Category Archives: Public permitting

Expert letters pouring in, critical of Valero Crude by Rail

The following hugely significant letters were sent to the City of Benicia today, just ahead of its 5pm deadline for public comments on Valero’s Revised Draft EIR.

A flurry of exceptional – and very personal – letters opposing Valero Crude By Rail

[Editor:  Below are a few recent letters opposing Valero Crude By Rail, each exceptional and highly personal in its approach (by Rob Peters, Sue Kibbe, David Jenkins, Elizabeth Lasensky and Ruby Wallis).  For more, see Project Review.  – RS]

Rob Peters, Benicia, October 24, 2015, published in the Benicia Herald on October 27, 2015:

Ms. Amy Million:

I’m no scientist — and couldn’t add anything more to the data-fueled reasons and measurable metrics as to why this singular gamble from Valero Inc. is too dangerous, defiant and inimical to the town we have all worked in, shopped, played, bragged about and raised families in.  Benicia is indeed a special jewel of a town that simply should not be in competition with other towns that seem so wedded to heavy industrial output that they soon become known and degraded primarily for that association:    That simply is not the image, future and profile that Benicians could possibly want. Nor, on balance, is it a healthy, sustainable economic image for a town.

A few observations:  We are in the midst of a flat, receding marketplace for petroleum products world wide;  who would refuse to cringe when contemplating the inevitable growth of land, sea and air-borne pollutants and toxics and the enormous 24-7 risks inherent in shipping such combustible, toxic substances through both our town and our many neighboring communities; and whenever we hear the crackled cough of a youngster or an elder who has asthma, we can afford to take Valero’s proposal in a civil way — but not at all in a serious way.   Theirs is merely a cheap, ugly and unproven method to fatten their monetary output — benefiting a sliver of higher ups in the Texan conglomerate — while putting all of us, our visitors, schools, parks and businesses and our neighbors along the route — in permanent fear and disgust over their crude-oil fantasy trains.

I encourage you to utilize your considerable depth and breadth of knowledge of our town and its peoples, and hope you vote to refuse adoption of the Valero scheme; and rather, vote to safeguard the entire population of this town, young and old, and those populations adjacent to us.

Regards,
Rob Peters, Benicia, CA.


Sue Kibbe, Benicia, October 23, 2015, yet to be posted on the City website:

To: Benicia Planning Commission

Re. RDEIR for Valero Benicia Crude-by-Rail Project

As Grant Cooke said, “There is no historical basis to assume there will be no accident.” (September 29, 2015, Planning Commission public hearing)

Double negatives give me pause, but this is so perfectly obvious. There will be accidents, always have been and always will be. Regardless of risk projections, reinforced tank cars, speed limits, track inspections and all good intentions — there will be human error, mechanical failure, bad weather, bad timing, bad luck, rock slides, earthquakes, wear and tear of tracks and trestles never built to carry 7,150 tons twice a day, day after day, year after year. There is the danger posed by “Local Safety Hazard Sites” along the proposed rail routes, with high frequencies of derailments. And there is any combination of these factors that can result in fire, destruction, air and habitat contamination, loss of life.

Not to suggest that we be paralyzed by fear of accidents, just that we acknowledge and weigh the risks against the benefits. So, are there any benefits to the city and citizens of Benicia?

Not to any business in the Industrial Park, where 730 trains per year will be spewing pollution — NOx and carbon monoxide and  particulate matter — directly within the euphemistically named “Park.” Where 8.3-minute estimated delays in traffic will be every-day, four-times-a-day aggravations. Where the risk of working in the Blast Zone will be highest. The Industrial Park, the “engine of Benicia,” will find it difficult to attract and keep businesses and workers.

Certainly not to the homeowners of Benicia, who will see their property values decrease and their air pollution increase. Mark DeSaulnier (U.S. House of Representatives for Contra Costa County and a former member of the California Air Resources Board) recently wrote in the San Francisco Chronicle: “California already has the worst air quality in the nation, with 7,200 deaths a year associated with air pollution.”

There are no benefits to up-rail communities, nor to wildlife, sensitive habitats, wetlands, water resources — essentially, the environment in all its natural beauty and diversity — as the RDEIR clearly documents. The negative impacts are, without exception, “Significant and unavoidable,” with no mitigation available. CEQA’s thresholds for greenhouse gas precursors (NOx) are exceeded in every up-rail county; this is illegal, unacceptable and unconscionable.

To deliberately disregard and violate California’s air quality regulations is to endanger our neighbors to the north and bring shame upon our fair city. From these findings, it would appear that the RDEIR cuts a clear pathway to rejection of Valero’s crude-by-rail project.

But not so fast. . . Valero contends that CEQA is preempted by sacrosanct interstate commerce and the federal government, specifically by the Interstate Commerce Commission Termination Act of 1995: “. . . even if the City attempted to control railroad activity by controlling the Valero facility, such effort would be preempted” (Appendix H-5). So has this DEIR been undertaken under false pretenses right from the start, merely to give the illusion of environmental concern?

I find it hypocritical that Valero selectively applies CEQA thresholds to this project when it is to the refinery’s benefit. In calculating the air quality impact in the BAAQMD — the huge area surrounding the entire SF Bay, encompassing Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Napa and southern Solano and Sonoma counties — Valero touts the “improvements” to air quality from the reduction in marine vessels traversing the Bay. As I described in my letter regarding the DEIR (August 13, 2014), this is a completely deceptive manipulation of the numbers. By reducing emissions in the vast BAAQMD, Valero can increase by 18,433 metric tons per year the emissions right here in Benicia. The selective use of CEQA should not be ignored — abiding by the law when it allows the project to proceed with mitigation, but disavowing CEQA when air quality will be significantly degraded, with no available mitigation.

It is time for a moratorium on crude-by-rail in California. The cumulative impact of these hazardous rail shipments, the increase in greenhouse gases and pollution, and the violation of CEQA standards must be assessed by the state, not in piecemeal fashion from one refinery to the next. If the ICCTA (enacted long before crude-by-rail was a national safety concern) is invoked by Valero, the question of crude-by-rail through California should go to the Attorney General’s office and the courts, as the repercussions are far reaching for the entire state and go beyond the boundaries and purview of our small, still lovely city by the Bay.

Finally, we cannot pretend that we are not participants in the devastation of the boreal forests of Alberta and the farmland of North Dakota if we allow crude-by-rail to continue.  I ask that you view the attached aerial photographs to understand the impact that crude oil extraction has on North America. And I close with another quotation, this regarding global climate change, from the 2015 encyclical of Pope Francis:

“We know that technology based on the use of highly polluting fossil fuels needs to be progressively replaced without delay. . . The natural environment is a collective good, the patrimony of all humanity and the responsibility of everyone. . . Many things have to change course, but it is we human beings above all who need to change. We lack an awareness of our common origin, of our mutual belonging and of a future to be shared with everyone.”

Thank you,
Sue Kibbe, Benicia


David Jenkins, Benicia Industrial Park business owner, October 21, 2015, posted on the City’s website:

Dear Mrs. Million,

I am writing to express deep concern over Valera’s proposed oil train offloading facility in Benicia.  According to the EIR, this project would create several “significant and unavoidable impacts” that could devastate our community.

Bringing oil trains into Benicia will create unacceptable increases in toxic air pollution for communities all along the rail route and near the refinery. The EIR identifies several significant and unavoidable air impacts from toxins and known carcinogens including increased pollution from NOx, sulfur dioxide, PM 2.5, and benzene.

According to the EIR, the cumulative risk of spills, explosions, and fires along the UPRR mainline “and the storage yard would be significant for all of the tank car designs,” including the not-yet-built DOT-117 cars. Such a disaster could result in significant loss of life, long-term economic loss, and contamination of our precious wetlands and waterways. This level of risk is also unacceptable.

The exhibit attached clearly indicates a un avoidable risk to the property I own and operate as a truck rental and service facility , to the extent of making my property worthless for re-sale at a future time .This unconceivable risk causes my real estate to be perhaps un-useable due to a risk of being incinerated should the worst case scenario take place.

The EIR also assumes the “worst case” scenario is a spill of 8 tanker cars, or about 240,000 gallons. The train that incinerated Lac-Megantic, Quebec in July 2013 spilled over 1.6 million gallons of crude, or about 60 tanker cars. The EIR must assume a worst case scenario that reflects existing data on recent spills. Without an accurate worst case scenario analysis, this project can not be approved.

The revised EIR identifies “significant and unavoidable” climate impacts that conflict with California’s existing climate law mandating the state move to an 80% reduction of greenhouse gas by 2050. At a time when wildfires are raging and the drought is more dire than ever, it is imperative we invest in safe, clean energy rather than extreme oil infrastructure.

For all these reasons, I respectfully urge the Planning Commission and City Council to not certify this EIR and reject Valero’s proposed oil train terminal in Benicia.

David Jenkins
Nor Cal truck Sales and Rental, Benicia


Elizabeth Lasensky, Davis CA, October 20, 2015, posted on the City’s website:

Dear Ms. Million:

Regarding the Valerio Refinery request for bringing oil trains into Benicia, please add the following comment to the public record:

The Valerio Refinery project will create relatively few jobs. Yet those jobs are being held up as a reason to support the refinery’s request to bring oil trains along thousands of miles of tracks from their origins in North Dakota to the City of Benicia. Could the City of Benicia please explain why those relatively few jobs are so important and the jobs, health and lives of all the people who live, go to school, play and work along the thousands of miles of tracks are worth so little?  Those of us uprail from the project will not see the benefits of those jobs but millions of us – and the environment- carry the risk.

Thank you,
Elizabeth Lasensky, Davis CA


Ruby Wallis, Benicia, October 17, 2015, posted on the City’s website:

Dear Amy…. I DO NOT WANT THOSE DANGEROUS TOXIC OIL TRAINS IN BENICIA. And also that crap being refined in Benicia. I have worked at Valero Refinery as a pipe welder. I know they don’t fix anything until something goes wrong. It’s all about the money. And also, Valero never hires local union  members. They would rather hire contractors from out of state. Haven’t you noticed the out of state welding rigs that drive around town with license plates from Texas OK, and Oregon? I always talk to them. They take the money and drive back to the
states they’re from.

I know a friend who worked at Valero when it was built. He told me that he is surprised it hasn’t blow up yet!!!! It’s an accident waiting to happen!! WHY SUBJECT THE PEOPLE TO WORSE AIR ETC.? The people of Benicia do not want this crap!!!

BTW: DON’T YOU KNOW THE TOXIC OIL THEY WANT TO REFINE WILL BE SOLD TO CHINA? ALSO, DID YOU KNOW
THAT THE CHILDREN OF BENICIA HAVE FOUR TIMES THE NATIONAL AVERAGE OF ASTHMA?

Listen to the people Amy, and not Valero!!

Ruby Wallis
Retired pipe welder

Over 700 letters received by the City of Benicia – keep them coming!

By Roger Straw, Benicia Independent Editor, October 20, 2015

City publishes new letters in 4 Parts

The City of Benicia published a monster of new public comments today, approximately 720 letters, mostly opposing crude by rail.  See below.

Note: The City of Albany documents in Part 1 are especially strong, including a recommendation to “reconsider” and a strongly worded multi-page resolution opposing crude by rail.

  • Public Comments October 10- October 16, 2015 Part 1
    8.5MB, 200 pages, including the index to Parts 1-4, and important letters by the Shasta County Air Quality Management District (p. 18), the City of Albany, CA (p. 19), and the City of Biggs, CA (p. 25, note Biggs NOT Briggs, CA)
    Public Comments October 10- October 16, 2015 Part 2
    9.5MB, 230 pages
    Public Comments October 10- October 16, 2015 Part 3
    9.7MB, 235 pages
    Public Comments October 10- October 16, 2015 Part 4 
    6.0MB, 106 pages.
    NOTE:  These pages do not make it easy to find a letter from a particular individual.  The only “index” provided is at the beginning of Part 1, and it does not show page numbers or Part numbers.   You will have to SEARCH on a name in Part 1, then guess in which Part that person’s letter will appear.  You may approximate like this: the index of commenters’ names comprises the first 17 pages of Part 1.  If your commenter’s name appears on page 1-4 of the index (top of Part 1), then the letter is likely lower in Part 1.  Pages 5-9 in the index show names of commenters whose letters mostly appear in Part 2.  Pages 10-14 of the index refer to letters in Part 3.  The remainder, pages 15-17 in the index, are in Part 4.
  • Public Comments October 3-9, 2015
    The link will download a 20-page document from the City’s website, a 1.1MB download, including a very interesting letter from the City of Gridley, California (pp. 2-5 in the PDF).
  • Public Comments September 26-October 2, 2015
    The link will download a 297-page document from the City’s website, an 11MB download.  Most of this is letters generated by the ForestEthics online comment generator.   (See also the Center for Biological Diversity online letter generator.)  Such support from EVERYWHERE is amazing and welcome!  To find individual letters of support or opposition, just open the PDF and search on a name.
  • Public Comments August 31-September 25, 2015A 545-page PDF.  The link will download a document on the City’s website, a 20mb download.  The PDF consists of:
    • 2 agency requests for extension of the comment period
    • 6 personal letters opposing the RDEIR and Valero’s proposal
    • 2 personal letters supporting the RDEIR and Valero
    • 253 letters from individuals from all over the country, generated by an online submittal form and mostly alike, also opposing the RDEIR and Valero’s proposal and received by the City on 9/25/
Comments still welcome

Your comments are encouraged and welcome until 5pm on Friday, October 30, 2015.  Send your thoughts to Amy Million, Principal Planner, Benicia Community Development Department, by email: amillion@ci.benicia.ca.us.  You may also send your letter to Amy Million by mail: 250 East L Street, Benicia, CA 94510, or by Fax: (707) 747-1637.

More information: HOW to write the City…

Public speaks on Valero project

Repost from the Vallejo Times-Herald

Public comments on Valero Benicia Refinery’s proposed project

By Irma Widjojo, 09/30/15, 6:14 PM PDT
Andrés Soto, spokesperson for Benicians for a Safe and Healthy Community, wears his sentiments on his T-shirt, as he speaks in opposition to a proposed Valero Crude-by-Rail project at a public comment hearing on the project’s Revised Draft EIR at a special Benicia Planning Commission meeting at City Hall. MIKE JORY — TIMES-HERALD

Benicia >> In a special meeting that drew a large crowd Tuesday night, the Benicia Planning Commission received comments from concerned citizens on recently distributed documents on Valero’s proposed Crude-by-Rail project.

Many of those supporting the project wore a sticker on their clothing indicating their approval, while some of those opposing the project wore pins, brought signs and sported a sunflower — a symbol of environmentalism — at the Benicia City Council Chambers at City Hall.

The meeting, which began at 6:30 p.m. and lasted until about 10 p.m., was an opportunity for the public to submit verbal comments on the Revised Draft Environmental Impact Report, or RDEIR, of the project. Those who could not get a seat in the chambers, which has a 120-person capacity, were asked to wait for their turn to speak in an overflow room.

The RDEIR concluded that the project would cause “significant and unavoidable” impacts to air quality, greenhouse gas emissions, biological resources and hazards and hazardous materials. However, the report also adds “potential mitigation measures to reduce these new impacts would be preempted by federal law.”

A few speakers who were concerned with the project took issue with the federal preemption mentioned in the report. Federal preemption means federal laws displace state or other local laws.

“It has become a justification for the lack of mitigation,” Benicia resident Roger Straw said. Straw also is the editor of the online publication The Benicia Independent, which disseminates articles and information regarding crude-by-rail and Valero refinery.

Another Benician, Judith Sullivan, said “preemption makes it sound like we don’t have any choices.

“But grassroots efforts like this have been pushing the federal government to enact new environmental laws,” she said.

Representatives from Valero Benicia Refinery and Union Pacific, which would operate the railroad used for the trains hauling crude if the project is approved, also spoke during the meeting.

“This process has forged into a new territory and goes beyond what CEQA (California Environmental Quality Act) requires,” said Don Cuffel, Valero Benicia Refinery’s lead environmental engineer.

An attorney working with Valero on the application called the process “out of control.”

“We’ve lost sight of the city’s discretion,” said attorney John Flynn. The RDEIR, released Aug. 31, came after an outpouring of feedback from the public on the Draft Environmental Impact Report last year.

Valero Benicia Refinery applied for the permit for the project in early 2013.

If the project is approved, Valero will be allowed to transport crude oil through Benicia via two 50-tanker car trains, rather than shipping the crude oil by boat. It will not replace the crude that is transported by pipeline, officials said.

Concerns voiced on Tuesday about the RDEIR included conflicting information, conclusions based on assumptions and lack of details, among others.

Though the commission reminded the public that the comments should be limited to the redistributed report, instead of about the project in general, not everyone heeded the reminder.

“Valero is a powerful oil company that provides most revenue to this town,” a speaker said. “Are you going to let them get richer on the expense of the health and well being of the residents?”

Many supporting the project said Valero has “gone above and beyond” in the process to ensure the project’s safety, and called Valero a “good neighbor.”

However, that was not good enough of a reason for those in opposition.

“While Valero has been a good neighbor, we can’t be held hostage by what they have given generously to our city,” Anina Hutchinson said.

They also brought up issues about increased greenhouse gas emission, chance of derailment while carrying volatile crude and destruction of the environment in the area of the railroad.

Herbert Forthuber told the Times-Herald he supports the project because Valero is a major financial revenue for the city.

“I’ve seen in the past that when it’s not economically viable anymore for (a refinery) to be in a city, they close down,” Forthuber said, adding that it would be a blow for the local employees and other local businesses that depend on the refinery.

Forthuber is the vice president and general manager of a local business that repairs industrial machineries.

“The RDEIR really hasn’t changed my mind,” he said. “I’m more economically minded, and I care about the impact it would have for people who work for me.”

Valero officials have contended that the railroad addition would make the refinery more competitive by allowing it to process more discounted North American crude oil.

All of those who were present Tuesday were given an opportunity to speak, and the remaining three special meetings for this purpose have been cancelled.

Comments on the report may still be submitted in writing no later than 5 p.m. on Oct. 30.

Written comments should be submitted to amillion@ci.benicia.ca.us or Principal Planner Amy Million at the Community Development Department. For further information about the revised environmental report, contact Million at 707-746-4280.

The report can be reviewed at the Benicia Public Library, 150 E. L St.; the Community Development Department, 250 E. L St.; or online at bit.ly/1lBeeTt.

Following the end of the comment period, a final Environmental Impact Report will be released to the public.

During the meeting, Million said staff estimated Planning Commission hearings will be held in January for the commission to certify the report and whether to grant Valero the use permit for the project.