Tag Archives: Local Regulation

Benicia Planning Commission – no more hearings for now

Repost from NBC Bay Area
[Editor:  IMPORTANT NOTICE: All speakers present were heard at the Tuesday, September 29 Planning Commission hearing, so previously scheduled additional hearings are now cancelled.  There will be no Planning Commission hearings on Sept. 30, Oct. 1 and Oct. 8.  Your comments on Valero’s Revised DEIR can be submitted in writing until October 30, 2015 – more info on sending written comments here.]

Residents Raise Concerns Over Valero’s Proposed Crude Oil By Rail Through Benicia

By Pete Suratos, September 29, 2015


A proposal to transport crude oil by rail through Benicia is not sitting well with residents, who came out in full force to a Tuesday night city planning commission meeting to discuss it.

The chances of the trains being derailed and something disastrous occurring is why residents are concerned with the proposal. Those who oppose the plan have until the end of October to let the city and Valero know their concerns.

During a special session at city hall late Tuesday, Valero pitched its crude-by-rail project to a packed house.

If approved, the refinery can receive up to 70,000 barrels of crude oil per day by rail, instead of by ship. The route would begin in Roseville and end at the refinery. In addition, the route will not replace the crude currently received through pipeline.

Valero said the use of rail is the only way to get the oil.

“The crude that we bring in by rail would offset the crude we bring from foreign sources that we bring by ship,” said Chris Howe of Valero.

The proposal, for resident Christine Caulder, is a risky proposition. Caulder attended Tuesday’s meeting and spoke as a concerned parent.

“When the air is so toxic you can’t go outside, I really can’t go to their school or I’m worried who’s sick or who’s not,” she said.

No actions on the project were taken by city leaders on Tuesday. Three more public hearings are scheduled — one on Wednesday and two more in October.  [CORRECTION: All speakers present were heard at this hearing, so previously scheduled additional hearings are now cancelled.  – RS]

Letter to the Bay Area Air District: require strict emissions caps on refineries

Posted with permission

Benicia Resident Marilyn Bardet’s letter to the Chair of the Board, Bay Area Air Quality Management District (BAAQMD)

Direct staff to require numerical emissions caps on all refinery emissons
By Marilyn Bardet, Sept 16, 2015

Dear Chair Groom,

Marilyn Bardet
Marilyn Bardet, Benicia CA

In response to the overwhelming testimony the District has received from all corners of the Bay Area, as chair of the BAAQMD board of directors, you, with your board, have the authority to direct District staff to revise DRAFT Rules 12-15 and 12-16 as currently released, to require strict numerical emissions caps on all refinery emissions, including GHG.

By all means of public testimony over a two-year period, you have heard from concerned and affected members of the public, respected regional and national organizations (including Sierra Club, NRDC, CBE, 350 Bay Area, APEN, Sunflower Alliance) and other experts in the field who have recommended and put forward well-defined revisions that would impose strict numerical emissions caps on refinery emissions tied to current emissions baselines for TAC, VOCs, heavy metals and PM2.5, including GHG.

You know that oil companies in the region aim to acquire and process the most dangerously polluting crude in the world — tar sands. Refineries processing changed crude slates whose blends have increasing amounts of heavy crude, unconventional crudes such as Bakken oil, and/or tar sands will adversely impact regional and local air quality, especially affecting front-line communities and those “downwind communities.” Allowing emissions to “go up to” long ago established permitting levels (Valero Benicia’s permit was established in 2003) is tantamount to the District “giving in” to benefit the oil industries’ profit, not public health.

The District’s mandate is to clean up the air for the benefit of public health, and, in accordance with state mandates, to protect the climate by drastically reducing GHG. Oil refining is the biggest industrial source of GHG. Carbon trading by refineries will simply send “pollution credits” elsewhere and keep toxic emissions “at home” that kill thousands of people in the Bay Area each year. GHG emissions from fossil fuel combustion threaten to destroy our global climate and way of life.

Strong refinery rules that set numerical limits on toxic emissions tied to current baselines and limit GHGs are our best chance to protect public health and protect the climate.

We need your leadership more than ever now! I am writing to ask that you make it clear to your directors that the “highest good” must be done by BAAQMD in the name of public health and climate protection, such that, until revisions to Rules 12-15 and 12-16 are adopted that set refinery emission caps at today’s levels, including for GHG, the agency will suspend permitting for refinery projects.

This is a bold request, but these are very uncertain times that require every precaution and concerted action by leadership to create policies that protect people and the planet.

Thank you for your public service, and for you attention to my comments.

Respectfully,

Marilyn Bardet
Benicia

Asked for info on bridge conditions, railroad carrying Bakken crude tells cities no

Repost from the Milwaukee Journal Sentinel

Asked for info on bridge conditions, railroad carrying Bakken crude tells cities no

By Lee Bergquist, Sept. 13, 2015
A flotilla of kayaks and boats and a small crowd onshore hold banners and beat drums Sunday to raise concerns about the transport by rail of oil through Milwaukee and across an aging railroad bridge at the confluence of the Menomonee and Milwaukee rivers near S. 1st Place.
A flotilla of kayaks and boats and a small crowd onshore hold banners and beat drums Sunday to raise concerns about the transport by rail of oil through Milwaukee and across an aging railroad bridge at the confluence of the Menomonee and Milwaukee rivers near S. 1st Place. | Michael Sears

Despite urging from a federal agency that railroads hand over more information on safety conditions of bridges, a carrier moving Bakken crude oil through Milwaukee says it doesn’t plan to provide such details.

Trains carrying Bakken crude go through downtown Milwaukee, leaving some residents afraid of what will happen if there is a spill. This train passes by the apartment of Brian Chiu on W. Oregon St. | Brian Chiu

Sen. Tammy Baldwin (D-Wis.) distributed a letter from Sarah Feinberg, acting administrator of the Federal Railroad Administration, in which the regulator urged railroad carriers to provide more information to municipalities on the safety status of bridges. Milwaukee officials have complained about the lack of information on the structural integrity of railroad bridges used by Canadian Pacific in the city.

“When a local leader or elected official asks a railroad about the safety status of a railroad bridge, they deserve a timely and transparent response,” Feinberg wrote.

“I urge you to engage more directly with local leaders and provide more timely information to assure the community that the bridges in their communities are safe and structurally sound.”

“CP’s position has not changed,” said Andy Cummings, a manager of media relations for the company.

“It is our policy to work directly with the Federal Railroad Administration, which is our regulator, on any concerns they have with our infrastructure.”

The exchange comes in the wake of growing concerns from communities along rail corridors used by railroads shipping a growing tide of oil from the Bakken region of North Dakota.

Those worries have been exacerbated by tanker accidents. The most notable is the July 2013 derailment of tankers that killed 47 people in Lac-Megantic, Quebec. The tankers had been routed through Milwaukee before the accident.

There have been no accidents involving crude in Wisconsin, but on March 5 a BNSF Railway train derailed and caught fire near Galena, Ill., after leaving Wisconsin. Twenty-one tankers derailed. Galena is about 10 miles south of the border.

In Milwaukee, one bridge in question is a 300-foot-long structure, known as a steel stringer bridge, at W. Oregon St. and S. 1st St. The bridge was constructed in 1919, according to Bridgehunter.com, which keeps a database of historic bridges.

Canadian Pacific said on Sept. 1 that it would encase 13 of the bridge’s steel columns with concrete to prevent further corrosion and to extend the life of the columns. The carrier said last week that a protective layer of concrete will be applied late this month.

Since last spring, neighbors have expressed worries about the integrity of the bridge, and since July city officials have sought details on the condition of the bridge.

In addition to the threat to human safety, environmental groups such as Milwaukee Riverkeeper say about three dozen bridges cross rivers and streams in the Milwaukee River basin.

On Sunday, a flotilla of kayaks and canoes paddled at the confluence of the Milwaukee and Menomonee rivers to underscore the connection between trains and the city’s waterways.

Bridges must be inspected annually by railroads. But railroads are not required to submit the information to the federal agency. Railroads also are not required to make the information available to the public.

Cummings said the bridge on S. 1st St. has been inspected by a railroad bridge inspector. “We are confident in its ability to safely handle freight and passenger train traffic,” Cummings said.

In her letter, Feinberg said the agency is “re-evaluating” its programs to determine whether it needs to take additional steps.

Common Council President Michael Murphy said he isn’t satisfied by Feinberg’s comments.

“I would liked to have seen a little more teeth in it,” he said.

Murphy said Canadian Pacific should be more transparent, adding that he expects the company to brief the council’s public safety panel soon on the bridge’s condition.

Baldwin and Minnesota Sen. Al Franken, also a Democrat, said in an editorial in the La Crosse Tribune last week that oil trains have put “hundreds of communities in Minnesota and Wisconsin at risk for the explosive crashes that come when an oil train derails.”

Nationally, trains carrying crude oil in the United States have jumped from 10,840 carloads in 2009 to 233,698 in 2012 to 493,127 in 2014, according to the Association of American Railroads.

Canadian Pacific is shipping seven to 11 Bakken crude trains a week through Wisconsin, including Milwaukee, according to the latest data sent to the Wisconsin Division of Emergency Management. BNSF is shipping 20 to 30 trainloads along the Mississippi River.

In a federal transportation bill that has passed the Senate but not yet the House, Baldwin and Franken said they added language that would make oil train information available for first responders. It would also give state and local officials access to inspection records of bridges.

Sunday’s paddle protest in Milwaukee was meant to highlight concerns by Milwaukee Riverkeeper and Citizens Acting for Rail Safety that the area’s aging bridges were not built to accommodate so much oil.

Cheryl Nenn of Riverkeeper said a rail accident that spilled crude could have long-lasting effects on the Milwaukee, Menomonee and Kinnickinnic rivers, and Lake Michigan, the city’s source of drinking water.

Complicating a potential oil spill in downtown Milwaukee is wave action from Lake Michigan, known as a seiche effect, where surging water from the lake can push water upstream, she said.

“The Milwaukee River is cleaner today than it has been in decades, and now we face a threat from crude oil,” Nenn said.

Valero Benicia Crude by Rail: RDEIR now available, links here

Project Documents: Valero Crude by Rail

By Roger Straw, Benicia Independent Editor, 8/31/15
UPDATED September 4, 2015

Here you can download documents from the City of Benicia’s website.  They are the official documents submitted by Valero and/or prepared by City consultants, including the Report itself, eight appendices and ninety (!) reference documents.  (Documents submitted by citizens and others commenting on the proposal may be found on our Project Review page.)  Caution: many of these are huge downloads.

The Recirculated Draft EIR – released August 31, 2015