Category Archives: Public Health

Environmental groups sue Bay Area Air Quality Management District

Repost from KPIX 5, CBS SF Bay Area

Lawsuit Filed Over Fracked Oil Trains In The Bay Area After KPIX 5 Report

March 28, 2014


RICHMOND (KPIX 5) — Two weeks ago, KPIX 5 discovered trains carrying explosive fracked crude oil have been rolling into the Bay Area under everyone’s radar. On Thursday, four environmental groups have filed a lawsuit over it, calling the crude by rail terminal illegal.

Earthjustice attorney Suma Peesapati had no idea the long trains were coming into the Bay Area until she saw KPIX 5’s story.

“I was flabbergasted,” Peesapati said. “This just happened under the cover of night.”

Fracked crude oil from the Bakken shale fields of North Dakota can result in deadly explosions in a derailment. Yet we discovered the energy company Kinder Morgan started bringing 100-car trains loaded with the oil right into the heart of Richmond six months ago, all without having to go through any environmental review.

“We can’t hold up their permit because there is public opposition. As long as somebody doesn’t increase their emissions, we give them a permit,” Jim Karas of the Bay Area Air Quality Management District told KPIX 5.

Karas said since the rail yard was previously unloading ethanol trains, switching to fracked crude oil was no big deal. “Very small deal, very well controlled, very few emissions,” he said.

According to permit documents obtained by KPIX 5, Kinder Morgan claimed the operation “will not increase emissions beyond currently permitted levels”, and requested that the air district treat it “as an alteration, not a modification”.

“This hardly a minor alteration. I mean this fundamentally changes the nature of the operation and the environmental impacts,” said Peesapati.

Earthjustice filed a lawsuit on behalf of 4 environmental groups: Communities for a Better Environment, Asian Pacific Environmental Network, the Sierra Club, and the Natural Resources Defense Council.

The complaint claims the Air District’s “clandestine approval” of the project “ignores the well-known and potentially catastrophic risk to public health and safety.”

“These trains are rolling and they pose an immediate threat to the local community,” said Peesapati.

“It’s really a slap in the face against the people of Richmond,” said Andres Soto with Communities for a Better Environment. He hopes the courts will take action quickly. And not just because of the danger of explosions.

“There’s a number of chemicals that are constituents in this crude oil that are carcinogenic,” he said.

Adding to the risk, Soto said the tanker trucks that deliver the crude to local refineries. “It’s going to take three trucks to unload one train car and that is an extreme expansion of the number of trips by diesel trucks on our city streets and on our state highways.”

KPIX 5 reached out to Kinder Morgan and the Air District Thursday night. Both said they don’t comment on pending litigation. The lawsuit calls on the Air District to pull Kinder Morgan’s permit, and asks the judge to issue an injunction that would shut down the terminal until a full environmental impact report is completed.

Benician Roger Straw: Growing opposition to Valero Crude by Rail

Repost from The Benicia Herald

For Benicia’s sake, stop Crude by Rail

March 27, 2014 – by Roger Straw

MANY THANKS TO THE BENICIA HERALD for its detailed coverage of Valero’s presentation earlier this week on its Crude-by-Rail Project. Donna Beth Weilenman’s lengthy report presented the very best in understanding Valero’s message.

I was somewhat disappointed, however. A small but growing segment of Benicia residents and business owners attended Valero’s meeting, offering a peaceful presence and an alternative view on crude by rail. Other news sources, including a nearby newspaper, two TV stations, two radio stations and a couple of blogs included references to the strong public opposition to Valero’s proposal at that meeting. Ms. Weilenman’s report virtually ignored the public’s input on that night.

Benicians need to hear Valero’s point of view, but a variety of voices made “news” at the actual event, and folks need to know about that as well.

The residents and businesses of Benicia have been waiting since last July for Valero to present its facts and to sell its proposal to bring North American crude oil by railroad tank car into our community. We can expect highly financed and professional messaging to promote their plan. Thanks to a recent paid ad in a local magazine and this week’s community meeting, we now know how Valero will focus our attention — and in some cases, misdirect our legitimate concerns.

We learned at this meeting, finally, that Valero clearly does not rule out importing train cars full of highly volatile Bakken crude oil and the world’s dirtiest crude from the tar sands of Canada.

After its presentation, when Valero opened the meeting for questions and answers, I must admit that I was surprised by the preponderance of questions expressing deep concern for the health and safety of Benicia. Well over 80 percent of the questions asked were cautiously skeptical and highly concerned about safety and the environment. I took notes on each of the approximately 24 questions asked, with the following results: Nine were about emergency spills and explosions, four were about the source and crude oil content of Valero’s rail shipments, two were about failure-prone DOT-111 tank cars, and one each concerned train routing, traffic in the Industrial Park and permitting of the proposed project.

Following each question, a panel member or representative of Valero or Union Pacific gave a brief answer. Many in attendance, including myself, felt that some of the answers were almost glib, and all were calculated to smooth over every public concern.

We were assured over and over again that Valero’s excellent safety record, thorough planning, and yet-to-be passed new federal and state regulations would protect us from a catastrophic spill or explosion. This in the face of recent news reports on the massive increase in crude-by-rail shipments and the inevitable skyrocketing numbers of horrific explosions and spills over the last year.

We were assured over and over again that no additional or adverse pollution would result, supposedly because trains give off fewer emissions than ships. This totally ignores easily available background on the environmentally destructive methods of crude oil extraction in the Bakken region of North Dakota and tar sands mining in Canada, and the excessive corrosive effects and additional toxic emissions when refining extreme crudes. No one asked Valero at this meeting to address the 100 connect-disconnect operations every day on tank cars as opposed to a single connect-disconnect of a docked ship once a week. How will these repetitive operations add to what are known as “fugitive emissions,” not to mention a massive increase in risk for spills and accidents?

I usually call myself a liberal. In this instance, I am a deeply conserving skeptic. Please, Valero — I know that you work for Texas executives who guide your actions here, but as you mentioned at your meeting this week, 50 percent of your management and more than 100 Valero employees live here in Benicia. You are our neighbors. Please help us protect our lives and our city, and stand with us on behalf of communities uprail and downwind of Benicia. Ask Valero’s Texas executives to rethink their strategies for the future of energy production. Valero could lead the way in the oil industry. Everyone knows that refining of crude oil is a dying enterprise. In the next 50 years Valero will need to retool to produce energy in cleaner and safer ways. There is no need to grasp at the last, most dirty and dangerous barrels of crude to make a quick buck.

Listen to concerned Benicians and folks from communities uprail and downwind of here — stop the Crude-by-Rail Project.

More information is available at SafeBenicia.org and BeniciaIndependent.com.

Roger Straw is a Benicia resident [and editor of The Benicia Independent].

NRDC report on Valero meeting – Valero’s Magic Box

Repost from NRDC Switchboard, Diane Bailey’s Blog

Valero’s Magic Box, balancing sludge v. stink of crude oil

Posted March 26, 2014

valero meeting.jpgLast night I learned all about the magic box of Valero’s “operating envelope” at their Benicia (San Francisco Bay Area) refinery during their public meeting for the proposed Crude Oil Rail Terminal.  Valero staff described the proposal to a packed audience, speaking cheerfully about bringing two 50-tanker car trains of crude oil in and out of Benicia each day. The friendly façade crumbled a little during the lengthy explanation to concerned community residents about the type of crude oil that could be coming in those tanker trains, confirming that they may carry dirty tar sands and volatile Bakken crude oil.

Valero - Feedstock Profile (any crude can fit in the blend box) (2).png

This slide from Valero’s presentation shows the magic box that bounds the density of the crude oil – the sludge factor, and the sulfur levels – aka the stink factor – of the crude oil that the Valero Benicia refinery is capable of handling.  It turns out though that the refinery can take a lot of different kinds of crude oil outside the magic yellow box; these are the yellow triangles.  The yellow triangles outside the magic box include both Bakken and tar sands crude oil.  That is to say that they can get the world’s dirtiest and most dangerous crude oils into the magic box of the refinery operating envelope by mixing them.  That’s right, they can brew up an exceptionally hazardous cocktail of tar sands sludge mixed with volatile Bakken crude oil to get inside the magic box.

So, Valero can take the sludgiest, highest stink crude oil and cut it with lighter oil.  Then, voila, they say there are no changes to the balance of sludge and stink in the crude oil refined.  Although this mix may look like the same old conventional crude oil according to Valero’s magic box theory, the reality is that this kind of blend of extreme crude oils creates the greatest public health hazards. Why? It retains the toxic heavy metal contamination from sludgy crudes and that comes out as air pollution; It is much harder to process, which means even more air pollution; it is unstable, prone to volatilizing toxic hydrocarbons like benzene; and it is highly corrosive, putting the refinery and infrastructure at greater risk of accidents.

Will Valero come clean with a real analysis of the public health, safety and environmental risks of the project when the draft Environmental Impact Report comes out next month? Or will they hide these impacts in magic boxes?

Reuters report on West Coast energy projects mentions Valero, Benicia

Repost from Reuters

New U.S. West Coast energy projects face tough opposition

By Edward McAllister

NEW YORK (Reuters) – The West Coast of the United States, long a battle ground for industrial and environmental interests, is set for another round of disputes as the region attracts key energy projects.

Huge new oil and gas fields have changed the way energy is transported across the United States, opening up the prospect of gas exports to Asia and increasing shipments of oil by rail. As this happens, the West Coast, from California to Washington, has become a major focus for energy developers.

Veresen Inc’s Jordan Cove liquefied natural gas (LNG) project in Coos Bay, Oregon, received approval from the Department of Energy on Monday to export gas to needy importers in Asia. Another project further north, known as Oregon LNG, is expected to receive similar approval within two months.

The two developments, both of which still need construction permits, would be the first of their kind on the West Coast outside of Alaska and represent a potentially new era for the United States, where a drilling boom has pushed output to record highs. The outcome of these projects could also set the standard for other energy developments in the region.

But opposition remains.

“Jordan Cove still needs a slew of federal and state permits to begin construction,” said Zack Malitz of San Francisco-based environmental group Credo, which is opposed to exports because it could lead to more drilling. “We still have time to sound the alarm.”

OIL, COAL

Energy projects have long met opposition in West Coast states where a stronger environmental lobby has made development approvals tougher to obtain than in other more oil industry-friendly states like Texas or Louisiana.

The strength of that opposition is being tested again as coal and oil producers look to the West Coast to broaden their business.

In recent years, mining and shipping industries have tried, and sometimes failed, to gain permission to move coal through ports in the Pacific Northwest to reach Asian markets. The Port of Coos Bay dropped its plans for a coal export terminal last spring after environmental challenges.

Now, three more export terminals remain on the drawing board. Backers of the Morrow Pacific project in Oregon expect to clear regulatory hurdles in the coming months.

Meanwhile, oil producers looking to tap west coast markets have proposed a number of terminals to receive and refine crude oil delivered on trains. Crude by rail has become a major industry in recent years, as new output overwhelms the existing pipeline network. But a number of explosive derailments have given pause to states considering more train traffic, especially loads carrying grades of crude oil from North Dakota considered more volatile than others.

In Washington State, which has the potential to become a major oil port if all pending projects are approved, opposition to moving more crude by rail is growing.

Public meetings held in October regarding a crude by rail terminal in the Port of Vancouver proposed by Tesoro Corp and Savage Services garnered tens of thousands of comments, many of which centered on concerns about crude train crashes and spills.

The project is in the permitting phase, and the final decision lies with Governor Jay Inslee.

Valero Energy Corp’s plan to build an offloading facility at its San Francisco-area refinery was pushed to the first quarter of 2015 from late 2013 to allow time for an environmental review after opponents voiced concerns to local officials.

The surge in the transport of crude oil by rail into California has caught the attention of lawmakers in Sacramento, who last week held a hearing to examine whether more resources should be dedicated to preventing and responding to accidents.

Currently, less than 1 percent of the state’s crude oil is delivered by rail. But with at least six new crude-by-rail facilities planned or under construction in California, that figure is expected to reach 25 percent by 2016.

“Regardless of whether it takes two years or four years, this is a significant change that represents an emerging threat to California’s natural resources,” Tom Cullen, administrator of the Department of Fish and Wildlife’s Office of Spill Prevention and Response, said at the hearing last week.

(Reporting By Edward McAllister in New York, Rory Carroll in San Francisco, Patrick Rucker in Washington D.C. and Kristen Hays in Houston; Editing by Joseph Radford)