Category Archives: Local Regulation

Baltimore City Council holds hearing on crude oil transport

Repost from The Baltimore Sun

City Council holds hearing on crude oil transport

By Christina Jedra, July 8, 2015, 9:57pm
Crude oil train in Maryland
Port Deposit, MD — A Norfolk-Southern train transporting crude oil heads north through Port Deposit past a railroad crossing near the U.S. Post Office. Amy Davis / Baltimore Sun (Amy Davis / Baltimore Sun)

The City Council held its first public hearing Wednesday on the safety of shipping crude oil through Baltimore, with environmental advocates expressing concern about the practice.

“Right now, we are in a blast zone,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “City Hall is in a blast zone.”

According to advocates, 165,000 Baltimore residents live within a one-mile radius of train routes that are potentially vulnerable to explosions from crude oil train derailments.

City Council Vice President Edward Reisinger said the informational hearing was called to evaluate the threat the shipments pose to the city.

Reisinger said recent derailments — such as one in Quebec in July 2013 that killed 47 people in a massive explosion — are cause for concern. He also pointed to an April 2014 derailment in Lynchburg, Va., that spilled thousands of gallons of crude oil into the James River.

The hearing Wednesday evening at City Hall lasted about two hours. Dozens of advocates — many from the climate action network and Clean Water Action — held a rally outside earlier.

“It’s not a matter of if another oil train will derail … it’s only a question of when,” said the Rev. Amy Sens of six:eight United Church of Christ.

The Maryland Department of the Environment recently denied an application by a Houston-based company to ship crude oil through Baltimore’s port terminal near Fairfield. A Connecticut-based company, Axeon Specialty Products, ships tens of millions of gallons of crude oil through the terminal.

It’s not known how much crude oil is shipped through the city or state. Norfolk Southern and CSX sued the state agency to prevent it from releasing the information.

Tidwell said the “No. 1 thing” advocates want is transparency — knowing the quantities, routes and times that hazardous materials are transported in local areas.

Trisha Sheehan, the regional field manager of Moms Clear Air Force, said she would like to see trains rerouted away from “vulnerable populations,” such as hospitals and schools, and a transition to renewable energy sources.

City emergency management officials answered questions for council members. Executives from rail companies, including Norfolk Southern and CSX, also were invited to attend.

Jon Kenney, a community organizer for the climate action network, said the hearing was necessary to raise public attention.

“Residents of Baltimore want [the council] to take action on oil trains in their communities,” Kenney said. “We have been talking to community members who live along the rail routes, and they are concerned. The rail companies are keeping everyone in the dark.”

Reisinger said the council can take little action to influence the sorts of shipments made along rail lines. Still, he said, it is important to discuss how prepared the city and the companies are to safeguard communities from future accidents.

Dave Pidgeon, a spokesman for Norfolk Southern, said company officials recognize that communities like Baltimore look to them to operate the rail lines safely. He said Norfolk Southern has long had a record of safe delivery of hazardous materials.

“This country depends on the railroads to operate safely,” he said. “That is something we have to shoulder.”

He declined to say how much crude oil Norfolk Southern transports through Baltimore, citing safety concerns, among other reasons. Crude oil makes up less than 2 percent of the company’s total traffic, he said.

He said the company works to make sure the shipments it delivers are carried on tank cars that meet the strictest safety standards.

“We have no choice,” Pidgeon said. “We have to haul hazardous material, including crude oil. If a customer gives us a tank car that meets safety standards, we have to haul it. There’s no question.”

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.

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.

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.”