Category Archives: San Francisco Bay Area

Letter to the Bay Area Air District: require strict emissions caps on refineries

Posted with permission

Benicia Resident Marilyn Bardet’s letter to the Chair of the Board, Bay Area Air Quality Management District (BAAQMD)

Direct staff to require numerical emissions caps on all refinery emissons
By Marilyn Bardet, Sept 16, 2015

Dear Chair Groom,

Marilyn Bardet
Marilyn Bardet, Benicia CA

In response to the overwhelming testimony the District has received from all corners of the Bay Area, as chair of the BAAQMD board of directors, you, with your board, have the authority to direct District staff to revise DRAFT Rules 12-15 and 12-16 as currently released, to require strict numerical emissions caps on all refinery emissions, including GHG.

By all means of public testimony over a two-year period, you have heard from concerned and affected members of the public, respected regional and national organizations (including Sierra Club, NRDC, CBE, 350 Bay Area, APEN, Sunflower Alliance) and other experts in the field who have recommended and put forward well-defined revisions that would impose strict numerical emissions caps on refinery emissions tied to current emissions baselines for TAC, VOCs, heavy metals and PM2.5, including GHG.

You know that oil companies in the region aim to acquire and process the most dangerously polluting crude in the world — tar sands. Refineries processing changed crude slates whose blends have increasing amounts of heavy crude, unconventional crudes such as Bakken oil, and/or tar sands will adversely impact regional and local air quality, especially affecting front-line communities and those “downwind communities.” Allowing emissions to “go up to” long ago established permitting levels (Valero Benicia’s permit was established in 2003) is tantamount to the District “giving in” to benefit the oil industries’ profit, not public health.

The District’s mandate is to clean up the air for the benefit of public health, and, in accordance with state mandates, to protect the climate by drastically reducing GHG. Oil refining is the biggest industrial source of GHG. Carbon trading by refineries will simply send “pollution credits” elsewhere and keep toxic emissions “at home” that kill thousands of people in the Bay Area each year. GHG emissions from fossil fuel combustion threaten to destroy our global climate and way of life.

Strong refinery rules that set numerical limits on toxic emissions tied to current baselines and limit GHGs are our best chance to protect public health and protect the climate.

We need your leadership more than ever now! I am writing to ask that you make it clear to your directors that the “highest good” must be done by BAAQMD in the name of public health and climate protection, such that, until revisions to Rules 12-15 and 12-16 are adopted that set refinery emission caps at today’s levels, including for GHG, the agency will suspend permitting for refinery projects.

This is a bold request, but these are very uncertain times that require every precaution and concerted action by leadership to create policies that protect people and the planet.

Thank you for your public service, and for you attention to my comments.

Respectfully,

Marilyn Bardet
Benicia

Community Meeting: Our Vision of the Northern Waterfront

Repost from the Bay Area Refinery Corridor Coalition (BARCC)
[Editor:  For Contra Costa County background (beware of spin), see the 124-page 2014 report, “Revitalizing Contra Costa’s Northern Waterfront.”  For the County’s Power Point overview (great maps and aerial photos), see “Northern Waterfront Economic Development Initiative.”  – RS]

Community Meeting: Our Vision of the Northern Waterfront

Organized & Sponsored by Bay Area Refinery Corridor Coalition, and the Sierra Club SF Chapter.
RSVP at http://northernwaterfrontlunchrsvp.eventbrite.com
Northern Waterfront Area
Community Meeting: Our Vision of the Northern Waterfront – Saturday, August 15, 2015 at 10:00am-1:00pm, Nick Rodriguez Community Center Theater, 213 F St, Antioch, California 94509

If you live in Contra Costa County, you may have heard of a massive effort called the Northern Waterfront Economic Development Initiative, which aims to re-­industrialize the coastline along the Carquinez Strait. However, it’s more likely you might not have heard about it, since it has been operating mostly behind closed doors, with minimal input from local residents.

Community Meeting: Our Vision of the Northern Waterfront – Saturday, August 15, 2015 at 10:00am-1:00pm, Nick Rodriguez Community Center Theater, 213 F St, Antioch, California 94509  RSVP for lunch reservation.
Launched in 2013, this initiative is an economic development revitalization “framework” led by Supervisors Federal Glover and Mary Piepho, and targets the towns of Hercules, Martinez, Concord, Pittsburg, Antioch, and Oakley, as well as unincorporated Rodeo, Crockett, Port Costa, Mountain View, Vine Hill, Clyde and Bay Point.Contra Costa is already the second most industrialized county in California, behind Los Angeles. Despite this dubious status, the Northern Waterfront initiative is a 20­ year plan to permanently transform our county and bring even more industry here. The plan has no targets for renewable energy growth, no caps on cumulative emissions and no goals for attracting sustainable businesses. When county staff were recently asked about the “green” industries they planned to develop, the only example they could give was carpet recycling ­­ while this is technically “green” for the consumer, it leaves the dirt and chemicals in our communities.The Northern Waterfront initiative has failed to include voices of residents living in the affected industrial areas, and has instead chosen to focus on institutional “stakeholders” like local government and business associations. Instead of working with the community, the Northern Waterfront initiative treats us as an obstacle to be dealt with. Their “Competitive Assessment of Strengths, Weaknesses, Opportunities and Threats” (9/30/13) admits as a “weakness” that Residential land uses are incompatible with the needs of industry. Citizens in the area may protest more industry because their presence generally increases deleterious effects on the community such as traffic, noise and air pollution.In addition to affecting human health and safety, the Northern Waterfront Initiative also puts our coastline, water and natural environment at risk. For example, the plan itself is focused on water intensive businesses! It includes a feasibility study to dredge the Carquinez Strait from Richmond to Stockton, from 35 feet to 38 feet. Funded by Contra Costa County, Western States Petroleum Association and the Port of Stockton, the dredging will allow oil barges to fill to capacity and bring even more oil into the Bay. Dredging has a number of hazards: it can increase salinity into the Delta (a shortsighted move during a drought), and it would release a century of buried toxins into our Bay.The Northern Waterfront initiative has projected various numbers of jobs created — one 20-year prediction was 5,000 jobs, another was 18,000 jobs. But what kind of jobs? And will workers want to live in an even more unhealthy and highly industrialized community? The Northern Waterfront initiative is not a plan to transition away from the old fossil fuel economy, but just more “business as usual,” despite the well-documented fact that the transition to renewable energy is an opportunity for job growth. Stanford engineer Mark Jacobson has established that if California transitioned to 100% renewable energy, it would create over 450,000 jobs statewide (Source: www.solutionsproject.org).Please join us at August 15th community meeting where a representative and consultant of the county will be presenting the Initiative, and county and local gov’t officials have been invited. More importantly, join us to share our vision beyond fossils fuels.

We need your support in letting people know about this event. To access event flyers and other media tools, you can use for a Facebook post, email blast or newsletter insert, please go to: http://bit.ly/NWMedia. We appreciate any efforts you can make to get the word out.For more information, please call 925-709-4295 or email info@bayarearcc.org
Thank you,
Members of the Bay Area Refinery Corridor Coalition
Lunch will be served, so advance registration is required
Please register here: http://northernwaterfrontlunchrsvp.eventbrite.com/

OR join on Facebook at https://www.facebook.com/events/809066505881284/

If you need/can offer a ride from BART Pittsburg/Bay Point or need to carpool,
sign up here http://www.groupcarpool.com/t/4p8swn

To access event flyers and other media tools, please go to:
http://bit.ly/NWMedia

Two-Futures ... Which-one-will-you-choose?
Community Meeting: Our Vision of the Northern Waterfront – Saturday, August 15, 2015 at 10:00am-1:00pm, Nick Rodriguez Community Center Theater, 213 F St, Antioch, California 94509

 

Valero Benicia sues BAAQMD, demands $57M in Clean Air Credits

Repost from Courthouse News Service

Refiner Demands $57M in Clean Air Credits

By Dave Tartre, July 29, 2015 5:37 AM PT

SAN FRANCISCO (CN) – Valero Refining Co. sued the Bay Area Air Quality Management District on Monday, claiming it abused its discretion by denying it $57 million in emissions-reduction credits.

Improvements from a major modernization of Valero’s Benicia refinery brought significant and permanent reductions in air pollution, Valero claims, but the Air Quality Management District last year rejected its application to bank $57 million in emissions reduction credits for the work it did of its own volition.

The refinery, next to the Carquinez Strait about 25 miles north of San Francisco, emits fewer nitrogen oxides and less particulate matter greater than 10 microns in diameter than it did before the project, and also reduced organic compounds and sulfur dioxide, Valero says.

It claims that the Air Quality Management District has not disputed that “the emissions reductions were real, permanent, quantifiable, enforceable and not legally required.”

A Bay Area Air Quality Management District representative on Tuesday said the agency does not comment on pending litigation.

Valero says it relied on a senior district engineer for guidance during the project, only to find out that the district was not bound by her decisions.

After the project was complete, Valero says, the Air Quality Management District changed the baseline emissions figures for the before-and-after comparison it uses to grant or deny credits.

The district’s hearing board upheld the denial on appeal.

Valero on Monday asked the Superior Court to declare the ruling a prejudicial abuse of discretion not supported by substantial evidence in the administrative record.

Valero claims the district’s hearing board mischaracterized its 3½-year project as a “simple shutdown of equipment.”

To the contrary, Valero says, the refinery was outfitted with new furnaces, new flue gas scrubbers and other equipment that “reduced emissions of various pollutants … by thousands of tons per year, thereby significantly improving Bay Area air quality.”

Though the work was prompted by a 2005 consent decree with the U.S. Environmental Protection Agency, Valero says it went far beyond the agreement’s requirements, to retool the refinery’s equipment and operations.

Valero says that $500 million of the $750 million spent on the project went to “achieve emissions reductions beyond those required by the Consent Decree or by other provisions of law.”

Valero seeks writ of mandate to evaluate the fairness and consistency of the district’s rejection, not just whether it was reasonable.

A spokesman from Valero declined to comment, saying the company would let the filing speak for itself.

It is represented by Ronald Van Buskirk with Pillsbury Winthrop Shaw Pittman, in San Francisco.

Oil train organizing in Davis, California

Repost from an email, Lynne Nittler, of Davis, CA
[Editor:  Lynne Nittler and her friends at Cool Davis and Yolano Climate Action do a great job of organizing.  Davis is a primary “uprail community” that would be at high risk if Valero Benicia Refinery’s Crude By Rail proposal is permitted.  I appreciated Lynne’s recent update and summary, below.  – RS]

Oil Train: photos, Ca Energy Commission powerpoint, & actions

From: Lynne Nittler
Sent: Wednesday, July 22, 2015 3:15 PM

Dear oil train friends,

1.  July 11 Stop Oil Trains Action –  photos

On July 11, over 80 Davis residents turned out to remember the 2013 oil derailment that decimated Lac-Megantic, taking 47 lives.  Davis faces the threat of a similar accident.  Currently, at least one oil train of Bakken Crude per week passes through Davis headed to the Bay Area.  Two more 100-car trains per day are planned for the near future for the Valero Refinery in Benicia and the Phillips 66 refinery in San Luis Obispo…unless citizens stop them.

The Davis Stop Oil Trains action was one of many during the Week of Oil Train Action.  Check out photographs from actions across the country here.  Look for Davis!  https://www.flickr.com/photos/foresethics/sets/72157655110369339

See our own review with photos here:  https://yolanoclimateaction.wordpress.com/2015/07/20/davis-residents-protest-oil-trains-moving-through-town/

2.  Review of July 11:

Locally, the ForestEthics  www.Blast-Zone.org map shows endangered homes and businesses along 2nd Street including the police station, Carlton Plaza Senior Living and Rancho Yolo.  The entire Davis downtown is vulnerable along with parts of UC Davis campus and apartments complexes along Olive Drive.

The July 11 Vigil and Rally highlighted public opposition to oil trains passing through Davis. Too many residents live in the oil train blast zone, the one mile evacuation zone recommended by safety officials in the case of an oil train derailment and fire. ForestEthics calculates that nationwide, 25 million Americans live in the blast zone.

Wearing fiery red, yellow and orange shirts, Davisites met at the train station and walked through the Davis blast zone downtown to the Rotary Stage in Central Park.

We sang feisty songs led by the Raging Grannies.  We’ll be starting a group in Davis.  Let Lynne know if you’re interested.

Mayor Dan Wolk explained the city council’s resolution opposing oil by rail, available at http://citycouncil.cityofdavis.org/Media/Default/Documents/PDF/CityCouncil/CouncilMeetings/Agendas/20140422/04B-Opposing-Oil-By-Rail.pdf

City Councilman Lucas Frerichs spoke on the Sacramento Area Council of Government’s nearly unanimous decision to confront the issue.  SACOG is composed of 22 cities and 6 counties.  http://www.sacog.org/calendar/2014/08/rail/pdf/2-Valero%20EIR%20Comments.pdf

At the state level, Senator Lois Wolk shared the past and present legislative responses to the sudden surge of crude-by-rail transport into California aimed at protecting the public as well as sensitive habitat and waterways.

Supervisor Jim Provenza and Damien Luzzo focused on the extraction side of the issue in Yolo County.  Damien offered his story about how he came to oppose fracking at http://tinyurl.com/CAFrackWars and the Pledge of Resistance at http://tinyurl.com/FrackingPledgeOfResistance.  Sign his petition to ban fracking!

3.  Urgent Action:  Urge Assemblyman Bill Dodd to support SB32 & SB350!   Information on the proposed Yolo ban on fracking were available as well as a letter to Assemblyman Bill Dodd urging him to support two critical climate bills due for a vote in mid-August:

  • SB32 extending our CA carbon reduction bill, and
  • SB350 aiming for 50% lower car emissions, 50% greater building efficiency, and 50% more solar and wind-generated electricity  by 2030.

4.  Conclusion:

There is NO safe way to transport extreme tar sands and Bakken crude. Two years after Lac-Mégantic, oil trains keep exploding and carbon pollution keeps rising.  Oil trains are a disaster for our health, our safety, and our climate.

Given the unresolved dangers of crude oil transport by rail and the overload of carbon emissions already in the atmosphere, a more prudent path is to leave all extreme crude in the ground, transition to clean, renewable energy, and practice energy conservation in an effort to reverse climate change and live sustainably on a finite planet.

5.  Next oil train actions:

Powerpoint by CA Energy Commission: Read attached, a thorough and up-to-date powerpoint, to educate yourself on national and state oil and crude by rail issues in CA.  Excellent resource!

Santa Maria refinery in San Luis Obispo:  We are waiting for a hearing announcement where we can testify.

Valero Refinery in Benicia:  The revised DEIR will be released on Aug. 31 for a 45-day written public comment period.  Our letters will be crucial when the Planning commission and late the City council makes their decisions whether to finalize the EIR and permit Valero’s rail spur.