Category Archives: Valero Benicia Refinery

BENICIA HERALD LETTER: Allowing crude by rail is asking for trouble, Kathy Kerridge

Repost from the Benicia Herald
[Editor:  No link is provided for this letter because the Benicia Herald does not publish letters in its online edition.  A version of this letter also appeared in the Contra Costa Times.  – RS]

Allowing crude by rail is asking for trouble

By Kathy Kerridge, August 16, 2015, Benicia Herald

It’s time for Benicia and California to say no to bringing in crude oil by rail (CBR). This is the highly explosive and flammable Bakken crude from North Dakota, which exploded in Lac-Megantic, Quebec, killing 47.  This is what Valero wants to bring into Benicia and other refineries want to bring into the Bay Area.  There have been 30 major crude by rail accidents since 2012, including the latest on July 17 in Montana that spilled 35,000 gallons from a train that was going the legal speed limit.

The refineries also want to bring in tar sands crude from Alberta, Canada.  A spill of tar sands crude in water cannot be cleaned up.  The substances that dilute the tar sands (like benzene) so it can be transported evaporate and the tar sands sink to the bottom of the water.  $1 billion, yes that’s right billion, has been spent on the Kalamazoo River spill of tar sands and the river is still not clean.  Do we want a spill on the Benicia Rail Bridge into the Carquinez Strait or one in the Suisun Marsh?  How about the Feather River Canyon where a train carrying corn recently derailed sending its cargo into the river?

Say no to CRB going over high hazard areas.  Every rail line into the state goes through one.  Say no to CBR by earthquake faults.   Say no to trains carrying crude in cars designed to carry corn syrup.  Say no to the new cars which have also split and spilled in recent derailments.  Say no to bomb trains going through densely populated areas like Sacramento, Davis, and the East Bay.  Just say no to putting people, our water sources and our environment at risk

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.

Andrés Soto letter: Not fooled by Big Oil and Big Rail

Letter to the editor, The Benicia Herald
[Editor: Note that letters do not appear in the online edition of the Benicia Herald.  Andrés Soto lives in Benicia and is well-known throughout the San Francisco Bay Area for his environmental justice advocacy and his mastery of the saxophone.  I particularly like Andrés’ focus on 19th century historical context.  – RS]

Not fooled by Big Oil and Big Rail

By Andrés Soto, July 23, 2015

Dear Editor:

Andres Soto
Andrés Soto

The recent phenomenon of transporting dangerous, volatile Bakken Crude by rail has created an opportunity for the American people to learn the true motives of Big Oil and Big Rail and what we as impacted communities can do about it.

Continuing derailments, explosions, fires and evacuations have shined the light on the Profit At Any Cost attitude of Big Oil and Big Rail. These industries grew up together in the late 19th century and led to some of the most egregious periods of income inequality, corruption and social conflict in US history.

Now these industries are asking us to trust them and allow them to bring Bomb Trains through our communities, putting our town’s economic viability at risk for a short-term economic gain. Exploding trains all over North America tell us a different story and we are not fooled.

Currently, the Valero Crude By Rail Project and the Phillips 66 San Luis Obispo Crude By Rail Project both put our town at risk for a catastrophe. Communities all over the country are standing up to oppose this high risk venture by Big Oil and Big Rail. Recently, the WesPAC Crude By Rail Project in Pittsburg, California removed the rail part of the project to make it a straight pipeline project.

Fracked Bakken Crude and strip mined Alberta Tar Sands Crude are just two of the Extreme Extracted Crude strategies by Big Oil to bring oil to market that would be better left in the ground. An intelligent global cooling plan to save our planet for future generations and all species requires the we leave the oil beneath the soil!.

Valero has already admitted it can and is bringing Extreme Crude in by barge to the Port of Benicia, thus it does not need the Valero Crude By Rail Project to be profitable. Therefore, it begs the question: Why would we, the people of Benicia, allow this project to proceed when it is just too dangerous?

Global warming is going to cause significant parts of Benicia to be underwater. Shouldn’t we be working on preventing that, rather than trying find ways to contribute to the problem?

We are the people of Benicia and our voices need to be heard! The Benicia Planning Commission and the Benicia City Council have a responsibility to listen to us and do what is in the best interests of ALL Benicians. Stop Valero’s Dangerous Crude By rail Project!!!

Andrés Soto
Benicia, CA

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.