Category Archives: Tar sands crude

Diane Bailey: Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years

Repost rom NRDC Switchboard, Diane Bailey’s Blog

September 17, 2014

Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years.

Diane Bailey

Actually, that’s kind of worrisome, especially considering that if you don’t experience that disaster yourself, your kids probably will.  This is one of the many absurd elements showing Valero’s cavalier attitude toward public safety in the draft Environmental Impact Report (EIR) for its proposed crude by rail project, for which public comments were due this week.  The hazard analysis in this report is also a serious underestimate, according to the State among many others: The California Public Utilities Commission notes the serious failure of Valero to address the “potential for tragic consequences of crude oil tank car ruptures” from its proposed Crude by Rail Project.

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Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years

This dangerous crude project is so riddled with problems that many communities up-rail are now voicing serious concern.  The City of Sacramento highlights the high concentration of people around the rail freight lines (“more than 147,000 City residents live within ½ mile”) serving the “Valero Benicia refinery [which] is one of two California refineries that are in the process of securing permits to build rail terminals to import Canadian tar sands and Bakken crude oils.” (emphasis added)  And the City of Davis suggests that the “highest levels of protection [be implemented] before disasters such as hazardous material releases and explosions occur [so that] we can avoid having such disasters in the first place.”

Benicians for a Safe and Healthy Community explain why the project is fatally flawed with 132 pages of concerns.  Valero’s crude by rail proposal is like so many other projects popping up all over the nation in a mad rush to access cheaper, extreme and dangerous crude oils, with little regard for public health or safety.  This project is a total disaster (based on NRDC, CBE and other comments) because it brings:

  • More Refinery Pollution: Bringing in extreme crudes like tar sands and fracked Bakken crude will only increase refinery pollution.  Valero’s Benicia refinery already releases 70 percent more toxic chemicals than the average for California.
  • Toxic Plumes Along Rail Lines: This thing called “crude shrinkage” happens during transport, where entrained gases escape, leading to a 0.5 to 3 percent loss of crude oil.  It’s a big problem for volatile crude oils like Bakken, and coupled with the high benzene levels found in some North American crudes (up to 7%), it creates a serious toxic plume around rail lines.  For instance, we estimate over 100 pounds per day of excess benzene emissions from the Valero proposal in the Bay Area (or 1800 times more than the draft EIR reports).
  • Extreme Crudes are Dangerous: Valero and other oil companies pretend that they can mix extreme crudes like tar sands and fracked Bakken into the ideal “Alaskan North Slope look-alike” crude, which sounds great, except that it doesn’t work that way in reality.  Both Bakken and tar sands carry their dangerous properties into any crude oil blend making it more volatile, toxic, and corrosive.
  • CBR Terminals at Refineries Amplify the Hazard: Valero proposes to site its crude by rail unloading facility within 150 feet of a number of very large refinery tanks that store highly flammable and potentially explosive material.  If a derailment occurred at the terminal, it could set off a chain reaction of fire and explosions at the refinery.  And there have been three derailments in Benicia outside the Valero refinery in the past year; luckily those trains were carrying petroleum coke, not crude oil.
  • Risk of Catastrophic Accidents All Along the Rail Route:  Valero’s “Barkan report” that estimates a release only every 111 years from the proposed 100 daily tank cars carrying crude is absurd for many reasons.  Most egregious is that it fails to consider recent data, like the six major crude oil train accidents over the past year that have resulted in massive fireballs and destruction, including 47 casualties in Lac Mégantic. The safety risks to tens of thousands of people living around these freight rail lines remains grave.

The oil industry has been promoting “look-alike” crudes that attempt to mimic conventional crude by blending extreme bottom of the barrel crudes.  The mile-long trains laden with these extreme crudes are a Trojan horse that puts millions of Californians at risk and threatens to undo several decades of environmental progress.  We need a moratorium on all new crude by rail projects, including Valero-Benicia, until the state can assess the cumulative impacts of these projects, make sure environmental impacts are fully mitigated and assure communities that they will be safe.

‘Severe… Pervasive… Irreversible”: IPCC’s Devastating Climate Change Conclusions

Repost from Common Dreams
[Editor: The fact of climate change is CRITICAL CONTEXT for any decision on Valero’s grab for inexpensive, dangerous and dirty North American crude oil.  Valero is aware of this, thus the manipulative claim that their project would actually reduce greenhouse gases in the wider Bay Area, while ignoring the truly LOCAL air quality impacts in Benicia, and obfuscating the finding of significant and unavoidable air quality impacts uprail.  – RS]

‘Severe… Pervasive… Irreversible”: IPCC’s Devastating Climate Change Conclusions

A draft of the UN panel’s synthesis report on the global scientific community’s assessment of human-caused global warming offers the starkest and most strongly-worded warning yet of the dangers ahead
August 27, 2014, by Common Dreams, Jon Queally, staff writer

Climate change is here. Climate change is now. Climate change will be significantly more dangerous, deadly, and expensive if nothing is done to correct humanity’s course, but aspects of future shifts are probably already irreversible.

That’s the assessment of the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which has sent world governments a draft of its final “Synthesis Report” which seeks to tie together previous reports the panel has released over the last year and offers a stark assessment of the perilous future the planet and humanity face due to global warming and climate change.

Based on a clear and overwhelming consensus among the world’s leading scientists, the draft says that failure to adequately acknowledge and act on previous warnings has put the planet on a path where “severe, pervasive and irreversible impacts” of human-caused climate change will surely be felt in the decades to come.

In a clear statement regarding the dangers of continued inaction, the draft report declares: “The risk of abrupt and irreversible change increases as the magnitude of the warming increases.”

Obtained by several media outlets—including the Associated Press, the New York Times, and Bloomberg—the draft includes not new information per se, but employs stronger language and contains a more urgent warning than the previous reports from the IPCC which it attempts to synthesize and summarize.

Asked for his reaction to the draft, Pennsylvania State University climate scientist Michael Mann wrote this to the AP in an email: “The report tells us once again what we know with a greater degree of certainty: that climate change is real, it is caused by us, and it is already causing substantial damage to us and our environment. If there is one take home point of this report it is this: We have to act now.”

As IPCC Chairman Rajendra Pachauri explained in a statement, the last report—which still faces a final review, editing, and approval process—is designed to integrate “the findings of the three working group contributions to the IPCC’s Fifth Assessment Report and two special reports” and “provide policymakers with a scientific foundation to tackle the challenge of climate change.” Taken together, the IPCC reports and their recommendations are designed to help governments and other stakeholders work together at various levels, including a new international agreement to limit climate change, he said.

According to the Associated Press, which reviewed the 127-page document, the IPCC draft

paints a harsh warning of what’s causing global warming and what it will do to humans and the environment. It also describes what can be done about it.

“Continued emission of greenhouse gases will cause further warming and long-lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems,” the report says. The final report will be issued after governments and scientists go over the draft line by line in an October conference in Copenhagen.

Depending on circumstances and values, “currently observed impacts might already be considered dangerous,” the report says. It mentions extreme weather and rising sea levels, such as heat waves, flooding and droughts. It even raises, as an earlier report did, the idea that climate change will worsen violent conflicts and refugee problems and could hinder efforts to grow more food. And ocean acidification, which comes from the added carbon absorbed by oceans, will harm marine life, it says.

Without changes in greenhouse gas emissions, “climate change risks are likely to be high or very high by the end of the 21st century,” the report says.

And the New York Times noted:

Using blunter, more forceful language than the reports that underpin it, the new draft highlights the urgency of the risks that are likely to be intensified by continued emissions of heat-trapping gases, primarily carbon dioxide released by the burning of fossil fuels like coal, oil and natural gas.

The report found that companies and governments had identified reserves of these fuels at least four times larger than could safely be burned if global warming is to be kept to a tolerable level.

That means if society wants to limit the risks to future generations, it must find the discipline to leave a vast majority of these valuable fuels in the ground, the report said.

It cited rising political efforts around the world on climate change, including efforts to limit emissions as well as to adapt to changes that have become inevitable. But the report found that these efforts were being overwhelmed by construction of facilities like new coal-burning power plants that will lock in high emissions for decades.

From 1970 to 2000, global emissions of greenhouse gases grew at 1.3 percent a year. But from 2000 to 2010, that rate jumped to 2.2 percent a year, the report found, and the pace seems to be accelerating further in this decade.

The IPCC draft will not be finalized until after governments have a chance to weigh in on the report and following a meeting in Copenhagen slated for late October.

In September, the United Nations is hosting its next international climate summit in New York City and climate campaigners are hoping to capitalize on the meeting by planning what they are calling the “People’s Climate March” during the same week as a way to apply pressure on world governments to finally act on the issue.

If nothing else, the leaked IPCC draft report will serve to galvanize and add weight to the climate justice movement, which has consistently demanded that world leaders respond to the crisis with action—not words.

As David Turnbull, director of campaigns for the group Oil Change International, which is signed-on to support the New York march, said recently: “Politicians have come together too many times with nothing more than rhetoric and empty promises in tow. Next month, thousands of true leaders will be marching on the streets of New York demanding real action. The question is, will our elected leaders follow.”

Albany County enlists top legal firm for oil train fight

Repost from Capital Playbook, Albany, NY
[Editor: Significant quote: “The county has placed Mintz Levin on retainer….  The firm will help with a potential legal battle with Global Partners, which has threatened to sue after the county placed a moratorium on expanding crude-handling facilities at the Port of Albany.”  (emphasis added) – RS]

Albany County enlists top legal firm for oil train fight

By Scott Waldman  |  Aug. 22, 2014
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First responders are familiarized with tank cars on the CSX Safety Train next to the Hudson River in the Port of Albany. (AP Photo/Mike Groll)

ALBANY—Albany County has hired a high-powered Boston environmental law firm to help with its battle against a Fortune 500 company that’s bringing in millions of gallons of crude oil every day.

The county has placed Mintz Levin on retainer, county attorney Tom Marcelle said. The firm will help with a potential legal battle with Global Partners, which has threatened to sue after the county placed a moratorium on expanding crude-handling facilities at the Port of Albany. Marcelle said Albany County has subpeona power and Mintz Levin could be used to enforce the county’s right to question top Global officials if they withhold information the county is seeking.

“The county executive wanted to ensure the people of Albany County had the best to represent their health and safety,” he said.

The county will probably spend up to $100,000 with the firm, Marcelle said.

The firm, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, can also help the county submit comments to the federal Department of Transportation over its proposed new regulations for oil trains. Those federal regulations call for a phasing out of rail cars that transport a certain type of crude. Those cars are more likely to rupture and leak if they derail.

County officials are not happy with the federal proposal because it would still allow those older cars to transport the type of heavy crude Global Partners wants to bring to Albany. That crude from the oil sands of western Canada, also known as tar sands, is nearly impossible to clean up from waterways like the Hudson River because it sinks to the bottom.

The Boston law firm specializes in environmental law and employees about 500 attorneys. It has offices in London, Los Angeles, New York, San Francisco and elsewhere. Attorneys at Mintz Levin helped draft the state’s Brownfield pollution mitigation legislation and has defended enforcement actions in federal and state court, according to its website.

Global, which is based in Waltham, Massachusetts and is a Fortune 500 company, threatened legal action against the county shortly after the moratorium was issued, but has yet to file suit.

Albany County Executive Dan McCoy has taken a more aggressive approach to oil train enforcement than city and state officials and has also proposed a law that would fine oil train operators who fail to quickly report spills. McCoy has appointed a health and safety panel that is examining Global’s crude-handling facilities.

Global wants to build a series of boilers at the port that would allow it to bring in heavy crude oil, like from the oil sands of western Canada.

Albany has become one of the nation’s largest hubs from crude oil from the Bakken formation of North Dakota. The proposed boiler facility would effectively turn New York into a major oil-by-rail pipeline for another type of crude and has generated strong opposition.

Lynne Nittler of Davis, CA: Take Action!

Repost from The Davis Enterprise

Exercise the power of public comment

by Lynne Nittler, August 10, 2014
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Oil tanker cars travel by rail through Davis on a recent evening. Valero oil refinery in Benicia wants to expand its oil shipments to 100 tank cars per day. Jean Jackman/Courtesy photo

The story of crude-by-rail in California is not a done deal. As new developments unfold almost daily in this remarkable drama, it is clear that public input can make a significant impact.

For example, last January, fierce community opposition — plus a letter from state Attorney General Kamala Harris urging further scrutiny on air quality and the risk of accidental spills — led city leaders in Pittsburg to reopen the public comment period on its draft environmental documents.

The WesPac Petroleum project had called for an average of 242,000 barrels of crude — the equivalent of 3.5 trains per day — to be unloaded daily and stored in 16 tanks before being piped to the five Bay Area refineries. Now, it appears WesPac may never reapply. An alert public can bring about change.

Valero in Benicia is a long way from giving up on the rail terminal that will allow it to import 100 tank cars of crude by rail daily, most likely from the tar sands of Alberta, Canada, and the Bakken Crude shale of North Dakota. These two extreme forms of crude — Bakken crude is highly volatile and proven explosive and tar sands bitumen is toxic and impossible to clean up in a spill (Kalamazoo spill, July 2010) — are already being processed in some Bay Area refineries.

The California Energy Commission predicts within two years that California will receive 25 percent of its crude by rail, mostly from these two extreme crudes that emergency workers currently are not prepared to deal with in the event of a spill or accident. For the Sacramento region, that will mean five to six trains of 100 cars per day by the end of 2016!

Your input now may make a significant difference. The draft environmental impact report for the Valero proposal is open for public review until Sept. 15. A printed copy is at the Stephens Branch Library, 315 E. 14th St. in Davis, and is available online at www.benindy.wpengine.com. Every letter submitted becomes part of the public record and must be addressed in the final EIR.

Frankly, the draft EIR focuses on impacts to Benicia, and just glances at uprail communities like Davis. But two 50-car trains coming across the Yolo Causeway and the protected Yolo Basin Wildlife Area; passing high-tech businesses along Second Street; rolling into town through residential neighborhoods, where the vibrations will be felt from each heavy car; following the unusual and therefore dangerous 10 mph crossover just before the train station; passing through the train station, putting the entire downtown within the blast zone; and skirting the edge of UC Davis, including the Mondavi Center for the Performing Arts; puts many people at serious risk.

If you have concerns such as whether the tank cars are safe enough, whether the volatility of the Bakken crude should be reduced before it is loaded into tank cars, who is liable in the event of an accident, whether the trains will be equipped with positive train control to improve braking, how Valero plans to mitigate the increased air and noise pollution, how Valero can claim that accidents happen only once in 111 years, etc., then you can help.

While our city of Davis, Yolo County, Sacramento, Roseville, Fairfield, the Sacramento Area Council of Governments and the Sierra Club Yolano Group are writing their own responses to the Valero draft EIR, letters from private citizens are equally powerful.

Public workshops are planned in August and September to help residents craft their letters. They workshops will provide background on the oil train situation, discuss the California Environmental Quality Act and EIR process and offer helpful resource materials. Participants will find topics, gather evidence, write their letters and then share drafts for feedback.

Workshops are planned from 10 a.m. to noon Saturday, Aug. 9; 7 to 9 p.m. Thursday, Aug. 21; and 2 to 4 p.m. Sunday, Sept. 7. All will take place in the Blanchard Room at the Stephens Branch Library, 315 E. 14th St. in Davis. The room is accessible to people with disabilities.

The draft EIR and mailing directions are posted at www.benindy.wpengine.com. For more information, contact me at lnittler@sbcgloball.net or 530-756-8110.

Bring a friend! Every letter adds to the impact!

— Lynne Nittler is a Davis resident.