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CALL TO ACTION: Public Comment on
Revised DEIR for Valero Crude By Rail
~ Planning Commission Hearing ~
Tuesday, September 29, at 5:30pm
Benicia City Council Chambers
The City of Benicia Planning Commission will hold a public hearing on the recirculated Draft Environmental Impact Report (RDEIR) for a proposed crude-by-rail project. The proposed project would allow the Benicia Valero Refinery to receive up to 70,000 barrels per day of its crude by rail. The project involves installation of a new railcar unloading rack, rail track spurs, pumps, pipeline and other infrastructure at the refinery.
The environmental analysis conducted to date indicates that there would be significant and unavoidable impacts on air quality, greenhouse gas emissions, hazardous materials and biological resources.
Benicians for a Safe and Healthy Community and many other governmental agencies, organizations, businesses and individuals have also determined that there are huge safety risks, not only for Benicia, but for all communities and the environment along the entire uprail line from the extraction point to it’s destination in Benicia.
Please join us to voice your concerns about the added environmental impacts and safety risks that this project will add, by attending the first hearing on the RDEIR.
If you have any questions on this hearing, please contact our spokesperson Andrés Soto by calling him at (707) 742-3597 or emailing us at info@safebenicia.org.
Here’s a number you need to see: 57 MILLION CHILDREN
Join ForestEthics in telling U.S. safety officials and railroad execs: No More Oil Train Secrets. The first step in making our schools safe from oil trains is to release critical documents that the rail companies are hiding from the public. (Click on the image and SIGN on the right side of the page.)
5.7 Million K-12 age children attend U.S. schools in the oil train blast zone–the area that must be evacuated in case of a derailment or fire from an oil train.
Massive growth of oil train traffic–over 5,000% since 2008 in the U.S.–means more derailments, oil spills into waterways, and massive explosions. 2015 alone has seen five explosive derailments in the U.S. and Canada. We now know that oil trains threaten 5,728,044 million children in 15,848 schools every day in the U.S. Our children deserve better.
But we don’t even know the details on the dangers of these trains–and neither do our first responders or our elected leaders. We don’t know because oil train companies like BNSF, Union Pacific, CSX, Norfolk Southern, Canadian Pacific and Canadian National are keeping four critical types of information hidden:
The routing choices they make through cities, towns and sensitive areas;
The worst case scenario models they create for your town;
The insurance amount they have to cover themselves; and
Their emergency response plans when the unthinkable happens.
We are calling these documents The Oil Train Secrets. The Federal Railroad Administration, the agency in the U.S. that is responsible for making the companies release these documents, isn’t doing its job–and neither is its boss, the U.S. Department of Transportation. But our future and our children are too important to let these critical documents stay secret.
To: US Safety Officials and Railroad Executives
From: [Your Name]
To: Anthony Foxx of the Secretary of the U.S. Department of Transportation and Sarah Feinberg, Director of the Federal Railroad Administration
Re: Request for Release of Documents
Secretary Foxx and Director Feinberg:
On Tuesday, September 8th, 2015, ForestEthics released its estimate of the number of K-12 age students in schools in the evacuation zone for oil trains: 5.7 million. 5.7 million K-12 age students are among the 25 million Americans living in this blast zone.
Many local emergency planning and response agencies have testified in Congress and state and local legislatures that, in the absence of railroad risk analyses, they have been struggling to develop their own ability to respond to potential crude oil derailments. Local safety officials need information to protect our communities, especially schools. In the interests of public safety, we are formally asking your assistance in releasing the following documents:
1. Rail Companies own calculated Worst Case Scenarios for a potential oil train emergency in urban and sensitive environmental locales. Local and state officials have stated that they have never seen this essential crude oil release scenario information.
2. We also need to see rail company documentation on the levels of catastrophic insurance coverage each railroad company has been able to buy for potential serious releases in each jurisdiction. The insurers apparently have seen the railroads’ Worst Case Scenarios and have demonstrated a healthy and cautious concern about the scale of costly disasters that their companies might be responsible for covering. If the insurers can see it, so can the public.
3. We require the rail companies’ internal Comprehensive Emergency Response Plans for high hazard flammable trains (oil trains), both generic and for specific typical locations, urban and rural.
4. We also need rail companies’ up-to-now secret route analysis documentation and route selection results in each jurisdiction, pursuant to Congress’s 2007 Public Law 110-53, for urban hazmat safety and security routing for the currently covered cargoes of chlorine and ammonia, as well as for the newly-recognized “key trains” of crude oil and ethanol.
We are publicly demanding that you promptly assist the rail companies, who will be receiving a copy of this letter, to provide these key risk documents, up to now withheld from public view. Not only because our first responders and governments need them, but because our communities have a right to know to what chemical disaster risks various hazardous operations are exposing them. It is our assessment that the publication of these documents would aid your agencies in protecting the public and assisting first responders. Our children deserve nothing less than the safest learning environment and the best-informed first responders.
Sincerely,
ForestEthics and the undersigned,
++++++++++
Cc: Matt Rose
Executive Chairman, Burlington Northern Santa Fe Railroad
Repost from the Benicia Herald [Editor: No link is provided for this letter because the Benicia Herald does not publish Letters in its online edition. – RS]
Thanks for opposing views of Valero Crude-by-Rail Project
By Georgia Taylor Benedict, September 1, 2015, Benicia Herald
Thank you for two thought-provoking columns in the Sunday, Aug. 30 (“Benicia: Not exactly a smart, green city,” by Grant Cooke and “Crude by rail can be solution to Benicia’s budget woes,” by Dan Broadwater). Mr. Cooke and Mr. Broadwater presented opposing view of the Valero Crude-by-Rail Project. What was obvious was that Mr. Cooke’s analysis was far more inclusive than that of Mr. Broadwater.
The most obvious point Mr. Broadwater (writing in favor of crude by rail) failed to address was the inherent and demonstrated danger to communities, waterways, wildlife and natural habitats caused for transporting highly volatile Bakken crude over thousands of miles. Trains derail, leak, and spill fuel and highly toxic crude oil with what appears to be alarming frequency.
The risk to the city of Benicia of a deadly explosion or highly polluted air if this project is approved is not a matter of if but when. To support this project because it may create 20 long-term jobs is laughable.
I sincerely hope that our elected city officials will deny Valero’s proposal after due consideration. To fail to do so could be catastrophic for our lovely town.
Maryland judge orders release of oil train reports
HIGHLIGHTS
• Case marks first time railroads have lost on the issue in court
• Judge not persuaded that release would harm security, business
• Companies that filed 2014 lawsuit have until Sept. 4 to appeal
By Curtis Tate, August 17, 2015
Tank cars loaded with crude oil head east at Hurricane, W. Va., in May 2014. A Maryland judge has ordered the release of oil train reports to McClatchy and other news organizations. West Virginia and a handful of other states agreed to keep the reports confidential. Curtis Tate – McClatchy
WASHINGTON – A Maryland judge rejected two rail carriers’ arguments that oil train reports should be withheld from the public, ordering them released to McClatchy and other news organizations that sought them.
The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to see them.
The U.S. Department of Transportation began requiring in May 2014 that railroads inform states of large shipments of crude oil after a series of derailments with spills, fires, explosions and evacuations. Since February, six more major oil train derailments have occurred in North America.
Nonetheless, some railroads have continued to press their case that the reports should be exempt from disclosure under state open records laws. Most states shared the documents anyway, and Pennsylvania and Texas did so after McClatchy appealed. Maryland is the only state that was taken to court after it said it would release the reports.
Norfolk Southern and CSX sued the Maryland Department of the Environment in July 2014 to stop the state agency from releasing the records to McClatchy and the Associated Press. They have until Sept. 4 to appeal the decision, issued Friday by Judge Lawrence Fletcher-Hill of the Circuit Court for Baltimore City.
Both companies, which transport crude oil to East Coast refineries concentrated in Delaware, Pennsylvania and New Jersey, said they would review the decision.
Dave Pidgeon, a spokesman for Norfolk Southern, said the company would “respond at the appropriate time and venue.”
Melanie Cost, a spokeswoman for CSX, said the railroad “remains committed to safely moving these and all other shipments on its network.”
The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to access them.
In his 20-page opinion, Fletcher-Hill was not persuaded by arguments that releasing the oil train reports would harm the railroads’ security and business interests. He also dismissed the relevance of the U.S. Department of Transportation’s May final rule addressing the safety of oil trains. The companies had argued that the final rule supported their claims.
He also ordered the companies to pay any open court costs.
In a statement, Maryland Secretary of the Environment Ben Grumbles said the agency was pleased with the ruling and that it is “committed to transparency in government.”
Rail transportation of Bakken crude oil, produced through hydraulic fracturing of shale formations in North Dakota, has grown exponentially in the past five years. However, a series of fiery derailments, including one in Quebec in 2013 that killed 47 people, have raised numerous concerns about public safety, environmental protection and emergency planning and response.
U.S. Transportation Secretary Anthony Foxx issued an emergency order on May 7, 2014, that required any railroad shipping 1 million gallons or more of Bakken crude oil through a state to inform that state’s emergency response commission what routes the trains would take and which counties they would cross, as well as provide a reasonable estimate of how many trains to expect in a week.
Beginning in June 2014, McClatchy submitted open records requests in 30 states for the oil train reports, including Maryland.
McClatchy was able to glean some of the details in the Maryland report through a Freedom of Information Act request to Amtrak, which owns part of Norfolk Southern’s oil train route in the state. The subsequent release of oil train reports in Pennsylvania revealed more about such operations in Maryland.
On Monday, Pennsylvania Gov. Tom Wolf released an 84-page assessment of oil train safety in the state, which examined derailment risk, tank car failures and regulatory oversight. Some Maryland lawmakers have called for the state to perform a similar assessment.
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