Category Archives: Environmental review

Oil industry desperate: claims oil spills are good for wildlife and the economy

Repost from Hazmat Magazine

Testimony Implies Oil Spills Are Good For Wildlife and the Economy

By J Nicholson, August 11, 2016

As reported in thinkprogress.org, the Washington State Energy Facility Site Evaluation Council (EFSEC) has been holding hearings on the matter of a proposed oil-by-rail terminal that could be built in Vancouver, Washington.  If approved, it would be the largest oil-by-rail facility in the country, handling some 360,000 barrels of crude oil, shipped by train, every single day.  It would also greatly increase the number of oil trains that pass through Washington, adding a total of 155 trains, per week, to the state’s railroads.

Environmentalist activists worry that an increase in oil trains could lead to an rise in oil train derailments, like the kind seen in early June when a Union Pacific train carrying Bakken crude derailed outside the Oregon town of Mosier, spilling 42,000 gallons of oil near the Columbia River.

But according to witnesses that testified before the EFSEC on behalf of Vancouver Energy – the joint venture between Tesoro Corp. and Savage Cos. and the entity behind the Tesoro-Savage terminal proposal – oil spills might not actually be that bad for the environment.

“The Draft Environmental Impact Statement identifies many economic impacts arising from an accident associated with Project operations, but fails to recognize economic activity that would be generated by spill response,” Todd Schatzki, vice president of Analysis Group — a consulting group that released an economic report on the terminal commissioned by Tesoro Savage — wrote in pre-filed testimony.  “When a spill occurs, new economic activity occurs to clean-up contaminated areas, remediate affected properties, and supply equipment for cleanup activities. Anecdotal evidence from recent spills suggests that such activity can be potentially large.”

Schatzki’s pre-filed testimony also includes references to both the Santa Barbara and BP oil spills’ role as job creating events.  He notes that the Santa Barbara oil spill created some 700 temporary jobs to help with cleanup, while the BP spill created short term jobs for 25,000 workers.  Schatzki does not mention that BP has paid individuals and businesses more than $10 billion to make up for economic losses caused by the spill.  Nor does he mention that California’s Economic Forecast Director predicted that the 2015 Santa Barbara oil spill would cost the county 155 jobs and $74 million in economic activity.

For the Columbia River region, the impacts of an oil spill could be equally economically devastating — a report from the Washington Attorney General’s office found that an oil spill could cost more than $170 million in environmental damages.

Keystone Pipeline (Credit: cfact.org)

Schatzki also argued that an oil spill would not necessarily have a large impact on commercial and recreational fisheries.  The Columbia River, which cuts between Oregon and Washington and borders much of the oil-train route, is one of the most important fisheries for both states.  In 2015, the total economic value of Columbia River salmon was $15.5 million, according to the Oregon Department of Fish and Wildlife.

Those fisheries, however, would not necessarily be impacted by an oil spill, Schatzki argued, because fishermen would simply avoid the areas where the spill had taken place, moving their operations elsewhere.  During cross examination, however, Schatizki said that he did not look at other fishermen’s responses to oil spills when crafting this analysis, nor did he specifically look at the length of fishing seasons or the geographic extent of various fisheries within the Columbia River.

In testimony given on July 7th, another Tesoro-Savage-associated witness, Gregory Challenger, argued that oil spills could actually have benefits for fish and wildlife.  Challenger, who worked with Vancouver Energy to analyze potential impacts and responses in the event of a worst-case discharge at the facility and along the rail line, told the committee that when oil spills cause the closure of certain fisheries or hunting seasons, it’s the animals that benefit.

“An oil spill is not a good thing.  A fishery closure is a good thing.  If you don’t kill half a million fish and they all swim upstream and spawn, that’s more fish than were estimated affected as adults,” Challenger said during his testimony.  “The responsible party is not going to get credit for that, by the way.”

 To prove his point, Challenger cited National Marine Fisheries Service data that showed that 2011, the year after the BP oil spill, had been a record year for seafood catch in the Gulf of Mexico.  And while that’s true, Shiva Polefka, policy analyst for the Center for American Progress’s Ocean Policy program, cautioned against trying to make sweeping statements for how all ecosystems would respond to an oil spill.  Following the Exxon Valdez spill in 1989, researchers discovered that crude oil had soaked into the rocky beaches near the spill site, emitting toxic compounds for years that had long-term adverse impacts on salmon and herring populations.

“Does cutting fishing effort benefit fish?  Absolutely,” Polefka said.  “Enough to mitigate the horrible effects of large oil spills in every case?  Absolutely not.”

During his testimony, Challenger also brought up the Athos 1 oil spill, which sent 264,000 gallons of crude oil into the Delaware River in 2004.  The spill, Challenger said, took place during duck hunting season, and forced an early closure for recreational hunting in the area.

“There were an estimate of 3,000 birds affected by the oil, and 13,000 birds not shot by hunters not shot by hunters, because of the closed season,” he said.  “We don’t get any credit for that, but it’s hard to deny that it’s good for birds to not be shot.”

According to U.S. National Oceanic Atmospheric Administration (NOAA), seabirds are especially vulnerable to oil spills, because of the way that oil affects their usually-waterproof feathers — when those feathers become matted with oil, a seabird loses its ability to regulate its temperature.  Often, it will try to preen itself to remove the oil, which only forces the oil into its internal organs, causing problems like diarrhea, kidney and liver damage, and anemia.  Oil can also enter into a seabird’s lungs, leading to respiratory problems.

Opponents of the terminal were quick to dismiss Schatzki and Challenger’s testimony as “hollow,” especially in the face of the recent derailment and oil spill in Mosier.

oil spill07“We see Tesoro moving towards these more desperate arguments to try to downplay the risk of the project,” Dan Serres, conservation director with Columbia Riverkeeper, told ThinkProgress. “It’s hard to imagine that EFSEC will buy the argument that oil spills pose anything other than a grave risk to the Columbia River estuary.”

Following the EFSEC hearings, the committee will submit a recommendation to Washington Governor Jay Inslee to approve, conditionally approve, or deny the project.

Letter: Bay Area Air Board needs to step up for cleaner air

Repost from the Vallejo Times-Herald

Where our mayor, supervisor stand

By Michelle Pellegrin, 08/04/16, 4:09 PM PDT

There are 24 people in the Bay Area with the power to regulate the air we breathe. Their decisions cause or reduce asthma, cancer and other illnesses that can and have resulted in death.

This regional board has so much power to affect peoples’ lives and deaths, yet most people haven’t even heard of this agency with the unwieldy name: The Bay Area Air Quality Management District — or BAAQMD.

The 24 members of this board — which includes Vallejo Mayor Osby Davis — have a mandate to protect public health.

The neighborhoods around the refineries have suffered severe health effects from emissions. The 2012 Chevron toxic explosion and fire in Richmond sent more than 15,000 people to the hospital, which is now closed. A broad coalition of Bay Area groups would like to see refinery emissions, which have continuously gone up for the past 20 years, capped and then methods found to reduce harmful emissions. The first step in this process is an Environmental Impact Report (EIR).

On Wednesday, July 20, after four long years and several refinery incidents, the board, in a room with standing room only, was to vote on this. What appeared as a simple slam dunk became a political football between clean air advocates and Big Oil.

Bay Area refineries have been preparing to process heavier dirtier crudes, which will increase emissions and their diseases. The wave of Crude By Rail (CBR) of proposed projects, such as the Valero Benicia CBR project, are designed to facilitate the importation of extreme crudes, such volatile oil from the Bakken fields and volatile heavy crude from the Canadian Tar Sands.

BAAQMD staff, in what can only be seen as another move to interminably delay implementing modern and necessary emission standards on Bay Area refineries, supported combining the simpler refinery emission cap EIR with a complex EIR on toxic chemical emissions for up to 900 businesses.

Bay Area refinery corridor communities and their allied cities want the EIRs to be conducted separately, as the EIR on refineries can be done much more quickly than the more complex toxic chemical EIR because it requires no infrastructure changes. They want answers and relief from the constant health problems they are suffering.

And here is where our mayor stepped in to show his stripes. Davis, just recently appointed to the board, gave a critical speech supporting combining the two EIRs. Who would have thought the BAAQMD’s newest member would have such sway with the board?

Anyone with respiratory health problems or cancer can give a big round of applause to our mayor and Solano County Supervisor Jim Spering, who made the motion to combine the two EIRs. We in Solano County have the dubious distinction of having the most anti-public health, pro-corporate members on the board.

Even the Contra Costa appointees where four of the five refineries are located weren’t as instrumental as the Solano reps in pushing for the delay of this most important EIR.

Luckily, other board members did uphold their duty to the public’s health and a compromise was reached. The EIRs will be combined but if they become bogged down then they will be separated out. In addition, and a very important one from the public’s point of view, there will be citizen oversight of the process.

The irony here is that this is a false dichotomy. Big Oil will keep functioning and we need them for those cars we drive. These companies provide jobs and add to our economies. But it is no longer legitimate to trade health for jobs. It is an outmoded model and has no place in deciding public policy. It is no longer acceptable for companies to dominate local economies and the policies of the people in those communities where they are located.

Big Oil has known for years that this is the direction things are moving. A 2014 article in the San Jose Mercury News notes the refineries are already working on improving their systems in anticipation of processing the dirtier and volatile oil from outside California.

As Tom Griffith, head of the Martinez Environmental Group back in 2014 stated, “The missed opportunity here is for the oil companies to refocus their sights on the future of renewable energy.”

We should be working together to improve public health. The corporate stranglehold on such important regional boards must end. Citizens need to be attend BAAQMD board meetings and provide input on upcoming board decisions for this to happen. The next meeting is Wednesday, Sept. 21, at 9:30 a.m. at the BAAQMD headquarters at 375 Beale St. San Francisco.

And here in Vallejo we need to do the same and be more engaged. We have seen the result of complicity between politicians and corporations that excluded public input: The absurd notion of putting a cement factory in a residential area with its disastrous public health consequences. Don’t let Mayor Davis and his cronies put our community in harm’s way. Say “no” to the Orcem/VMT cement plant and don’t vote in November for any candidate who supports it!

— Michelle Pellegrin/Vallejo

ENDORSEMENT: Don Saylor for California Assembly (with appreciation for Dan Wolk)

Editor:  The Benicia Independent endorses Don Saylor of Davis for Assembly District 4 this November (Don Saylor.org). Lynne Nittler’s letter speaks for me – see below. Another good candidate, Davis Mayor Dan Wolk, has expressed strong concerns about oil train safety and joined with the Davis City Council in opposing crude by rail, but has not risen to the level of diligence, outreach and follow-through that Mr. Saylor has shown on Valero’s proposal (DanWolk.org).  Many thanks to both for their efforts.  – RS

Yolo County Supervisor Don Saylor for California Assembly, District 4

By Lynne Nittler, in her email of May 15, 2016
Don Saylor for California Assembly District 4
Don Saylor for California Assembly District 4

Yolo County Supervisor Don Saylor stands out as an uprail public official committed from early on to stopping the dangerous transport of crude oil through our natural habitat and populated areas.  He wasted no time in directing his staff to research and compose a letter insisting that uprail concerns had to be addressed in the EIR.  On the draft EIR, Yolo County wrote a second letter detailing the impacts of the unsafe oil trains, and when the response was inadequate, added a third letter response to the revised draft EIR.

Meanwhile, as President of Sacramento Area Council of Governments (SACOG), Don Saylor also led the 22 cities and 6 counties of SACOG to respond to the regional threat of oil trains with a series of hard-hitting letters during the EIR process.

His deep concerns even took him to Washington DC where he conferred with our local Congressman John Garamendi on stabilizing crude at the loading site as perhaps the only acceptable method of making the Bakken crude safe to transport by rail.

Don continues to monitor the volatile issue closely, as 500,000 of the 2.4 million SACOG residents live at risk in the blast zone.   Most recently, he took time to testify before the Benicia City Council in hopes of convincing them of the enormous impacts to uprail communities and to our state.

We are fortunate to have such a diligent public official.  While an independent PAC of outside oil corporations including Valero as well as other PACS have intruded with huge campaign contributions to one candidate for the District 4 Assembly race (including Lake and Napa Counties, most of Yolo County, and part of Colusa, Solano, and Sonoma Counties ), Don Saylor has not been chosen for such outside support.

If elected, we can count on Don to work and vote as he always has for programs that benefit our region.  Don Saylor will continue to keep a watchful eye on oil trains if he is elected to the CA Assembly.

Benicia City Manager leaving to take post in Martinez, CA

By Roger Straw, April 30, 2016

City Manager Brad Kilger oversaw Valero Crude By Rail proposal, not sticking around for outcome

Brad Kilger, City Manager of Benicia, 2010-2016
Brad Kilger, City Manager of Benicia, 2010-2016

In Benicia’s Council/Manager form of government, there is no more powerful person than the City Manager.  The Mayor and City Council supposedly run the city, and they do make the final decisions. Some decisions are also made by Commissions, but the real power in Benicia is the city manager.

The CM presides over staff, and staff guides every decision of our elected and appointed officials, making recommendations and consulting with officials outside of public meetings. For instance, the city manager works with the mayor in setting the agenda for every Council meeting.

Brad Kilger was hired as Benicia’s city manager in 2010, and has overseen the Valero Crude By Rail (CBR) proposal from the start. Outwardly, CBR has been routed through the City’s Community Development Department and its Planning Division. Those offices have undergone personnel changes during the lengthy 3½ year Valero process, but Mr. Kilger has remained in charge throughout.

Kilger is due to begin work in Martinez on June 13, leaving only 6 weeks to finish up here in Benicia. As of this writing, no word has been released as to Kilger’s final day in Benicia. Nor have details been given about his rather sudden departure.

Getting out of dodge before a decision on CBR may very well be a smart career move. Everyone expects litigation, which would be any manager’s nightmare, and a loss either way could be expected to leave a blemish on his professional profile.

Kilger was welcomed to Benicia by Council members and citizens in 2010 as a promising new presence, bringing credentials and commitments that offered hope in the area of environmental sustainability. Indeed, his tenure has seen numerous advances on that front. But many of those advances can be credited primarily to the leadership of Mayor Elizabeth Patterson and the Community Sustainability Commission.

City Council during Kilger’s time in Benicia has often been contentious. Collegiality has often been wanting among Council members, and the public has come into fierce conflict with staff over staff’s seemingly blind support for Valero’s CBR proposal.

The City will no doubt bring in an interim. No telling how long the interim will be in charge, but it seems highly likely a permanent replacement would not be in place until January 2017, after elections, and under the authority of a new City Council.

It seems likely the City Council will face a decision on Valero CBR in September with a new and possibly untested interim city manager. If the delay for review by the federal Surface Transportation Board results in a re-write and recirculation of the environmental report with attendant written comments and lengthy public hearings, it could be a real handful for whoever is in charge.

It may be a real challenge locating a qualified candidate who is willing to step in at this critical moment in Benicia’s history.