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Critics say oil train report underestimates risk

Repost from the Spokane Spokesman-Review
[Editor:  Oh…this sounds SO familiar….  Benicia sends solidarity and support to our friends in Washington state.  – RS]

Critics say oil trains report underestimates risk

By Becky Kramer, December 18, 2015
In this Oct. 1, 2014 file photo, train cars carrying flammable liquids heads west through downtown Spokane, Wash. | Dan Pelle photo

The chance of an oil train derailing and dumping its cargo between Spokane and a new terminal proposed for Vancouver, Washington, is extremely low, according to a risk assessment prepared for state officials.

Such a derailment would probably occur only once every 12 years, and in the most likely scenario, only half a tank car of oil would be spilled, according to the report.

But critics say the risk assessment – which includes work by three Texas consultants who are former BNSF Railway employees and count the railroad as a client – is based on generic accident data, and likely lowballs the risk of a fiery derailment in Spokane and other communities on the trains’ route.

The consultants didn’t use accident data from oil train wrecks when they calculated the low probability of a derailment and spill. The report says that shipping large amounts of oil by rail is such a recent phenomanon that there isn’t enough data to produce a statistically valid risk assessment. Instead, the consultants drew on decades of state and national data about train accidents.

That approach is problematic, said Fred Millar, an expert in hazardous materials shipments.

Probability research is “a shaky science” to begin with, said Millar, who is a consultant for Earthjustice, an environmental law firm opposed to the terminal. “The only way that you can get anything that’s even partly respectable in a quantitative risk assessment is if you have a full set of relevant data.”

To look at accident rates for freight trains, and assume you can draw credible comparisons for oil trains, is “very chancy,” he said. “Unit trains of crude oil are a much different animal…They’re very long and heavy, that makes them hard to handle. They come off the rails.”

And, they’re carrying highly flammable fuel, he said.

Terminal would bring four more oil trains through Spokane daily
The proposed Vancouver Energy terminal would be one of the largest in the nation, accepting about 360,000 barrels of crude oil daily from North Dakota’s Bakken oil fields and Alberta’s tar sands. For Spokane and Sandpoint, the terminal would mean four more 100-car oil trains rumbling through town each day – on top of the two or three per day that currently make the trip.

The proposed $210 million terminal is a joint venture between Tesoro Corp. and Savage Companies. Oil from rail cars would be unloaded at the terminal and barged down the Columbia River en route to West Coast refineries.

A spill risk assessment was part of the project’s draft environmental impact statement, which was released late last month. A public meeting on the draft EIS takes place Jan. 14 in Spokane Valley. State officials are accepting public comments on the document through Jan. 22.

The spill risk work was done by a New York company – Environmental Research Consulting – and MainLine Management of Texas, whose three employees are former BNSF employees, and whose website lists BNSF Railway as a client. The company has also done work for the Port of Vancouver, where the terminal would be located.

The risk analysis assumes the trains would make a 1,000-mile loop through the state. From Spokane, the mile-long oil trains would head south, following the Columbia River to Vancouver. After the trains unloaded the oil, they would head north, crossing the Cascade Range at Stampede Pass before returning through Spokane with empty cars.

Report used data on hazardous materials spills

Oil train derailments have been responsible for a string of fiery explosions across North America in the past three years – including a 2013 accident that killed 47 people in the small town of Lac-Megantic, Quebec. Other oil train derailments have led to evacuations, oil spills into waterways and fires that burned for days.

But since shipping crude oil by train is relatively new, there’s not enough statistical information about oil train accidents to do risk calculations, the consultants said several times in the risk assessment.

Instead, they looked at federal and state data on train derailments and spills of hazardous materials dating back to 1975, determining that the extra oil train traffic between Spokane and Vancouver posed little risk to communities.

Dagmar Schmidt Etkin, president of Environmental Research Consulting, declined to answer questions about the risk assessment. Calls to MainLine Management, which is working under Schmidt Etkin, were not returned.

Stephen Posner, manager for the state’s Energy Facilities Siting Council, which is overseeing the preparation of the environmental impact statement, dismissed questions about potential conflicts of interest.

“There aren’t a lot of people who have the expertise to do this type of analysis,” Posner said.

Schmidt Etkin also worked on a 2014 oil train report to the Washington Legislature, he said. “She’s highly regarded in the field.”

According to her company website, Schmidt Etkin has a doctorate from Harvard in evolutionary biology. The site says she provides spill and risk analysis to government regulators, nonprofits and industry groups. Her client list includes the U.S. Environmental Protection Agency, the Coast Guard and the American Petroleum Institute.

Posner reviewed the scope of work outlined for the spill risk analysis.

“We put together the best analysis we could with limited sources of information,” he said. “This is a draft document. We’re looking for input from the public on how we can make it better.”

Spokane ‘a more perilous situation’

The “worst case” scenario developed for the risk assessment has also drawn criticism. The consultants based it on an oil train losing 20,000 barrels of oil during a derailment. The risk assessment indicates that would be an improbable event, occurring only once every 12,000 to 22,000 years.

In fact, twice as much crude oil was released during the 2013 Lac-Megantic accident in Quebec, said Matt Krogh, who works for Forest Ethics in Bellingham, Washington, which also opposes construction of the Vancouver Energy Terminal.

“If I was looking at this as a state regulator, and I saw this was wrong – quite wrong – I would have them go back to the drawing board for all of it,” Krogh said.

Krogh said he’s disappointed that former BNSF employees didn’t use their expertise to provide a more meaningful risk analysis. Instead of looking at national data, they could have addressed specific risks in the Northwest, he said.

Oil trains roll through downtown Spokane on elevated bridges, in close proximity to schools, hospitals, apartments and work places. In recent years, the bridges have seen an increase in both coal and oil train traffic, Krogh said.

“The No. 1 cause of derailments is broken tracks, and the No. 1 cause of broken tracks is axle weight,” he said. “We can talk about national figures, but when you talk about Spokane as a rail funnel for the Northwest, you have a more perilous situation based on the large number of heavy trains.”

Elevated rail bridges pose an added risk for communities, said Millar, the Earthjustice consultant. The Lac-Megantic accident was so deadly because the unmanned train sped downhill and tank cars crashed into each other, he said. Not all of the cars were punctured in the crash, but once the oil started burning, the fire spread, he said.

“If you have elevated tracks and the cars start falling off the tracks, they’re piling on top of each other,” Millar said. “That’s what Spokane has to worry about – the cars setting each other off.”

Governor has the final say

Railroad industry officials say that 99.9 percent of trains carrying hazardous materials reach their destination without releases. According to the risk assessment, BNSF had only three reported train derailments per year in 2011, 2012 and 2013. The railroad has spent millions of dollars upgrading tracks in Washington in recent years, and the tracks get inspected regularly, according to company officials.

Whether the Vancouver Energy Terminal is built is ultimately Gov. Jay Inslee’s decision. After the final environment impact statement is released, the 10-member Energy and Facilities Siting Council will make a recommendation to the governor, who has the final say.

Environmental impact statements lay out the risks of projects, allowing regulators to seek mitigation. So, it’s important that the EIS is accurate, said Krogh, of Forest Ethics.

In Kern County, California, Earthjustice is suing over the environmental impact statement prepared for an oil refinery expansion. According to the lawsuit, the EIS failed to adequately address the risk to communities from increased oil train traffic.

“If you have a risk that’s grossly underestimated, you’ll be making public policy decisions based on flawed data,” Krogh said.

    New Jersey regulators bypassed public in permitting oil trains

    Repost from NorthJersey.com

    In the dark

    Editorial, The Record, November 26, 2014
    An air permit issued on Nov. 6 by the state Department of Environmental Protection allows Buckeye Partners to accept large amounts of Canadian tar sands oil at its newly renovated oil terminal in Perth Amboy.
    An air permit issued on Nov. 6 by the state Department of Environmental Protection allows Buckeye Partners to accept large amounts of Canadian tar sands oil at its newly renovated oil terminal in Perth Amboy. | DON SMITH/STAFF PHOTOGRAPHER

    SHARPLY INCREASING the amount of oil transported by rail through New Jersey is not a “minor modification” and should not have been approved by the state without public notice.

    The result is that the public continues to remain largely in the dark about trains carrying crude oil through the area.

    The lack of disclosure started with officials saying they feared that providing specifics about the trains and their contents could make them a target. What is known is that trains pass through 11 Bergen County towns on the way to a refinery in Philadelphia.

    Without a public hearing, the state Department of Environmental Protection issued a permit on Nov. 6 to let Buckeye Partners accept large amounts of Canadian tar sands oil at its Perth Amboy terminal and also granted its request to increase the amount of oil it can transfer there annually to almost 1.8 billion gallons.

    This means that an additional 330 oil trains could travel New Jersey’s freight lines each year, while as much as 5 billion gallons of crude oil from the Bakken oil fields of North Dakota already pass through. The extra trains would add on average a little less than one train a day, which does not seem like much. But the lack of communication is disturbing.

    Local emergency personnel and environmentalists fear the disaster they would face if a train derails. The tar sands oil can sink in water and is difficult to remove if spilled. Crude from the Bakken region is highly flammable. Having these materials hurtle through local neighborhoods — going by schools, hospitals and homes — brings major risks.

    We know this isn’t an easy problem to solve. Oil has to be transported, and everyone enjoys cheaper prices at the gas pumps. However, DEP officials were wrong to say the 603-page permit was a “minor modification” that required no public participation.

    New York officials faced a similar application from another company. That prompted a public hearing and a review of whether to allow the transport of large amounts of heavy crude because of these risks. New Jersey should at least have given this the same thorough — and public — review.

    DEP officials say they can only regulate what happens on Buckeye’s property.

    “We regulate emissions and have requirements for how materials are handled, stored or discharged, but we cannot limit how much is processed or how much is transported,” said Larry Hajna, a DEP spokesman.

    While the federal government regulates the cargo carried on railroads, the DEP can cap the amount of emissions a facility can put in the air. That, according to environmentalists, could be an indirect way to limit the amount of oil moved through the state.

    While rail industry officials say 99 percent of trains reach their destination without incident, it’s the 1 percent that worries us.

    If anything, the number of oil trains barreling through New Jersey looks to be on the rise. That’s only more reason for the state to stop its silence on the issue.

      New map shows California emergency teams not in best position for oil train response

      Repost from The Sacramento Bee
      [Editor: This interactive OES map, “Rail Risk and Response” is an incredibly detailed resource – as you zoom in, additional features appear.  Hazards shown on the map include geologically unstable areas, proximity to dense population centers, proximity to waterways, schools and hospitals, pipelines, sensitive species or habitat, etc.  The story in the Sacramento Bee does not contain a link to the map.   Here’s the intro page for the interactive map.   And here’s the map itself.  – RS]

      New map shows California emergency teams not in best position for oil train response

      By Curtis Tate, McClatchy Newspapers, Jul. 4, 2014

      A map put together by multiple state agencies in California shows that the location and capability of emergency response teams don’t always align with the biggest risks presented by an expected increase in crude oil shipments by rail in the coming years.

      The map shows that the state’s largest population centers, including Sacramento, the Bay Area and Los Angeles, have the most robust emergency response capabilities.

      But rural stretches of California’s rail network, including locations with a history of derailments, have the least equipped and least trained emergency response teams, according to the map produced by the Interagency Working Group on Oil by Rail Safety.

      The map shows large concentrations of hospitals, schools and neighborhoods around many rail lines through California cities. Additionally, it shows that the state’s rail network frequently intersects with fault lines, rivers and streams and sensitive wildlife habitats.

      California has some of the best-trained and best-equipped emergency response teams in the country, according to some experts, but they’re not always where they’re needed.

      “Proximity matters,” said Kelly Huston, a spokesman for the state Office of Emergency Services.

      Since Gov. Jerry Brown proposed a shift in state oil spill and prevention resources in his budget in January, members of the California Legislature have held hearings and offered legislation to improve the state’s preparedness.

      “Everyone recognizes this is a critical need throughout the state,” said state Sen. Fran Pavley, D-Agoura Hills.

      Starting next year, California will begin imposing a 6.5-cent-a-barrel fee on oil transported to the state by rail to fund oil spill response and prevention efforts. State lawmakers have introduced another bill to levy an additional fee to train and equip firefighters who may be called to respond to a rail incident.

      California officials soon expect the state to receive as much as a quarter of its oil supply by rail, which means more frequent train movements through the state’s highest-risk areas.

      “It makes what we’re doing that much more important,” said state Sen. Jerry Hill, D-San Mateo.

      The map was presented last week by the state Environmental Protection Agency at a workshop on crude oil trends at Berkeley City College. It shows a dearth of response capability in locations where derailments have occurred more frequently, according to the California Public Utilities Commission.

      These include the Cantara Loop on the upper Sacramento River, the site of a 1991 train derailment that released thousands of gallons of pesticide, killing fish along a 40-mile stretch of the river.

      They also include the Feather River Canyon, which according to documents released last week by OES, is the route of a twice-monthly train of Bakken crude oil. The trains, operated by BNSF, pass through Sacramento on their way to a rail terminal in Richmond.

      “A spill into these sources of water makes it even more problematic,” Pavley said.

      Another vulnerable site: Cuesta Grade, a steep, serpentine stretch of track north of San Luis Obispo. A proposed crude-by-rail terminal at the Phillips 66 refinery in Santa Maria, south of San Luis Obispo, would bring five 80-car oil trains a week over the line, operated by Union Pacific.

      Aaron Hunt, a spokesman for Union Pacific, said that the railroad had reached out to fire departments across California in the communities where it operates and has offered “comprehensive” hazardous materials training to first responders around the state.

      “We annually train local, state and federal first-responders on protocols to minimize the impact of a derailment in their communities,” he said.

      BNSF, the railroad that hauls more crude oil than any in North America, is offering hazardous materials training for hundreds of firefighters, including some in Sacramento, according to spokeswoman Lena Kent.

      Trains transporting crude oil are not new in California. From 1983 to 1997, Southern Pacific Railroad operated one such train every day between Bakersfield and South Los Angeles over the Tehachapi Pass.

      But that oil was thicker California crude that doesn’t ignite easily, and it was also transported in specially designed tank cars. Much of the crude oil coming into the state today is lighter and more flammable, and it’s loaded into a fleet of tank cars with a long record of failure in derailments.

      “In light of new risks, it’s essential for first responders to have the right training and equipment to prepare for and respond to accidents,” said Curtis Brundage, a hazardous materials specialist with the San Bernardino Fire Department, in a state Senate hearing last month.

      The worst accident occurred a year ago, in Lac-Megantic, Quebec. An unmanned Bakken crude oil train broke loose and derailed in the center of town. Massive fires and explosions killed 47 people and leveled entire blocks of buildings.

      More derailments followed, though none fatal, as the railroads and the federal government initiated a series of safety improvements. Emergency response officials from all over the country have testified in Washington in the past few months that local fire departments lack the resources to confront large fires from trains carrying 3 million gallons of oil.

      In a report last month, OES made a dozen recommendations to improve the safety of California communities, including increased track inspections, stronger tank cars, more funding for emergency response and better notification of hazardous shipments from the railroads.

      Hill gives the railroads credit for taking the issue seriously with stepped-up track inspections, new operating procedures, orders for stronger tank cars and offers to train emergency personnel. But he added that state lawmakers and agencies were right to push for more before a trickle of oil shipments by rail to California turned into a steady stream.

      “We saw what happened elsewhere,” he said. “This is just to make sure California is prepared.”