The Benicia Independent is in receipt of a letter sent to the City of Benicia Planning Commission by the Natural Resources Defense Council (NRDC) detailing the failure of the EIR to “adequately analyze, disclose and mitigate the [Valero Crude by Rail] Project’s significant environmental impacts.”
The letter has not yet been posted to the City’s website as of this writing.
NRDC, joined by experts, attorneys and advocates representing 18 other Bay Area environmental groups (listed below), also responds to the City of Benicia staff report. The staff report recommended certification of the EIR and approval of the project.
The NRDC letter details at length the EIR’s various omissions and failures of law, logic and scientific method. Comments are organized into sections on Air Quality, Environmental Justice, Hazards, Water Quality, Biological Resources and “Additional Impacts Not Analyzed.”
The additional section on the Staff Report makes a lengthy and careful legal case against the City’s claim that federal law preempts Benicia from mitigating impacts or denying approval for the project.
In conclusion, the letter states, “Benicia Municipal Code 17.104.060, prohibits the City from approving a project that will be detrimental ‘to the public health, safety, or welfare of persons residing or working’ near the project, ‘to properties or improvements in the vicinity,’ or ‘to the general welfare of the city.’ For all the reasons stated above and in our prior comments, the Project will harm Benicians, other communities throughout the state, and our climate. The City should decline to certify the EIR and deny the permit for this Project.” [emphasis added]
This important and powerful letter has nineteen signatories:
• Natural Resources Defense Council
• Communities for a Better Environment
• San Francisco Baykeeper
• Center for Biological Diversity
• Sierra Club
• Richmond Progressive Alliance
• ForestEthics
• Sierra Club SF Bay Chapter
• Bay Localize
• Community Science Institute
• Benicians for a Safe and Healthy Community
• Crockett-Rodeo United to Defend the Environment
• Martinez Environmental Group
• Bay Area Refinery Corridor Coalition
• Sunflower Alliance
• Pittsburg Defense Council
• 350 Bay Area and 350 Marin
• Greenaction for Health and Environmental Justice
• Rodeo Citizens Association
• Asian Pacific Environmental Network
By Eddie Scher, ForestEthics, Wednesday Dec 9, 2015
[Pittsburg, CA] On November 16, WesPac Energy formally withdrew its proposed 242,000 barrel-per-day oil storage and transfer facility in Pittsburg, California. The crude oil facility would have included a marine port for oil tankers, more than a dozen oil storage tanks, an oil train offloading terminal, and multiple pipelines to local refineries.
In 2014 WesPac agreed to remove the oil train component to the project due to mounting community pressure and a scathing letter from California Attorney General Kamala Harris, but still planned to move ahead with the tank farm, marine berth, and pipeline extensions.
To celebrate the victory local activists will attend the upcoming city council meeting at Pittsburg City Hall on Monday, December 14 at 7:00pm.
Members of the coalition of citizen organizations working to protect the people and environment of Pittsburg released the following statements:
“We knew that WesPac was not good for our community and having them as our neighbor would do nothing to make Pittsburg a better place to live” saysKalli Graham, co-founder of the Pittsburg Defense Council. It was time for us to roll up our sleeves and take action. We had homes to protect and families to keep safe. We did everything we could to tell everyone who would listen that this project was wrong. We canvassed our neighborhoods, lobbied our city and county officials and educated our community on the dangers this project would have on our town. We organized a grassroots movement, created a non-profit organization and rallied our community into action. We stood together as neighbors to fight this project until we’d stalled it for so long that it was no longer viable. We took a stand against the biggest, dirty industry this planet has known so far and we WON!”
“The citizens of Pittsburg stood toe to toe with the oil industry, they did not blink, they did not flinch, and today they have won,” says Ethan Buckner, ForestEthics extreme oil campaigner. “Thanks to the leadership of Kalli Graham and the Pittsburg Defense Council, and thousands of Pittsburg residents, it is clear that oil trains, tankers, tank farms, and pipelines are not welcome here. Here’s a message to Phillips 66, Valero, and other oil companies with dangerous oil trains projects in the works: The people of California and across North America don’t want your extreme oil, we want clean energy and climate solutions.”
“The WesPac crude by rail project was clearly designed to import dirty Canadian tar sands to Bay Area refineries,” says Andrés Soto, Richmond organizer with Communities for a Better Environment. “This victory is not enough. To protect us from future dirty oil projects, the Bay Area Air Quality Management District must adopt strict limitations on refinery emissions now.
“Thanks to the people of Pittsburg for sending this clear signal to the City of Benicia and Valero that Valero’s dangerous crude by rail project is not only a bad idea, it is no longer economically viable,” says Katherine Black, organizer with Benicians for a Safe and Healthy Community.
“WesPac’s own environmental review documents, inadequate as they were, showed that the project would harm this community and the environment by polluting the land, air, and water” says Jackie Prange, Staff Attorney at Natural Resources Defense Council. WesPac made the right choice to give up now rather than face defeat in court.”
“I’ve often considered the WesPac project to be the Bay Area’s Keystone XL – a perfect example of new fossil fuel infrastructure that would enable the oil industry to grow,” says community organizer Martin Mackerel. I couldn’t be happier that we stopped this project from being built. I hope our victory inspires others to block all new fossil fuel infrastructure in their backyards. Together we can stop this industry from murdering humanity’s future.”
“WesPac’s dangerous and grandiose plans for a mega-oil terminal in Pittsburg have been thwarted not only by market forces—OPEC and faltering oil barrel prices—but by a force of nature commonly known as People Power, the combined efforts of nameless individuals driven not by profit motives but by fierce love of community and desire for ecological sanity,” says Shoshana Wechsler of the SunFlower Alliance.
“The WesPac oil storage facility would have posed significant pollution threats to San Francisco Bay. San Francisco Baykeeper is proud to have been part of the team that stopped WesPac, and we’ll continue our work to protect the Bay from the expansion of oil refining and oil transport in the Bay Area,” says Sejal Choksi, San Francisco Baykeeper.
“Pittsburg is a strong community, and one that determined that we were not going to allow the hazardous WesPac project to be placed in our backyard,” says Gregory Osorio of the Pittsburg Ethics Council. “Many people worked countless hours – first Lyana Monterrey who started the organizing in Pittsburg before the WesPac project was on ANYONE’s radar. To George Monterrey for his ‘fire’, and Danny Lopez, the graphics artist for the movement. The credit for this victory belongs to the nonprofit environmental groups such as Forest Ethics, NRDC, Sierra Club, and Sunflower Alliance, who all made enormous contributions. We wish to thank everyone who labored tirelessly to keep this potentially catastrophic project from being dumped in our backyard.”
The following hugely significantletters were sent to the City of Benicia today, just ahead of its 5pm deadline for public comments on Valero’s Revised Draft EIR.
Expert attorneysrepresenting
– Natural Resources Defense Council
– Communities for a Better Environment
– San Francisco Baykeeper
– Center for Biological Diversity
– Sierra Club
… and others [28 pages, 140KB]
Half a Million California Students Attend School In Oil Train Blast Evacuation Zones
By Justin Mikulka, September 7, 2015 – 04:58
A new analysis by the Center for Biological Diversity finds that 500,000 students in California attend schools within a half-mile of rail tracks used by oil trains, and more than another 500,000 are within a mile of the tracks.
“Railroad disasters shouldn’t be one of the ‘three Rs’ on the minds of California school kids and their parents,” said Valerie Love with the Center. “Oil trains have jumped the tracks and exploded in communities across the country. These dangerous bomb trains don’t belong anywhere near California’s schools or our children.”
Current safety regulations for first responders dealing with oil trains recommend evacuating everyone within a half-mile of any incident with an oil train. This wasn’t much of a problem for the most recent oil train accident in July in Culbertson, Montana because there were only 30 people within the half-mile radius area. However, in populated areas like California, potential scenarios could involve large-scale evacuations and casualties.
In addition to the threat posed to California’s students, the report Crude Injustice on the Rails released earlier this year by ForestEthics and Communities for a Better Environment, pointed out that in California the communities within the half-mile blast zones were also more likely to be low-income minority neighborhoods.
As more communities across the country become aware of the very real risks these oil trains pose, opposition is mounting to new oil-by-rail projects as well as challenges to existing facilities.
This past week in California, the Santa Clara County board of supervisors voted to keep oil trains out, citing an “unacceptable risk to our community.”
In Minnesota, Sen. Al Franken (D-MN) held a hearing on the subject and heard from concerned residents like Catherine Dorr, as reported by the local CBS station.
“We’re in the 100 foot blast zone,” Dorr said. “My house and 60 townhouse residents are going to be toast if there’s an explosion.”
In Albany, New York which is the largest oil-by-rail hub on the East coast, this week a coalition of groups announced their intentions to sue the oil company transporting Bakken crude through Albany and challenge the validity of the air quality permit the company received in 2012.
And even in remote places like North Dakota, where much of the oil originates, the U.S. military is concerned about the proximity of the oil train tracks to nuclear missile facilities.
With all of this concern about the dangers of oil trains, a new report by the Associated Press (AP) paints a troubling picture about the preparedness of populated areas to respond to an oil-by-rail incident. The report was based on interviews with emergency management professionals in 12 large cities across the U.S.
It concludes, “The responses show emergency planning remains a work in progress even as crude has become one of the nation’s most common hazardous materials transported by rail.”
As noted on DeSmog, one of the reasons that the oil trains pose such a high risk is that the oil industry refuses to stabilize the oil to make it safe to transport. And the new regulations for oil-by-rail transport released this year allow for older unsafe tank cars to be used for another 8-10 years.
While the regulations require modernized braking systems on oil trains in future years, the rail industry is fighting this and a Senate committee recently voted to remove this from the regulations.
The reality is that unless there are drastic changes made, anyone living within a half mile of these tracks will be at risk for years to come.
And while oil production isn’t increasing in the U.S. right now due to the low price of oil, industry efforts to lift the current ban on exporting crude oil could result in a huge increase in fracked oil production. In turn, that oil will be put on trains that will head to coastal facilities and be loaded on tankers and sent to Asia.
Despite all of the opposition and the years-long process to complete new regulations, as the Associated Press notes, it isn’t like the emergency first responders are comfortable with the current situation.
“There could be a huge loss of life if we have a derailment, spill and fire next to a heavily populated area or event,” said Wayne Senter, executive director of the Washington state association of fire chiefs. “That’s what keeps us up at night.”
And even the federal regulators expect there are going to be catastrophic accidents. As reported by the AP earlier this year, the Department of Transportation expects oil and ethanol trains “will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.”
With the known risks and the number of accidents, so far communities in the U.S have avoided disaster. But as Senator Franken pointed out, that has just been a matter of luck.
“We’ve been lucky here in Minnesota and North Dakota and Wisconsin that we’ve not seen that kind of fatalities, but we don’t want this to be all about luck,” Sen. Franken said.
As over 1,000,000 students in California start a new school year in schools where they can easily hear the train whistles from the oil trains passing through their communities, let’s all hope we keep this lucky streak going.