BAAQMD: Important comments on Final EIR, Valero Crude By Rail

By Roger Straw, February 9, 2016

BAAQMDThe Benicia Independent is in receipt of a very important letter sent to the City of Benicia Planning Commission on February 8, 2016 by the Bay Area Air Quality Management District (BAAQMD).

Commissioner Steve Young read from the letter at Monday’s Planning Commission meeting. City staff posted this important letter online yesterday, but located it on page 26 of a 256-page, 14 MB document of public comments received after the release of the FEIR (Jan. 28 – Feb. 8).  The letter is available as a standalone PDF document here on the Benicia Independent.

The letter states that the Final EIR is inadequate, and gives examples of air quality mitigations that do not conflict with federal preemption.

The letter goes on to point out that air quality studies in the FEIR rely on inaccurate and outdated risk analyses.

The BAAQMD offers in the letter (again) to assist Benicia and Valero in developing and implementing appropriate mitigation measures.

NRDC et al: Important comments on Final EIR, Valero Crude By Rail

The Benicia Independent is in receipt of a letter sent to the City of Benicia Planning Commission by the Natural Resources Defense Council (NRDC) detailing the failure of the EIR to “adequately analyze, disclose and mitigate the [Valero Crude by Rail] Project’s significant environmental impacts.”

The letter has not yet been posted to the City’s website as of this writing.

NRDC, joined by experts, attorneys and advocates representing 18 other Bay Area environmental groups (listed below), also responds to the City of Benicia staff report.  The staff report recommended certification of the EIR and approval of the project.

The NRDC letter details at length the EIR’s various omissions and failures of law, logic and scientific method.  Comments are organized into sections on Air Quality, Environmental Justice, Hazards, Water Quality, Biological Resources  and “Additional Impacts Not Analyzed.”

The additional section on the Staff Report makes a lengthy and careful legal case against the City’s claim that federal law preempts Benicia from mitigating impacts or denying approval for the project.

In conclusion, the letter states, “Benicia Municipal Code 17.104.060, prohibits the City from approving a project that will be detrimental ‘to the public health, safety, or welfare of persons residing or working’ near the project, ‘to properties or improvements in the vicinity,’ or ‘to the general welfare of the city.’  For all the reasons stated above and in our prior comments, the Project will harm Benicians, other communities throughout the state, and our climate. The City should decline to certify the EIR and deny the permit for this Project.”  [emphasis added]

This important and powerful letter has nineteen signatories:

• Natural Resources Defense Council
• Communities for a Better Environment
• San Francisco Baykeeper
• Center for Biological Diversity
• Sierra Club
• Richmond Progressive Alliance
• ForestEthics
• Sierra Club SF Bay Chapter
• Bay Localize
• Community Science Institute
Benicians for a Safe and Healthy Community
• Crockett-Rodeo United to Defend the Environment
• Martinez Environmental Group
• Bay Area Refinery Corridor Coalition
• Sunflower Alliance
• Pittsburg Defense Council
• 350 Bay Area and 350 Marin
• Greenaction for Health and Environmental Justice
• Rodeo Citizens Association
• Asian Pacific Environmental Network

From Davis to Benicia: Lives are on the Line!

This is a PDF adaptation of a Powerpoint presentation prepared for the 2/8/16 Benicia Planning Commission hearing.

From Davis to Benicia: Lives are on the Line – a public hearing presentation

By Elizabeth Lasensky, Yolo MoveOn (facebook.com/yolo.moveon) and Yolano Climate Action (yolanoclimateaction.wordpress.com/).

UPRR tracks in Davis 386
Click on the image to view the PDF presentation.

 

 

KCRA: Residents voice concerns over proposed rail transport in Benicia

Repost from KCRA News, Sacramento
[Editor:  This report suffers from a few errors of fact, but is a welcome bit of coverage.  Very few news reports have surfaced following last night’s important hearing.  I wasn’t able to embed the video of reporter Tom Miller.  Go to KCRA to watch.  – RS]

Residents voice concerns over proposed rail transport in Benicia

Two 50-car trains would move through cities like Sac, Davis

By Tom Miller, Feb 08, 2016 11:58 PM PST

KCRA 2016-02-08BENICIA, Calif. (KCRA) —A push to bring crude oil on trains through Northern California to the Bay Area has many residents in the towns and cities it would pass through worried about the environmental and safety risks that go with it.

Valero Energy Corporation is asking the Benicia Planning Commission to approve $55 million in upgrades to its local refinery.

The project would allow two 50-car trains, each carrying 35,000 barrels of crude oil, to unload at the refinery each day.

The crude would come from all over the continent and would be carried through major urban centers like Sacramento, Roseville and Davis.

“We are not confident that the cars that are being used for this transport will safely transport them through our communities, our sensitive habitat, along the rivers and streams in our region,” Yolo County Supervisor Don Saylor said.

According to Saylor, 500,000 people live within a half-mile of the tracks in El Dorado, Placer, Sacramento, Sutter, Yolo and Yuba counties.

An environmental impact report found eight “potentially significant impacts” that could be addressed with mitigation measures and 11 “significant and unavoidable impacts.”

Both categories include environmental effects on air quality and biological resources.

However, in the unavoidable impacts section, the report lists greenhouse gas emissions in addition to hazards and hazardous materials.

The report states the project could pose a significant threat to the public or environment in an accident involving a spill.

The report goes on to say, “Although the risk of such an occurrence is extremely low, the potential consequences of such an event could be extremely high.”

In 2013, 47 people were killed in Quebec, Canada, after a crude oil train derailed there.

Saylor is worried a similar incident could happen in Northern California.

“The highly volatile substances included within this transport could be very damaging to our communities, to our businesses (and) to our homeowners,” he said.

Valero insists that’s unlikely in Northern California. The company plans to use upgraded train cars and said its crude oil is less volatile.

“Some of the early concerns about rail safety are based on scenarios that wouldn’t exist in our project,” Valero’s Heath, Safety and Environment Director Chris Howe said.

The company, which contributes 20 percent of the money in Benicia’s general fund, currently employs 500 people within the city.

Howe said the upgrades at the refinery would create 120 temporary jobs during the anticipated five months of construction and 20 new, permanent jobs.

However, Howe said ultimately it is not Valero’s responsibility when it comes to assuring the public a disaster would not occur in Northern California.

“We look to the railroad to safely deliver that material to our refinery, but I point out that marine deliveries in the bay, much larger volumes, will be reduced in risk through the delivery of crude by rail,” he said.

Despite the environmental concerns, Benicia city staff recommended the planning commission approve the Valero project.

On Monday, Benicia City Hall was filled with more than a 100 people, hoping to weigh in on the proposal.

Elizabeth Lasensky carpooled from Davis with nearly a dozen others, hoping her anti crude-by-rail stance would be heard by the commissioners.

“Every time a train goes through, our probability is increased, and that’s just for an explosion,” Lasensky said. “We still have to deal with the air pollutants and the noise pollution.”

Because of the number of residents hoping to voice their concerns, the planning commission has scheduled public comment sessions every day through Thursday, when it’s expected to vote on the project.