Tag Archives: California Environmental Quality Act (CEQA)

Benicia Independent, Crude By Rail, Derailment, Federal pre-emption, Public Comment, Public permitting, Revised Draft EIR (RDEIR), Valero Benicia Refinery, Valero Crude By Rail

Public speaks on Valero project

Repost from the Vallejo Times-Herald

Public comments on Valero Benicia Refinery’s proposed project

By Irma Widjojo, 09/30/15, 6:14 PM PDT
Andrés Soto, spokesperson for Benicians for a Safe and Healthy Community, wears his sentiments on his T-shirt, as he speaks in opposition to a proposed Valero Crude-by-Rail project at a public comment hearing on the project’s Revised Draft EIR at a special Benicia Planning Commission meeting at City Hall. MIKE JORY — TIMES-HERALD

Benicia >> In a special meeting that drew a large crowd Tuesday night, the Benicia Planning Commission received comments from concerned citizens on recently distributed documents on Valero’s proposed Crude-by-Rail project.

Many of those supporting the project wore a sticker on their clothing indicating their approval, while some of those opposing the project wore pins, brought signs and sported a sunflower — a symbol of environmentalism — at the Benicia City Council Chambers at City Hall.

The meeting, which began at 6:30 p.m. and lasted until about 10 p.m., was an opportunity for the public to submit verbal comments on the Revised Draft Environmental Impact Report, or RDEIR, of the project. Those who could not get a seat in the chambers, which has a 120-person capacity, were asked to wait for their turn to speak in an overflow room.

The RDEIR concluded that the project would cause “significant and unavoidable” impacts to air quality, greenhouse gas emissions, biological resources and hazards and hazardous materials. However, the report also adds “potential mitigation measures to reduce these new impacts would be preempted by federal law.”

A few speakers who were concerned with the project took issue with the federal preemption mentioned in the report. Federal preemption means federal laws displace state or other local laws.

“It has become a justification for the lack of mitigation,” Benicia resident Roger Straw said. Straw also is the editor of the online publication The Benicia Independent, which disseminates articles and information regarding crude-by-rail and Valero refinery.

Another Benician, Judith Sullivan, said “preemption makes it sound like we don’t have any choices.

“But grassroots efforts like this have been pushing the federal government to enact new environmental laws,” she said.

Representatives from Valero Benicia Refinery and Union Pacific, which would operate the railroad used for the trains hauling crude if the project is approved, also spoke during the meeting.

“This process has forged into a new territory and goes beyond what CEQA (California Environmental Quality Act) requires,” said Don Cuffel, Valero Benicia Refinery’s lead environmental engineer.

An attorney working with Valero on the application called the process “out of control.”

“We’ve lost sight of the city’s discretion,” said attorney John Flynn. The RDEIR, released Aug. 31, came after an outpouring of feedback from the public on the Draft Environmental Impact Report last year.

Valero Benicia Refinery applied for the permit for the project in early 2013.

If the project is approved, Valero will be allowed to transport crude oil through Benicia via two 50-tanker car trains, rather than shipping the crude oil by boat. It will not replace the crude that is transported by pipeline, officials said.

Concerns voiced on Tuesday about the RDEIR included conflicting information, conclusions based on assumptions and lack of details, among others.

Though the commission reminded the public that the comments should be limited to the redistributed report, instead of about the project in general, not everyone heeded the reminder.

“Valero is a powerful oil company that provides most revenue to this town,” a speaker said. “Are you going to let them get richer on the expense of the health and well being of the residents?”

Many supporting the project said Valero has “gone above and beyond” in the process to ensure the project’s safety, and called Valero a “good neighbor.”

However, that was not good enough of a reason for those in opposition.

“While Valero has been a good neighbor, we can’t be held hostage by what they have given generously to our city,” Anina Hutchinson said.

They also brought up issues about increased greenhouse gas emission, chance of derailment while carrying volatile crude and destruction of the environment in the area of the railroad.

Herbert Forthuber told the Times-Herald he supports the project because Valero is a major financial revenue for the city.

“I’ve seen in the past that when it’s not economically viable anymore for (a refinery) to be in a city, they close down,” Forthuber said, adding that it would be a blow for the local employees and other local businesses that depend on the refinery.

Forthuber is the vice president and general manager of a local business that repairs industrial machineries.

“The RDEIR really hasn’t changed my mind,” he said. “I’m more economically minded, and I care about the impact it would have for people who work for me.”

Valero officials have contended that the railroad addition would make the refinery more competitive by allowing it to process more discounted North American crude oil.

All of those who were present Tuesday were given an opportunity to speak, and the remaining three special meetings for this purpose have been cancelled.

Comments on the report may still be submitted in writing no later than 5 p.m. on Oct. 30.

Written comments should be submitted to amillion@ci.benicia.ca.us or Principal Planner Amy Million at the Community Development Department. For further information about the revised environmental report, contact Million at 707-746-4280.

The report can be reviewed at the Benicia Public Library, 150 E. L St.; the Community Development Department, 250 E. L St.; or online at bit.ly/1lBeeTt.

Following the end of the comment period, a final Environmental Impact Report will be released to the public.

During the meeting, Million said staff estimated Planning Commission hearings will be held in January for the commission to certify the report and whether to grant Valero the use permit for the project.

Air Quality, Benicia Climate Action Plan, California Environmental Quality Act (CEQA), Cap-and-trade, Crude By Rail, Derailment, Explosion, Greenhouse gas emissions, Oil spill, Rail accidents, Valero Benicia Refinery, Valero Crude By Rail, Valero Energy Corporation

VALLEJO TIMES-HERALD LETTER: Valero is NOT good neighbor!

Repost from the Vallejo Times-Herald

Valero is NOT a good neighbor!

By Rebekah Ramos, September 25, 2015

Valero’s self-proclaimed “Good Neighbor” status is laughable when you begin to peel back the onion and remove the layers of misinformation (or missing information) and reveal the same flavor of corporate propaganda and fearmongering that is used to hold small communities hostage.

There are hidden costs to having Valero as a neighbor that you may not be aware of.

Valero says the City of Benicia is losing more than $360K per year in revenue because of delays in approving their crude by rail project, which could get us 4 new police officers.

Valero DOESN’T say…

    • CEQA (California Environmental Quality Act) is a law that requires due diligence to properly evaluate environmental impacts and most importantly, inform the public of those impacts. City staff initially attempted to push this project through, under the radar, and without LITTLE public notification – skirting the law. Had it not been for a group of alert citizens bringing this to the public’s attention Valero would have gotten away with implementing a project that would have enormous ramifications to our health, safety, and economic viability, not only in our community, but every community along the rails.
    • Our personal safety is NOT at risk because we are short on police officers, it’s at risk because transporting highly volatile crude oil by rail is extremely risky business. More than 17 major oil train accidents have occurred in the last 24 months resulting in explosions, spills, and derailments.

Valero says they contribute 25% to Benicia’s general fund.

Valero DOESN’T say…

  • That number is actually 20% AND it doesn’t reflect the millions that Valero has taken away from the city’s coffers in recent years.
  • The City of Benicia was forced to pay Valero $2.3 million because Valero filed an appeal for a reduction in its property value from $1.02 billion to $230 million and $964 million to $100 million in 2012 and 2013 respectively despite climbing profits and gas prices since 2010. Benicia loses $2.3 million AND any on-going revenue generated from Valero’s property taxes. How many police officers do you think $2.3 million get us?

Valero says the crude by rail project will reduce air emissions and decrease greenhouse gases. In addition, they say they are entitled to $57million in emission reduction credits because of improvements made to the refinery.

Valero DOESN’T say…

  • The recirculated EIR for their crude by rail project specifically states that there will be significant increases in air emissions and greenhouse gases.
  • Valero has received dozens of notices of emissions violations nearly every single month of 2014 and 2015 including a violation for Benzene.
  • Valero has failed to install any publically accessible emissions monitoring equipment despite their pledge to do so since 2008.
  • Emission reduction credits would allow Valero to increase their emissions for new projects, sell or trade their credits to other polluters. Because of Cap and Trade legislation, big polluters in our own backyards get to pollute even more.
  • According to the EPA, Valero is the biggest polluter in Solano County, contributing 82% of all toxic releases in 2013. Data for 2014 and 15 is not available.

Valero is desperate to turn a profit and will use whatever means is necessary – squeeze money from the city coffers, pollute our environment, and put our lives at risk – to satisfy the short-term interests of their shareholders. They even threaten to lay people off or sell the refinery if the city doesn’t comply.

We can’t let one business keep our community in such an economically vulnerable situation. The City of Benicia has adopted a Climate Action Plan, but can’t seem to address THE REAL CLIMATE ELEPHANT IN THE ROOM, which is Valero. It’s time that serious action be taken to seek out and invite other, more sustainable industries to our city because Valero is NOT a Good Neighbor!

California Environmental Quality Act (CEQA), Clean-up costs, Crude By Rail, Derailment, Explosion, Property values, Valero Benicia Refinery, Valero Crude By Rail

BENICIA HERALD LETTER: The high-risk cost of crude by rail

Repost from the Benicia Herald
[Editor:  An excellent perspective on the economic risks that local communities take on when they permit crude by rail.  No link is provided for this letter because the Benicia Herald does not publish Letters in its online edition.  (Yes, I still remember how to type! ) – RS]

The high-risk cost of crude by rail

By Kat Black, August 26, 2015

For the past few years, I have been listening to the Valero Benicia Refinery representatives and supporters of the refinery’s proposed Crude-by-Rail Project make statements supporting the project because of the large tax revenue Valero provides for the city of Benicia.  But when did tax revenue override health and safety?  Valero’s most recent propaganda cites the loss of over $300,000 per year because of the delay in the project, and further cites that as loss of pay for police and paramedics.   Notwithstanding that that particular claim is completely unsubstantiated, the people and business owners of the city of Benicia are entitled to due process under the California Environmental Quality Act (CEQA), regardless of the time it takes.  This is the law.  To say Benicia is losing money because of CEQA is a simple propaganda ploy, an effort to make people believe they are less safe because the project has not yet been approved.  Why else would they quote police and paramedics?  Why didn’t they quote the library or other services?

There has been a lot of press on crude train derailments and explosions over the past few years.  We need to consider what the cost would be if this project is approved and a subsequent explosion were to happen, as has already happened in the U.S. and Canada.  If you are a property or a business owner, your property value would very likely decrease.  There is a local precedent for this: In August, 2012, there was a large explosion and fire at the Chevron refinery in Richmond.  In 2013, the County Assessor increased property values for all cities in Contra Costa County except Richmond, where property values were lowered.  The Assessor specifically cited the Chevron explosion as the precise reason for the devaluation.  The City of Richmond was subsequently hit with a $2.5 million deficit for the loss of property tax revenue.

Do you want to risk the devaluation of your property or the property tax revenue for the City?  The risks are just too high.  Stop Valero’s dangerous Crude-by-Rail Project!

Katherine Black
Benicia Resident

Oil spill, Pipeline infrastructure, Pipeline transport

Santa Barbara area spill reopens wounds from 1969

Repost from the San Francisco Chronicle

Santa Barbara area spill reopens wounds from 1969

By Peter Fimrite and Evan Sernoffsky, May 21, 2015 10:40pm
Clean up workers gather oil-contaminated sand bags at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the oil escaped from a broken pipeline, officials said. Photo: Jae C. Hong / Associated Press / AP
Clean up workers gather oil-contaminated sand bags at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the oil escaped from a broken pipeline, officials said. Photo: Jae C. Hong / Associated Press / AP

GOLETA, Santa Barbara County — The scene along the Santa Barbara County coast was horrific: An oil slick 6 inches deep blackened 800 square miles of seawater, 3,500 birds were dead, and 100 dead elephant seals and sea lions were found on a San Miguel Island beach.

It was 1969.

When oil spilled again this week, the outcome — and duration — was much different, largely because that man-made disaster 46 years ago changed everything, prompting the first Earth Day and giving rise to the U.S. Environmental Protection Agency, California Coastal Commission and the landmark California Environmental Quality Act.

Still, it reopened wounds left from that unprecedented disaster.

“I’ve just been thrust back almost 50 years,” said Robert Sollen, 93, a former award-winning reporter for the Santa Barbara News-Press, referring to his coverage of the 1969 Santa Barbara oil spill. The deep water blowout of a Union Oil rig had spilled an estimated 4.2 million gallons of oil into the ocean over 11 days, but the oil giant downplayed the incident.

Fred Hartley, the president of Union Oil, refused to call it a disaster because human lives were not lost. “I am amazed at the publicity for the loss of a few birds,” he said in 1969.

This week’s spill dumped as much as 105,000 gallons of crude oil over several hours out of an onshore pipe owned by Plains All-American Pipeline. The oil flowed into the water through a culvert, prompting an immediate and enormous unified response under the command of the U.S. Coast Guard, EPA and the Oiled Wildlife Care Network.

State of emergency

Gov. Jerry Brown declared a state of emergency in Santa Barbara County as nearly 300 state and federal emergency workers and scientists raked oil off Refugio State Beach and El Capitan State Beach. Five pelicans and a sea lion were rescued and were being treated.

“There will be serious repercussions and people demanding how this could happen,” Sollen said as a shiny opaque ring of oil collected on the beaches and along the surrounding cliffs at the high tide mark. “After 50 years, that’s as it should be.”

The situation is a reminder to Sollen and many other locals who witnessed the 1969 oil spill of how vulnerable Santa Barbara County is to disaster.

The Santa Barbara Channel sits on a thick block of sedimentary rock that holds down vast quantities of oil. There is so much oil, in fact, that it sometimes seeps naturally from the sea floor.

The area is consequently a highly valuable resource for the petroleum industry. In fact, the first offshore oil drilling in the world was built in 1896 off the southern coast of Santa Barbara County, just 6 miles from the site of the catastrophic spill 73 years later.

There was anger even then as ugly oil platforms and pollution began to spoil the dramatic natural scenery and unspoiled beaches. Vigilantes, led by a local newspaper publisher named Reginald Fernald, actually tore down an oil rig at Miramar Beach.

“The protests started in the late 1890s,” said Sollen, who wrote a book called “Ocean of Oil” about the oil boom in the area. “Of course they polluted like crazy, but there were no regulations in effect at that time.”

The horror to come

The oil boom continued despite public opposition and numerous small oil spills, including one in 1968 that dumped 2,000 gallons of crude oil off the coast, inflaming local opposition. Sollen said locals had long predicted and he had written about the potential for a large spill, but he was not prepared for the horror that he would soon witness.

At 10:45 a.m. on Jan. 28, 1969, pressurized natural gas and oil exploded out of a 3,500-foot-deep well as Union Oil attempted to extract a drilling pipe at a platform called Alpha.

‘It was in your face’

“It was the first of its kind on that scale, and it was in your face,” said Keith Clarke, a geography professor at UC Santa Barbara, who wrote a retrospective on the disaster in 2002 for a scientific convention. “There was no way to avoid it. It was right in front of a resort town.”

The dismissive statement from the Union Oil president and subsequent revelations that the oil company had gotten a waiver from the federal government allowing them not to use casing designed to prevent such a blowout prompted a national movement and inspired wholesale changes in policy and law.

“People stood there and cried,” said Bud Bottoms, an 87-year-old artist, activist and author who helped found a group called Get Oil Out, or GOO. “There was no sound. There were no waves. It was just flat with about 2 or 3 inches of oil coming to shore.”

Fired up the activists

GOO collected 100,000 signatures on a petition to ban offshore drilling and organized a campaign to send flasks of spilled oil to politicians. Local activists also formed a group called the Environmental Defense Center.

“People were so fueled up,” Bottoms said from his Santa Barbara living room. “We marched to the wharf that had been leased by the oil company and blocked the trucks from coming onto the dock. From there we started the publicity fight.”

A subsequent ballot initiative created the California Coastal Commission to regulate coastal areas. The California Environmental Quality Act soon followed, forcing developers and other land users to consider environmental impacts.

President Richard Nixon signed the National Environmental Policy Act in 1969, mandating scrutiny of all federal projects, including drilling platforms and offshore oil leases, for environmental impacts before approval. In 1970 the Environmental Protection Agency was formed.

First Earth Day

The Santa Barbara spill inspired then-Sen. Gaylord Nelson of Wisconsin to organize Earth Day, an annual celebration of the world ecosystem that continues to this day. The State Land Commission halted offshore drilling after the spill, but Ronald Reagan lifted the ban years later when he was president.

Despite all this, rows of drilling platforms can still be seen off Highway 101 between Ventura and Santa Barbara, features of the landscape that many locals still call “Reagan’s Christmas trees.”

The platforms, and the oil glut they represent, are a sign to many locals that oil drilling is not likely to cease anytime soon.

“The bottom line is that in spite of it all, we really only pay attention to this when there are large leaks and they occur in beautiful places,” Clarke said. “There is always a level of protection that we need that we don’t seem to be able to put in place. Meanwhile, oil and water still don’t mix.”

Peter Fimrite and Evan Sernoffsky are San Francisco Chronicle staff writers.