Category Archives: Derailment

Benicia Independent, Crude By Rail, Derailment, Federal pre-emption, Public Comment, Public permitting, Revised Draft EIR (RDEIR), Valero Benicia Refinery, Valero Crude By Rail

Public speaks on Valero project

Repost from the Vallejo Times-Herald

Public comments on Valero Benicia Refinery’s proposed project

By Irma Widjojo, 09/30/15, 6:14 PM PDT
Andrés Soto, spokesperson for Benicians for a Safe and Healthy Community, wears his sentiments on his T-shirt, as he speaks in opposition to a proposed Valero Crude-by-Rail project at a public comment hearing on the project’s Revised Draft EIR at a special Benicia Planning Commission meeting at City Hall. MIKE JORY — TIMES-HERALD

Benicia >> In a special meeting that drew a large crowd Tuesday night, the Benicia Planning Commission received comments from concerned citizens on recently distributed documents on Valero’s proposed Crude-by-Rail project.

Many of those supporting the project wore a sticker on their clothing indicating their approval, while some of those opposing the project wore pins, brought signs and sported a sunflower — a symbol of environmentalism — at the Benicia City Council Chambers at City Hall.

The meeting, which began at 6:30 p.m. and lasted until about 10 p.m., was an opportunity for the public to submit verbal comments on the Revised Draft Environmental Impact Report, or RDEIR, of the project. Those who could not get a seat in the chambers, which has a 120-person capacity, were asked to wait for their turn to speak in an overflow room.

The RDEIR concluded that the project would cause “significant and unavoidable” impacts to air quality, greenhouse gas emissions, biological resources and hazards and hazardous materials. However, the report also adds “potential mitigation measures to reduce these new impacts would be preempted by federal law.”

A few speakers who were concerned with the project took issue with the federal preemption mentioned in the report. Federal preemption means federal laws displace state or other local laws.

“It has become a justification for the lack of mitigation,” Benicia resident Roger Straw said. Straw also is the editor of the online publication The Benicia Independent, which disseminates articles and information regarding crude-by-rail and Valero refinery.

Another Benician, Judith Sullivan, said “preemption makes it sound like we don’t have any choices.

“But grassroots efforts like this have been pushing the federal government to enact new environmental laws,” she said.

Representatives from Valero Benicia Refinery and Union Pacific, which would operate the railroad used for the trains hauling crude if the project is approved, also spoke during the meeting.

“This process has forged into a new territory and goes beyond what CEQA (California Environmental Quality Act) requires,” said Don Cuffel, Valero Benicia Refinery’s lead environmental engineer.

An attorney working with Valero on the application called the process “out of control.”

“We’ve lost sight of the city’s discretion,” said attorney John Flynn. The RDEIR, released Aug. 31, came after an outpouring of feedback from the public on the Draft Environmental Impact Report last year.

Valero Benicia Refinery applied for the permit for the project in early 2013.

If the project is approved, Valero 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, officials said.

Concerns voiced on Tuesday about the RDEIR included conflicting information, conclusions based on assumptions and lack of details, among others.

Though the commission reminded the public that the comments should be limited to the redistributed report, instead of about the project in general, not everyone heeded the reminder.

“Valero is a powerful oil company that provides most revenue to this town,” a speaker said. “Are you going to let them get richer on the expense of the health and well being of the residents?”

Many supporting the project said Valero has “gone above and beyond” in the process to ensure the project’s safety, and called Valero a “good neighbor.”

However, that was not good enough of a reason for those in opposition.

“While Valero has been a good neighbor, we can’t be held hostage by what they have given generously to our city,” Anina Hutchinson said.

They also brought up issues about increased greenhouse gas emission, chance of derailment while carrying volatile crude and destruction of the environment in the area of the railroad.

Herbert Forthuber told the Times-Herald he supports the project because Valero is a major financial revenue for the city.

“I’ve seen in the past that when it’s not economically viable anymore for (a refinery) to be in a city, they close down,” Forthuber said, adding that it would be a blow for the local employees and other local businesses that depend on the refinery.

Forthuber is the vice president and general manager of a local business that repairs industrial machineries.

“The RDEIR really hasn’t changed my mind,” he said. “I’m more economically minded, and I care about the impact it would have for people who work for me.”

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.

All of those who were present Tuesday were given an opportunity to speak, and the remaining three special meetings for this purpose have been cancelled.

Comments on the report may still be submitted in writing no later than 5 p.m. on Oct. 30.

Written comments should be submitted to amillion@ci.benicia.ca.us or Principal Planner Amy Million at the Community Development Department. For further information about the revised environmental report, contact Million at 707-746-4280.

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

Following the end of the comment period, a final Environmental Impact Report will be released to the public.

During the meeting, Million said staff estimated Planning Commission hearings will be held in January for the commission to certify the report and whether to grant Valero the use permit for the project.

Benicia Planning Commission, Crude By Rail, Derailment, Explosion, Local Regulation, Public permitting, Revised Draft EIR (RDEIR), Valero Benicia Refinery, Valero Crude By Rail

Benicia Planning Commission – no more hearings for now

Repost from NBC Bay Area
[Editor:  IMPORTANT NOTICE: All speakers present were heard at the Tuesday, September 29 Planning Commission hearing, so previously scheduled additional hearings are now cancelled.  There will be no Planning Commission hearings on Sept. 30, Oct. 1 and Oct. 8.  Your comments on Valero’s Revised DEIR can be submitted in writing until October 30, 2015 – more info on sending written comments here.]

Residents Raise Concerns Over Valero’s Proposed Crude Oil By Rail Through Benicia

By Pete Suratos, September 29, 2015


A proposal to transport crude oil by rail through Benicia is not sitting well with residents, who came out in full force to a Tuesday night city planning commission meeting to discuss it.

The chances of the trains being derailed and something disastrous occurring is why residents are concerned with the proposal. Those who oppose the plan have until the end of October to let the city and Valero know their concerns.

During a special session at city hall late Tuesday, Valero pitched its crude-by-rail project to a packed house.

If approved, the refinery can receive up to 70,000 barrels of crude oil per day by rail, instead of by ship. The route would begin in Roseville and end at the refinery. In addition, the route will not replace the crude currently received through pipeline.

Valero said the use of rail is the only way to get the oil.

“The crude that we bring in by rail would offset the crude we bring from foreign sources that we bring by ship,” said Chris Howe of Valero.

The proposal, for resident Christine Caulder, is a risky proposition. Caulder attended Tuesday’s meeting and spoke as a concerned parent.

“When the air is so toxic you can’t go outside, I really can’t go to their school or I’m worried who’s sick or who’s not,” she said.

No actions on the project were taken by city leaders on Tuesday. Three more public hearings are scheduled — one on Wednesday and two more in October.  [CORRECTION: All speakers present were heard at this hearing, so previously scheduled additional hearings are now cancelled.  – RS]

Crude By Rail, Derailment, Public permitting, Rail infrastructure, Revised Draft EIR (RDEIR), Valero Crude By Rail

LETTER: The New Revised DEIR (ho hum)

LETTER: The New Revised Draft Environmental Impact Report

By Jim Kirchhoffer, September 28, 2015

The title alone is enough to make a casual reader turn on football or a cooking show. The new report, after an outcry from our local citizens, is just as numbing and distortive as the first one.  It will be open for discussion on Tuesday, September 29.

At the meeting last year, I offered a request for details on how the figure for potential rail disasters of .001 % was computed.  It was also stated as one potential derailment every 111 years!

This particular statistic was picked up by the national and state press and others, to the confusion of all.  Since I represent no one of any importance, I was not surprised to see it was not addressed in the new report. The new  report does, however, admit to 4 oil train bomb derailments events this year.  I think there have now been five. Irreguardless, as we say back in Indiana, that’s a jolly big difference from one every 111 years or .001%!

Do they really think we’re that stupid ? I guess so.

In other words, fellow readers and citizens, the new report as well as the first report is a rigged, crafted, professional snow job to sell us a bill of goods.

Valero paid for it. That’s the way the process works.  And they sure got their money’s worth!  Yes Valero is a very good neighbor.  They fund many local activities, and put up, I understand, 25% of our town’s budget. But what is the core of the deal?

Valero wants to cut half of the marine crude that comes in to receiving that same amount by train. See, no increase in oil we refine at all, just this switch in transportation. What’s the problem with that?

Why are they so eager ?

Well, as a local friend reminds me, “Follow the money”. There is fantastic profit in Bakkan crude, and the only way to get it to Benicia is by rail.  In cars that explode in derailments into massive fires that firefighters have to let simply burn out. Which cars can not be replaced for several years, at best. On rail lines that transverse some of  our most beautiful and treasured waterways. And in the southern Nevada route–one of three ways into the state–the report itself reveals that 82% of that rail line has rails that are on the 3-4 scale, verses the 4-5 that Amtrak and the rest of Union Pacific use.  And we have no power or control over which line Union Pacific uses.

Valero wants to make a lot more money.  Nothing wrong with that.  In fact that’s their legal mandate; increase profit for their shareholders. If the CEO doesn’t, the Board of Directors fires him. That’s the way the game is played.

And the way we play the game is to reject the Environmental Report.  It is a farce, and if you have read either or both, you will see that right away. The only way to get this terribly dangerous crude oil away is to stop Valero from changing their current transportation procedure. Before this plan of Valero, there were no complaints.  No rally’s and demonstrations and hundreds of people crowing into Council chambers to protest.

Valero can go on just as they have been doing, which seems to have been working well for them. We can go on feeling safe in our homes and town. Do we really want 2 (two) 50 tank car trains per day rolling into Benicia each and everyday ?

I think not.  What’s in it for us ?  Hope you can come to the meeting on Tuesday, September 29.

Jim Kirchhoffer
Benicia, California
Air Quality, Benicia Climate Action Plan, California Environmental Quality Act (CEQA), Cap-and-trade, Crude By Rail, Derailment, Explosion, Greenhouse gas emissions, Oil spill, Rail accidents, Valero Benicia Refinery, Valero Crude By Rail, Valero Energy Corporation

VALLEJO TIMES-HERALD LETTER: Valero is NOT good neighbor!

Repost from the Vallejo Times-Herald

Valero is NOT a good neighbor!

By Rebekah Ramos, September 25, 2015

Valero’s self-proclaimed “Good Neighbor” status is laughable when you begin to peel back the onion and remove the layers of misinformation (or missing information) and reveal the same flavor of corporate propaganda and fearmongering that is used to hold small communities hostage.

There are hidden costs to having Valero as a neighbor that you may not be aware of.

Valero says the City of Benicia is losing more than $360K per year in revenue because of delays in approving their crude by rail project, which could get us 4 new police officers.

Valero DOESN’T say…

    • CEQA (California Environmental Quality Act) is a law that requires due diligence to properly evaluate environmental impacts and most importantly, inform the public of those impacts. City staff initially attempted to push this project through, under the radar, and without LITTLE public notification – skirting the law. Had it not been for a group of alert citizens bringing this to the public’s attention Valero would have gotten away with implementing a project that would have enormous ramifications to our health, safety, and economic viability, not only in our community, but every community along the rails.
    • Our personal safety is NOT at risk because we are short on police officers, it’s at risk because transporting highly volatile crude oil by rail is extremely risky business. More than 17 major oil train accidents have occurred in the last 24 months resulting in explosions, spills, and derailments.

Valero says they contribute 25% to Benicia’s general fund.

Valero DOESN’T say…

  • That number is actually 20% AND it doesn’t reflect the millions that Valero has taken away from the city’s coffers in recent years.
  • The City of Benicia was forced to pay Valero $2.3 million because Valero filed an appeal for a reduction in its property value from $1.02 billion to $230 million and $964 million to $100 million in 2012 and 2013 respectively despite climbing profits and gas prices since 2010. Benicia loses $2.3 million AND any on-going revenue generated from Valero’s property taxes. How many police officers do you think $2.3 million get us?

Valero says the crude by rail project will reduce air emissions and decrease greenhouse gases. In addition, they say they are entitled to $57million in emission reduction credits because of improvements made to the refinery.

Valero DOESN’T say…

  • The recirculated EIR for their crude by rail project specifically states that there will be significant increases in air emissions and greenhouse gases.
  • Valero has received dozens of notices of emissions violations nearly every single month of 2014 and 2015 including a violation for Benzene.
  • Valero has failed to install any publically accessible emissions monitoring equipment despite their pledge to do so since 2008.
  • Emission reduction credits would allow Valero to increase their emissions for new projects, sell or trade their credits to other polluters. Because of Cap and Trade legislation, big polluters in our own backyards get to pollute even more.
  • According to the EPA, Valero is the biggest polluter in Solano County, contributing 82% of all toxic releases in 2013. Data for 2014 and 15 is not available.

Valero is desperate to turn a profit and will use whatever means is necessary – squeeze money from the city coffers, pollute our environment, and put our lives at risk – to satisfy the short-term interests of their shareholders. They even threaten to lay people off or sell the refinery if the city doesn’t comply.

We can’t let one business keep our community in such an economically vulnerable situation. The City of Benicia has adopted a Climate Action Plan, but can’t seem to address THE REAL CLIMATE ELEPHANT IN THE ROOM, which is Valero. It’s time that serious action be taken to seek out and invite other, more sustainable industries to our city because Valero is NOT a Good Neighbor!