Category Archives: Santa Maria Refinery

SIERRA CLUB: Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

Repost from Sierra Club – The Planet

Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

By Elly Benson, staff attorney with the Sierra Club’s Environmental Law Program, April 6, 2016
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.

On April 4, scores of concerned Californians converged on Benicia City Hall to urge the city council to reject Valero’s plan to transport volatile crude to its Bay Area refinery in dangerous oil trains. In February, local planning commissioners unanimously rejected the proposal, which would send two 50-tanker oil trains through California communities each day. Valero appealed that decision to the city council. Given the intense public interest in the crude-by-rail project, the city council has scheduled four public hearing dates this month.

Before Monday’s city council hearing began, opponents of Valero’s dangerous plan held a rally in front of city hall. Rally speakers included Berkeley City Councilmember Jesse Arreguín and Andres Soto of Benicians for a Safe and Healthy Community, as well as a local business owner and a senior scientist from Communities for a Better Environment, an environmental justice organization. Benicia residents were joined by members of “up-rail” communities (including Sacramento and Davis) who would be endangered by the oil trains rolling through their cities and towns on the way to the Valero refinery. Oil train derailments and explosions have skyrocketed in recent years — including the July 2013 derailment in Lac-Megantic, Canada that killed 47 people and obliterated several city blocks.

Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.
Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.

Inside the city council chambers, public comment began with testimony by a series of elected officials and agency representatives concerned by the risks posed by Valero’s oil train project. Speaking on behalf of the Sacramento Area Council of Governments (which represents six counties and 22 cities), Yolo County Supervisor Don Saylor urged the Benicia City Council to consider impacts on up-rail communities, including the 260,000 people in the Sacramento region who live within a quarter-mile of the railroad tracks. A representative from the Sacramento City Unified School District noted that 17 schools in the district are within the “blast zone” that would be put at risk by explosive oil trains on the railroad tracks. Other speakers included Berkeley Vice-Mayor Linda Maio and representatives testifying on behalf of up-rail air quality management districts, the City of Davis, and State Senator Lois Wolk.

After the elected officials and agency representatives spoke, residents of Benicia and up-rail communities voiced their concerns about the severe public health and environmental risks posed by Valero’s proposal. Although a few people expressed support for the project, the majority opposed it. Benicians for a Safe and Healthy Community presented the city council with a petition — compiled along with the Sierra Club, Stand, CREDO, Center for Biological Diversity, and 350 Sacramento — with 4,081 signatures of people opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.

In addition to urging the Benicia City Council to uphold the permit denial, many speakers urged the council to reject Valero’s request to delay the appeal process. At a city council meeting last month, Valero unexpectedly asked the council to put the appeal on hold while the company seeks a declaratory order from the federal Surface Transportation Board regarding the scope of the legal doctrine of preemption. Valero has insisted that federal regulation of railroads means that Benicia is prohibited from considering the project’s impacts on communities and sensitive environments along the rail line (including derailments, oil spills, and explosions).

At the Benicia Planning Commission hearings in February, attorneys from the Sierra Club, Natural Resources Defense Council, and the Stanford Law School clinic refuted this expansive interpretation of the preemption doctrine, and the commissioners ultimately rejected Valero’s interpretation as overly broad. Notably, the California Attorney General has previously weighed in on the shortcomings of the city’s environmental review, and specifically noted the failure to adequately analyze impacts to up-rail communities. Valero has not offered a compelling rationale for why the Attorney General would request that analysis if preemption renders those impacts irrelevant. The oil industry’s self-serving interpretation of preemption was also recently rejected by planning staff in San Luis Obispo County, who recommended denial of a similar oil train proposal at a Phillips 66 refinery due in large part to the environmental and health impacts along the rail line.

In a letter submitted to the Benicia City Council last week, the Sierra Club and our allies explained why federal law does not preempt Benicia from denying the permit for Valero’s project. The letter also reiterated that the project’s local impacts, especially increases in refinery pollution, require the city to deny the permit. For years, the Sierra Club and our partners have pushed back against Valero’s efforts to hide the true impacts of its oil train proposal — including submitting comments at each stage of the environmental review process. Our allies in these efforts include NRDC, Benicians for a Safe and Healthy Community, Stand (formerly ForestEthics), Communities for a Better Environment, Center for Biological Diversity, SF Baykeeper, and Sunflower Alliance, among others.

Additional city council hearings are scheduled for April 6, 18, and 19, as needed for public comment and council action.

Media: Valero crude oil gets another shot at NorCal railways (KCRA Sacramento, 4/5/16)

Rallying in front of Benicia City Hall.
Rallying in front of Benicia City Hall.

 

ETHAN BUCKNER: Derailing Big Oil’s Plans for San Luis Obispo and Benicia

Repost from STAND (Stand.earth, formerly ForestEthics)
[Editor:  Apologies for not posting this sooner – great wrap-up of the February Benicia Planning Commission hearings by our friend Ethan Buckner.  – RS]

Derailing Big Oil’s Plans for San Luis Obispo and Benicia

By Ethan Buckner, Extreme Oil Campaigner, February 18, 2016
Andrés Soto of Benicians for a Safe & Healthy Community leads a rally outside the Benicia Planning Commission Hearings on February 8, 2016

In early February, two California planning commissions held hearings and faced decisions on permitting dangerous new oil train projects. In both cases local grassroots groups, supported by people and organizations across the state, spoke loudly and clearly against the projects. The question then became, would commissions listen?

San Luis Obispo is a town of 46,000 on the Central Coast between LA and San Francisco. Three years ago the Phillips 66 refinery, just south of town, proposed a new train terminal to bring in five oil trains a week, about 10 million gallons of crude. Around the same time in Benicia, a town of 27,000 in the Northernmost reaches of San Francisco Bay, Valero proposed an almost identical oil train terminal. Trains traveling to either refinery would travel right through downtown SLO or Benicia, and through the downtowns of cities and towns across California.

So for three years grassroots activists in both cities — as well as in cities all along the rail lines – have built campaigns to stop these dangerous proposals. And in early February the Planning Commissions for Benicia and San Luis Obispo held hearings to allow citizens, industry and others to comment before commissioners made decisions on the permits that would allow or deny the projects.

Staff reviewed roughly similar data in both cases, but came to starkly different conclusions. In Benicia, staff recommended that commissioners approve the Valero oil train plan. In San Luis Obispo, county staff recommended that commissioners deny the Phillips 66 proposal. But the decision, of course, lies with the commissioners.

On February 4 and 5, hundreds of Californians descended from all corners of the state to San Luis Obispo to speak at SLO Planning Commission hearings on the proposed project. During two impassioned days of public testimony, commissioners heard from dozens upon dozens of teachers, nurses, students, firefighters, elected officials, and neighbors. A highlight of the day was testimony from Gabby Davis, a high school student from Paso Robles, who told commissioners, “oil trains are dinosaurs, and dinosaurs belong in museums.”

At noon on Thursday, February 4, 600 rallied behind signs and a 90-foot-long inflatable oil train, making front page news. The rally highlighted the breadth of opposition to oil trains and reflected how communities across the state and the nation are tied together by the rail lines. By the end of February 5, only a fraction of those signed up to speak had delivered public comments. The decision remains pending and hearings will continue February 25.

In Benicia, Planning Commission hearings kicked off on Monday, February 8. For four consecutive nights hundreds of Benicia residents and allies flooded the hearing chambers to urge commissioners to deny Valero’s proposal. After a dramatic final night of hearings on Thursday, February 11, the Benicia Planning Commission voted unanimously to deny the project’s land use permit.

The decision by the Benicia Planning Commission came despite unrelenting pressure from big oil and railroad lobbyists, even city staff. The city attorney reminding the commission over and over again that Valero’s tax contributions constitute a quarter of the city general fund. But late into the night, when the commissions finally got their chance to speak, they spoke with one powerful voice. They tore apart the project’s faulty environmental review and questioned the motives of city staff and their attorney. They expressed gratitude for the tremendous display of public opposition and affirmed the actual charge of their commission: to protect the health and welfare of the community.

In a dramatic moment, Commissioner George Oakes, who had listened intently during the four days of the hearings, said “I don’t want to be complicit with what has become a social nightmare across the country. What we are talking about here is some additional profit for a couple of companies.” Commissioner Susan Cohen Grossman followed up on Oakes’ comment by saying, “I don’t want to be the planning commissioner in the one city that said screw you to up-rail cities.”

The hearing was a beautiful display of democratic and thoughtful local governance. Today, the Benicia Planning Commission released this extraordinary resolution affirming the project’s denial. The denial will most certainly be appealed to the Benicia City Council, so it’s not over yet — but this is a victory worth celebrating.

The heroes here are the tireless and passionate leaders of Benicians for a Safe & Healthy Community, Mesa Refinery Watch Group, the ProtectSLO Coalition, and many, many others. These folks built community power that proves that no matter where big oil tries to go next with their dangerous oil train plans, there will be people power there to stop them.

Would Saving A Livable Climate Destroy Buffett’s Fossil Fuel Empire?

Repost from Think Progress – Climate Progress

Would Saving A Livable Climate Destroy Buffett’s Fossil Fuel Empire?

By Joe Romm, March 11, 2016 8:00 AM
BNSF oil train derailment in 2013. CREDIT: BRUCE CRUMMY, AP

Billionaire Warren Buffett has bet the future of his company Berkshire Hathaway on dirty energy. In recent years he has been building a vertically-integrated fossil fuel empire — one that develops, delivers, processes, and burns the most climate-destroying fuels.

The final part of this series on Buffett looks at how BNSF Railways is the engine of his carbon-intensive conglomerate, creating a massive risk for shareholders in this increasingly carbon-constrained world — a risk the “Oracle of Omaha” needs to be far more upfront about.

Is Warren Buffett “The Profiteer” of “Climate Killers”?

When Rolling Stone named Warren Buffett one of its 17 “Climate Killers” in 2010, they called him “The Profiteer.” They zeroed in on his recent purchase of “Burlington Northern Santa Fe railroad for $26 billion — the largest acquisition of Buffett’s sto­ried career.”

Why? BNSF is “the nation’s top haul­er of coal, shipping some 300 million tons a year.” That is especially convenient for Buffett because, as noted in Part 2, Berkshire Hathaway Energy has four major utilities that still rely on coal for over half their electricity generation.

CoalValueImage
CREDIT: BNSF

But BNSF is so much more than just the top hauler of coal. As their website proudly attests “BNSF is the largest transporter of crude oil in North America” — and we all know how well the whole crude-by-rail thing has been going.

2015 “has already been the costliest by far for crude train explosions,” BloombergBusiness reported in December. A “BNSF train that derailed and exploded in Illinois” last March “carrying highly explosive crude from North Dakota” created some $5.5 million in damage.

From 2010 through mid-2014, oil shipped by rail in the United States increased from about one million barrels of oil every month to 25 million! At the same time, Canadian imports increased 50-fold, as we’ve reported. BNSF was a driving force behind that explosion.

oil-overtime
CREDIT: EIA DATA

Also, last October we learned about “what is believed to be the largest frac sand unit train to date in North America.” You guessed it: “The 150-car unit train, operated by BNSF, carried 16,500 tons of frac sand used in hydraulic fracturing.”

Warren Buffett Bets Big On The Tar Sands

But wait, there’s more. You may recall from Part 1 that last year, the billionaire spent $240 million buying another chunk of Canadian tar sands giant Suncor, upping his overall bet on the climate-destroying liquid fuel to $1.1 billion — a fact Buffett does not share with shareholders in his list of Berkshire Hathaway’s climate risks.

On top of that, as BNSF’s website also proudly attests, the railroad “is positioned to act as a gateway to the Canadian oil sands.” Seriously.

Indeed several years ago, a BNSF employee magazine explained how invested the railway was in all aspects of tar sands (aka bitumen) development. The key point is that “Before bitumen can move through a pipeline to its destination, it must be blended with diluents (diluting agents),” lighter weight hydrocarbons like natural gasoline or butane:

BNSF has been moving single carloads of diluents from U.S. refineries to the Canadian border…. The inbounds are then interchanged with Canadian railroads, then moved to Edmonton, with the final move to the oil sands’ processing center via pipeline.

Last year, BNSF moved about 9,000 carloads of diluents for the project, with the majority of loads originating from the Gulf Coast, California, and Kansas. This year, about 12,000 carloads are anticipated to move.

There’s more: Beyond shipping diluents, “BNSF has also transported turbines, other large machinery and pipes for use at the drilling sites.”

There’s still more to this empire. In 2015, Buffett “nearly doubled Berkshire’s position in Phillips 66,” one of the country’s leading oil (and gas) refiners and processors. The company has 15 refineries which can refine a total of 2.2 million barrels of crude per day.

In January of this year alone, Buffett spent a staggering $832 million to buy yet more Phillips 66 stock. At more than $5 billion, it is his sixth-largest holding. He now owns 14 percent of the “Number 7” company on the Fortune 500 list.

Phillips 66 is a major co-owner of the Wood River Refinery in Illinois, which in recent years made investments “to expand the capacity to handle the bitumen from the Alberta oil sands by nearly 700%.” Also not coincidentally, for the last year, Phillips 66 has been trying to get California planning commissioners to let it build a 1.3-mile rail spur to its Santa Maria refinery. Why? As the Sierra Club explained last month, “The oil giant seeks to transport tar sands crude from Canada in mile-long trains — each laden with over 2 million gallons of dirty crude.”

Both A Livable Climate And Buffett’s Empire Cannot Thrive

Yes, the Oracle of Omaha has a thing for the Canadian tar sands. But more than that, over the last several years he has built a vertically-integrated fossil fuel empire — one that develops, delivers, processes, and even burns the most carbon-intensive fossil fuels. It would be a brilliant strategy except for two small details.

First, climate science makes clear we have to leave most fossil fuels — and virtually all of the most carbon-intensive — in the ground to avoid global catastrophic warming. Second, over the past 18 months, the leading nations of the world unanimously agreed on a plan whose goal is to do just that, and the overwhelming majority of them made detailed pledges to slow or reverse carbon-intensive growth and replace it with carbon-free growth.

The domestic and international coal market has already collapsed as a result of growing environmental concerns and low-cost alternatives including renewables. If the world follows through on its plans to keep total warming below 2°C — a big “if,” for sure — then coal is going to continue to be squeezed out of the market in the coming decades and oil will almost certainly follow the same fate, peaking in demand by 2030, as I discussed last month.

Now whether or not you believe the world is going to achieve the plan it unanimously embraced in Paris in December, surely Buffett ought to at least mention to his shareholders the risks to Berkshire Hathaway if the world does. Yet, his latest annual letter to shareholders dismisses the risk of climate change.

Here is all Buffett says about the coal risk: “To begin with an obvious threat, BNSF, along with other railroads, is certain to lose significant coal volume over the next decade.” But he quickly dismisses this as a problem that is not “crucial to Berkshire’s long-term well-being.”

Last summer, BNSF executive chairman Matthew K. Rose noted the decline in U.S. coal transport and consumption. He said of his company’s major investment to upgrade its rail service to and from the coal-rich Powder River Basin, “That leaves us with millions of dollars in investment in what will eventually be stranded assets.”

Certainly, from a short-term business perspective, investing in oil-by-rail and tar-sands-by-rail to replace coal-by-rail appears to make sense. But what are the risks those investments will eventually become stranded assets, too? Low oil prices aren’t good for crude-by-rail, as BloombergBusiness explained in December. And aggressive climate action, which could well give us peak demand within 15 years, is not bullish for oil prices.

BNEFoilpeak1-16
CREDIT: BLOOMBERG

Rather than informing shareholders about any of these risks, Buffett asserts the reverse: “Both BHE [Berkshire Hathaway energy] and BNSF have been leaders in pursuing planet-friendly technology.” Seriously?

I discussed in Part 2 how, despite BHE’s own investments in renewables, BHE is working to crush solar energy in Nevada and around the western United States. And it remains a huge user of coal. And as we’ve seen BNSF is a major deliverer of coal….

But here is how Buffett defends the fairly ludicrous claim that BNSF is somehow one of the “leaders in pursuing planet-friendly technology”:

BNSF, like other Class I railroads, uses only a single gallon of diesel fuel to move a ton of freight almost 500 miles. That makes the railroads four times as fuel-efficient as trucks!

Yes, BNSF is a very fuel-efficient way of delivering vast amounts of climate-destroying fuels to market.

Finally, is it only a coincidence that after outperforming the market for decades, the stock of Berkshire Hathaway has actually underperformed the S&P 500 over the last five years?

Again, if serious global climate action ultimately keeps oil prices low and renders much of the tar sands uneconomic, then Buffett’s carefully constructed fossil fuel empire is going to keep suffering — and deservedly so. After all, leading climate activists have been urging major investors to disinvest in fossil fuels for years. Buffett is doing the exact reverse!

BOTTOM LINE: Between Berkshire Hathaway and a livable climate, only one can thrive. That’s not a tough choice, is it?

Hearing on Phillips 66 oil-by-rail plan continues Friday in San Luis Obispo

Repost from The Tribune, San Luis Obispo

Hearing on Phillips 66 oil-by-rail plan continues Friday in San Luis Obispo

HIGHLIGHTS
• The county Planning Commission holds a 4th day of public testimony on a proposal to bring crude oil by rail to the Nipomo refinery

•  Most of the four dozen speakers commenting Friday morning support the project; many coming from Southern California
•  As of 10:30 a.m. nearly 100 people were waiting to speak to the commission

By Cynthia Lambert, March 11, 2016 11:26 AM
The San Luis Obispo County Planning Commission on Friday, during a fourth day of a hearing on a proposal by Phillips 66 Co. to bring oil by rail to its Nipomo Mesa refinery.
The San Luis Obispo County Planning Commission on Friday, during a fourth day of a hearing on a proposal by Phillips 66 Co. to bring oil by rail to its Nipomo Mesa refinery. David Middlecamp

More than four dozen speakers, most of them in support of the Phillips 66 oil-by-rail plan, shared their views with San Luis Obispo County Planning Commissioners on Friday morning in the fourth day of a hearing on the controversial proposal that has drawn statewide attention.

Planning Commission Chairman Don Campbell said he hoped the board could wrap up public comment Friday, adding: “We aren’t getting a lot of new information. We’re getting a lot of the same information, just different people.”

The county planning staff said at 10:30 a.m. they still had a stack of 94 speaker cards. About 50 people had already commented at that point in the morning.

Phillips 66 has applied to San Luis Obispo County to build a 1.3-mile rail spur with five parallel tracks from the main rail line to its Nipomo Mesa refinery, an unloading facility at the refinery and on-site pipelines. In three previous days of hearings, hundreds of people from around the state packed the meeting room, many condemning the proposal out of fears that an oil train derailment anywhere along the route would be disastrous. Supporters at previous meetings, many of them Phillips 66 employees, had defended the proposal, pointing to the refinery’s good safety record and the jobs it provides.

On Friday morning, many of those who commented before the commission’s morning break said they traveled to San Luis Obispo County early in the morning from Southern California to support Phillips 66 and United Steelworkers members.

Some said they were affiliated with the South Bay Center for Community Development, based in Wilmington, which has partnered with the union and the refinery to provide job opportunities for the community.

Phillips 66’s Los Angeles refinery comprises two facilities in Carson and Wilmington.

“We’re talking about directly benefiting 200 households, providing jobs for these people,” said Noel Genuino, who works for the nonprofit organization and was wearing a United Steelworkers shirt.

Cal Poly student Paul Sullivan, a computer science master’s student, also spoke in support.

“I think that any jobs we can find, especially in this area, is something we really need to work for,” he said. “I think that the environmental (impacts) and danger of the project is definitely overstated and a lot of students agree with me.”

The few speakers in opposition on Friday included Grover Beach City Councilwoman Miriam Shah, who said that blocking the project “may very well be our last chance to control the rail lines that run through the coast.”

“I can’t see a reason to put any more pollution into the environment and into their lungs,” she said.

The board of supervisors’ chambers, where the meeting is taking place, was full Friday morning, with many opponents and supporters in the room. But many of the opponents have already given their comments to the commission.

More than 300 people have spoken in front of the commission in three previous hearings. Most of the 200 speakers during the first two days, Feb. 4 and 5, urged the panel to reject the project, while many of the 100 speakers on the third day of the hearing, supported the plan.

The county planning staff has recommended denial of the project, which as proposed would allow five trains a week, for a maximum of 250 trains per year to deliver crude oil to the refinery.

Each train would have three locomotives, two buffer cars and 80 railcars carrying a total of about 2.2 million gallons of crude oil, according to county planners.

During a previous hearing day, representatives from Phillips 66 urged the commissioners to approve an alternate plan to allow three trains a week instead of five, or a maximum of 150 trains a year.

The county staff report states that three trains a week — or 150 a year — would reduce the significant toxic air emissions to no longer be considered a “Class 1 significant impact” at the refinery, which refers to the highest level of negative impacts referenced in the project’s final environmental impact report.

But emissions of diesel particulate matter would still remain a “Class 1” impact on-site, according to the staff report, and there would still be 10 “Class 1” impacts along the main rail line, such as impacts to air quality, water resources, potential demands on emergency response services and an increased risk to the public in the event of a derailment.