New comments on Valero’s RDEIR available online

October 13, 2015

The City of Benicia has been receiving a FLOOD of incoming letters commenting on the City’s Revised Draft Environmental Impact Report on Valero Crude by Rail.  The City is posting these comments on its website, and the Benicia Independent is also posting them as they arrive at Project Review.  So far, three new PDF documents have been posted:

REVISED DEIR (RDEIR) Public Comments (period closes on October 30, 2014)

  • Public Comments October 3-9, 2015
    The link will download a 20-page document from the City’s website, a 1.1MB download, including a very interesting letter from the City of Gridley, California (pp. 2-5 in the PDF).
  • Public Comments September 26-October 2, 2015
    The link will download a 297-page document from the City’s website, an 11MB download.  Most of this is letters generated by the ForestEthics online comment generator.   (See also the Center for Biological Diversity online letter generator.)  Such support from EVERYWHERE is amazing and welcome!  To find individual letters of support or opposition, just open the PDF and search on a name.
  • Public Comments August 31-September 25, 2015A 545-page PDF.  The link will download a document on the City’s website, a 20mb download.  The PDF consists of:
    • 2 agency requests for extension of the comment period
    • 6 personal letters opposing the RDEIR and Valero’s proposal
    • 2 personal letters supporting the RDEIR and Valero
    • 253 letters from individuals from all over the country, generated by an online submittal form and mostly alike, also opposing the RDEIR and Valero’s proposal and received by the City on 9/25/15

OPEN LETTER: Oppose Valero Crude By Rail

Letter received by email from the author, Lawrence (Larnie) Reid Fox

To the Benicia City Planning Commission and City Council:

By Larnie Fox, October 12, 2015

I’m writing to request that you oppose Valero’s Crude Oil by Rail project.

The Revised Draft EIR states that:

    • Potential train derailment would result in significant and unavoidable adverse effects to people and secondary effects to biological, cultural, and hydrological resources, and geology.
    • Impacts to air quality would be significant and unavoidable because the Project would contribute to an existing or projected air quality violation and result in a cumulatively considerable increase in ozone precursor emissions.
    • Impacts to greenhouse gas emissions would be significant and unavoidable because the Project would generate significant levels of GHG and conflict with plans adopted for reducing GHG emissions.

What more do you need to know?

There have been more crude-by-rail explosions and spills in the last two years than in the previous 40 years. The new crudes are demonstrably more hazardous than the crudes that have been processed in our community in the past, and have led to many horrendous accidents in other parts of North America. Accidents can and will happen.

The Revised Draft EIR states that Valero proposes to use non-jacketed Casualty Prevention Circular (CPC)-1232-compliant tank cars.

The National Transportation Safety Board has said that the CPC-1232 standard is only a minimal improvement over the older tank DOT-111s. NTSB officials say they are “not convinced that these modifications offer significant safety improvements.”

There is overwhelming and passionate opposition to the project here in Benicia. There is also strong opposition from hundreds of individuals who live up-rail and from all over our state, and also from government entities including the Sacramento Area Council of Governments and our state’s Attorney General.

If there is a spill or an explosion and fire, I for one, do not want my community to be culpable. We need to show the state and the world that we stand for safety and environmental responsibility, even if it cuts into corporate profits and tax revenues.

The bottom line is that fossil fuels are going away, sooner or later, and Benicia will need to adapt, sooner or later. We need to take a longer-term and wider-scope view of the issue. We may reap short-term local gains by approving this project, but the cost is unacceptably high. In doing so, we would be putting our Industrial Park at risk, and inconveniencing them with the long trains. This area should be the economic engine for the next 100 years. We would be ignoring the legitimate concerns of communities up-rail from us. We would be responsible for putting environmentally sensitive areas at risk. We would be contributing to global warming and thus sea level rise, which poses a clear threat to our community and the rest of the world as well. We would be contributing to decimation of the old-growth forests in Northern Canada.

It’s up to us to guard our own welfare, and also, as a City, to be responsible citizens of California, the USA and our fragile planet.

Sincerely,

Lawrence (Larnie) Reid Fox

Take Action: Stop Benicia Bomb Trains

Repost from Center For Biological Diversity
[Editor: read the Center’s letter for some excellent points on Valero’s revised draft environmental impact report (RDEIR).  Your comments on the RDEIR are due in Benicia city offices by 5pm Pacific time, October 30, 2015.  – RS]

Center for Biological DiversityStop Bomb Trains in California

Oil trainRight now is a critical moment to stop oil trains in California. Oil giant Valero wants to build a massive terminal for oil trains at its Benicia refinery.

If Valero gets its way, mile-long oil trains carrying explosive and toxic crude will travel daily throughout California. The project’s environmental review admits that impacts from hazardous materials will be “significant and unavoidable.” The risks to health and safety are unacceptable.

We also know that this project is a disaster for the climate. Building a new oil train terminal would lock us into decades of using some of the most carbon-intensive oil on the planet: Canadian tar sands and fracked North Dakota Bakken crude. At a time of extreme drought and intense heat waves, we need to invest in safe and clean energy projects.

Take action here — urge Benicia’s planning department to protect our communities and say no to oil trains in California.  (Click here, then scroll down to send a letter.  See text of letter below.)


Text of the Center’s letter (go here and edit as you like):

I am writing with serious concern about Valero’s proposed oil train offloading facility in Benicia. According to the environmental impact report (EIR), this project would create several “significant and unavoidable impacts” that could harm my community.

For one, bringing oil trains into Benicia is expected to create unacceptable increases in toxic air pollution to towns along the rail route and near the refinery. Specifically the EIR identifies increases in nitric oxide, nitrogen dioxide, sulfur dioxide, benzene and fine particulate matter (PM 2.5). Oil trains of this size typically have three diesel engines emitting the equivalent pollution of 1,500 cars each, or 4,500 per train.

According to the EIR, the cumulative risk of spills, explosions and fires along the Union Pacific mainline “would be significant for all of the tank car designs.” This includes the not-yet-built DOT-117 cars, which require a puncture resistance of only 18 mph even while current speed limits are set to 50 mph in most areas. Just one accident could result in significant loss of life, long-term economic damage and contamination of our precious wetlands and waterways.

The EIR also wrongly assumes the “worst case” scenario is a spill of just eight tanker cars, or about 240,000 gallons. The train that incinerated Lac-Mégantic, Quebec in July 2013 spilled more than 1.6 million gallons of crude (about 60 tanker cars), and accidents in West Virginia, Alabama and North Dakota have also resulted in 20 or more tanker cars catching fire. Without an accurate worst-case-scenario analysis that reflects existing data on recent spills, this project cannot be approved.

The revised EIR also identifies “significant and unavoidable” climate impacts that conflict with California’s existing law to reduce greenhouse gas pollution by 80 percent below 1990 levels and move to an 80 percent reduction of greenhouse gas emissions by 2050. At a time of extreme drought and intense heat waves, we must invest in safe, clean energy rather than dangerous oil infrastructure.

And finally, an analysis of census data has shown that a vast majority of people who will be harmed by this project live in EPA-designated environmental-justice communities — primarily low-income and of color. Approving this project will only add to a legacy of environmental injustice.

For all these reasons, I urge you, the planning commission and city council to deny certification for this EIR and reject Valero’s proposed oil train terminal in Benicia.

Sincerely,

Again, to send this letter to Benicia city planners, click here.

Tests showed rail defect 2 months before W.Va. oil train derailed

Repost from McClatchyDC News

Tests showed rail defect 2 months before W.Va. oil train derailed

By Curtis Tate, October 9, 2015

HIGHLIGHTS:
• Feds identify broken rail as primary cause
• Flaw detected in two prior track inspections
• CSX, contractor will pay $25,000 in fines

Scorched and deformed tank cars await examination by federal investigators at Handley, W.Va., on Feb. 24, 2015. A CSX train carrying crude oil had derailed a week earlier, spilling nearly 400,000 gallons and igniting a fire that kept 100 people from their homes for four days.
Scorched and deformed tank cars await examination by federal investigators at Handley, W.Va., on Feb. 24, 2015. A CSX train carrying crude oil had derailed a week earlier, spilling nearly 400,000 gallons and igniting a fire that kept 100 people from their homes for four days. Curtis Tate – McClatchy

WASHINGTON – Two separate tests in the two months prior to a fiery oil train derailment in West Virginia earlier this year showed the presence of a rail defect, according to a report on the incident.

But neither the railroad nor the contractor who did the tests followed up on the results in December 2014 and January 2015, and the rail broke under a 107-car CSX train loaded with Bakken crude oil. The Feb. 16 derailment near Mount Carbon, W.Va., led to explosions, fires and the evacuation of 1,100 nearby residents.

On Friday, the Federal Railroad Administration said it had issued $25,000 civil penalties against both CSX and Sperry Rail Service, the contractor that performed the rail tests.

The railroad agency recommended that both companies enhance employee training and use improved technology. It also asked CSX to establish a plan to identify and correct track defects on routes used to ship crude oil.

Noting that track flaws are a leading cause of derailments, Sarah Feinberg, the agency’s acting administrator, said railroads hauling hazardous materials need to pay closer attention to track conditions.

“All railroads, not just CSX, must be more diligent when inspecting for internal rail flaws or when contracting out inspection work,” she said in a statement.

In a statement, CSX said it would develop additional inspection processes in collaboration with federal regulators.

“CSX intends to pursue these efforts to their maximum potential as part of our commitment to the safety of the communities where we operate, our employees and our customers,” said Kaitlyn Barrett, a spokeswoman.

According to the agency’s report, 24 of the 27 derailed tank cars sustained significant damage that released oil, fueling fires and explosions even in single-digit temperatures. One resident’s home was destroyed by fire, but no one was seriously injured or killed.

The Mount Carbon wreck was among six oil train derailments in North America this year and one of four in the U.S. All revealed vulnerabilities in the kinds of tank cars used to transport oil, as well as shortcomings in the inspection and maintenance of track and rail car wheels.

In April, the Federal Railroad Administration recommended improved wheel inspections. A broken wheel was suspected in the March 6 oil train derailment near Galena, Ill., though the agency has yet to announce an official cause.

In May, the U.S. Department of Transportation announced its final rule requiring more crash and fire resistance for tank cars used to transport flammable liquids, including crude oil and ethanol.

The recent push for improved track and tank cars in North America followed the July 2013 oil train disaster in Lac-Megantic, Quebec, where 47 people died. On Friday, a U.S. bankruptcy judge approved a $343 million settlement with the families of the victims.