Category Archives: Bay Area Air Quality Management District

Examiner Op Ed: Our fight to stop the bomb trains traveling through our backyards

Repost from The San Francisco Examiner

Our fight to stop the bomb trains traveling through our backyards

By Suma Peesapati, August 28, 2014
Casselton, N.D.
Bruce Crummy/2013 AP file photo | An oil train derailed on Dec. 30 in Casselton, N.D. It was one of a handful of recent incidents of rail cars carrying crude oil exploding and going up in flames.

“This issue needs to be acted on very quickly. There is a very high risk here that hasn’t been addressed. We don’t need a higher body count before they move forward.”

It was a mark-my-words moment from National Transportation Safety Board Chairwoman Deborah Hersman at her farewell appearance before stepping down from the position in April.

She was speaking about the explosive growth of the use of unsafe tanker cars to haul crude oil extracted from the Bakken reserve in North Dakota and Montana to refineries across our nation. When involved in derailments, many of these cars carrying the highly volatile fossil fuel are vulnerable to puncture and explosion upon impact. They were the cars that were involved in explosions in Aliceville, Alaska, in November, Casselton, N.D., a month later and, of course, last summer’s horrific reckoning in Lac Megantic, Quebec.

Not two weeks after Hersman made her remarks, a train carrying Bakken crude derailed in Lynchburg, Va., igniting a roaring blaze and prompting the evacuation of the entire downtown. The tankers involved, however, weren’t the cars that the former chairwoman was warning about. They were a tougher, supposedly safer car tank car that the rail and oil industry is slowly moving toward adopting. It begs the question, though, are these newer cars going to be safe enough?

This question recently hit home when a local news station exposed a clandestine crude by rail-loading operation in Richmond, here in the Bay Area, that had been flying under the radar for months. After making a backroom deal with the local air district, Kinder Morgan secured approval to introduce this highly explosive fracked crude through urban Bay Area neighborhoods without any public notice or environmental review.

Within two weeks after the story broke, Earthjustice sued the air district and Kinder Morgan, demanding a full public airing of the project’s risks to public health and safety. A hearing on the merits of this case is scheduled for Sept. 5 in San Francisco Superior Court. While we await our day in court, Kinder Morgan is unloading its crude just a half-mile from Washington Elementary School, in a low-income community of color that the air district recognizes as already overburdened by the very same carcinogenic toxic air contaminants released by handling Bakken crude.

Piling on to this environmental injustice, this crude is being loaded onto tanker trucks that are not certified by California. Those trucks then travel on Bay Area roadways until this dangerous commodity reaches its ultimate destination — the Tesoro refinery in Martinez.

Tesoro Martinez is also accepting Bakken crude from similar rail-to-truck crude transfer operations in Sacramento, thereby compounding the risk of accident. With some of the most treacherous mountain passes in the country, and a dilapidated railway system that was never designed or upgraded to transport such dangerous cargo, these trains are ticking time bombs.

The anemic response from state and federal regulators has been disappointing. Fortunately, our state and federal environmental laws gives private citizens a voice demand more than “business as usual.”

Suma Peesapati is an attorney for San Francisco-based Earthjustice.

Big oil: influence peddling in California and the Bay Area

Repost from Air Hugger
[Editor:  Global Community Monitor‘s excellent blog, Air Hugger, has been around since early 2010.  Tamhas Griffith’s piece is a thorough exploration of the oil industry’s influence over local, regional and California government officials.  See especially his expose on the behavior of Jack Broadbent, Chief Air Pollution Control Officer of the Bay Area Air Quality Management District.  – RS]

Influence

By Tamhas Griffith, August 14, 2014

Recently I have been spending more time in city and county meetings where the topic is theoretically how local government will regulate the activity of a local refinery – which is actually a multi-national multi-billion dollar entity with a local franchise.  Somehow during these meetings the regulation of health and safety of the community always seems to take a back seat to jobs and money.

We all know  one thing that these big oil companies have is a lot of MONEY. For example, the 2013 profits for the BIG 5 oil companies, you know, BP, Chevron, Conoco Phillips, ExxonMobil, and Shell­­­­­­ – were $93.3 billion last year! That’s $177 G’s  per minute.

Admittedly, Big Oil companies do have some expenses. But where they are spending this money Top 5 oil co graphmay surprise you.

Over the past 15 years, Big Oil spent $123.6 million to lobby Sacramento and $143.3 million on California political candidates and campaigns. I wouldn’t know from experience but I’d bet you can make a lot of friends with that much money dropping out of your pockets, year after year.

These friends might attach more importance to Big Oil’s concerns about over-regulation than they would to a resident who might not have the funds to contribute to anyone’s campaign fund.

A recent report by the Alliance of Californians for Community Empowerment Institute (ACCE) and Common Cause, “Big Oil Floods the Capitol: How California’s Oil Companies Funnel Funds into the Legislature,” speaks to the extreme power of the Oil and Gas Lobby, as well as the Western States Petroleum Association (WSPA) in Sacramento.

Dan Bacher, California Central Valley reporter for IndyBay, in his review of the report, noted that the

“fact that the oil industry is the largest corporate lobby in California, one that dominates environmental politics like no other industry“ makes California “much closer to Louisiana and Florida in its domination by corporate interests.”

Another way oil companies grease the wheels of influence is through their charitable giving in local oil and gas lobbycommunities. Where I live in Martinez, the yellow Shell refinery logo is on virtually all city events including our local Earth Day celebration located at the historic home of iconic environmentalist John Muir.  In Richmond, Chevron ladles out millions of dollars to local social services nonprofits working with low-income Richmond residents while simultaneously polluting their community.

These kinds of donations seem  to  reduce  short term costs for the local government, but there is a very real long term cost as well.

And one of the most insidious dynamics is that city budgets are structurally reliant on tax revenue from refineries.   According to the Contra Costa Times, “tens of millions in Chevron tax revenue bolster the [Richmond] city budget, providing police and other services that similarly sized cities in Contra Costa County can only dream about.”

It certainly seems like Big Oil has a stranglehold on California politics and regulatory agencies. Recently, the Bay Area Air Quality Management District (BAAQMD) came out in favor of Chevron’s expansion project.  After being advised by members of the Stationary Source committee that the appropriate behavior would be to merely answer questions at the Richmond meetings, BAAQMD Chief Air Pollution Control Officer, Jack Broadbent, chose to sign up as a speaker at both Richmond public meetings. He spoke in favor of the Chevron project and formally stated that there was no scientifically feasible way to mitigate condensable particulate matter for the Chevron project. This kind of emission from refineries is composed of carcinogenic particles about 1 micron in width that can lodge deep down in your lungs – see reference below.

microns

Prior to the two Richmond meetings, it had been clearly spelled out for the BAAQMD Stationary Source committee by multiple experts (with Broadbent present) that there was a mitigation technique (SCAQMD FEA Rule 1105.1) that would lessen pollution in Richmond by some 56 tons of the worst stuff you can breathe per year. And it has been mitigated since 2003 in the South Coast Air Quality Management District. So, choosing not to mitigate the really dangerous stuff pouring out of Chevron, like cancer-causing condensable particulate matter, is an impossible conclusion to reach by the authority charged with air quality control. Especially when you know otherwise. This is a 56 ton stain on the BAAQMD board and staff. And 56 tons of micron sized particles are unnecessarily heading for the lungs of the men, women, children, and animals that live or work in Richmond over the next year.

Is anyone at these BAAQMD meetings pushing for cleaner air except the community rights advocates?  What influence removes the teeth from the bill, waters down the regulation at the last minute, and causes people to lose their most basic moral compass?  A healthy community and environment should always be the priority.  And nothing should influence you to believe otherwise.

-Tom Griffith, Martinez Environmental Group, August 14, 2014.

Contra Costa County: Supervisors order recirculation of environmental report on Rodeo refinery project

Repost from The Contra Costa Times
[Editor: Note the 8th paragraph (emphasis added).  Back in January of this year, the BAAQMD itself has – according to this article – “weighed in … saying the environmental report should include calculations of toxic air contaminant emissions from the refinery and assess cumulative health risks of other refinery projects in the region“.  Surely then, this is also true for the Valero Benicia EIR.  Can the City’s consultant be charged with calculating cumulative emissions Bay-Area-wide as part of its EIR?  Or should the BAAQMD issue its own inclusive estimates DURING the proposal’s 45-day comment period?   – RS]

Contra Costa County: Supervisors order recirculation of environmental report on Rodeo refinery project

By Tom Lochner Contra Costa TimesPosted:   06/09/2014

MARTINEZ — Health impacts related to a propane and butane recovery project at the Phillips 66 petroleum refinery in Rodeo should be studied before moving ahead with approvals, according to county officials, but the refinery claims that delay could doom the project.

The board voted last week 5-0 to recirculate the project’s environmental impact report and continue the public hearing, which also includes consideration of two appeals of the project’s land use permit, to Sept. 23.

Conservation and Development Director Catherine Kutsuris noted that the EIR does not include a cumulative study of health impacts on the surrounding communities recommended under a 2011 revision of the guidelines of the Bay Area Air Quality Management District. The health study must be completed and submitted for public comment before the EIR can be certified, Kutsuris said.

The Phillips 66 Liquid Petroleum Gas Recovery Project calls for installing new equipment to recover and sell propane and butane instead of burning the fuel at the refinery or flaring off excesses. The refinery says the project will reduce pollution while creating well-paying jobs and generating taxes.

“The economic realities are, if we recirculate and we have another delay, we will be canceling this project,” Sam Parino, operations manager at Phillips 66 Rodeo, told the Contra Costa Board of Supervisors at the June 3 public hearing, although the company later softened its stance.

The project has suffered a string of recent setbacks after breezing through the early stages of the approval process, beginning with the endorsement of the Rodeo Municipal Advisory Council last summer, followed by county Planning Commission approval of a land use permit in November.

A packed January hearing on the EIR and appeals of the Planning Commission land use permit led to passionate testimony from both sides.

The Bay Area Air Quality Management District also weighed in at that time, saying the environmental report should include calculations of toxic air contaminant emissions from the refinery and assess cumulative health risks of other refinery projects in the region. There are pending projects at Chevron in Richmond, Shell in Martinez and Valero in Benicia. Also pending is an oil storage and transfer joint venture in Pittsburg by WesPac Energy and Oiltanking Holding Americas, with rail, marine and pipeline components.

Refinery spokesman Mark Hughes urged the board to order the health study without recirculating the EIR, saying it would be “tragic” if the refinery suffers economic loss and the community misses out on emission reductions and jobs promised as part of this project.

On Monday, Phillips 66 appeared to be backing down from its threat to scuttle the project.

“We will continue to pursue the land use permitting approvals of the LPG Recovery Project to ensure the long-term viability of the Rodeo refinery and the many jobs it provides,” Hughes said in an email. “We are confident that a revised EIR will ultimately help decision-makers and our community to better understand the benefits of the project and approve the application.”

Contact Tom Lochner at 510-262-2760. Follow him at Twitter.com/tomlochner.

Lawsuit Filed – Chevron Refinery Permit to Pollute Exposed

NEWS ADVISORY by Communities For A Better Environment
FOR IMMEDIATE RELEASE June 5, 2014

CBE_logo

Lawsuit Filed – Chevron Refinery Permit to Pollute Exposed

Today Communities for a Better Environment (CBE) filed suit against the Bay Area Air Quality Management District for the District’s illegal permitting of the Chevron (“Modernization”) Expansion Project.  CBE had previously requested the District to revoke the permit that allowed Chevron to build a Richmond refinery expansion that could increase air pollution from one of the state’s biggest industrial climate polluters without required emission prevention and environmental reviews.

“Letting oil refineries expand without requiring—or even looking for—measures to prevent the resultant air pollution threatens our health” said CBE Attorney Roger Lin.

CBE discovered that the Air District staff granted Chevron “Authority to Construct” the project without an Environmental Impact Report (EIR), public review or analysis of whether the emissions from the project will even meet EPA’s national standards for the protection of public health and welfare from harmful levels of pollutants.  Chevron sought the approval despite court orders in 2009 and 2010 that invalidated its permits for a Richmond refinery project with many of the same elements.  The courts found its EIR for that project failed to disclose impacts of refining lower quality oil and improperly deferred greenhouse gas (GHG) mitigation.

Chevron’s new project would switch to lower quality oil, and—if unmitigated—could increase refinery GHG emissions by 725,000–890,000 tonnes/year, increase toxic emissions, and worsen a cause of Chevron’s disastrous 2012 fire, according to a revised draft City of Richmond EIR that relies largely on the Air District to mitigate project air impacts.

“First, we discovered the permit to allow the ticking time bomb of crude-by-rail with no public disclosure or environmental review.  Then we discovered a permit that was stopped in the courts for a project that could be dirty, dangerous, and deadly.  The Air District needs to respond with answers and act immediately to stop putting communities at risk,” demanded Vivian Yi Huang, Campaign & Organizing Director of Asian Pacific Environmental Network.

“Issuing air district permits prematurely before CEQA review of the project has been completed makes no sense, especially to a corporation that has demonstrated criminal negligence leading up to the August 2012 explosion and fire. Experience has shown that monitoring alone is less effective than controlling the source of emissions from the outset. We expect BAAQMD to do a better job of protecting the health and well-being of our community” said Marilyn Langlois of the Richmond Progressive Alliance.

“It’s high time the Air Board members stand up to their staff’s errors in judgment in rubber stamping Chevron’s illegal permit and revoke it immediately,” stated Denny Larson of Global Community Monitor, a resident of Richmond. Larson added: “The people of Richmond have suffered enough at the hands of Chevron and the Air District staff—it’s time for a change!”

“The health impacts of this project cannot be understated. The project calls for substantial increases in local emissions, including many chemicals that are known carcinogens. This deeply concerns me as a nurse and as a community member. The public deserves full disclosure and an environmental review,” said Deborah Burger, RN, Co-President of the California Nurses Association.

In 2011, EPA delegated permitting authority to maintain national air quality standards to the Air District.  By repeatedly renewing Chevron’s permit since 2010, versus waiting for the revised and adequate EIR, and then asking Chevron to reapply for its permit under current, more protective requirements, the Air District dodged applying that delegated authority to the Project.  This ignores the new review’s findings of massive potential GHG and toxic particulate matter emission increases from the project that would otherwise trigger best available technology requirements to instead reduce emissions. Those protections are basic requirements of both CEQA and clean air laws–and desperately needed in the already-overburdened communities on Chevron’s fence line.

The Richmond refinery has been among the state’s three largest GHG-emitting facilities in each of the five years when the Air Resources Board reported those emissions (2008–2012), emitting more GHG than any other California facility three of those years. Its 2012 crude unit fire that nearly killed 20 workers and sent some 15,000 residents to the hospital was caused by Chevron’s failure to heed its own workers’ warnings about corrosion from higher sulfur crude, the U.S. Chemical Safety Board has found. Particulate matter air pollution from its catalytic cracker has increased to more than 1,700 pounds per day, more than 1,200 lb/day above the permitted limit, as the cat-cracker runs more oil produced from the heaviest parts of the crude stream, CBE’s review of Air District records has found.  All of these impacts could worsen if the project enables Chevron to refine even lower quality oil.

Contact:
Roger Lin, CBE   (510) 302-0430 x16
Nile Malloy, CBE  (510) 926-5737
Vivian Huang, APEN  (510) 282-0135
Denny Larson, GCM (415) 845-4705

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