All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Ohio catastrophe is ‘wake-up call’ to dangers of deadly train derailments

The next derailment ‘could be cataclysmic’ if action isn’t taken after the incident near the Ohio-Pennsylvania border, says expert

An aerial view of the train derailment several days after the incident, on 8 February, in East Palestine, Ohio. Photograph: MediaPunch/Rex/Shutterstock

The Guardian, by Tom Perkins, 11 Feb 2023

Five days after a train carrying vinyl chloride derailed and exploded near the Ohio-Pennsylvania border, crews ignited a controlled burn of toxic chemicals to prevent a much more dangerous explosion.

Thousands in East Palestine, a town of about 5,000 people, evacuated, and officials warned the controlled burn would create a phosgene and hydrogen chloride plume across the region. Phosgene is a highly toxic gas that can cause vomiting and breathing trouble, and was used as a weapon in the first world war.

Though no one died in the accident, the catastrophe serves as a wake-up call to the potential for more deadly freight rail derailments, public health advocates warn. By one estimate, 25 million Americans live in an oil train blast zone, and had the derailment occurred just a few miles east, it would be burning in downtown Pittsburgh, with tens of thousands of residents in immediate danger.

Ineffective oversight and a largely self-monitoring industry that has cut the nation’s rail workforce to the bone in recent years as it puts record profits over safety is responsible for the wreck, said Ron Kaminkow, an Amtrak locomotive engineer and former Norfolk Southern freight engineer.

“The Palestine wreck is the tip of the iceberg and a red flag,” said Kaminkow, who is secretary for the Railroad Workers United, a non-profit labor group that coordinates with the nation’s rail unions. “If something is not done, then it’s going to get worse, and the next derailment could be cataclysmic.”

About 4.5m tons of toxic chemicals are shipped by rail each year and an average of 12,000 rail cars carrying hazardous materials pass through cities and towns each day, according to the US Department of Transportation.

The latest accident comes after 47 people were killed in the town of Lac-Megantic, Quebec, in 2013 when a runaway train exploded. In February 2020, a crude oil train derailed and exploded outside Guernsey, Saskatchewan, and an ethanol train in Kentucky derailed and burst into flames a week later.

The Pittsburgh region alone has seen eight train derailments over the last five years, according to the public health advocacy group Rail Pollution Protection Pittsburgh (RPPP), and about 1,700 annually occur nationally. The causes of the Pittsburgh accidents highlight the myriad ways in which things can go wrong. A crack in a track ignored by rail companies caused a 2018 derailment, while another train hit a dump truck at a crossing with inadequate safety equipment. A broken axle on a train car is thought to be the source of the East Palestine accident.

Up to 50% of volatile Bakken crude oil refined on the east coast currently runs through metro Pittsburgh, RPPP estimated, and about 176,000 Pittsburghers live in the derailment blast zone.

Rail traffic is projected to increase through the region as a new Shell plastic plant comes online and rail infrastructure, like tracks and bridges, are in a precarious state, said Glenn Olcrest, founder of RPPP.

“The railroads are playing Russian roulette with Pittsburgh,” he said. “We are a prime candidate for a major derailment and explosion.”

Still, the US transportation department (DoT) in 2020 approved a rule to allow liquified natural gas, or LNG, to be shipped via rail with no additional safety regulations. Trains can now run 100 or more tank cars filled with 30,000 gallons of the substance, largely from shale fields to saltwater ports.

The decision was opposed by local leaders, unions, fire departments and the NTSB.

“The risks of catastrophic LNG releases in accidents is too great not to have operational controls in place before large blocks of tank cars and unit trains proliferate,” the NTSB wrote in a comment on the proposed rule.

Just 22 train tank cars filled with LNG hold the same amount of energy as the Hiroshima bomb, a coalition of environmental groups wrote in comments to regulators opposing the LNG rail rule change in 2020. That is raising fears of a catastrophe if a proposed LNG port is built in New Jersey, which could take shipments from two 100-car trains daily that would run through nearby metro Philadelphia.

An LNG fire is extremely difficult for local crews to contain, and shipping it via rail is “an extremely dangerous practice”, said Natural Resources Defense Council senior attorney Kimberly Ong.

“We’ve been astonished by the effect that the spillage of five cars of vinyl chloride has had at the Pennsylvania-Ohio border, but that would be nothing compared to the effects of a similar derailment of LNG,” she added.

In Florida, plans to expand passenger rail service also seem designed to increase LNG shipment capacity by the company behind the effort, said Susan Mehiel, coordinator of the Alliance for Safer Trains. The public safety advocacy group fears higher-speed passenger trains sharing tracks with freight trains carrying LNG and other chemicals could ignite a disaster like that in East Palestine.

Eastern Ohio is less dense than most of where Florida’s lines run, Mehiel added. An LNG explosion in denser east Florida would likely be much more deadly, she said.

“There’s no evacuation because you’re dead, so it’s very frightening,” Mehiel said.

Under the Biden administration, the transportation department has proposed a suspension of the Trump-era LNG rule allowing the substance to be transported via rail and to replace it with a new rule. The suspension was supposed to be published by June 2022, but it and the new rule have been delayed twice, and are now supposed to be final in March, Ong said.

“I don’t know if this is a priority for DoT,” she added.

The Railroad Workers United pinned the threat on rail industry cuts to inspection staff and the elimination of safety protocol. The East Palestine train was hurried, the non-profit said in a statement, and though a cause hasn’t been fully determined, it appears the train was not properly inspected.

Rail companies laid off more than 20,000 rail workers during a year period in 2018-2019, representing the biggest layoffs in rail since the Great Recession, and the nation’s rail force has dipped below 200,000 – the lowest level ever, and down from 1 million at its peak.

“They have cut the hell out of the workforce, and there are big plans to cut it further,” Kaminkow said. “Just because the rail companies are profitable doesn’t mean they’re healthy.”

Valero raked in $11.5 billion in 2022 profits, beating its $930 million for the previous year by a dozen times.

Valero 2022 Profits Skyrocket But Gas Pump Gouging In CA Moderates As CA Threatens Refiner Penalty

Consumer Watchdog, by Liza Tucker, 01/26/2023

Los Angeles, CA—Valero raked in $11.5 billion in 2022 profits, beating its $930 million for the previous year by a dozen times. However, Governor Newsom’s call for a special session in October to deal with price gouging appears to be having an impact on gouging in California as California-reported refinery margins were lower than any other region for the first time this year and in line with historic margins.

“Valero reported profits per gallon of gasoline in California during the fourth quarter at below 50 cents, a red line marker for price gouging,” said Consumer Watchdog Liza Tucker. “It reported per gallon profits off California gas at 36 cents, a reasonable profit in line with what the refiner earned here for the last 20 years. Meanwhile margins elsewhere remained high.

“The threat of a legislative penalty on gasoline price gouging that Governor Newsom called for appears to be reining in gas prices in California already,” said Tucker. “Clearly, California lawmakers should enact that penalty.”

Consumer Watchdog has called for 50 cents as a demarcation line on profits per gallon above which refiners will pay a penalty. SBX 1 2, introduced by Senator Nancy Skinner (D-Berkeley) will set a penalty on California refiners when gas prices and the profits refiners make per gallon off consumers become abnormally high. The legislature has yet to set a profit level for the penalty.

Five refiners control California’s gasoline market by making 97% of the state’s gasoline. They usually report higher profit margins per gallon of gasoline for the US West Coast than any other region in which they operate, said Tucker.  Valero’s 4th quarter profits were the first indication the price gouging penalty has impacted the companies’ policies. In addition, November and December gasoline prices in California were more in line with the typical spread between average US and California prices of a little more than a dollar.

“Just raising the price gouging penalty has significantly curbed Valero’s profit taking in California and made gasoline more affordable for Californians and in particular the most vulnerable in the state who were paying as much as 20% of their after-tax income for gasoline,” said Jamie Court, President of Consumer Watchdog. “Imagine how much Californians will save once a penalty is enacted.”

Valero tripled its fourth quarter profits to $3.1 billion from $1 billion. But Valero reported West Coast refining margins per barrel—the difference between what crude oil costs a refiner compared to the wholesale charge for the finished product—that were the lowest among its regions of operation.  Since Valero only has Western refineries in California, the margins are California-specific.

Valero reported a margin of $15.43 for the West Coast, compared to $18.88 for the US Mid-Continent, $22.68 for the Gulf Coast, and $29.66 for the North Atlantic. Consumer Watchdog divides margin per barrel numbers to arrive at a per gallon profit.  That translated into a profit of 36 cents per gallon in California, 44 cents in the US Mid-Continent region, 54 cents on the Gulf Coast, and 70 cents in the North Atlantic.

In contrast, Valero bagged price gouging profits per gallon in the second and third quarters of 2022. In the second quarter of 2022, Valero reported an 83 cent per gallon profit at the pump and, in the third quarter, a 60 cent per gallon profit in the third quarter, according to Consumer Watchdog research. See refiner profit per gallon chart here.

According to Gary Simmons, Valero’s executive vice president, profits were buoyed by a continued tight market for crude. Simmons said that bad weather also interfered with the restocking that normally occurs at this time of the year. “That sets up the year nicely from the refinery margin perspective,” he said.

As it was, California’s big five oil refiners posted overall profits of $67.6 billion in the first nine months of 2022 – nearly quadruple the profits recorded for the same period in 2021. Chevron reports its fourth quarter and annual earnings tomorrow. It controls 30% of California’s gasoline market.

‘Our Voices’ – Black History Month


BENICIA BLACK LIVES MATTER
…OUR VOICES…

From BeniciaBlackLivesMatter.com
[See also: About BBLM]

“The time is always right to do the right thing. Our lives begin to end the day we become silent about things that matter.”
– The Reverend Dr. Martin Luther King, Jr. (1968)
“The stones that the builder rejected are now the cornerstones of this experiment called America…When the rejected get together, we can in fact redeem America from hate and discrimination. When the rejected join hands, our togetherness becomes the instrument of redemption, and we can revive and ensure that the promise of life, liberty, and the pursuit of happiness, and equal protection under the law, and care for the common good will never be taken away or forfeited for anybody, any time, anywhere.”
– The Bishop Reverend Dr. William J. Barber, III (2017)

February 6, 2023
By Sheri Leigh, a member of Benicia Black Lives Matter

February has been designated as Black History Month. It’s interesting that the public education system and the national government now sanction a month to focus on the history of Black people when Black history has been part of American and world history all along, as have women’s history, gay history, and the histories of other marginalized groups. Ideally, the history of these groups shouldn’t have to be singled out for special consideration. However, the designation does provide a good opportunity for everyone to reflect on the historical progress and continuing challenges Blacks and People of Color and marginalized groups face. Let’s take a moment to consider what progressive and much needed changes the Reverend Doctor Martin Luther King’s efforts precipitated and the challenges he faced in the process, and compare that to where we are today.

The late Reverend King is much revered by many. With his organization and leadership skills, he orchestrated several momentous demonstrations that ultimately led to legislative changes that helped Black Americans access civil rights and made significant progress towards an equitable society. The ensuing Civil Rights Act of 1964 and the Voting Rights Act of 1965 were two of the most powerful pieces of legislation that brought an end to legal segregation, voting suppression, and an imbalanced workplace based on race. Dr. King’s efforts were not only directed towards rights for Black people, he also focused on jobs for everyone. One of the goals of his March on Washington in 1963 was to train and place unemployed workers, and the Poor People’s Campaign in 1967 sought to address solutions to poverty in general through better employment and housing. Dr. King embraced personal responsibility, urging people to judge others by their personal qualities, rather than by the color of their skin. This is why we honor Martin Luther King with a special day of commemoration. But what about his challenges?

Dr. King was largely despised while he lived. His leadership threatened the way of life for the white community and many of them, acting out of fear of losing their social advantages, treated him with utter disdain and hatred. He was arrested 29 times. The FBI pronounced him a threat to National Security. He was dismissed by other leaders of his own faith, both Black and white, who publicly (and with great hypocrisy) claimed that the Church should not involve itself in social issues. Despite his commitment to non-violent tactics, the marches he led were met with vehement and aggressive attacks, sometimes by white bystanders and sometimes by law enforcement. His marchers were frequently assaulted by activated fire hoses and trained attack dogs. Some were targeting children who were peaceably marching for the right to an equitable life in this country. Dr. King was stabbed, his home was bombed, and he was the target of an unsuccessful assassination attempt ten years before James Earl Ray finally shot and killed King on April 4, 1968 in Memphis, Tennessee.

But one of the most difficult challenges Dr. King faced was among his own race. Some members of the Black community preferred to keep the status quo in order to remain safe. Others believed that King’s commitment to non-violence was a strategy intended to bring a “Christian” ideology to his efforts and to wake up the consciousness of white “Christians,” rather than as an authentic practice. King’s early partnership with organizations such as the Student Non-Violent Coordinating Committee (SNCC) served to strengthen this viewpoint. The Pittsburgh Courier, a leading Black newspaper, claimed that “King was tragically misleading Black Americans.” A few prominent Black organizations, including the Congress of Racial Equity (CORE), did not agree with the passive protesting model. Several factions of Civil Rights advocates agreed with CORE and promoted defending themselves against the rampant violence inflicted on them by white individuals and mobs during the protests, as well as at other times, particularly when police stood by and did nothing to protect the protestors. As the “Black Power” slogan gained momentum, a rift developed between the followers of Dr. King and those who sought justice by fighting back. For a time, King was one of the most hated men of his time within his own community.

It was a complicated and dangerous time, and Dr. King was angry, as he had every right to be. What he endured was unfathomable. Yet he continued to channel his anger into leading a national, non-violent movement and making passionate speeches, which, seventy years later, we are still quoting. Today, he is recognized as the primary leader of the Civil Rights movement of the 1950’s and 60’s. With his tremendous oratory and leadership skills, and his untiring commitment to civil rights and equity, he instigated tremendous advancement for People of Color in this country. Dr. King received the Nobel Peace Prize of 1964 as a tribute to the enormity of his efforts.

Today, there is still rampant and unnecessary violence against Black people. With the well publicized murders of Eric Garner, Breonna Taylor, George Floyd, and just last month, Tyre Nichols, to name a few – all Black and all killed by law enforcement officers for dubious reasons- it is obvious there is still a serious lack of decorum and training in many prominent law enforcement agencies throughout the United States. Most states, including California, grant qualified immunity to law enforcement agents, keeping them protected from prosecution when they have injured or killed someone while on duty unless there is reason to believe that they knowingly violated that victim’s constitutional rights. This violation is often difficult to prove. It’s no wonder many People of Color don’t feel safe around those sworn to “protect” us. Systemic racism in schools, government agencies, and financial institutions remain a considerable roadblock to many individuals and families of Color towards obtaining equal opportunity and economic and social advancement.

The critical work of Dr. King continues to be carried out by leaders such as Bishop Doctor William J. Barber III, who is leading a campaign very similar to what Dr. King did in the 1960s. Dr. Barber is President of his growing non-profit organization, Repairers of the Breach, and a Senior Lecturer at several universities, including the Yale Divinity School. He is also Co-Chair of the Poor People’s Campaign. He served as President of the North Carolina NAACP (National Association for the Advancement of Colored People) from 2006 -2017 and continues his work there on the Board of Directors. Through his organization, Repairers of the Breach, Dr. Barber is committed to a movement he calls Moral Fusion, which emphasizes grassroots protesting through non-violent civil disobedience and change through education, voting rights and engagement, much like Dr. King. And like Dr. King, Dr. Barber is focusing his efforts primarily in the deep South, where the damaging history of race-based slavery has created lasting racial discrimination and tension.

Black history, which is a significant part of American history, today is much like the history of seventy years ago. Although legislatively, we have come a long way, Blacks and other marginalized groups are still fighting every day to be free from discrimination, and for social and financial equity, public respect, and the right to a safe and happy life. The question is, what can we do, collectively and as individuals, to bring an end to this imbalance and injustice?

Black History Month in Benicia – Scavenger Hunt & Movie Screening

Benicia Black Lives Matters hopes that you will join us for our free upcoming Black History Month event on Sunday, February 19. We are sponsoring a children’s Scavenger Hunt to learn about Black historical figures along First Street from 1 – 4pm. The hunt will culminate at the Benicia library. For the first clue and more details on the Scavenger Hunt, please email: BBLMEducationTeam@gmail.com. There will also be a short program and a movie screening of the documentary, “We Are the Dream: The Kids of the Oakland MLK Oratorical Fest,” at the library in the Dona Benicia room from 3:30 – 5pm. Everyone is invited and welcome!


Previous ‘Our Voices’ stories here on the BenIndy at
Benicia Black Lives Matter – Our Voices
     or on the BBLM website at
beniciablacklivesmatter.weebly.com/ourvoices

Open Letter to the Benicia City Council: ‘It didn’t have to be this way’

[Editor – Excellent analysis and critique of Council’s ‘Housing Element’ decision on January 24.  For additional background, see earlier stories on BenIndy below– R.S.]

Historic Benicia Arsenal Advocates address City Council on Housing Element decision

January 30, 2023

Benicia City Council Benicia City Hall
250 East L Street
Benicia, CA 94510
RE: 2023-2031 Housing Element – January 31 Agenda Item 10.A

Dear Mayor Young and Council Members:

At the January 24 meeting, despite testimony from many community members advocating for a better alternative, the City Council approved a Housing Element that threatens Benicia’s precious historic resources, puts future residents directly in the path of environmental hazards, and fails to further fair housing goals. [Agenda, Minutes, Video]

(Click image to see the 1999 General Plan)

It didn’t have to be this way. Throughout the 12-month Housing Element update process, concerned community members raised these issues and pointed to better alternatives. And unlike many cities, Benicia had a large number of viable and desirable housing sites to choose from. The Council rejected many suitable sites, often at the request of a handful of neighbors, and yet chose not to consider the larger issues of historic preservation, fair housing, and environmental hazards that civic-minded community members have raised throughout the process. The comments from these community members represented longstanding City policies and values enshrined in the Benicia General Plan.

Click image to view the Housing Element Draft EIR (532-pages, slow download)

At the January 24 Council meeting, a near-capacity crowd asked the Council to approve the Environmentally Superior Alternative as identified in the Housing Element Environmental Impact Report (EIR). As stated on page 6-23 of the EIR, the Environmentally Superior Alternative would meet all the project’s objectives. This alternative would have reduced impacts on historic resources in the Arsenal and downtown and helped address hazards and fair housing concerns while still meeting the City’s housing needs and State of California requirements.

The rationale for the Council’s decision was apparently that, based on advice from the City’s consultants and staff, the Environmentally Superior Alternative might not actually be feasible. The California Environmental Quality Act (CEQA) requires that alternatives evaluated in EIRs be feasible. If the Environmentally Superior Alternative was not feasible, the Housing Element EIR is inadequate and should not have been certified.

The staff and consultants also claimed that the Council really had no choice but to approve the Housing Element as currently drafted, due to the looming January 31 deadline for Housing Element adoption, the cost of making changes, and the fact that they had not evaluated the Environmentally Superior Alternative for fair housing compliance. If that were the case, it would appear that the City designed the process and schedule to prevent meaningful consideration of EIR alternatives, violating the public’s trust as well as the requirements and intent of CEQA.
Let’s be clear: The Council had a choice. At the January 24 meeting and throughout the process, the Council had better options but chose not to act on them out of expediency or fear of State repercussions. The Council had an opportunity to present a vision for the future of Benicia and failed to meet the challenge.

Sincerely,

Benicia Arsenal Park Task Force,
Benicia Arsenal Defense, and
1000 Friends Protecting Historic Benicia

cc. City Clerk, Community Development Director,  Benicia Herald, Benicia Independent, Vallejo Times-Herald, Vallejo Sun



See earlier on BenIndy: