Tag Archives: Quebec

Firefighters get specialized training to fight crude oil tank car fires

Repost from The Albany Times Union [Editor: We can expect that this kind of training is being initiated all across North America, given the proliferation of derailments and explosions.  Has the Benicia Fire Department sought training?  Other Bay Area fire departments?  How about a regional training event?  – RS]

Firefighters train as crude oil surges through Albany port

Controlled blaze gives firefighters practice for a real oil event at port
By Brian Nearing  |  May 8, 2014
An instructor, right, leads firefighter trainees during a live fire training drill on best practices for the suppression of ignitable liquids such as crude oil in the event of a flammable liquid emergency at the Port of Albany Wednesday May 7, 2014, in Albany, NY.  (John Carl D'Annibale / Times Union) Photo: John Carl D'Annibale / 00026798AAn instructor, right, leads firefighter trainees during a live fire training drill on best practices for the suppression of ignitable liquids such as crude oil in the event of a flammable liquid emergency at the Port of Albany Wednesday May 7, 2014, in Albany, NY. (John Carl D’Annibale / Times Union)

To practice fighting towering flames that could erupt should crude oil-laden trains ever derail and explode, firefighters in the Port of Albany on Wednesday practiced on controlled blazes created on something not unlike a giant barbecue grill.

In a parking lot off South Pearl Street, about two dozen firefighters spent several hours dragging hoses to spray special foam on fires fueled by propane lines from a tank truck parked nearby, and that burned both in vapors bubbling in a water-filled pan on the ground and from a valve atop an adapted tractor-trailer.

Flames would shoot up, teams of firefighters would creep up to spray foam, flames would be extinguished and then the next team would repeat the exercise.

The state Division of Homeland Security ran the two-day drill, which is part of routine training done statewide for local fire departments and companies with their own firefighting crews, said James Cable, chief of the division’s Special Operations Branch.

Later Wednesday, the U.S. Department of Transportation issued an emergency order requiring all railroads operating trains hauling large loads of highly flammable Bakken crude oil — like those into Albany’s port — to notify state emergency response officials about routes and operation of rail traffic through their states.

The rule requires rail companies that have trains containing more than one million gallons of North Dakota Bakken crude — equivalent to about 35 tanker cars — to notify state officials on the routes of those trains.

Also the rules asks oil shippers to phase out use of the oldest, least-safe tankers, known as DOT-111s, as soon as is practical, without setting any deadline.

Applauded by U.S. Sens. Chuck Schumer, who last week called for such notification, and Kirsten Gillibrand, the federal announcement came after the local safety drill was finished. Before the drill, Albany Deputy Fire Chief Frank Nerney Jr. called the drill “an extension of our regular training to understand the use of foams to fight flammable liquids. We take part in this drill twice a year.”

Nerney said training has focused on crews at the South End firehouse, which is closest to the Port of Albany, where trains carrying Bakken crude oil are arriving daily. Crude shipments have skyrocketed in the last two years. Derailments and massive fires in Virginia, North Dakota, Alabama and Quebec in the last year have raised mounting safety concerns.

In some of the infernos, flames were up to 200 feet high. Wednesday’s flames were much smaller, appearing to shoot five feet from the water-filled pan and 20 or 30 feet from the tractor trailer. Crews wearing protective clothing were able to walk within a few feet of the flames, which were still hot enough to be felt by reporters standing back about 40 yards.

New recruits from the Albany department, as well as its five battalion chiefs, took part in the drill, as well as members from fire departments from Schuyler Heights, Maplewood and Schenectady and the SABIC chemical plant in Glenmont.

Cable said the principles of the propane-based training system apply to crude oil fires or other “ignitable liquids.” The chemical foam is mixed with water under pressure, and the foam is sprayed over a fire. It acts like a blanket, sealing off the surface of the burning liquid from air, which extinguishes the blaze. The foam is consumed gradually by fire, and so must be applied enough to create a barrier; otherwise, gaps will allow air to continue to feed the blaze.

The state has run the training course for local departments for three years, said Cable. “We are looking to increase this training, as more communities are asking for it.”

The legal quagmire of Lac-Mégantic

Repost from The Montreal Gazette

Plans are finally taking shape for financial compensation of derailment victims

By Monique Beaudin, Gazette environment reporter April 20, 2014
The legal quagmire of Lac-Mégantic
The light fades over the Appalachian Mountains in Lac-Mégantic a couple of weeks after the train derailment in July 2013. Eight months later, plans for compensation are coming together. Photograph by: Allen McInnis , Montreal Gazette

Nine months after a runaway oil train derailed in Lac-Mégantic, killing 47 people and destroying a large chunk of the town, a plan for financially compensating disaster victims is taking shape.

Judges in Quebec and Maine have approved a joint cross-border process for victims of the accident to file claims against Montreal, Maine and Atlantic Railway and its Canadian operations, Montreal, Maine and Atlantic Canada. The two companies have been under bankruptcy protection since August.

Thousands of claims related to the derailment are expected to be filed against MMA. Public information meetings on the financial-claims process are to begin in Lac-Mégantic next week. Claims must be filed by the middle of June.

People who lost family members, homes and businesses have turned to Canadian and American courts for financial compensation, but the process has been slow. The estates of several of the 47 people killed on July 6 have filed wrongful-death lawsuits in the U.S. Lawyers have also begun proceedings to bring a class action in Quebec. Quebec has already ordered six companies to clean up and decontaminate the town, a move that is facing a legal challenge.

The American lawyer overseeing MMA’s U.S. bankruptcy proceedings himself admits figuring out how victims will be compensated is “quite complicated”.

One of the biggest questions is who has the money to pay for the accident — compensating victims and secured creditors, covering cleanup costs and paying damages that several companies are claiming as a result of the derailment.

MMA was sold in January to New York-based Railway Acquisitions Holdings, for $14.25 million, less than what it owes its secured creditors.

That leaves a $25-million insurance policy and the possibility of a settlement fund composed of contributions from several companies targeted by legal action after the accident, said Robert Keach, MMA’s U.S. Chapter 11 trustee.

Another possible source of financial compensation for victims could come from a lawsuit Keach filed against World Fuel Services, Western Petroleum and Petroleum Transport Solutions, the companies that arranged for the shipment of the crude oil on the train. Keach argued they were to blame for the accident since the oil had been mislabelled as being less volatile than it actually was.

New York-based lawyer Luc Despins is counsel to a victims’ committee made up of residents, the town of Lac-Mégantic and the Quebec government. The committee represents victims’ interests in MMA’s American bankruptcy proceedings, offering input on issues like the compensation process, he said.

Despins said the committee’s goal is to get as much money as possible to the Lac-Mégantic victims as quickly as possible. But, he cautioned, not all claims filed may be accepted.

“If someone agrees their house was worth $600,000 and they got the full $600,000 from their insurance company, and that’s their only claim, they should not be recovering twice, this is not a lottery,” he said. “They may have other claims, but as far as the house I gave as an example is concerned, they can’t recover twice.” The courts will decide who has a valid claim, Despins said.

LOGISTICS: WHAT’S NEXT FOR VICTIMS OF THE DISASTER

Victims of the accident have until June 13 at 5 p.m. to file a proof of claim against Montreal, Maine and Atlantic.

Public information meetings on the claims process are to be held in Lac-Mégantic between April 22 and May 5, and assistance will be provided to help people complete the claims forms, according to an order issued by Quebec Superior Court. Victims who do not file a claims form by June 13 will not be permitted to participate in the Canadian or U.S. bankruptcy proceedings or receive any payment made available in those proceedings.

Claims forms and information about the claims process are posted on the website of Montreal-based Richter Advisory Group, the company’s Canadian bankruptcy monitor, at www.richter.ca under “Insolvency Cases” or  http://bit.ly/mmamonitor.

LEGAL ACTIONS INVOLVING VICTIMS OF LAC-MÉGANTIC

A request has been filed to approve a class-action lawsuit in Quebec against MMA, World Fuel services, Irving Oil, Canadian Pacific, the federal government and others. More than 1,550 people have registered with the class action so far.

A committee of three Lac-Mégantic residents, a representative of the Quebec government and the town of Lac-Mégantic represents victims’ interests in MMA’s U.S. bankruptcy proceedings.

The estates of 19 people killed in the Lac-Mégantic train derailment filed wrongful-death lawsuits in Illinois, naming several defendants, including MMA, company chairman Edward Burkhardt, MMA’s parent company Rail World, and World Fuel Services, which arranged for the transportation of the crude oil on the train. All except two of those lawsuits have been withdrawn while American courts decide where they will be heard. A law firm representing the estates says it plans to appeal a recent decision from a U.S. federal judge ordering the cases transferred to Maine, where MMA’s bankruptcy proceedings are being held. One of the issues at play is the amount of money that could be awarded as damages. Illinois has no cap on such payments, while Maine limits them to $500,000 in wrongful-death cases.

POSSIBLE SOURCES OF FINANCIAL COMPENSATION

A $25-million insurance policy MMA has with XL Insurance. Many people and companies are interested in the insurance policy. They include:

– Victims of the Lac-Mégantic derailment, such as the families of people killed in the accident, those who were injured or those who suffered losses to their businesses or homes.

– CIT Group, a company that owned some of the locomotives and tank cars involved in the accident. CIT has said it plans to settle any claims against it from wrongful-death lawsuits tied to the derailment with the XL insurance policy.

– MMA chairman Edward Burkhardt, who has been named in several legal actions linked to the derailment, argued in U.S. bankruptcy court that he is covered by the policy.

Settlements from legal action taken by MMA’s bankruptcy trustee against World Fuel Services.

The creation of a settlement fund made up of financial contributions from companies that may be liable for the accident.

TIMELINE OF THE LEGAL FALLOUT

July 6, 2013: A 72-car oil train pulled by five locomotives unexpectedly rolls down railway tracks into the town of Lac-Mégantic. Most of the cars derail, leading to explosions and a fire that kills 47 people and destroys much of the downtown core. Nearly 6 million litres of crude oil spill in the accident.

July 15, 2013: Lac-Mégantic lawyer Daniel Larochelle and two other law firms file a request in Quebec Court to begin class action proceedings against MMA and 14 other companies and individuals.

July 22, 2013: Annick Roy files a wrongful-death lawsuit in Illinois court on behalf of the estate of Jean-Guy Veilleux and their daughter. Veilleux was killed July 6.

Aug. 7, 2013: MMA files for bankruptcy protection in Canada and the U.S.

Aug. 14, 2013: A total of 19 wrongful-death cases have been filed in Illinois court.

Aug. 22, 2013: The Quebec government announces the creation of a victims’ committee to represent Lac-Mégantic residents, the government and the town in the U.S. bankruptcy proceedings.

Jan 23, 2014: Bankruptcy judges in Canada and the U.S. approve the sale of MMA to Railway Acquisitions Holdings of New York for $14.25 million U.S.

Feb. 12, 2014: Lawyers for the proposed Quebec class action add Transport Canada to the list of more than 50 organizations and people it plans to sue.

Feb. 26, 2014: A joint Canada-U.S. bankruptcy meeting between creditors tries to speed up the pace of the claims process.

April 2014: The MMA sale to RAH is expected to be finalized.

June 13, 2014: This is the proposed deadline for victims and creditors to file claims against MMA in the Canadian and U.S. bankruptcy proceedings.

WHAT’S HAPPENING WITH MONTREAL, MAINE AND ATLANTIC

The railway company whose runaway oil train derailed in Lac-Mégantic on July 6, 2013. It is in the process of being sold to Railway Acquisition Holdings, a New York City -based company, for $14.25 million U.S. RAH plans to change the name of the company to Central Maine and Quebec Railway, and offer rail service on MMA’s 800 kilometres of tracks in the two countries.

RAH is acquiring two companies:

Montreal, Maine and Atlantic Railway

  • Parent company of Montreal, Maine and Atlantic Canada.
  • Operates a shortline railroad in Vermont and Maine.
  • Under Chapter 11 bankruptcy protection since August.

Montreal, Maine and Atlantic Canada

  • Railway operating in Quebec.
  • Under bankruptcy protection since August.

CALL TO ACTION Monday, March 10, 7pm, Benicia Library

CALL TO ACTION COMMUNITY MEETING
Stop Valero Crude By Rail!
Monday, March 10, 7pm
Dona Benicia Room, Benicia Public Library

 FacebookStopCrudeByOil_cover(LGlogo)Benicia, CA – Benicia residents and business owners, along with concerned citizens of neighboring communities, have been following with growing alarm, the proposal of Benicia’s Valero Refinery to import dangerous crude oil by rail.  The public is invited t join with Benicians for a Safe and Healthy Community, at a community forum to learn more and raise concerns and questions.  Panel followed by Q&A.

Expert panel of speakers and co-sponsors – see below.
Optional: Sign up on Facebook here.
Help promote: download the flyer, print and distribute – thanks!

A panel of experts and activists will present their concerns:

  • Video: Marilaine Savard, spokesperson for a citizens’ group from Lac-Mégantic, Quebec.  In 2013, a string of exploding crude oil rail cars destroyed the center of town and claimed 47 lives.
  • Marilyn Bardet, Valero refinery watchdog, activist and founding member of Benicia Good Neighbor Steering Committee: “Where does Valero’s CBR Project Begin and End?”
  • Ed Ruszel, co-owner of Ruszel Woodworks, located right along the tracks in Benicia’s industrial park: “Impact to Local Business & Industrial Park”
  • Antonia Juhasz, oil industry analyst, journalist, and author of several books, including The Tyranny of Oil: “Crude by Rail 101”
  • Andrés Soto, Benicia resident, KPFA’s Morning Mix host and Communities for a Better      Environment Richmond organizer: “Local and Regional Impacts”
  • Diane Bailey, Senior Scientist with Natural Resources Defense Council: “Health and Community Impacts”
  • Damien Luzzo, Davis resident and CEO,  SaveWithSunlight, Inc.: “Valero’s impact on ‘uprail’ communities”

This meeting is open to the public.  Residents, business owners, City officials and the press are all welcome.  After the panel, a brief question and answer period will follow.

CO-SPONSORS:

Benicians for a Safe and Healthy Community, Benicia Good Neighbor Steering Committee, Natural Resources Defense Council, Communities for a Better Environment, Sunflower Alliance, 350 Bay Area, Pittsburg Defense Council, Pittsburg Ethics Council, Richmond Progressive Alliance, Gathering Tribes – Idle No More.

BACKGROUND:

For a detailed background on Valero’s proposal 2012-present, see https://beniciaindependent.com/?p=80 Also see http://www.ci.benicia.ca.us/index.asp?Type=B_BASIC&SEC={C45EA667-8D39-4B30-87EB-9110A2F9CE13}

MORE INFORMATION:

Benicians for a Safe and Healthy Community (SafeBenicia.org)
Facebook: Stop Crude By Rail (facebook.com/stopcrudebyrail)
The Benicia Independent (BeniciaIndependent.com)

CONTACT:

Andrés Soto, (707) 742-3597
info@SafeBenicia.com

Interview & photos: Marilaine Savard, from Lac-Mégantic, Quebec

17 minute interview of Marilaine Savard by Andrés Soto of KPFA Radio.  Dramatic photos.  Ms. Savard is the spokesperson for a citizens’ group in the region of Lac-Mégantic, Québec.  Last year, a string of exploding petroleum rail cars destroyed the center of the town and claimed 47 lives….

Ms. Savard’s visit with us here in the Bay Area was sponsored by:
SunflowerAlliance_logo

In partnership with: Sierra Club, 350 Bay Area, Communities for a Better Environment, Richmond Progressive Alliance, ForestEthics, Pittsburg Defense Council, Pittsburg Ethics Council, Benicians for a Safe and Healthy Community, and the Crockett-Rodeo-Hercules Working Group.