Repost from KQED News [Editor: Significant quote: “The risk of these tiny particles getting into people’s lungs is yet another example of the dangers of living near a dirty refinery,” said Hollin Kretzmann, a staff attorney at the Center for Biological Diversity. “Communities should not have to be afraid of breathing in pollution that could affect their health.” – R.S.]
Air District Hits Valero With Violations Over Benicia Refinery Releases
By Ted Goldberg, Mar 15, 2019
A sooty plume, containing petroleum coke particulates, emerging from flare stacks this week at Valero’s Benicia refinery. (Solano County Department of Resource Management)
Local air regulators have issued seven notices of violation against the Valero Energy Corp. over a malfunction at its Benicia refinery that has led to the release of petroleum coke dust from the facility since Monday.
The problem has led to a response by four agencies: the Bay Area Air Quality Management District and Solano County health officials have launched investigations into the releases; the U.S. Environmental Protection Administration and the Benicia Fire Department are monitoring the situation.
It’s unclear how long the problem will last.
“Valero is telling us they are unable to give an estimate of when it will be resolved,” said Benicia Fire Chief Josh Chadwick.
A Valero representative says the malfunction is tied to a device that removes particulates during a process that takes place inside the refinery.
“We have been experiencing operational issues with the flue gas scrubber,” said company spokeswoman Lillian Riojas.
That led to so-called coke fines — very small carbon particulates that are a byproduct of the oil refining process — being released from the refinery’s flare stacks.
Normally, warm water vapor moves through the refinery’s towers and exits the stacks as steam, but the petcoke particulates make the plume appear dark and sooty.
“The fines remained in the raw exhaust gas,” said Professor Eric Smith, associate director of the Tulane Energy Institute, specializing in refinery operations.
“The dark smoke will continue until all of the fines in the lines leading to the exhaust stack have been cleared from the system,” Smith said.
While the material is not hazardous, the releases could include trace amounts of heavy metals, according to Terry Schmidtbauer, Solano County’s assistant director of resource management.
Valero’s Riojas did not respond to follow-up questions about the status of the scrubber that led to this week’s releases, but Benicia Fire’s Chadwick said Friday that “the maintenance issue has been resolved.”
So far, air tests have not raised concerns among the agencies monitoring the site. Crews have not detected high levels of sulfur dioxide, nitrogen dioxide or particulate matter, according to Chadwick.
And Schmidtbauer says the situation is slowly improving — the amount of coke dust coming from the facility has been lessening.
Nevertheless, the air district has issued four notices of violation against Valero for visible emissions and three for public nuisance, agency spokesman Ralph Borrmann said.
The U.S. EPA says significant quantities of dust from pet coke can present a health risk.
“The risk of these tiny particles getting into people’s lungs is yet another example of the dangers of living near a dirty refinery,” said Hollin Kretzmann, a staff attorney at the Center for Biological Diversity. “Communities should not have to be afraid of breathing in pollution that could affect their health.”
The problem represents one of the more extensive malfunctions at the refinery since it lost all power on May 5, 2017, an event that led to a major release of pollution, shelter-in-place and evacuation orders.
Union Pacific still investigating cause of derailment Saturday
By George Johnston, September 29, 2017
A Union Pacific Railroad train derailed in Benicia on Saturday afternoon [September 23, 2017].
The train, consisting of nine hopper cars, derailed near Bayshore Road in the Benicia Industrial Park around 3:40 p.m. No injuries were reported from the incident, and no hazardous materials were spilled. Union Pacific Railroad is currently investigating the situation, representatives for the company said.
Since 2013, at least six train derailments have been reported in the Industrial Park. The most recent prior to Saturday’s accident included two over the course of a week last October. In all instances, no injuries or spillages were reported.
Repost from the Benicia Herald Online [Editor: For Tuesday’s comments on Valero Crude By Rail by Marilyn Bardet and Planning Commissioner and City Council candidate Steve Young, skip down to the red bullet. – RS]
Council hears about crude by rail, water infrastructure and EMS costs Tuesday
By Elizabeth Warnimont, July 7, 2016
At its regular meeting Tuesday, Benicia City Council had a busy meeting with lots of activity. First, the Council recognized the Parks and Community Services Department with a proclamation declaring July, 2016 as “Parks Make Life Better Month,” in conjunction with the statewide designation. Parks, Recreation and Cemetery Commission member Rich Payne accepted the proclamation from Mayor Elizabeth Patterson and the City Council.
The Council also confirmed Johanna Ely as Benicia’s sixth poet laureate. Ely spoke briefly about the activities and aims of the laureate program and read a selection of poetry including one titled, “Ode to the Library.”
The final item preceding the council’s consent calendar was a presentation by Assistant Public Works Director Christian Di Renzo on advanced metering infrastructure. Di Renzo provided an overview of the systems currently being considered by the city, outlined the benefits of acquiring a new, electronic metering system, and answered questions posed by the council and a member of the public.
• Public comment
Marilyn Bardet
During the public comment period, Marilyn Bardet showed the council photos of both the aftermath of the recent Mosier, Ore. train derailment and explosion as well as some of the Union Pacific track and refuse currently visible in Benicia that she felt were of concern. One photo showed piles of black powder that Bardet referred to as coke dust that has spilled from hopper cars on railroad tracks near Bayshore Road in Benicia, and one showed warped track rail near the trestle towers, among other photos of concern. Bardet pointed out that the discarded railroad ties in one photo presented a fire hazard due to their creosote content.
Bardet suggested that these items be considered for remediation.
Benicia Planning Commissioner Steve Young, candidate for Benicia City Council
Benicia Planning Commissioner Steve Young also addressed the Council, as a resident, about the June 23 preliminary findings concerning the recent Oregon crude oil train derailment.
The involved, Dot-111 tank cars, modified to 1232 standards, were equipped with full height head shields and metal jackets with insulation. These cars are commonly referred to as jacketed 1232s. During the derailment, a coupler struck one car, mechanically puncturing it. This puncture allowed crude oil to come in contact with an ignition source, leading to a fire that burned for approximately 14 hours.
The four cars involved in the fire were the punctured car and three additional tank cars, two that had their bottom outlet valves sheared off by the derailment and one car with the gasket melted out from under the manway cover.
The Valero proposal, Young pointed out, calls for the use of non-jacketed 1232 cars. These have no full-height head shields and no jackets with insulation. Another concern is the bottom release valves, a common source of ignition in derailment incidents. These valves shear off, causing a leak and then the subsequent fire. The more advanced tank cars have the valve located on top.
Young reminded the Council that Valero is proposing to buy or lease these tank cars. If safety is truly Valero’s first priority, he suggested, then the added expense of choosing safer cars would certainly seem to be worth any added expense. He asked that the Council consider these issues when it addresses the proposal again in September. He added that an even safer car, the Dot-117, will be required by federal law by the year 2020, and suggested that again, in the interest of safety, Valero might consider opting for that model.
SONET The Council approved a resolution to accept a Memorandum of Understanding (MOU) with the Solano County Sheriff’s Office regarding the Benicia Police Department hiring of a full time Sheriff’s Office Narcotics Enforcement Team (SONET) officer, who would report to the SONET sergeant. The officer’s salary would be provided by the sheriff’s office. A resolution approving the MOU was approved by unanimous vote.
First responder fee overview Benicia Fire Chief Jim Lydon presented the Council with a report on the option for the fire department to begin assessing fees for services provided by its Emergency Medical Services (EMS) team. The department would collect insurance coverage information from patients at the point of service and hand them a notice stating that they would be contacting their insurance companies on their behalf.
Chief Lydon emphasized that the department would utilize compassionate billing, which means that the insurance portion of any incurred costs would be considered payment in full, and that fees would only be assessed for services and not for transportation, which is currently provided by an outside ambulance company. He also noted that no patients would be billed directly from the fire department, regardless of their insurance coverage status.
Councilmember Tom Campbell expressed concern over the legality of the compassionate billing procedure and Chief Lydon agreed to investigate that topic further, though he noted that Bay Area cities already following that procedure have not yet encountered problems, to his knowledge.
The presentation was intended to be strictly informational. The fire department desired direction from council as to whether or not to pursue the idea, and council indicated that they should proceed.
PG&E exit fees Councilmember Alan Schwartzman provided the Council with some information pertaining to a proposal to submit a letter to the California Public Utilities Commission (CPUC) regarding the Power Charge Indifference Adjustment (PCIA) fee, essentially an exit fee, charged by Pacific Gas & Electric to customers who have switched to Community Choice Aggregation (CCA) providers such as Marin Clean Energy (MCE).
Schwartzman, an MCE board member as it happens, began by reading from the staff report accompanying the City Council agenda, a complete copy of which is available by visiting the city of Benicia web site under Agendas and Minutes, or by calling the city at 746-4200. Schwartzman’s reading is paraphrased here:
MCE has requested that the city of Benicia submit a letter to the CPUC regarding the PCIA charge increase. The CPUC has consistently denied adequate public input to discuss the fee. Earlier this year, PG&E increased this fee by 95 percent. The proposed letter asks the CPUC to provide a venue for public input. The charge is assessed by PG&E on a per-kilowatt basis to cover power generation costs acquired prior to a customer’s change in service provider.
Schwartzman explained that PG&E procures energy based on anticipated need, so that when customers switch away from PG&E, the company is left with the cost burden of the energy it has already acquired, without corresponding reimbursement from customers.
The CPUC approved the increases at a public meeting, but without allowing CCAs access to the data they would need in order to effectively predict the amount of the fee, information which they would like to be able to pass along to their customers. All CCAs are currently working with the CPUC and Investor-Owned Utilities (IOUs), in order to inform customers how the PCIA fees are calculated and to remain cost competitive.
MCE is asking the city of Benicia to request that the CPUC allow a workshop for public input in order to fairly deal with the PCIA fee.
A motion to approve the submittal of the letter was approved by unanimous vote.
More information A complete copy of the meeting agenda is available at the city of Benicia website at ci.benicia.ca.us or by calling the city at 746-4200. Minutes of the meeting are typically available about two weeks after the date of the meeting. The next City Council meeting will take place Tuesday, July 19 at Council Chambers, City Hall, 250 East L St., beginning at 7 p.m.
Repost from FracTracker [Editor: Although the Map of CA Crude by Rail Terminals needs to be updated with information about Valero Benicia’s proposed crude by rail terminal, this is a highly recommended, carefully researched report out of the Center for Science, Technology and Society, Drexel University. – RS]
CA Refineries: Sources of Oil and Crude-by-Rail Terminals
By Kyle Ferrar and Kirk Jalbert, May 23, 2016
Refineries in California plan to increase capacity and refine more Bakken Shale crude oil and Canadian tar sands bitumen. However, CA’s refinery communities that already bear a disparate amount of the burden (the refinery corridor along the north shore of the East Bay) will be more impacted than they were previously. New crude-by-rail terminals will put additional Californians at risk of accidents such as spills, derailments, and explosions. Additionally, air quality in refinery communities will be further degraded as refineries change to lower quality sources of crude oil. Below we discuss where the raw crude oil originates, why people are concerned about crude-by-rail projects, and what CA communities are doing to protect themselves. We also discuss our GIS analysis, showing the number of Californians living within the half-mile blast zones of the rail lines that currently are or will be supported by the new and existing crude by rail terminal projects.
Sources of Raw Crude Oil
Predictions project that sources of raw crude oil are shifting to the energy intensive Bakken formation and Canadian Tar Sands. The Borealis Centre estimates an 800% increase of tar sands oil in CA refineries over the next 25 years (NRDC, 2015). The increase in raw material from these isolated locations means new routes are necessary to transport the crude to refineries. New pipelines and crude-by-rail facilities would be necessary, specifically in locations where there are not marine terminals such as the Central Valley and Central Coast of CA. The cheapest way for operators in the Canadian Tar Sands and North Dakota’s Bakken Shale to get their raw crude to CA’s refinery markets is by railroad (30% less than shipping by marine routes from ports in Oregon and Washington), but this process also presents several issues.California’s once plentiful oil reserves of locally extracted crude are dwindling and nearing depletion. Since 1985, crude extraction in CA has dropped by half. Production from Alaska has dropped even more, from 2 million B/D (barrels per day) to around 500,000 B/D. The 1.9 million B/D refining capacity in CA is looking for new sources of fuels. Refineries continue to supplement crude feedstock with oil from other sources, and the majority has been coming from overseas, specifically Iraq and Saudi Arabia. This trend is shown in figure 1:
CA Crude by Rail
More than 1 million children — 250,000 in the East Bay — attend school within one mile of a current or proposed oil train line (CBD, 2015). Using this “oil train blast zone” map developed by ForestEthics (now called Stand) you can explore the various areas at risk in the US if there was an oil train explosion along a rail line. Unfortunately, there are environmental injustices that exist for communities living along the rail lines that would be transporting the crude according to another ForestEthics report.
The specific focus of the map in Figure 2 is the five proposed and eight existing crude-by-rail terminals that allow oil rail cars to unload at the refineries. The eight existing rail terminals have a combined capacity of 496,000 barrels. Combined, the 15 terminals would increase CA’s crude imports to over 1 million B/D by rail. The currently active terminals are shown with red markers. Proposed terminals are shown with orange markers, and inactive terminals with yellow markers. Much of the data on terminals was taken from the Oil Change International Crude by Rail Map, which covers the entire U.S.
The same type of facility is currently operating in the East Bay’s refinery corridor in Richmond, CA. The Kinder Morgan Richmond terminal was repurposed from handling ethanol to crude oil, but with no public notice. The terminal began operating without conducting an Environmental Impact Report (EIR) or public review of the permit. Unfortunately, this anti-transparent process was similar to a tactic used by another facility in Kern County. The relatively new (November 2014) terminal in Taft, CA operated by Plains All American Pipeline LLC also did not conduct an EIR, and the permit is being challenged on the grounds of not following the CA Environmental Quality Act (CEQA).
EIRs are an important component of the permitting process for any hydrocarbon-related facility. In April 2015 in Pittsburg, for example, a proposed 50,000 B/D terminal at the WesPac Midstream LLC’s railyard was abandoned due to community resistance and criticism over the EIR from the State Attorney General, along with the larger proposal of a 192,000 B/D marine terminal.
Crude-by-rail terminals bring with them not only the threat of derailments and the risk of other such accidents, but the terminals are also a source of air emissions. Terminals – both rail and marine – are major sources of PAH’s (polycyclic aromatic hydrocarbons). The Sacramento Valley Railroad (SAV) Patriot rail oil terminal at a business park on the former McClellan Air Force Base property actually had its operating permit withdrawn by Sacramento air quality regulators due to this issue (read more). The terminal was unloading and reloading oil tanker cars.
FracTracker’s recent report, Emissions in the Refinery Corridor, shows that the refineries in this region are the major point source for emissions of both cancer and non-cancer risk drivers in the region. These air pollution sources get worse, however. According to the report by NRDC, changing the source of crude feedstock to increased amounts of Canadian Tar Sands oil and Bakken Shale oil would:
… increase the levels of highly toxic fugitive emissions; heavy emissions of particulate, metals, and benzene; result in a higher risk of refinery accidents; and the accumulation of petroleum coke* (a coal-like, dusty byproduct of heavy oil refining linked to severe respiratory impacts). This possibility would exacerbate the harmful health effects faced by the thousands of low-income families that currently live around the edges of California’s refineries. These effects are likely to include harmful impacts to eyes, skin, and the nervous and respiratory systems. Read NRDC Report
The contribution to climate change from accessing the tar sands also needs to be considered. Extracting tar sands is estimated to release on average 17% average more green-house gas (GHG) emissions than conventional oil extraction operations in the U.S., according to the U.S. Department of State. (Greenhouse gases are gases that trap heat in the atmosphere, contributing to climate change on a global scale.) The refining process, too, has a larger environmental / public health footprint; refining the tar sands to produce gasoline or diesel generates an average of 81% more GHGs (U.S. Dept of State. Appendix W. 2015). In total this results in a much larger climate impact (NRDC, NextGen Climate, Forest Ethics. 2015).
Local Fights
People opposed to CA crude by rail have been fighting the railway terminal proposals on several fronts. In Benicia, Valero’s proposal for a rail terminal was denied by the city’s Planning Commission, and the project’s environmental impact report was denied, as well. The city of Benicia, however, hired lawyers to ensure that the railway projects are built. The legality of railway development is protected regardless of the impacts of what the rails may be used to ship. This legal principle is referred to as “preemption,” which means the federal permitting prevents state or local actions from trying to limit or block development. In this case, community and environmental advocacy groups such as Communities for a Better Environment, the Natural Resources Defense Council, and the Stanford-Mills Law Project all agree the “preemption” doctrine doesn’t apply here. They believe preemption does not disallow the city or other local governments from blocking land use permits for the refinery expansion and crude terminals that unload the train cars at the refinery.
The fight for local communities along the rail-lines is more complicated when the refinery is far way, under the jurisdiction of other municipalities. Such is the case for the Phillips 66 Santa Maria Refinery, located on California State Highway 1 on the Nipomo Mesa. The Santa Maria refinery is requesting land use permits to extend track to the Union Pacific Railway that transits CA’s central coast. The extension is necessary to bring the rail cars to the proposed rail terminal. This project would not just increase traffic within San Luis Obispo, but for the entirety of the rail line, which passes directly through the East Bay. The project would mean an 80-car train carrying 2 million gallons of Bakken Crude would travel through the East Bay from Richmond through Berekely and Emeryville to Jack London Square and then south through Oakland and the South Bay. This would occur 3 to 5 times per week. In San Luis Obispo county 88,377 people live within the half-mile blast zone of the railroad tracks.
In January, the San Luis Obispo County Planning Department proposed to deny Phillips 66 the permits necessary for the rail spur and terminals. This decision was not easy, as Phillips 66, a corporation ranked Number 7 on the Fortune 500 list, has fought the decision. The discussion remained open with many days of meetings, but the majority of the San Luis Obispo Planning Commission spoke in favor of the proposal at a meeting Monday, May 16. There is overwhelming opposition to the rail spur project coming from 250 miles away in Berkeley, CA. In 2014, the Berkeley and Richmond city councils voted to oppose all transport of crude oil through the East Bay. Without the rail spur approval, Phillips 66 declared the Santa Maria refinery would otherwise transport oil from Kern County via 100 trucks per day. Learn more about this project.
GIS Analysis
GIS techniques were used to estimate the number of Californians living in the half mile “at risk” blast zone in the communities hosting the crude-by-rail lines. First, we estimated the total population of Californians living a half mile from the BNSF and UP rail lines that could potentially transport crude trains. Next, we limited our study area to just the East Bay refinery corridor, which included Contra Costa and the city of Benicia in Solano County. Then, we estimated the number of Californians that would be living near rail lines if the Phillips 66 Santa Maria refinery crude by rail project is approved and becomes operational. The results are shown below:
Population living within a half mile of rail lines throughout all of California: 6,900,000
Population living within a half mile of rail lines in CA’s East Bay refinery communities: 198,000
Population living within a half mile of rail lines along the UP lines connecting Richmond, CA to the Phillips 66 Santa Maria refinery: 930,000
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