July 28, 2026
City Council
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Sue Wilson (Sponsor)
Mayor Eduardo Martinez (Co-sponsor)
Subject:
Resolution Opposing New Coal and Petcoke Export
Facilities and Urging Stringent Regulation by the Bay
Area Air District
FINANCIAL IMPACT: There is no fiscal impact associated with adopting this resolution.
PREVIOUS COUNCIL
ACTION:
2015 Resolution: The City Council adopted Resolution
No. 48-15 on May 19, 2015, opposing the transport and
export of coal and petroleum coke (petcoke) due to
concerns regarding coal dust and public safety hazards.
On the same night, the Council also passed a companion
measure, Resolution No. 47-15 which specifically called on the Bay Area Air District (BAAD) (formerly known as
the Bay Area Air Quality Management District or
BAAQMD) to enact stricter air quality regulations
regarding the storage and handling of coal and petcoke. 2020 Coal Phase-Out Ordinance: On January 14,
2020.The City passed an ordinance requiring the phase-
out of coal and petcoke handling at the Levin-Richmond
Terminal over a three-year period in response to
community health complaints.
2021 Levin Terminal Agreement: The City reached a
legal agreement requiring strict dust-control measures
and cessation of coal and petcoke operations by the end of 2026. The City Council approved the settlement terms in closed executive session, and the finalized agreement was signed by representatives of all parties on November 12, 2021.
AGENDA
REPORT
July 28, 2026
STATEMENT OF THE
ISSUE:
The storage and handling of coal and petcoke at bulk
transfer facilities releases significant quantities of
particulate matter (PM2.5 and PM10), which are linked to severe respiratory and cardiovascular illnesses. Current proposals for the Oakland Bulk and Oversized Terminal
(OBOT) threaten to introduce millions of tons of coal
annually into the regional rail and marine corridor, directly impacting Richmond residents.
This resolution expresses solidarity with Oakland,
opposes the OBOT project, and petitions the Bay Area
Air District (BAAD) to perform a comprehensive review
under the California Environmental Quality Act (CEQA) of all potentially significant environmental impacts from the terminal and to close regulatory loopholes by adopting a stringent new Fugitive Dust Rule.
RECOMMENDED ACTION:
ADOPT a resolution opposing facilities that engage in
handling and storage of coal and petcoke in the San
Francisco Bay region and urging stringent regulation of such facilities by the Bay Area Air District (BAAD) -
Councilmember Sue Wilson (510-609-2111)/Mayor
Eduardo Martinez (510-620-6503).
DISCUSSION:
This resolution:
1. Expresses solidarity with Oakland
2. Opposes the development of a new Bay Area fossil fuel transit hub called Oakland Bulk and Oversized Terminal (OBOT)
3. Petitions the Bay Area Air District (BAAD) to close regulatory loopholes around coal and petcoke dust by adopting a stringent new Fugitive Dust Rule
4. Encourages BAAD to perform a comprehensive review under the California Environmental Quality Act (CEQA) of all potentially significant environmental impacts from the OBOT project.
The City of Oakland has been opposing the development of the Oakland Bulk and Oversized Terminal (OBOT) for more than 10 years. Although the Oakland City Council banned the handling and storage of coal within the city in 2016, subsequent lawsuits supported the developers position that the ban did not cover the OBOT project because it existed prior to 2016. The City of Oakland lost a separate lawsuit against the OBOT developers in 2025, and more recently, President Trump has singled out the project as a centerpiece of his energy policy plans (Oaklandside).
July 28, 2026
One reason to oppose the OBOT development is that the storage and handling of coal and petcoke at bulk transfer facilities releases significant quantities of particulate matter (PM2.5 and PM10), which are linked to severe respiratory and cardiovascular illnesses.
The health of both Oakland and Richmond residents will be compromised if the OBOT is completed. Even though the terminal would be in Oakland, trains carrying coal and petcoke – and spreading harmful particulate matter -- would run through Richmond to reach OBOT. The Richmond 2020 coal ban would not be sufficient to prohibit coal and petcoke transfer through Richmond when the shipping terminal is in another city.
The health effects of fine particulate matter (PM2.5) and coarse particulate matter (PM10) are well-documented by the EPA; exposure is linked to premature death, aggravated asthma, and decreased lung function. Inhaling coal dust specifically contributes to risk of a wide range of health effects including cardiovascular and respiratory hospitalization or urgent care visits, adverse birth outcomes, possible neurological impacts, days with respiratory symptoms, restricted activity, and work or school loss. Even short PM2.5 exposures can increase the risk of adverse health outcomes including acute myocardial infarction, hospitalization and emergency department visits for cardiovascular and respiratory disease, and ambulance calls.
Furthermore, coal and petcoke dust often contain toxic heavy metals, including arsenic, lead, and chromium. Beyond human health, uncovered coal trains run alongside the San Francisco Bay, presenting an immediate threat of toxic deposition into public trust waters, which undermines regional investments in habitat restoration.
The proposed Oakland Bulk and Oversized Terminal (OBOT) in Oakland aims for an initial 9 to 10-million-ton annual throughput, which expert analysis predicts would increase long-term PM10 and PM2.5 concentrations over a wide area. While the project developer has promised "state-of-the-art" controls in court, these have not yet been codified into enforceable permits. Moreover, the current BAAD regulations (Regulation 6, Rule 1) contain a significant "loophole": they primarily apply to "open or unenclosed" storage piles. This resolution urges BAAD to initiate rulemaking for a coal-specific Fugitive Dust Rule—modeled after stricter standards in the South Coast Air District—to mandate the highest level of pollution control, such as covered rail cars and enclosed conveyors.
No agency has yet performed a comprehensive review under CEQA that explicitly examines the air quality impacts of handling coal at the proposed Oakland terminal.
Since the project's original 2002 EIR, new studies have confirmed that coal terminal operations significantly increase local PM10 and PM2.5 levels. This resolution also urges BAAD to conduct a supplemental CEQA review before issuing any permits for the project.
Passing this resolution would be a continuation of 10 years of Richmond City Council actions aimed at eliminating the health and environmental hazards created when coal and petcoke are shipped via trains through the city. In 2015, the City Council adopted Resolution No. 48-15 on May 19, 2015, opposing the transport and export of coal and petroleum coke (petcoke) due to concerns regarding coal dust and public safety
July 28, 2026
hazards. The resolution passed 6-1 in favor, with Councilmember Nat Bates voting no.
On the same night, the Council also passed a companion measure, Resolution No. 47- 15, by an identical 6–1 vote, which specifically called on the Bay Area Air Quality Management District (now the Bay Area Air District) to enact stricter air quality regulations regarding the storage and handling of coal and petcoke.
In 2020, the City Council passed an ordinance requiring the phase-out of coal and petcoke handling at the Levin-Richmond Terminal over a three-year period in response to community health complaints. The final vote on the coal ordinance was taken on January 14, 2020: 5-1 in favor, with Councilmember Demnlus Johnson absent and Councilmember Nat Bates voting no.
In 2021 the City council signed the Levin Terminal Agreement, a legal agreement requiring strict dust-control measures and cessation of coal and petcoke operations by the end of 2026. The City Council approved the settlement terms in closed executive session, and the finalized agreement was signed by representatives of all parties on November 12, 2021.
DOCUMENTS ATTACHED:
Attachment 1 – Draft Resolution Opposing Coal and Petcoke Facilities Attachment 2 – Earthjustice Technical Petition to BAAD: Providing the legal and scientific justification for a new fugitive dust rule.
Attachment 3 – Ostro B, Spada N, Kuiper H. The impact of coal trains on PM2.5 in the San Francisco Bay Area. Air Qual Atmos Health. 2023;16(6):1173-1183. doi:
10.1007/s11869-023-01333-0. Epub 2023 Mar 15. PMID: 37303962; PMCID:
PMC10015136.
Attachment 4 – Oaklandside: Plans to fund Oakland coal terminal: The president will use the Defense Production Act to provide $75 million for a controversial West Oakland coal export hub