All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Forbes: Senators Try To Stop The Coming Oil Train Wreck

Repost from Forbes
[Editor:  Significant quote: “And the returning empty trains are not quite empty. They have enough oil remaining in them to produce highly volatile vapors that make them even more prone to explosions than the full cars.”  – RS]

Senators Try To Stop The Coming Oil Train Wreck

By James Conca, 4/06/2015 @ 7:45AM

Spearheaded by the Senators from Washington State, legislation just introduced in the United States Senate will finally address the rash of crude oil train wrecks and explosions that have skyrocketed over the last two years in parallel with the steep rise in the amount of crude oil transported by rail (Tri-City Herald).

Oil production is at an all-time high in America, great for our economy and energy independence, but bad for the people and places that lie along the shipping routes.

Just since February, there have been four fiery derailments of crude oil trains in North America (dot111) and many more simple spills.

More shale crude oil is being shipped by rail than ever before – every minute, shipments of more than two million gallons of crude are traveling distances of over a thousand miles in unit trains of more than a hundred tank cars (PHMSA.gov).

U.S. railroads delivered 7 million barrels of crude in 2008, 46 million in 2011, 163 million in 2012, and 262 million in 2013, almost as much as that anticipated by the Keystone XL Pipeline alone.

Diagram of a non-jacketed, non-pressure Rail Tank Car. According to the U.S. DOT regulations, “A tank car used for oil transport is roughly 60 feet long, about 11 feet wide, and 16 feet high. It weighs 80,000 pounds empty and 286,000 pounds when full. It can hold about 30,000 gallons or 715 barrels of oil, depending on the oil’s density. The tank is made of steel plate, 7/16 of an inch thick.” “The FRA and PHMSA have questioned whether Bakken crude oil, given its characteristics, would more properly be carried in tank cars that have additional safety features, such as those found on pressurized tank cars used for hauling explosive liquids. Pressurized tank cars have thicker shells and heads, metal jackets, strong protective housings for top fittings, and no bottom valves.” Source: U.S. CRS R43390

Amid a North American energy boom, our pipelines are at capacity and crude oil shipping on rail is dramatically increasing. The trains are getting bigger and towing more and more tanker cars. From 1975 to 2012, trains were short and spills were rare and small, with about half of those years having no spills above a few gallons (EarthJustice.org).

Crude is a nasty material, very destructive when it spills into the environment, and very toxic when it contacts humans or animals. It’s not even useful for energy, or anything else, until it’s chemically processed, or refined, into suitable products like naphtha, gasoline, heating oil, kerosene, asphaltics, mineral spirits, natural gas liquids, and a host of others.

But every crude oil has different properties, such as sulfur content (sweet to sour) or density (light to heavy), and requires a specific chemical processing facility to handle it (Permian Basin Oil&Gas). Different crudes produce different amounts and types of products, sometimes leading to a glut in one or more of them, like too much natural gas liquids that drops their price dramatically, or not enough heating oil that raises its price.

Thus, the push for more rail transport and pipelines to get it to the refineries along the Gulf Coast than can handle it.

Ensuring that these crude shipments are safe is the responsibility of the United States Department of Transportation, specifically the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA).

Unfortunately, the shipments aren’t really that safe. We don’t have the correct train cars to carry this unusual freight. The United States now has 37,000 tank cars with thin-walls that puncture easily after which the vapors can cause massive explosions.

And the returning empty trains are not quite empty. They have enough oil remaining in them to produce highly volatile vapors that make them even more prone to explosions than the full cars.

A clear example of this danger came on July 6, 2013, when a train carrying 72 tank cars, and over 2,000,000 gallons of Bakken oil shale crude from the Williston Basin of North Dakota, derailed in the small town of Lac-Megantic, Quebec. Much of the town was destroyed and forty-seven people were killed.

This disaster brought the problem of rail transport of crude oil to the forefront of the news and of the State and Federal legislative bodies, and brought calls for safety reforms in the rail industry.

PHMSA undertook a series of unannounced inspections, testing, and analysis of the crude being transported (PHMSA.gov). While PHMSA found that Bakken crude is correctly classified chemically under transportation guidelines, the crude does have a higher gas content, higher vapor pressure, lower flash point and lower boiling point, so it has a higher degree of volatility than most other crudes in the United States. These properties cause increased ignitability and flammability.

PHMSA now requires extensive testing of crude for shipping, but the real problem remains – most of our tank cars are not safe to transport this stuff at all and should be taken out of service.

But that may change. Senators Maria Cantwell (D-WA), Patty Murray (D-WA), Tammy Baldwin (D-WI) and Dianne Feinstein (D-CA CA+0.48%) introduced the Crude-By-Rail Safety Act of 2015.

It’s no coincidence that the first two Senators listed are from Washington State. Trains hauling this type of flammable crude pass through our state every day, right through population centers totaling over a million people (Cantwell.Senate).And the number of oil trains will double next year.

This is strange for WA State because it’s the least carbon emitting state in the union and has already satisfied any and all carbon goals one could reasonably think up for any other state. And the state is poised to go even further. So increased oil and coal shipments across its length has the people of Washington State a bit concerned.

The rail standards set by the proposed legislation would require thermal protection, full-height head shields, shells more than half an inch thick, pressure relief valves and electronically controlled pneumatic brakes.

The Senators’ legislation would also authorize $40 million for training programs and grants to communities to update emergency response and notification plans.

According to Cantwell, “Firefighters responding to derailments have said they could do little more than stand a half-mile back and let the fires burn” (Tri-City Herald).

Rail carriers would be required to develop comprehensive emergency response plans for large accidents involving fire or explosions, provide information on shipments to state and local officials along routes — including what is shipped and its level of volatility — and to work with federal and local officials on their response plans.

“We want to make sure that we are doing everything we can to protect our communities and give first responders the tools they need,” Cantwell said.

It’s certainly time for some decent regulations on this increasing risk.

Recent Grassroots Victories: Standing Against Big Oil’s Crude-by-Rail Push

Repost from NRDC Switchboard

Standing Against Big Oil’s Crude-by-Rail Push

By Franz Matzner, April 6, 2015

Franz MatznerOver the last few days, we’ve seen a series of grassroots victories that prove we’re not stuck with Big Oil’s plan to foist dangerous fossil fuel infrastructure on communities across the country.

Oil Train Fire.jpg
A March 5, 2015, oil train derailment on the banks of the Galena River in Illinois. (Environmental Protection Agency)

Just last week, TransCanada (of Keystone XL infamy) confirmed that it is dropping a marine crude oil export terminal in Quebec due to environmental concerns, a move that will delay the target opening date for the massive Energy East tar sands pipeline by at least two years.

Across the continent, Big Oil was also dealt two blows against its attempts to import extreme crudes into California by rail. In the face of strong community opposition, midstream oil company WesPac has abandoned its plan to build a rail terminal that would have brought dirty crude oil into the San Francisco Bay Area.

A few years ago, WesPac proposed a rail and marine terminal that would transport 242,000 barrels per day of crude oil–nearly a third of the capacity of Keystone XL–through Pittsburg, CA, a small community of 60,000 residents and then on to Bay Area refineries. The problems with WesPac’s proposal are myriad: it would expose Pittsburg’s population, largely communities of color and low-income communities, to the risks of exploding trains and increased air pollution, and it would require a massive investment in fossil fuel infrastructure at a time when we should be moving toward clean energy solutions.

The project was so ill-conceived that, following comments by NRDC and others, the California Attorney General wrote a letter finding “significant legal problems” with the project’s environmental review documents. Accordingly, the city decided to put the project on hold and revisit its environmental review process. That’s where things stood for over a year, until last week, when WesPac announced that it would drop the rail terminal aspect of the project altogether.

As community and environmental advocates have repeatedly pointed out, oil trains pose serious risks–risks that were highlighted by a series of fiery accidents over the last few weeks. (Notably, some recent accidents have involved Canadian tar sands crude, in addition to a bevy of dangerous mishaps involving North Dakota’s Bakken crude, which has long been known to be highly volatile and has been the culprit in most oil train disasters.)

This win in Pittsburg follows a recent decision by another Bay Area city, Benicia, to withdraw and revise its environmental review documents for a proposed crude-by-rail terminal at Valero’s Benicia refinery. As NRDC and others, including the California Attorney General, pointed out in legal comments, the terminal would pose serious safety and health threats to Benicia and to residents along the rail line. Momentum is also building against another crude-by-rail proposal up for consideration further south in San Luis Obispo County.

These victories show the power of local communities to stop Big Oil in its tracks.

The battle, however, is far from over: Valero is still trying to push forward with its rail terminal, and WesPac’s proposed marine terminal would have significant impacts on the fragile San Francisco Bay Delta and nearby residents. In fact, WesPac’s plans may still include the renovation of long-dormant storage tanks to stockpile large volumes of volatile crude oil, even though those tanks are literally a stone’s throw from homes, churches, and a school.

Train Map.jpg
The proposed WesPac project. (Draft Recirculated Environmental Impact Report, Figure 2-2)

Some critics have used the boom in crude oil trains as evidence that we should allow more pipelines. They offer the false choice of risk from pipelines or risk from oil trains. The truth is more sinister. Big Oil wants more of both. Pipelines and rail serve different geographic areas and often carry different types of oil. The problem is that both forms of transportation have risks, and both bring fossil fuels perilously close to our communities. Clean energy investments do the opposite: they eliminate the dangerous risks of spills and bomb trains, while cutting carbon pollution.

It’s time our elected leaders follow the example of communities across the country by saying “no” to Big Oil and “yes” to clean solutions that accelerate fuel efficiency, electric vehicles, clean fuels, and renewable energy such as solar and wind.

Franz A. Matzner is associate director of government affairs for the Natural Resources Defense Council. His policy background includes energy, climate, and forestry. He previously held the position of senior policy analyst for agriculture and the environment at Taxpayers for Common Sense (TCS). Matzner graduated Phi Beta Kappa from the University of Pennsylvania. He is co-author of the NRDC report “Safe At Home: Making the Federal Fire Safety Budget Work for Communities.”

Benicia City Council to consider rail safety letter to Feds

Repost from The Benicia Herald
[Editor:  Original documents on the City of Benicia’s website:
      – Staff’s Agenda Report
      – Mayor Patterson’s draft letter of support
      – League of Cities letter requesting letters of support & sample letter]

City Council to mull rail safety missive

By Donna Beth Weilenman, April 2, 2015

Mayor Patterson seeks endorsement of letter calling for action to update federal policy on crude oil transport; no conflict seen with pending Valero request

Benicia, California

Mayor Elizabeth Patterson will ask the City Council on Tuesday to endorse a letter supporting the League of California Cities’ call for increased crude-by-rail safety measures.

Christopher McKenzie, the LCC’s executive director, already has sent a letter March 6 on behalf of its board of directors to U.S. Secretary of Transportation Anthony R. Foxx, asking that his department make LCC’s recommendations part of federal policy in governing rail safety.

“The continued increase in the transport of crude oil by rail, combined with recent rail rail accidents involving oil spills and resulting fires, have served to heighten concerns about rail safety among many of our member cities,” McKenzie wrote.

Rail safety, particularly in transport of crude oil from North Dakota’s Bakken fields, has become a growing concern nationwide and elsewhere.

The California Environmental Protection Agency has been presenting a series of forums on the matter, one of which took place March 26 in Crockett, a meeting attended by several Benicia residents who oppose delivery of oil by train.

In another development this week, WesPac Midstream has dropped the crude-by-rail component of its intent to transform a Pacific Gas and Electric tank farm into a regional oil storage site.

In explaining the move Project Manager Art Diefenbach cited uncertainties about prospective changes in regulations of oil shipping by rail, a series of protests and falling crude prices that have made shipping by train less attractive. Should the project be completed, oil would arrive either by ship or pipeline, which Pittsburg Mayor Pete Longmire suggested would make the operation safer and less controversial.

League-of-CA-Cities-LogoIn his letter, McKenzie cited incidents that prompted the LCC to express its own safety concerns and to offer recommendations that might reduce the potential for accidents.

“Specifically, two derailments accompanied by fires involving unit trains (100 or more tank cars) carrying crude oil in West Virginia and in Ontario, Canada, earlier this month have greatly increased public anxiety about what steps the relevant federal regulatory agencies are taking to improve rail safety and on what timetable,” he wrote.

He said the LCC wanted to make three points: First, that improvements that are required of participating industries should be mandates, not recommendations; second, that the mandates should have a hard deadline for implementation; and third, that the Department of Transportation should include the LCC’s recommendations in the final rule for Safe Transportation of Crude Oil and Flammable Materials.

McKenzie wrote that the LCC wants all federal agencies involved in regulating crude-by-rail shipments to require electronically controlled braking systems on trains carrying the sweeter crude from the North Dakota Bakken oil fields, and to set a sooner date for phasing out or retrofitting the older DOT-111 tanks.

More federal money should be directed toward training and equipment for first responders who are sent to hazardous materials accidents, he wrote, and how the funding is to be distributed needs to be defined. In addition, trains should have maximum speed limits in all areas.

His letter said the LCC wants the number of tank cars that trigger a California Energy Commission and State Emergency Response Commission report lowered to 20 from 33, which in turn would lower the trigger point from shipments of 1.1 million gallons or more to those of 690,000 gallons or more.

Priority routes for positive train control, a technology that incorporates geopositioning tracking to slow or halt trains automatically to reduce collisions, should be identified, McKenzie wrote, and parking and storage of tank cards need regulating, too.

He further wrote that railroads should be forced to comply with their Individual Voluntary Agreements with the US-DOT, because currently there is no requirement for them to do so. Those pacts involve reducing speed limits for oil trains that use older tank cars and travel through urban areas; determining the safest rail route; increased track inspection; adding enhanced braking systems; improving emergency response plans and training; increasing track inspections; and working with cities and communities to address their concerns about oil transport by train.

“The League of California Cities understands that this area of regulation is largely preempted by federal law,” McKenzie wrote. “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.”

The LCC also has supplied member cities with a sample letter patterned after McKenzie’s message, to customize before sending to Foxx.

In a report to Benicia City Council, City Manager Brad Kilger wrote, “The League Executive Director has requested that cities send letters to the appropriate federal rail safety rulemaking authority requesting that these measures be implemented.”

Since the preparation of the letter template, he wrote, the LCC has learned that any decisions on improved safety regulations would be made in the Office of Management and Budget.

“The mayor is requesting that the city send a letter on behalf of the Benicia City Council,” Kilger wrote.

Consideration of the letter won’t conflict with future consideration of a request by Valero Benicia Refinery to extend Union Pacific Railroad tracks onto its property and make other modifications so it can substitute rail delivery for tanker ship delivery of crude oil, a highly contentious proposition that is currently undergoing environmental review.

“In that the city is currently processing the use permit and EIR (environmental Impact Report) for the Valero Crude-by-Rail Project, I asked the city attorney to determine whether sending a letter requesting rail safety improvements would in any way create a due process issue for the city,” Kilger wrote.

He said City Attorney Heather McLaughlin informed him there would be no conflict because the letter doesn’t take any position on the Valero project or the adequacy of the ongoing environmental review.

“The letter simply urges the adoption of more stringent federal standards for the transportation of crude by rail,” Kilger wrote.

If the Council agrees the letter should be sent to Foxx, it would be signed by Patterson as mayor, and copies would be sent to California’s two U.S. senators, Dianne Feinstein and Barbara Boxer, all members of California’s delegation in the U.S. House of Representatives, the Federal Railroad Administration, the National Transportation Safety Board, the Solano County Board of Supervisors, the Solano Transportation Authority, Kilger, McLaughlin and members of the Council.

The Council will meet at 7 p.m. Tuesday in the Council Chamber of City Hall, 250 East L St.

Locomotive Engineer of Exploding North Dakota “Bomb Train” Sues BNSF

Repost from DeSmogBlog

BNSF Engineer Who Manned Exploding North Dakota “Bomb Train” Sues Former Employer

By Steve Horn, April 2, 2015 13:54

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company’s oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer.

Filed in Cass County North Dakota, the plaintiff Bryan Thompson alleges he “was caused to suffer and continues to suffer severe and permanent injuries and damages,” including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson’s attorney, Thomas Flaskamp, told DeSmogBlog he “delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson’s care and treatment for his PTSD arising out of the incident was heading,” which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers’ Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

“Run for His Life”

In the aftermath of the Casselton explosion, rail industry consultant Sheldon Lustig told the Associated Press that freight trains carrying oil obtained via hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin are akin to “bomb trains,” putting the now oft-used term on the map for the first time. 

Since Casselton, several other oil-by-rail explosions and disasters have ensued in the U.S. 

Thompson experienced the wrath of an exploding “bomb train” up close and personal. 

Flaskamp told The Forum newspaper in Fargo, North Dakota that Thompson had to “run for his life” to escape the train he was manning once it derailed after colliding with an oncoming grain train.

Behind him, tank cars were starting to derail, catch fire and explode,” Flaskamp told The Forum of Thompson, who is in his 30s and is currently in school to obtain a teaching degree.

The plaintiffs allege BNSF, owned by multi-billionaire Warren Buffett, violated the Federal Employers’ Liability Act in multiple ways.

They include “failing and neglecting to provide [Thompson] with a reasonably safe place to work” and “failing to warn [him] of the dangers of hauling explosive oil tank railcars and the tendencies of these railcars to rupture and explode upon suffering damage.”

BNSF Employee Casselton Lawsuit
Image Credit: State of North Dakota District Court; East Central Judicial District

BNSF‘s Knowledge

In the aftermath of the Casselton explosion, DeSmogBlog reported that the company that owned the terminal intended to receive that oil — which owns a facility in Missouri that off-loads the oil into barges in the Mississippi River — notified the Missouri government on its permit application that the oil it planned to handle has high levels of volatile chemicals.

Put another way, BNSF may have known quite a bit more about the danger of carrying Bakken fracked oil than it ever told Thompson. And that will likely serve as a contentious point in the case as it snakes its way forward in Cass County court.

BNSF knew or should have known of the dangerous nature of the cargo it required its crews to transport and should have exercised great care in its transport,” Flaskamp told DeSmogBlog. “The Answer to the complaint which will be filed by the BNSF will be telling as to their theories of defense.”