Category Archives: Public permitting

KCRA: Residents voice concerns over proposed rail transport in Benicia

Repost from KCRA News, Sacramento
[Editor:  This report suffers from a few errors of fact, but is a welcome bit of coverage.  Very few news reports have surfaced following last night’s important hearing.  I wasn’t able to embed the video of reporter Tom Miller.  Go to KCRA to watch.  – RS]

Residents voice concerns over proposed rail transport in Benicia

Two 50-car trains would move through cities like Sac, Davis

By Tom Miller, Feb 08, 2016 11:58 PM PST

KCRA 2016-02-08BENICIA, Calif. (KCRA) —A push to bring crude oil on trains through Northern California to the Bay Area has many residents in the towns and cities it would pass through worried about the environmental and safety risks that go with it.

Valero Energy Corporation is asking the Benicia Planning Commission to approve $55 million in upgrades to its local refinery.

The project would allow two 50-car trains, each carrying 35,000 barrels of crude oil, to unload at the refinery each day.

The crude would come from all over the continent and would be carried through major urban centers like Sacramento, Roseville and Davis.

“We are not confident that the cars that are being used for this transport will safely transport them through our communities, our sensitive habitat, along the rivers and streams in our region,” Yolo County Supervisor Don Saylor said.

According to Saylor, 500,000 people live within a half-mile of the tracks in El Dorado, Placer, Sacramento, Sutter, Yolo and Yuba counties.

An environmental impact report found eight “potentially significant impacts” that could be addressed with mitigation measures and 11 “significant and unavoidable impacts.”

Both categories include environmental effects on air quality and biological resources.

However, in the unavoidable impacts section, the report lists greenhouse gas emissions in addition to hazards and hazardous materials.

The report states the project could pose a significant threat to the public or environment in an accident involving a spill.

The report goes on to say, “Although the risk of such an occurrence is extremely low, the potential consequences of such an event could be extremely high.”

In 2013, 47 people were killed in Quebec, Canada, after a crude oil train derailed there.

Saylor is worried a similar incident could happen in Northern California.

“The highly volatile substances included within this transport could be very damaging to our communities, to our businesses (and) to our homeowners,” he said.

Valero insists that’s unlikely in Northern California. The company plans to use upgraded train cars and said its crude oil is less volatile.

“Some of the early concerns about rail safety are based on scenarios that wouldn’t exist in our project,” Valero’s Heath, Safety and Environment Director Chris Howe said.

The company, which contributes 20 percent of the money in Benicia’s general fund, currently employs 500 people within the city.

Howe said the upgrades at the refinery would create 120 temporary jobs during the anticipated five months of construction and 20 new, permanent jobs.

However, Howe said ultimately it is not Valero’s responsibility when it comes to assuring the public a disaster would not occur in Northern California.

“We look to the railroad to safely deliver that material to our refinery, but I point out that marine deliveries in the bay, much larger volumes, will be reduced in risk through the delivery of crude by rail,” he said.

Despite the environmental concerns, Benicia city staff recommended the planning commission approve the Valero project.

On Monday, Benicia City Hall was filled with more than a 100 people, hoping to weigh in on the proposal.

Elizabeth Lasensky carpooled from Davis with nearly a dozen others, hoping her anti crude-by-rail stance would be heard by the commissioners.

“Every time a train goes through, our probability is increased, and that’s just for an explosion,” Lasensky said. “We still have to deal with the air pollutants and the noise pollution.”

Because of the number of residents hoping to voice their concerns, the planning commission has scheduled public comment sessions every day through Thursday, when it’s expected to vote on the project.

Benicia city staff recommends approval of Valero oil trains

By Roger Straw, January 30, 2016
    • Staff dismisses comments by experts, residents, uprail communities
    • Staff recommends Planning Commission certify the EIR and approve the project
    • New procedures for speakers at public hearing on February 8 (See UPDATED version of Feb. 2 below.)
    • Your last chance to speak up – petition and hearing

On Thursday, January 28, 2016, Benicia staff released the agenda for the upcoming Planning Commission final hearings on Valero Crude by Rail.  Included along with the agenda was a 41-page staff report recommending approval of the project, and outlining a new sign-up procedure for those who want to comment at the public hearing.

Like the massive 3-volume Final Draft of the EIR, city staff chose to ignore critical input and to hide behind “federal preemption” in order to cater to the desires of our giant corporate neighbor, Valero.

Benicia residents are sorely disappointed with the decision of our city employees to disregard the health and safety of Benicians and others uprail in Davis, Sacramento and beyond.

The staff recommendation relies on the very same reasoning used by San Luis Obispo County staff to DENY a crude by rail project: what happens uprail can’t be controlled.  Because we can’t control Union Pacific, because only the Feds can have a say about rail shipping beyond local jurisdictions, we throw up our hands, while San Luis Obispo staff says, basically, ok, we’re not helpless, we can stop it HERE.

UPDATE: On Feb. 2, the City released a revised version of the procedures for signup, indicating that YOU MAY PHONE THE PLANNING DEPARTMENT AT 707-746-4280 IF IT IS NOT POSSIBLE TO SIGN UP IN PERSON.  You may also sign up another person who is unable to sign up in person. 

This is SO discouraging.  It’s tempting to throw up our hands in defeat … but not yet.  We have two more opportunities to make our wishes known:

  1. PETITION – Over 1300 of you have already signed the Safe Benicia petition.  If you have not yet signed, please do so now.  Go to http://bit.ly/StopValeroOilTrains.  Add your personal comments or just push the button.

2. THE FINAL PLANNING COMMISSION HEARING (Commissioners will VOTE after all are heard!)

Where:   Benicia City Council Chambers | 250 East L St. Benicia
When:     Feb. 8, gather at 5:00pm, hearings start 6:30pm
RSVP:      bit.ly/SafeBenicia
PETITION:  Over 1300 of you have already signed the Safe Benicia petition.  If you have not yet signed, please do so now.  Go to bit.ly/StopValeroOilTrains.  Add your personal comments or just push the button.
AGENDA: click here
STAFF REPORT (with recommendation for APPROVAL): click here
Note also:  Additional meetings are scheduled to hear public comment on Tuesday, February 9, Wednesday, February 10, and Thursday, February 11, 2016. These meetings will be held only as needed. If all public comment is provided and the Planning Commission takes action, the agenda item will be closed and the additional meeting(s) will be cancelled.
IF YOU WISH TO COMMENT DURING THE HEARING: Due to the large amount of public interest with this project, the City will be instituting a sign up system in order to speak during the public hearings. Interested members of the public will be allowed to speak in order of sign up. Sign ups will be available on the day of the meeting(s) from 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. at the Community Development Department, 250 East L Street, Benicia. At the  hearing, please go to the sign up table just outside of the Council Chambers. Your name will be called in the order in which you signed up. You do not have to sign up in order to speak.  However, you will not be called on until those who have signed up have spoken. In order to accommodate the public, we have arranged for overflow rooms in City Hall with the hearing streaming for you to view and listen. You can also view the event live from the City’s website. http://www.ci.benicia.ca.us/index.asp?Type=B_BASIC&SEC={FD712CCF-B69D-4DE4-B704-CD9E825B3187}

Benicia Mayor: Public comment period closed – now what?

From an email by Benicia California Mayor Elizabeth Patterson
November 5, 2015

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Public Comment Period Closed on Recirculated Draft Environmental Impact Report for Valero Proposed Crude by Rail Project. 


What happens next?

Last week the extended Valero Crude by Rail Recirculated Draft Environmental Impact Report (RDEIR) public comment period closed.  People are asking, “now what?”.

Following are some of the scenarios that could happen.  The list is in no way indicative of my thoughts or opinions and I have not asked for validation of any of the following scenarios by city staff.  But the list does represent some of the questions and scenarios being asked by the public.  I anticipate these kinds of questions will be raised at the Planning Commission hearing on the FEIR and project.  I take full responsibility for any errors and will correct such in future e-Alert update on Crude by Rail.

Scenarios:

1.  The staff and environmental consultants will estimate the work needed to respond to all the comments on both the original draft EIR and the RDEIR and advise the applicant.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

Or the applicant could appeal the staff decision.  I believe the appeal would be heard by the Planning Commission.  If they agreed with staff, the applicant could appeal to Council seeking relief from the staff and PC decision.  There would be no work done until the appeal is heard or the applicant agrees to fund the response document.  Read further for other permutations of further “delay”.

2.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

The public can comment at the Planning Commission FEIR hearing or in writing prior to the public hearing.  Generally, good practice is  staff (consultants) respond at the FEIR hearing which can be verbal or the item can be continued for written response though technically this is not like the draft EIR process.

Staff, consultants and outside attorney would prepare findings to be considered by the Planning Commission.  In the past for other projects the city sometimes has provided both possibilities for findings:  findings that the FEIR is adequate or findings that it is not.  The Planning Commission can find the FEIR adequate to decide on the project.  The Planning Commission could find that the FEIR is an adequate – though not a perfect assessment of the physical effects on the environment – and approve or deny the project.

The Planning Commission could find that the FEIR is not adequate for a decision to approve or deny.

Conventional wisdom is that either decision would be appealed.

3.  There can be an appeal at any step described above including decisions by staff and Planning Commission.  Appeals of staff go to the Planning Commission and their decision can be appealed to the City Council.  If any appeal moves forward, the City Council would have public hearing on any of the staff decisions and/or Planning Commission regarding the FEIR and the project.  The City Council could uphold the decisions of the staff and/or Planning Commission as in scenario #2 or not.

Depending on these actions and decisions there could be legal action.  Until legally decided, there would be no work done to advance the project process and staff time and effort would be to respond to legal action.

5.  Some experts and written opinions from the federal Surface Transportation Board and some legal opinions assert that if the California Environmental Quality Act (CEQA) causes undue delay in rail transportation, that the feds could act preemptively and “overrule” CEQA.  Others suggest that that does not apply to local land use permits.  Others may have more information on how this process would work.

6.  City Council could certify the FEIR and deny or approve the project.  Conventional wisdom is that there would be a lawsuit challenging the decision based on CEQA and local permitting process.  The city is indemnified by the agreement with the applicant, meaning the applicant pays for all legal defense.  Some lead agencies hire the defense attorneys and the applicant pays for the defense.  Other lead agencies have been known to let the applicant choose the attorneys and pay directly for the defense.  The city is the lead agency.

7.  The applicant chooses not to pay for the defense of the CEQA document and land use permit law suit.  City stops the processing and defense.  There is a time factor involved in CEQA lawsuits.

The best place to get accurate current information on the process is with staff.  To get started, click here.  Another source is the Benicia Independent which is editorially opposed to the Crude by Rail project and selective about letters but does provide links that are easier to access.  It is also a comprehensive source of current news.  There is no comparable site in favor of Crude by Rail.  Stay tune for developments in this area.

An Ethical Case Against Valero Crude By Rail

By Roger D. Straw, Benicia Herald Editor
October 30, 2015

Roger D. StrawIn June of 2013, I wrote a guest opinion for the Benicia Herald, “Do Benicians want tar-sands oil brought here?” I had just learned that the City of Benicia staff was proposing to give Valero Refinery a quick and easy pass to begin construction of an offloading rack for oil trains carrying “North American crude.” Valero was seeking permission to begin bringing in two 50-car Union Pacific trains every day, filled with a crude oil. Valero and the City would not disclose where the oil was coming from, but everyone knew of the boom in production in Canada (tar-sands crude) and North Dakota (Bakken crude).

At that time, my most pressing concern was that Benicia, my home town, not be the cause of destruction elsewhere. Tar-sands oil strip mining is the dirtiest, most energy-intensive and environmentally destructive oil production method in the world. It struck me then, and it still does, as a moral issue. Our beautiful small City on the Carquinez has a conscience. We have a global awareness and a responsibility to all who live uprail of our fair city. Our decisions have consequences beyond our border.

My article, and my conscience-driven concern, came BEFORE the massive and deadly oil train explosion in Lac-Mégantic, Quebec. That wreck and the many horrific explosions that followed involving Bakken crude oil and tar-sands “dilbit” (diluted bitumen) became the sad poster children of a movement to STOP crude by rail. It became all too easy for Benicians to base our opposition on a very legitimate self-protective fear. Not here. Not in our back yard. No explosions in OUR Industrial Park, in our town, on our pristine bit of coastal waters.

But fear mustn’t deaden our heart.

I was encouraged to read in the City’s recent Revised Draft EIR, that the document would analyze environmental impacts all the way to the train’s point of origin, including North Dakota and Canada:

“In response to requests made in comments on the DEIR, the City is issuing this Revised DEIR for public input to consider potential impacts that could occur “uprail” of Roseville, California (i.e., between a crude oil train’s point of origin and the California State border, and from the border to Roseville) and to supplement the DEIR’s evaluation of the potential consequences of upsets or accidents involving crude oil trains based on new information that has become available since the DEIR was published.” [emphasis added]

Sadly, the City’s consultants never made good on their intention. Our moral obligation to those uprail of Benicia extends, according to the consultants, to our neighbors in Fairfield, Vacaville, Davis, Sacramento, Roseville and to the good folks and mountain treasures beyond, but ONLY TO CALIFORNIA’S BORDER. What happens at the source, in Canada where boreal forests and humans and wildlife are dying; what happens in North Dakota where the night is now lit and the earth is polluted wholesale with oil fracking machinery – what happens there is of no concern to Benicians. Too far away to care. Their air, their land, their water is not our air, land and water. Evidently, according to our highly paid consultants, this is not, after all, one planet.

Or is it?

Our Planning Commissioners have more than a civic duty. They and we are called morally and ethically to understand our larger role in climate change and to protect the earth and its inhabitants. Our decision has consequences.

Together, we can STOP crude by rail.