BENICIA CITY COUNCIL AGENDA for Apr 18 includes pro-Valero Staff Report and 11 attachments

By Roger Straw, April 17, 2016

Council Agenda for Apr 18 – staff documents in support of Valero

Don’t fail to notice the significance of the Agenda for the Benicia City Council hearing on Monday, April 18. The Agenda was published on April 13 without any mention that there was a strongly worded staff report supporting Valero. The agenda has 11 attachments, linked below.

  • Crude By Rail Staff Report 4-18-2016 FINAL.pdf (This 19-page document includes 42 questions raised by Council members with staff responses, all supporting Valero’s proposal.  Staff concludes with “Staff’s recommendation for the Valero Crude by Rail Project FEIR and Use permit has not altered.”)
  • Attachment 1- Memo Surface Transportation Board Process (2-page memo by Benicia’s consulting attorney Brad Hogin, defining STB Declaratory Orders, and laying out procedures of the STB. Hogin points out that the STB does sometimes institute “declaratory order proceedings based on petitions filed by parties that are not rail carriers.”)
  • Attachment 3- MRS Response Letter to Fox Comments (8-page letter by the City’s consultant, Marine Research Specialists, defending its “Quantitative Risk Analysis” against criticism by Dr. Phyllis Fox.)
  • Attachment 2 – ESA Response Memo to Fox Comments (5-page letter by the City’s consultant, ESA, defending its against criticism by Dr. Phyllis Fox on air quality and flooding.)
  • Attachment 4 – Barkan Memo (4-page letter on crude by rail statistics by Christopher P.L. Barkan, professor at the University of Illinois at Urbana-Champaign. This is actually a very interesting document, with several tables of figures in response to questions about derailments, spills and explosions.)
  • Attachment 5- Andrew Chang Response Letter (4-page letter defending its report on fiscal and economic impacts.  Admits to no errors or overstatements.)
  • Attachment 6- SLO References to Preemption  (52 pages from the San Luis Obispo environmental report, concluding with the findings for denial.)
  • Attachment 7 -SEA-3, Inc. Surface Transportation Board Decision (7-page STB denial of a declaratory order petition, with guidance.)
  • Attachment 8 – Project Train Valero Property Diagram (1 page with two drawings showing the length of a 50-car crude oil train and the proposed unloading rack on Valero’s property.)
  • Attachment 9 – October 1, 2013 Council Report for Hogin’s Contract (2 page amendment providing for additional funds beyond $50,000 for consulting attorney Hogin to work on Valero Crude by Rail.  Glowing statements are made about his qualifications.  An attached Statement of Qualifications is not included in this PDF.)
  • Attachment 10- Public Comments Submitted April 7-12 2016 (Index on p. 1 shows letters from the City of Berkeley, Communities for a Better Environment, Benicians for a Safe and Healthy Community and 15 individuals, every one of which oppose Valero’s proposal.  In addition, the document shows a sample of an “identical letter” and lists several individuals there with no indication whether they submitted such an identical letter or some other letter.)
  • Attachment 11 – Speakers List for April 18 (This is the City’s  lists of individuals who filled out a comment card, including those who have not had an opportunity to speak and will be called on during the April 18, 2016 meeting, and those who already had a turn to speak during the April 4th or April 6th meetings, and will not be eligible to speak again.

Realtors Advisory: Disclosure of Valero Crude by Rail prior to a sale

From an email to Benicia City Planners by Andrés Soto, for Benicians for a Safe and Healthy Community
[Editor:  There has been much talk of the likelihood of falling property values if Valero begins shipping volatile and toxic crude oil on trains.  This would seem to strengthen the argument.  – RS]

Solano County Realtors Advisory: Disclosure of Valero Refinery and Crude by Rail prior to a sale

SolanoRealtors-disclosures_bFrom: Andres Soto
Sent: Thursday, April 14, 2016 11:12 AM
To: Christina Ratcliff, Amy Million
Cc: Elizabeth Patterson, Mark Hughes, Alan Schwartzman, Tom Campbell, Christina Strawbridge
Subject: For the Valero CBR record: Solano County Realtors Association Disclosures and Disclaimers Advisory

Dear Ms. Ratcliffe:

Please add the attached document, Solano County Disclosures and Disclaimers Advisory 4-1-2015 to the official record for the Valero Benicia Crude By Rail project.

This document advises both the Valero Refinery and the Valero Crude By Rail project be disclosed prior to a property sale. This document is dated since it refers to December 2014 as the most current information on the project.  [Editor: note however that the document is dated April 1, 2015.  – RS]

Perhaps there is an updated version. Certainly, approval of the appeal by Valero on the project will ensure these disclosures will continue.

These disclosures will certainly cause some prospective property purchasers to reconsider or choose not moving to Benicia due to the risks associated with such a dangerous activity and the possible negative impact on property values.

Paz,

Andrés Soto
Benicians for a Safe and Healthy Community

SAN FRANCISCO CHRONICLE EDITORIAL: Benicia – stop the oil trains

Repost from the San Francisco Chronicle

Stopping oil trains is right thing for Benicia and planet

San Francisco Chronicle EDITORIAL, April 15, 2016

California’s efforts to lead on global climate change will come down to a local decision next week. Will the Benicia City Council allow 100-car oil tanker trains a day to roll into the Valero Refinery? The council should vote no to keep the state — and the world — on track toward reducing climate-warming fossil fuels.

Like the battle in Oakland to keep a port developer from shipping trainloads of Utah coal to China, the Benicia battle is emotional, divisive and very, very local. Since discussions between the city and refinery began in 2013, townspeople have packed the City Council chambers for each crucial vote in the permitting process.

Stop Crude By Rail yardsignValero’s refinery, its stacks and cooling towers visible for miles, spreads across the northern edge of Benicia, a riverside town of 28,000 in Solano County. Valero is the source of jobs and a significant portion of the city’s tax base. Yet, drive through the streets and you will see “Stop Crude by Rail” signs everywhere.

This local decision counts because Benicia is a link in the global oil market. Oil trains would transport crude from the Bakken oil shale in North Dakota, as there are no pipelines from that region to deliver petroleum to refineries. Currently, Valero brings in most of the crude it refines via oceangoing tanker, which will continue regardless of the vote on the permit to retrofit the refinery for rail delivery.

Because of the small city’s important role in addressing global climate change, California Attorney General Kamala Harris has interceded twice in the permitting process. In 2014, at the urging of mayors of California cities along the rail lines, she required the city to redraft the environmental impact report to address rail safety and environmental impacts.

Last week, in a letter to the city, she disagreed with Valero’s view (also held by city consultants and staff) that Benicia was legally prohibited from denying the permit because federal rail transport law preempts local authority. Not so, the AG said: Federal law applies to railroads, not refineries. “Under federal law, the City retains its authority to take discretionary action to approve or deny Valero’s Project.”

The City Council must use its legal authority to do the right thing for Benicia — and the planet. Deny the permit.

FRACTRACKER ALLIANCE: Who Lives Near the Refineries?

Repost from FracTracker Alliance

Petrochemical Industry Presence in East Bay CA’s North Coast Refinery Corridor

Who Lives Near the Refineries?

By Kyle Ferrar, Western Program Coordinator & Kirk Jalbert, Manager of Community-Based Research & Engagement, March 30, 2016

Key Takeaways

  • Communities living along the North Coast of the East Bay region in California are the most impacted by the presence of the petrochemical industry in their communities.
  • Emissions from these facilities disproportionately degrade air quality in this corridor region putting residents at an elevated risk of cancer and other health impacts.
  • People of color are more likely to live near the refineries and are therefore disproportionately affected.

Refinery Corridor Introduction

The North Coast of California’s East Bay region hosts a variety of heavy industries, including petroleum refineries, multiple power plants and stations, chemical manufacturing plants, and hazardous waste treatment and disposal facilities. Nationwide, the majority of petroleum refineries are located in heavily industrialized areas or near crude oil sources. The north coast region is unique. Access to shipping channels and the location being central to the raw crude product from North Dakota and Canada to the North, and California’s central valley oil fields to the south has resulted in the development of a concentrated petrochemical infrastructure within the largely residential Bay Area. The region’s petrochemical development includes seven fossil fuel utility power stations that produce a total of 4,283 MW, five major oil refineries operated by Chevron, Phillips 66, Shell Martinez, Tesoro, and Valero, and 4 major chemical manufacturers operated by Shell, General Chemical, DOW, and Hasa Inc. This unequal presence has earned the region the title, “refinery corridor” as well as “sacrifice zone” as described by the Bay Area Refinery Corridor Coalition.

The hazardous emissions from refineries and other industrial sites are known to degrade local air quality. It is therefore important to identify and characterize the communities that are affected, as well as identify where sensitive populations are located. The communities living near these facilities are therefore at an elevated risk of exposure to a variety of chemical emissions. In this particular North Coast region, the high density of these industrial point sources of air pollution drives the risk of resultant health impacts. According to the U.S.EPA, people of color are twice as likely to live near refineries throughout the U.S. This analysis by FracTracker will consider the community demographics and other sensitive receptors near refineries along the north coast corridor.

In the map below (Figure 1) U.S. EPA risk data in CalEnviroscreen is mapped for the region of concern. The map shows the risk resulting specifically from industrial point sources. Risk along the North Coast is elevated significantly. Risk factors calculated for the region show that these communities are elevated above the average. The locations of industrial sites are also mapped, with specific focus on the boundaries or fencelines of petrochemical sites. Additional hazardous sites that represent the industrial footprint in the region have been added to the map including sites registered with Toxic Release Inventory (TRI) permits as well as Superfund and other Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites. The Toxmap TRI sites are facilities that require a permit to emit hazardous air pollutants. The superfund and other CERCLA sites are locations where a historical footprint of industry has resulted in contamination. The sites are typically abandoned or uncontrolled hazardous waste sites that are part of register for tax-funded clean-ups.

Figure 1. Interactive map of risk in the East Bay’s North Coast refinery corridor

View Map Fullscreen | How Our Maps Work

Oil refineries in particular are unique sources of air emissions. There are 150 large domestic refineries throughout the United States. They are shown in the map in Figure 2 below. The majority (90%) of the refined products from these refineries are fuels; motor vehicle gasoline accounts for 40%. The refinery sites have hundreds of stacks, or point sources, and they emit a wide variety of pollutants, as outlined by the U.S. EPA:

  • Criteria Air Pollutants (CAPs)
    • Sulfur Dioxide (SO2)
    • Nitrogen Oxides (NOx)
    • Carbon Monoxide (CO)
    • Particulate Matter (PM)
  • Volatile Organic Compounds (VOCs)
  • Hazardous Air Pollutants (HAPs)
    • Carcinogens, including benzene, naphthalene, 1,3-butadiene, PAH
    • Non-carcinogenic HAP, including HF and HCN
    • Persistent bioaccumulative HAP, including mercury and nickel
  • Greenhouse Gases (GHG)
  • Hydrogen Sulfide (H2S)

Figure 2. Map of North American Petroleum Refineries


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BAAQMD Emissions Index

Disparate health impacts are therefore a known burden for these Bay Area communities. The region includes the cities of Richmond, Pinole, Hercules, Rodeo, Crockett, Port Costa, Benicia, Martinez, Mt. View, Pacheco, Vine Hill, Clyde, Concord, Bay Point, Antioch, and Oakley. In addition to preserving the ecological system health of this intercostal region is also important for both the ecological biodiversity of the marsh as well as commercial and recreational purposes. These wetlands provide a buffer, able to absorb rising waters and abate flooding.

The Bay Area Air Quality Management District’s (BAAQMDCumulative Impacts report identified areas where air pollution’s health impacts are relatively high in the San Francisco Bay Area. The report is does not limit their analysis to the North Coast, but shows that these regions with the most impacts are also the most vulnerable due to income, education level, and race and ethnicity. The report shows that there is a clear correlation between socio-economic disadvantages and racial minorities and the impacted communities. Figure 3 shows the regions identified by the BAAQMD as having the highest pollution indices.

Analysis

This analysis by FracTracker focuses specifically on the north shore of the East Bay region. Like the BAAQMD report, National Air toxic Assessment (NATA) data to identify census tracts with elevated risk. Specifically, elevated cancer and non-cancer risk from point sources emitting hazardous air pollutants (HAPs) as regulated by the U.S. EPA were used. CalEnviroScreen 2.0 data layers were also incorporated, specifically the U.S. EPA’s Risk Screening Environmental Indicators (RSEI) data. RSEI uses toxic release inventory (TRI) data, emission locations and weather to model how chemicals spread in the air (in 810m-square grid units), and combines air concentrations with toxicity factors.

The census tracts that were identified as disproportionately impacted by air quality are shown in the map below (Figure 4). The demographics data for these census tracts are presented in the tables below. Demographics were taken from the U.S. census bureau’s 2010 Census Summary File 1 Demographic Profile (DP1). The census tracts shapefiles were downloaded from here.

Figure 4. Interactive Map of Petrochemical Sites and Neighboring Communities in the East Bays North Coast Industrial Corridor

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Buffers were created at 1,000 ft; 2,000 ft; and 3,000 ft buffers from petrochemical sites. These distances were developed as part of a hazard screening protocol by researchers at the California Air Resources Board (ARB) to assess environmental justice impacts. The distances are based on environmental justice literature, ARB land use guidelines, and state data on environmental disamenities (Sadd et al. 2011). A demographical profile was summarized for the population living within a distance of 3,000 feet, and for the census tracts identified as impacted by local point sources in this region. The analysis is summarized in Table 1 below. Additional data on the socioeconomic status of the census tracts is found in Table 2.

Based on the increased percentage of minorities and indicators of economic hardship shows that the region within the buffers and the impacted census tracts host a disproportionate percentage of vulnerable populations. Of particular note is 30% increase in Non-white individuals compared to the rest of the state. We see in Table 2 that this is disparity is specifically for Black or African American communities, with an over 150% increase compared to the total state population. The number of households reported to be in poverty in the last 12 months of 2014 and those households receiving economic support via EBT are also elevated in this region. Additional GIS analysis shows that 7 healthcare facilities, 7 residential elderly care facilities, 32 licensed daycares, and 17 schools where a total of 10,474 students attended class in 2014. Of those students, 54.5% were Hispanic and over 84% identified as “Non-white.”

Table 1. Demographic Summaries of Race. Data within the 3,000 ft buffer of petrochemical sites was aggregated at the census block level.

Total Population Non-White Non-White (%ile)  Hispanic or Latino  Hispanic or Latino (%ile)
Impacted Census Tracts 387,446 212,307 0.548 138,660 0.358
3,000 ft. Buffer 77,345 41,696 0.539 30,335 0.392
State Total 37,253,956 0.424 0.376

Table 2. Additional Status Indicators taken from the 2010 census at the census tract level

Indicators (Census Tract data) Impacted Count Impacted Percentile State Percentile
Children, Age under 5 27,854 0.072 0.068
Black or African American 60,624 0.156 0.062
Food Stamps (households) 0.1103 0.0874
Poverty (households) 0.1523 0.1453

Conclusion

The results of the refinery corridor analysis show that the communities living along the North Coast of the East Bay region are the most impacted by the presence of the petrochemical industry in their communities. Emissions from these facilities disproportionately degrade air quality in this corridor region putting residents at an elevated risk of cancer and other health impacts. The communities in this region are a mix of urban and single family homes with residential land zoning bordering directly on heavy industry zoning and land use. The concentration of industry in this regions places an unfair burden on these communities. While all of California benefits from the use of fossil fuels for transportation and hydrocarbon products such as plastics, the residents in this region bear the burden of elevated cancer and non-cancer health impacts.

Additionally, the community profile is such that residents have a slightly elevated sensitivity when compared to the rest of the state. The proportion of the population that is made up of more sensitive receptors is slightly increased. The region has suburban population densities and more children under the age of 5 than average. The number of people of color living in these communities is elevated compared to background (all of California). The largest disparity is for Black or African American residents. There are also a large number of schools located within 3,000 ft of at least one petrochemical site, where over half the students are Hispanic and the vast majority are students of color. Overall, people of color are disproportionately affected by the presence of the petrochemical industry in this region. Continued operation and any increases in production of the refineries in the East Bay disproportionately impact the disadvantaged and disenfranchised.

With this information, FracTracker will be elaborating on the work within these communities with additional analyses. Future work includes a more in depth look at emissions and drivers of risk on the region, mapping crude by rail terminals, and working with the community to investigate specific health endpoints. Check back soon.

References

  1. U.S.EPA. 2011. Addressing Air Emissions from the Petroleum REfinery Sector U.S. EPA. Accessed 3/15/16.
  2. Sadd et al. 2011. Playing It Safe: Assessing Cumulative Impact and Social Vulnerability through an Environmental Justice Screening Method in the South Coast Air Basin, California. International Journal of Environmental Research and Public Health. 2011;8(5):1441-1459. doi:10.3390/ijerph8051441.

** Feature image of the Richmond Chevron Refinery courtesy of Paul Chinn | The Chronicle