Category Archives: Benicia Planning Commission

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.

VALLEJO TIMES-HERALD: City releases revised report on Valero’s Crude-By-Rail project

Repost from the Vallejo Times-Herald

City releases revised report on Valero’s Crude-By-Rail project

By Irma Widjojo, 08/31/15, 6:50 PM PDT

Benicia >> The revised draft environmental impact report for the proposed Valero’s Crude-By-Rail project was released Monday.

The new version of the draft includes “potential impacts that could occur uprail of Roseville, California (i.e., between a crude oil train’s point of origin and the California State border, and from the border to Roseville) and to supplement the (draft environmental impact report) DEIR’s evaluation of the potential consequences of upsets or accidents involving crude oil trains based on new information that has become available since the DEIR was published,” according to a City of Benicia press release.

The draft of the report was first released June 17, 2014. However, due to a number of public comments and concerns, the city decided to revise portions of the report and recirculate them back to the public.

The updated parts are subject to another round of a 45-day public comment period.

The Planning Commission will hold a formal public hearing to receive comments on the RDEIR (revised draft environmental impact report) on Sept. 29.

In anticipation of the number of speakers, additional Planning Commission meetings to receive comments on the RDEIR are scheduled for Sept. 30, Oct. 1, and Oct. 8. These additional meetings will only be held as necessary to hear public comment. All meetings will begin at 6:30 p.m. in the City Council Chambers, Benicia City Hall, at 250 East L St.

No action on the projects will be taken at these meetings, staff said.

Comments on the RDEIR may be provided at the public hearing, or may be submitted in writing, no later than 5:00 p.m. on Thursday, Oct. 15.

Written comments should be submitted to amillion@ci.benicia.ca.us or Principal Planner Amy Million at the Community Development Department.

If the project is approved, Valero Benicia Refinery will be allowed to transport crude oil through Benicia via two 50-tanker car trains, rather than shipping the crude oil by boat. It will not replace the crude that is transported by pipeline.

According to reports, the project has a potential “to result in significant impacts to the environment in the following subject areas: Air quality and greenhouse gases, traffic and transportation, hazards and hazardous materials, biological resources, energy conservation, geology and soils, hydrology and water quality, cultural resources, land use and planning, and noise.”

An environmental analysis also indicated that there would be “a significant and unavoidable impact associated with air quality and greenhouse gas emissions, hazards and hazardous materials, and biological resources.”

Valero Benicia Refinery applied for a permit to extend Union Pacific Railroad lines for the crude transportation in early 2013, and has since garnered public concerns about rail safety and environmental impact.

Valero officials have contended that the railroad addition would make the refinery more competitive by allowing it to process more discounted North American crude oil.

For further information about the RDEIR and the public hearing contact Million at 707-746-4280.

The report can be reviewed at the Benicia Public Library, 150 East L St.; the Community Development Department, 250 East L St.; or online at bit.ly/1lBeeTt.

Benicia publishes Notice of Availability & Public Hearings on Valero Crude by Rail

By Roger Straw, Editor, Sunday, August 30, 2015

An official notice appeared in the Benicia Herald today regarding the proposed Valero Crude By Rail project.  The newspaper notice details plans to release and recirculate the Revised Draft Environmental Impact Report and to hold hearings on the new report.

The City of Benicia arranged for the Benicia Herald to publish this in its Sunday 8/30/15 edition, but it is not yet available online.  I am providing a scanned version is available here .  (UPDATE: See the City’s  online version here.)

SIGNIFICANT HIGHLIGHTS FROM THE TEXT

  • In response to requests made in comments on the DEIR,  the City is issuing this RDEIR to consider potential Impacts that could occur uprail of Roseville, California (i.e., between a crude oil train’s point of origin and the California State border, and from the border to Roseville)  AND  to supplement the DEIR’s evaluation of the potential consequences of upsets or accidents involving crude oil trains based on new information that has become available since the DEIR was published .  In order to allow the public and interested agencies the opportunity to review this information, the City has elected to recirculate  certain portions  of the DEIR.
  • SUMMARY OF SIGNIFICANT IMPACTS ON THE ENVIRONMENT:  …The environmental analysis conducted to date indicates that  there would be a significant and unavoidable impact associated with air quality and greenhouse gas emissions, hazards and hazardous materials, and biological resources .  The impacts associated with all other environmental issues either would be less than significant or would be reduced to a less-than-significant level with the incorporation of mitigation measures.
  • AVAILABILITY AND PUBLIC REVIEW PERIOD:  … 45-day public review period beginning on Monday, August 31, 2015 and ending at 5:00 p.m. on Thursday, October 15, 2015 .
  • Because the proposed revisions to the DEIR affect only portions of the analysis, the City is recirculating only those affected portions for public review. Pursuant to CEQA Guidelines Section 15088.5(f)(2),  anyone wishing to submit comments on the RDEIR should limit those comments to the revised portions shown In Chapter 2 of the RDEIR  (Revisions to the Draft Environmental Impact Report).
  • PUBLIC HEARINGS:  …  The City of Benicia Planning Commission will hold a formal public hearing to receive comments on the RDEIR on September 29, 2015. In anticipation of the number of speakers, additional Planning Commission meetings to receive comments on the RDEIR are scheduled for September 30, October 1, and October 8, 2015 .  These additional meetings will only be held as necessary to hear public comment.  All meetings will begin at 6:30 p.m. in the City Council Chambers, Benicia City Hall , located at 250 East L Street, Benicia, CA 94510.  Comments on the RDEIR may be provided at the public hearing or may be submitted in writing, no later than 5:00 p.m., on Thursday, October 15, 2015.
  • All written comments should be provided to:

Amy Million, Principal Planner
Community Development Department
250 East L Street, Benicia, CA 94510
amillion@.benicia.ca.us
(707) 747-1637 (fax)
NOTE: The comment period on the DEIR ended on September 15, 2014 and the City Is in receipt of comments previously submitted so  there is no need to resubmit comments previously provided .

CONFIRMED: Hearings on Valero Crude By Rail to begin on Tues., September 29

By Roger Straw, Editor
[Note:  The revised environmental report will be available for viewing on the City’s website and here on the Benicia Independent.  – RS] 

45-day Public Comment Period begins on August 31, ends on October 15

Today I heard directly from Benicia City Planner Amy Million, confirming that the Recirculated Draft Environmental Report will be released on Monday, August 31, and that the first Public Planning Commission hearing on the Report will be on Tuesday, September 29.  The hearing will begin at 6:30pm in Council Chambers at City Hall, 250 East L Street, Benicia.

ALL INTERESTED PARTIES SHOULD PLAN TO ATTEND THE PLANNING COMMISSION HEARING TO SHARE COMMENTS AND QUESTIONS.  Mark your calendar now!

Ms. Million confirmed that  if after the first hearing there remain more speakers who wish to offer public comments, additional hearings will be held on consecutive evenings: Wednesday, September 30, Thursday, October 1.  A fourth hearing, if needed, will be held on Thursday, October 8 (presumably at the same time and location, but not confirmed at this time).

In an email, Ms. Million wrote, “The number of hearings is determined by the number of speakers, therefore a maximum number is not set.”

The 45-day public comment period will close on October 15.

The City of Benicia welcomes all comments, and your questions and opinions are important as our Planning Commissioners prepare for a decision whether to permit Valero’s proposed Crude By Rail project.  More information and background can be found here on The Benicia Independent – see the menu above or click below for

Note that with the release of the Recirculated Draft Environmental Impact Report, much on this website will be undergoing changes.  Bear with me as we move into this critical review period.
Roger Straw, Editor