Washington SB-3589 calls for state regulations

Repost from Kitsap Sun.  …California senators and assembly members please note!  The Washington House version HB-2347 can be found here.

Rolfes’ bill addresses future of oil transport

By Christopher Dunagan
Kitsap Sun
Posted January 22, 2014 at 7:02 p.m.

OLYMPIA — Methods of moving crude oil to market are changing rapidly, and the state must respond just as deftly to protect sensitive water and upland habitats as well as people, according to state Sen. Christine Rolfes, D-Bainbridge Island.

Rolfes recently introduced a bill known as the Oil Transportation and Safety Act. If approved, the legislation would build upon existing regulations dealing with oil transport by tanker and barge. It also would launch important conversations about transport by rail and pipeline, she said.

“The tricky part to rail,” Rolfes said, “is that we have little regulatory authority at the state level. Railroads are mostly regulated by the federal government.”

Nevertheless, she said, residents of the state have every right to know the amount and types of oil traveling through their communities — especially with increased shipments of the more explosive Bakken oil coming out of Montana and North Dakota and recent train derailments, some resulting in severe fires.

Rolfes’ bill, SB-3589. would require the owner of oil-shipment facilities to report information about oil transport. State officials would aggregate all the information and report quarterly figures. Armed with such information, communities could decide whether federal protections are adequate, she noted.

The bill also calls on the Washington Department of Ecology to evaluate emergency response plans, identify vulnerable areas and propose ideas to increase safety.

The bill also calls on Ecology to consider whether additional tug escorts are needed for large tankers in Puget Sound, where one tug currently is required. Consideration would be given for possible tug escorts on the Columbia River and in Grays Harbor, where tug-escort rules do not apply.

Alaska requires two tug escorts for tankers moving on Prince William Sound, according to officials testifying Wednesday on a companion bill in the House.

As proposed, the legislation would triple the penalties for spilling oil from a barge if the operator acted negligently. The operator would be excused from any negligence claims if at least two qualified people were posted on the bridge of the tug during the duration of the trip.

Rolfes’ bill and the companion House bill, HB-2347, have been declared the top priority this legislative session by the Environmental Priorities Coalition, made up of more than 20 environmental groups working together as a lobbying force.

“The bill doesn’t seek to have answers,” Clifford Traisman, lobbyist for the coalition, said during Wednesday’s hearing. “It seeks to ask questions. What jurisdictions do we have? What needs to be studied? What does not need to be studied? The bill raises lots of questions and sets up processes for the answers to come.”

Eric de Place, policy director for Sightline, a member of the coalition, said the state is not prepared for the expected increases in oil shipments by rail. News of train derailments and explosions adds new urgency to the problem, he said.

Frank Holmes of the Western States Petroleum Association said Washington already has some of the most stringent oil-spill regulations in the country. With no clear showing that more regulations are needed, the Legislature should delay action until studies of the risks, benefits and economic impacts are completed, he said.

Holmes also was concerned about the release of public information regarding oil transport. Some information could give one company a competitive advantage over another, he said. To protect proprietary information, California has passed a law that spells out what can and cannot be disclosed, he said. The law allows companies to challenge public disclosure in advance, he noted, urging Washington legislators to take a similar approach.

Denise Clifford, governmental relations director for Ecology, said the bill has some good ideas, but her agency cannot officially support it without funding — and none has been provided in the governor’s budget.

Rolfes said she would support some money for Ecology to begin the critical evaluation. Some discussions should include Canada, which is proposing increased tanker traffic through the Strait of Juan de Fuca, she said.

“I don’t believe they are as advanced as we are in preventing oil spills,” she said. “If they (oil tankers) stay in Canadian waters, they can avoid our regulations.”

Rolfes said the Legislature should support prevention of oil spills over cleanup after environmental damage has occurred.

“Every preventive measure we’ve ever taken has been a hard-fought battle,” she said. “A lot of the (existing) laws are really old. We need to talk about whether we need more protection for our waterways, given the huge increase in overwater traffic that is coming.”

Rail safety not improved, expert says

Repost from Saskatoon StarPhoenix

Rail safety not improved, expert says

 By Charles Hamilton, The StarPhoenix January 22, 2014 8:00 PM
Rail safety not improved, expert says
Derailed CN rail cars are seen near Gainford Alberta in this undated handout photo provided by the Transportation Safety Board of Canada. Photograph by: HO , THE CANADIAN PRESS

First responders in Saskatoon now have access to more information about the dangerous goods coming through the city, but that doesn’t necessarily mean people living here are any more or less safe, according to one expert.

At the request of the federal government, and with the blessing of a host of Canadian mayors, Canada’s two Class 1 rail companies — Canadian Pacific and Canadian National — are now required to provide municipalities with quarterly updates about the nature and volume of dangerous goods transported through their areas.

But that information only arrives after the rail cars carrying the goods have already passed through the city.

“Is it really going to change anything? No. Is it going to make people more paranoid? Probably, yeah,” said James Nolan, a University of Saskatchewan professor who studies rail transportation.

The data about what is being shipped will not be made public and will only be in the hands of first responders. Still, Nolan says it’s not going to change anything or stop rail companies from transporting dangerous chemicals or crude oil through the city.

“They are going to say, ‘We are moving all these dangerous chemicals through Saskatoon.’ Well, sure. But they have been doing that flawlessly for the past ten years,” Nolan said.

Mayor Don Atchison has been part of a chorus of municipal leaders across the country lobbying the federal government to strengthen railway regulation in the wake of the July 6 train derailment that killed 47 people in Lac-Mégantic, Quebec. He’s a member of the Federation of Canadian of Municipalities’ (FCM) rail safety committee, which met with Transport Minister Lisa Raitt Wednesday.

“We are dealing with the most pressing issue, and that is knowing what the goods are that are moving through the city,” Atchison said in an interview from Ottawa after the meeting.

Like always, first responders will have access to rail manifests in the event of a major derailment, he said. Now, however, they will also know in advance when something unusual is passing through. The two major railway companies still have no plans to move their lines out of the city, he said.

Nolan said the massive increase in the amount of crude oil being shipped by rail nationwide means derailments are more likely to result in oil spills. And after the tragedy in Lac-Mégantic, the public is more conscious of rail safety.

“The railways are no less safe they were two years ago. They are just moving way more oil,” he said.

Shipments of crude by rail in Canada surged last year to 140,000 carloads, or about 260,000 barrels a day, from about 500 carloads in 2009, according to the Railway Association of Canada. There is no specific data on how much oil is being shipped by rail in Saskatchewan.


Yet another derailment – in central Philadelphia

Repost from Philadelphia-based Protecting Our Waters.  Pay close attention to paragraph 2 … “Unlike in previous U.S. explosions, this is a densely-populated area…in close proximity to large institutions, among them Drexel University, the University of Pennsylvania medical complex, including Children’s Hospital; and the University of Pennsylvania.”

A Near Miss from Disaster: Oil Train Derails in Philadelphia

January 20, 2014


Bakken Shale oil train derailed over the Schuylkill River in Philadelphia on January 20th, 2014. Photo: NBC Chicago/SkyForce

Philadelphia’s wake-up call is here. A few months ago, Protecting Our Waters started warning people about the dangers of the fracked oil trains coming to Philadelphia from the Bakken Shale formation out west. We’ve reported on multiple oil train explosions and derailments across North America, one of which, in Lac Megantic, Canada killed 47 people. As of this morning, the threat of an accident here in Philadelphia is no longer hypothetical.

Just after 1 a.m. this morning, seven cars of a 101-car CSX train from Chicago derailed on the Schuylkill Arsenal Railroad bridge over the Schuylkill River. Six were carrying crude oil, and one was carrying sand. ABC 6 Action News and Fox Philadelphia have short videos on the derailment, although the AP story they include incorrectly states that the accident occurred around 1 p.m. The bridge runs just south of the South Street Bridge from University City to Grays Ferry. It also runs over the heavily-trafficked Schuylkill Expressway, which was shut for two hours following the derailment. Unlike in previous U.S. explosions, this is a densely-populated area. It’s also in close proximity to large institutions, among them Drexel University, the University of Pennsylvania medical complex, including Children’s Hospital; and the University of Pennsylvania.

The Schuylkill Arsenal Bridge over the University of Pennsylvania's fields, the Schuylkill Expressway, and the Schuylkill River. From Google Maps

As the trains were carrying oil from out west and following a route we know that the Bakken oil trains take on their way to the Philadelphia Energy Solutions refinery in South Philadelphia, it’s a safe bet that these were the same trains that have derailed and exploded four times in the last eight months and whose construction and contents are becoming notorious for their safety hazards. Of course, it doesn’t help that the trains were crossing a 100-year-old bridge that now sees two mile-long oil trains each day. Fortunately, none of the cars fell off the bridge, nor have authorities found any leaks. News photos show the cars almost dangling from the narrow two-track bridge, precariously close to falling into the river. As of 9 a.m. this morning, they were still there.

As with pipeline explosions and leaks, it seems like oil train derailments and explosions are becoming business as usual. Also as usual, authorities aren’t sure what may have caused the train to derail. That’s a question that needs to be answered before any more of these trains run. Will it be? That’s partly up to us– and to you.

So Philadelphians, or anyone else living in the path of these “bomb trains”: write and call your elected officials and ask them if they have an evacuation plan for if disaster occurs. Urge them to make sure the trains are stopped to ensure residents’ safety; join our regional letter-writing campaign (contact powinquiries@gmail for fact sheets and more information), and tell your neighbors about the threat chugging right through our backyards.

More oil spilled from trains in 2013 than in previous 4 decades

Repost from McClatchy Washington Bureau:

More oil spilled from trains in 2013 than in previous 4 decades, federal data show

By Curtis Tate
McClatchy Washington Bureau

WASHINGTON — More crude oil was spilled in U.S. rail incidents last year than was spilled in the nearly four decades since the federal government began collecting data on such spills, an analysis of the data shows.

Including major derailments in Alabama and North Dakota, more than 1.15 million gallons of crude oil was spilled from rail cars in 2013, according to data from the Pipeline and Hazardous Materials Safety Administration.

By comparison, from 1975 to 2012, U.S. railroads spilled a combined 800,000 gallons of crude oil. The spike underscores new concerns about the safety of such shipments as rail has become the preferred mode for oil producers amid a North American energy boom.

The federal data does not include incidents in Canada where oil spilled from trains. Canadian authorities estimate that more than 1.5 million gallons of crude oil spilled in Lac-Megantic, Quebec, on July 6, when a runaway train derailed and exploded, killing 47 people. The cargo originated in North Dakota.

Nearly 750,000 gallons of crude oil spilled from a train on Nov. 8 near Aliceville, Ala. The train also originated in North Dakota and caught fire after it derailed in a swampy area. No one was injured or killed.

The Pipeline and Hazardous Materials Safety Administration doesn’t yet have spill data from a Dec. 30 derailment near Casselton, N.D. But the National Transportation Safety Board, which is the lead investigator in that incident, estimates that more than 400,000 gallons of crude oil were spilled there. Though no one was injured or killed, the intense fire forced most of Casselton’s 2,400 residents to evacuate in subzero temperatures.

The Association of American Railroads, an industry group, estimates that railroads shipped 400,000 carloads of crude oil last year. That’s more than 11.5 billion gallons, with one tank car holding roughly 28,800 gallons.

Last year’s total spills of 1.15 million gallons means that 99.99 percent of shipments arrived without incident, close to the safety record the industry and its regulators claim about hazardous materials shipments by rail.

But until just a few years ago, railroads weren’t carrying crude oil in 80- to 100-car trains. In eight of the years between 1975 and 2009, railroads reported no spills of crude oil. In five of those years, they reported spills of one gallon or less.

In 2010, railroads reported spilling about 5,000 gallons of crude oil, according to federal data. They spilled fewer than 4,000 gallons each year in 2011 and 2012. But excluding the Alabama and North Dakota derailments, more than 11,000 gallons of crude oil spilled from trains last year.

Last week, the principal Washington regulators of crude oil shipments by rail met with railroad and oil industry representatives to discuss making changes to how crude is shipped by rail, from tank car design to operating speed to appropriate routing. Transportation Secretary Anthony Foxx called the meeting productive and said the group would take a comprehensive approach to improving the safety of crude-oil trains.

Foxx said the changes would be announced within the next 30 days.

Crude oil spills on U.S. railroads

From federal data showing locations, dates and amounts of oil spilled from trains, 1975 to 2013.


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