City to send missive urging greater safety in oil transport by train

Benicia City Council agreed Tuesday to send its own copy of a League of California Cities letter asking U.S. Secretary of Transportation Anthony R. Foxx to make rail delivery of crude oil safer.

Most of the rest of the panel preferred to stick with the verbiage suggested by the LCC, rather than use a letter with modifications to one paragraph drafted by Mayor Elizabeth Patterson.

Councilmember Tom Campbell said he was happy with either version; Patterson joined the rest to make the vote unanimous.

The mayor had changed the 15th paragraph of the letter, which recognized that most of American rail operations are governed at the federal level.

The LCC’s template letter said the city “understands that this area of regulation is largely preempted by federal law, that is why we are urging specific and timely action by the federal agencies charged with regulatory oversight in this area. We do not expect that derailments and accidents will cease altogether, but we anticipate that stricter safety standards will reduce their numbers over time.”

Patterson’s version read, “The city of Benicia understands this area of regulation may be largely preempted by federal law; therefore we are urging specific and timely action by the federal agencies charged with regulatory oversight in this area. We do not expect that derailments and accidents will cease altogether, but the current number is unacceptable. Stricter safety standards should minimize the risk to human and structures as soon as possible.”

Campbell sought additional assurances Tuesday night that endorsing the letter wouldn’t be viewed as prejudicial action prior to any votes on Valero Benicia Refinery’s proposal to extend tracks onto its property so it can receive crude oil on Union Pacific trains.

Though the Planning Commission — at least initially — will be the panel that decides whether the refinery should receive a use permit for the project, Campbell said he expects that no matter how the commission votes its decision will be appealed to the Council.

City Attorney Heather McLaughlin said she and others she has consulted determined the Council was free to vote on the letter without such worries.

Two members of the audience questioned whether the LCC position was strong enough.

Andres Soto, representing Benicians For a Safe and Healthy Community, said it could be “enhanced” to take a stronger position.

He said he just learned at another public meeting that some trains take a mile to stop, even with stronger brakes.

He also sought insistence that trains keep at least a two-person locomotive operating team, setting of a date for phasing out weaker tanker cars, and stronger wording in other sections.

“This is moving in the right direction, but more could be done,” he said.

Patterson said a Martinez environmentalist, Guy Cooper, had written a letter asking for additional modifications to the LCC letter, but McLaughlin said she had not had the opportunity to review his suggestions.

Marilyn Bardet, a longtime Benicia environmental activist who has been fighting Valero’s crude-by-rail proposal, said the letter “won’t have much impact.”

She acknowledged the local refinery’s commitment to safety on its campus, but said once a situation is away from Valero property, those concerns are reduced.

“This has nothing to do with Valero’s safety record,” she said, explaining that the Department of Transportation regulates moving “dangerous commodities” in ways that are outside the California Environmental Quality Act processes.

Chris Howe, Valero’s director of health, safety, environment and government affairs, confirmed the refinery’s focus on safety.

It is one of two refineries in California that the California Occupational Safety and Health Administration has awarded its Voluntary Protection Program Star Site designation — the other, also a Valero refinery, is in Los Angeles.

Such attention to safety extends to the refinery’s contractors, of which Petrochem Insulation, 3400 East Second St., earned VPP Star status last week, Howe said.

Other VPP Star sites in Benicia are Guarantee Electrical Construction Company, 3400 East Second St., and Safway Services, 3400 East Second St.

Howe told the Council the refinery hasn’t had a serious-injury accident in 1,051 days.

“Valero agrees with the safe delivery of crude by rail,” Howe said, not only for its own employees but for communities as well.

He promised that if the Valero Crude-by-Rail Project is approved, it would remain in compliance with all regulations, and he noted that even the LCC acknowledges that most controls are at the federal level.

Other parts of the LCC letter address railroad operations, he said, and “I can’t speak to that” in Union Pacific’s stead, explaining he could only speak for the refinery. “We will comply with the final adopted rules.”

In other business Tuesday, Mike Caplin was recognized as the 2015 Volunteer of the Year. Each year, the city announces its choice during National Volunteer Week, April 12-18.

In 2014, more than 484 volunteers gave 21,311 hours of their time providing an array of services to police, fire, emergency response, amateur radio, library, parks and other municipal services. Their work has a dollar value of $480,563, according to the city’s proclamation.

Caplin, a resident of Benicia for 32 years, has been a member of the Benicia Human Services Board since 1999 and has been instrumental in the panel’s fundraising that helps provide grants to those in need.

He has used his own experience in the tourism industry as a volunteer in Benicia’s own tourism program, Visit Benicia.

He has been a member of the Economic Development Board’s Tourism Committee and has helped staff the tourism booth at the Benicia Certified Farmers Market, Solano County Fair and Sunset Celebration. He also has spoken about Benicia tourism in Nova Scotia, Canada.

In addition, Caplin is chairperson of the Benicia State Parks Association and is a volunteer docent at the Benicia Capitol State Historic Park. He is a member of the Benicia Main Street board of directors and frequently volunteers at Main Street events.

Caplin also is a member of the Benicia Historical Museum, where he volunteers to promote Benicia history, and has been a volunteer for the Benicia Community Action Council.