OPINION: Governor DOES have authority to stop crude by rail

Repost from The Albany Times Union
[Editor:  Has anyone researched similar legal authority in California?  Under what jurisdictional authority would Governor Brown have power to stop crude oil trains, regardless of federal preemption?  – RS]

State’s next gamble is oil trains

By Christopher Amato and Charlene Benton, March 19, 2015

Having won approval for legalized casino gambling in New York, Gov. Andrew Cuomo is now rolling the dice on oil trains. The string of oil train disasters over the last year and a half, including four derailments in the past month in West Virginia, Illinois and Ontario resulting in massive fires, explosions and air and water pollution, shows that transporting crude oil in unsafe rail cars poses a significant threat to New Yorkers’ lives and property and the state’s natural resources.

Indeed, the oil train report prepared at the governor’s direction by five state agencies and the scores of oil train safety violations detected by federal and state inspectors confirm the dangers of transporting oil in unsafe rail cars. Yet the governor refuses to use the state’s authority to end this hazardous practice. Instead, he claims — incorrectly — that only the federal government has the authority to protect New Yorkers from the dangers of oil trains.

The Environmental Conservation Law authorizes the commissioner of the Department of Environmental Conservation to order the immediate discontinuance of any condition or activity that he finds “presents an imminent danger to the health or welfare of the people of the state or results in or is likely to result in irreversible or irreparable damage to natural resources.”

In 1990, then-DEC Commissioner Tom Jorling ordered several companies to halt the transportation of oil and sludge in unsafe barges. In that case, a federal appeals court ruled that federal law did not prevent the commissioner from exercising his emergency authority.

In October 2014, we submitted a petition to DEC on behalf of a broad coalition of community and environmental organizations requesting that Commissioner Joe Martens use his authority to prohibit the receipt and storage of crude oil in unsafe rail cars at the Albany oil terminals operated by Global Cos. and Buckeye Partners. Recently, DEC rejected the petition in a two-page letter, claiming that only the federal government can act to protect New Yorkers.

If, as the federal appeals court has held, federal law does not prevent the DEC commissioner from ordering an emergency halt to the transport of oil and sludge in unsafe barges, why can’t the commissioner order a halt to the receipt and storage of crude oil in unsafe rail cars? Given the high stakes, isn’t this course of action at least worth trying?

The Cuomo administration has repeatedly claimed that New York is the most aggressive state in the nation taking action on the threats posed by the rail transportation of highly volatile crude oil. But a recent news story reported that dangerous oil train shipments in New York have expanded on Cuomo’s watch, while other states like Washington are blocking crude-by-rail projects or requiring a full environmental, health and safety review of such projects.

The U.S. Department of Transportation estimates that an average of 10 oil train derailments will occur each year for the next two decades, and predicts that a derailment in a populated area — such as Albany — could kill hundreds of people and result in billions of dollars in damages. It is time for the Cuomo administration to stop gambling that New York will escape the type of oil train catastrophe that has already occurred in Alabama, Virginia, North Dakota, West Virginia, Illinois, Ontario, New Brunswick, and Quebec. If the governor’s luck runs out, it may cost New Yorkers their lives.

Christopher Amato is an attorney at Earthjustice, a nonprofit environmental law firm. Charlene Benton is president of the Ezra Prentice Homes Tenants Association, which represents public housing tenants in Albany’s South End.

Top 10 Questions About Oil Trains: Industry Lobbies for Weak Rules While Derailment Fire Rages

Repost from The Huffington Post

Top 10 Questions About Oil Trains: Industry Lobbies for Weak Rules While Derailment Fire Rages

By Todd Paglia, ForestEthics, 03/19/2015 1:59 pm EDT
DERAILMENT
DERAILMENT Marvin Beatty via Getty Images

On Friday, March 6, while an oil train explosion in Illinois was still sending flames and black smoke into the air, railroad agents were in Washington, DC lobbying to weaken new train safety standards. Safer brakes are “extremely costly…” they told White House officials, and explained in great detail why speed limits are impractical. Like the auto industry resisting seatbelts, the rail industry is on the wrong track when it comes to safety.

In the last month, there have been six derailments of crude oil trains in the U.S. and Canada — three of them ignited, sending flames and mushroom clouds hundreds of feet into the air. Luckily, these were in relatively remote locations and no one was killed.

These disasters are not an aberration — oil train traffic is skyrocketing, which means more derailments and more explosions. The oil and rail industries hope to increase further the amount of crude oil barreling down the tracks in the coming years. Before that happens, ForestEthics has some questions we’d like to see the Obama administration ask the army of lobbyists who are trying to push the bar on safety even lower than it already is:

When did trains start exploding?
Rail transportation of crude oil is growing rapidly and dangerously — from fewer than 10,000 carloads in 2008 to nearly half a million in 2014 — for two reasons: Bakken oil from North Dakota and Canadian tar sands. The North American boom means oil companies are trying to tails and mine more of this extreme oil, crude that is high in carbon, difficult and expensive to produce, and dangerous to transport.

Are cities and towns with rail lines safe?
With the exception of Capitol Hill (the rail industry seems to be sparing Washington, DC) most routing is done specifically throughout cities and towns. No, the oil and rail industries are probably not purposely targeting us, it’s just that the rails in populated places tend to be better maintained and rated for heavier cargoes. The sane thing to do would be to stop hauling crude oil if it can’t be transported safely. A far distant next best is to make these trains as safe as possible and require rerouting around cities and water supplies.

What is the government doing?
Not nearly enough. While 100-plus car trains full of an explosive crude roll through our towns, the U.S. government is barely moving, bogged down by nearly 100 of Washington’s most expensive K-Street lobbyists. In fall 2014, ForestEthics, Earthjustice, and the Sierra Club sued the Department of Transportation to speed up new safety standards on oil trains. We called the trains an imminent danger to public safety. The federal government responded by once again delaying their decision on new rules that have been in the works for years.

What is the slowest speed at which an oil explosion could happen?
An oil tank car can catch fire and explode in an accident at zero miles per hour. Assuming a slightly raised rail bed, an oil car that tips over while standing still (this can and has happened on poorly maintained rails) will strike the ground going approximately 16 miles per hour — more than fast enough to breach the tank, spark, and ignite if it hits a rock, a curb, any hard protrusion.

Do firefighters know when and where oil trains are moving?
First responders do not know when, where, how much oil, and what kind is coming through their town. The US Department of Transportation ordered that railroads and oil companies make this information public. But only for trains carrying more than a million gallons of Bakken crude, and even this information is not being made public on a consistent basis.

How do you extinguish oil train fire?
You don’t put out an oil train fire; nobody does. Oil fires require specialized foam, which fire departments do not have in nearly sufficient supply to fight the fire from even a single 30,000 gallon tank car. All firefighters can do is evacuate those in danger, move outside the one mile blast zone and let the fire burn out, which can take days. In Illinois, firefighters unloaded their equipment to fight an oil train fire, realized the danger and left behind $10,000 in equipment getting out of harm’s way. You can prevent these fires by banning oil trains — but you can’t fight these fires once they happen.

The older oil cars are definitely unsafe, what about the newer ones?
The antiquated DOT-111 tank cars make up 80 percent of the fleet in the U.S. — U.S. rail safety officials first called them “inadequate” to haul crude oil more than 20 years ago. The jury is now in on the newer CPC-1232 tank cars and they are not much safer. The derailments and explosions in West Virginia and Illinois were 1232s traveling at or below the speed limit. In fact, the former head of the federal rail safety agency said in a radio interview that the recent derailments and fires were “the last nail in the coffin” for the CPC-1232 as an alternative to DOT-111 for oil transport.

We know that Bakken crude explodes; does tar sands explode?
Ordinarily it might not, but to move tar sands by rail (or pipeline for that matter) you have to mix in highly flammable, toxic diluents (light petroleum products like propane.) So if it’s on a train or in a pipeline the flashpoint for tar sands crude is lower than for Bakken oil. The oil train explosion on February 16, 2015 in Ontario, Canada occurred in -40 degrees F weather — proving that this stuff can ignite even in arctic cold. So not only is tar sands the dirtiest oil on Earth, but also it may well be the most dangerous too.

Do I live in the Blast Zone?
ForestEthics used oil rail routes from industry, Google maps, and census data to calculate that 25 million Americans live in the oil train blast zone — the dangerous evacuation zone in the case of an oil train derailment and fire. You can use the map to see if your home, office, school, or favorite natural area, landmark or sports stadium is in danger. Visit www.blast-zone.org.

What’s the solution?
The solution is to ban oil trains. If you can’t do something safely, you shouldn’t do it at all. This cargo is too dangerous to our families, our cities, our drinking water, our wildlife and our climate. The extreme crude carried on trains is only a tiny fraction of the oil we use each day as a nation. So while we transition our economy to clean energy and get beyond all oil, we should leave this extreme oil from Alberta and North Dakota in the ground.

See original post on ForestEthics.org and share your concern with President Obama on rail safety here.

North Dakota will rely more on pipelines by 2018

Repost from UPI Business News
[Editor: Significant quote: “Dalrymple said rail traffic may drop off once new pipeline infrastructure comes online. Three pipelines — Sandpiper, Dakota Access and Upland — should be in service by 2018”  – RS]

North Dakota reviews oil-train safety

About half of the oil produced in the state is delivered by rail.

By Daniel J. Graeber   |   March 19, 2015 at 9:40 AM
North Dakota Gov. Jack Dalrymple calls for tighter rules to ensure safe transport of crude oil from state’s Bakken shale reserve. Photo by Steven Frame/Shutterstock

BISMARCK, N.D., March 19 (UPI) — There’s no way to offer a single solution that would allay concerns about the safety of crude oil transit by rail, North Dakota Gov. Jack Dalrymple said.

Dalrymple spoke with U.S. Transportation Secretary Anthony Foxx to discuss efforts to improve the safe transport of crude oil by rail from the state. The Republican governor said he called on the secretary to adopt new standards for rail cars carrying crude oil as soon as possible.

“Secretary Foxx and I agree that there is no single solution to improving the safety of rail transportation,” Dalrymple said in a statement Wednesday.

North Dakota crude oil production is more than existing pipeline capacity can handle, forcing many in the industry to use rail as an alternative transit method. The increase in rail traffic has in turn led to an increase in derailments involving trains carrying crude oil, a situation compounded by federal reports showing oil from the Bakken reserve area in North Dakota may be less stable than other types of crude oil.

A 200-page proposal from the Department of Transportation last year called for the elimination of older rail cars designated DOT 111 for shipment of flammable liquid, “including most Bakken crude oil.”

A February derailment in West Virginia involved a train carrying Bakken oil. At least 40 people were killed in Lac-Megantic, Quebec, in the 2013 derailment of a train carrying tankers of crude oil from North Dakota to Canadian refineries.

Dalrymple said rail traffic may drop off once new pipeline infrastructure comes online. Three pipelines — Sandpiper, Dakota Access and Upland — should be in service by 2018 and provide 895,000 barrels per day in new capacity.

North Dakota produces about 1.2 million bpd and about half of that is shipped by rail.

The state government in December approved a new measure that requires oil producers in North Dakota to install equipment at their facilities that would reduce the volatility of Bakken crude.

Derailment fallout: suspended passenger service

Repost from Railway Age

Via Rail pondering alternative Ontario routing for suspended Canadian

By  David Thomas, Contributing Editor, March 20, 2015

After months of late arrivals due to track congestion on CN’s northern Ontario main line, compounded by slow orders arising from CN’s efforts to recover from two tar sands oil train explosions, Via Rail is examining an alternative routing for the Canadian, the continent’s last classic streamliner, originally Canadian Pacific’s premier luxury passenger train.

Via suspended Canadian service between Winnipeg and Toronto March 11, citing the impossibility of maintaining schedules as CN dealt with the oil train mishaps near Gogama.

One option is to shift to CP trackage between Winnipeg, Manitoba, and Sudbury, Ontario, something Via Rail CEO Yves Desjardins-Siciliano hinted at last November during an interview with Railway Age. The motive, he said then, would be to provide passengers with a more scenic route closer to the Great Lakes, while at the same time serving more communities.

The imperative now is simply to get the train running again before the summer tourism season.

A contract would have to be negotiated with CP, and Via’s engineers would need to be qualified on CP track and operations, something that could take up to two months. Via will consider next week whether it can restore northern Ontario service over CN tracks, either indefinitely or pending a move to CP.

For safe and healthy communities…