Only two weeks (no, one week!) left to voice your opposition to Valero Crude By Rail

October 16, 2016

Send a letter of opposition today!

Below are just a few of the reasons you can cite in your letter to the City.  These points came from a handout by Benicians For a Safe and Healthy Community.  Here are two other letter guides: Center for Biological Diversity and ForestEthics.  Send your email to : amillion@ci.benicia.ca.us or send to  Amy Million, Principal Planner, City of Benicia, 250 East L Street, Benicia, CA 94510.

• Tank car design is inadequate, with extremely poor safety records – BOTH DOT-111 AND the “safer” CPC-1232 cars are not safe and have derailed and exploded in other communities.  The  federal government can’t agree on a safe car and its years away from being implemented.
• New Federal Department of Transportation Rules (May, 2015) are inadequate and do not move quickly enough.
• Derailed oil trains that explode cannot be extinguished and so are left to burn themselves out which takes several days.  Emergency response plans are non-existent for a catastrophic derailment and explosion.
• The RDEIR proposes three dangerous routes: a) through the Sierras, the Feather River route – note the recent corn car derailment with resulting spill in the Feather River, b) the Dunsmuir route with the historic spill into the River and c) the Truckee / Donner Lake route with its treacherous mountain grades and beautiful resort areas.  All 3 routes go through areas described by the state as high hazard areas for derailments.  What are the risks of fires in our mountains and spills into all of the waterways the trains pass over?
• We question the statistics on the possible rates of derailments and train explosions.
• High hazard flammable trains will be going through highly populated areas like Davis and Sacramento when the National Transportation Safety Board says they should be rerouted whenever possible away from populated areas.
• Union Pacific can run trains any time they want to and even send in two train shipments in one day.  Neither the City of Benicia nor Valero have control over routes, cars, and shipment times.  Note statements about “federal pre-emption” in the appendices.
• What are the economic risks if there was a derailment and explosion and the refinery was to catch on fire?  Valero’s tank farm is in the blast zone.
• The Draft Revised EIR says there are significant hazards to the public through a reasonably foreseeable accident.  Why would we tolerate this?
• What are the environmental impacts when such extreme methods to get the oil, such as fracking and basically strip mining for tar sands are used to get the oil that is coming by rail?

• There’s lots more – add your own concerns – speak from the heart and with conviction!

Benicians for a Safe and Healthy Community
SafeBenicia.org
Facebook.com/StopCrudeByRail
(707) 742-3597
DONATE OR SIGN THE PETITION HERE!

Opposed to Crude by Rail and/or critical of the EIR

• Over 1300 who signed the petition (mostly Benicians)
• Benicians For a Safe and Healthy Community (SafeBenicia.org and on Facebook at StopCrudeByRail)
• Hundreds of Benicians and others who wrote letters calling into question the claims of the Environmental Impact Report
• California’s Attorney General
• The Sacramento Area Council of Governments
• The City of Davis, California
• Natural Resources Defense Council
• Sierra Club
• ForestEthics
• Center for Biological Diversity
• EarthJustice
• Sunflower Alliance
• Communities for a Better Environment
• Bay Area Refinery Corridor Coalition (BARCC)
• Crocket Rodeo United to Defend the Environment (C.R.U.D.E.)
• Idle No More – Bay Area
• Martinez Environmental Group
• 350 Bay Area
• Global Community Monitor
• … and many more


More information:

Take Action (including more info on letter-writing)
Project Documents (Valero’s proposal)
Project Review (letters on the EIR submitted by agencies and individuals)
Local Media Coverage (letters to the news media)

 

 

 

 

 

We have moved into the final phase of the City of Benicia’s comment period.  Your voice is important as the Planning Commission

California shuts dozens of oil wells to stop wastewater injection

Repost from the San Francisco Chronicle

State shuts 33 wells injecting oil wastewater into aquifers

By David R. Baker, October 16, 2015
A person walks past pump jacks operating at the Kern River Oil Field in Bakersfield, Calif. (AP Photo/Jae C. Hong, File) Photo: Jae C. Hong, Associated Press
A person walks past pump jacks operating at the Kern River Oil Field in Bakersfield, Calif. (AP Photo/Jae C. Hong, File)

California regulators on Thursday closed 33 oil company wells that had injected wastewater into potentially drinkable aquifers protected by federal law.

The new closures bring to 56 the number of oil-field wastewater injection wells shut down by the state after officials realized they were pumping oil-tainted water into aquifers that potentially could be used for drinking or irrigation.

All but two of the latest closures are in Kern County, in California’s drought-stricken Central Valley. One lies in Ventura County, another in northern Los Angeles County. Officials with California’s Division of Oil, Gas and Geothermal Resources spent Friday verifying that they had, in fact, closed. Of the 33, only 21 had been actively injecting wastewater before Thursday.

“This is part of our ongoing effort to ensure that California’s groundwater resources are protected as oil and gas production take place,” said Steven Bohlen, the division’s supervisor.

California’s oil fields contain large amounts of salty water that comes to the surface mixed with the oil. It must be separated from the petroleum and disposed of, often by injecting it back underground. Much of the water is pumped back into the same geologic formation it came from. But enough left-over water remains that companies must find other places to put it.

Fears of contamination

The division, part of California’s Department of Conservation, for years issued oil companies permits to inject their left-over water into aquifers that were supposed to be off-limits, protected by the federal Safe Drinking Water Act.

The problem, detailed in a Chronicle investigation earlier this year, raised fears of water contamination in a state struggling through a historic, four-year drought.

So far, however, no drinking water supplies have been found to be tainted by the injections.

Still, some environmentalists expressed outrage that so few wells had been closed.

The division has identified 178 wells that were injecting into legally protected aquifers with relatively high water quality, defined as those with a maximum of 3,000 parts per million of total dissolved solids. More than 2,000 other wells inject into aquifers that would be harder to use for drinking water, either because they are too salty or because they also contain oil.

“This is too little, too late to protect our water,” said Kassie Siegel, director of the Climate Law Institute at the Center for Biological Diversity. “With each passing day the oil industry is polluting more and more of our precious water.”

The division reported Friday, however, that not all 178 wells required closure. Some had already been shut down by their operators, while others had been converted into wells for extracting oil — not dumping wastewater.

An oil industry trade group noted that all of the wells closed Thursday had received state permits, even if the state now acknowledges that those permits should never have been issued.

“Both regulators and producers are committed to protecting underground water supplies, and today’s announcement reinforces the seriousness of that commitment,” said Catherine Reheis-Boyd, president of the Western States Petroleum Association.

Safeguarding water supplies

“California’s oil and natural gas producers are committed to operating their wells in a manner that continues to safeguard public water supplies,” she said.

Revelations that the division allowed injections into relatively fresh groundwater supplies touched off a political firestorm, triggered lawsuits, and led Bohlen to launch a reorganization of his staff.

More well closures will likely follow. Under regulations adopted this year, wells injecting into aquifers with water quality between 3,000 and 10,000 total dissolved solids must cease injections by Feb. 15, 2017, unless granted an exemption from the federal Environmental Protection Agency.

House bill could shield oil train spill response plans from disclosure

Repost from McClatchyDC

House bill could shield oil train spill response plans from disclosure

By Curtis Tate, October 16, 2015
Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. EPA

HIGHLIGHTS

  • Six-year transportation bill includes section on oil trains
  • Obama administration supports public notifications of oil spills, etc.
  • Future transportation secretary could be empowered to protect data

WASHINGTON – A House of Representatives bill unveiled Friday could make it more difficult for the public to know how prepared railroads are for responding to oil spills from trains, their worst-case scenarios and how much oil is being transported by rail through communities.

The language appears in the House Transportation and Infrastructure Committee’s six-year transportation legislation, which primarily addresses federal programs that support state road, bridge and transit projects. But the legislation also includes a section on oil trains.

The U.S. Department of Transportation is working on a rule to require railroads shipping oil to develop comprehensive spill response plans along the lines of those required for pipelines and waterborne vessels. It would also require them to assess their worst-case scenarios for oil spills, including quantity and location.

The House bill would give the secretary of transportation the power to decide what information would not be disclosed to the public.

The secretary would have discretion to withhold anything proprietary or security sensitive, as well as “specific response resources and tactical resource deployment plans” and “the specific amount and location of worst-case discharges, including the process by which a railroad carrier determines the worst-case discharge.”

The House bill defines “worst-case discharge” as the largest foreseeable release of oil in an accident or incident, as determined by the rail carrier.

Four major oil train derailments have occurred in the U.S. since the beginning of the year, resulting in the release of more than 600,000 gallons, according to federal spill data.

Numerous states have released information on crude by rail shipments to McClatchy and other news organizations. DOT began requiring railroads to notify state officials of such shipments last year after a train derailed and caught fire in Lynchburg, Va.

The disclosures were opposed by railroads and their trade associations, which asked the department to drop the requirement. The department tried to accommodate the industry’s concerns in its May final rule on oil train safety by making the reports exempt from disclosure. But facing backlash from lawmakers and emergency response groups, the department reversed itself.

Transportation Secretary Anthony Foxx, and Sarah Feinberg, the acting chief of the Federal Railroad Administration, said the department would continue the disclosure requirement and make it permanent. But a new administration could take a different approach.

“We strongly support transparency and public notification to the fullest extent possible,” Feinberg said in July.

In May, Washington Gov. Jay Inslee signed a bill that would require railroads operating in the state to plan for their worst-case spills.

In April, BNSF Railway told state emergency responders that the company currently considers 150,000 gallons of crude oil, enough to fill five rail tank cars, its worst-case scenario when planning for spills into waterways. A typical 100-car oil train carries about 3 million gallons.

Washington state requires marine ships that transport oil to plan for a spill of the entire cargo.

The Federal Emergency Management Agency conducted a mock derailment in New Jersey in March in which 450,000 gallons of oil was released.

California passed a similar bill last year, but two railroads and a major trade association challenged it in court, claiming the federal laws regulating railroads preempted state laws. A judge sided with the state in June, but without addressing the preemption question.

The House Transportation Committee will consider the six-year bill when lawmakers return from recess next week. The current legislation expires on Oct. 29, and the timing makes a short-term extension likely.

After the committee and the full House vote on the bill, House and Senate leaders will have to work out their differences before the bill goes to the president’s desk.

Samantha Wohlfeil of the Bellingham (Wash.) Herald contributed.

MUST READ: Hauling crude oil may be causing train tracks to fail

Repost from the Los Angeles Times

Why are so many oil trains crashing? Track problems may be to blame

Ralph Vartabedian, October 7, 2015
Oil train derailment
Smoke and flames erupt from the scene of a train derailment March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed in a rural area where the Galena River meets the Mississippi. (Mike Burley / Associated Press)

The only sign of trouble aboard a Norfolk Southern train, hauling roughly 9,000 tons of Canadian crude in western Pennsylvania last year, was a moderate sway in the locomotive as it entered a bend on the Kiskiminetas River.

The first 66 cars had passed safely around the curve when the emergency brakes suddenly engaged, slamming the train to a stop. The conductor trudged back nearly a mile through newly fallen snow to see what happened.

Twenty-one cars had derailed, one slamming through the wall of a nearby factory. Four tank cars were punctured, sending 4,300 gallons of crude pouring out of the tangled wreckage.

Freight train derailment
Cars are seen from a freight train derailment on Feb. 13, 2014, in Vandergrift, Pa. (Darrell Sapp / Associated Press)

The cause of the accident in North Vandergrift was identified as a failure in the rails — not aging or poorly maintained tracks, but a relatively new section laid less than a year earlier.

The February 2014 crash fits into an alarming pattern across North America that helps explain the significant rise of derailments involving oil-hauling trains over the last three years, even as railroads are investing billions of dollars in improving the safety of their networks. A review of 31 crashes that have occurred on oil trains since 2013 puts track failure at the heart of the growing safety problem.

Track problems were blamed on 59% of the crashes, more than double the overall rate for freight train accidents, according to a Times analysis of accident reports. Investigators and rail safety experts are looking at how the weight and movements of oil trains may be causing higher than expected track failures.

The growing number of trains hauling crude oil from Canada and the Northern Plains are among the heaviest on the rails today, many extending more than 100 cars in length and weighing a cumulative 19,000 tons or more.

Not since the early days of John D. Rockefeller’s oil trust have railroads played such a central role in moving oil from wells to refineries. Oil shipments by rail have soared — an 18-fold increase between 2010 and 2014 — as domestic oil production has escalated faster than the construction of new pipelines to carry it to market.

Concerns about the safety of hauling crude began to rise after the horrific Lac-Megantic accident in Quebec in July 2013 that left 47 people dead and the city’s downtown in ruins.

The Federal Railroad Administration is preparing in coming weeks to issue a new set of initiatives to address the track problems, after previously clamping tighter restrictions on tank car designs and railroad operations. But solving the track problems could be a formidable challenge.

Oil train crashes since 2013
Infographic: Oil train crashes since 2013

Sarah Feinberg, chief of the Federal Railroad Administration, said the agency is working hard to improve safety, but preventing accidents that result from defective track involves finding a needle in every haystack along thousands of miles of track.

“We have been incredibly lucky that the accidents have happened mostly in rural areas,” she said. “Some of them have been very close calls.”

The crashes have occurred as the nation’s railroad system is being asked to do more than at any time in history, putting additional wear and tear on the tracks. Since 2001, railroads have seen a modest 12% increase in the number of cars they haul, but a 24% jump in the more comprehensive measurement of cargo that looks at the weight and train mileage the system has to bear, known as ton-miles, according to industry data.

Though railroads have significantly improved safety in general, the oil train accidents are a worrisome trend in the opposite direction and not fully understood.

Of the 31 crashes involving crude or ethanol since 2013, 17 were related to track problems and 12 a mix of other causes. The cause of the two other crashes remains unclear. The count is based on both final or preliminary government and railroad investigations that were collected by The Times under the Freedom of Information Act or in U.S., Canadian and railroad company filings.

About two-thirds of the accidents resulted in spills, fires or explosions, a record that has already prompted regulators to demand stronger tank cars and other safety measures.

Weight, oil sloshing and cold temperatures are among the issues that might be exacerbating the problem, according to rail safety experts.

Investigators at Safety Transportation Board Canada, which is investigating the eight accidents that have occurred in that country, are beginning to suspect that the oil trains are causing unusual track damage.

“Petroleum crude oil unit trains transporting heavily loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation,” the safety board said in a report this year. “These higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure.”

Rick Inclima, safety director at the Brotherhood of Maintenance of Way Employees, also said that oil trains could be creating unique stresses on the track. “You can certainly get some rhythmic forces in … oil trains that you might not see on a mixed freight train with cars of different sizes, weights and commodities,” he said.

The nation’s major railroads are investing record amounts of money to upgrade their tracks and improve safety. The seven class-one railroads, which haul the majority of the nation’s freight, are spending $29 billion this year on their systems, nearly double the level of 2001, according to the American Assn. of Railroads. The trade group did not have any response to The Times analysis of oil train accidents, though it said its member companies exceed federal requirements for inspection and safety.

But that has not eliminated the problem. While all types of derailments dropped 17% over the last three years, there are still more than three every day across the nation, involving trains carrying a variety of freight, according to federal safety data. Bad track accounts for about 27% of overall accidents, less than half the rate that track problems are contributing to oil train accidents.

Though railroad technology may seem antiquated in a digital age, it relies on incredible precision to control monstrously heavy loads. The track in North Vandergrift, Pa., where the Norfolk Southern accident occurred, carries about 30 million tons of freight every year.

The relentless pounding plays havoc with any metallurgical flaw. Wooden ties deteriorate as they age. And other track components crack.

Investigators attributed the Pennsylvania derailment to a “wide gauge” failure, in which the rails were pushed too far apart to keep the wheels on the tracks.

The freight tracks in the U.S. and most of the world are supposed to be 56.5 inches apart, a width known as the gauge. Just three inches of movement can cause a derailment. And even if tracks conform to federal standards, they can separate under the force of a heavy train.

“Wide gauge” is the single largest cause of accidents involving track defects. In the case of the Pennsylvania derailment, it was broken spikes that caused the rail to widen, even though the track had been replaced in 2012, according to Federal Railroad Administration officials.

Private railroad experts have suggested that the sloshing of oil inside the cars may also be involved in the derailments.

Tank cars are only partially filled with oil, allowing for expansion if the temperature increases. The tanks have internal baffles, but the liquid can still slosh as the cars move, causing higher dynamic loads, said Bill Keppen, an independent rail safety expert. “Sloshing increases the stress on the track,” he said.

Federal safety experts said if sloshing does have an effect, they do not consider it significant.

The Times examination of accident reports also shows the large majority of derailments occurred in below freezing temperatures, ranging down to 23 below zero in a crash this year in Ontario.

As temperatures drop, steel rails progressively shrink, amplifying the potential for any existing defect to cause a failure, FRA safety experts said in interviews. Frozen ballast, the crushed rock that forms the rail bed, also causes rail to undergo greater shocks under the load of heavy trains.

Federal regulators and the industry are trying to improve safety, but opinions are sharply divided about exactly what measures are needed.

The Federal Railroad Administration, for example, has ordered that crude-carrying trains can travel at no more than 40 miles per hour in urban areas. But the North Vandergrift train was going only 36 mph. Nineteen of the trains whose speeds are known were moving 40 mph or slower, and no train was going faster than 50 mph, records show.

The railroad administration has increased its track inspections and railroads have agreed to increase their own inspections, according to Matthew Lehner, the agency’s communications director.

“In the coming weeks, the Federal Railroad Administration plans to announce additional steps to prevent crude oil train derailments,” Lehner said.

Critics say that many of the safety initiatives adopted so far reflect a policy aimed at mitigating the damage caused by derailments rather than preventing them.

“The attention has changed,” said Brigham McCown, former chief of the federal agency that sets tank car standards. “I hear people say, ‘It happens, they derail.’ I think that is an untenable position. As a safety regulator, I don’t think you can ever say, ‘Things blow up,’ or ‘Things crash.’ I believe the Department of Transportation has myopically focused on incident mitigation. Prevention should be the first question they should address.”

For safe and healthy communities…