Tag Archives: Ontario

Washington State bill: Report volume, contents of oil trains

Repost from SeattlePI.com

State House bill: Report volume, contents of oil trains

By Joel Connelly, April 14, 2015

A bill that would require “comprehensive reporting” of the volume and specific contents of oil trains crossing Washington was passed on a bipartisan vote by the state House of Representatives on Tuesday.

Oil tanker cars derailed under the Magnolia Bridge.  No harm done, but not the case elsewhere.
Oil tanker cars derailed under the Magnolia Bridge. No harm done, but not the case elsewhere.

The legislation goes to the Republican-run state Senate, where key committee chairs enjoy much closer relationships with railroads and oil refiners.

“The House has passed these urgently needed policies with bipartisan support, twice. Delay on the part of the Senate is unacceptable,” said Joan Crooks, CEO of the Washington Environmental Council and Washington Conservation Voters.

(Washington Conservation Voters tried in 2014 to defeat several oil industry allies in the Senate, but lost every high-profile race.)

The legislation, passed on a 58-40 vote, requires that shippers and receivers give cargo data to first responders, but goes further and establishes a website for members of the public to access the information.

Washington Fire Chiefs, in letters sent last month to railroads, asked BNSF, Union Pacific and Canadian National to supply “Comprehensive Emergency Response Plans” and “Worst Case Scenarios” on an oil train accident.

BNSF has responded by offering the chiefs a meeting.

If there is such a response plan or plans, “I haven’t seen it,” new Seattle Fire Chief Harold Skoggins told a news conference with Sen. Maria Cantwell and Seattle Mayor Ed Murray last week.

“It would be nice were there a system created where we would be notified when this material is traveling through our city,” Skoggins added.

The railroads have been reticent about releasing cargo information, citing national security concerns and privately voicing fear of protests.

A fire burns Monday, Feb. 16, 2015, after a train derailment near Charleston, W.Va. Nearby residents were told to evacuate as state emergency response and environmental officials headed to the scene. (AP Photo/The Register-Herald, Steve Keenan)
A fire burns Monday, Feb. 16, 2015, after a train derailment near Charleston, W.Va. Nearby residents were told to evacuate as state emergency response and environmental officials headed to the scene. (AP Photo/The Register-Herald, Steve Keenan)

BNSF has, however, released information on the upgrading of tracks and investment in newer, safer oil tanker cars.

The House legislation goes further, directing rule making for such measures as tug escorts when hazardous cargoes are transported by water.  It directs the state to inspect rail crossings and push for repairs.

And it would require oil companies to pay for increased oil spill prevention, preparedness and response.

Just two and a half years have passed since the first oil train, carrying Bakken crude oil from North Dakota, passed through Seattle en route to refineries in northern Puget Sound.

The state now sees about 19 oil trains a week.  At least a dozen pass along the Seattle waterfront, through a mile-long tunnel, and past the stadium homes of the Seattle Seahawks, Seattle Mariners and Seattle Sounders.

The BNSF has trained Seattle firefighters on oil tanker cars brought to a site in Interbay.  But any serious fire would require a major response from numerous fire departments.

The legislation in Olympia has been inspired, in part, by the long delay in getting new oil train safety rules — such as getting old, unsafe tanker cars off the tracks — out of the U.S. Department of Transportation.

The U.S. and Canada have seen a series of oil train fires in recent months.  A runaway train wiped out the center of Lac-Megantic, Quebec, killing 47 people.  A train blew up near New Casselton, North Dakota, luckily in an unpopulated area.  In February, there were major accidents and fires in West Virginia, Illinois and Ontario.

Sen. Cantwell is sponsoring federal legislation that would require railroads and oil companies to disclose routes and vapor content of trains to first responders.

Eventually, the senator warned last week, Puget Sound population centers could see up to 16 trains a day.

OPINION: Governor DOES have authority to stop crude by rail

Repost from The Albany Times Union
[Editor:  Has anyone researched similar legal authority in California?  Under what jurisdictional authority would Governor Brown have power to stop crude oil trains, regardless of federal preemption?  – RS]

State’s next gamble is oil trains

By Christopher Amato and Charlene Benton, March 19, 2015

Having won approval for legalized casino gambling in New York, Gov. Andrew Cuomo is now rolling the dice on oil trains. The string of oil train disasters over the last year and a half, including four derailments in the past month in West Virginia, Illinois and Ontario resulting in massive fires, explosions and air and water pollution, shows that transporting crude oil in unsafe rail cars poses a significant threat to New Yorkers’ lives and property and the state’s natural resources.

Indeed, the oil train report prepared at the governor’s direction by five state agencies and the scores of oil train safety violations detected by federal and state inspectors confirm the dangers of transporting oil in unsafe rail cars. Yet the governor refuses to use the state’s authority to end this hazardous practice. Instead, he claims — incorrectly — that only the federal government has the authority to protect New Yorkers from the dangers of oil trains.

The Environmental Conservation Law authorizes the commissioner of the Department of Environmental Conservation to order the immediate discontinuance of any condition or activity that he finds “presents an imminent danger to the health or welfare of the people of the state or results in or is likely to result in irreversible or irreparable damage to natural resources.”

In 1990, then-DEC Commissioner Tom Jorling ordered several companies to halt the transportation of oil and sludge in unsafe barges. In that case, a federal appeals court ruled that federal law did not prevent the commissioner from exercising his emergency authority.

In October 2014, we submitted a petition to DEC on behalf of a broad coalition of community and environmental organizations requesting that Commissioner Joe Martens use his authority to prohibit the receipt and storage of crude oil in unsafe rail cars at the Albany oil terminals operated by Global Cos. and Buckeye Partners. Recently, DEC rejected the petition in a two-page letter, claiming that only the federal government can act to protect New Yorkers.

If, as the federal appeals court has held, federal law does not prevent the DEC commissioner from ordering an emergency halt to the transport of oil and sludge in unsafe barges, why can’t the commissioner order a halt to the receipt and storage of crude oil in unsafe rail cars? Given the high stakes, isn’t this course of action at least worth trying?

The Cuomo administration has repeatedly claimed that New York is the most aggressive state in the nation taking action on the threats posed by the rail transportation of highly volatile crude oil. But a recent news story reported that dangerous oil train shipments in New York have expanded on Cuomo’s watch, while other states like Washington are blocking crude-by-rail projects or requiring a full environmental, health and safety review of such projects.

The U.S. Department of Transportation estimates that an average of 10 oil train derailments will occur each year for the next two decades, and predicts that a derailment in a populated area — such as Albany — could kill hundreds of people and result in billions of dollars in damages. It is time for the Cuomo administration to stop gambling that New York will escape the type of oil train catastrophe that has already occurred in Alabama, Virginia, North Dakota, West Virginia, Illinois, Ontario, New Brunswick, and Quebec. If the governor’s luck runs out, it may cost New Yorkers their lives.

Christopher Amato is an attorney at Earthjustice, a nonprofit environmental law firm. Charlene Benton is president of the Ezra Prentice Homes Tenants Association, which represents public housing tenants in Albany’s South End.

REUTERS: California opposition to oil-by-rail mounts

Repost from Reuters

California opposition to oil-by-rail mounts

By Rory Carroll, Mar 19, 2015 3:03pm EDT

(Reuters) – A chorus of local governments across California opposed to crude oil trains grew louder this week in light of recent derailments, with a total of 14 cities and towns now trying to block the trains from running through their communities.

Five northern California cities – Berkeley, Richmond, Oakland, Martinez and Davis – have voiced their opposition to crude by rail in general. An additional nine communities specifically oppose a Phillips 66 project to enable its refinery in San Luis Obispo to unload crude-carrying trains.

Fiery derailments in West Virginia, Illinois and Ontario in recent weeks have brought the issue back into the national spotlight. The most devastating crude by rail disaster, a July 2013 derailment in Lac-Mégantic, Quebec, which killed 47 people, is mentioned in many of the opposition measures.

San Luis Obispo County is weighing whether to approve the Phillips 66 project, which would use Union Pacific rail lines to bring five 80-car trains per week to the refinery, starting in 2016.

That has prompted concern from communities along the company’s rail network, including densely populated cities in the San Francisco Bay Area.

“The opposition is growing exponentially,” said Jess Dervin-Ackerman of the Sierra Club San Francisco Bay Chapter.

On Monday the Bay Area city of San Leandro passed a resolution opposing the Phillips 66 project, noting that at least 20 schools are located in the “blast zone” along the projected route.

Paso Robles, a city in San Luis Obispo County, could be the next to take a stand against the dangerous cargo. Its city council is expected to debate the topic at an upcoming meeting.

While local governments lack the ability to stop the trains, which fall under the jurisdiction of the federal government, they hope to put pressure on San Luis Obispo County officials.

“Every one of the tank cars on these trains carries more flammable crude oil than any municipal fire department can fight. That’s why California cities and towns are saying no,” said Matt Krogh of environmental group ForestEthics.

Phillips 66 said it has one of the most modern crude rail fleets in service and that every railcar used to transport crude oil in its fleet exceeds regulatory safety standards.

“The proposed rail project is designed with safety as the top priority and with safety measures embedded in the project,” said spokesman Dennis Nuss.

(Editing by Jessica Resnick-Ault and Matthew Lewis)

Canada’s Transportation Safety Board points to track issues in derailments

Repost from insideHALTON.com

TSB points to track issues in derailments

By Paola Loriggio, The Canadian Press, March 17, 2015
TSB points to track issues in derailments-Image1
A CN Rail train derailment near Gogama, Ont., is shown in a Sunday, March 8, 2015 handout photo. Canada’s transportation investigator says track infrastructure failures may have played a role in three recent derailments involving oil-laden trains in northern Ontario. THE CANADIAN PRESS/HO – Glenn Thibeault

Canada’s transportation investigator says track infrastructure failures may have played a role in three recent derailments involving oil-laden trains in northern Ontario.

The Transportation Safety Board says it wants Transport Canada to review the risk assessments for a stretch of track known as the CN Ruel subdivision following the fiery derailments in Gogama and Minnipuka.

It says trains have already been ordered to travel slowly on the Class 4 welded rail track due to “various infrastructure and track maintenance issues,” but that heavily loaded tank cars often exert “higher than usual forces” on the track.

The board says that exposes weaknesses in the track and makes it more susceptible to failure.

The agency says its preliminary observations on the March 7 Gogama derailment also found the tank cars performed similarly to those involved in the deadly derailment in Lac-Megantic, Que., despite meeting upgraded safety standards for Class 111 tank cars.

Similar observations were made about a Feb. 14 derailment near the same community, which is about 80 kilometres south of Timmins.

The derailments have fuelled the debate over transporting oil by rail and prompted the transportation ministers of Ontario and Quebec to express concern to their federal counterpart.

Last week, Ottawa proposed tough new standards for rail tank cars used to transport crude oil that would phase out the much-criticized Class 111 tank cars by 2025.

The proposal would require the new tank cars to have outer “jackets,” a layer of thermal protection, and thicker steel walls.

The Transportation Safety Board said Tuesday the proposed standards “look promising,” but must be implemented more quickly than suggested “given initial observations of the performance” of the upgraded Class 111 in recent derailments.

“If older tank cars, including the (upgraded cars), are not phased out sooner, then the regulator and industry need to take more steps to reduce the risk of derailments or consequences following a derailment carrying flammable liquids,” it said.