Government deregulation without limits – FAA comes under criticism

Repost from The Register-Guard, Eugene, OR
[Quote: “When something bad happens, the government will take action — but over time those regulations and requirements wind up being dropped, reduced or delayed. The 2017 fatal Amtrak derailment near Tacoma, the 2016 oil train derailment in the Columbia River Gorge, the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico, the 2008 financial crisis and countless other events could have been prevented.”]

Deregulating? DeFazio’s watching

Posted Mar 27, 2019 at 12:01 AM

The Boeing 737 jet crashes raise troubling questions that go far beyond one company’s safety record and one federal agency’s watchdog role.

The history of the Boeing 737 MAX 8 aircraft suggests it is an example of how the government’s regulation-and-oversight pendulum has swung too far. The Federal Aviation Administration has lacked both the money and the inclination to adequately oversee aircraft development, instead relying heavily on companies to do their own testing.

Oregon Rep. Peter DeFazio is demanding answers. The Springfield Democrat chairs the U.S. House Transportation and Infrastructure Committee. The committee’s investigative staff is doing research, and DeFazio then plans to hold hearings.

“This is really, really raising questions about the FAA as a watchdog,” he said in a meeting with The Register-Guard editorial board.

A faulty sensor is being investigated as one cause, and Boeing is working on a software fix. The two-sensor system was developed as a safety feature to prevent a plane from stalling. But it appears the failure of just one sensor can send the aircraft into a powerful, possibly irreversible dive unless the pilots override the system within 40 seconds, according to a New York Times report this week.

DeFazio promises a tenacious investigation. Among the questions are why the system was designed this way, whether the aircraft was unsafely rushed to market, and why the FAA and Boeing did not require extensive retraining of pilots.

“This is the first time Boeing has put in a system that took over the plane automatically,” he said. “And they didn’t think they needed to tell people about it — because it’s different from any other Boeing plane ever made?

“Obviously, maybe not the best idea.”

For years, the FAA has lacked sufficient inspectors and has outsourced much of that responsibility to the manufacturers. But the FAA is not unique. We now have a government that relies on the honor, integrity and self-supervision of the industries it regulates.

When something bad happens, the government will take action — but over time those regulations and requirements wind up being dropped, reduced or delayed. The 2017 fatal Amtrak derailment near Tacoma, the 2016 oil train derailment in the Columbia River Gorge, the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico, the 2008 financial crisis and countless other events could have been prevented.

“It’s repeated time and time again,” DeFazio said. “There are limits to deregulation, which in many cases have been exceeded.”

Oregon has its own history of unwatchful eyes. The Cover Oregon health insurance fiasco could have been averted through closer, more-knowledgeable oversight and insistence on stronger testing of the technology throughout its development. Better oversight — not to mention much-better planning in the first place — might have saved the state from wasting millions of dollars in the Highway 20 reconstruction between the valley and the coast.

Each time, government and the public vow to learn from these lessons. Then we relax and we forget.

When DeFazio and his congressional colleagues find the answers they are seeking, our government should heed them.

Vallejo releases unfinished Orcem/VMT report after community demands

Repost from the Vallejo Times-Herald

Community demands spur release

By John Glidden, March 26, 2019 at 12:02 pm | UPDATED: March 27, 2019 at 1:35 pm
The site of the Vallejo Marine Terminal/Orcem Americas project proposed for South Vallejo is shown. (Times-Herald file photo)

Amid growing pressure from the community and applicants, the city of Vallejo on Tuesday released an unfinished draft version of the updated Final Environmental Impact Report (FEIR) for the Orcem/VMT project proposed for development in South Vallejo.

In a message posted to the city’s website, staff cautioned that the lengthy document, in its current form, is not ready to be presented to the council for certification and possible project approval under the California Environmental Quality Act (CEQA).

“As of this date, clarification is needed as to who is the responsible party for certain indemnity and mitigation measures, and who has site control and ownership of the project site,” staff wrote in its message. “While this clarification is obtained processing of the EIR has been paused.”

Reached by phone Tuesday, Vallejo Mayor Bob Sampayan said he agreed with City Hall’s decision to release the report.

“(The city has) been pressured to release the EIR,” he said. “Both sides have asked that it be released, and the public has the right to go through it.”

However, the City Council has yet to certify the contents of the FEIR, he warned.

Vallejo Marine Terminal (VMT) wants to build a deep-water terminal, while Orcem Americas is seeking to build a cement facility. Both projects would be located on the same 31 acres at 790 and 800 Derr St. next to the Mare Island Strait in South Vallejo.

VMT/Orcem opponents and supporters wait to hear the decision from the Vallejo City Council in 2017 at City Hall in Vallejo. (Chris Riley — Times-Herald file)

Release of the report comes nearly two years after the council directed city staff to complete and finalize the EIR.

Orcem has been one of the more vocal voices, spending money on various advertising in the Times-Herald, demanding City Hall release the document for public review.

Steve Bryan, president of Orcem Americas, said his team was surprised by the sudden release of the document.

“We haven’t had time to review the document, but we were very surprised today,” Bryan wrote in an email. “Like everyone else, we were expecting the Final EIR. The City Attorney’s February 25th letter stated the City was ready to release March 1st, not another Draft FEIR.”

Opponents of the project have insisted on release of the report. They’ve expressed concern the development, if built, will harm the surrounding neighborhoods and city.

Peter Brooks, president of Fresh Air Vallejo, a group opposed to the project, said on Tuesday that the group was not surprised by the release of the unfinished document.

“We are prepared to go through the report with a fine-toothed comb,” he wrote in an email to the Times-Herald.

The Vallejo Planning Commission voted 6-1 in 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall said at the time.

Vallejo Marine Terminal and Orcem officials in the front row react after the Vallejo Planning Commission voted 6-1 in March 2017 to reject the proposed project.

City officials argued in 2017 that since a rejection was being recommended, a FEIR was not required. At the time, city leaders called the first iteration of the document a draft FEIR. The report released on Tuesday is an updated version.

Orcem and VMT appealed the Planning Commission decision, and in June 2017 when reviewing the appeal, a majority of the then-council directed City Hall to complete the impact report.

Since then, numerous agencies have issued letters of concern with the project as they reviewed the first version of the DFEIR.

The FEIR was expected to be released last year until leaders received a 13-page letter from Erin Ganahl, deputy attorney general for the State of California, writing that the project’s DFEIR, an Environmental Justice Analysis (EJA), and the Revised Air Analysis were misleading.

“The environmental documents for the project fail to provide adequate legal support for the city of Vallejo to approve the project,” Ganahl wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”

Just this month, the Bay Area Air Quality Management District (BAAQMD) issued a letter concluding that if the Orcem portion of the project was built, it would increase air pollution.

“The project as proposed will increase air pollution in an already overburdened community and increase the health burden placed on the community from toxic air contaminants including diesel particulate matter, a known carcinogen,” BAAQMD officials wrote after reviewing the stationary sources proposed by Orcem.

City Hall said in its Tuesday message that staff expects to provide the City Council a progress report on the project by April 23.

Benicia asthma rate well above average – statistics

By Roger Straw, March 27, 2019

Yesterday, Benicia  Mayor Elizabeth Patterson circulated an E-Alert titled “Asthma Rates in Solano County.” She supported claims being made that Benicia asthma rates are high, showing a detailed chart published by the California Department of Public Health.

The Mayor was challenged, evidently, on the accuracy of claims that Benicia asthma rates are at 30%.  Patterson wrote, “Questions are being raised about the asthma rates in Solano.  A quick search to confirm the stated 30% corrects that information below. However, in other studies the rate was listed higher.  Here is the  link.”

Today, Mayor Patterson sent another email clarifying her original source for the 30% figure: a Solano County report, “Asthma Rate by Zip Code.”   That March 2016 report showed “Prevalence of ASTHMA among Solano County adult residents is 2.2X the prevalence among all Californians.  Solano County: 30.1%, California: 14.2%.  Source: Behavioral Risk Factor Surveillance System, Centers for Disease Control and Prevention.  Additional data analysis by CARES. 2011-2012.”

Patterson wrote, “You will see where I got my original 30% rate. Now [2018] the county shows approximately 24% for Benicia and so we are talking about a 6% difference.  The data from the County is based on data from medical facilities.  We have done presentations at the City Council and posted the information with various caveats. County Health is doing a good job and the information is getting updated. But at the end of the day, we have unhealthy air that contributes to asthma, cardio-vascular problems and diabetes.

California Gas Prices Expected to Spike in Wake of Shutdown at Valero’s Benicia Refinery

Repost from KQED California Report

By Ted Goldberg, Mar 26, 2019
Valero’s Benicia refinery on March 24, 2019. (Solano County)

California drivers — or the millions of them whose cars still run on refined petroleum — can expect to pay more to fill up their gas tanks in the coming days thanks to the partial shutdown of Valero’s Benicia refinery.

The retail cost of a gallon of gasoline in the state is expected to rise immediately, according to David Hackett, president of Stillwater Associates, a transportation energy consulting company based in Irvine.

That’s after a 12-cent spike in wholesale gas prices on Monday, Hackett said.

“That price increase is likely to get passed through to motorists over the next week or so,” he said. “You’ll start seeing prices go up starting probably today.”

The average cost of a gallon of regular unleaded gasoline in California is $3.51, 16 cents higher than a week ago, according to AAA.

Several agencies are investigating a series of petroleum coke dust releases at the Benicia refinery that began more than two weeks ago. Those releases intensified on Sunday, prompting city officials to issue a health advisory.

The Valero refinery’s flue gas scrubber malfunctioned, a problem that led to a sooty plume of petroleum coke to billow out of the facility’s smokestacks. To deal with the problem, the refinery is slowly shutting down a significant part of its operations.

Last week, problems at two other California refineries contributed to the recent jump in gas prices.

AAA says a fire at a crude processing unit at the Phillips 66 refinery in Los Angeles County and a series of flaring incidents at Chevron’s Richmond refinery drove prices higher.

AAA spokesman Michael Blasky said price spikes are the norm when refineries suffer problems that lead to curtailed production.

“When a refinery goes offline and supply drops, retailers incorporate price increases almost immediately in California,” Blasky said.

Wholesale suppliers that sell fuel to gas stations and hear about the Benicia refinery’s shutdown will probably go into the so-called spot market to buy gas, sending the price up, Hackett said.

The refinery problems come amid a jump in the price of crude oil over the last year, which has sent gas prices up nationally.