City of Benicia wants to retain local permitting authority
On July 7, the City of Benicia filed a letter with the Surface Transportation Board stating its views on Valero’s petition for a declarative judgement. Download Benicia’s letter directly here.
A quick summary of Benicia’s 34-page letter can be obtained on the document’s contents page:
The first section is titled, “ICCTA does not preempt the Planning Commission’s denial of the Use Permit, expressly or as-applied in this case”
The closing section is titled, “If the Benicia City Council approved the Project, could the City impose conditions or mitigation measures on Valero to reduce the environmental and public safety impacts caused by Valero’s Project that are related to UPR’s rail operations?”
A Flood of STB filings on 7/8/16: Valero Refining Company Petition for Declaratory Order
Below you will find the record as of today’s deadline at the Surface Transportation Board (STB) for responses to Valero’s petition. Click on the dates to go to the downloadable document. (Keep track of new postings here, then enter Case Title: “valero”.)
Attorneys for Benicians For A Safe And Healthy Community, Center For Biological Diversity, Communities For A Better Environment, Natural Resources Defense Council, San Francisco Baykeeper, Sierra Club, AND STAND (currently not available on the STB website,downloadable here on the Benicia Independent). Also available: a very large file of Exhibits accompanying the Benicians letter (and not yet posted at STB).
California Attorney General Kamala Harris representing the People of the State of California (currently not available on the STB website,downloadable here on the Benicia Independent)
Association Of Irritated Residents, Climate Solutions, Columbia Riverkeeper, Evergreen Islands, Friends Of The Columbia Gorge, Friends Of The Earth, Resources For Sustainable Communities, Friends Of The San Juans, Spokane Riverkeeper, And Washington Environmental Council.
Benicians For A Safe And Health Community, Center For Biological Diversity, Communities For A Better Environment, Natural Resoucres Defense Council, San Francisco Baykeeper, Sierra Club, And Stand
Why Feds Chose Not To Investigate Oil Train Derailment In Columbia Gorge
By Tony Schick OPB/EarthFix | July 7, 2016 4:45 p.m. | Updated: July 8, 2016 9:06 a.m.
A 16-car oil train derailment caused a fire and left a small oil sheen on the Columbia River. CONRAD WILSON
The National Transportation Safety Board has responded to letter from Oregon’s senators about why it did not investigate last month’s oil train derailment in the Columbia River Gorge, saying its limited staff likely would not have gleaned any new safety recommendations from examining the incident.
The federal agency provided a 50-page response to Oregon Sens. Ron Wyden and Jeff Merkley, saying it “recognizes the impact of this accident on your constituents and understands the concerns of those affected.”
The NTSB said it did not send a team to Mosier because the incident involved no injuries or fatalities and because early information gathered from Union Pacific Railroad, first responders and the Federal Railroad Administration “indicated that the circumstances of this accident did not pose any new significant safety issues.”
Specifically, federal investigators have seen tank cars rupture before when carrying flammable liquids. Their response to the Oregon senators included a list of 23 known incidents in North America involving crude oil, ethanol or other flammable liquids.
The NTSB opened an investigation into only nine of those and has not yet closed any, according to data relased in the response.
Wyden said he will be scrutinizing whether the agency needs to increase the size of its investigative staff.
“As I keep working to build support in Congress for my bill, I will also continue to look at ways to improve oil-by-rail safety,” Wyden said. “I find it very disturbing that the NTSB did not appear to have enough resources to send an investigative team to Oregon to more closely examine the Mosier accident.”
Read: NTSB Response to Wyden, Merkley
Page 1 of NTSB-Response-to-Merkley-Wyden-07-05-2016
Contributed to DocumentCloud by Tony Schick of EarthFix
Emergency crews on June 4, 2016, found an oil sheen on the bank of the Columbia River near the site of an oil train derailment and spill in Mosier, Oregon, the day prior. AMELIA TEMPLETON
Repost from the Benicia Herald Online [Editor: For Tuesday’s comments on Valero Crude By Rail by Marilyn Bardet and Planning Commissioner and City Council candidate Steve Young, skip down to the red bullet. – RS]
Council hears about crude by rail, water infrastructure and EMS costs Tuesday
By Elizabeth Warnimont, July 7, 2016
At its regular meeting Tuesday, Benicia City Council had a busy meeting with lots of activity. First, the Council recognized the Parks and Community Services Department with a proclamation declaring July, 2016 as “Parks Make Life Better Month,” in conjunction with the statewide designation. Parks, Recreation and Cemetery Commission member Rich Payne accepted the proclamation from Mayor Elizabeth Patterson and the City Council.
The Council also confirmed Johanna Ely as Benicia’s sixth poet laureate. Ely spoke briefly about the activities and aims of the laureate program and read a selection of poetry including one titled, “Ode to the Library.”
The final item preceding the council’s consent calendar was a presentation by Assistant Public Works Director Christian Di Renzo on advanced metering infrastructure. Di Renzo provided an overview of the systems currently being considered by the city, outlined the benefits of acquiring a new, electronic metering system, and answered questions posed by the council and a member of the public.
• Public comment
Marilyn Bardet
During the public comment period, Marilyn Bardet showed the council photos of both the aftermath of the recent Mosier, Ore. train derailment and explosion as well as some of the Union Pacific track and refuse currently visible in Benicia that she felt were of concern. One photo showed piles of black powder that Bardet referred to as coke dust that has spilled from hopper cars on railroad tracks near Bayshore Road in Benicia, and one showed warped track rail near the trestle towers, among other photos of concern. Bardet pointed out that the discarded railroad ties in one photo presented a fire hazard due to their creosote content.
Bardet suggested that these items be considered for remediation.
Benicia Planning Commissioner Steve Young, candidate for Benicia City Council
Benicia Planning Commissioner Steve Young also addressed the Council, as a resident, about the June 23 preliminary findings concerning the recent Oregon crude oil train derailment.
The involved, Dot-111 tank cars, modified to 1232 standards, were equipped with full height head shields and metal jackets with insulation. These cars are commonly referred to as jacketed 1232s. During the derailment, a coupler struck one car, mechanically puncturing it. This puncture allowed crude oil to come in contact with an ignition source, leading to a fire that burned for approximately 14 hours.
The four cars involved in the fire were the punctured car and three additional tank cars, two that had their bottom outlet valves sheared off by the derailment and one car with the gasket melted out from under the manway cover.
The Valero proposal, Young pointed out, calls for the use of non-jacketed 1232 cars. These have no full-height head shields and no jackets with insulation. Another concern is the bottom release valves, a common source of ignition in derailment incidents. These valves shear off, causing a leak and then the subsequent fire. The more advanced tank cars have the valve located on top.
Young reminded the Council that Valero is proposing to buy or lease these tank cars. If safety is truly Valero’s first priority, he suggested, then the added expense of choosing safer cars would certainly seem to be worth any added expense. He asked that the Council consider these issues when it addresses the proposal again in September. He added that an even safer car, the Dot-117, will be required by federal law by the year 2020, and suggested that again, in the interest of safety, Valero might consider opting for that model.
SONET The Council approved a resolution to accept a Memorandum of Understanding (MOU) with the Solano County Sheriff’s Office regarding the Benicia Police Department hiring of a full time Sheriff’s Office Narcotics Enforcement Team (SONET) officer, who would report to the SONET sergeant. The officer’s salary would be provided by the sheriff’s office. A resolution approving the MOU was approved by unanimous vote.
First responder fee overview Benicia Fire Chief Jim Lydon presented the Council with a report on the option for the fire department to begin assessing fees for services provided by its Emergency Medical Services (EMS) team. The department would collect insurance coverage information from patients at the point of service and hand them a notice stating that they would be contacting their insurance companies on their behalf.
Chief Lydon emphasized that the department would utilize compassionate billing, which means that the insurance portion of any incurred costs would be considered payment in full, and that fees would only be assessed for services and not for transportation, which is currently provided by an outside ambulance company. He also noted that no patients would be billed directly from the fire department, regardless of their insurance coverage status.
Councilmember Tom Campbell expressed concern over the legality of the compassionate billing procedure and Chief Lydon agreed to investigate that topic further, though he noted that Bay Area cities already following that procedure have not yet encountered problems, to his knowledge.
The presentation was intended to be strictly informational. The fire department desired direction from council as to whether or not to pursue the idea, and council indicated that they should proceed.
PG&E exit fees Councilmember Alan Schwartzman provided the Council with some information pertaining to a proposal to submit a letter to the California Public Utilities Commission (CPUC) regarding the Power Charge Indifference Adjustment (PCIA) fee, essentially an exit fee, charged by Pacific Gas & Electric to customers who have switched to Community Choice Aggregation (CCA) providers such as Marin Clean Energy (MCE).
Schwartzman, an MCE board member as it happens, began by reading from the staff report accompanying the City Council agenda, a complete copy of which is available by visiting the city of Benicia web site under Agendas and Minutes, or by calling the city at 746-4200. Schwartzman’s reading is paraphrased here:
MCE has requested that the city of Benicia submit a letter to the CPUC regarding the PCIA charge increase. The CPUC has consistently denied adequate public input to discuss the fee. Earlier this year, PG&E increased this fee by 95 percent. The proposed letter asks the CPUC to provide a venue for public input. The charge is assessed by PG&E on a per-kilowatt basis to cover power generation costs acquired prior to a customer’s change in service provider.
Schwartzman explained that PG&E procures energy based on anticipated need, so that when customers switch away from PG&E, the company is left with the cost burden of the energy it has already acquired, without corresponding reimbursement from customers.
The CPUC approved the increases at a public meeting, but without allowing CCAs access to the data they would need in order to effectively predict the amount of the fee, information which they would like to be able to pass along to their customers. All CCAs are currently working with the CPUC and Investor-Owned Utilities (IOUs), in order to inform customers how the PCIA fees are calculated and to remain cost competitive.
MCE is asking the city of Benicia to request that the CPUC allow a workshop for public input in order to fairly deal with the PCIA fee.
A motion to approve the submittal of the letter was approved by unanimous vote.
More information A complete copy of the meeting agenda is available at the city of Benicia website at ci.benicia.ca.us or by calling the city at 746-4200. Minutes of the meeting are typically available about two weeks after the date of the meeting. The next City Council meeting will take place Tuesday, July 19 at Council Chambers, City Hall, 250 East L St., beginning at 7 p.m.
It was a few days after my wedding. I was supposed to be honeymooning at a nearby winery with my newly minted husband, celebrating our unlikely marriage at age 55.
Instead, I was sitting on the railroad tracks in the pouring rain. Along with 20 other brave souls, some weeping, some singing, I was facing down a locomotive in a town — Vancouver, Washington — that many fear will be forced to accept the largest oil-by-rail terminal in the country.
Why would anyone do something like that?
Because a few short days before, we’d watched in horror as a mile-long train filled with Bakken crude derailed in Mosier, Oregon and burst into towering flames.
We call these oil trains “bomb trains” because we know, with one tiny loose bolt, they can erupt into an inferno, scorching everything for miles. It happened in Lac-Megantic, Canada in 2013. Forty-seven people were killed in a matter of minutes, the town leveled when a train’s brakes failed.
Mosier oil train protest (Photo: Deva 2016)
In the aftermath of the Mosier derailment, local fire chief Jim Appleton, who was originally unwilling to condemn oil trains, was beginning to sound more and more like one of us: “I think it’s insane” to ship oil by rail, he told a reporter. “Shareholder value doesn’t outweigh the lives and happiness of our community.”
And yet shareholder value is outweighing the lives and happiness of communities all over the world. I live in the “blast zone” less than a mile from tracks that ply this dangerous cargo here in the Pacific Northwest. And millions of people, most of them on the other side of the world, are already feeling the heat.
More bomb trains, after all, mean more climate change. Rising temperatures mean dangerous weather patterns, like the floods that recently killed hundreds in Pakistan and China.
Meanwhile, ExxonMobil, whose scientists knew as early as the 1960s that catastrophic climate change would ensue if they didn’t change course, has invested in climate denial in order to maximize their shareholder value, counting on us to not connect the dots.
I grew up in India. I can see the faces of friends and loved ones on Facebook enduring record heat and flooding there. So if the trains wouldn’t stop coming, I figured, I’d put my body on the line in Vancouver. If I went to jail, I hoped my husband would forgive me for skipping out on our first big date as newlyweds.
The riot police were beginning to gather, and the railroad’s private police were issuing their warnings while hundreds chanted nearby. Not wanting to lose valuables in jail, I gave my wallet, cell phone, and wedding ring to a friend.
Then they hauled us off, one by one, in plastic handcuffs like tiny angel’s wings behind each protestor’s back. They put the 13 women — as young as 21 and as old as 85 — in one cell and the eight men in the other.
Seven hours later, as we were released from our windowless cage into the beautiful summer evening, I felt an unspeakable gratitude to my cellmates and those who awaited us outside.
Should we go to trial, many of us will be arguing we did this out of necessity, in order to prevent a far greater looming evil — of being incinerated in our sleep, of doing nothing to stop this deadly fossil fuel cargo while hundreds of thousands of people die each year from floods, disease, malnutrition, and heat stress due to climate change.
Call me crazy, but we might just win this one. And in so doing, we’ll send a very strong message to the oil companies that threaten us all that they must end this madness.
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