Tag Archives: California Office of Spill Prevention and Response

Benicia Valero Crude-by-Rail comment period closes with a landslide of criticism

By Roger Straw

The Benicia Independent makes it easier for you to read comments of INDIVIDUAL state and regional agencies and organizations. See our updated Project Review page (or just see below).

Something UNUSUAL happened in Benicia on September 15, the final day of the public comment period on the Draft EIR on Valero’s Crude By Rail proposal. I understand that opponents of a project will almost always wait until the last day to submit public comments. But not only did a remarkable NUMBER of critical comments arrive in the City of Benicia’s inbox on September 15 – there was a dramatic landslide of comments from significant governmental agencies and environmental organizations, including…

Also highly significant on September 15 were written comments from four of Benicia’s Planning Commissioners: Steve Young, George Oakes, Susan Cohen Grossman and Belinda Smith.

Prior to September 15, the City also received critical comments from the

These documents are also downloadable from Project Review.

Sacramento Bee: California state and regional agencies challenge Benicia crude oil train plan

Repost from The Sacramento Bee
[Editor: to read the State’s letter and others mentioned in this article, check out Project Review.  – RS]

California officials challenge Benicia crude oil train plan

By Tony Bizjak, September 24, 2014

Brown administration officials say Benicia has underestimated the risk posed by oil trains planned to run through Sacramento and other parts of Northern California to the city’s Valero refinery, and is calling on the city to redo its safety analysis before allowing oil shipments to increase.

A letter sent to the city last week by the state’s Office of Spill Prevention and Response and the California Public Utilities Commission expresses concerns similar to those detailed in recent letters to Benicia from the Sacramento Area Council of Governments and the cities of Sacramento and Davis.

Sacramento regional leaders have accused Benicia of not adequately exploring the explosion and fire risks of a Valero Refining Co. plan to run two 50-car trains daily through downtown Roseville, Sacramento, West Sacramento, Davis and other cities to the Benicia refinery.

Julie Yamamoto, chief of the state spill prevention agency’s scientific branch and a member of the governor’s rail safety team, said state officials felt compelled to push for Benicia to do deeper study prior to project approval.

“We felt the risk analysis was sufficiently flawed and underestimates the risks,” Yamamoto said.

In its draft environmental impact report, issued earlier this summer, Benicia only analyzed oil spill possibilities on the rail line between Roseville and Benicia, even though the trains will travel from other states or even Canada. “That is a pretty big shortfall in not considering the rest of the track to the California border, and even beyond that,” Yamamoto said. State officials also have questions about how Benicia came up with the assertion that a derailed train might spill oil only once every 111 years, and therefore the risk was insignificant.

“The derailment rate looks to us to be low compared to national data,” Yamamoto said.

Benicia city officials declined to respond this week to the concerns raised by the state and local governments, but previously indicated that they limited their spill analysis to the Roseville-Benicia track section because they do not know yet which rail lines the Union Pacific Railroad may use east or north of Roseville to bring the oil into California.

State officials countered that there are only a handful of rail lines that could be used to bring the oil into the state, and all should be included in Benicia’s project risk analysis. The state noted that those rail lines pass through “high-hazard areas” where derailments are more common. In Northern California, those hazard sections are at Dunsmuir, the Feather River Canyon and near Colfax.

By issuing its letter, the state secures legal standing to sue Benicia if that city approves the project without redoing its risk studies. State officials this week declined to address the question of whether they would consider a lawsuit.

The letter from the state is one of hundreds Benicia officials said they received in the past few months in response to their initial environmental study. Benicia interim Community Development Director Dan Marks said the city and its consultants would review the comments and prepare responses to all of them, then bring those responses to the city Planning Commission for discussion at an as-yet undetermined date.

Under the Valero proposal, trains would carry about 1.4 million gallons of crude oil daily to the Benicia refinery from U.S. and possibly Canadian oil fields, where it would be turned into gasoline and diesel fuel. Valero officials have said they hope to win approval from the city of Benicia to build a crude oil transfer station at the refinery by early next year, allowing them to replace more costly marine oil shipments with cheaper oil.

Crude oil rail shipments have come under national scrutiny in the last year. Several spectacular explosions of crude oil trains, including one that killed 47 residents of a Canadian town last year, have prompted a push by federal officials and cities along rail lines for safety improvements.

SACOG and the cities of Sacramento and Davis have called on Benicia to require UP to give advance notice to local emergency responders, and to prohibit the railroad company from parking or storing loaded oil tank trains in urban areas. Local officials want the railroad to use train cars with electronically controlled brakes and rollover protection. Sacramento also has asked Benicia to limit Valero to shipping oil that has been stripped of highly volatile elements, including natural gas liquid.

Others in the Sacramento region, however, point out that rail safety is a federal issue, not one that cannot legally be dictated locally. In a joint letter, Stanley Cleveland and James Gallagher of the Sutter County Board of Supervisors said SACOG is overreaching, and a better approach would be to work with federal railroad regulators, as well as with Valero and UP, on safety issues.

The Union Pacific Railroad also has challenged the SACOG and Sacramento city perspectives, arguing that federal law pre-empts states and cities from imposing requirements on the railroads. “A state-by-state, or town-by-town approach in which different rules apply to the beginning, middle and end of a single rail journey, would not be effective,” UP officials said in a letter this month to SACOG.

State Sen. Ted Gaines, who represents much of Placer County and other rail areas, said the Valero project has his “full support.” Benicia’s analysis, he wrote, “affirms that this project is beneficial environmentally and economically and can be done safety given the prevention, preparedness and response measures in place by both Valero and Union Pacific Railroad.”

Among other commenters:

•  350 Sacramento, a local climate change group, warned that oil trains would cause an increase in carbon emissions and slow efforts to convert to renewable energies.

•  The Capitol Corridor passenger train authority, which would share tracks with the oil trains, voiced concern about the safety of passengers, crews and communities, saying the Benicia analysis doesn’t look at the impact crude oil trains would have on Capitol Corridor or Amtrak passenger trains.

• The Sacramento Metropolitan Air Quality Management District said Benicia could ask Valero to fund local mitigation programs to reduce polluting impacts of trains in the region.

•  UC Davis noted that the rail line passes through campus near the Mondavi Center and the UC Davis Conference Center, and called for additional training and equipment for Davis to deal with the possibility of a derailment and fire.

Read more here: http://www.mercedsunstar.com/2014/09/24/3866089_california-officials-challenge.html?rh=1#storylink=cpy

 

California oil train bill heads to governor

Repost from The Sacramento Bee

Dickinson oil train bill heads to governor

By Tony Bizjak, Sep. 2, 2014
Special to The Bee by Jake Miill
A BNSF train carrying 98 tankers of crude oil passes through midtown Sacramento at 4 p.m. Monday en route from the North Dakota Bakken oil fields to a refinery in Richmond. | Jake Miille / Special to The Sacramento Bee

A bill by Sacramento Assemblyman Roger Dickinson requiring more disclosure about crude oil rail shipments has passed the Legislature and has been sent to the governor for his consideration. The bill is the last of several steps taken by the Legislature this summer to deal with safety concerns about the growing phenomena of 100-car oil trains rolling through Sacramento and other California cities on their way to coastal and Central Valley refineries.

The bill, AB 380, orders railroad companies to provide state and local emergency officials with information about oil and hazardous materials that may be shipped through their jurisdictions. It also also requires carriers, when shipping volatile Bakken crude oil, to provide the state with information about the volume of oil and timing of the shipment beforehand. The law also directs carriers to furnish the state with copies of the carrier’s hazardous material emergency response plan.

“The risk of catastrophic injury to life and property by rail accident has grown dramatically,” said Dickinson. “State and local emergency response agencies face new challenges when dealing with this amount of hyper-flammable or heavy crude oil. In order to prepare our emergency response agencies and protect our communities, it is essential that emergency response agencies have the information they need about the crude oil cargo in order to minimize any damage from an accident.”

A series of derailments and explosions has thrown a spotlight on the increasing numbers of crude oil train shipments in the United States. State energy officials say at this point only small amounts of California’s crude oil is arriving via trains from North Dakota and other areas of North America, but the amount is growing. Oil companies are building the capacity to accept as much as 23 percent of the state’s oil needs via train in 2016.

Reacting to statewide concerns, the Legislature and governor passed two budget bills in June to bolster state spill prevention and response efforts. One bill funded seven new rail and rail bridge inspectors for the state Public Utilities Commission. A second budget bill applied a fee to oil companies’ rail shipments to fund a state Office of Spill Prevention and Response program protecting inland waterways.

A last-minute bill, SB 1319, sought to impose a second fee on rail transports to support emergency hazardous materials response training. It died after oil industry officials complained the legislation duplicates other state and federal safety efforts, and that there was not adequate time to discuss and vet the bill.

Currently, only one rail company, BNSF, is transporting more than 1 million gallons of Bakken crude oil per train into California. According to reports the railroad is required to file with state emergency officials, a train carrying Bakken travels through Redding, Sacramento and Stockton on its way to a transfer station in the Bay Area several times a month, perhaps as often as weekly. The train uses the tracks that run through midtown Sacramento between 19th and 20th streets. BNSF has declined to offer more details about those shipments.

Benicia OKs Sacramento request for more time to review crude oil rail shipment plans

Repost from The Sacramento Bee

Benicia OKs Sacramento request for more time to review crude oil rail shipment plans

By Tony Bizjak, Saturday, Jul. 12, 2014
Lac-Megantic-One-Year-Later
Family and friends cross the railroad track along the crash site after a memorial service early Sunday, July 6, 2014 in Lac-Megantic, Quebec, for the 47 victims of last year’s devastating oil train derailment (AP Photo/The Canadian Press, /Paul Chiasson

Benicia has granted a request by Sacramento officials and others for extra time to review a plan by Valero Refining Co. to run two trains daily carrying crude oil through downtown Sacramento, Roseville, West Sacramento and Davis to its Bay Area refinery. The Sacramento Area Council of Governments, which represents local cities and counties, had requested extra time, saying they are concerned about the project’s safety risks. The new response deadline is Sept. 15, officials said.

Valero is asking the city of Benicia for an OK to begin receiving daily crude-by-rail shipments, including possibly the more volatile oil from the North Dakota Bakken fields. Federal officials issued a warning this year about that fuel after several train explosions, including one that killed 47 people in Canada.

The Valero plan, involving two 50-car trains a day through Sacramento, is among the first of what California officials say is an expected boom in crude-by-rail shipments through the state, prompted by the lower cost of North Dakota and Canadian crude.

The draft environmental report, issued last month by Benicia, included an analysis that says a derailment and spill might happen only once every 111 years. That analysis was authored by a University of Illinois professor, Christopher Barkan, who formerly worked for the American Association of Railroads and does research supported by the association. Barkan, an expert on hazardous rail transport, said in an email that his work for Benicia was not influenced by his association with the railroad association.

Local officials say they plan to issue written responses to that assessment this summer. City of Davis official Mike Webb has challenged the report risk assessment, saying, “It only needs to happen once to be a real problem.”

Also on Friday, a coalition of activists who oppose rail shipments of crude oil called on the state Legislature or the governor to ban or place a moratorium on construction of any more crude rail terminals similar to the one Valero is proposing.

The state Office of Spill Prevention and Response announced it will conduct a series of public workshops later this month soliciting opinions on how it should expand its work to inland areas, including along rail lines. The new state budget includes funding, from oil refinery fees, for the spill office to deal with the expected increase in crude oil shipments by rail. The agency will release information on its “legal and regulations” Web page on Friday.