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BENICIA HERALD: Long-awaited reissue cites ‘significant’ environmental impacts; public given 45 days to comment

Repost from the Benicia Herald

Revised, expanded crude-by-rail report released

Long-awaited reissue cites ‘significant’ environmental impacts; public given 45 days to comment

By Nick Sestanovich, September 1, 2015

“Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.”  – The Recirculated Draft Environmental Impact Report on Valero’s Crude-by-Rail Project

The long-awaited revision of the draft Valero Crude-by-Rail Project Environmental Impact Report was released Monday, almost a full year after California’s attorney general and others publicly challenged the scope and accuracy of the document.

The new report cited additional negative environmental effects of the project pertaining to air quality, greenhouse gases, protected species and more, expanding its scope to cover impacts for more “uprail” communities — and finding “significant and unavoidable” effects that would result from approval of the project.

The “recirculated” report (RDEIR) is just the latest development in Valero’s three-year battle to bring crude oil deliveries to its Benicia refinery by train. The proposal for a use permit to extend Union Pacific Railroad lines into its property so crude oil could be delivered by rail car, initially submitted to Benicia Planning Commission in late 2012, triggered an uproar over environmental and safety concerns, which prompted the drafting of an Environmental Impact Report.

The document, released in 2014, was criticized by many, including Attorney General Kamala Harris and state Sen. Lois Wolk, D-Davis, who felt the report’s focus on the 69 miles of rail between Benicia and Roseville didn’t adequately convey the scope of the project’s potentially negative impacts.

The RDEIR addressed these concerns by expanding the range of its focus beyond Roseville to three new routes: the Oregon state line to Roseville; the Nevada state line to northern Roseville; and the Nevada state line to southern Roseville.

In the process, the report uncovered more significant environmental impacts.

The refinery has said it expected 50 to 100 additional rail cars to arrive up to twice a day, brought in at a time of day when there would be little impact on traffic. The trains would carry 70,000 barrels of North American crude each day, replacing shipped barrels from foreign sources, the refinery said in its use permit application.

The DEIR had initially noted that greenhouse gas emissions generated by the Crude-by-Rail Project would be “less than significant.” The RDEIR updated the risk level of direct and indirect greenhouse gas emissions to “significant and unavoidable,” specifically if trains used the line from Oregon to Roseville, which would travel a round-trip distance of 594 miles per day.

Additionally, the RDEIR found that the project would conflict with Executive Order S-3-05, signed by Gov. Arnold Schwarzenegger in 2005, which aims to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050.

The revised report also found that nitrogen-oxide levels would increase in the Yolo-Solano region, among other areas, and that nitrogen emissions in Placer County “would exceed the cumulative 10-pounds-per-day significance threshold.”

Biological resources are another area of concern. According to the report, crude-by-rail trains could have “potential impacts to biological resources along any southern route,” that “could include collision-related injury and mortality to protected wildlife and migratory bird species.”

Finally, the RDEIR said, other hazards exist: If a train were to crash and result in a small oil spill, there would be a 100-percent chance of 100 gallons or more being released. Similarly, should a train crash in a high fire danger area, the risks would be inevitable.

As the report notes, “Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.”

Conversely, other areas of concern such as noise pollution and earthquakes, were found to have little or no significant impact.

“Valero’s effort to rush through their dangerous project and their long record of constant violations and fines of Bay Area Air Quality Management District emissions rules give many of us pause to reflect on the many risks associated with this project,” said Andres Soto, a Benicia resident and member of Benicians for a Safe and Healthy Community, a group formed to opposed the Crude-by-Rail Project.

“It is only due to the volume and detail of scope of all of the public comments received on the original Draft Environmental Impact Report (DEIR) that Benicia chose to recirculate a seriously flawed DEIR. California Attorney General Kamala Harris and many uprail communities, as well as many Benicians, including BSHC, identified many critical shortcomings with the original DEIR.

“Valero has shown nothing but intransigence and misinformation in the face of this opposition to its flawed proposal, thus we do not expect much to have changed in the RDEIR from the DEIR that would convince us that Valero and Union Pacific Railroad can make this project safe enough for Benicia. The risk of catastrophic explosions along the rail line and in Benicia, and the plan to process dirtier extreme crude oils strip-mined from Canadian tar sands and fracked in the Bakken shale formation is just too dangerous for our safety and our environment.

“We hope that after thoroughly reviewing the RDEIR, our Planning Commission and City Council will have the wisdom to deny this project for the good of Benicia, our neighboring communities and the good of our planet.”

A Valero representative was asked to comment on the newly released report but did not respond by press time Monday.

Copies of the RDEIR are available at Benicia Public Library, 150 East L St.; at the Community Development Department at Benicia City Hall, 250 East L St.; and as a PDF download on the city’s website, www.ci.benicia.ca.us.

Public comments on the RDEIR will be accepted by the city until Oct. 15 at 5 p.m. Comments may be submitted in writing to Amy Million, principal planner of the Community Development Department, 250 East L St., Benicia, CA 94510; or they may be given at formal public hearings on the project by Benicia Planning Commission, the first of which will be at 6:30 p.m. Sept. 29 at City Hall.

Additional Planning Commission meetings to receive comments on the RDEIR are scheduled for Sept. 30, Oct. 1 and Oct. 8.

SACRAMENTO BEE – critical review of Benicia Valero RDEIR

Repost from the Sacramento Bee

Sacramento oil spills would be risky but rare, new report says

By Tony Bizjak, August 31, 2015

HIGHLIGHTS
• Valero Refining Co. wants to send two 50-car oil trains daily through central Sacramento
• A report says project presents risks to humans and the environment, but says spills are rare
• Sacramento and NorCal leaders have called for more safety steps to reduce the spill and fire risks

A train travels near the Feather River Canyon in the foothills into the Sacramento Valley.
A train travels near the Feather River Canyon in the foothills into the Sacramento Valley. Jake Miille Special to The Bee/Jake Miille

Benicia city officials have concluded a proposal to transport large amounts of crude oil daily on trains through Sacramento and Northern California would create a “potentially significant” hazard to the public, but say a spill is probably only a once every few decades occurrence.

In a revised environmental impact report issued Monday, officials in the Bay Area city contend spill risks are unavoidable and there is nothing that the city or the Valero Refining Co. can do to mitigate them, given that the federal government controls how rail shipments are handled. The report makes a point of saying that federal and state governments have taken recent steps to make crude oil rail transports safer.

Valero, which operates a major oil refinery in Benicia, is asking for city approval to ship two 50-car crude oil trains daily from north American fields through California to the Bay Area, replacing marine oil shipments.

Oil train shipments have come under the spotlight nationally after a handful of crashes that caused spectacular explosions and fires. One crash two years ago resulted in the deaths of 47 people in a Canadian town; others have forced evacuations and spilled oil into waterways.

Benicia officials conducted the latest analysis after critics, including Sacramento regional leaders, complained earlier risk assessments were inadequate. They have called on Benicia and Valero to take more safety steps.

Cities on the rail line include Roseville, Sacramento, West Sacramento, Davis, Dixon, Vacaville, Fairfield and Suisun City. The oil train route through rural Northern California remains uncertain. Trains could enter the state from Oregon and pass through the Dunsmuir area, or through the Feather River Canyon, or via Donner Summit.

Benicia’s initial environmental report, published last year, had said spill damage hazards are “less than significant.” The new report is based on a deeper analysis of an expanded geographic area.

The Benicia report cites federal data showing that less than 1 percent of train accidents cause releases of hazardous materials. But it also notes that trains to Benicia would have to travel through mountainous areas that have higher derailment rates. It projects that an oil spill of more than 100 gallons – described in the report as a small spill – might be expected to happen once every 20 to 27 years. A larger spill of 30,000 gallons is listed as a once-every-38-to-80-years event, but could cause injuries and deaths.

The release of the new report sets in place a 45-day public comment period. Benicia officials said they will respond to those comments, then set a Planning Commission review and vote on the project. The date for that hearing has not been set.

Valero officials, who have complained that Benicia’s vetting process has gone on too long, said in a brief email statement Monday that they are looking forward to participating in the Planning Commission discussion of their project. Officials with the Sacramento Area Council of Governments, the regional entity that has been monitoring the project, could not be reached for comment Monday.

A copy of the report can be found under “Revised Draft EIR” on the city of Benicia’s website.

Benicia: Not exactly a smart, green city

Repost from the Benicia Herald

Grant Cooke: Benicia: Not exactly a smart, green city

By Grant Cooke, August 28, 2015
P1010301
Grant Cooke is a long-time Benicia resident and owner of Sustainable Energy Associates. He is also co-author of “The Green Industrial Revolution: Energy, Engineering and Economics.” His new book, “Smart Green Cities” will be published in 2016.

THOMAS HOBBES, THE GREAT 16TH-CENTURY British political philosopher, wrote in “Leviathan” that humans living without legitimate government would eventually dissolve into a “state of nature.” This state of nature was brutish with violent chaos, evil discord and civil war. Legitimate government, Hobbes believed, had a “social contract” to wield power and authority.

Hobbes’ vision that governmental power be used for the moral good evolved into our current view that government, particularly on the local level, has a responsibility and obligation to protect and maintain the safety of its citizens. Which brings us to present-day Benicia and the return of the Valero Crude-by-Rail Project as we anticipate the Recirculated Draft Environmental Impact Report (RDEIR).

Under Hobbes’ social contract, it is the obligation of local government to maintain public safety. Anything that presents a known risk of explosion or other significant health risk is not something that city government should tolerate. To willingly allow a project that presents a public danger to move forward is ridiculous. And to argue that the Crude-by-Rail Project (CBR) is safe is equally ridiculous. A quick Internet search reveals numerous examples of trains carrying Bakken crude derailing or exploding.

The fossil fuel industry has a clear record of putting profits above safety. We have ample local examples, from the Chevron fire in Richmond to the San Bruno natural gas explosion. With tens of thousands of oil cars carrying volatile crude into the Bay Area, one or more explosions is all but guaranteed to occur. We all know it’s just a role of the dice whether the explosion happens in Benicia or another town along the line.

The conversation will probably build with the release Monday of the RDEIR. No doubt, the discussion will be as heated as ever. Regardless, let’s put some broad strokes on the situation, as there are several factors to consider:

  • Firstly, the CBR is an effort by Valero to increase its business and, therefore, its profits. Unfortunately, for that to happen the city must risk its residents’ health and well-being. This is not in your interest.
  • Valero, an oil company, benefits from the CBR; the city doesn’t. The idea that Valero, or any for-profit fossil fuel company, is a “Good Neighbor” to Benicia is silly and naïve.
  • Benicia’s future, and the city’s future tax base, can no longer be dependent on heavy-carbon industries. The current tax revenue from the refinery is not sustainable, or even desirable.
  • The decline in costs for renewable energy will create an energy price deflation that will make oil non-competitive. Ali Al-Naimi, Saudis Arabia’s oil minister, told a climate conference in Paris in June that the world’s largest crude exporter will eventually sell solar power instead of crude. He also renewed the kingdom’s commitment to current levels of production, putting more pressure on U.S. oil producers and refiners.
  • Besides the global switch to renewable energy, our local refineries will be under growing pressure from regional air quality regulators to clean up their emissions. And as the international effort to make large emitters pay for their carbon releases grows, carbon taxes or offsets will cut into refinery profits.
  • Within a decade or so, Valero and most Bay Area refineries will be shuttered. We need to begin discussions with Valero about what happens when they shut down. How will the refinery pay for the site cleanup and residual hazardous waste?
  • Even as the tax stream from Valero declines, Benicia, like most California cities, is also facing exponentially rising retiree benefit costs. The revenue decline cannot be made up with increased resident taxes (as the base gets older, it is harder to raise taxes) — so Benicia will be forced to cut services.
  • Also likely: Benicia’s municipal services and government will merge with Vallejo’s or go to a regional model. The era of small, local government is ending for numerous reasons. Small city governments can’t achieve the cost efficiencies or employee productivity needed to keep pace with rising costs and retiree benefit obligations. Large organizations can make better use of technology and smart systems to improve productivity and increase efficiency.
  • Small city governments don’t have the resources needed to deal with the future’s looming problems. Valero’s CBR clearly shows how ineffective small cities like Benicia are in dealing with problems that overlap. The same is true as small cities are forced to confront the future’s critical problems of mitigating climate change, wealth inequality (poverty, homelessness, gang violence and terrorism), and restraining agglomeration and urban sprawl. For example, Benicia city government’s ongoing struggles to convert to a new information technology package. Or the City Council’s inability to address even simple environmental issues like eliminating the use of plastic bags, promoting renewable energy or endorsing a pro-environmental or sustainability position. If a city government can’t agree that reducing the number of plastic bags clogging up our landfills is a good thing, how can it promote community respect for the environment — or more complicated values like decency, tolerance or a respect for others?

* * *

FOR MANY REASONS, BENICIA IS AT A CROSSROADS, and its future is worrisome. As a city, we need to come to grips with the reality that the fossil fuel/carbon era is ending, and we have to turn to a pro-environmental, knowledge-based and sustainable economy.

For the past several months, I’ve been researching the world’s smart and green cities. Despite the heroic efforts of Benicia’s Community Sustainability Commission, I’m sad to say that my lovely hometown is neither.

I was reminded of this the other evening at a friend’s house that overlooked our bay. The view was beautiful, with the silvery-gray straits glowing in the declining sunlight. But when I looked closer, I saw trash along the waterline, and the water showed traces of oil and pollution in the shallows.

It was so much different than Copenhagen’s harbor. Did you know that the citizens of Copenhagen had the wherewithal a few years ago to clean centuries of pollution and trash out of their harbor? And that every summer, four major swimming areas along that city’s waterfront attract thousands of Danes and other Europeans to bask in the northern sun and swim in the harbor’s clean waters?

Can you imagine going for a swim in Benicia’s harbor?

Copenhagen’s clean harbor points to the sharp contrast in attitudes about the environment held by Europeans and Americans. After decades of neglect, Europe has come around and now takes pride in cleaning up its environment. Most European nations, reflecting the will of their citizens, are mindful of waste and diligently work to reduce carbon emissions. Hamburg, for example, is deeply worried that global warming will raise sea levels and create havoc with their harbor and lowlands. The city has carved out several green zones, added trees to absorb carbon and reduced auto traffic. In Scotland, over 40 percent of the country’s domestic energy use is supplied by renewable energy. Germany is striving for 100-percent renewable energy by mid-century.

But Benicia — a city that sits on the water — doesn’t seem to give a flip about potential flooding from warming seas, or the steady degradation of its remarkably beautiful environment. The lack of concern underscores the general sense shared by far too many Americans — particularly those involved in the carbon industries — who view our environment and atmosphere as one large garbage can.

Grant Cooke is a long-time Benicia resident and owner of Sustainable Energy Associates. He is also co-author of “The Green Industrial Revolution: Energy, Engineering and Economics.” His new book, “Smart Green Cities” will be published in 2016.

Rail workers score big safety win in California

Repost from People’s World
[Editor:  See earlier coverage:  News Release from California Senator Lois Wolk.  – RS]

Rail workers score big safety win in California

By: Mark Gruenberg, August 26 2015
lacmegantic
Photo: Police helicopter view of Lac-Mégantic, the day of the derailment. Forty-two people were confirmed dead, with five more missing and presumed dead. Licensed under CC BY-SA 1.0 via Commons

SACRAMENTO, Calif. (PAI) – Rail workers scored a big safety win in California on August 21 as state lawmakers gave final approval to a bill mandating two-person crews on all freight trains.

The measure, pushed by the Teamsters and their California affiliates, the Rail Division of SMART – the former United Transportation Union – and the state labor federation, now goes to Gov. Jerry Brown, D-Calif., who is expected to sign it.

Rail unions nationwide have been pushing for the two-person crews while the rail carriers have been pushing for just one, an engineer. Several months ago, the head of one carrier, the Burlington Northern, advocated crewless freights.

The unionists told lawmakers presence of a second crew member would cut down on horrific crashes such as the one that obliterated downtown Lac-Megantic, Quebec, two years ago. Then, a runaway oil train crashed and exploded, killing 47 people. That train had only an engineer. There has been a string of similar U.S. accidents since, especially of oil-carrying trains. Recent oil train accidents were near Galena, Ill., Lynchburg, Va., and in West Virginia.

The proposed California statute requires trains and light engines carrying freight within the nation’s largest state – home to one of every eight Americans – to be operated with “an adequate crew size,” reported Railroad Workers United, a coalition of rank-and-file rail workers from SMART, the Teamsters and other unions.

The minimum adequate crew size, the bill says, is two. Railroads that break the law would face fines and other penalties from the state Public Utilities Commission. The commission supported the bill, SB730.

“Today’s freight trains carry extremely dangerous materials, including Bakken crude oil, ethanol, anhydrous ammonia, liquefied petroleum gas, and acids that may pose significant health and safety risks to communities and our environment in the case of an accident,” said sponsoring State Sen. Lois Wolk, D-Solano.

“With more than 5,000 miles of railroad track that crisscrosses the state through wilderness and urban areas, the potential for derailment or other accidents containing these materials is an ever present danger. I urge the governor to sign this bill into law, providing greater protection to communities located along rail lines in California, and to railroad workers.”

“California has nearly 7,000 miles of railroad track that winds through both wilderness and urban areas, making train safety a priority issue,” said California Labor Federation spokesman Steve Smith. “SB730 will help to protect railway workers, the public, and the environment from freight train derailments by ensuring trains operate with a two-person crew.

“The labor federation is proud to support this critical legislation and we’re urging the governor sign it into law.”

The rail workers union and Railroad Workers United have also pushed for two-person crews at the national level, but they’ve run into indifference, at best, in the Republican-run 114th Congress. Meanwhile, the carriers lobby federal regulators to let them have one-person crews.

Dennis Pierce, President of the Brotherhood of Locomotive Engineers and the Teamsters Rail Conference, told the U.S. House Transportation Committee in June that while another safety measure – positive train control (PTC) – would also help cut down the possibility of accidents, it’s no substitute for two-person crews.

“PTC can’t replace the second crewmember,” Pierce said then. “It doesn’t provide a second set of eyes and ears trained on the road ahead or monitor the ‘left’ side of the train for defects like hot wheels, stuck brakes or shifted lading, or observe the ‘left’ side of highway-rail grade crossings for drivers who fail to stop, or separate stopped trains that block crossings to allow first responders to cross the tracks.”

SMART, the Teamsters and other rail unions and workers are pushing the Safe Freight Act (HR1763), mandating the two-person crews, introduced by Rep. Don Young, R-Alaska, the senior Republican in the House.

SMART Transportation Division President John Previsich said, “The safest rail operation is a two-person crew operation. With several major train derailments having occurred in the last few months…our lawmakers and the general public must understand that multi-person crews are essential to ensuring the safest rail operations possible in their communities. No one would permit an airliner to fly with just one pilot, even though it can fly itself. Trains, which cannot operate themselves, should be no different.”