Category Archives: Benicia Planning Commission

BENICIA HERALD LETTER TO THE EDITOR: Dr. James Egan: Deny Valero’s application

From The Benicia Herald (Benicia Herald letters appear only in the print edition)
[Editor:  Dr. Egan’s letter is a welcome contribution, expressing the growing conviction of many throughout North America, that crude-by-rail is simply unsafe under current conditions, and should be not be permitted at this time.  See also Dr. Egan’s 9/14/14 comments addressing the Valero Crude By Rail Draft EIR.  – RS]

Timely decision on crude by rail warranted: Deny Valero’s application

By James Egan, M.D., Benicia, March 10, 2015

The headline in the Feb. 5, 2015 edition of The Herald, “Another delay as crude-by-rail project debate enters 3rd year,” signals sympathy toward the Valero Benicia Refinery as regards its Crude by Rail (CBR) Use Permit Application, currently before the Planning Commission.  While it is difficult working up crocodile tears for a multi-billion-dollar international oil corporation, the energy and expense invested in forwarding this project bear acknowledgement, and a timely decision on the application should be made out of fairness to the applicant.  To that end, I would like to suggest that the Planning Commission and the City Council have enough information available to take action at any time.  The application should be denied on the basis of rail safety.

On Feb. 17 of this year a crude oil train derailed and exploded in Mount Carbon, W.Va.  Three million gallons of Bakken crude spilled from 26 ruptured tank cars, forcing the evacuation of two nearby towns.  Two days prior, another oil train derailed and caught fire in Ontario, Canada.  Last Thursday, March 5, 21 cars carrying Bakken crude derailed, split and exploded near Galena, Ill.  Another of the dozens of oil- or ethanol-train accidents involving a fire, derailment or significant fuel spill reported in the U.S. or Canada since 2006 was the Lynchburg, Va. derailment and fire in April 2014.

The significance of this particular series of railway disasters to the citizens of Benicia is that they all involved CPC-1232 tank cars, the same cars that Valero would use for the transportation of crude to its facility in Benicia, according to the Draft Environmental Impact Report.

In a Feb. 23 editorial titled, “Get rid of exploding tank cars,” the San Francisco Chronicle states that “Valero Energy Co. has agreed to haul Bakken crude to its Benicia bayside refinery in the newer CPC-1232 cars as part of its city permit application to revamp its facilities to receive crude by rail rather than by oceangoing tanker.  But that promise now appears inadequate to protect the safety of those in Benicia as well as in other communities – Roseville, Sacramento, Davis – along the line.”

The same edition of the Chronicle details a report from the Department of Transportation predicting that trains hauling crude oil or ethanol will derail 15 times in 2015 and average 10 times yearly over the next two decades, causing $4.5 billion in damage with potential fatalities of more than 200 people in a given accident.  This may actually be an underestimate based on recent major derailment rates.

Friends and foes of CBR alike agree that the transportation of crude oil by rail involves inherent risk.  Can’t we also agree that the risk should be reduced to the greatest extent possible before inviting these potentially explosive trains to Benicia?  Lowering the risk of tank car derailment, rupture and explosion now should translate into saved human lives and prevention of environmental disasters in the future.

The danger can, in fact, be mitigated.  The crude can be stabilized prior to its transportation by extraction of its most volatile components.  North Dakota has implemented standards making this mandatory for Bakken crude, but many feel that their new guidelines are overly lax.  New federal regulations due to be released in May could further address this, as would rail safety measures such as Positive Train Control and electronically controlled pneumatic brakes.  New, safer tank cars designed specifically to carry this type of crude have been designed and are in production.

Unfortunately, the new federal guidelines will likely require years for full enforcement, and complete phaseout of the existing, unreliable tank car fleet by newer, stronger cars, such as the Greenbrier HM-251, will also require years of effort.

Accordingly, if we agree that the risks of transportation of crude by rail should be absolutely minimized prior to approving the CRB project, we have to acknowledge that this is currently beyond Valero’s reach and the Use Permit Application should be denied.

Those who would roll the dice and approve the current application should consider how comfortable they will feel with that decision once they find themselves in a front row seat at the Park/Bayshore railroad crossing watching fifty tank cars containing 1,470,000 gallons of potentially explosive crude rumble by on the same spur line that has seen derailment of five train cars since Nov. 4, 2013 (in addition to the two locomotives that derailed on Sept. 7, 2014 near the port).

Kudos to Planning Commission members for the time and energy spent on fairly evaluating this project.  It would seem that as time has passed the correct path forward has become much clearer.  At this point, the ongoing health and well-being of all Benicians should hold foremost importance in the decision-making process.  Their protection is the least we can expect from our city government.

James Egan, M.D.

Benicia Planning Commission & public weigh in on Valero CBR

The Benicia Planning Commission completed the third of its public hearing sessions on Valero’s Crude By Rail proposal last night, and closed the hearing at a decent hour, around 10:15pm.  Thanks to everyone who attended and contributed!

In an unusual move, the Commission chose to hear from Commissioners first, then the public.  City staff refused to allow commissioners to engage the EIR consultant or staff in questions and answers.  Commissioners’ comments and questions were to be added without response into the public record, just as any member of the speaking public.

(Editor: My review of Commissioner comments appears first.  See farther below for a summary of select citizen comments.)

Those in attendance opposing Valero’s proposal were highly encouraged by the quality and quantity of comments pointing out the many inadequacies and omissions of the Draft EIR.  Every Commissioner asked serious questions, as did members of the public.

The first to speak was Commissioner Steve Young, who read from prepared notes.  The Benicia Independent obtained a copy of Mr. Young’s 14-page written comments, downloadable here.  Young asked 35 penetrating questions covering in detail:

    • Environmental Impacts of Transporting Bakken Shale or Tar Sands oil
    • Possible Increase in amount of oil refined and associated increases in emissions
    • Lack of Disclosure of Documentation for Greenhouse Gas (GHG ) Calculations
    • GHG Emissions in Bay Area vs. GHG Emissions in Benicia
    • Calculation of GHG emissions for trains
    • Air Quality Impacts
    • Cumulative Impacts
    • Traffic Impacts
    • Impact on FAST Transit
    • Emergency Preparedness
    • Emergency Planning and difficulty in fighting oil fires of Bakken Crude
    • Financial responsibility of cleanup
    • Explosiveness of Bakken Crude
    • Rail Cars, Tracks and Positive Train Controls
    • Rail Cars – Positive Train Controls
    • Likelihood of Oil Spill

With apologies for any errors or misunderstandings to the other Commissioners, I will try to summarize their spoken concerns.

Commissioner Belinda Smith was openly disappointed that she was not allowed to engage the consultant and staff in questions and answers.  She raised questions about

    • the adequacy of the site description
    • the condition of roads on the site
    • groundwater runoff
    • numbers of trains that would share the rails
    • timing of train crossings
    • train deliveries during “turnarounds”
    • numbers of trains carrying other hazardous materials
    • the “no-project alternative”
    • tank car design from North Dakota to Roseville
    • noise impacts on birds and other businesses in the Industrial Park
    • bird count review after impact and mitigations if they don’t return
    • Indirect emissions: definition of “immediate” and “other” vicinities
    • rainwater protection from contamination, runoff and containment
    • Benicia firefighter training for emergencies
    • Lack of detailed analysis of cumulative impacts

Commissioner Suzanne Sprague agreed with many of Young’s and Smith’s comments and questions, adding only that, as an attorney, she had concerns about the DEIR’s omission of analysis of case law regarding outlying communities and federal preemption.

Commissioner Cohen-Grossman raised four issues:

    • What impact will the project have on the new bus hub on in the Industrial Park?
    • Why would the DEIR even mention a possible impact and then not discuss it because of federal preemption?  (Example: the alternate project analyses)
    • Traffic: Benicia’s General Plan calls for level of service D, but the DEIR only uses outlying roads in its analysis.
    • Huge increase in volume of hazardous materials shipments will require emergency readiness.  Sept. 29 Solano County meeting.

Commissioner George Oakes offered comments on financial issues:

    • Financial responsibility – who owns the crude at every step, from its source in the upper midwest to Valero?
    • Who indemnifies the product along the rail lines?
    • Who in the City is indemnified?
    • How much insurance does each person handling the crude (from offloading laborers to executives) need?
    • The railroad in the Lac-Megantic disaster had only $25 million insurance and went bankrupt quickly.  The people are paying.  How to guard against this here?

Commission Chair Don Dean listed several concerns:

    • Regarding cumulative impacts of hazardous materials in the event of accidents: the DEIR (§ 5-17) analyzes two accidents at the same time but doesn’t make sense.  Cumulative impacts are additive  not multiplicative.
    • How can we understand impacts or cumulative impacts without knowing the nature of the material being shipped?  Information in the document is not sufficient even in light of preemption.
    • Biological resources (§ 5-1) has more information in this section about hazardous materials than in the HM section…

Ten citizen comments critical of the DEIR and Valero’s proposal raised significant questions for the project consultant.  The Commission heard from Adela Fernandez, Charles Davidson, Greg Karras (Communities for a Better Environment), Dr. Jim Stevenson, Shiela Clyatt, David Jenkins, Paul Reeve, Shoshana Wechsler (Sunflower Alliance), Donna Wapner (public health educator) and Linda Lewis (local realtor).  Especially significant comments included the following:

Greg Karras, for 30 years Senior Scientist for Communities for a Better Environment:

    • The proposed offloading racks would be located too close to onsite refinery hazards, for instance, only 50′ from a large storage tank, 100′ from another.  Multiple tank fires would be a possibility.  It is highly unusual these days to see a project proposed with such onsite refinery hazards.
    • False assumption that ONLY marine emissions will be offset by local train emissions.  Offsets not real.  Significant local impacts AND global climate impacts.
    • California pipeline crude will also be replaced by North American crude.  This is a tar sands project with huge impacts, ignored by DEIR.
    • Hidden information on the mix of crude sources.

Dr. Jim Stevenson spoke on the nature of risk.  Risk has to be understood both quantitatively and qualitatively.  The DEIR discusses cumulative risk in quantitative terms but does not analyze the potential for catastrophic (qualitative) impacts, involving chemical releases and massive explosions.

Shiela Clyatt spoke about the economic impacts, including the possibility of businesses leaving the Industrial Park due to traffic congestion issues and safety concerns.  Other economic impacts would include a general drop in property values as Benicia takes on a riskier image for home buyers.

David Jenkins, a business owner in the Industrial Park, spoke very personally about the impact Valero’s proposal would have on his business.  He outlined concerns including possible storage of tank cars while not offloading; traffic congestion; lack of control over Union Pacific (including the distinct possibility of MORE than two trains per day; massive spills and explosions.  He also called for signed warranties by Valero and UP guaranteeing financial coverage of all damages in the event of accidents.

Shoshana Wechsler gave the most inspiring speech of the night, raising significant and detailed technical questions about the DEIR while setting Valero’s proposal and Benicia’s decision-making into a wider global context.  Read it here.

Donna Wapner offered comments from her perspective as a public health educator (Health Science professor at Diablo College).  She highlighted the DEIR’s lack of mention of potential earthquake impacts, and pointed to the massive and lingering economic impacts following Three-Mile Island and Love Canal, mentioning that there are STILL 1000 lawsuits in play today over the Love Canal toxic waste dump disaster.

Linda Lewis, a Benicia realtor, agreed with the comments expressed earlier by Dr. Jim Stevenson, and simply asked, “Can you guarantee I will be safe?  And my community?”

Benicia Planning Commission Hearing on Valero proposal this Thurs., Sept. 11

From an email by SafeBenicia.org

REMINDER: Planning Commission Hearing on Valero Crude By Rail, Thursday, Sept 11



Reminder …
Benicia Planning Commission
Thurs., Sept. 11, 6pm!

~ PUBLIC HEARING ~

WHERE:  Benicia City Hall, 250 East L Street
WHEN: This Thursday, September 11, 2014
PACKED HOUSE: Plan to arrive between 3pm and 7pm

THIS WILL BE DIFFERENT…

At this hearing, our Planning Commissioners will be asking questions and making their own comments on the Draft Environmental Impact Report. This is a very important part of the process. Please attend to hear what our Planning Commissioners have to say.
This will ALSO be the last PUBLIC comment hearing on Valero’s Draft Environmental Impact Report. If you have not spoken before, this is your last chance – you can still speak even if you have not submitted a speaker card before. And if you were at one of the last hearings and submitted your card but they didn’t get to you or you left before they could get to you, you can speak at this hearing.

 PLAN TO ATTEND.  Numbers speak!
For guidelines and suggestions on how to offer comments that are helpful to our Planning Commissioners, see RESOURCES (SafeBenicia.org).  For additional background information and resources see LEARN MORE on SafeBenicia.org.  Another good source of information is The Benicia Independent.

Bring a friend or family member. See you THIS Thursday!  NOTE: The Planning Commission meeting begins at 6pm to consider another agenda item.  The Crude By Rail hearing begins at 7pm.  It will be another packed house – you will have to arrive early to get a seat.

Note also that the public WRITTEN comment period has been extended until September 15.  If you can’t make the meeting, or have already spoken, there is still time to send in written comments.  Again, see RESOURCES for help on written comments.

Order a yard sign today…


Order your yard sign by email to info@SafeBenicia.com,
or order a yard sign on the volunteer page at  http://safebenicia.org/volunteer-yard-sign/.

VOLUNTEER AND SIGN THE PETITION!
The Volunteer Page on SafeBenicia.org
(Where you can also order a yard sign.)

LIKE THE LOGO?
T-shirts, sweatshirts, mugs, stickers, and more. All proceeds go to
Benicians For a Safe and Healthy Community.  http://www.cafepress.com/safebeniciaPlease help us raise funds

We need your support to print flyers, mailers etc. Your contribution on GoFundMe will make a world of difference to our grassroots organization. Thank you!!

CONTACT US

BENICIANS FOR A SAFE AND HEALTHY COMMUNITY
P.O. Box 253, Benicia, CA 94510
(707) 742-3597
info@SafeBenicia.org


 

Benicia OKs Sacramento request for more time to review crude oil rail shipment plans

Repost from The Sacramento Bee

Benicia OKs Sacramento request for more time to review crude oil rail shipment plans

By Tony Bizjak, Saturday, Jul. 12, 2014
Lac-Megantic-One-Year-Later
Family and friends cross the railroad track along the crash site after a memorial service early Sunday, July 6, 2014 in Lac-Megantic, Quebec, for the 47 victims of last year’s devastating oil train derailment (AP Photo/The Canadian Press, /Paul Chiasson

Benicia has granted a request by Sacramento officials and others for extra time to review a plan by Valero Refining Co. to run two trains daily carrying crude oil through downtown Sacramento, Roseville, West Sacramento and Davis to its Bay Area refinery. The Sacramento Area Council of Governments, which represents local cities and counties, had requested extra time, saying they are concerned about the project’s safety risks. The new response deadline is Sept. 15, officials said.

Valero is asking the city of Benicia for an OK to begin receiving daily crude-by-rail shipments, including possibly the more volatile oil from the North Dakota Bakken fields. Federal officials issued a warning this year about that fuel after several train explosions, including one that killed 47 people in Canada.

The Valero plan, involving two 50-car trains a day through Sacramento, is among the first of what California officials say is an expected boom in crude-by-rail shipments through the state, prompted by the lower cost of North Dakota and Canadian crude.

The draft environmental report, issued last month by Benicia, included an analysis that says a derailment and spill might happen only once every 111 years. That analysis was authored by a University of Illinois professor, Christopher Barkan, who formerly worked for the American Association of Railroads and does research supported by the association. Barkan, an expert on hazardous rail transport, said in an email that his work for Benicia was not influenced by his association with the railroad association.

Local officials say they plan to issue written responses to that assessment this summer. City of Davis official Mike Webb has challenged the report risk assessment, saying, “It only needs to happen once to be a real problem.”

Also on Friday, a coalition of activists who oppose rail shipments of crude oil called on the state Legislature or the governor to ban or place a moratorium on construction of any more crude rail terminals similar to the one Valero is proposing.

The state Office of Spill Prevention and Response announced it will conduct a series of public workshops later this month soliciting opinions on how it should expand its work to inland areas, including along rail lines. The new state budget includes funding, from oil refinery fees, for the spill office to deal with the expected increase in crude oil shipments by rail. The agency will release information on its “legal and regulations” Web page on Friday.