Latest Benicia DEIR comments: Center For Biological Diversity, Communities for a Better Environment, Natural Resources Defense Council

On December 16, the City of Benicia released yet another document highly critical of the Valero Crude-by-Rail Draft EIR.  The massive report was submitted for the record on December 5 by the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council.  The document focuses on biological resources and climate change.  Many thanks to our friends in these excellent organizations!

The summary page follows:

CBD-CBE-NRDC_lttrhdDecember 5, 2014

Amy Million, Principal Planner
Community Development Department
250 East L Street
Benicia, CA 94510
amillion@ci.benicia.ca.us

Re: The City of Benicia’s Draft Environmental Impact Report for the Valero Benicia Crude by Rail Project

Dear Ms. Million,

On behalf of the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council, we submit the following comments on the City of Benicia’s Draft Environmental Impact Report (DEIR) for the Valero Benicia Crude by Rail Project (Project). The Project, if approved, would allow the Valero refinery to receive up to 70,000 barrels per day of crude oil by train, which equates to a potential for 1.07 billion gallons of crude oil imported by train each year.

These comments supplement prior comment letters by detailing the significant deficiencies in the DEIR’s assessment of impacts to Biological Resources in Section 4.2. Specifically the DEIR (1) fails to adequately analyze and mitigate impacts to biological resources at the Project area; (2) fails to adequately analyze and mitigate impacts along the rail lines serving the Project; (3) fails to properly analyze the cumulative impacts of increased crude oil shipments on biological resources; and (4) fails to adequately evaluate impacts related to climate change.

Because this Project would result in significant impacts to biological resources, the City cannot certify the DEIR before adopting all feasible mitigation measures. At present, the DEIR fails to identify and analyze mitigation measures that would reduce the Project’s impacts.

However, there are numerous mitigation measures and alternatives that would reduce the impacts of the Project. These measures must be analyzed in the DEIR, so that the full range of options are publicly disclosed and considered by decision‐makers.

[Editor: The document continues … Note that the “Public Comment” link below goes to a huge 584-page document on the City’s website, a 24mb download.  WordPress will not allow an upload of this magnitude here on The Benicia Independent.  The bulk of the document (570 pages) is supplemental studies, all important, but for the heart of the document, see the 14-page Comment Letter minus the supplements.  – RS)

Public Comments October 17-December 15, 2014  (A single comment letter, from the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council.)

Canada Lac-Megantic Rail Disaster: Musi-Café Reopens

Repost from International Business Times
[Editor: More on this story at The Globe and Mail, and CBC News.  – RS]

Canada Lac-Megantic Rail Disaster: Musi-Café Reopens

By Esther Tanquintic-Misa | December 16, 2014

Musi-Café, the business establishment that figured directly in the July 2013 Lac-Megantic rail disaster in Canada, has finally reopened. The restaurant-bar quietly opened its doors to the public on Monday 400 metres away from ground zero.

Firefighters look at a train wagon on fire at Lac Megantic, Quebec, July 6, 2013. Canadian police expect the death toll from a fatal fuel train blast in a small Quebec town to be more than the one person confirmed dead so far, a spokesman said on Saturday. The driverless train and 72 tankers of crude oil jumped the tracks in the small town of Lac-Megantic early in the morning and exploded in a massive fireball. REUTERS/Mathieu Belanger

Yannick Gagne, Musi-Café owner, still vividly remembers how it all happened a year ago. “The sky, everything inside, outside became orange,” CBC News quoted Gagne, who shared the memory as if it only happened yesterday. “I felt the heat coming to the window, blowing heat. I saw a wall, a big wall of fire 300, 400 feet high.”

To say that the bar’s reopening is a testament of hope would be an understatement. The train derailment and explosion killed 47 people in Quebec. It took for months, the area endured painful and difficult memories.

Gagne was lucky to have left the bar 40 minutes before tragedy hit. It wasn’t the same for two of his employees as well as to some 28 others who were there at the time. He said until now, he still has nightmares of being trapped inside with them. In those, he saw how the people tried hard to escape.

On Monday’s reopening, only three of the original employees came back to work with him. One of those was the chef, a girl who had worked for him for three or four years and another good friend. The latter, identified as Karine Blanchette, will handle all the artists who will come to the resto-bar.

Forty-seven people were killed in Lac-Megantic when a train of Montreal, Maine & Atlantic Canada, carrying 72 tankers full of crude oil, derailed and exploded in the town. It had been earlier parked uphill from Lac-Megantic, unattended, when it started its descent into the town. A gigantic explosion ensued, destroying 40 buildings and ripping a large area of Lac-Megantic. About 2,000 residents were forced to flee their homes.

Gagne almost left town because he felt people blamed him for the death of the 47. He said there were some who will look away when they see him coming nearby. “I know it’s normal, but it puts a lot of pressure … I’m not the devil, I didn’t put the train inside the Musi-Café.”

Yet there were also other people who pushed and motivated him to rebuild the café as a sign of healing and closure as well. Christian Lafontaine, a survivor, was one of them. He told him they needed the café to heal, and to move on. “All the people of Mégantic … they haven’t healed yet. They suffer still,” Lafontaine said.

Gagne said the new restaurant-bar will cost $1.5 million. He said the provincial government has provided a loan, “a financial bridge.” The federal government had likewise extended help. Musi-Café will have an official “red carpet and champagne” opening in February.

Berkeley Rent Board opposes crude oil transports by rail through city

Repost from The Contra Costa Times

Berkeley Rent Board opposes crude oil transports by rail through city

By Tom Lochner, 12/16/2014

BERKELEY — The city’s Rent Stabilization Board added its voice to a growing body of opposition to crude oil trains rolling through the East Bay this week, warning that derailments could trigger explosions that could damage affordable rental housing stock as well as schools, health care agencies and businesses.

“An accident is not a question of if, but when and where,” board member John Selawsky said before voting to support a resolution co-sponsored by Alejandro Soto-Vigil, James Chang, Paola Laverde-Levine and vice Chairwoman Katherine Harr opposing a plan by Phillips 66 to ship crude oil by rail from outside the state to its Santa Maria refinery in San Luis Obispo County.

Phillips 66 has said it is confident that environmental and public safety issues raised by the project will be addressed in accordance with the California Environmental Quality Act. The company also noted that railroads are federally regulated.

The trains, some 250 a year, each with 80 tank cars, would take several possible routes to Santa Maria, from the south through the Los Angeles basin or from the north via Sacramento, Martinez and along the shore of San Pablo and San Francisco bays through San Jose to the Central Coast, according to a revised draft environmental impact report under review by San Luis Obispo County. An alternate route could go through Stockton and Martinez and down the East Bay shore; yet another, through Stockton and San Jose via the Altamont Pass.

Tuesday’s vote was 8-0 with one abstention, by Judy Shelton, who said she firmly opposes transporting crude oil by rail through Berkeley, but questioned whether the rent board is the proper vehicle for that opposition.

Soto-Vigil noted that the rent board is a body separate from the City Council, and its own legal entity.

“Our mission is to preserve our rental housing stock,” he said.

Chang noted that the council already is on record opposing the project. In March, the council unanimously declared opposition to the transport of crude oil by rail through East Bay cities. And in November, the council signed on to comments to the DEIR by a group of environmental organizations opposing the Phillips 66 project.

First person account: New Bakken volatility standards are pointless

Repost from The Star Tribune, Minneapolis/St. Paul MN
[Editor: Author Lisa Westberg Peters writes with a personal style that is engaging and informative: “I’ve seen Bakken crude oil as it comes out of the ground. It was surprising in several ways: It was almost green, quite fluid and downright fizzy with natural gases. It’s the high gas content that makes Bakken shale oil so explosive.”  – RS]

New Bakken volatility standards are pointless

Lisa Westberg Peters, December 15, 2014
The explosion risk still exists, which emboldens pipeline supporters — but why must our choices be so dismal?
A large swath of Lac-Mégantic, Quebec, was destroyed and 47 people were killed in July 2013 when a train carrying Bakken crude oil derailed, sparking several explosions and forcing the evacuation of up to 1,000 people. Photo: Paul Chiasson • The Canadian Press/AP

I’ve seen Bakken crude oil as it comes out of the ground. It was surprising in several ways: It was almost green, quite fluid and downright fizzy with natural gases. It’s the high gas content that makes Bakken shale oil so explosive.

When the state of North Dakota established new limits on vapor pressure last week for the oil shipped out of the state, my first reaction was relief. Flammable liquids with lower vapor pressures are less volatile. We’ve seen several explosive rail accidents in recent years involving Bakken oil; an oil train derailment last year in the small Quebec town of Lac-Mégantic killed 47 people and flattened its downtown. I was pleased that regulators were addressing this problem.

But when I took a closer look at the numbers, I felt more dismay than relief. Even if oil producers exceed the regulators’ demands — and regulators say they often do — Bakken crude will still be explosive.

The appropriate comparison seems to be gasoline.

Lynn Helms, head of the North Dakota Department of Mineral Resources, said the new vapor pressure standard of 13.7 pounds per square inch (psi) would make Bakken crude no more volatile than the gasoline we put in our cars every day.

In March, an investigation by the Transportation Safety Board of Canada concluded that the Bakken oil in rail cars at Lac-Mégantic was “as volatile as gasoline,” but the vapor pressure was measured at 9 to around 9.5 psi. In other words, the Bakken crude that exploded in Lac-Mégantic was less volatile than what North Dakota regulators are demanding now, and it still exploded.

In a New York Times article last week [North Dakota Regulators Tell Producers to Filter Crude Oil of Flammable Liquids], Clifford Krauss reported: “Once the rules are in force early next year, transported North Dakota crude oil will have a similar volatility to that of automobile gasoline, which should decrease the risk and size of any fire that might occur once a rail car is punctured in an accident, according to state regulators.” His story never mentioned the findings of the Canadian government.

Why wasn’t this New York Times reporter more skeptical of the assurances of North Dakota oil regulators, especially after the recent New York Times revelations about the leniency of regulators toward the oil industry?

The new vapor pressure standard announced last week is pointless. We will still face danger from exploding oil trains.

This disturbing fact tends to encourage pipeline supporters. Pipelines are safer, they say. In the past, oil transported by pipelines has tended not to explode and kill people; instead it spills and contaminates streams, lakes and aquifers. If you value people’s lives over clean water supply, in the short term, pipelines seem better.

But why do we have to make such lousy choices to keep our domestic energy boom rolling — to keep workers working and our dream of energy independence alive? Let’s do everything we can to encourage the other domestic energy boom, the wind and solar boom, that has already begun and that survives today despite many obstacles, including national policies that still encourage fossil fuel, yesterday’s energy source. If we were to place a price on carbon tomorrow, we would not need as many pipelines and we would be able to reduce the number of oil trains passing through our neighborhoods.

Climate experts urge us to leave much of the world’s remaining fossil fuel, including Bakken crude, in the ground. If we do as they advise, we will disrupt job markets and be forced to rethink the way we do almost everything. Why should we voluntarily face such disruption? One very good reason: We already face the prospect of pervasive disruption posed by a changing climate. It’s far preferable to take well-designed and systematic measures to control disruption than let disruption control us.

Lisa Westberg Peters is the author of “Fractured Land: The Price of Inheriting Oil” (Minnesota Historical Society Press, 2014). She lives in Minneapolis with her family.

For safe and healthy communities…