Justice for Trainsong

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URGENT ACTION ALERT:
Speak Out to Stop the Biofuels Transfer Facility in Trainsong!
**This is the only official public comment opportunity for this issue!**

We must continue to stand up to stop the Biofuels Transfer Facility in Trainsong!

The biofuels transfer facility proposed in Trainsong threatens our community’s health, safety, and quality of life. This project would bring increased pollution, hazardous materials, and heavy traffic to our already overburdened neighborhoods in Trainsong, Bethel, and River Road. We cannot allow this to happen!

Even if you've submitted comments regarding this issue before, please submit your comments again to get your opinions in the public records!

The City will accept written testimony regarding the Eugene Clean Fuels Zone Verification application during the 14-day period beginning December 3, 2024 until 5:00 p.m. on December 17, 2024.

Written testimony may be submitted within the time frame specified above via the following methods: an email to JGepper@eugene-or.gov; or by mail or hand delivery to City of Eugene Planning Division, Atrium Building, 99 West 10th Avenue, Suite 290, Eugene, Oregon, 97401 (google map).

Please note that the Atrium Building is only open to the public from 12:00 p.m. until 4:00 p.m., Monday through Friday.

 

Here's a sample letter to the City of Eugene:

Feel free to use this letter to craft your own message and adjust as you see fit. Please copy & paste this text into an email, or word document, to edit and send! Thank you.

 

December XX, 2024

Jeff Gepper, Senior Planner, City of Eugene
JGepper@eugene-or.gov
City Planning Division, Atrium Building
99 West 10th Avenue, Suite 290
Eugene, Oregon 97401

Dear City of Eugene,
I am ___ [introduce your relationship to this issue, e.g., Beyond Toxics member/resident/concerned citizen]. The issues that most concern me are ___.

I ask you to consider the impacts and risks associated with the USD Eugene Clean Fuels transloading facility proposed to be located at 799 Bethel Drive and deny the zoning verification. The inevitable harms of the facility, including traffic safety, noise, and hazardous material exposures, will bring further inequities to our community. The City should be unwilling to permit further impacts, potential illness, and stress in a neighborhood that has been historically overburdened by industry and excluded from meaningful public participation.

With the City’s withdrawal of the Zoning Verification, Eugene residents feel a tremendous sense of urgency to ensure City staff take into consideration community concerns. In your reconsideration of the decision, please consider whether the facility is consistent with Eugene’s land use code and City’s guiding values, as well as protective of the public health and safety for community members living in nearby neighborhoods.

The facility, as currently planned, will be located on railroad property directly adjacent to the Trainsong neighborhood. Trainsong, along with much of West Eugene, is a Justice40 community, meaning that it is recognized by the federal government as a disadvantaged community based on environmental burdens (e.g., exposure to legacy pollution) and socioeconomic indicators (i.e., low-income). Community members still face many unknowns about the facility, including the content of hazardous materials in these biofuels, including renewable jet fuels and renewable diesel, biodiesel and denatured alcohol, the risk of spills, explosions and fires, the impact on traffic safety, pedestrian safety, and congestion in residential areas, and the air quality harms of trucks idling and air toxics leakage from fuel transfer operations. All of these issues negatively impact basic quality of life for residents and neighborhood relationships. 

The City should consider the fact that a number of streets in Trainsong are dead-end streets, with Bethel Drive as both the only escape route and the likely source of fire or hazardous vapors. In addition to the fact that the fire station, public works, and other emergency infrastructure is located less than a mile of the facility’s location exposes the City to significant risks.

The Zoning Verification approval should be denied because the approval would be inconsistent with Eugene’s land use code. In reconsidering Zoning Verification Decision 24-20, the City should find that the proposed transloading facility would far exceed the allowed use under section 9.1070(3), which allows only “tracks, signals, and other operative devices and the movement of rolling stock.” Because the operational needs of the transloading facility far surpass these limited uses, I feel concerned about living next to a facility that is not within the outright permitted uses of our city code.

In particular, I worry about ______.

I also urge the City to remember its recent commitments towards furthering environmental justice in Trainsong and other West Eugene neighborhoods, and consider whether the transloading facility is consistent with those commitments.

__________
Signature
[Date]

 

Background

On December 3rd, the City of Eugene opened a public comment period regarding the Eugene Clean Fuels Transfer station slated to be developed in the Trainsong neighborhood via a zoning verification (Zoning Verification Decision 24-20).

A zone verification is the process a local government undergoes to confirm, in writing, the allowed use, development standards, and regulations for a specific site. Approval of this zone verification means that the City believes that the site at 799 Bethel Drive is appropriate to host the proposed transloading facility.

This public comment period is in response to the City withdrawing its verification for reconsideration, after community advocacy and legal pressure.

Now, there is a public comment window open until 5:00PM, December 17th for community members to submit written testimony as to why this zone verification should be denied.

Why should the zone verification be denied?

  • The City of Eugene Planning Department issued an approval that is inconsistent with Eugene’s land use code.

  • Eugene’s land use code leaves railroad right of ways (such as this site) unzoned, but if a project is proposed, that project must fall within the permitted uses cited in Eugene City Code 9.1070(3).

  • City Code 9.1070(3) only allows: tracks, signals, and other operative devices and the movement of rolling stock. The City in the original zoning verification determined that the proposed transloading facility met this definition.

  • We think this finding misconstrued the land use code because a fuel transfer facility operated by a private entity that is leasing the land from the Union Pacific Rail Road and that is not itself a rail company, will involve uses inconsistent with permitted uses, and will result in far more infrastructure development and use than originally intended by this City Code.

How is the proposed development inconsistent with City Code?

  • The code expressly limits infrastructure on railroad right of ways to be: accommodating tracks, signals, and other operative devices. The operational needs of a transloading facility will surpass these limited uses.

  • The code also limits activity on the railroad right of way to “movement of rolling stock,” but the problem is that this is not defined in Eugene’s land use code, nor is there a consistent definition in Oregon’s state regulations.

    * The rail industry and federal government typically define “rolling stock” as things on rail wheels that can be moved via tracks.

    * The proposed development is inconsistent with this definition because it will involve a series of operational activities that would remove fuel from parked rail cars and transfer the fuel to tanker trucks that are meant for the road, not rail tracks.

The facility is inconsistent with the Code’s use of the word “movement.” The operations would necessarily require stopping the fuel railcars at the site, and removing them from the main railroad tracks. Then, railcars will be parked on dead-end subtracks for fuels to be loaded in trucks. These rail cars will essentially serve as above ground fuel storage tanks because they will be parked during the fuel transfer process.

Even if “rolling stock” is read broadly to include trucks, the transloading facility would involve permanent built infastructure and operations that exceed the narrow purpose of the right-of-way regulations, which is designed to facilitate the continuous movement of stock.

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