Category Archives: Air Quality

No decision on Phillips 66 oil-by-rail proposal after fifth day of hearings

Repost from the San Luis Obispo Tribune

No decision on Phillips 66 oil-by-rail proposal after fifth day of hearings

By David Sneed, April 15, 2016 10:27 AM

HIGHLIGHTS
• 
Planning Commission continues the discussion to May 16, when a decision is expected
• Panel considered a range of issues, including air quality, bridge safety and emergency response
• Public turnout Friday was light because no public comment was taken

Planning commissioners listen Friday during the fifth hearing on Phillips 66’s oil-by-rail proposal for its Nipomo Mesa refinery.
Planning commissioners listen Friday during the fifth hearing on Phillips 66’s oil-by-rail proposal for its Nipomo Mesa refinery. Credit: David Middlecamp

After a fifth daylong hearing, the San Luis Obispo County Planning Commission did not come to a decision on a controversial proposed rail spur project at the Phillips 66 Nipomo Mesa refinery and scheduled a sixth and possibly final hearing for May 16.

During Friday’s hearing, the commission considered a wide range of issues associated with the project, including air quality, bridge safety, hazards, emergency response and the composition of the oil to be shipped. One of the greatest fears regarding the proposed rail spur at the Phillips 66 oil refinery is that one of the long trains supplying the refinery could derail in a fiery crash.

“What is a rail car going to do if it turns over on the (Cuesta) Grade,” asked Commissioner Jim Irving. “Is it going to blow up?”

Jim Anderson, refinery manager, said the company will use the latest, most up-to-date tankers to transport the oil according to the Department of Transportation requirements to prevent that from happening. He also said the type of crude oil the tankers will be hauling is the heavier, less flammable kind.

“These cars are the state-of-the-art according to the DOT,” he said. “We will not start this project without those cars.”

John Peirson, a consultant with Marine Research Specialists of Ventura, which prepared the project’s environmental impact report, said even with the heavier crude oil, crashes have resulted in explosions and fireballs. He also said a thinner would be added to make the oil easier to pump and transport, and that this would increase its flammability.

“It is less likely, but it is possible,” he said.

For oil train accidents, the evacuation zone along the railroad is half a mile on either side. In San Luis Obispo County, 88,377 people live within half a mile of the tracks, said Ryan Hostetter, senior county planner.

The evacuation zone is the area adjacent to the tracks in which a person is liable to be injured in the event of a fire and explosion. Of greatest risk are densely populated areas and public facilities such as schools and hospitals. For example, Sierra Vista Regional Medical Center in San Luis Obispo is near the railroad.

“These are areas where you would expect very severe consequences,” said Steve Radis, another MRS consultant. “Potentially, if you were outdoors, you could be injured, and evacuating a hospital would be a major disruption.”

The amount of crude oil transported by rail has increased 50 times since 2009. Since that time, three accidents a year involving oil cars have occurred nationally, none locally, Radis said.

In October 2015, Cal Fire conducted a simulated oil car derailment accident drill at the California Men’s Colony prison that involved 100 people. The simulation included multiple fires, creek pollution and inmate injuries, Battalion Chief Laurie Donnelly said.

It took several hours to put the oil fires out, but the most time-consuming part of the drill was treating the injured inmates.

“We did well, but we found a few areas of improvement, which is to be expected in a drill like that,” she said.

More than 50 people were in attendance Friday at the commission’s fifth hearing on the project.

Public turnout at Friday’s hearing was light compared with past hearings, which attracted hundreds of people. The light turnout was attributable to the fact that no public comment was taken.

The oil company has applied to build a 1.3-mile rail spur with five parallel tracks from the main rail line to its Nipomo Mesa refinery, an unloading facility at the refinery and on-site pipelines.

These improvements would allow the refinery to accept five trains a week for a maximum of 250 trains per year to deliver crude oil to the refinery. Each train would have three locomotives, two buffer cars and 80 rail cars carrying a total of 2.2 million gallons of crude oil.

County staff is recommending the proposal be denied. The project drew more than 400 speakers at previous hearings as well as thousands of letters and comments sent from around the state.

Opponents say the project will cause air pollution and other environmental consequences. They are also concerned about a derailment causing an oil spill and fire.

In order to reduce these environmental impacts, Phillips 66 has offered to reduce the shipments to three trains a week, or 150 per year.

Supporters say the project is needed to keep the refinery economically viable and protect its 200 jobs. They also point out that the refinery has operated safely and the state needs the oil products it will produce.

Whatever decision the Planning Commission makes will certainly be appealed to the county Board of Supervisors.

SACRAMENTO BEE: Tom Steyer & Steve Young – Benicia should block oil trains

Repost from the Sacramento Bee

Benicia should block oil trains

By Tom Steyer and Steve YoungSpecial to The Bee, March 14, 2016 9:30AM

HIGHLIGHTS
•  Valero wants to bring trains carrying crude through Sacramento region to Benicia refinery
• Even without a catastrophe, oil trains pose a serious threat to public health and safety
• With clean energy and efficiency, California doesn’t need to take the risk

Railroad tracks lead to Valero’s refinery in Benicia. The company wants to ship oil there with two, 50-car trains a day.
Railroad tracks lead to Valero’s refinery in Benicia. The company wants to ship oil there with two, 50-car trains a day. Manny Crisostomo Sacramento Bee file

If approved, proposed new oil train terminals at refineries in California would turn our railways into crude oil superhighways. Mile-long oil trains would haul millions of gallons of toxic, explosive crude through downtown Sacramento and dozens of other California cities and towns. An estimated 5 million Californians live in the one-mile evacuation zone along oil train routes.

In Benicia, city officials are close to a final decision on the proposed Valero oil train terminal. It’s essential that City Council members, who hold a hearing on Tuesday, understand why oil trains are too dangerous for our communities. There is no sure way to protect public health while transporting crude oil by rail.

Tom Steyer

Valero wants to bring two 50-car trains carrying about 3 million gallons of oil to its Benicia refinery every day. The environmental review of the proposal cites the “potentially significant” hazard of a spill and fire.

In 2013, the oil train explosion in Lac Megantic, Quebec, demonstrated the danger. It killed 47 people, destroyed dozens of buildings and poisoned a local lake. Three years later, residents still live with fear and anxiety, and scientists have recorded an “unprecedented” spike of fish deformities.

Steve_Young
Steve Young

But it doesn’t take a catastrophe for oil trains to pose a serious threat to public health and safety. They disrupt traffic, delay emergency response and bring more poisoned air and increased disease. That’s why six counties and 22 cities around Sacramento have already said no to these trains. But the safety of all Californians living in the blast zone lies in the hands of Benicia city officials who will decide whether to approve Valero’s permit.

On Feb. 11, after days of testimony from experts and community members, the city Planning Commission voted unanimously to deny the permit. Valero has appealed to the Benicia City Council, which will make the final decision.

Something similar is happening in San Luis Obispo County, where the county staff and the California Coastal Commission recommended that the county reject the Phillips 66 oil train terminal proposal. The county Planning Commission must decide soon, but the final decision will rest with county supervisors.

Last year, NextGen Climate, the Natural Resources Defense Council, ForestEthics and Communities for a Better Environment released a report on oil industry plans to ship dirty Canadian tar sands crude to West Coast refineries. The report found that heavy crude would increase carbon pollution by as much as 26 million metric tons – the equivalent of adding 5.5 million cars to the road.

The good news is that we don’t have to live with these oil risks barreling through town. We can make our communities safer by transitioning to clean energy. A recent report by the Union of Concerned Scientists revealed that improvements in fuel efficiency and energy technology could help us cut oil consumption in half by 2030.

There’s no place for extreme tar sands or Bakken crude in California’s emerging clean energy economy – and there’s no place in our communities for dangerous, unnecessary crude oil trains.

Tom Steyer is founder of NextGen Climate and can be contacted at info@nextgenclimate.org.  Steve Young is a Benicia planning commissioner and can be contacted at steveyoung94510@gmail.com.

SF CHRONICLE: Pits of drilling waste threaten water, air safety, report charges

Repost from the San Francisco Chronicle
[Editor: Significant quote: “The report says there are 790 active pits in California and that 60 percent of them have out-of-date permits or no permit at all. Monitoring of the pits, which allow toxic substances in the water to percolate into the ground, is inadequate, and regulations are ineffective, according to the report.”  – RS]

Pits of drilling waste threaten water, air safety, report charges

Dumped oil, gas byproduct hazardous, watchdog says
By Peter Fimrite, March 7, 2016
Traffic moves along the road as pumpjacks operate at the Kern River Oil Field in Bakersfield in this January 2015 file photo. Photo: Jae C. Hong, AP / AP
Traffic moves along the road as pumpjacks operate at the Kern River Oil Field in Bakersfield in this January 2015 file photo. Photo: Jae C. Hong, AP / AP

Hundreds of open pits containing toxic waste produced by oil and gas drilling are threatening groundwater in California, and regulators have failed to protect drinking and irrigation water supplies from the danger, an environmental watchdog group concludes in a report set to be released Monday.

Oil industry leaders deny that the pits, which are primarily in the Central Valley, have contaminated any groundwater. But the report by Clean Water Action argues that oversight of the waste is so flimsy that the state should immediately prohibit disposal of wastewater in the evaporation pits.

“The oil and gas industry continues to dump toxic wastewater into open waste pits, and that’s threatening, and potentially polluting, groundwater,” said the report’s author, Andrew Grinberg, the special projects coordinator for Clean Water Action, an Oakland nonprofit.

‘Highest standards’

“It’s appalling that the wealthiest industry in the history of civilization can’t deal with its wastewater in a more responsible way,” he said. “State regulators should prohibit this disposal method.”

The report says there are 790 active pits in California and that 60 percent of them have out-of-date permits or no permit at all. Monitoring of the pits, which allow toxic substances in the water to percolate into the ground, is inadequate, and regulations are ineffective, according to the report.

Catherine Reheis-Boyd, president of the Western States Petroleum Association, said the report’s findings were “simply false.”

She said water disposal practices are monitored and tested by multiple state and local agencies, including the State Department of Conservation, the State Water Resources Control Board and local water quality boards.

“California’s energy producers operate under the nation’s most rigorous laws and regulations, which ensure transparency, accountability and the highest standards,” Reheis-Boyd said. “We outright reject these allegations and rely upon scientific data and our safety record to demonstrate the safe manner in which we operate every day.”

Disposal of oil and gas drilling wastewater is a big issue in the Sacramento and San Joaquin valleys, where most of California’s petroleum production takes place. Kern County is the top oil-producing area in the state, but disposal of waste is also a concern in parts of Los Angeles and Santa Barbara counties, which have been major oil producers since the early 1900s, when the demand for gasoline began growing.

Oil drillers suck up 15 barrels of water for every barrel of oil they reap. If the water is clean enough, it can be treated and used for irrigation, but most of it contains salt, boron, petroleum and other toxic substances that can poison groundwater and kill birds.

The recommended way to get rid of it is to inject it into the ground, preferably into the oil-bearing formation or deep enough so that it won’t seep into an aquifer. For many years, though, standard practice was to dump the water into a pit so that it would evaporate or percolate into the ground. Grinberg said many permits were issued for the pits in the 1950s and 1960s.

No toxic substances found

The report highlighted contamination near disposal facilities known as Racetrack Hills and Fee 34 east of Bakersfield, with a plume of wastewater spreading into an aquifer that supplies irrigation wells and flows into a tributary of the Kern River, a source of drinking water. However, toxic substances have not been detected in drinking water or in wells.

Air monitoring around a western Kern County pond known as the McKittrick Pit detected elevated levels of methane and the compounds benzene and hexanone, according to the report.

“Every year since 1990 it was monitored and inspectors saw it was in violation, but there was no enforcement action,” Grinberg said of McKittrick, adding that the California Air Resources Board is developing plans to monitor air emissions around open pits.

Clay Rodgers, assistant executive officer of the Central Valley Regional Water Quality Control Board in Fresno, said operators of both the Racetrack and McKittrick pits have been ordered to expand their monitoring.

“We’re looking at it closely to evaluate whether that series of pits is appropriate,” Rodgers said, explaining that evaporation ponds have gone out of favor in the past two decades. “A lot of these pits have closed down, and now most of the water is disposed of through underground injection.”

In a 2014 report, Clean Water Action presented evidence that the pit technique threatened groundwater and air quality. The state and regional water quality control boards have since stepped up research and enforcement, which the new report noted.

California lawmakers have passed legislation in recent years compelling operators to monitor their wastewater pits and report their findings to the state. Open-pit disposal was also prohibited in hydraulic fracturing operations, known as fracking.

Inaction charged

Grinberg said that while progress has been made, the regional water quality boards are still allowing discharges that threaten groundwater. The Central Valley board has failed to close facilities with open pits or punish companies with no permits, he said.

The report being released Monday also says no studies have been done on 2,074 inactive pits dating back to 1990 that the state has in its inventory, and that the records on these pits are incomplete. Over the past year, Grinberg said, 50 previously undocumented pits have been identified.

“The more they look, the more they are finding,” he said. “This is one negative aspect of oil production. Putting groundwater at additional risk is potentially catastrophic. These polluting activities we don’t believe are worth it, especially during a drought.”

Benicia Blocks Oil-By-Rail Plan

Repost from the East Bay Express
[Editor:  I am posting this excellent review by Jean Tepperman belatedly, with thanks for East Bay Express’ regional coverage of a Benicia story with huge regional and national implications.  I’ve not read a better review of the Feb. 8-11 Benicia Planning Commission hearings.  – RS]

Benicia Blocks Oil-By-Rail Plan

By Jean Tepperman, February 12, 2016
Valero Refinery in Benicia. - WIKIMEDIA COMMONS
Valero Refinery in Benicia. – WIKIMEDIA COMMONS

The little town of Benicia is looking to become the next link in the chain barring crude oil from traveling by rail to the West Coast. After four evenings of contentious hearings, the Benicia Planning Commission on Thursday unanimously rejected Valero refinery’s proposal to build a rail spur that would allow it to import up to 70,000 barrels a day of “North American crude oil” — meaning extra-polluting crude from Canada’s tar sands and the highly explosive crude from North Dakota’s Bakken shale fields. Both fossil fuels have been involved in numerous derailments, explosions, and fires, including a 2013 fire and explosion in Lac Megantic, Quebec that killed 47 people.

Starting on Monday, planning commissioners, led by Commissioner Steve Young, grilled staff members about their decision to recommend approval of the Valero project, identifying inconsistencies and pointing to problems that the project would create, from blocking traffic to increasing pollution to potential oil spills and other emergencies that the city would not be able to cope with. The central issue that emerged, however, was whether the city had the authority to make decisions about the project.

The staff report actually said the benefits of the project did not outweigh the potential harm. Shipping crude oil by rail, the staff found, would have “significant and unavoidable” impacts on air quality, biological resources, and greenhouse gas emissions. These impacts would conflict with air quality planning goals and state goals for reducing greenhouse gas emissions. But the city can’t prevent any of this, the staff report said, because only the federal government has the authority to regulate railroads.

Bradley Hogin, a lawyer whom the city hired on contract to advise on this project, said federal law prevents local governments from interfering with railroads, a principle referred to as “preemption.” According to the interpretation of “preemption” described by Hogin and city staff, local governments are not permitted to take actions that “have the effect of governing or managing rail transport,” even indirectly. And they are not allowed to make decisions about a project based on impacts of rail shipping connected with that project.

“Hogin is making a case that would affect cities across the nation dealing with crude by rail,” said environmental activist Marilyn Bardet in an interview. “They were going to create a legal precedent on preemption here.”

Bardet reported that public testimony by representatives of environmental organizations and “two young women from the Stanford-Mills Law Project made it clear that “there are many people who would disagree with Hogin’s interpretation.”

Roger Lin, lawyer with Communities for a Better Environment, said in an email that, contrary to Hogin’s claims, the California Environmental Quality Act actually requires local governments to consider “indirect or secondary effects that are reasonably foreseeable and caused by a project, but occur at a different time or place.” Valero is not a railroad, he said, so the “preemption” doctrine does not bar the city from using its land-use power to reject the project.

However “preemption” is interpreted, Bardet said, “the commissioners seemed uncomfortable with being told they would have to approve the project based on considerations they couldn’t accept.” Late in the hearing process, commission chair Donald Dean said, “I understand the preemption issue on a theoretical legal level, but I can’t understand this on a human level.”

Bardet expressed appreciation for the commissioners’ concern. “My sense was that these guys are real human beings,” she said. “They all listened carefully. None of them was asleep.”

Project opponents packed the hearing room for four straight nights, filling two overflow rooms on the first night. People came from “uprail” communities, including Davis and Sacramento, as well as allies from across the Bay Area, Bardet said.

Opposition to the project has been led by a community group, Benicians for a Safe and Healthy Community, formed in 2013 when the city seemed ready to approve the project without requiring any environmental impact study. “We joined with other refinery communities in the Bay Area Refinery Corridor Coalition” and in a coalition working to persuade the Bay Area Air Quality Management District to pass tough new regulations on refinery pollution, Bardet said. She said support from the National Resources Defense Council and Communities for a Better Environment was also important. “The grassroots came alive together,” she said.

Many of these organizations, like the Benicia group, are concerned, not only about the hazards of shipping crude by rail, but by the impact of refining the extra-polluting crude oil from Canada’s tar sands, Bardet said. She noted that the city’s environmental review of the project made no mention of this issue, although it is well established that refining dirty crude oil, like oil from tar sands, emits more health-harming pollution as well as more greenhouse gases.

Valero is expected to appeal the planning commission decision to the city council, which could meet to decide on the issue as early as mid-March. “The city council is going to be hard-pressed to reject the views of their own planning commission,” Bardet said.

She emphasized the significance of this decision for the national and international issue of shipping crude oil by rail. “The whole world is watching,” she said. “I just got a message from a guy in New Jersey congratulating us.”