Category Archives: Explosion

ROGER STRAW: STOP Valero’s dirty and dangerous Crude By Rail proposal

By Roger Straw, April 13, 2016
[Editor: The following article was submitted to the editor of the Benicia Herald, referencing recent pro-Valero letters published there.  – RS]

STOP Valero’s dirty and dangerous Crude By Rail proposal

The latest flurry of pro-crude-by-oil letters published in the Benicia Herald contained unwarranted attacks on local opponents of Valero’s Crude By Rail project. The claims were false, self-serving and blind to the factual realities of pollution and safety hazards that should result in denial of Valero’s proposal.

On Sunday, Valero employee John Lazorik attacked opponents repeatedly, discounting the public’s legitimate fear of increasing pollution and catastrophic explosions, referring to the overwhelming opposition as “irrelevant,” and claiming to know that our motivations are impure. In four different sections of his full page letter, he dismissed and belittled the tireless work of Planning Commissioner Steve Young, writing off his probing questions and detailed inquiry as “soundbites” and calling him a “ringleader for promoting disrespect.” Mr. Young respectfully disagreed with staff, pointed out the fatal flaws of the environmental report and disagreed with arguments that would weaken the City’s ability to provide for the public’s health and safety. All five of the other Planning Commissioners studied the documents, heard testimony, and offered their own similar critiques, resulting in a unanimous vote against the project. Benicia Herald readers – and our City Council – should read Mr. Lazorik with a pretty big dose of skepticism.

On Wednesday, Valero employee Duayne Weiler wrote that “90 percent of the negative pushback by mostly those outside of Benicia has been on rail traffic outside the refinery.” This is simply not true – on two counts. Just look at the 1200 Benicia residents’ signatures on a petition and listen to the testimony of 32 Benicia residents who spoke opposing the project at last weeek’s hearings. LOCAL Benicians began organizing to oppose Valero’s dirty and dangerous project in 2013. I was there – I’m one of the small group of Benicia friends who gathered to discuss it in March of that year, and who have persevered. Secondly, note that we have ALWAYS focused on pollution as well as explosive derailments, and have ALWAYS pointed out local onsite hazards as well as uprail hazards. Our local efforts were joined later on by outside forces who care about their communities and a healthy climate. The presence and testimony of outsiders is something I am personally grateful for and proud of. Our local work has been proven and strengthened by the voices of residents, experts and officials in Sacramento, Davis, the Bay Area, throughout California and beyond.

In another letter on Wednesday, John Potter wrote of “vitriol and fabrications that have been a part of this…process.” When a permitting process as profoundly significant as this one goes public, there are bound to be raised voices and individuals who transgress the bounds of civility – on both sides. But to characterize the entire opposition to Valero Crude By Rail in this way is to play dirty politics. The work of local organizers has been studious, detailed, fact-based and direct.

Mr. Potter concludes with a statement supporting the oft-repeated and as yet unsubstantiated claim that City Council may not consider issues beyond Valero’s borders due to federal law. Opponents have indeed raised serious questions about uprail impacts, as has the environmental report. There are, however, enough significant local, onsite hazardous impacts to allow Council to withhold a permit. To deny the project based on these onsite issues would indirectly protect our uprail neighbors from the pollution and catastrophic risks associated with Valero’s proposal. We believe that the City’s supposed inability to consider railroad hazards beyond Valero’s border could itself be considered an important reason to deny the permit.

Everyone should plan to attend next Monday’s City Council meeting, 7pm at City Hall. Anyone who has not yet spoken may do so at that time. And our silent presence will stand as a strong signal to Council members to do the right thing: STOP Valero’s dirty and dangerous Crude By Rail proposal.

Roger Straw
Benicia

SIERRA CLUB: Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

Repost from Sierra Club – The Planet

Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

By Elly Benson, staff attorney with the Sierra Club’s Environmental Law Program, April 6, 2016
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.

On April 4, scores of concerned Californians converged on Benicia City Hall to urge the city council to reject Valero’s plan to transport volatile crude to its Bay Area refinery in dangerous oil trains. In February, local planning commissioners unanimously rejected the proposal, which would send two 50-tanker oil trains through California communities each day. Valero appealed that decision to the city council. Given the intense public interest in the crude-by-rail project, the city council has scheduled four public hearing dates this month.

Before Monday’s city council hearing began, opponents of Valero’s dangerous plan held a rally in front of city hall. Rally speakers included Berkeley City Councilmember Jesse Arreguín and Andres Soto of Benicians for a Safe and Healthy Community, as well as a local business owner and a senior scientist from Communities for a Better Environment, an environmental justice organization. Benicia residents were joined by members of “up-rail” communities (including Sacramento and Davis) who would be endangered by the oil trains rolling through their cities and towns on the way to the Valero refinery. Oil train derailments and explosions have skyrocketed in recent years — including the July 2013 derailment in Lac-Megantic, Canada that killed 47 people and obliterated several city blocks.

Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.
Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.

Inside the city council chambers, public comment began with testimony by a series of elected officials and agency representatives concerned by the risks posed by Valero’s oil train project. Speaking on behalf of the Sacramento Area Council of Governments (which represents six counties and 22 cities), Yolo County Supervisor Don Saylor urged the Benicia City Council to consider impacts on up-rail communities, including the 260,000 people in the Sacramento region who live within a quarter-mile of the railroad tracks. A representative from the Sacramento City Unified School District noted that 17 schools in the district are within the “blast zone” that would be put at risk by explosive oil trains on the railroad tracks. Other speakers included Berkeley Vice-Mayor Linda Maio and representatives testifying on behalf of up-rail air quality management districts, the City of Davis, and State Senator Lois Wolk.

After the elected officials and agency representatives spoke, residents of Benicia and up-rail communities voiced their concerns about the severe public health and environmental risks posed by Valero’s proposal. Although a few people expressed support for the project, the majority opposed it. Benicians for a Safe and Healthy Community presented the city council with a petition — compiled along with the Sierra Club, Stand, CREDO, Center for Biological Diversity, and 350 Sacramento — with 4,081 signatures of people opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.

In addition to urging the Benicia City Council to uphold the permit denial, many speakers urged the council to reject Valero’s request to delay the appeal process. At a city council meeting last month, Valero unexpectedly asked the council to put the appeal on hold while the company seeks a declaratory order from the federal Surface Transportation Board regarding the scope of the legal doctrine of preemption. Valero has insisted that federal regulation of railroads means that Benicia is prohibited from considering the project’s impacts on communities and sensitive environments along the rail line (including derailments, oil spills, and explosions).

At the Benicia Planning Commission hearings in February, attorneys from the Sierra Club, Natural Resources Defense Council, and the Stanford Law School clinic refuted this expansive interpretation of the preemption doctrine, and the commissioners ultimately rejected Valero’s interpretation as overly broad. Notably, the California Attorney General has previously weighed in on the shortcomings of the city’s environmental review, and specifically noted the failure to adequately analyze impacts to up-rail communities. Valero has not offered a compelling rationale for why the Attorney General would request that analysis if preemption renders those impacts irrelevant. The oil industry’s self-serving interpretation of preemption was also recently rejected by planning staff in San Luis Obispo County, who recommended denial of a similar oil train proposal at a Phillips 66 refinery due in large part to the environmental and health impacts along the rail line.

In a letter submitted to the Benicia City Council last week, the Sierra Club and our allies explained why federal law does not preempt Benicia from denying the permit for Valero’s project. The letter also reiterated that the project’s local impacts, especially increases in refinery pollution, require the city to deny the permit. For years, the Sierra Club and our partners have pushed back against Valero’s efforts to hide the true impacts of its oil train proposal — including submitting comments at each stage of the environmental review process. Our allies in these efforts include NRDC, Benicians for a Safe and Healthy Community, Stand (formerly ForestEthics), Communities for a Better Environment, Center for Biological Diversity, SF Baykeeper, and Sunflower Alliance, among others.

Additional city council hearings are scheduled for April 6, 18, and 19, as needed for public comment and council action.

Media: Valero crude oil gets another shot at NorCal railways (KCRA Sacramento, 4/5/16)

Rallying in front of Benicia City Hall.
Rallying in front of Benicia City Hall.

 

EXPERT REPORT ON LOCAL IMPACTS: Dr. Phyllis Fox rips Valero’s oil train proposal

By Roger Straw, April 5, 2016

The Benicia Independent is in receipt of the 92-page expert analysis of Dr. Phyllis Fox, submitted yesterday to the City of Benicia.  As of this posting, the report has not been posted on the City’s website.

The report focuses primarily on the many significant local impacts and risk factors.  This is highly important, in that the Council is being urged to ignore all of the crucial uprail factors of health and safety that have been identified.

City staff, paid consultants, the City’s contract attorney and Valero have all cited federal law that protects railroads from local or state regulation. Together, they claim that Benicia’s City Council may not deny or mitigate Valero’s plan based on anything beyond Valero’s small boundary.

Nearly a dozen opposing attorneys have testified to the contrary, asserting that Benicia has every right to deny a permit to a company like Valero that is NOT a railroad, and to condition any approval on local government and police powers to protect the health and safety of the community and those affected by impacts of the project.

Should the Council choose to ignore uprail impacts, Dr. Fox’s lengthy listing of local impacts will offer a clear path for a decisive vote to reject Valero’s proposal.  Taken together, the horrific uprail impacts alongside these daunting on-site health and safety impacts make a convincing case for denial.

Short of denial of the land use permit for the project, Dr. Fox has shown the many fatal flaws and inadequacies of the EIR.  She calls for it to be revised and recirculated yet again.

Dr. Fox’s table of contents and a significant excerpt follow. (Significant excerpt.) (Complete document.)

I. SUMMARY AND CONCLUSIONS

II. ON-SITE ROG EMISSIONS ARE SIGNIFICANT
……A. On-Site Fugitive Railcar ROG Emissions Are Significant
……B. Feasible Mitigation For On-Site Fugitive Railcar ROG Emissions
……C. Storage Tank ROG Emissions
…………1. Tanks Violate BAAQMD Rule 8-5
…………2. Feasible Tank Mitigation

III. ON-SITE TOXIC AIR CONTAMINANT EMISSIONS RESULT IN SIGNIFICANT OFF-SITE HEALTH RISKS

IV. PUBLIC SAFETY AND HAZARD IMPACTS ARE SIGNIFICANT
……A. The EIR’s Quantitative Significance Risk Assessment Is Incorrect and Unsupported
…………1. The Santa Barbara County CEQA Guidelines Are Misapplied
…………2. The Santa Barbara CEQA Guidelines Are Not Solely Applicable
…………3. The EIR’s Quantitative Risk Assessment Is Unsupported
……B. Off-Site Risks from On-Site Accidents Are Significant
…………1. Number of Injuries
…………2. Number of Fatalities
…………3. Feasible Mitigation
……C. The EIR Fails to Evaluate All Feasible Types of Accidents
……D. The EIR Fails to Evaluate All Feasible On-Site Accident Scenarios
…………1. Accidents During Train Maneuvering at Unloading Facility (Impact 4.7-3)
…………2. Accidents During Line Hookup And Crude Oil Transfer (Impact 4.7-4)
…………3. BLEVE (Thermal Tear)
……E. Accidents at Other Project Facilities Were Excluded
…………1. Crude Oil Pipeline
…………2. Crude Tank Farm
…………3. Access Road
……F. Factors Contributing to Hazard Impact Significance
…………1. The Location
…………2. Ignition Sources
…………3. External Events
…………4. Centroid Location
…………5. Other Rail Traffic

V. FLOODING IMPACTS ARE SIGNIFICANT
……A. Flooding Could Increase Hazards
……B. The Project Could Increase Flooding
……C. Flood Mitigation
……D. The EIR Fails to Address Benicia General Plan Requirements

SIGNIFICANT EXCERPT (footnotes removed here):

[Benicia’s] Community Development Director (CDD) concluded “the Project’s on-site impacts are mitigated to a less than significant level and all the findings can be made to approve the Use Permit.” Thus, Staff recommended that the City Council overturn the Planning Commission’s denial, certify the FEIR, and approve the Use Permit (3/9/16 CDD Memo).

SAFER requested that I review the CDD’s conclusions, focusing on on-site impacts. My analysis of the record and additional analyses, documented below, indicate that the Project will result in significant on-site impacts that have not been disclosed in the EIR. These include:

• Significant on-site emissions of reactive organic gases (ROG) from railcar fugitives;
• Significant on-site ROG emissions from change in service of existing crude oil storage tanks;
• Significant cancer, chronic, and acute health impacts from benzene emitted from railcar fugitives;
• Significant off-site injury and fatality impacts from on-site accidents;
• Significant off-site flooding impacts from on-site infrastructure and railcars; and
• Significant off-site injury and fatality impacts from on-site accidents caused by seismic shaking.

Thus, the EIR must be revised to disclose these impacts, impose all feasible mitigation, and be recirculated.

Oil Train Insurance: Washington State and the Billion Dollar Disaster

Repost from STAND

Oil Train Insurance: Washington State and the Billion Dollar Disaster

By Alex Ramel, extreme oil campaign field director, March 28, 2016
WA Dept of Ecology

Washington is now one of only two states that requires railroads to disclose whether they have sufficient insurance to cover a “reasonable worst case spill.” This is a step in the right direction. But the new rule falls far short of requiring enough insurance to cover a catastrophic oil train derailment, spill and explosion.

The new State rule requires that any major rail company operating in Washington — today, only BNSF — report whether they have sufficient financial resources or insurance to cover the costs of an oil train spill of around $700 million (smaller railroads have smaller requirements). That’s better than nothing, which is what most states have. But it’s not nearly enough.

The deadly Lac Megantic oil train disaster cost more than $1 billion (see page 98 in the federal regulations) and the cost of rebuilding is more like $2.7 billion. As terrible as the Lac Megantic disaster was, and it was a heartbreaking catastrophe, a worst case oil train disaster in Washington could be even much worse.

Washington State’s failure to require railroads to pay the full and true cost of doing business in Washington is an even greater concern if it becomes a precedent in other states. The confusing, undefined phrase “reasonable worst case” appears to have already been copied into a proposed bill in the New York State Assembly.

The federal Pipeline and Hazardous Materials Safety Administration suggested that a disaster inside a major city could cost $12.6 billion (see page 110). What could a $12 billion derailment look like? BNSF runs oil trains within 20 yards of Safeco Field in downtown Seattle during Mariners games when fans are in the stands.

Insurance monetizes risk, assigning a direct cost to risky behavior and assigning financial value to safety. What would your homeowners insurance company do if you wanted to unload oil tanker trucks in your driveway? They would raise your rates (astronomically) or cancel your policy. Railroads, which operate without requirements to carry adequate insurance, make decisions about assuming risk without an important financial feedback loop. If railroads had to be properly insured for the risk to life, property, and the environment from oil trains, there would be far fewer or zero oil trains.

Last year BNSF was fined for 14 spills and leaks and for failing to report problems along the track in Washington. The summer before that three oil tank cars tipped over in downtown Seattle. Over the last two years four BNSF oil trains have derailed and either spilled or exploded in Casselton, ND, Galena, IL, Heimdal, ND, and Culbertson, MT. Under usual circumstances a safety record like that should lead to a very awkward conversation with an insurance agent. And an already expensive, high-risk policy should get even more expensive. But BNSF doesn’t seem to carry enough insurance to cover the real cost of an oil train disaster, and they don’t seem to care.

BNSF has already intimated that they don’t think that the state should be able to require insurance, and it is likely that the company will challenge the rule. The railroad wants the cost of insurance and the calculation of possible damages kept off of their books. That means that in addition to living with the risk, the public is also asked to shoulder the cost. That’s the most unreasonable proposition yet.