Category Archives: Crude By Rail

Valero Benicia environmental report delayed again – not likely to withstand further scrutiny

By Roger Straw, Editor, The Benicia Independent

Valero Benicia Crude By Rail environmental report delayed for review of new federal regulations

Valero_Crude_by_Rail-Project_Description_March_2013_(cover_page)The City of Benicia issued an announcement on May 21, 2015 delaying its release of a revised draft environmental impact report on Valero Benicia Refinery’s proposal to construct an offloading facility for delivery of crude by rail.

With this delay, The City will now have spent more than two and a half years processing Valero’s proposal and responding to the objections of concerned residents, experts and nearby officials.

Valero’s application for a use permit came to City staff in December, 2012.  In May of 2013, Benicia’s Community Development Director issued a Notice of Intent and a Mitigated Negative Declaration, concluding that the proposal with mitigations was so benign as to not even need environmental review.

Following outcries and organized opposition, the City commenced a full environmental review in August, 2013.  The Draft EIR was released after several delays in June, 2014.   That review received an avalanche of critiques, including expert local analyses, professional review and letters from residents and area governing bodies and a highly critical letter from the California Attorney General.

After yet another lengthy delay, the City announced in February 2015 that, in response to the magnitude of public criticisms, project consultants would revise the DEIR and release it by June 30, 2015 for recirculation and another 45-day public comment period.

According to the City of Benicia’s Thursday announcement, the new 2-month delay (until August 31, 2015) will give consultants “time to include additional analysis of the new regulations announced on May 1, 2015 by the Department of Transportation to strengthen safe transportation of flammable liquids by rail.”

The City consultant’s analysis, seemingly favoring Valero’s proposal from the outset, will likely make the case that new federal safety standards strengthen environmental protections for this project and improve Valero’s chances for landing a use permit.  This analysis, of course, will come under heavy fire due to the inadequacy of the new federal rules, and likely will not withstand the scrutiny of Benicia citizens, officials and regional authorities and stakeholders.

All along, leaders of Benicians For a Safe and Healthy Community (BSHC) have stressed that Valero’s proposal is fatally flawed as shown in a list of significant DEIR failures, including the longstanding lack of adequate federal safety regulations governing rail transport of high hazard flammable liquids (see especially Section 2, #3, pp. 13-15).

More recently, BSHC has joined a chorus of national and international environmentalists and elected officials who are dismissive of the new (May 1) rules issued by the Department of Transportation.  (See NYTimes article.)  The new rules fail to adequately govern oil train routing, speed, braking systems and public notification, and leave entirely too many years for retirement and retrofitting of unsafe tank cars and the design and manufacture of tank cars to newer, safer standards.

BSHC and others have called for an immediate moratorium on all shipment of crude oil by rail, and a speedy transition to clean and renewable energy sources that will “leave the oil in the soil.”

The City’s announcement:

“The anticipated release of the Recirculated Draft Environmental Impact Report (RDEIR) on the Valero Crude by Rail project has been postponed to August 31, 2015.  The delay will provide the City with the necessary time to include additional analysis of the new regulations announced on May 1, 2015 by the Department of Transportation to strengthen safe transportation of flammable liquids by rail. The RDEIR will have a 45-day comment period, beginning August 31, 2015, which will include public hearings where the community may comment on the RDEIR. After the comment period closes, the City will complete the Final EIR which will include responses to all comments on the original Draft EIR and the RDEIR. The Final EIR and the project will then be discussed at subsequent public hearings.”

Benicia’s crude-by-rail environmental impact report delayed

Repost from the Vallejo Times-Herald 

Benicia’s crude-by-rail environmental impact report delayed

By Times-Herald staff report, Posted: 05/21/15, 7:21 PM PDT

Benicia >> City officials announced Thursday a delay in the release of the Recirculated Draft Environmental Impact Report on the Valero Benicia Refinery’s proposed crude-by-rail project.

The report, which was anticipated to be released June 30, is now planned to be recirculated Aug. 31. The Department of Transportation instituted new regulations on the transport of flammable liquids by rail on May 1 and city officials are looking to factor in those new rules into the report.

Comments on the updated sections will still take place for 45 days following the report’s release in August, including public hearings. The final report will be completed after all comments are in and subjected to further public hearings once the finalized version is completed.

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.

New York says no to Albany oil terminal expansion; Riverkeeper responds

Press Release from Riverkeeper New York
[Editor: This from our contact in Albany: “New York State rescinds the Global expansion NegDec (aka, FONSI) and declares the application incomplete.  Cites air issues, spill response issues, potential “significant adverse impacts on the environment”, and EPA concerns.  Letter from the State attached.”  –  RS]

Riverkeeper Responds to Decision Regarding Albany Oil Terminal Expansion

For Immediate Release: May 21, 2015
Contact: Leah Rae, Riverkeeper
914-478-4501, ext. 238

Riverkeeper applauds the decision by the New York Department of Environmental Conservation regarding the proposed expansion of Global Companies’ rail-to-barge transfer terminal at in Albany, which would facilitate the transport of heavy “tar sands” crude oil. Riverkeeper calls on the state to follow through on what they’ve begun today and promptly issue a “positive declaration” requiring an environmental impact statement.

“It is good for New York State that the DEC came to a proper decision in one of the most important environmental matters facing the state. We look forward to participating with the state on a full public safety and environmental review that is robust and protective of our communities and our waterways.”

The shipment of tar sands crude oil would pose a whole new level of risk to the Hudson River. In the event of a spill, the toxic, sinking crude would mix into the water column and be unrecoverable.

A lawsuit filed by Riverkeeper and other groups in June 2014 challenged the DEC’s decision not to require an environmental impact statement. Riverkeeper had reminded the DEC that state law required an environmental impact statement on the proposal due to the significant environmental and public safety impacts, ranging from air pollutants to the increased risk of fire and explosion in downtown Albany. The DEC’s own Environmental Justice Policy requires that nearby communities be consulted and informed about proposals that may affect them so that those communities can be meaningfully involved in their review.

Obama’s two faces on climate change

By Roger Straw, Editor, The Benicia Independent

ObamaTwoSidesDear President Obama: I read two articles about you in this morning’s news.  What’s wrong here?  You are all worried about climate change as it relates to national security, but not as it relates to climate change itself??!  See below …

OBAMA: It’s real!


Climate change a threat to national security, Obama warns

Associated Press, SFGate (San Francisco Chronicle), 5/20/15

NEW LONDON, Conn. — President Obama has argued for action on climate change as a matter of health, environmental protection and international obligation. On Wednesday, he added national security.

Those who deny global warming are putting at risk the United States and the military sworn to defend it, he told cadets at the U.S. Coast Guard Academy. Failure to act would be “dereliction of duty,” their commander in chief said.

He said climate change and rising sea levels jeopardize the readiness of U.S. forces and threaten to aggravate social tensions and political instability around the globe.

The president’s message to climate change skeptics was unequivocal: “Denying it or refusing to deal with it undermines our national security”

“Make no mistake, it will impact how our military defends our country,” Obama said on a crisp, sunny morning at Cadet Memorial Field. “We need to act and we need to act now.”

Seated before him were 218 white-uniformed graduates, pondering where military service will take them in life.

Obama drew a line from climate change to national security that had multiple strands:

• Increased risk of natural disasters resulting in humanitarian crises, with the potential to increase refugee flows and worsen conflicts over food and water.
• Aggravating conditions such as poverty, political instability and social tensions that can lead to terrorist activity and other violence.
• New threats to the U.S. economy from rising oceans that threaten thousands of miles of highways, roads, railways and energy facilities.
• New challenges for military bases and training areas from seas, drought and other conditions.

Preparing for and adapting to climate change won’t be enough, he said. “The only way the world is going to prevent the worst effects of climate change is to slow down the warming of the planet.”

He laid out his administration’s steps to reduce carbon greenhouse gas emissions, including strict limits on emissions from vehicles and power plants. The government expects those emission reductions to provide the U.S. contribution to a global climate treaty that world leaders are expected to finalize in December. Obama said it doesn’t take a scientist to know that climate change is happening.

The evidence is “indisputable,” he said.

OBAMA: Eh, well …


Eugene Robinson: Obama drills a hole in his climate policy

By Eugene Robinson, The Contra Costa Times, 05/19/2015

Here are two facts that cannot be reconciled: The planet has experienced the warmest January-March on record, and the Obama administration has authorized massive new oil drilling in the Arctic Ocean.

“Climate change can no longer be denied … and action can no longer be delayed,” President Barack Obama said in an Earth Day address in the Everglades. Indeed, Obama has been increasingly forceful in raising the alarm about heat-trapping carbon emissions. “If we don’t act,” he said in Florida, “there may not be an Everglades as we know it.”

Why, then, would the Obama administration give Royal Dutch Shell permission to move ahead with plans for Arctic offshore drilling? Put simply, if the problem is that we’re burning too much oil, why give the green light to a process that could produce another million barrels of the stuff per day, just ready to be set alight?

Please hold the pedantic lectures about how the global oil market works: Demand will be met, if not by oil pumped from beneath the Arctic Ocean then by oil pumped from somewhere else. By this logic, the administration’s decision is about energy policy — promoting U.S. self-sufficiency and creating jobs — rather than climate policy. The way to reduce carbon emissions, according to this view, is by cutting demand, not by restricting supply.

But we are told by scientists and world leaders, including Obama, that climate change is an urgent crisis. And on the global scale — the only measure that really matters — the demand-only approach isn’t working well enough.

The concentration of carbon dioxide in the atmosphere is an astounding 40 percent higher than it was at the beginning of the Industrial Revolution, when large-scale burning of fossil fuels began. Fourteen of the 15 warmest years on record have occurred this century, with 2014 measured as the warmest of all. And the National Oceanic and Atmospheric Administration announced last month that January through March 2015 were the warmest first three months of the year ever recorded.

It’s not that demand-side efforts are entirely ineffectual against climate change; without them, emissions and temperatures would be rising even faster. But it is hard to argue that the current approach is doing enough.

If we are going to avert the kind of temperature rise that climate scientists say would be catastrophic, some of the oil, coal and natural gas buried in the ground will have to stay there.

“Drill, baby, drill” was a slogan Republicans used during the 2008 campaign, but it became a reality under Obama. According to the U.S. Energy Information Administration, domestic oil production zoomed from 5.4 million barrels a day in 2009 to 8.7 million barrels a day last year, a level not seen since the waning days of the Reagan administration.

Obama has opened vast new lands and offshore tracts to oil drilling. To be fair, he has also put some sensitive areas off-limits, including in the Arctic. But overall, under Obama, the United States has come to threaten the likes of Saudi Arabia and Russia for supremacy in fossil-fuel production.

This is part of what Obama calls his “all of the above” energy strategy, in which he fosters growth and innovation in renewable energy sectors, such as solar and wind, while also promoting U.S. self-sufficiency.

Anticipated rules from the Environmental Protection Agency limiting emissions at coal-fired power plants may go a long way toward reducing the nation’s carbon footprint. But given the urgency, why shouldn’t Obama also take such an approach to climate change? Why not attack the supply side of the equation by firmly deciding to keep drilling rigs out of the Arctic Ocean?

The environmental risk alone would justify saying no to Shell’s plans; a big spill would be a disaster. But even if Arctic oil can be exploited without mishap, we’re talking about billions of gallons of oil being added to a market that is currently glutted. It doesn’t matter whether that oil is eventually burned in New York or New Delhi, in Los Angeles or Lagos.

If we don’t take a stand in the Arctic, then where? And if not now, when?

Eugene Robinson is a syndicated columnist.