Tag Archives: San Francisco Bay Area

Air Quality, Bay Area Air Quality Management District (BAAQMD), Bay Area Refineries, Cap-and-trade, Carbon emissions, Emissions caps, Greenhouse gas emissions, Local Regulation, Public Health, San Francisco Bay Area

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
Crude By Rail, Derailment, Emergency Readiness & Response, Environmental Impacts, Explosion, Fire, Rail Safety

Santa Clara County votes to oppose oil trains

Repost from NBC Bay Area
[Editor:  See also coverage on CBS SF Bay Area.  – RS]

Supervisors Oppose Proposed Project That Would Bring Oil Trains Through Santa Clara County

By Robert Handa and Bay City News, Aug 24, 2015, 7:03 PM PDT

Santa Clara County leaders, including some fire chiefs, are looking to join the Bay Area fight to stop railroad cars filled with crude oil from traveling through neighborhoods.

The South Bay officials said they are worried a proposed plan in San Luis Obispo County could lead to a derailment, an environmental disaster and the loss of life.

A recent train derailment in San Jose made some Santa Clara County leaders suddenly very interested in blocking the Phillips 66 proposal to expand its Santa Maria oil refinery.

The plan to extend a Union Pacific rail line in San Obispo County would likely allow Phillips 66 to have up to five trains a week transporting millions of gallons of high sulfur crude oil around its Santa Maria refinery.

The route would run through 40 miles of the county in Milpitas, downtown San Jose, Morgan Hill, Gilroy and unincorporated communities, according to Santa Clara County Supervisor Cindy Chavez.

The project would have an option to use Caltrain from San Francisco to downtown San Jose, Chavez said.

“A hundred years ago rail lines were going through prairies. Now they’re going through communities where people live, work, play and worship,” Chavez said.

With nearly 2 million residents, Santa Clara County is a more densely populated area than elsewhere on the route, Yeager said.

In addition to the human impact an oil train derailment would have, there would also be environmental consequences on air and soil quality and an already limited water supply, Yeager said.

The Board of Supervisors is scheduled to vote on a resolution against the proposal during its Tuesday meeting.

If the resolution is passed, the county plans to detail their opposition to the project in a letter to the San Luis Obispo County Board of Supervisors.  [Editor: the resolution passed by unanimous vote. – RS]

The Santa Clara County Fire Chiefs’ Association has also written a letter to San Luis Obispo County officials for additional information, training and equipment to keep the county safe should the project move forward, Kehmna said.

Palo Alto fire Chief Eric Nickel, president of the fire chiefs’ association, said Phillips should provide the resources to train county fire personnel instead of billing taxpayers.

In an email Phillips 66 spokesman Dennis Nuss said, “We remain committed to safety and to our proposal. We understand that there may be opposition to the rail project, and we look forward to San Luis Obispo County providing responses to all issues that are raised and addressing them in compliance with CEQA.”

Bay Area Air Quality Management District, San Francisco Bay Area, Valero Benicia Refinery

Valero Benicia sues BAAQMD, demands $57M in Clean Air Credits

Repost from Courthouse News Service

Refiner Demands $57M in Clean Air Credits

By Dave Tartre, July 29, 2015 5:37 AM PT

SAN FRANCISCO (CN) – Valero Refining Co. sued the Bay Area Air Quality Management District on Monday, claiming it abused its discretion by denying it $57 million in emissions-reduction credits.

Improvements from a major modernization of Valero’s Benicia refinery brought significant and permanent reductions in air pollution, Valero claims, but the Air Quality Management District last year rejected its application to bank $57 million in emissions reduction credits for the work it did of its own volition.

The refinery, next to the Carquinez Strait about 25 miles north of San Francisco, emits fewer nitrogen oxides and less particulate matter greater than 10 microns in diameter than it did before the project, and also reduced organic compounds and sulfur dioxide, Valero says.

It claims that the Air Quality Management District has not disputed that “the emissions reductions were real, permanent, quantifiable, enforceable and not legally required.”

A Bay Area Air Quality Management District representative on Tuesday said the agency does not comment on pending litigation.

Valero says it relied on a senior district engineer for guidance during the project, only to find out that the district was not bound by her decisions.

After the project was complete, Valero says, the Air Quality Management District changed the baseline emissions figures for the before-and-after comparison it uses to grant or deny credits.

The district’s hearing board upheld the denial on appeal.

Valero on Monday asked the Superior Court to declare the ruling a prejudicial abuse of discretion not supported by substantial evidence in the administrative record.

Valero claims the district’s hearing board mischaracterized its 3½-year project as a “simple shutdown of equipment.”

To the contrary, Valero says, the refinery was outfitted with new furnaces, new flue gas scrubbers and other equipment that “reduced emissions of various pollutants … by thousands of tons per year, thereby significantly improving Bay Area air quality.”

Though the work was prompted by a 2005 consent decree with the U.S. Environmental Protection Agency, Valero says it went far beyond the agreement’s requirements, to retool the refinery’s equipment and operations.

Valero says that $500 million of the $750 million spent on the project went to “achieve emissions reductions beyond those required by the Consent Decree or by other provisions of law.”

Valero seeks writ of mandate to evaluate the fairness and consistency of the district’s rejection, not just whether it was reasonable.

A spokesman from Valero declined to comment, saying the company would let the filing speak for itself.

It is represented by Ronald Van Buskirk with Pillsbury Winthrop Shaw Pittman, in San Francisco.

Bakken Crude, Blast zone, Crude By Rail, Derailment, Fire, Phillips 66, San Francisco Bay Area, Santa Maria Refinery, Stop Oil Trains Week of Action #StopOilTrains, Valero Benicia Refinery

Oil train organizing in Davis, California

Repost from an email, Lynne Nittler, of Davis, CA
[Editor:  Lynne Nittler and her friends at Cool Davis and Yolano Climate Action do a great job of organizing.  Davis is a primary “uprail community” that would be at high risk if Valero Benicia Refinery’s Crude By Rail proposal is permitted.  I appreciated Lynne’s recent update and summary, below.  – RS]

Oil Train: photos, Ca Energy Commission powerpoint, & actions

From: Lynne Nittler
Sent: Wednesday, July 22, 2015 3:15 PM

Dear oil train friends,

1.  July 11 Stop Oil Trains Action –  photos

On July 11, over 80 Davis residents turned out to remember the 2013 oil derailment that decimated Lac-Megantic, taking 47 lives.  Davis faces the threat of a similar accident.  Currently, at least one oil train of Bakken Crude per week passes through Davis headed to the Bay Area.  Two more 100-car trains per day are planned for the near future for the Valero Refinery in Benicia and the Phillips 66 refinery in San Luis Obispo…unless citizens stop them.

The Davis Stop Oil Trains action was one of many during the Week of Oil Train Action.  Check out photographs from actions across the country here.  Look for Davis!  https://www.flickr.com/photos/foresethics/sets/72157655110369339

See our own review with photos here:  https://yolanoclimateaction.wordpress.com/2015/07/20/davis-residents-protest-oil-trains-moving-through-town/

2.  Review of July 11:

Locally, the ForestEthics  www.Blast-Zone.org map shows endangered homes and businesses along 2nd Street including the police station, Carlton Plaza Senior Living and Rancho Yolo.  The entire Davis downtown is vulnerable along with parts of UC Davis campus and apartments complexes along Olive Drive.

The July 11 Vigil and Rally highlighted public opposition to oil trains passing through Davis. Too many residents live in the oil train blast zone, the one mile evacuation zone recommended by safety officials in the case of an oil train derailment and fire. ForestEthics calculates that nationwide, 25 million Americans live in the blast zone.

Wearing fiery red, yellow and orange shirts, Davisites met at the train station and walked through the Davis blast zone downtown to the Rotary Stage in Central Park.

We sang feisty songs led by the Raging Grannies.  We’ll be starting a group in Davis.  Let Lynne know if you’re interested.

Mayor Dan Wolk explained the city council’s resolution opposing oil by rail, available at http://citycouncil.cityofdavis.org/Media/Default/Documents/PDF/CityCouncil/CouncilMeetings/Agendas/20140422/04B-Opposing-Oil-By-Rail.pdf

City Councilman Lucas Frerichs spoke on the Sacramento Area Council of Government’s nearly unanimous decision to confront the issue.  SACOG is composed of 22 cities and 6 counties.  http://www.sacog.org/calendar/2014/08/rail/pdf/2-Valero%20EIR%20Comments.pdf

At the state level, Senator Lois Wolk shared the past and present legislative responses to the sudden surge of crude-by-rail transport into California aimed at protecting the public as well as sensitive habitat and waterways.

Supervisor Jim Provenza and Damien Luzzo focused on the extraction side of the issue in Yolo County.  Damien offered his story about how he came to oppose fracking at http://tinyurl.com/CAFrackWars and the Pledge of Resistance at http://tinyurl.com/FrackingPledgeOfResistance.  Sign his petition to ban fracking!

3.  Urgent Action:  Urge Assemblyman Bill Dodd to support SB32 & SB350!   Information on the proposed Yolo ban on fracking were available as well as a letter to Assemblyman Bill Dodd urging him to support two critical climate bills due for a vote in mid-August:

  • SB32 extending our CA carbon reduction bill, and
  • SB350 aiming for 50% lower car emissions, 50% greater building efficiency, and 50% more solar and wind-generated electricity  by 2030.

4.  Conclusion:

There is NO safe way to transport extreme tar sands and Bakken crude. Two years after Lac-Mégantic, oil trains keep exploding and carbon pollution keeps rising.  Oil trains are a disaster for our health, our safety, and our climate.

Given the unresolved dangers of crude oil transport by rail and the overload of carbon emissions already in the atmosphere, a more prudent path is to leave all extreme crude in the ground, transition to clean, renewable energy, and practice energy conservation in an effort to reverse climate change and live sustainably on a finite planet.

5.  Next oil train actions:

Powerpoint by CA Energy Commission: Read attached, a thorough and up-to-date powerpoint, to educate yourself on national and state oil and crude by rail issues in CA.  Excellent resource!

Santa Maria refinery in San Luis Obispo:  We are waiting for a hearing announcement where we can testify.

Valero Refinery in Benicia:  The revised DEIR will be released on Aug. 31 for a 45-day written public comment period.  Our letters will be crucial when the Planning commission and late the City council makes their decisions whether to finalize the EIR and permit Valero’s rail spur.