Crude By Rail, Federal pre-emption, Local Regulation, Surface Transportation Board, Valero Benicia Appeal, Valero Benicia Refinery, Valero Crude By Rail, Valero request for delay

BREAKING: Benicia City Council approves Valero’s request to delay

By Roger Straw, April 19, 2016, 10:20 pm

Benicia City Council approves Valero’s request to delay

Valero will seek a declaratory order from the federal Surface Transportation Board

After posing questions and hearing additional testimony from a Union Pacific railroad executive, Valero executives, and the City’s contract attorney, Bradley Hogin, Benicia’s City Council members offered their opinions and took a 3-2 vote to approve a “continuance” until September 21, to allow Valero to petition the Surface Transportation Board (STB) for a declaratory order in search of clarity on the federally pre-empted limits on a city when considering a land use permit for a refinery’s crude by rail proposal.

Valero surprised everyone when its attorney asked for the delay at the Council’s March 15 meeting.

Council members Alan Schwartzman, Mark Hughes and Christina Strawbridge voted in favor of delay, stating that they needed clarifying information from the STB in order to make an informed decision.  Council member Campbell and Mayor Patterson voted against delay, stating that Council already has sufficient information to make a decision now, and that nothing would be gained by an STB opinion that could still be challenged in court.

During the continuance, (if I understand correctly), public comment will remain closed.  Nevertheless, it is likely the City will receive additional written comments and add them to the official record, as it has done in the past.

After the STB acts to deny Valero’s petition, or should it accept the petition and issue an opinion, the Council will reconvene hearings and vote whether or not to certify the environmental report and whether to approve or deny the land use permit for the project.

Benzene emissions, Cancer, Crude By Rail, On-site impacts, Public Health, Reactive organic gases (ROG), Unloading rack operations, Valero Benicia Refinery, Valero Crude By Rail

Additional comments by environmental expert Dr. Phyllis Fox

By Roger Straw, April 19, 2016

Additional comments by environmental expert Dr. Phyllis Fox

The Benicia Independent is in receipt of an April 18, 2016 letter by Attorney Rachael Koss of Adams, Broadwell, Joseph and Cardozo, representing Safe Fuel and Energy Resources California (SAFER).

The letter introduces an additional 9-page analysis by environmental expert Dr. Phyllis Fox, “ROG and Benzene Emissions from Unloading Rack Operations.”  (ROG refers to Reactive Organic Gases.)

Dr. Fox’s new study includes sections on “Railcar Fugitive Emissions At Unloading Racks” and “Other Unloading Emissions” along with several tables.

This letter was submitted to the City of Benicia within the last hour, and had not yet been posted on the City’s website at the time of this posting.

Benicia City Council, Crude By Rail, Local Regulation, Valero Benicia Appeal, Valero Benicia Refinery, Valero Crude By Rail

Quick update on City Council meetings of April 18 and 19

By Roger Straw, April 19, 2016

Quick update on City Council meetings of Monday Apr 18 and Tuesday Apr 19

Council will meet tonightSeveral subscribers have asked what happened at last night’s City Council hearing on Valero Crude By Rail.

No vote was taken by Council. Members of the public were heard, followed by a 5-minute final comment by Valero attorney John Flynn and Valero Plant Manager Don Wilson.

Council followed this with questions for Valero and City staff. During this lengthy portion of the meeting, Council offered contract attorney Brad Hogin lengthy opportunities to defend against the recent letter of California Attorney General Kamala Harris, and to take issue with City staff’s recommendation to deny Valero’s request for a delay. (Seems when City staff agrees with Valero, Mr. Hogin does as well; but when City staff disagrees with Valero, Mr. Hogin will take up Valero’s cause.)

Council concluded the evening with questions for and answers by the traffic consultants, and their after-11pm powerpoint presentation.

Before it all started, Valero packed the hall with employees. There was a deliberate effort to position sign-bearing employees and their families in all the front and aisle seats. Valero supporters claim to have arrived at 4pm to crowd the door, and massed to deliberately keep STOP Crude By Rail people out.  Council chambers and overflow rooms were full of folks from both sides.

When Council opened to public comment, 28 (!) of the 30 who spoke were OPPOSED to the oil train proposal. Speaker after speaker came to the mike and offered knowledgeable and carefully reasoned analyses and passionate personal testimonies asking Council to deny Valero’s request for a delay and to uphold our Benicia Planning Commission’s unanimous denial of the EIR and the project.

UPDATE: The City HAS NOW POSTED video of all the speakers on April 18 at http://www.ci.benicia.ca.us/index.asp?SEC=0CB04C5F-05FE-4492-9173-DE064A31707D&Type=B_BASIC.

If I can find time, I will excerpt some of the comments by video and/or in writing.

Tonight, Tues. Apr 19, Council will continue deliberations, asking questions and possibly arriving at formal votes on Valero’s request for delay, whether to certify the environmental report, and whether to approve or deny issuance of a land use permit.

Your presence is important.  This is surely one of City Council’s most important decisions of our times.

Benicia City Council, Crude By Rail, Environmental review, Public Comment, Valero Benicia Refinery, Valero Crude By Rail

ANOTHER FLURRY OF LETTERS OPPOSING VALERO CBR

By Roger Straw, April 18, 2016

ANOTHER FLURRY OF LETTERS OPPOSING VALERO CBR

Today the City of Benicia released Public Comments received April 15-18, 2016.

The PDF document is 34 pages, 2.4 MB.  It includes

Download the complete document here.

For safe and healthy communities…