Category Archives: Local Regulation

Seattle emergency planners: Oil train hazard in 100-year-old tunnel

Repost from The Columbian
[Editor: An important local study, calling for better disaster preparedness.  Significant quote – “…oil trains travel through three significant zones in Seattle: passing within blocks of two stadiums, through the downtown tunnel, and along the north end, which has limited access because of high banks along the waterfront.”  – RS]

Oil trains called hazard in old Seattle tunnel

Report says railroad, city must prepare to limit a catastrophe
By PHUONG LE, Associated Press, September 16, 2014
A long line of rail tanker cars sits on tracks south of Seattle, Tuesday, Sept. 16, 2014. In a report to the Seattle City Council, city emergency planners say more must be done to lower the risk of a possible oil train accident and improve the city’s ability to respond. (AP Photo/Ted S. Warren) (Ted S. Warren/AP)

SEATTLE — With increasing numbers of trains carrying volatile crude oil through Seattle’s “antiquated” downtown rail tunnel, city emergency planners say more must be done to lower the risk of an oil train accident and improve the city’s ability to respond.

In a report to the Seattle City Council, emergency managers warned that an oil train accident resulting in fire, explosion or spill “would be a catastrophe for our community in terms of risk to life, property and environment.”

BNSF Railway can make immediate safety improvements in the mile-long 100-year-old rail tunnel that runs under downtown Seattle, including installing radio communication, a fire suppression system to release water and foam, and a permanent ventilation system, according to the report written by Barb Graff, who directs the city’s office of emergency management, and Seattle assistant fire chief A.D. Vickery.

About one or two mile-long trains a day carrying shipments of crude oil from the Bakken region of North Dakota, Montana and Canada through the city of about 630,000 residents.

Several refineries in the state are receiving shipments of crude oil, and the others are upgrading facilities to accept oil trains. Once refineries are able to accommodate additional shipments, three or more trains could pass through Seattle each day, the city report said.

Oil trains currently enter Washington state near Spokane, and travel through the Tri-Cities and along the Columbia River before traversing Seattle to refineries to the north. In the state, as many as 17 trains carry about 1 million gallons of crude oil a week through several counties, including Spokane, Benton and Clark, BNSF reported to the state in July.

“We know they can explode. We’ve seen the tragedy in Canada. We know they can derail. That happened two months ago in our own city,” said Councilor Mike O’Brien, whose committee scheduled a special meeting Tuesday night to discuss the report. “We have to treat this as a real threat.”

Oil-train derailments have caused explosions in North Dakota, Virginia, Alabama and Oklahoma, as well as in Quebec, where 47 people were killed when a runaway train exploded in Lac-Megantic in July 2013.

Two months ago in Seattle, three tanker cars derailed as an oil train bound for a refinery in Anacortes pulled out of a rail yard in Seattle. BNSF officials noted at the time that nothing spilled, and a hazardous materials crew was on the scene in 5 minutes, but the incident raised new concerns.

BNSF spokesman Gus Melonas said the railway has improved tracks and roadbed to ensure that trains travel the tunnel safely. He said the concrete-lined tunnel is inspected regularly and is “structurally safe.”

“We’ll review the (city) report further,” he said. “We take safety extremely seriously and the operation of trains is a top priority, and we’ll continue to enhance our safety process.”

The railway plans to locate a safety trailer with foam equipment and extinguishers in the Seattle area, and plans to continue to train Seattle firefighters and responders.

Seattle’s report notes that oil trains travel through three significant zones in Seattle: passing within blocks of two stadiums, through the downtown tunnel, and along the north end, which has limited access because of high banks along the waterfront.

“The tunnel runs under all of downtown. What happens if something goes wrong there?” O’Brien said. “We’ve heard the fire department say we aren’t sure we can send firefighters to fight if it’s too dangerous.”

Oil trains typically move at about 10 mph through the tunnel, less than the maximum speed of 20 mph, and do not operate in the tunnel at the same time as a passenger train, BNSF’s Melonas said.

A derailment and fire involving Bakken oil tank cars could stress fire department resources, the report said. It recommends limiting track speeds in high-density urban areas, and that the railroad company help pay for specialized training, sponsor annual drills to respond to tank car emergencies and provide a foam response vehicle to use in case of an oil train accident.

Eric de Place, policy director for Sightline Institute, an environmental think tank, said other local governments should be doing similar reviews.

“Railroads don’t carry near the rail insurance they need,” he said. “If there’s a meaningful risk, the railroads should have to be insured against it and they should have to find private insurance.”

Chevron: deep pockets, heavy influence on electoral politics in Richmond, CA

Repost from Counterpunch

Chevron Sounds Alarm Against East Bay “Anarchism”

Via Mass Mailings & Push Polling
by Steve Early, September 16, 2014

One of the great things about living near Chevron’s big East Bay refinery—yes, the one that caught fire and exploded two years ago—is its system of early warnings about new disasters about to befall Richmond, CA.

In our post-Citizens United era, the nation’s second largest oil producer is now free to spend $1.6 million (or more, if necessary) on direct mail and phone alerts, designed to keep 30,000 likely voters fully informed about threats to their city.

During the last week, glossy mailers from a Chevron-funded group called “Moving Forward” have been flowing our way, at the rate of one or two per day—almost seven weeks before Election Day.

And, then, just to make sure that Chevron’s urgent message is getting through, we’ve also been called by pollsters. They claim to be surveying  opinion about Richmond politics, but actually just recite the contents of these same Moving Forward mailers over the phone.

My favorite manifestation of this negative campaigning involves a Latino candidate for Richmond City council. His name is Eduardo Martinez and remembering the Eduardo part is important. By some strange coincidence, Moving Forward—the Chevron-backed “Coalition of Labor Unions, Small Businesses, Public Safety and Firefighters Associations”—is backing another Martinez for city council whose first name is Al and who is apparently not a public safety threat.

One Martinez Too Many

Eduardo, the dangerous Martinez, is a retired public school teacher and registered Democrat. He’s silver-haired, soft spoken, neatly dressed, and rather distinguished looking. For years, he has devoted himself to good causes in Richmond, including serving on the city planning commission. On that body, he has been an influential voice for Richmond’s Environmental Justice Coalition.

Earlier this summer, for example, he voted to impose additional air quality and safety requirements on Chevron, in return for city approval of its long-delayed $1 billion refinery modernization plan. This project was finally OKed by the city council majority in July after some improvements were obtained, plus $90 million in Chevron-funded “community benefits.”

Chevron did not forget that Martinez—Eduardo, not Al—helped to challenge and change its original blueprint for “modernization,” a project that will employ 1,000 building trades workers. And that’s why Richmond voters have just discovered, via expensive mass mailers and phone calls, that Eduardo Martinez is really a wolf in sheep’s clothing.

This alarming news first arrived in the form of a lurid four-color mailer, with a cover picture of “Black Bloc” demonstrators wearing face-masks and brandishing shields on behalf of the “99%” three years ago.  Inside, 65-year old Martinez is fingered as a fellow “Occupy Oakland member, who believes that anarchy is the highest form of government.” In a second “hit piece” a few days later, Chevron—through its “Moving Forward” front group–claimed that, after enlisting in Occupy, Martinez urged others “to join the group, which has been blamed for violent protests that cost Oakland more than $5 million, hurt local businesses, and drove away new business.”

Abolish The City Council?

This mailer again displayed a glowering, angry-looking headshot of Martinez—one of three appearing in the first piece (which made him look a little bit like the late Leon Trotsky, who was no anarchist). The second brochure noted that “Richmond needs new businesses and jobs” but, with a card-carrying “anarchist” on its council, the city won’t be able to attract either. The bottom line: “Eduardo Martinez is too radical for Richmond.” For more details, readers are directed to a Moving Forward website – www.NoEduardo.com – where we learn that Martinez is “so radical that he does not think the city council should exist”—a truly unusual stance for any city council candidate anywhere.

Just as these dire warnings landed in the mailbox, my home phone started ringing. It was Research America, a Sacramento-based pollster, calling to discuss local politics. Who was paying for this opinion survey, I asked. Oh we can’t disclose that, my would-be interviewer said, but you can talk to my supervisor. Her supervisor didn’t know or wouldn’t say who was behind the call either, disclosing only that Research America had been retained by EMC Research, a firm based in Oakland, who was acting on behalf of some third party whose identity could not be revealed in order to “maintain as much impartiality as possible” in the polling.

I objected to this policy of client anonymity but asked the supervisor to put her subordinate back on the line.  OK, I said, what do you want to know? Actually, she had some things that Research America/EMC wanted me to know like, for example, that Martinez and his “Team Richmond” running-mate, Gayle McLaughlin, were part of “an extreme left wing group called the Richmond Progressive Alliance. It’s a group of radicals out of touch with Richmond voters.”

Stop right there, I said. How could that be? McLaughlin has twice been elected mayor of Richmond, and once before that to the city council.  Martinez only narrowly lost his previous council race two years ago. How “out of touch” could they be with a won/loss record of 3 to 1 between them? Besides, I said, “I belong to the RPA and I’m a Richmond voter. Does that mean I’m ‘out of touch’ with myself?

Push Polling Paymasters

My good-natured interlocutor at Research America plodded through the rest of her dreary task—which consisted of reading and asking my reaction to a long series of questions or statements, almost all of which deliberately misrepresented the political views, personal behavior, or public record of Martinez, Mayor McLaughlin, and Richmond Vice-Mayor Jovanka Beckles, a third RPA-backed council candidate.

The Occupy-related scuffles in downtown Oakland in 2011, which Martinez had no connection with, were duly revisited.  Anyone who didn’t know the RPA candidates personally—or hadn’t bothered to follow Richmond issues very closely—would have been left with a distinctly unfavorable impression of Martinez, McLaughlin, and Beckles.

Eager to confirm the identify of those displaying such “impartiality” while conducting a public opinion survey, I called and/or emailed Research America in Sacramento, EMC Research in Oakland, Chevron in Richmond, Moving Forward in San Rafael, and the firm of Whitehurst/Mosher, a key Chevron advisor, in San Francisco. Whitehurst/Mosher is listed as a paid “campaign consultant” on the California Fair Political Practices Commission Form 460, filed on July 30, which shows Chevron ponying up $1.6 million, all by itself, for the Moving Forward “coalition.” Neither Research America or EMC are listed yet as “payees” for any services rendered.

None of the above, except EMC responded, in any form, by Beyond Chron’s deadline. Reached by phone, EMC president and founder Alex Evans told me he has been a pollster since 1984 but would “neither confirm or deny” that Chevron/Moving Forward was currently his client. A Richmond city councilor in the late 1990s, Evans also wouldn’t acknowledge any past work for the oil company, before, during, or after his council service. “We have no disclosure obligations, no professional obligation to disclose unless directed by our client,” he said. (According to longtime Richmond council member and current mayoral candidate, Tom Butt, Evans is a Chevron pollster.)

These calls were necessary because, as Evans correctly noted, there is no mandated disclosure of who is financing phone polling, no matter how propagandistic.  Corporations or unions bankrolling “independent expenditure” committees–like Chevron’s Moving Forward—have to put their names on the direct mail brochures they send out to sway the electorate (and, in California, report their funding sources to the FPPC.)  But their hired “public opinion” surveyors are free to engage in “push polling,” with complete funder anonymity, until the next round of FPPC form-filing months later.

Aren’t You That Anarchist?

Two years ago, Eduardo Martinez was first runner up in a large field of Richmond council candidates, falling about 500 votes short. When one of the three winners died shortly after that election, Martinez should have been named to fill the vacancy– based on the 11,000 votes he received and the fact that the city’s Latino population, its largest ethnic minority, has no council representation. (Martinez chairs the Richmond chapter of MAPA–the Mexican-American Political Association.)

Instead, a non-Latino who received half the votes that Martinez got—but who doesn’t belong to the RPA —was appointed to the council for the next two years. This led Eduardo to run for city council again this year, as part of the three-person slate which includes RPA leader Gayle McLaughlin, a registered California Green, who is termed out, as mayor, after eight years in that office.

When Martinez was out campaigning last weekend, he made stops at a neighborhood block party, a local Democratic Party club, and a Pt. Richmond fundraiser for his campaign. At the block party, after he mingled and chatted affably with potential voters, one confessed to him: “You know, talking to you is not the same as reading about you.”

At the meeting of West County Democrats, Martinez tried to convince his fellow party members that his personal refusal to accept corporate donations made him a good candidate for local Democrats to endorse. Both he and Beckles, who was also seeking the club’s backing, pointed out that Chevron’s massive display of unfettered (and, in some forms, hidden) political spending illustrated the post-Citizens United threat to reform candidates throughout the country, regardless of party label. Their plea fell on partially deaf ears. Neither RPA candidate got the 2/3 vote necessary for the group’s endorsement.

On Sunday, Martinez was raising funds the old-fashioned way, one-on-one, at a house party attended by Richmond residents. The donations were modest, but there was a silent auction to boost the take. In his 2012 race, Martinez raised about $35,000–$20,000 coming from individual donors and $15,000 in local public matching funds. He expects to raise and spend a similar amount in the course of this year’s run for office.

It’s easy to do the electoral math. Eduardo’s total spending will be in the range of $1 per voter, if turnout is similar to last time. Meanwhile, Moving Forward will be spending more than $50 per voter, for its four preferred Richmond candidates, and possibly much more. Already, Chevron’s “independent expenditures” on behalf of the other Martinez have given him instant visibility via billboards, direct mail, other advertising, and, soon, paid canvassing as well. None of this activity has, of course, been “authorized” by or coordinated with any of its lucky beneficiaries—and certainly not the “push polling” that depicts a local progressive Democrat as an “anarchist,” of the violent and irresponsible sort.

But it sure makes running for municipal office a lot easier if your name is Al rather than Eduardo Martinez. If the latter suffers a second defeat on Nov. 4, he won’t be the only loser in Richmond.

Steve Early lives in Richmond and belongs to its ten-year-old Progressive Alliance. He is the author of Save Our Unions (Monthly Review Press, 2013) and is now researching a book about recent political changes and environmental conflicts in Richmond.

Letter from railroad attorneys to Governor Brown: in effect, ‘You can do nothing’

Letter from Union Pacific & BNSF attorneys to Governor Brown

By Roger Straw, Editor, The Benicia Independent

On September 15, 2014, San Francisco Baykeeper offered highly critical comments to the City of Benicia on Valero’s Draft EIR. With their comments, Baykeeper attached a VERY interesting letter from attorneys for the two railroads that operate in California, claiming that preemption under The Federal Rail Safety Act and the Interstate Commerce Commission Termination Act render the State of California pretty much helpless in protecting against oil spill prevention and emergency response.

The letter specifically holds that the Federal Clean Water Act is useless as a preemption workaround.

Addressed to Dana Williamson, Cabinet Secretary in Governor Brown’s office and dated July 3, 2014, the letter addresses issues discussed in a June 18, 2014 meeting between Ms. Williamson and the lawfirm Latham & Watkins.   The letter is signed by Maureen E. Mahoney of Latham & Watkins LLP, Counsel for Union Pacific Railroad Co. and BNSF Railway Co.

Note that this document is lawyer-talk, and I am not versed in legalese, so I hope my interpretation in the previous paragraph is accurate.  I’m advised by a local activist attorney that the document is significant, so am posting it here to highlight the rail industry’s views and their efforts to influence decision-makers in Benicia and elsewhere in California.

Vancouver City Council passes oil moratorium

Repost from The Columbian

Vancouver City Council passes oil moratorium

Unanimous vote approves emergency six-month measure
By Stephanie Rice, September 11, 2014
An oil train passes through Vancouver. The Vancouver City Council on Thursday unanimously passed an emergency six-month moratorium on new or expanded facilities that would accept crude oil. The moratorium won’t affect the oil transfer terminal proposed by Tesoro Corp. and Savage Companies that’s currently under review by the state. (Steven Lane/The Columbian)

The Vancouver City Council on Thursday unanimously passed an emergency six-month moratorium on new or expanded facilities that would accept crude oil.

The moratorium won’t affect the oil transfer terminal proposed by Tesoro Corp. and Savage Companies that’s currently under review by the state.

While the six-month moratorium was straightforward — a public hearing will be Oct. 20, and it will expire March 10, 2015, unless extended by the council — a last-minute filing muddied the issue.

The special council meeting was announced Wednesday in accordance with a state law requiring 24-hour public notice. It was meant to head off plans by NuStar Energy L.P. of San Antonio to apply to start storing crude oil at its two bulk tank terminals in Vancouver, one at the port and one at 5420 Fruit Valley Road.

At 3:30 p.m. Wednesday, a preliminary application was filed by NuStar with the city, said Brent Boger, an assistant city attorney.

Boger said he doesn’t know whether a pre-application qualifies the project as vested, and therefore exempt from the moratorium.

A pre-application signals interest to do a project in the city. During a pre-application conference, the applicant learns what the city would require before permits would be issued so the applicant can decide whether to go forward with an application.

Without a moratorium, NuStar would be allowed to store crude oil under current city zoning, Boger said.

Jon Wagner, a senior planner, told the council he hadn’t had enough time to thoroughly review the thick packet submitted by NuStar.

NuStar has handled jet fuel, antifreeze, diesel, methanol and other products at its Vancouver terminals, but not crude oil. In April, NuStar submitted an application for an air quality permit with the Southwest Clean Air Agency to convert a tank at each of its locations to handle crude oil.

The terminals would receive oil by rail, and then ship it out by barge.

NuStar spokesman Chris Cho said Thursday the potential crude-by-rail project at the Vancouver terminal is in the early stages of development, but a pre-application was submitted for a building permit to start the lengthy permitting process.

“If we receive regulatory approvals to build the facility, we anticipate it would handle an average of 22,000 barrels per day — approximately one-third the capacity of one unit train per day,” Cho said. “This project would provide revenue to the port, create jobs, bring more low-cost crude to the region, and further support U.S. energy independence. It would also be a state-of-the-art facility that would be operated safely, in accordance with NuStar’s very high safety standards,” Cho said.

Cho emphasized that NuStar operates rail facilities at many terminals and invests in safety equipment, technology and specialized training for employees and ensures trains comply with all regulatory safety standards.

Aside from the NuStar questions, the council focused on wanting the six months to discuss how crude petroleum facilities should be regulated. The proposed moratorium referenced Bakken crude oil, but Councilor Anne McEnerny-Ogle suggested the moratorium cover all crude oil facilities and other councilors agreed.

The only councilor who objected to the moratorium was Bill Turlay, but he changed his mind and voted with his six peers.

Initially, Turlay, speaking to the audience that filled the council chambers, said he remembers when many of them showed up to protest coal trains.

Now it’s oil trains, he said.

Critics of the Tesoro-Savage facility cite many concerns, including potential oil spills, the volatility of North Dakota Bakken crude and global climate change.

Turlay, who believes that carbon dioxide has only a negligible effect on climate change, said instead of rushing to a moratorium he wants a public debate about causes of climate change. His comments prompted laughter and groans from the audience.

Turlay said he does have concern about safety, but trusts the rigorous review by the Washington State Energy Facility Site Evaluation Council weeds out any dangerous proposals.

Councilor Jack Burkman pointed out to Turlay that smaller projects need city, not state, approval. Those smaller projects don’t have to be reviewed by the state evaluation council, and that’s the point of enacting a moratorium.

Councilor Alishia Topper told Turlay the council was doing what he said he wanted, which was to slow down and carefully weigh the pros and cons of additional regulations.

When it came time for roll call, Turlay said he changed his mind and voted “yes.”

In June, the City Council voted to formally intervene in the EFSEC process, a legal maneuver giving the city the right to present evidence and appeal.

The council also approved a broad policy statement opposing any proposal that would result in an increase of Bakken crude oil being hauled through Clark County.

Tesoro-Savage wants to build an oil-by-rail terminal that would receive an average of 360,000 barrels of crude per day at the port.

Eventually, the evaluation council will make a recommendation to Gov. Jay Inslee, who will approve or deny the project.

While the city’s moratorium won’t stop the Tesoro-Savage project, Vancouver resident Jim Luce, a former chairman of EFSEC who opposes the oil terminal, said it could influence Inslee.

“It sends a signal to the state — and the governor — that the Vancouver City Council is not enthusiastic about siting oil terminals in its backyard,” Luce said Thursday.

Erin Middlewood contributed to this article.