Tag Archives: Forest Ethics

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.

Richmond, California: Activists form human barricade to protest crude-by-rail facility

Repost from San Francisco Bay Guardian
[Editor: See this story also on Popular Resistance, the Richmond Standard. and the Sacramento Bee.  – RS]

Activists form human barricade to protest crude-by-rail facility

09.04.14 | Rebecca Bowe
PHOTO BY MATTHEW GERRING

This morning [Thu/4], at 7am in Richmond, Calif., four environmental activists used U-locks to fasten themselves by the neck to the fence of an oil shipping facility operated by Kinder Morgan.

They were interlocked with another four activists, who had their arms secured with handmade lock-boxes. “I’m locked to a lock box connected to my partner, Ann, who is locked with a U-lock to the fence,” Andre Soto, of Richmond-based Communities for a Better Environment, explained by phone a little after 8am.

At that time, Soto said several Richmond police officers had been dispatched to the scene and were calmly surveying the human barricade. He wondered out loud if they would be arrested.

The environmentalists risked arrest to prevent trucks from leaving the Kinder Morgan facility for area refineries with offloaded oil shipped in by train.

Crude-by-rail transport at Kinder Morgan’s bulk rail terminal, located in the Burlington Northern / Santa Fe railyard in Richmond, is the subject of a lawsuit filed in March by Earthjustice on behalf of the Sierra Club, Communities for a Better Environment, the National Resources Defense Council, and the Asian Pacific Environmental Network.

The suit, targeting Kinder Morgan as well as the Bay Area Air Quality Management District (BAAQMD), charges that Kinder Morgan was illegally awarded a permit for crude-by-rail operations without going through a formal environmental review process, which would have necessitated public hearings and community feedback. The case asks for operations to be halted while the project undergoes review under the California Environmental Quality Act. A hearing will be held in San Francisco Superior Court at 1:30pm tomorrow.

Ethan Buckner of Forest Ethics, who was also locked to the fence, said activists were especially concerned that the crude oil being shipped into Richmond, much of which originates in North Dakota, was volatile, presenting safety concerns.

“The oil trains are … very old tank cars that are subject to puncture, and have been known to fail over and over again while carrying oil,” Buckner said. Much of the oil shipped into the Richmond transfer point by rail originates from the Bakken shale region, which has been dramatically transformed by the controversial extraction method known as fracking.

“Nobody was notified that these oil trains were going to be rolling in,” Buckner said. That morning’s protest, he added, was meant to “send a clear message to Kinder Morgan and the Air District that if we can’t count on our public agencies to protect our communities, we’re going to do it ourselves.”

In the end, none of the activists were arrested. They voluntarily unlocked themselves from the fence and left the railyard around 10am. “After three hours we decided thsat we had made our point,” Eddie Scher of Forest Ethics said afterward, speaking by phone.

Along with a group of around ten others participating in the civil disobedience action, the activists who locked themselves to the fence were affiliated with Bay Area environmental organizations including 350 Bay Area, the Asian Pacific Environmental Network, the Sunflower Alliance, the Martinez Environmental Group, and Crocket Rodeo United to Defend the Environment.

Reached by phone, Ralph Borrmann, a spokesperson for BAAQMD, said, “We have no comment on the current litigation, or any actions relating to it.” He added that more information would come out during the Sept. 5 hearing.

When the Bay Guardian asked Kinder Morgan for a comment on the matter, spokesperson Richard Wheatley responded, “You’re not going to get one. We’re not going to comment on it.” Asked for a comment on the lawsuit, Wheatley said, “We’re not going to comment ahead of that hearing. And we’re not going to comment on the protesters.”

Environmental groups to DOT: Ban Older Railcars for Bakken Oil

Repost from EarthJustice.org

Community Leaders, Advocates Call on Secretary of Transportation To Ban Use of Hazardous Rail Cars

Seek emergency order banning the use of hazardous rail cars to ship explosive crude oil

July 15, 2014
Crude-by-rail explosion
The fireball that followed the derailment and explosion of two trains, one carrying Bakken crude oil, on December 30, 2013, outside Casselton, N.D. — U.S. Pipeline and Hazardous Materials Safety Administration

Washington, D.C. — Today, two national environmental organizations filed a formal legal petition to compel the Secretary of the U.S. Department of Transportation to issue an emergency order prohibiting the use of hazardous rail cars—known as DOT-111s—for shipping flammable Bakken crude oil (See FAQ sheet for more info on petition). The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas (See quote sheet of on-record statements by public officials for more info).

“These oil tankers have been called the Ford Pinto of the rails,” said Ben Stuckart, City Council president in Spokane, Washington. “National Transportation Board members, U.S. Senators, and local officials are all on record on the danger of these antiquated, unsafe rail cars. It’s long past time for the government to take action to protect communities like mine.” Officials estimate between 13 and 16 oil trains a week come through Spokane, a major hub for rail traffic, although those numbers would skyrocket if planned oil terminals on the West Coast are built. Spokane is one of many towns across the country that has seen an organized and strong community opposition to these trains.

In September 2013, in the wake of the deadly Lac-Mégantic and other rail disasters, the federal government began a rulemaking process to set new safety standards for crude oil rail cars. Transportation Secretary Anthony Foxx has stated publicly that the DOT-111s will likely have to be phased out, and even questioned whether the industry’s replacement design is safe enough for U.S. communities. The draft rule is currently under review at the White House. But the groups believe that the process is moving too slowly and likely to drag on a year or more before a final rule is in place. While he has issued emergency orders addressing other urgent safety issues, all the Department has done to date is urge shippers to use the safest tank cars in their fleets. Immediately banning the use of DOT-111 tank cars to ship Bakken crude would reduce the risk of punctures and oil spills by over 75 percent, according to rail industry estimates.

“The continued use of potentially unsafe DOT-111 train cars is a disaster waiting to happen. The people of Albany County are standing up today to ask the federal government take swift action to improve rail safety,” said Albany County Executive Daniel P. McCoy. “In light of recent incidents in North America, a strong response from the federal government is needed to protect the public.” Trains carrying Bakken crude oil arrive daily into the Port of Albany, like many other towns across the country. Firefighters and first responders have hurried to train for impending disasters and increased risk.

“These exploding oil trains are in our backyards, where our kids play,” said Charlene Benton, president of the Ezra Prentice Homes Tenants Association in Albany, NY. “We’re putting our children’s and our neighbors’ lives in jeopardy here. Over the last three years, we’ve seen a huge increase in the number of these dangerous oil trains coming through our community. Our community has organized against these oil trains because we don’t want to be the site of another catastrophic disaster. We need a national emergency ban of these oil rail cars.”

The recent surge in U.S. oil production, much of it from Bakken shale, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, mostly in long oil trains with as many as 120 cars and over 1.5 miles long. The Bakken crude has proven to be more explosive than shippers represented. And the Bakken crude has been shipped in the most dangerous tank cars on the market – the DOT-111s. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents in 2013 than the total in 1975-2012 combined. Canada has taken steps to ban many DOT-111s immediately and is phasing them out of hazardous transport altogether, which will shift even more of these tank cars to the U.S.

The petition follows closely on the announcement that the oil and rail industries have reached their own compromise proposal on rail safety, one that would only seek to slowly phase out dangerous DOT-111s over three years, and that would propose a weaker standard for new rail cars than the industry had previously proposed.

Meanwhile, it is estimated that 25 million Americans live in the dangerous blast zone along the nation’s rail lines. View this MAP of the nation’s rail lines and local actions against oil-by-rail or this MAP that shows your proximity to an oil rail line.

The petitioners are Sierra Club and ForestEthics, represented by Earthjustice.

Davis and “Uprail” Communities organize to oppose Crude By Rail

Repost from Cool Davis, Davis, California

Crude-by-Rail Opportunity for Written Comments

Workshop on How to Respond to the Draft EIR
Wednesday, June 18 from 7:00-9:00 p.m.
Fellowship Hall at Davis Community Church (421 D Street)
Instruction, brainstorming, and organizing our efforts
Refreshments!

The Draft EIR for the Valero rail terminal Project in Benicia (70,000 barrels of crude oil /day or one unit train of 100 cars over 1 mile) will be released for a 45-day public comment period on June 10, with a possible extension to 60 or 90 days for review.

Our city will comment and has invited surrounding jurisdictions to join them. Other organizations and concerned individuals are also invited to make written comments during the comment period. To inform yourself about the project and begin thinking how you might respond, some recommended resources are:

https://beniciaindependent.com It posts all the official documents related to the proposed project as well as a plethora of articles.

 http://www.sightline.org is also a terrific resource for the bigger picture of crude-by-rail and also coal and natural gas export. http://www.sightline.org/research/the-northwests-pipeline-on-rails/ and http://daily.sightline.org/blog_series/the-northwests-pipeline-on-rails/ This blog series is outstanding, although it is aimed at Washington and Oregon which are besieged by trains compared to CA so far.

• Natural Resources Defense Council letter on safety (30 pages) http://yolanoclimateaction.files.wordpress.com/2014/05/rail-safety-comments-final-group-letter.pdf

• Two reports by Forest Ethics,    http://yolanoclimateaction.files.wordpress.com/2014/05/off-the-rails-ultimate-nw-forst-ethics-report.pdf     and http://forestethics.org//sites/forestethics.huang.radicaldesigns.org/files/ForestEthics-Refineries-Report-Sept2012.pdf

• Document by Attorney General Kamala Harris on safety and health concerns http://yolanoclimateaction.wordpress.com/2014/01/23/kamala-harris-addresses-inadequate-eir-on-wespac-in-pittsburg/#more-107

• An article on liability which is an angle that may not be addressed in the DEIR, http://www.desmogblog.com/2014/03/17/record-year-oil-train-accidents-leaves-insurers-wary
Gov. Brown added $6.7 million to the Office of Spill Prevention & Response to handle accidents.  It won’t go far in a catastrophe.

• More on risk assessment for railroads and who will be responsible for liability. http://daily.sightline.org/2014/05/19/risk-assessment-for-railroads/

• Rachel Maddow’s May 2, 2014 broadcast, “Public Safety at risk by Oil Train Shipments” at http://www.msnbc.com/rachel-maddow-show

Key areas for uprail responders will most likely include public safety, the hazards of spills in terms of the environment, the insistence on the Right-to-know laws, health risks, liability issues, and the true cost of oil in terms of climate change.  Benicia has to respond to all comments in their final EIR, so the more specific, thoughtful and numerous our comments, the better.  Different people can address different aspects.

Another opportunity for citizen response: The Phillips 66 Santa Maria refinery in San Luis Obispo County request for a rail spur for 5 oil trains of 88 cars per week expects to release their Draft EIR possibly in July.