Tag Archives: New York

North Dakota man relentless in push for safer oil by rail shipping

Repost from the Billings Gazette
[Editor: This is not a fluffy human interest story, but an important offering on the oil industry and regulators in North Dakota. Significant quote: “‘If you want to fix a problem, you go to the source of the problem,’ he said.  ‘You don’t prepare for something that doesn’t have to happen.’”  Another good quote: “Pressure to make North Dakota crude oil safe for interstate shipment is mounting on several fronts.”– RS]

North Dakota man relentless in push for safer oil by rail shipping

November 02, 2014, by Patrick Springer, Forum News Service
Ron Schalow of Fargo
Ron Schalow of Fargo has been an outspoken advocate of stabilizing Bakken oil to remove volatile gases before it is shipped by rail. | David Samson / Forum News Service

FARGO, N.D. — Ron Schalow isn’t bashful about expressing his caustic opinions. He once wrote a book scolding President George W. Bush for failing to prevent the 9/11 terrorist attacks.

Part of the title can’t be printed here, but the subtitle read, “The 9/11 Leadership Myth.”

More recently, the Fargo man, a frequent writer of letters to the editor, has focused his attention on explosive Bakken crude oil and rail safety – an issue that has drawn national attention after a series of fiery train derailments, including an accident that killed 47 people in Canada and one late last year near Casselton.

Schalow launched a petition drive originally called the “Bomb Train Buck Stops in North Dakota,” which he renamed the “Coalition for Bakken Crude Oil Stabilization,” a reference to the process for removing volatile gases.

Improbable activist

Schalow’s background makes him an improbable activist. His early career was spent managing restaurants and bars, with a stint as a minor league baseball manager.

More recently, he worked for software companies including Microsoft in Fargo, but said he grew weary of corporate culture and office politics and turned to freelance work.

He has assembled a loose network of people concerned about the crude oil stabilization issue, including local officials in Minnesota and other states, but laments he has found little support for his crusade in North Dakota.

Still, North Dakota leaders have been under pressure from the federal government and other states, including Minnesota, to treat crude oil before shipping it around the country by rail to refineries.

The North Dakota Industrial Commission is preparing new standards, likely to take effect Jan. 1, to “condition” crude oil before transport to address safety concerns. Separately, federal officials are drafting more stringent safety standards for tanker cars.

“I think we have to take some responsibility over what’s going over the tracks into Minnesota and the rest of the country,” Schalow said. “It has a lot to do with this is a product that’s coming out of my state.”

By his own admission, 59-year-old Schalow is not a consensus builder. A freelance writer for marketing clients, he isn’t a joiner by nature. Bespectacled, with a goatee, he is soft-spoken but adamant in expressing his views.

He has peppered North Dakota officials, including petroleum regulators and the three-member Industrial Commission, with emails calling for action and asking who is in charge of what he sees as a vital issue of public safety.

“I’ve badgered them relentlessly,” he said.

He is dismayed by what he regards as a sluggish state response, even after an official “tabletop exercise” last June that estimated 60 or more casualties if an oil train derailed and exploded in Fargo or Bismarck.

The exercise simulated a disaster similar to the blast that killed 47 and destroyed much of the town of Lac-Mégantic, Quebec, in July 2013.

For Schalow, the key to ensuring the oil is safe is to remove the volatile gases before shipping. Anything else, in his view, is passing along a potentially deadly problem for others to face.

“If you want to fix a problem, you go to the source of the problem,” he said. “You don’t prepare for something that doesn’t have to happen.”

Derailments costly

Dealing with an explosive derailment can be costly. New York officials estimated, for example, it would take $40,000 in foam to extinguish one tanker car.

In the rail accident near Casselton last December, 20 tanker cars derailed, 18 of which were breached, unleashing a series of explosions and an enormous fireball. Intense heat kept the firefighters far from the flames, which they had to allow to burn out.

No one was seriously injured or killed in the crash.

“They can’t be prepared for combat explosions,” Schalow said, referring to the explosive fires that Bakken crude derailments have produced. “What would they do?”

North Dakota officials in the governor’s office and Department of Mineral Resources declined to talk about Schalow’s advocacy, but said the state is moving ahead to improve the safety of crude oil transportation.

“Gov. (Jack) Dalrymple takes rail transportation safety very seriously and he believes it’s important to have the public weigh in on this important issue,” said Jeff Zent, a spokesman and policy aide for the governor, the highest-ranking member of the Industrial Commission.

“That’s why the Industrial Commission will announce further regulations aimed at improving the safety of oil rail transportation,” he added.

“Our goal has always been to make crude oil as safe as possible for transport, within our jurisdiction,” said Alison Ritter, a spokeswoman for the North Dakota Department of Mineral Resources, which regulates oil and gas production.

The department is also working with “the appropriate federal agencies to better communicate our role to make crude oil as safe as possible for transport,” Ritter said.

In contrast to North Dakota, most crude oil in Texas is stabilized before shipment. Pipeline companies routinely require stabilization before accepting shale oil.

“How hard is it to stand up and say I’m against trains blowing up in my town?” Schalow asked, referring to public officials’ initial reluctance to impose tougher standards.

A recent Forum Communications poll found that 60 percent of respondents were concerned about the safety of shipping crude oil by rail, but there has been no real clamor from residents, Schalow said.

“It’d be nice if someone stood up and defended me once or twice,” he said. As for holding a meeting of supporters, well, “Who would I call and who would dare show up? There’s no political will in this state except for that anonymous 60 percent.”

In Minnesota, Gov. Mark Dayton has urged North Dakota to stabilize oil before loading crude onto trains. An estimated 50 North Dakota oil trains roll through Minnesota each week, many with 100 tanker cars.

Pressure to make North Dakota crude oil safe for interstate shipment is mounting on several fronts.

Other states, including New York and California, where refineries take Bakken crude, are considering safety requirements.

“There’s a lot more angst across the country than there is here,” Schalow said, adding that most of his contacts are from other states, including New York, California and Washington state.

“I think he’s a pretty straight shooter,” said Tim Meehl, mayor of Perham, Minn., who is concerned about oil trains traveling through his town. “I think everything he says has a lot of merit to it.”

Meehl has not met Schalow, but saw him at a meeting in Moorhead earlier this fall attended by Dayton and local officials, and has exchanged emails with Schalow.

“They don’t want to step on toes out there,” Meehl, a native of Oakes, N.D., said of North Dakota officials’ deference to oil interests. “We need the oil. We just need to do it in a safer way.”

In North Dakota, residents and politicians seem reluctant to do anything that risks discouraging energy production, a powerful economic engine, Schalow said.

‘Quiet acceptance’

“You can’t say anything that might impact business, no matter what,” he said, describing what he regards as North Dakota’s curious culture of quiet acceptance.

Regulators aren’t alone in singling out oil tanker cars. BNSF announced last week that it will charge a $1,000 fee for each older crude oil tank car, more prone to puncture than newer models. By one estimate, that would add about $1.50 a barrel to the transportation cost.

In Texas, energy companies have invested hundreds of millions of dollars to make crude safer to handle. The cost of stabilizing crude oil could trim potential revenue by perhaps 2 percent, according to the estimate of an unidentified industry executive interviewed by The Wall Street Journal.

Schalow has been an outspoken critic of the Bush presidency and North Dakota leadership, but said he really has no allies in either political party.

A conservative blogger once described him as a “truther” for his criticisms of Bush, whom he castigated for failing to take pre-emptive action against al-Qaida despite warning signs of their terrorist ambitions. Schalow dismisses the “truther” label as unfair, saying he offered no conspiracy theories in his book.

He said the paperback sold 4,000 or 5,000 copies after it came out in 2006. No book is forthcoming on the issue of Bakken crude safety, but Schalow is unlikely to stop writing his letters, emails and Facebook posts.

“I don’t think it’s a political issue,” he said. “I think it’s a public safety issue.”

Potentially explosive trains rolling past 55 schools along a 60 mile stretch in NY and NJ

Repost from WABC TV7 Eyewitness News, New York, NY
[Editor: Trains actually pass right UNDER one school.  A shocking video and excellent investigative reporting.  Someone really should research and list the schools (and other vital structures) along the Union Pacific tracks proposed as the route for Valero Benicia crude-by-rail.
UPDATE, Nov. 1, 2014 – Note previous NRDC study on this issue in California, especially p. 3 of It Could Happen Here, The Exploding Threat of Crude by Rail in California, which lists the number of schools.  More detailed mapping is available on the NRDC’s Risk Zone Maps.  – RS] 

The Investigators: Potentially explosive trains rolling through New York, New Jersey neighborhoods

By Jim Hoffer, October 31, 2014

Bridge wake-up call

Repost from Philipstown.info, Philipstown, NY
[Editor: This story out of New York is a wake-up call for us all.  Bridge safety in Northern California is a serious issue, and  we have heard little discussion on the subject as Valero  proposes to bring oil trains over the Sierra, through the Sacramento River Valley and  across the protected Yolo  Basin and Suisun Marsh.  Another refinery proposes to send these trains over the 85-year old Benicia Bridge, then alongside our beautiful Carquinez Strait and down through the heavily populated communities on the east shore of the San Francisco Bay.  – RS]

CSX Says Bridge Safe

Crude oil trains make daily crossings

By Michael Turton, August 1, 2014

A railway bridge located on the Hudson River across from Cold Spring has visibly deteriorated however its owner says it remains fit for daily use by freight trains. The bridge is located at milepost 51 on the River Line, a 132-mile stretch of track that runs from northern New Jersey to Selkirk, New York, just south of Albany. The bridge and the tracks are owned by the Florida-based CSX Corporation. At the bridge, the tracks are located just a few feet from the riverbank.

Concrete has crumbled beneath one of the bridge's vertical supports.

The span in question, along with a second bridge a few hundred yards to the south, crosses over a pair of narrow channels that enable waters from a wetland located west of the tracks to flow in and out freely as river levels change due to tides, wind and rain. Concrete that forms a part of the bridge’s structure has crumbled beneath a vertical support directly under the tracks.

In an email to The Paper, CSX Spokesperson Kristin Seay, said that the bridge is “current” with regard to its annual inspection. “It was last inspected on Feb. 6, 2014, and was determined to be safe for railroad operations.” Seay said that all CSX bridges are inspected annually.

The bridge to the south also shows signs of deterioration but to a lesser extent. On that structure, concrete has fallen away, exposing the reinforcing metal bar.

Oil transport by rail on the rise

The condition of tracks and bridges along the Hudson River has become more significant locally as part of a national trend which has seen an exponential increase in the transport of crude oil and other hazardous materials by rail in recent years. On July 23, 2014, USA Today reported that “The number of oil-carrying cars run by seven major U.S. railroads jumped from 9,500 in 2008 to 407,761 in 2013…” Closer to home, Seay told The Paper that “CSX operates an average of two to three loaded crude oil trains per day over (the River Line) route…” That adds up to between 700 and 1,000 crude-oil trains that pass directly across from Philipstown each year.

An average of two or three trains carrying crude oil cross over the bridge daily.

Two high profile, rail-related tragedies that occurred in recent months no doubt add to local concern. Last July, in Lac-Megantic, Quebec, a train loaded with oil exploded, killing 47 people. Local insurance claims were estimated at $50 million. And in May of this year, a train derailed in Lynchburg, Virginia, dumping some 50,000 gallons of crude oil into the James River.

A July 23 editorial in the Albany Times Union underscored what it called “failure of government to adequately ensure rail safety” as evidenced by such accidents.

Federally regulated

Freight rail lines in the U.S. are regulated almost entirely at the federal level by the Federal Railroad Administration (FRA). Federal law requires that all railroad companies inspect their own bridges on an annual basis — regardless of the size of the bridge. Companies must determine the load capacity of each bridge, certifying to the state where it is located that it is capable of bearing the daily load it must handle.

On July 23, the Federal Department of Transportation proposed comprehensive rules to improve crude oil transportation safety. Recommendations include an immediate phasing out of older tank cars, new standards for tanker cars that carry highly hazardous materials, reduced operating speeds, and required notification of first responders.

At the state level, the New York State Department of Transportation’s (DOT) Rail Safety Inspection Section participates in FRA safety programs — mainly for staff training and certification. Beau Duffy, DOT Director of Communications, told The Paper that the agency also conducts random inspections or “blitzes” of rail facilities, focusing on track conditions and mechanical equipment such as brakes and wheels. He said that DOT does not however inspect bridges.

National issue … local focus

The deteriorating bridge across from Cold Spring brings what has become a significant national issue into very local focus.

Commenting on the CSX bridge, a Federal Railroad Administration official told The Paper that the FRA would work with CSX to ensure it is in compliance with all federal safety standards noting that FRA inspectors regularly evaluate railroad companies’ bridge safety practices to identify potential weaknesses.

Local senior-elected officials also commented on the River Line bridge. “Like many of my neighbors, I’m extremely concerned about the integrity of this bridge,” said Rep. Sean Patrick Maloney (D-18th District, NY), when notified of the issue by The Paper. “I immediately brought this to the … attention of CSX, and I’ll work closely with officials to ensure inspections are conducted and any necessary repairs are done promptly. With billions of gallons of oil barreling down the Hudson, we must be vigilant that issues like this are addressed quickly — the safety of our neighbors, environment and communities is far too important.”

Maloney is a member of the House Transportation and Infrastructure Committee, and has been working with the chairman of that committee to examine the environmental and economic impact of shipments of crude oil along the Hudson River.

New York State Sen. Terry Gipson (D-Dutchess, Putnam) also commented. “The impact of an oil train incident along the shore of the Hudson River would be devastating to our communities who rely on the river for their drinking water and our local economy,” Gipson said via email. “That is why I … have expressed strong concerns to our federal government about the need for safety improvements relating to the interstate transportation of crude oil along the Hudson River. This effort includes ensuring necessary track maintenance and infrastructure investments that will allow businesses to operate more effectively and safely.”

Photos by M. Turton

NY Governor Cuomo sends letter to President Obama an hour before Lynchburg explosion

Repost from The Auburn Citizen, Auburn, NY
[Editor: See below for copy of Governor Cuomo’s letter and the New York State Transporting Crude Oil Report.  – RS]

Cuomo to President Obama: Better federal safety standards needed for rail transport of crude oil

April 30, 2014 • Robert Harding
Train Derailment
Firefighters and rescue workers work along the tracks where several CSX tanker cars carrying crude oil derailed and caught fire along the James River near downtown in Lynchburg, Va.., Wednesday, April 30, 2014. Police said that 13 or 14 tanker cars were involved in the derailment. (AP Photo/Steve Helber)

Shortly before a train carrying tankers filled with crude oil derailed and exploded in Lynchburg, Va., Gov. Andrew Cuomo urged the federal government to establish better safety regulations for the rail transport of crude oil to help prevent major accidents from occurring that could pose a threat to New York communities located along rail lines.

Cuomo sent a letter Wednesday to President Barack Obama calling for tougher federal regulations. In the letter, Cuomo included recommendations for the federal government, including new tank car regulations and updated environmental and contingency response plans. He also called for the removal of DOT-111 tank cars, a type of car that has been labeled “dangerous” because of the high risk of explosion if it derails carrying crude oil.

“As a result of the recent boom in domestic petroleum production, New York state is experiencing a dramatic increase in the number of crude oil trains passing through the state from production areas in the upper Midwest to refineries in the mid-Atlantic and Canada,” Cuomo wrote to President Obama. “This type of crude oil, known as Bakken crude, is highly volatile and is being transported in significant volume across the country by inadequate rail tank cars.

“New York and all the states subject to this crude oil boom are extremely vulnerable to the impacts of a derailment, spill, fire or explosion, as demonstrated by three catastrophic incidents in the last nine months involving such trains. I urge your immediate attention to this issue.”

The recommendations for the federal government were included in a report released Wednesday. The report, Transporting Crude Oil in New York State: A Review of Incident Prevention and Response Capacity, was prepared by a handful of state agencies after Cuomo issued an executive order in January.

While the report makes recommendations to the federal government for improving rail transportation safety, emergency preparedness and strengthening environmental protections, the agencies also recommended the state take action in these three areas.

The report also recommends industry changes, including implementation of a web-based information access system by rail companies to provide real-time information on hazardous materials. The agencies also called for an expedited risk analysis for crude oil to determine the safest and most secure rail routes for trains with at least 20 cars of crude oil.

While Cuomo said the state can take steps to be better prepared, he said it’s the federal government’s responsibility to regulate the industry.

“New York will continue to aggressively pursue measures that ensure its safety,” Cuomo wrote. “However, the fundamental responsibility for the safe transportation of crude oil across the country resides with federal agencies.”

Cuomo’s office distributed the governor’s letter to President Obama and the state report about an hour before reports of the train accident in Lynchburg, Va. The News & Advance in Lynchburg reports that an estimated 50,000 gallons of crude oil was spilled in the incident.

After learning of the train derailment, Cuomo issued a statement repeating his call for the federal government to take action.

“Earlier today, I wrote a letter to President Obama urging the federal government take immediate steps to bring much needed and overdue safety regulations to the crude oil transportation system. Just hours later, news comes of yet another serious oil train derailment, this time in Lynchburg, Virginia. Our thoughts and prayers are with any possible victims of this accident,” Cuomo said.

“This is the latest in a series of accidents involving trains transporting crude oil, a startling pattern that underscores the need for action. In addition to steps that states like New York are taking, the federal government must overhaul the safety regulations, starting with taking DOT-111 trains off the rails now. These trains travel through populated communities in upstate New York and we cannot wait for a tragic disaster in our state to act.”

Here is the letter from Cuomo to President Obama:

Gov. Cuomo’s letter to President Obama

Here is the state report on transporting crude oil:

New York State Transporting Crude Oil Report