5 incident at Valero, no further evacuations or shelter-in-place orders have been announced.

Benicia Fire Chief Jim Lydon said that he wasn’t made aware of the situation on Monday until hearing about it around 4 p.m., but that Valero had given him “no notification” that day.

“I went to the refinery in an effort to gather information, and by then, whatever had been released from the scrubber unit was basically dissipated,” he said.

Lydon said he notified the Bay Area Air Quality Management District and Solano County Environmental Health, “Who both began follow up.”

Lydon said that Valero received an other “public nuisance” citation for Monday’s emissions, but the air district could not confirm this.

Valero has not responded to Times-Herald inquiries, and no one from Valero was at Tuesday night’s council meeting.

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EDITORIAL: Valero wins one; attorneys wrangle; opponents get testy

By Roger Straw, April 29, 2016

Valero wins one; attorneys wrangle; opponents get testy

Catching up on recent events

RDS_2015-06-21_200pxSorry, I had to take a little break.  When the Benicia City Council voted 3-2 to put off a decision on Valero’s crude by rail proposal (CBR), it was just a bit too much.

I was deeply discouraged by the majority’s need for yet more information.  Three Council members wish to hear from the federal Surface Transportation Board (STB) before making the decision whether to permit a rail offloading rack on Valero property – a project that would foul California air and endanger lives and properties from here to the border and beyond, a project that would clearly contribute to the ongoing effects of global warming.

So I was one discouraged 3½ year supposedly-retired volunteer.  I was in no shape last week to send out my Friday newsletter.

Here, as best I can summarize, is news from the last 2 weeks:

Valero wins one

You will recall that Valero appealed the Planning Commission’s unanimous February decision on crude by rail to not certify the environmental report and to deny the land use permit. Then at the Benicia City Council’s opening hearing on the appeal on March 15, Valero surprised everyone by asking for a delay in the proceedings so that it could ask for guidance from the federal Surface Transportation Board (STB).

City staff recommended against Valero’s request, rejecting the proposed delay as unnecessary and risky, given that the City and Valero could end up with a “stale” environmental report that requires yet another time-consuming revision and more hearings.

Opponents also argued against the delay, noting that the request would be carefully framed by Valero in its own favor, submitted for review to an industry-friendly STB, and result in a judgement that would still be subject to final review in a court of law. Opponents also pointed out the possibly that the delay was a Valero political tactic, given that this is an election year with three members of City Council up for re-election.

At the most recent City Council hearing on April 19, contract attorney Bradley Hogin disclosed that he was not involved in the staff decision to recommend against the delay, and that he disagreed with his employers. Given every opportunity by Council members, Hogin argued at length in favor of the delay. During verbal questioning, Council did not give similar opportunity to Hogin’s bosses to argue against the request for delay.

And guess what, 3 members of Council were convinced by the pleasant instruction of their outside attorney Hogin that we would do well to hear from the STB before rushing (3 years into the process) to judgement.

Win one for Valero.  Council will resume consideration in September.

The attorneys wrangle

We are asked to believe that the big issue here after 3 years of environmental review has nothing at all to do with the earth or the health and safety of you, me, our neighbors or the lands and wildlife.

Supposedly, according to Valero’s attorney and contract attorney Hogin, it’s all about “federal preemption.”  Supposedly, our city officials have no legal authority to impose conditions or mitigations or deny a permit in this case.

However, according to California’s Attorney General and environmental attorneys, “federal preemption” does not prohibit City government from making such land use decisions based on local police powers and the legal requirement to protect public health and safety. Federal preemption protects against state and local authorities regulating railroads. A refinery, says our Attorney General, is not a railroad. Go figure.

Anyway, Valero’s attorney has written several letters on preemption and taking issue with the Attorney General. The Attorney General has written several letters, sticking by its argument. Environmental attorneys have written several letters making similar arguments.

In addition to the letters, Valero’s attorney and Mr. Hogin have testified at length under questioning by City Council members. Environmental attorneys have been given only 5 minutes each to speak at hearings, with little or no back and forth questioning from City Council members.

Everyone I have talked to expects this decision to end up in court, whether or not the STB issues a ruling, and regardless of which way they rule.

Benicians for a Safe and Healthy Community gets testy

Like me, I suspect, members of our local opposition group, Benicians for a Safe and Healthy Community (BSHC) were highly disappointed and discouraged by the Council vote to delay for Valero and the STB.

In interviews and online statements that followed the April 19 Council vote, some BSHC members were quick to presume that the 3 Council members who voted for delay would also support Valero when it comes to a final vote in September.

Of course, a 3-2 vote favoring Valero in September is not the only possible outcome. Some would say that the next 5 months might best be spent respectfully reminding Council members of facts of the case, and encouraging them to make the right decision.

Those of us who have spent countless hours opposing Valero’s dirty and dangerous proposal have known all along that it is an uphill battle, that the odds are against us, that big business prevails all too often against the interests of health, safety and clean air.  But look what happened at our Planning Commission.  There is hope.

It seems to me that the presumption of a negative outcome can only serve to harden Council members’ attitudes and opinions.  But I may be wrong.

Some will continue to argue that Council members should be made to feel the public’s disappointment, that outrage and pessimism is understandable, and that an obvious implication is that unhappy voters will have their say in November.

I’m convinced that hardball politics and small-town respect for decision makers will need to co-exist over the next few months. Come September, we shall see.

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Additional comments by environmental expert Dr. Phyllis Fox

By Roger Straw, April 19, 2016

Additional comments by environmental expert Dr. Phyllis Fox

The Benicia Independent is in receipt of an April 18, 2016 letter by Attorney Rachael Koss of Adams, Broadwell, Joseph and Cardozo, representing Safe Fuel and Energy Resources California (SAFER).

The letter introduces an additional 9-page analysis by environmental expert Dr. Phyllis Fox, “ROG and Benzene Emissions from Unloading Rack Operations.”  (ROG refers to Reactive Organic Gases.)

Dr. Fox’s new study includes sections on “Railcar Fugitive Emissions At Unloading Racks” and “Other Unloading Emissions” along with several tables.

This letter was submitted to the City of Benicia within the last hour, and had not yet been posted on the City’s website at the time of this posting.

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