Category Archives: Local Regulation

Coal, Local Regulation, Oakland Ca, San Francisco Bay Area

Billion Dollar Project Will Bring Millions Of Tons Of Coal To Area Next To Bay Bridge Toll Plaza

Repost from CBS San Francisco / 5KPIX / KCBS740AM-106.9FM

Billion Dollar Project Will Bring Millions Of Tons Of Coal To Area Next To Bay Bridge Toll Plaza

By Christin Ayers, July 1, 2015 9:15 PM


OAKLAND (CBS SF) — Coal is so polluting that demand for it as an energy source is way down in the U.S. The industry has to increase exports to survive. To do that we’ve learned it’s got its eye on the Bay Area.

On the grounds of the old Oakland Army Base a transformation is underway. A new billion dollar rail and marine terminal, called the “Trade and Logistics Center” will open in just three years as a world class hub for the export of bulk commodities, mostly to Mexico, Japan and China

“It’s going to be great for Oakland,” said Jerry Bridges. He’s been hired by the developer to run a project centerpiece, a rail to ship transfer facility right next to the Bay Bridge toll plaza. “Our goal is to have soda ash moved through the facility, pot ash, borax, umm sodium concentrate, coal.”

Coal, Bridges says will be a big part of it. He says he’s close to signing a lucrative contract with 4 counties in Utah to receive and ship out 3 million tons of coal a year. “And let me just say about the coal out of that region: It’s the highest quality coal in the country, and thereby it’s the highest quality coal in the world.”

Coal is already exported through a private transfer yard in Richmond, where it sits in open rail cars right next to homes. Residents are complaining about the coal dust, an air pollutant known to cause asthma and cancer. But Bridges says his terminal will be different. “Every commodity that ships through our facility will arrive at the facility on the railroad in covered rail cars,” he said.

But Jess Dervin-Ackerman of the Sierra Club is skeptical. “They could promise to do that and then not do it,” she said. “Nowhere in the U.S. is coal transported with covered rail cars so how can we know that they can actually do that and protect the community,” she said.

And she says it’s not just about Oakland and the Bay Area. The coal will release tons of greenhouse gases in Mexico and China. “What we are saying is not in anybody’s back yard. We want to leave the coal in the ground,” she said.

Oakland leaders agree. In fact they’ve voted to divest in coal. But we’ve learned they may have tied their own hands when it comes to this deal. The development agreement they signed  says “all approvals shall be made by the city administrator,” which leaves the city council and the public out of the loop, even though the city owns the land that the terminal will be built on.

“Right now we are just focusing on getting it built,” said Mayor Libby Schaaf’s spokesperson Erica Derryck. KPIX5 asked her if the mayor was comfortable with coal exports being part of the project. Her response: “I think it’s too early to say what exactly is going to be part of the commodity group that will be coming through the facility.”

But KPIX 5 obtained an email that shows the mayor is working behind the scenes to put the kabosh on the coal deal. “I was extremely disappointed to hear Jerry Bridges mention the possibility of shipping coal into Oakland,” she writes to the developer.  “Stop it immediately.”

But Jerry Bridges says he has no plans to back down. “The CEQA entitlement gives us every right to build and transport what we need to transport in order to be a viable and feasible project,” he said.

The project’s developer and landlord, prominent Oakland businessman Phil Tagami, turned down our request for an interview. In a statement he says it’s not up to him to decide what comes through the new terminal, it’s up to the man he hired to run it, Jerry Bridges.

Phil Tagami’s complete statement:

The City of Oakland approved an agreement to create the Oakland Bulk and Oversized Terminal (OBOT), a multi-commodity bulk marine terminal at the former Oakland Army Base, in 2012. The City’s agreement with California Capital & Investment Group (CCIG) was comprehensively analyzed and endorsed under the California Environmental Quality Act (CEQA) and reflects a modern, industry-standard marine terminal facility and operation that is consistent with state and federal law. Nothing has changed since the 2012 approval.  OBOT’s construction and operations are designed consistent with the lawful expectations of potential customers – accommodating three or four of the full spectrum of approximately 15,000 bulk commodities regulated by federal law. This is standard industry practice and uniform at marine terminals throughout the United States.

In analyzing OBOT’s development under CEQA, the City imposed a comprehensive series of mitigation measures and conditions that the terminal operator will adhere to. No commodity may be transported through OBOT without full compliance with all applicable state and federal regulations.

CCIG is constructing OBOT, but is not and will not be the terminal operator. Neither CCIG nor any prospective terminal operator has made commitments to shipping any particular commodity through the terminal at this point in time. But, the issue is not about any single commodity. The City reviewed and approved OBOT as proposed. And in reliance on those approvals, CCIG and others have made binding and enforceable commitments to deliver OBOT for operations as entitled to ensure the viability of the entire revitalization plan for Oakland’s working waterfront.

Air Quality, Bay Area Air Quality Management District (BAAQMD), Local Regulation, San Francisco Bay Area, Valero Benicia Refinery

Valero refinery in Benicia fined $122,500 for past air pollution violations

Repost from the Contra Costa Times
[Editor:  It takes the Air District over 3 years to “settle” with Valero for polluting our air?  In the past City officials have asked that these kinds of fines be redirected to the communities where the violations occur.  My understanding is that BAAQMD Executive Officer Jack Broadbent indicated he would consider it, but never took any action.  Seems the Air District wants to continue to use the fines for their own operations: “The penalty money will be used to fund air district inspections and enforcement actions.” – RS]

Valero refinery in Benicia to pay $122,500 in air pollution penalties

By Denis Cuff, 06/25/2015 12:49:50 PM PDT
Valero Refinery, Benicia, California

BENICIA — The Valero oil refinery has agreed to pay $122,500 in civil penalties for air pollution violations during 2011, clean air regulators announced Thursday.

The settlement between Valero and the Bay Area Air Quality Management District covers 25 notices of violations, including one over odors at the refinery wastewater treatment plant.

Another 14 violations concerned excessive pollution detected by monitors at the Benicia plant, officials said.

“Violations of air quality regulations, no mater how minor, must be addressed and refineries held accountable,” Jack Broadbent, the air pollution district chief, said.

The penalty money will be used to fund air district inspections and enforcement actions.

The air district regulates stationary air pollution sources in the nine Bay Area counties.

Crude By Rail, Derailment, Explosion, Local Regulation, Public Safety

Mayors from Great Lakes region, St. Lawrence River address oil train derailments

Repost from the Sarnia Observer
[Editor: reading highlighted text for references to the Mayors’ efforts to stop crude oil train derailments, and the importance of local communities banding together on such matters.  – RS]

Sarnia convention brings together mayors from Great Lakes region, St. Lawrence River

By Chris O’Gorman, June 18, 2015 8:11:34 EDT AM
Deputy mayor of Quebec City, Michelle Morin-Doyle, speaks about the need for oil transportation regulations at the kick off to a three day conference in Sarnia. The conference will produce a list of resolutions backed by 110 mayors and municipal leaders asking governments and industries to curb harmful environmental practices. (CHRIS O’GORMAN, Sarnia Observer)
Deputy mayor of Quebec City, Michelle Morin-Doyle, speaks about the need for oil transportation regulations at the kick off to a three day conference in Sarnia. The conference will produce a list of resolutions backed by 110 mayors and municipal leaders asking governments and industries to curb harmful environmental practices. (CHRIS O’GORMAN, Sarnia Observer)

The mayors of cities and towns dotting the coast of the Great Lakes and St. Lawrence are in Sarnia for a three-day environmental conference where they announced “aggressive targets” for reducing phosphorus in Lake Erie.

A Lake Erie algae bloom last summer made city water unsafe for residents of Toledo, Ohio to unable to use city water for several days.

The event served as a “wake-up call” for all municipalities on the lake to pressure governments and industries to reduce phosphorus run-off, David Ullrich, the executive director of the Great Lakes and St. Lawrence Cities Initiative, said Wednesday

“In the minds of the mayors, this was really a game changer for us. We couldn’t be complacent anymore about algae blooms,” he said.

Phosphorus is a naturally occurring element is the byproduct of some industries and is found in fertilizers. When it makes it way from farm fields into bodies of water, it feeds toxic algae, sometimes creating blooms.

The city representatives from eight states and two provinces are hoping to introduce a harmonized system for dealing with algae blooms, similar to the one Toledo adopted after the toxic water disaster. They’re calling for a 40% reduction in phosphorus by 2025 in Lake Erie.

There are a number of items on the conference agenda on Thursday,  including making oil transportation safer through the Great Lakes region , eliminating micro beads from consumer products, and discussing the future of energy generation and distribution.

“Our collective voice has never been more important. We’re facing a number of challenging issues that we will be discussing at our conference,” said Mitch Twolan, the mayor of Huron-Kinloss.

While it may seem as if initiatives like these involve a lot of policy documents and occasional finger pointing—one mayor said “we do send a lot of letters,” receiving a few chuckles—the collective of mayors has achieved much in just the last year.

At the last conference, the group decided to take action against “micro beads,” small plastic beads found in body washes, toothpastes, and other products. The beads accumulate in waterways and the bodies of animals.

Today, the city initiative has successfully lobbied six companies to stop using the beads in their products. Most recently, Loblaws said it would be phasing out micro bead products from its stores.

 The Lac Mégantic disaster will also be a major agenda item. In July 2013, a train carrying crude oil derailed near the rural Quebec town of Lac Méganic and exploded killing 47 people. Deputy mayor of Quebec City, Michelle Morin-Doyle said the group is committed to improving oil transportation safety through the Great Lakes and St. Lawrence regions. While the initiatives work may be slow sometimes and alone a city may be able to move faster, working with a larger collective means changes are permanent and far-reaching.

  “Because what it all comes down to is we want to make sure our citizens are safe,” she said. “The objective must be zero derailments. We cannot afford another accident like the one in Lac Mégantic.”

  From Wisconsin, mayor John Dickert of Racine said the environmental group prefers to speak with, encourage, and sometimes demand industries that create these contaminants stop, rather than dealing with aftermaths like Lac Mégantic.

  “The reason these are not small issues is… because businesses deal with these disasters on the day it happens. If their train derails, they’ve lost a financial commodity. Our people have lost their lives,” he said.

  “We are going to be very aggressive on these issues so that we don’t have to deal with it after the fact or deal with a parent who’s saying they just lost a loved one.” 
Bakken Crude, Crude By Rail, Local Regulation, Pipeline transport, Tribal regulation, Water quality

Washington’s Swinomish sue to halt Bakken oil trains

Repost from High Country News

Washington’s Swinomish sue to halt Bakken oil trains

Many communities fight transport of crude oil through their towns; some find legal footing to succeed.

By Kindra McQuillan, April 16, 2015, Web Exclusive

To the Coastal Salish people living on Washington’s Swinomish Reservation, water remains an important aspect of daily life. Their ancestors fished for salmon at the mouths of Northwestern rivers and gathered shellfish on Pacific tidelands; modern Swinomish people still pursue these activities from their small reservation on the Puget Sound. Many fish for their own subsistence, and many work as employees of the Swinomish Fish Company, which serves international markets.

The Swinomish Reservation is surrounded by water. Swinomish Channel and Swinomish Reservation. Photograph courtesy of Joe Mabel

Even so, for more than 20 years, the Swinomish have consented to strictly regulated use of a railroad that crosses waters on either side of their island reservation. The track, operated by Burlington Northern Santa Fe LLC, crosses a swing bridge over Puget Sound’s Swinomish Channel, passes several Swinomish businesses, and then crosses a trestle over Padilla Bay, originally on its way to Anacortes, where it historically delivered lumber. A legal agreement between the tribe and the company limited the amount of traffic that would cross the reservation and waterways to Anacortes and required the company to inform the tribe about its cargo.

In the 1990s, the last section of railroad to Anacortes was removed, and the tracks ended on March Point, which houses two oil refineries. Burlington Northern fell behind on their annual reports, and the tribe assumed the trains were carrying supplies to the refineries.

But in 2012, reservation residents began to see 100-car trains—four times as long as the agreed maximum length. Then an Anacortes newspaper reported that the trains were carrying Bakken crude, a volatile oil that has figured in numerous train explosions in recent years, some of them deadly.

Burlington Northern had not informed the tribe that the cars carried this new, dangerous cargo, and ignored tribal requests to desist. So last week, the tribe filed a lawsuit in federal court. The suit asks the court to reinforce the original car limit and to prohibit the transport of Bakken crude via rail across the reservation.

“It’s not a matter of if another train will blow up; it’s a matter of when,” Brian Cladoosby, chairman of the Swinomish tribe, recently told me. “We want to make sure it doesn’t happen in our backyard.”

Police helicopter view of Lac-Mégantic, Quebec, the day a Bakken oil train derailed, killing 47 people in 2013. Photograph courtesy of Sûreté du Québec.

But while many Western communities are grasping for protection against dangerous shipments of crude oil, the Swinomish tribe has a unique instrument for getting it done.

The instrument has to do with the way tribal trust lands work. Tribal trust land, unlike much off-reservation land, requires consent from both the federal government and the tribe before utilities and railroad companies can build infrastructure. But for a century, Burlington Northern and its predecessor companies broke this law by maintaining a railway on the Swinomish reservation without consent from either. In the late 1970s, the tribe sued the company for a century of trespass, reaching a settlement in 1991 that gave the company an easement for continued use of the railway, albeit with a few restrictions: No more than one train could cross the reservation per day in each direction, none could have more than 25 cars, and Burlington Northern would have to inform the tribe of the trains’ cargo at least once per year.

Then came the Bakken boom, and with it a dramatic increase in traffic as trains rushed to carry oil from the Bakken to the West Coast, where ports could take the fuel to international markets. After seeing the traffic increase on their reservation, “the tribe had conversations with Burlington Northern,” says Stephen LeCuyer, director of the office of tribal attorney. “But in the meantime the tribe was seeing explosive derailments of Bakken oil trains, and reached the conclusion that they would not consent to an increase of over 25 cars per day.” After the tribe brought their concerns to Burlington Northern, the company said it wanted to negotiate. Meanwhile, the oil trains kept rolling.  That led to last week’s suit.

Burlington Northern has yet to file their case, but in a statement, company spokesperson Gus Melonas argues that it has a legal obligation to carry the oil.  “As a common carrier, we are obligated under federal law to move all regulated products, which ensures the flow of interstate commerce,” he said in a statement.

“The Easement Agreement includes a mechanism to address rail traffic volumes to meet shipper needs, and we have been working with the Swinomish Tribe for several years to resolve this issue.” The mechanism Melonas refers to is a stipulation in the agreement, wherein the tribe agrees not to “arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs.”

To the tribes, this mechanism is null. Given the dangerous nature of Bakken crude, the tribe is confident it’s not making an arbitrary decision “in any way,” LeCuyer says.

Their complaint was filed with the U.S. District Court for the Western District of Washington, and was formally served on April 10. Burlington Northern must now file a response within 21 days of the formal complaint. At that point, the court will issue a schedule for hearings, and the case will eventually be decided by U.S. District Judge Robert Lasnik.

Jan Hasselman, an attorney with Earthjustice, an environmental law group that has handled many cases related to oil transportation, said the Swinomish argument appears “airtight.”

“BNSF made an agreement with them, and it violated that agreement,” he said. But Hasselman added that the case wouldn’t likely set a precedent for other communities. “Their agreement is pretty unique,” he said. “But this is yet another example of communities all across the country in different ways rising up to the threat of crude oil transportation.”

Last week, the National Transportation Safety Board issued urgent recommendations calling for the improvement of unsafe oil-tank train cars. Politicians like Sen. Maria Cantwell, D-Washington, and Seattle Mayor Ed Murray, D, are calling for greater oil train safety.

Earlier this year, Washington’s Quinault tribe was able to slow shipping of crude-by-rail near their reservation by challenging oil terminals that were being built without an environmental impact statement.

Meanwhile, the Swinomish Tribe is also testifying against a Canadian pipeline that would carry crude oil to ports in the Salish Sea, the body of water that encompasses the Strait of Georgia, the Strait of Juan de Fuca, and the Puget Sound. Alternative forms of oil transportation, like pipelines and barges, may be safer to human communities, but they would still put fisheries at risk.

“We, of course, always have concern about tankers hitting our reefs,” Cladoosby says. “Thank God that has never happened. We live on an island surrounded by water. We’ve lived here since time immemorial, and the Creator has blessed us with every species of wild salmon. We work very hard to take care of it.”

Swinomish Chairman Brian Cladoosby and his father. Photograph courtesy of Flickr user Ecotrust.
Kindra McQuillan is an editorial intern with

High Country News.