Tag Archives: Center for Biological Diversity

KQED: Pipeline at Center of Altamont Pass Oil Spill Also Ruptured Last September

Repost from KQED
[Editor: A colleague reports that “The Altomont Pass pipeline brings heavy crude oil from southern San Joaquin Valley oilfields to some of our Bay Area refineries.”  – RS]

Pipeline at Center of Altamont Pass Oil Spill Also Ruptured Last September

By Ted Goldberg, May 24, 2016

California’s fire marshal has launched an investigation into an oil pipeline rupture that spilled at least 20,000 gallons of crude near Tracy over the weekend — eight months after the same pipeline had a break in a similar location.

Shell Pipeline crews are still cleaning up from the most recent spill near Interstate 580 and the border between Alameda and San Joaquin counties four days after the 24-inch diameter line broke.

Crews with the oil giant were able to complete repairs on the pipe on Monday, according to a Shell official.

The pipeline stretches from Coalinga in Fresno County to Martinez.

The rupture on the line was first reported at 3 a.m. on Friday, said Lisa Medina, an environmental specialist at the San Joaquin County Environmental Health Department.

Shell discovered a loss of pressure in the pipeline, filed a report with the Governor’s Office of Emergency Services and then shut the line down.

San Joaquin County officials believe the spill covered an area 250 feet long by 40 feet wide, Medina said in an interview.

A preliminary test of the pipeline found a split of approximately 18 to 20 inches in length, said company spokesman Ray Fisher in an email.

Fisher also confirmed that the same pipeline ruptured and caused an oil spill in the same vicinity, near West Patterson Pass Road, last Sept. 17.

Here’s a link to Shell’s report on that incident that found the rupture spilled 21,000 gallons of oil, about the same amount as Friday’s break.

Fisher said Shell inspects its pipelines every three years, and the company conducted an inspection of the line after the September incident.

He added that the line has no history of corrosion problems.

It’s unclear what caused the most recent spill.

On Tuesday, state fire officials confirmed that the Office of the State Fire Marshal had opened a probe into the pipeline rupture.

Federal regulators are not investigating the break, but are providing technical support to the state, said an official with the Pipeline and Hazardous Materials Safety Administration.

The spill prompted concerns from environmentalists.

Sierra Club representatives pointed out that the spill near the Altamont Pass came weeks after Shell spilled about 90,000 gallons of oil into the Gulf of Mexico and a year after a major spill involving another company’s pipeline on the Santa Barbara County coast.

“Sadly, it’s become undeniable that oil spills will remain the status quo if we continue our dependence on dirty fuels,” said the Sierra Club’s Lena Moffitt in a statement. “This is just Shell’s latest disaster and the company has done nothing to assuage fears that it can stop its reckless actions.”

“The environmental impacts could be very serious,” Patrick Sullivan, a spokesman for the Center for Biological Diversity, said in an interview. Sullivan said the spill could hurt birds and other animals in the area and could contaminate nearby groundwater.

State water regulators, though, say they’re not concerned the spill could affect water in the area.

“Given the location and the relatively limited extent of the spill, it is highly unlikely that the spill would affect underlying  groundwater and even more unlikely that it would impact any drinking water supplies,” said Miryam Baras, a spokeswoman for the State Water Resources Control Board, in an email.

Sullivan also questioned whether Shell’s statements on the size of the oil spill were correct.

“We don’t know how much oil has been spilled,” Sullivan said. “With previous pipeline spills the initial estimates have sometimes turned out to be wrong. They’ve turned out to be under-estimates.”

Fisher, the Shell spokesman, said the company had not revised its estimates.

LETTER OF OPPOSITION: Five environmental attorneys and others

By Roger Straw, March 31, 2016

On March 31, five environmental attorneys and a host of experts and others (including Benicians for a Safe and Healthy Community) sent the Benicia City Council this strong 3-page letter of opposition to Valero’s oil trains proposal.  (For a much longer download, see the Letter with Attachments [13 MB, 214 pages].)

Attorney signatories:

    • Jackie Prange, Staff Attorney for Natural Resources Defense Council;
    • Roger Lin, Staff Attorney for Communities for a Better Environment;
    • George Torgun, Managing Attorney for San Francisco Baykeeper;
    • Clare Lakewood, Staff Attorney for Center for Biological Diversity;
    • Elly Benson, Staff Attorney for Sierra Club.

Others signing the letter:

    • Ethan Buckner, ForestEthics;
    • Katherine Black, Benicians for a Safe and Healthy Community;
    • Janet Johnson, Richmond Progressive Alliance;
    • David McCoard, Sierra Club SF Bay Chapter;
    • Jessica Hendricks, Global Community Monitor;
    • Colin Miller, Bay Localize;
    • Denny Larson, Community Science Institute;
    • Nancy Rieser, Crockett-Rodeo United to Defend the Environment;
    • Steve Nadel, Sunflower Alliance;
    • Kalli Graham, Pittsburg Defense Council;
    • Richard Gray, 350 Bay Area and 350 Marin;
    • Bradley Angel, Greenaction for Health and Environmental Justice;
    • Sandy Saeturn, Asian Pacific Environmental Network

SIGNIFICANT EXCERPT:

The City Council can, and must, uphold the Planning Commission’s unanimous decision to deny the use permit for the Valero crude-by-rail project. Federal law does not preempt the City from denying the permit for this project. Furthermore, the City should not tolerate Valero’ s delay tactic of seeking a declaratory order from the Surface Transportation Board (STB). As explained below, the STB does not have jurisdiction over this project and will almost certainly decline to hear Valero’ s petition for the very same reason that preemption does not apply. Finally, even if preemption were to apply here, the project’s on-site impacts, especially the increases in refinery pollution, require the City to deny the permit.

NRDC et al: Important comments on Final EIR, Valero Crude By Rail

The Benicia Independent is in receipt of a letter sent to the City of Benicia Planning Commission by the Natural Resources Defense Council (NRDC) detailing the failure of the EIR to “adequately analyze, disclose and mitigate the [Valero Crude by Rail] Project’s significant environmental impacts.”

The letter has not yet been posted to the City’s website as of this writing.

NRDC, joined by experts, attorneys and advocates representing 18 other Bay Area environmental groups (listed below), also responds to the City of Benicia staff report.  The staff report recommended certification of the EIR and approval of the project.

The NRDC letter details at length the EIR’s various omissions and failures of law, logic and scientific method.  Comments are organized into sections on Air Quality, Environmental Justice, Hazards, Water Quality, Biological Resources  and “Additional Impacts Not Analyzed.”

The additional section on the Staff Report makes a lengthy and careful legal case against the City’s claim that federal law preempts Benicia from mitigating impacts or denying approval for the project.

In conclusion, the letter states, “Benicia Municipal Code 17.104.060, prohibits the City from approving a project that will be detrimental ‘to the public health, safety, or welfare of persons residing or working’ near the project, ‘to properties or improvements in the vicinity,’ or ‘to the general welfare of the city.’  For all the reasons stated above and in our prior comments, the Project will harm Benicians, other communities throughout the state, and our climate. The City should decline to certify the EIR and deny the permit for this Project.”  [emphasis added]

This important and powerful letter has nineteen signatories:

• Natural Resources Defense Council
• Communities for a Better Environment
• San Francisco Baykeeper
• Center for Biological Diversity
• Sierra Club
• Richmond Progressive Alliance
• ForestEthics
• Sierra Club SF Bay Chapter
• Bay Localize
• Community Science Institute
Benicians for a Safe and Healthy Community
• Crockett-Rodeo United to Defend the Environment
• Martinez Environmental Group
• Bay Area Refinery Corridor Coalition
• Sunflower Alliance
• Pittsburg Defense Council
• 350 Bay Area and 350 Marin
• Greenaction for Health and Environmental Justice
• Rodeo Citizens Association
• Asian Pacific Environmental Network

New Oil Train Safety Regs Focus on Accident Response, Not Prevention

Repost from Center for Biological Diversity

CenterForBiolDiv_logoNew Oil Train Safety Regs Focus on Accident Response, Not Prevention

Long Phase-out of Hazardous Cars, Inadequate Speed Limits Leave Communities at Risk of Explosive Derailments

For Immediate Release, December 7, 2015
Contact: Jared Margolis, (802) 310-4054

WASHINGTON— A new transportation bill signed by President Obama includes provisions intended to improve the safety of oil trains, but leaves puncture-prone tank cars in service for years and fails to address the speed, length and weight of trains that experts point to as the leading causes of explosive derailments. The bill upgrades safety features on oil train tank cars and requires railroads to provide emergency responders with real-time information about when and where dangerous oil cargoes are being transported but doesn’t do enough to prevent oil train accidents, which have risen sharply in recent years.

“While these regulations improve our ability to prepare for oil train disasters they do virtually nothing to prevent them from ever occurring in the first place,” said Jared Margolis, an attorney with the Center for Biological Diversity who focuses on the impacts of energy development on endangered species. “Until we dramatically reduce the speed and length of these bomb trains it’s only a matter of time before the next explosive derailment sends fireballs rolling through one of our communities.”

The new regulations will require all oil train tank cars to include fire-resistant ceramic coatings and protections for protruding top fittings. The final rule issued by federal regulators in May only required oil trains with 35 loaded oil tank cars or 20-car blocks of oil tank cars to implement the new standards, and would not have required the ceramic blankets or top fitting protections for all retrofitted cars.

But experts say even the protective measures included in the new transportation regulations signed into law on Friday will do little to prevent a spill if a train derails at speeds faster than 18 mph, and oil trains are permitted to travel at 40 mph to 50 mph. And the new regulations do not require the phase-out of dangerous puncture-prone tank cars to begin until 2018, and allows them to remain in service until 2029.

“It’s irresponsible to continue to allow these bomb trains to roll through the middle of our communities and across some our most pristine landscapes,” said Margolis. “We need to quit pretending we can make these dangerous trains safe and simply ban them altogether.”

Congress has directed the U.S. Department of Transportation to continue requiring notifications to states of train routes and frequencies so communities can better prepare to respond to train derailments, explosions and oil spills. However, the new regulations do nothing to remedy the track infrastructure problems, or the excessive length and weight of oil trains, cited as leading causes of derailments. Further, it remains unclear whether the public will have access to information about these hazards.

“Keeping information on oil trains from public scrutiny is outrageous, and only serves to protect the corporate interests that care little about the risk to the homes, schools and wild areas that these trains threaten,” said Margolis. “We need to keep these trains off the tracks and keep these dangerous fossil fuels in the ground, rather than keeping the public in the dark.”

Background 

The National Transportation Safety Board has repeatedly found that current tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. But federal regulators have ignored the safety board’s official recommendation to stop shipping crude oil in the hazardous tank cars. Recent derailments and explosions have made clear that even the newer tank cars, known as CPC-1232s, are not significantly safer, often puncturing at low speeds.

The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, primarily in trains with as many as 120 oil cars that are more than 1.5 miles long. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents just in 2013 than in the 38 years from 1975 to 2012 combined.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 900,000 members and online activists dedicated to the protection of endangered species and wild places.