Category Archives: Valero Benicia Refinery

LOCAL OP-ED – Craig Snider: Three reasons to oppose crude by rail

Repost from The Benicia Herald

3 reasons to oppose crude by rail

by Craig Snider, August 9, 2014

WHEN MY FAMILY MOVED TO BENICIA IN 2003, we spent our first week in the Best Western on East Second Street. During our stay we met several workers visiting from refineries in Texas to assist with projects at local refineries. During breakfast, I mentioned to one of them that we had bought a house in Benicia and were waiting to move in. He replied, “I wouldn’t have my family living within five miles of a refinery,” implying that it was unsafe because of the risk of an accident.

We had already purchased our home and were pleased with the location of the town, the high-quality schools, the quaint downtown and the local arts community. At the time, I judged that the prevailing wind direction and rolling hills would likely buffer our home from the effects of any serious accident, such as the recent Chevron fire in Richmond, and that the many Benicia amenities outweighed any risk the refinery posed.

Now we are faced with the prospect of 100 tank cars of crude oil being hauled into Benicia every day. Valero insists this would be safe and warns that without a new facility to offload the crude oil, local jobs, company profits and charitable contributions would be at risk.

I have no doubt that, if necessary, crude oil could be transported by rail to various parts of the country safely and efficiently. We have the technological and engineering expertise to do amazing things these days, and such expertise could readily be applied to the crude oil transport business.

Some in our community scoff at the risk posed by crude by rail (it’s comforting to some that the Quebec derailment that killed 47 people and the many accidents that have since occurred were caused by human error and could have been prevented). Others are horrified at the thought of a similar accident here or elsewhere. They highlight the fact that this crude oil is more volatile and toxic than other types, that an accident here would wreak havoc on our lives, and they want to stop the Valero Crude-by-Rail Project in its tracks.

As I see it, there are three major reasons to oppose the project at this time.

First, simply put, hauling 100 tank car loads of volatile Bakken crude or toxic Canadian tar sands crude raises the risk of an accident relative to the status quo. Benicians already live in the shadow of a refinery; is it really necessary or desirable to add to this risk to satisfy Valero?

Second, rules governing high-hazard flammable trains need to be thoroughly vetted and approved before the Valero proposal can be approved. Between March 2013 and May 2014, there were 12 significant oil train derailments in the United States and Canada, including the Quebec accident. Crude by rail arriving in California was up 506 percent, to 6.3 million barrels, just last year. In fact, more crude oil was transported by rail in North America in 2013 than in the previous five years combined. Yet it wasn’t until the first of this month that regulations were proposed for dealing with this unprecedented increase in “High-Hazard Flammable Trains” (see Federal Register, Aug. 1, 2014, pg. 45,016).

Apparently the Pipeline and Hazardous Materials Safety Administration (part of the U.S. Department of Transportation) expects to issue new regulations governing crude by rail sometime after a 60-day comment period that ends Sept. 30. Oddly, their federal notice includes a brief two-page “environmental assessment” that concludes there will be no significant environmental impacts associated with their proposals. Apparently we are to trust the railroad industry and their minders to do the right thing after they have steadfastly refused to institute train safety mechanisms, such as “Positive Train Control,” that would have saved 288 lives, prevented 6,500 injuries and 139 crashes in the past 45 years. At a minimum, the rules governing high-hazard flammable trains should be subject to a full environmental impact statement as provided by the National Environmental Policy Act.

Such an environmental impact statement might determine that crude-by-rail terminals should be located a minimum distance from residential areas and that crude-carrying trains travelling through metropolitan areas be guided by automated systems that monitor speed, location and rail traffic, so that the potential for human error would be substantially reduced. Such systems currently exist, but have been largely ignored by the railroad companies. These measures need to be studied and decided upon before the Valero proposal is approved.

Finally, what’s the rush? Many would argue that fossil fuel use needs to be curtailed because of greenhouse gas emissions and the environmental havoc caused by ever-more-destructive means of obtaining oil (fracking, tar sands, etc.). Approving the Valero project gives tacit approval to these means, allowing our community to profit at the expense of other people and places. Maybe it’s time to just say no.

Craig Snider is a Benicia resident. He recently retired from the U.S. Forest Service, where he was regional environmental coordinator for the national forests in California from 2003-14.

VALLEJO TIMES-HERALD: Sacramento-area leaders concerned about crude-rail risks

Repost from The Vallejo Times-Herald

Sacramento-area leaders concerned about crude-rail risks

Uprail communities urge Benicia to address oil train safety hazards
By Tony Burchyns, 08/09/2014

Sacramento-area leaders are voicing concerns about Valero’s proposed crude-by-rail plan, accusing Benicia of paying too little attention to potential “very serious” hazards of increased oil train shipments through Placer, Sacramento, Yolo, Solano and Contra Costa counties.

In a draft comment letter on the project, the Sacramento Area Council of Governments last week sharply criticized a Benicia study that found that the crude oil trains rattling through cities and sensitive habitats would pose no “significant hazard” whatsoever.

“We believe that conclusion is fundamentally flawed, disregards the recent events demonstrating the very serious risk to life and property that these shipments pose, and contradicts the conclusions of the federal government, which is mobilizing to respond to these risks,” the letter states.

In May, the U.S. Department of Transportation found that crude-by-rail shipments pose an “imminent hazard,” based on a recent pattern of fires and spills involving crude oil shipments from the Bakken oil fields of North Dakota.

The letter urges the city to “substantially revise” the project’s draft environmental impact report “so that it will fully inform the public and the City Council of the full impacts.”

Valero is proposing daily shipments of up to 70,000 barrels of crude to its Benicia refinery. The tank cars would originate at unspecified North American sites and be shipped to the Union Pacific Railroad’s Roseville yard, where they would be assembled into two daily 50-car trains to Benicia.

Last month, Benicia officials extended the public comment period on the project’s draft environmental impact report to Sept. 15.

The council — which represents six counties and 22 cities in the Sacramento region — is set to approve its draft letter later this month. Meanwhile, the Yolo-Solano Air Quality Management District, Yolo County Board of Supervisors and Caltrans separately have submitted comment letters to Benicia expressing concerns about the project.

Yolo County officials contend that Benicia’s project analysis “provides only a brief review of the environmental, safety, and noise effects on upstream communities.”

“All areas along the route will have the same trains traveling on them,” the Yolo County officials wrote. They added that potential risks to all communities along the rail line should be studied.

The Yolo-Solano Air Quality Management District recommended that the city offset increased air emissions from locomotives by supporting clean-tech programs in the region. The district also faulted the city for not studying the project’s cumulative air pollution effects throughout Sacramento and Yolo counties, as well as parts of Placer, El Dorado, Solano and Sutter counties.

Caltrans focussed its concerns on how oil train deliveries would impact Interstate 680 near the Bayshore Road off-ramp. They recommend safety measures — including rail signals — at the Bayshore Road crossing to prevent freeway backups during peak commute hours.

The agency also requested that a mechanism be put in place to advise Caltrans directly of any accidents affecting the freeway.

Benicia Senior Planner Amy Million said the city would respond to all valid project concerns following the close of the public comment period. The next public hearing on the project is set for 7 p.m. Thursday at City Hall, 250 E. L St.

Sacramento leaders: Risk of oil train explosions must be acknowledged

Repost from The Sacramento Bee

Sacramento leaders: Risk of oil train explosions needs to be acknowledged

By Tony Bizjak, Aug. 5, 2014
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An oil train derailment and explosion in Quebec last July prompted Canadian officials to impose tougher safety regulations. | Paul Chiasson / AP/Canadian Press

Sacramento area leaders say the city of Benicia is failing to acknowledge the risks of explosions and fires that could happen if the Bay Area city approves Valero’s plan to run crude oil trains through Northern California to its refinery.

The accusation, in a draft letter released Tuesday by the Sacramento Area Council of Governments, comes in response to a Benicia report that said twice-daily rail shipments of 70,000 barrels of crude will pose no significant threat to cities on the rail line, such as Roseville, Sacramento and Davis.

The Sacramento group is calling that finding “fundamentally flawed,” and points out that the federal government issued an emergency order in May saying new volatile crude oil shipments are an “imminent hazard” along rail lines.

“I don’t know how you can conclude there is not a significant hazard,” said Kirk Trost, an attorney for SACOG, a planning agency of the region’s six counties and 22 cities. “The (environmental report) never looks at the risk of fire and explosion in one of these situations.”

Trost said the letter has not yet been endorsed by the SACOG, but was written by SACOG staff in consultation with regional leaders.

It urges Benicia to redo its analysis and provide a clearer picture of the risks the project imposes on up-rail cities. It also says the project, proposed by Valero Refining Co., should not be approved without new funding to train firefighters to deal with oil spills and for rail safety improvements.

It also calls for limits on the amount of time crude oil tank cars are stopped or stored in cities. “Our view is they should not be stored in any of our communities along the line,” Trost said.

Valero, which receives most oil at its Benicia refinery via ship, plans to begin taking deliveries by train from various sites in North America, including potentially from the Bakken fields of North Dakota. Bakken trains have been involved in several recent explosive fires, including a derailment in the Canadian town of Lac-Megantic that killed 47 residents. Federal officials said last month that studies show Bakken oil is more volatile than other crude oils. The oil industry disputes that assertion.

The Benicia report concluded that an oil spill between Roseville and Benicia can be expected to happen once every 111 years. It acknowledges “if a release in an urban area were to ignite and/or explode, depending on the specific circumstances, the release could result in property damage and/or injury and/or loss of life,” but doesn’t expand on that statement. Instead, it says rail transport is becoming safer.

The SACOG letter challenges the once-in-111-years figure, noting it was calculated using data from 2005 to 2009, and disregards a dramatic surge in crude oil rail spills and fires in the last two years. Benicia city planners did not respond to a Bee request for comment.

Benicia’s analysis stops at Roseville. Several local officials, including Plumas County supervisor Kevin Goss, say they want it to include likely routes to the north and east, including the Feather River Canyon and the Dunsmuir areas, both of which have been designated by the state as high-hazard areas for train derailments.

“I think it should be studied all the way out to where (the shipments) originate,” Goss said.

Benicia officials have said they did not study beyond Roseville because they do not know which route crude oil trains might take beyond that point.

Several attorneys, unassociated with the case, say state environmental law lays out what cities should study, but has gray areas.

Environmental law attorney Andrea Matarazzo, a partner with the Pioneer Law Group in Sacramento, says case law makes it clear that a city can’t draw a line around its project and study only local impacts. But she said the city can make a judgment call on where to stop, if it has a reasonable explanation.

Another environmental law attorney, Jim Moose, partner at Remy, Moose, Manley in Sacramento, said that CEQA does not require a city to look at the “Armageddon” or worst-case scenario, but cities are obligated to look at reasonably foreseeable impacts. “It seems to me a good EIR would lay out the consequences and not just say the probability of it, especially since the time frame in question is not all that long” from a legal perspective. “But it is a gray area of the law.”

SACOG attorney Trost said the draft letter will be reviewed by the SACOG board later this month. Benicia has set a Sept. 15 deadline for receiving comments and questions to its environmental analysis. Yolo County sent Benicia a similar complaint letter last month.

Yolo County Board of Supervisors critical of Valero Draft EIR

[Editor: The Yolo County Board of Supervisors submitted an incredibly important letter to the City of Benicia critical of the Draft EIR for Valero Crude by Rail.  In their letter, the Board lays out the importance under California law of taking into account indirect impacts beyond those of the immediate project, including “upstream” communities along the rails in Placer, Sacramento, Yolo, Solano, and Contra Costa counties.  Benicia organizers offer profound thanks to our “uprail” neighbors whose health and safety concerns are also ours.  Below is a brief excerpt.  For the full document in PDF format, click here.  – RS]

Yolo County Board of Supervisors

July 15, 2014

VIA CERTIFIED MAIL AND E-MAIL

Amy Million, Principal Planner
Community Development Department
250 East L Street
Benicia, CA 94510

RE: Valero Benicia Crude by Rail

Dear Ms. Million:

Yolo County has reviewed the City of Benicia’s Draft Environmental Impact Report (“DEIR”) related to the project at the Valero Oil Refinery that would result in the daily delivery of 70,000 barrels of oil by rail to the Refinery (the “Valero Project”). The Valero Project would move approximately 80% of Valero’s crude deliveries from ocean tankers to railways that traverse through our local communities and sensitive environmental resources.  Notwithstanding the change in where the oil is traveling, the DEIR pays little attention to the potential upstream effects of increased oil by rail shipments through Placer, Sacramento, Yolo, Solano, and Contra Costa counties.

As discussed below, the DEIR provides only a brief review of the environmental, safety, and noise effects on upstream communities. This DEIR justifies this cursory analysis because the effects are “indirect” and not in the Project’s immediate vicinity.  […continued…]