1. Vancouver City Council Workshop Brent Boger, Assistant City Attorney
Crude Oil Moratorium
May 3, 2016
Vancouver City Council Workshop
Sandra Towne, Planning Manager
Brent Boger, Assistant City Attorney
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2. Presentation Overview
Provide brief background
Provide staff recommendation on how to address the crude oil facilities moratorium
Provide next steps and schedule
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3. Prior Council Review September 2014 – Ordinance M4090
Established a moratorium on applications for permits for the establishment or expansion of all crude petroleum facilities that accept crude oil except those vested or contingently vested.
March – Ordinance M4118 moratorium extension
August – Ordinance M-4132 moratorium extension
February 2015 – Ordinance M-4157 moratorium extension (Expires /17/16)
The September 2014 Ordinance M4090 provides a significant list of serious incidents caused by the transport of crude oil and points out that the Columbia River would be used as a major shipping channel for any new crude petroleum storage facility in Vancouver.
The moratorium extensions have been primarily based on the delays in the Energy Facility Site Evaluation Council (EFSEC) process preparing an environmental impact statement for petroleum uses.
The EIS was released in Nov 2015 and found to be seriously deficient in analyzing the risks associated with petroleum use expansion in the Port of Vancouver.
The EFSEC schedule includes an adjudication procedure that includes sworn testimony from proponents and all others from June 27th through the end of July on whether the Tesoro proposal does or does not meet state statute
The Final EIS is expected to be released in fall following the adjudication procedure . Then the governor is given days to make a decision on the proposal
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4. Why the Moratorium
Crude oil facilities will increase the transportation of Bakken crude oil resulting in an increase in the transportation of that commodity through the city
Human error, acts of nature, and unforeseen disasters are beyond the control of measures proposed for the transportation of Bakken crude oil and could have devastating effects on the entire community
The City has a paramount interest in the health, safety, and welfare of its citizens, and the City Council believes that the development of additional and expanded crude petroleum facilities is contrary to the health, safety, and welfare of its citizens and business community.
The September 2014 Ordinance M4090 provides a significant list of serious incidents caused by the transport of crude oil and points out that the Columbia River would be used as a major shipping channel for any new crude petroleum storage facility in Vancouver.
The moratorium extensions have been primarily based on the delays in the Energy Facility Site Evaluation Council (EFSEC) process preparing an environmental impact statement for petroleum uses.
The EIS was released in Nov 2015 and found to be seriously deficient in analyzing the risks associated with petroleum use expansion in the Port of Vancouver.
The EFSEC schedule includes an adjudication procedure that includes sworn testimony from proponents and all others from June 27th through the end of July on whether the Tesoro proposal does or does not meet state statute
The Final EIS is expected to be released in fall following the adjudication procedure . Then the governor is given days to make a decision on the proposal
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5. Staff Research
Two Washington Cities limit fossil fuel refining and storage
City of Bellingham –limits petroleum refining and storage to one barrel at a single time.
City of Hoquiam – Prohibits bulk crude oil storage and handling facilities and provides a definition for bulk crude oil storage and handling facility
Researched other port cities in Washington and other parts of the US.
The research was not all inclusive however we found 2 cities in WA that prohibit crude oil storage facilities – the City of Bellingham and Hoquiam.
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6. Staff Research cont
Staff recommends to focus on bulk crude oil storage and oil refineries to address the Council’s moratorium.
Substantial safety concerns across the nation provides justification to limit crude oil storage and refinement processes
The EFSEC draft EIS was released on November 24, 2015, and is seriously deficient in analyzing the risks associated with petroleum use expansion in the Port of Vancouver area.
Two other Washington city development codes provide good examples
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7. Stakeholder /Interested Parties Outreach
Attempt to schedule a specific stakeholder meeting with Vancouver petroleum companies, the Port, and CREDC
Mailing to over 50 industrial companies
Mailing to several environmental groups
Mailing to Neighborhood Associations
SEPA notifications
Planning Commission and City Council meetings
Based on the documented danger of crude oil transport and that any crude oil storage facility will be transporting crude oil via the Columbia River staff recommends to :
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8. Staff Recommendation Staff recommendation:
Prohibit bulk crude oil storage and handling facilities
Provide a definition of crude oil storage and handling facilities, based on Hoquiam’s example
Prohibit oil refineries
Prohibit expansion of existing crude oil storage and handling facilities
Based on the documented danger of crude oil transport and that any crude oil storage facility will be transporting crude oil via the Columbia River staff recommends to :
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9. Next Steps/Timeline June 13, 2016 – City Council workshop
July 11, 2016 – City Council consent agenda
July 18, 2016 – City Council public hearing
August 17, 2016 – Ordinance M4157 expires
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10. Questions Crude Oil Moratorium - 10
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