Category Archives: Air Quality

League of Women Voters to host Benicia forum on refinery rules

Repost from the Benicia Herald

Benicia forum on refinery rules set

September 8, 2015 by Nick Sestanovich

Air District to have 2-hour ‘open house’ at Robert Semple Elementary on Sept. 17

Debate over the Valero Crude-by-Rail Project — now well into its third year — intensified last week after the release of the revised Draft Environmental Impact Report. But even as residents, businesses and others in the city continue to pore over that massive document, they will have the opportunity to learn more about newly drafted state rules for refineries at a forum here next week.

The Bay Area Air Quality Management District will host a series of open houses at elementary schools in the refinery-heavy nexus of Benicia, Martinez and Richmond this month to present the agency’s four new and amended rules to reduce refinery emissions.

“This is part of an effort to reduce emissions from Bay Area refineries by 20 percent or as much as feasible by 2020,” Air District spokesperson Ralph Borrmann said Friday.

The four rules deal with limiting ammonia from fluid catalytic cracking units; broadening equipment leak standards to include all equipment that handles heavy liquids; reducing sulfur dioxide from coke calcining processes; and regulating cooling towers to reduce emissions of organic compounds, toxics and methane by being able to detect and fix leaks.

“The Air District passed a resolution almost a year ago to develop a strategy to reduce refinery emissions,” Borrmann said. “Bay Area refineries are among the most regulated in the country, if not the world, but these meetings are presenting the public with an ambitious approach to reduce emissions that are part of an aggressive approach to regulate refineries in our area.”

The open houses, Borrmann said, will not be lectures but rather forums for people to discuss and gather information. Tables will be set up with in-house experts so attendees can ask questions about the new rules, he said.

“We hope the communities and other stakeholders will have an opportunity to learn about air quality and have a role in the rule-making process,” he said.

The BAAQMD’s Benicia open house will be from 6-8 p.m. Sept. 17 at Robert Semple Elementary, 2015 East Third St.

The two other open houses will be Sept. 15 from 6-8 p.m. at Las Juntas Elementary School, 4105 Pacheco Blvd., in Martinez; and Sept. 28 from 6-8 p.m. at Lincoln Elementary School, 29 Sixth St., in Richmond.

SB 350 – Bold Bill to Cut California Emissions Sets Off Fierce Battle

Repost from the New York Times
[Editor:  SB 350 passed in the California Senate and is up for a vote in the Assembly.  Please phone or write your Assembly member NOW to encourage a vote for this most important climate bill.  More info:  1) California Climate Leadership, 2) Earthjustice, 3) Natural Resources Defense Council and 4) Cool Davis (including a sample letter).   Find and contact your California legislators here.  – RS]

Bold Bill to Cut California Emissions Sets Off Fierce Battle

By Adam Nagourney, Sept. 4, 2015
Wednesday evening’s commuter rush on Interstate 110 in Los Angeles. Legislation in California’s long-term campaign against emissions calls for a 50 percent reduction in petroleum use by Jan. 1, 2030. Credit Monica Almeida/The New York Times

SACRAMENTO — With President Obama back from a trip to Alaska in which he portrayed the fight against climate change as an urgent international priority, California is showing how hard it can be — even in a state overwhelmingly controlled by Democrats — to get an ambitious carbon reduction bill passed.

The state has been at the forefront of global efforts to battle greenhouse gases, enacting mandates to force sharp reductions in emissions over the next 35 years. Its environmental record was applauded by Mr. Obama last week, and Pope Francis invited Gov. Jerry Brown to discuss the fight against global warming in the Vatican this summer.

But a centerpiece of California’s long-term campaign against emissions — legislation requiring a 50 percent reduction in petroleum use by Jan. 1, 2030 — has set off a fierce battle here, pitting not only a well-financed oil industry against environmentalists, but Democrat against Democrat. The bill easily passed the Senate, but is faltering in the Assembly because of opposition by moderate Democrats, many representing economically suffering districts in central California. A vote is expected early next week.

The legislation faces an onslaught by the Western States Petroleum Association and other oil industry advocates that, in ads and mailings, assert that a 50 percent cut in petroleum use could result in gas rationing and a ban on minivans.

“This law will limit how often we can drive our own cars,” a narrator in one ad says urgently, an assertion the bill’s sponsors say is groundless. The oil industry has tagged the bill “The California Gas Restriction Act of 2015.”

A defeat would be a setback for Mr. Brown — who has made a battle against global warming a centerpiece of his final years in public life — and for environmentalists who have looked to California to lead the emissions fight at time of strong skepticism about global warming in Washington. Mr. Obama urged California lawmakers to enact the bill in a recent speech in Las Vegas, signaling the importance he is attaching to the issue in his final years in office.

The environmental fight here comes on the eve of the United Nations climate change conference in Paris later this year. There, Mr. Brown and Kevin de León, the State Senate Democratic leader who led the fight for the bill in his chamber, are planning to outline for an international audience California’s campaign against greenhouse gases. On Wednesday, the Legislature passed and sent to Mr. Brown a measure requiring the state’s public pension funds to divest from coal companies.

“The rest of the world is watching very closely what is happening in California, and I think so far they see a success story,” Mr. de León said. “Our economy has grown — we are adding jobs, and we are reducing our carbon emissions. Therefore it is absolutely crucial that this measure passes because it will be a big blow to the rest of the states and the whole world if it doesn’t.”

California has mandated an 80 percent cut in emissions by 2050, using 1990 emissions levels as a baseline. The goal has been championed by Democrats like Mr. Brown and Republicans like former Gov. Arnold Schwarzenegger. This bill on petroleum, one of several the Legislature is voting on to put these limits in place, is intended to ensure that California meets this target.

The legislation, Senate Bill 350, leaves it to the state’s Air Resources Board to determine how the 50 percent mandate would be met; it does not mention gas rationing or banning minivans. It also includes no penalties in case the mandate is missed. Opponents, in defending the warnings about rationing, noted that the bill is short on specifics on how the reduction would be achieved; they said they see no other way the mandate could be met.

“I can’t figure out any other way to reach a 50 percent reduction in that frame without doing some pretty dramatic measures,” said Catherine Reheis-Boyd, the president of the Western States Petroleum Association. “If it isn’t gas rationing, what is it? I keep hearing what it isn’t.”

Mr. Brown, in an interview in his office here, said the oil industry was using fear tactics to try to derail the effort before the Legislature adjourns on Sept. 11, but said he was confident of eventual success.

“You’ve got the oil companies fighting Pope Francis,” Mr. Brown said. “Fighting the scientists of the world. Fighting the governor of California. They are engaged in literally a life-and-death struggle, and I have no doubt who is going to be the victor.”

He added: “It’s a shameless effort to maintain their revenue stream — regardless of what the impact is on everyone else. There is no rationing in the bill. Read it. None.”

The concerns have come not only from Republicans, but also from moderate Democrats who represent communities in central California. Many of these communities are struggling with high unemployment and slow economic growth.

“So much of our economy is driven by the use of petroleum,” said Assemblyman Henry T. Perea, a Democrat from the Central Valley and a leader of moderates in his house. “We don’t know what impacts S.B. 350 will have on it. We don’t know because we don’t know what the plan is. What does that look like? We haven’t heard that answer to that. And in the absence of information, you create your own.”

Kristin Olsen, the Assembly Republican leader, said her party was eager to find ways to curb harmful emissions. “My son has asthma — of course I want clean air,” she said. But she questioned why California had to be a leader in an effort that she argued had such significant economic costs.

“We want to be leaders,” she said, “but not when there are no followers. And at some point we have look at the fact that no one is following California’s lead. We are less than 1 percent of the world. At some point we should work on reasonable cost-effective measures to reduce greenhouse gas emissions to improve our air quality. But not at the cost of jobs.”

Ms. Boyd, of the petroleum association, said the bill’s sponsors had erred in trying to push the measure through without explaining how it might work. “We think there should be a lot more detail, and it should be articulated pretty clearly about how one thinks they are going to be about this superaggresive mandate,” she said.

Backers of the bill said reductions would be achieved by, among other things, bolstering the fuel efficiency of existing cars and increasing the number of electric cars on the roads, while pushing urban planning policies that help enable people to walk to their jobs and to shopping districts.

“We don’t have a choice — we have to make these changes,” said Tom Steyer, a billionaire hedge fund manager and environmental advocate who has been championing the bill. “In listening to these people talk about how there is going to be rationing, I’m like, stop making up stories and start telling us what will happen under your scenario.”

“We are in the process of changing how we use energy in the United States of America,” Mr. Steyer added. “The way this happens is, the private sector comes up with new ideas, and people either like them or not.”

Mr. de León, the leader of the State Senate Democrats, said that he was preparing amendments to his bill to try to ease concerns. One amendment would give the Legislature more of a say over the final recommendation by the Air Resources Board.

Mr. Brown said that even if this bill were to be defeated, enough other legislation was already in place that he was confident of long-term victory.

“This is not the whole battle,” Mr. Brown said. “This bill has become a lightning rod. It’s important. But California is way down the road in terms of the thrust and momentum that has been building up for over a decade.”

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.

Chevron fined for air pollution at Richmond refinery

Repost from SFGate

Chevron fined for air pollution at Richmond refinery

By Kurtis Alexander, August 11, 2015 2:42 pm

Chevron has agreed to pay $146,000 in fines for spewing pollutants into the air at its refinery in Richmond, air quality regulators said Tuesday.

The penalty stems from 22 citations from the Bay Area Air Quality Management District mostly for discharging unhealthy levels of hydrogen sulfide and other harmful compounds through flaring, the process of burning off excess gas, common at industrial sites.

The refinery was also cited for excess carbon monoxide coming out of its furnace.

“Even though the incidents were minor and did not result in any significant impacts to people or the environment, we take these matters seriously, and have taken preventative measures to avoid similar situations from occurring in the future,” said Leah Casey, a spokeswoman for Chevron Corp., in an e-mail to The Chronicle.

The notices of violation were sent to Chevron between 2012 and 2014. The fines will support the air district’s enforcement work.