Category Archives: Greenhouse gas emissions

Letter to the Bay Area Air District: require strict emissions caps on refineries

Posted with permission

Benicia Resident Marilyn Bardet’s letter to the Chair of the Board, Bay Area Air Quality Management District (BAAQMD)

Direct staff to require numerical emissions caps on all refinery emissons
By Marilyn Bardet, Sept 16, 2015

Dear Chair Groom,

Marilyn Bardet
Marilyn Bardet, Benicia CA

In response to the overwhelming testimony the District has received from all corners of the Bay Area, as chair of the BAAQMD board of directors, you, with your board, have the authority to direct District staff to revise DRAFT Rules 12-15 and 12-16 as currently released, to require strict numerical emissions caps on all refinery emissions, including GHG.

By all means of public testimony over a two-year period, you have heard from concerned and affected members of the public, respected regional and national organizations (including Sierra Club, NRDC, CBE, 350 Bay Area, APEN, Sunflower Alliance) and other experts in the field who have recommended and put forward well-defined revisions that would impose strict numerical emissions caps on refinery emissions tied to current emissions baselines for TAC, VOCs, heavy metals and PM2.5, including GHG.

You know that oil companies in the region aim to acquire and process the most dangerously polluting crude in the world — tar sands. Refineries processing changed crude slates whose blends have increasing amounts of heavy crude, unconventional crudes such as Bakken oil, and/or tar sands will adversely impact regional and local air quality, especially affecting front-line communities and those “downwind communities.” Allowing emissions to “go up to” long ago established permitting levels (Valero Benicia’s permit was established in 2003) is tantamount to the District “giving in” to benefit the oil industries’ profit, not public health.

The District’s mandate is to clean up the air for the benefit of public health, and, in accordance with state mandates, to protect the climate by drastically reducing GHG. Oil refining is the biggest industrial source of GHG. Carbon trading by refineries will simply send “pollution credits” elsewhere and keep toxic emissions “at home” that kill thousands of people in the Bay Area each year. GHG emissions from fossil fuel combustion threaten to destroy our global climate and way of life.

Strong refinery rules that set numerical limits on toxic emissions tied to current baselines and limit GHGs are our best chance to protect public health and protect the climate.

We need your leadership more than ever now! I am writing to ask that you make it clear to your directors that the “highest good” must be done by BAAQMD in the name of public health and climate protection, such that, until revisions to Rules 12-15 and 12-16 are adopted that set refinery emission caps at today’s levels, including for GHG, the agency will suspend permitting for refinery projects.

This is a bold request, but these are very uncertain times that require every precaution and concerted action by leadership to create policies that protect people and the planet.

Thank you for your public service, and for you attention to my comments.

Respectfully,

Marilyn Bardet
Benicia

SB 350 – Bold Bill to Cut California Emissions Sets Off Fierce Battle

Repost from the New York Times
[Editor:  SB 350 passed in the California Senate and is up for a vote in the Assembly.  Please phone or write your Assembly member NOW to encourage a vote for this most important climate bill.  More info:  1) California Climate Leadership, 2) Earthjustice, 3) Natural Resources Defense Council and 4) Cool Davis (including a sample letter).   Find and contact your California legislators here.  – RS]

Bold Bill to Cut California Emissions Sets Off Fierce Battle

By Adam Nagourney, Sept. 4, 2015
Wednesday evening’s commuter rush on Interstate 110 in Los Angeles. Legislation in California’s long-term campaign against emissions calls for a 50 percent reduction in petroleum use by Jan. 1, 2030. Credit Monica Almeida/The New York Times

SACRAMENTO — With President Obama back from a trip to Alaska in which he portrayed the fight against climate change as an urgent international priority, California is showing how hard it can be — even in a state overwhelmingly controlled by Democrats — to get an ambitious carbon reduction bill passed.

The state has been at the forefront of global efforts to battle greenhouse gases, enacting mandates to force sharp reductions in emissions over the next 35 years. Its environmental record was applauded by Mr. Obama last week, and Pope Francis invited Gov. Jerry Brown to discuss the fight against global warming in the Vatican this summer.

But a centerpiece of California’s long-term campaign against emissions — legislation requiring a 50 percent reduction in petroleum use by Jan. 1, 2030 — has set off a fierce battle here, pitting not only a well-financed oil industry against environmentalists, but Democrat against Democrat. The bill easily passed the Senate, but is faltering in the Assembly because of opposition by moderate Democrats, many representing economically suffering districts in central California. A vote is expected early next week.

The legislation faces an onslaught by the Western States Petroleum Association and other oil industry advocates that, in ads and mailings, assert that a 50 percent cut in petroleum use could result in gas rationing and a ban on minivans.

“This law will limit how often we can drive our own cars,” a narrator in one ad says urgently, an assertion the bill’s sponsors say is groundless. The oil industry has tagged the bill “The California Gas Restriction Act of 2015.”

A defeat would be a setback for Mr. Brown — who has made a battle against global warming a centerpiece of his final years in public life — and for environmentalists who have looked to California to lead the emissions fight at time of strong skepticism about global warming in Washington. Mr. Obama urged California lawmakers to enact the bill in a recent speech in Las Vegas, signaling the importance he is attaching to the issue in his final years in office.

The environmental fight here comes on the eve of the United Nations climate change conference in Paris later this year. There, Mr. Brown and Kevin de León, the State Senate Democratic leader who led the fight for the bill in his chamber, are planning to outline for an international audience California’s campaign against greenhouse gases. On Wednesday, the Legislature passed and sent to Mr. Brown a measure requiring the state’s public pension funds to divest from coal companies.

“The rest of the world is watching very closely what is happening in California, and I think so far they see a success story,” Mr. de León said. “Our economy has grown — we are adding jobs, and we are reducing our carbon emissions. Therefore it is absolutely crucial that this measure passes because it will be a big blow to the rest of the states and the whole world if it doesn’t.”

California has mandated an 80 percent cut in emissions by 2050, using 1990 emissions levels as a baseline. The goal has been championed by Democrats like Mr. Brown and Republicans like former Gov. Arnold Schwarzenegger. This bill on petroleum, one of several the Legislature is voting on to put these limits in place, is intended to ensure that California meets this target.

The legislation, Senate Bill 350, leaves it to the state’s Air Resources Board to determine how the 50 percent mandate would be met; it does not mention gas rationing or banning minivans. It also includes no penalties in case the mandate is missed. Opponents, in defending the warnings about rationing, noted that the bill is short on specifics on how the reduction would be achieved; they said they see no other way the mandate could be met.

“I can’t figure out any other way to reach a 50 percent reduction in that frame without doing some pretty dramatic measures,” said Catherine Reheis-Boyd, the president of the Western States Petroleum Association. “If it isn’t gas rationing, what is it? I keep hearing what it isn’t.”

Mr. Brown, in an interview in his office here, said the oil industry was using fear tactics to try to derail the effort before the Legislature adjourns on Sept. 11, but said he was confident of eventual success.

“You’ve got the oil companies fighting Pope Francis,” Mr. Brown said. “Fighting the scientists of the world. Fighting the governor of California. They are engaged in literally a life-and-death struggle, and I have no doubt who is going to be the victor.”

He added: “It’s a shameless effort to maintain their revenue stream — regardless of what the impact is on everyone else. There is no rationing in the bill. Read it. None.”

The concerns have come not only from Republicans, but also from moderate Democrats who represent communities in central California. Many of these communities are struggling with high unemployment and slow economic growth.

“So much of our economy is driven by the use of petroleum,” said Assemblyman Henry T. Perea, a Democrat from the Central Valley and a leader of moderates in his house. “We don’t know what impacts S.B. 350 will have on it. We don’t know because we don’t know what the plan is. What does that look like? We haven’t heard that answer to that. And in the absence of information, you create your own.”

Kristin Olsen, the Assembly Republican leader, said her party was eager to find ways to curb harmful emissions. “My son has asthma — of course I want clean air,” she said. But she questioned why California had to be a leader in an effort that she argued had such significant economic costs.

“We want to be leaders,” she said, “but not when there are no followers. And at some point we have look at the fact that no one is following California’s lead. We are less than 1 percent of the world. At some point we should work on reasonable cost-effective measures to reduce greenhouse gas emissions to improve our air quality. But not at the cost of jobs.”

Ms. Boyd, of the petroleum association, said the bill’s sponsors had erred in trying to push the measure through without explaining how it might work. “We think there should be a lot more detail, and it should be articulated pretty clearly about how one thinks they are going to be about this superaggresive mandate,” she said.

Backers of the bill said reductions would be achieved by, among other things, bolstering the fuel efficiency of existing cars and increasing the number of electric cars on the roads, while pushing urban planning policies that help enable people to walk to their jobs and to shopping districts.

“We don’t have a choice — we have to make these changes,” said Tom Steyer, a billionaire hedge fund manager and environmental advocate who has been championing the bill. “In listening to these people talk about how there is going to be rationing, I’m like, stop making up stories and start telling us what will happen under your scenario.”

“We are in the process of changing how we use energy in the United States of America,” Mr. Steyer added. “The way this happens is, the private sector comes up with new ideas, and people either like them or not.”

Mr. de León, the leader of the State Senate Democrats, said that he was preparing amendments to his bill to try to ease concerns. One amendment would give the Legislature more of a say over the final recommendation by the Air Resources Board.

Mr. Brown said that even if this bill were to be defeated, enough other legislation was already in place that he was confident of long-term victory.

“This is not the whole battle,” Mr. Brown said. “This bill has become a lightning rod. It’s important. But California is way down the road in terms of the thrust and momentum that has been building up for over a decade.”

BENICIA HERALD: Long-awaited reissue cites ‘significant’ environmental impacts; public given 45 days to comment

Repost from the Benicia Herald

Revised, expanded crude-by-rail report released

Long-awaited reissue cites ‘significant’ environmental impacts; public given 45 days to comment

By Nick Sestanovich, September 1, 2015

“Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.”  – The Recirculated Draft Environmental Impact Report on Valero’s Crude-by-Rail Project

The long-awaited revision of the draft Valero Crude-by-Rail Project Environmental Impact Report was released Monday, almost a full year after California’s attorney general and others publicly challenged the scope and accuracy of the document.

The new report cited additional negative environmental effects of the project pertaining to air quality, greenhouse gases, protected species and more, expanding its scope to cover impacts for more “uprail” communities — and finding “significant and unavoidable” effects that would result from approval of the project.

The “recirculated” report (RDEIR) is just the latest development in Valero’s three-year battle to bring crude oil deliveries to its Benicia refinery by train. The proposal for a use permit to extend Union Pacific Railroad lines into its property so crude oil could be delivered by rail car, initially submitted to Benicia Planning Commission in late 2012, triggered an uproar over environmental and safety concerns, which prompted the drafting of an Environmental Impact Report.

The document, released in 2014, was criticized by many, including Attorney General Kamala Harris and state Sen. Lois Wolk, D-Davis, who felt the report’s focus on the 69 miles of rail between Benicia and Roseville didn’t adequately convey the scope of the project’s potentially negative impacts.

The RDEIR addressed these concerns by expanding the range of its focus beyond Roseville to three new routes: the Oregon state line to Roseville; the Nevada state line to northern Roseville; and the Nevada state line to southern Roseville.

In the process, the report uncovered more significant environmental impacts.

The refinery has said it expected 50 to 100 additional rail cars to arrive up to twice a day, brought in at a time of day when there would be little impact on traffic. The trains would carry 70,000 barrels of North American crude each day, replacing shipped barrels from foreign sources, the refinery said in its use permit application.

The DEIR had initially noted that greenhouse gas emissions generated by the Crude-by-Rail Project would be “less than significant.” The RDEIR updated the risk level of direct and indirect greenhouse gas emissions to “significant and unavoidable,” specifically if trains used the line from Oregon to Roseville, which would travel a round-trip distance of 594 miles per day.

Additionally, the RDEIR found that the project would conflict with Executive Order S-3-05, signed by Gov. Arnold Schwarzenegger in 2005, which aims to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050.

The revised report also found that nitrogen-oxide levels would increase in the Yolo-Solano region, among other areas, and that nitrogen emissions in Placer County “would exceed the cumulative 10-pounds-per-day significance threshold.”

Biological resources are another area of concern. According to the report, crude-by-rail trains could have “potential impacts to biological resources along any southern route,” that “could include collision-related injury and mortality to protected wildlife and migratory bird species.”

Finally, the RDEIR said, other hazards exist: If a train were to crash and result in a small oil spill, there would be a 100-percent chance of 100 gallons or more being released. Similarly, should a train crash in a high fire danger area, the risks would be inevitable.

As the report notes, “Because no reasonable, feasible mitigation measures are available that would, if implemented, reduce the significance below the established threshold, this secondary hazards- and hazardous materials-related impact would be significant and unavoidable.”

Conversely, other areas of concern such as noise pollution and earthquakes, were found to have little or no significant impact.

“Valero’s effort to rush through their dangerous project and their long record of constant violations and fines of Bay Area Air Quality Management District emissions rules give many of us pause to reflect on the many risks associated with this project,” said Andres Soto, a Benicia resident and member of Benicians for a Safe and Healthy Community, a group formed to opposed the Crude-by-Rail Project.

“It is only due to the volume and detail of scope of all of the public comments received on the original Draft Environmental Impact Report (DEIR) that Benicia chose to recirculate a seriously flawed DEIR. California Attorney General Kamala Harris and many uprail communities, as well as many Benicians, including BSHC, identified many critical shortcomings with the original DEIR.

“Valero has shown nothing but intransigence and misinformation in the face of this opposition to its flawed proposal, thus we do not expect much to have changed in the RDEIR from the DEIR that would convince us that Valero and Union Pacific Railroad can make this project safe enough for Benicia. The risk of catastrophic explosions along the rail line and in Benicia, and the plan to process dirtier extreme crude oils strip-mined from Canadian tar sands and fracked in the Bakken shale formation is just too dangerous for our safety and our environment.

“We hope that after thoroughly reviewing the RDEIR, our Planning Commission and City Council will have the wisdom to deny this project for the good of Benicia, our neighboring communities and the good of our planet.”

A Valero representative was asked to comment on the newly released report but did not respond by press time Monday.

Copies of the RDEIR are available at Benicia Public Library, 150 East L St.; at the Community Development Department at Benicia City Hall, 250 East L St.; and as a PDF download on the city’s website, www.ci.benicia.ca.us.

Public comments on the RDEIR will be accepted by the city until Oct. 15 at 5 p.m. Comments may be submitted in writing to Amy Million, principal planner of the Community Development Department, 250 East L St., Benicia, CA 94510; or they may be given at formal public hearings on the project by Benicia Planning Commission, the first of which will be at 6:30 p.m. Sept. 29 at City Hall.

Additional Planning Commission meetings to receive comments on the RDEIR are scheduled for Sept. 30, Oct. 1 and Oct. 8.

Tell EPA: Cut Airplane Carbon Pollution

Repost from Center For Biological Diversity

Tell EPA: Cut Airplane Carbon Pollution

August 3, 2015

Airpline contrailThe EPA recently determined that skyrocketing greenhouse pollution from airplanes hurts our climate and endangers human health. But instead of fighting this fast-growing threat, the agency wants to pass the buck to an international organization virtually run by the airline industry.

If commercial aviation were considered a country, it would rank seventh after Germany in terms of carbon emissions — and those emissions are projected to more than triple by 2050. That’s an unacceptable threat to our climate.

Yet the EPA plans to just sit back and wait for another authority to take action — the International Civil Aviation Organization, which hasn’t produced a single measure to curb aircraft-induced global warming in 18 years.

The EPA has set climate standards for cars, trucks, buses and power plants — now the agency must do the same for airplanes.

Take action — CLICK HERE — urge the EPA to set airplane carbon rules now.