Repost from The Contra Costa Times
Contra Costa residents pushing for more information on crude by rail
By Karina Ioffee, Bay Area News Group, 03/27/2015 05:22:01 PM PDTCROCKETT — With plans in the works to transport crude oil by rail through Contra Costa County cities to a Central California refinery, local residents say they want assurances that state and federal agencies are doing everything they can to keep them safe.
Less than 1 percent of crude that California refineries received in 2014 came by rail, but the negative perception of transporting oil by train has grown sharply because of highly publicized accidents. A derailment in Quebec in 2013 killed 47 people and destroyed parts of a town; another in West Virginia contaminated local water sources and forced the evacuation of hundreds of residents.
If the Phillips 66 plans are approved, an estimated five trains a week, each hauling 80 tank cars, could travel through Contra Costa cities, then Berkeley, Oakland and San Jose along the Amtrak Capitol Corridor, before arriving at the refinery in Santa Maria.
At a community meeting here Thursday, residents peppered a representative from the California Energy Commission about what kind of emergency plans were in place should a train derail and explode, what timelines the federal government had for new and improved tanker cars, and whether railroad companies have enough insurance in case of a catastrophic event.
Many came away unsatisfied with what they heard, saying they were terrified by the prospect of rail cars filled with Bakken crude from North Dakota, which is lighter and more combustible than most types of petroleum.
“The oil companies are getting all the benefits and the communities who live near them are taking all the risk,” said Nancy Rieser, who lives in Crockett and is a member of Crockett-Rodeo United to Defend the Environment, a community organization.
Her group is pushing the railroad industry to release its risk-assessment information, required for insurance purposes, to better understand what kind of plans companies have in an event of an emergency and whether their insurance policies would cover a large incident. Railroad companies have so far declined to release the information.
“You need to have hospitals at the ready, you need to have first responders, so if you keep it a secret, it’s as if the plan didn’t exist,” Rieser said. “You can’t be coy with the communities.”
Regulations about rail safety are written and enforced by the Federal Railroad Administration, and the California Public Utilities Commission focuses on enforcement in the state, employing inspectors to make sure railroads comply with the law. There is also an alphabet soup of state agencies such as the Office of Emergency Services (OES), the Office of State Fire Marshal (OSFM), California Environmental Protection Agency (CalEPA) and the Office of Spill Prevention and Response (OSPR).
But to what extent the agencies are working together to prepare for crude-by-rail transports and how they’re sharing information remains unclear. Last year, an Interagency Rail Safety Working Group, put together by Gov. Jerry Brown, produced a report recommending that additional inspectors be hired to evaluate tracks, rail cars and bridges; more training for local emergency responders; and real-time shipment information to local firefighters when a train is passing through a community. According to the report, incidents statewide involving oil by rail increased from three in 2011 to 25 in 2013.
Many at Thursday’s meeting said the only way to prevent future accidents was to ban the transport of crude by rail completely, until all rail cars and tracks had been inspected.
“These trains are really scary because we live so close to them and we feel the effects deeply through emissions and air pollution,” said Aimee Durfee, a Martinez resident. Statewide, Californians use more than 40 million gallons of gasoline each day, according to the California Energy Commission.
Bernard Weinstein, associate director of the Maguire Energy Institute at Southern Methodist University, said railroad companies are already shifting to new cars — outfitted with heat shields, thicker tank material and pressure-relief devices — although the process is gradual because of the sheer volume of the fleet, estimated at more than 25,000. New rulings specifying tanker car standards and timelines about phasing in updated technology are also expected this May.
“No human activity is completely risk-free,” Weinstein said, adding that the spill rate for trains transporting crude was roughly four times higher than accidents involving pipelines.
“Communities are resistant to crude by rail and they are against pipelines, but they also want to go to the pump and be able to fill up their car.”
At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by the Commerce Clause, Federal Railroad Safety Act (FRSA), or ICC Termination Act, or all three.
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