Tag Archives: Riverkeeper

Environmentalists play ‘Whac-A-Mole’ to stall crude-by-rail projects

Repost from Environment & Energy Publishing (EEnews.net)

Environmentalists play ‘Whac-A-Mole’ to stall crude-by-rail projects

By Ellen M. Gilmer and Blake Sobczak, March 20, 2015
(Second of two stories. Read the first one here.) [Subscription required]

When an oil company’s expansion plans for Pacific Northwest crude by rail suffered a major setback last month, environmentalists spread the news just as quickly as they could Google “Skagit County Hearing Examiner.”

The little-known local office about an hour north of Seattle holds the keys to land use in the area, and environmental attorneys saw it as the best shot to stall a rail extension considered critical for the delivery of crude oil to a nearby Shell Oil Co. refinery, but potentially disastrous for nearby estuaries and communities.

The effort was successful: After environmental groups appealed a county-level permit for the rail project, Skagit County Hearing Examiner Wick Dufford sent the proposal back to the drawing board, ordering local officials to conduct an in-depth environmental impact statement to consider the broad effects of increased crude-by-rail throughout the county.

“The environmental review done in this case assumes that the whole big ball of federal, state and local regulations will somehow make the trains safe. And that if an accident happens, the response efforts described on paper will result in effective clean up, so that no significant adverse effects are experienced,” Dufford wrote. “There is no proven basis for such conclusions.”

The decision was an incremental but significant victory for environmental groups, sending a signal to industry that its increasing reliance on railed-in crude could face formidable hurdles.

Skagit County is just one piece of a larger plan to expand crude-by-rail across the country to better connect refineries and ports with prolific oil plays like North Dakota’s Bakken Shale. The use of rail to deliver crude oil has skyrocketed in recent years, rising from 9,500 tank cars of crude in 2008 to nearly 500,000 carloads in 2014, according to industry data. Projects in Washington and other refinery hubs aim to expand facilities and extend rail spurs to handle even more crude deliveries.

Shell spokesman Curtis Smith said the company is “confident that we can satisfy any remaining issues associated with the project” to add rail capacity to its Puget Sound Refinery in Skagit County.

“This project is critical to the refinery, the hundreds of employees and contractors who depend on Shell, and the regional economy,” he said. “We do not feel it should be held to a different standard than the crude-by-rail projects of the neighboring refineries that have been approved.”

Smith added that “we all share the top priority of safety.”

But the new reality of crude-by-rail traffic has environmentalists on edge. Oil train derailments in Illinois, West Virginia, North Dakota and other places have led to fires, spills and, in one case, lost lives. A 2013 crude-by-rail explosion in Lac-Mégantic, Quebec, killed 47 people, prompting regulators in the United States and Canada to review the inherently piecemeal rules governing crude-by-rail transportation.

The federal government has authority over certain details, such as standards for tank cars used to haul crude. But most expansion plans and related environmental concerns are left to local agencies situated along oil routes. The result is a hodgepodge of permitting decisions by local authorities following varying state laws, while a team of environmental lawyers challenges expansion projects one by one.

“It’s a little bit like Whac-A-Mole because there isn’t a big permitting scheme,” said Earthjustice attorney Kristen Boyles, who represented six environmental groups in the Skagit County appeal. “It makes it difficult and makes it frustrating for the public.”

State laws in play

So far, the Whac-A-Mole approach is working well for environmentalists.

After three oil refineries in Washington went unopposed in building facilities to receive rail shipments of crude oil, Boyles said environmentalists and community advocates began tracking local land-use agencies more closely.

Earthjustice and the Quinault Indian Nation successfully challenged two proposed crude projects in Grays Harbor County, southwest of Seattle, leading a review board to vacate permits and require additional environmental and public health studies. A third Grays Harbor project is also preparing a comprehensive environmental review.

The next project on environmentalists’ radar is in Vancouver, Wash., just across the Columbia River from Portland, Ore., where Savage Cos. and Tesoro Refining and Marketing Co. have proposed building a new terminal to transfer railed-in crude oil to marine tankers bound for West Coast refineries. The Sierra Club, ForestEthics and several other groups earlier this month moved to intervene in the state agency review process for the project, citing major threats to the Columbia River and public health.

The key to all of these challenges is Washington’s State Environmental Policy Act (SEPA). Similar to the National Environmental Policy Act, SEPA requires government agencies to conduct a broad environmental impact statement for any major actions that may significantly affect the environment.

For projects in Skagit County, Grays Harbor and now Vancouver, state and local officials considering challenges look to SEPA to determine how rigorous environmental review must be, based on whether projects are expected to have major impacts. To Dufford, the Skagit examiner, the answer is plain.

“Unquestionably, the potential magnitude and duration of environmental and human harm from oil train operations in Northwest Washington could be very great,” he wrote.

Down the coast in California, environmentalists have an even stronger tool: the California Environmental Quality Act. Considered the gold standard in state-level environmental protection laws, CEQA has already proved useful in halting a crude-by-rail expansion project in Sacramento.

In Kern County, a team of environmental attorneys is also relying on CEQA to appeal construction permits for the Bakersfield Crude Terminal, a project that would ultimately receive 200 tank cars of crude oil per day. The local air quality board labeled the construction permits as “ministerial,” bypassing CEQA review, which is required only for projects considered discretionary. A hearing is set for next month in Kern County Superior Court.

Earthjustice attorney Elizabeth Forsyth, who is representing environmental groups in the Bakersfield case, said the state environmental law has been powerful in slowing down the rapid rise of crude-by-rail operations.

“In California, we have CEQA, which is a strong tool,” she said. “You can’t hide from the law. You can’t site your project out in some town that you think won’t oppose you.”

Unified strategy?

Still, the one-at-a-time approach to opposing crude-by-rail growth is undoubtedly slow-going, and progress comes bit by bit.

Boyles noted that Earthjustice attorneys from Washington to New York frequently strategize to “unify” the issues and make broader advances. On tank cars, for example, environmental groups have come together to press the Department of Transportation to bolster safety rules.

“That at least is some place where you could get improvements that could affect every one of these proposals,” she said.

But for expansion projects, the effort must still be localized.

“You have this giant sudden growth of these sort of projects, and that’s the best we can do at this point to review each of them and comment,” said Forsyth, the California lawyer, who said the end goal is to empower local agencies to control whether proposals move forward and to mitigate the impacts when they do.

Though labor-intense, advocates say the approach has paid dividends. Projects that would have otherwise flown under the radar are now under rigorous review, and industry players no longer have the option of expanding facilities quietly and without public comment.

“If you hadn’t had these citizens challenging these projects,” Boyles said, “they’d be built already; they’d be operating already.”

The delays have set back refiners seeking to use rail to tap price-advantaged domestic crude — particularly in California.

“The West Coast is a very challenging environment,” noted Lane Riggs, executive vice president of refining operations at Valero Energy Corp., which has faced staunch environmentalist opposition at a proposed oil-by-rail terminal in Benicia.

Riggs said in a January conference call that “we’re still pretty optimistic we’ll get the permit” for the 70,000-barrels-per-day unloading terminal at its refinery there, although he added that “timing at this point is a little bit difficult.”

Facing pressure from concerned locals and the Natural Resources Defense Council, Benicia officials last month opted to require updates to the rail project’s draft environmental impact review, further delaying a project that was originally scheduled to come online in 2013.

A Phillips 66 crude-by-rail proposal in San Luis Obispo County, Calif., has encountered similar pushback. If approved, the project would add five 80-car oil trains per week to the region’s track network. The potential for more crude-by-rail shipments has drawn opposition from several local city councils and regional politicians, despite Phillips 66’s pledge to use only newer-model tank cars (EnergyWire, Jan. 27).

Some town leaders have also separately taken action against railroads bringing oil traffic through their neighborhoods, although federally pre-emptive laws leave cities vulnerable to legal challenges (EnergyWire, March 19).

‘Business as usual’

Local, often environmentalist-driven opposition is seen as “business as usual” within the refining industry, according to Charles Drevna, president of the American Fuel and Petrochemical Manufacturers.

“This is just another extension of the environmental playbook to try to obfuscate and delay,” said Drevna, whose trade group represents the largest U.S. refiners. “We’ve been dealing with that for years, and we’re going to continue to be dealing with it.”

While Drevna said he doesn’t see lawsuits “holding up any of the plans” for refiners to improve access to North American oil production, environmentalists chalk up each slowdown to a victory.

In New York, a plan to expand a key crude-by-rail conduit to East Coast refiners has been held in limbo for over a year at the Port of Albany, owing to an environmentalist lawsuit and closer public scrutiny.

The proposal by fuel logistics firm Global Partners LP would have added a boiler room to an existing facility to process heavier crude from Canada. But advocacy groups including Riverkeeper have challenged the company’s operating air permit, calling for more review by New York’s Department of Environmental Conservation (EnergyWire, Jan. 13, 2014).

“All of the actions we’ve taken with Earthjustice and others have really ground to a halt DEC’s repeated approvals of these minor modifications,” said Kate Hudson, watershed program director for Riverkeeper. “We have not seen tar sands. … The river has been spared that threat for a year-plus, at this point.

“We certainly have no regrets,” she said.

Map shows 100 schools along crude oil train tracks

Repost from WestfairOnline, White Plains, NY

Map shows 100 schools along crude oil train tracks

By: Mark Lungariello, December 01, 2014

On July 6, 2013, a train hauling more than 70 cars filled with volatile crude oil derailed in Quebec, Canada, after its engine caught fire and power to its air brakes was cut. Several DOT-111 oil tankers filled with crude mined from South Dakota’s Bakken Shale ignited, spilling oil and sending a fireball into the sky of the town of Lac-Mégantic that destroyed 30 buildings, according to reports.

Forty-seven people died. Several thousand more were evacuated while oil seeped into the soil and local waterways. The Quebec derailment and several other disasters have brought increased scrutiny on the transportation of crude oil by rail as the amount of oil mined domestically continues to multiply.

A map of schools in the Hudson Valley within a mile of crude oil train lines. (Click to go to interactive map page.)
A map of schools in the Hudson Valley within a mile of crude oil train lines. (Click to go to interactive map page.)

New maps from state environmental groups show there are more than 100 public and private K-12 schools within a mile of train lines used to transport crude oil through the region. Albany-based Healthy School Networks released the maps last month in partnership with a coalition of environmental and education activists.

“They are crossing from Buffalo through Rochester and from the upper reaches of Lake Champlain and the Adirondacks to the Port of Albany, then down along the Hudson River,” Claire Barnett, executive director of Healthy Schools Network, said. “A catastrophic event, should it happen near an occupied school, could devastate a community for a generation or more.”

From 15 to 30 trains carrying crude out of South Dakota travel through the Hudson Valley region each week. Each train can haul dozens or as many as 100 oil cars, each that carry tens of thousands of gallons of the Bakken crude, which experts say is more volatile and unstable than other forms of oil. Oil is also transported by barge on waterways through the region and plans are in the gestation phase to begin transporting other types of crude through the area by rail as well.

The maps also included BOCES schools. Statewide, the maps identified 351 schools within one mile of train lines. In Monroe County alone, in the Rochester area, 63 schools were within the one-mile zone.

Environmental group Riverkeeper prepared an additional several maps depicting the potential impact area of local crude oil accidents based on the 300-yard blast radius and 1,100-yard evacuation zone from the Quebec derailment and a Casselton, N.D., derailment that spilled more than 400,000 gallons of crude.

“Based on the human consequences of these two accidents, it is clear that communities on both sides of the Hudson River could be impacted by a crude oil rail disaster,” said Kate Hudson, Riverkeeper’s Watershed Program director.

A CSX Corp. rail line runs from Albany to the state’s border with New Jersey. Land trust organization Scenic Hudson said that 47.7 miles of that track are within yards of the Hudson River. The group estimates the risk area in the event of a derailment would be more than 200,000 acres and include 100,000 households and six drinking water intakes.

The U.S. Department of Transportation Emergency Response Guidebook recommends a half-mile evacuation zone for accidents involving rail cars with flammable liquids and a mile zone around any rail car filled with those materials if they are on fire.

Environmental groups are calling for state and federal government reforms. These include asking government officials to provide emergency planning aid to schools, reduce speed limits for crude oil trains and impose stricter regulations and inspections for deteriorating DOT-111 tankers. The U.S. Department of Transportation is considering stricter regulations of the cars, but environmental groups have said the proposed laws don’t go far enough.

The state has increased its inspection of cars in response to recent derailments, but oil industry experts look to continue to expand their processing capacities as the amount of crude mined through hydraulic fracturing surges. The amount of Bakken moving through the U.S. has risen from 9,500 rail carloads in 2008 to 415,000 rail carloads in 2013, according to the Department of Transportation.

Petition Seeks to Limit Length, Weight of Oil and Hazardous Material Trains to Prevent More Derailments

Repost from The Center For Biological Diversity
[Editor: Download the 11-page petition here.  – RS]

Center for Biological Diversity

For Immediate Release, November 25, 2014
Contact: Jared Margolis, Center for Biological Diversity, (971) 717-6404, JMargolis@biologicaldiversity.org
Leah Rae, Riverkeeper, (914) 478-4501 x 238, LRae@riverkeeper.org

  Petition Seeks to Limit Length, Weight of Oil and
Hazardous Material Trains to Prevent More Derailments

Existing Federal Proposals Fail to Sufficiently Protect Public, Environment From “Bomb Trains”

PORTLAND, Ore.— In the face of a dramatic rise in trains carrying explosive crude oil and derailing in a series of devastating accidents, the Center for Biological Diversity and Riverkeeper, Inc. today petitioned the Obama administration to protect the public and environment by significantly reducing the risk of oil train derailments by limiting the length and weight of trains hauling oil and other hazardous liquids.

Federal regulators have acknowledged that the weight and length of oil trains has contributed to derailments and spills in recent years, and that, in all cases, the size of a train compounds the potential significance of a disaster. But agencies have not proposed any solutions to address this concern. In fact the latest federal proposal aimed at improving tanker car safety admits the rule could result in longer, heavier trains.

“One of the quickest ways to make these oil trains safer is limiting how much of this volatile crude oil they can carry,” said Jared Margolis, an attorney at the Center who focuses on the impacts of energy development on endangered species. “The government has acknowledged the dangers of these massive trains — now it needs to take action to protect people and wildlife from spills and derailments.”

Today’s petition calls for oil trains to be limited to 4,000 tons, which is the weight the American Association of Railroads has determined to be a “no problem” train, meaning there would be significantly less risk of derailment. This would limit oil trains to 30 cars. Most oil trains today include about 100 cars — well beyond what the industry has determined to be truly safe.

“Federal regulators have admitted these oil trains pose a significant risk to life, property and the environment, and granting our petition would significantly reduce those risks,” said Phillip Musegaas, Hudson River Program Director for Riverkeeper. “The government, to date, has left the lid off this explosive industry — setting a cap on train length and weight is a necessary, logical, safety step that is one of the simplest ways to reduce the risks that our communities, first responders and ecosystems are confronted with on a daily basis.”

Oil transport, especially by rail, has dramatically increased in recent years, growing from virtually nothing in 2008 to more than 400,000 rail cars of oil in 2013. Billions of gallons of oil pass through towns and cities ill equipped to respond to the kinds of explosions and spills that have been occurring. A series of fiery oil-train derailments in the United States and Canada has resulted in life-threatening explosions and hundreds of thousands of gallons of crude oil being spilled into waterways.

The worst was a derailment in Quebec that killed 47 people, forced the evacuation of 2,000 people, and incinerated portions of a popular tourist town. The most recent explosive derailment occurred in April in downtown Lynchburg, Va., resulting in crude oil leaking out of punctured tank cars, setting the James River on fire and putting habitat and drinking water supplies at risk.

Without regulations that will effectively prevent derailments, oil trains will continue to threaten people, drinking water supplies and wildlife, including endangered species.

“This petition directly tackles one of the root causes of these dangerous, unnecessary oil train derailments,” said Margolis. “We’ll continue to push regulators until they step up and ensure the safety of people, wildlife and the environment we all share.”

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 800,000 members and online activists dedicated to the protection of endangered species and wild places.

Riverkeeper is a member-supported environmental watchdog organization dedicated to defending the Hudson River and its tributaries and to protecting the drinking water supply of nine million New York City and Hudson Valley residents.

What it’s like to live 50 feet from the oil-train tracks

Repost from WAVY-TV, Portsmouth, VA
[Editor: An excellent news video report.  Apologies for the commercial ad.  – RS]

The risk rolling on Hampton Roads rails

By Chris Horne, November 24, 2014


NEWPORT NEWS, Va. (WAVY) – The mother of 21-month-old Lily Murphy is concerned about her daughter’s safety whenever she plays in their back yard. That’s because CSX trains pass about fifty feet from their back fence, as often as five times a week.

“Nothing like that ever even crossed my mind that it could be carrying hazardous, dangerous material so it’s good that you brought that to light,” said mother Christina Murphy.

The trains haul Bakken crude oil from North Dakota to Yorktown. It was a Bakken train derailment that caused a fatal inferno last year in Lac Megantic, Quebec, when nearly fifty people were killed in the explosion and fire. Another Bakken train derailed in Lynchburg last April and caused a major fire along the James River — that train was headed for Yorktown.

Photos: Train catches fire, derails in Lynchburg

Pat Calvert is a river keeper for the James River Association. His Lynchburg office is within a block of where the Lynchburg derailment occurred.

“Today, that same risk that existed on April 30, over six months later, is right here along the James River,” Calvert said. “That’s our concern: that we need to ensure that this doesn’t happen again.”

Experts say Bakken is more flammable than other types of crude oil.

“A lot of people think about the Beverly Hillbillies and the bubbling crude oil, it’s not that kind of crude oil,” said Gregory Britt, director of the Technological Hazards Division of the Virginia Department of Emergency Management. “It’s probably a lot closer to gasoline, as far as the flammability.”

CSX filed paperwork with the Commonwealth detailing the shipments. The railroad confirmed to 10 On Your Side it runs two to five Bakken oil trains a week across Virginia. Each train is about a hundred cars in length, with a total payload of about three million gallons of oil.

Document: Paperwork filed by CSX

The route includes Richmond and eventually passes through Williamsburg, Newport News and York County.

“It’s highly volatile, with a low flash point, and it’s going right through highly populated areas,” Calvert said. “People don’t realize this is happening every day.”

What makes the shipments even more dangerous is the design of many of the older tank cars that haul it. Federal regulators, railroads and rail car makers agree the older cars, known as legacy DOT 111s, need safety upgrades. This specific aspect of rail transportation is regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA). It’s up to PHMSA to create the rules for the modifications. PHMSA is part of the U.S. Department of Transportation.

Document: PHMSA’s proposed rule for flammable trains

“My industry likes the certainty of rule-making and has urged the Department of Transportation to move quickly on issuing a final rule,” said Tom Simpson, president of the Railway Supply Institute, the trade association that represents firms that make and service railroad tank cars.

CSX supports the safety modifications as well.

“The railroad industry supports to improve the tank car standards, to make sure that we’re moving the safest cars that we possibly can,” said CSX vice president Bryan Rhode, whose region includes Virginia.

PHMSA told WAVY News in an email that it is currently evaluating nearly 4,000 comments regarding safety upgrades for the older tank cars. A spokesman said the agency has a target date of March 31, 2015 to determine what upgrades are needed and make them mandatory.

Related link: Public comments regarding safety upgrades

Among several options, PHMSA is considering an extra jacket surrounding the cars to create a double wall, and protective guards on the top, ends and bottom. The measures would help prevent against ruptures and oil spillage.

The Quebec derailment involved about 1.3 million gallons of Bakken crude oil; the Lynchburg train leaked about 29,000 gallons.

“Lynchburg contributed to the larger discussion, nationally, about how we enhance safety for these types of trains,” Rhode said of CSX.

According to data from the US Department of Transportation, the amount of Bakken crude transported by rail has soared in recent years. In 2008, railroads hauled about 9,500 carloads. By 2013, the amount was 415,000 carloads, a 43-fold increase.

VDEM holds ongoing training for first responders to handle a potential incident involving Bakken crude.

“If there’s an event dealing with a spill, they should be able to dam it, dike it, they should be able to hold it in place for further assistance,” said Britt, who runs the training at key locations, including the York County safety services complex on Back Creek Road. “Then specialists can come in and environmental companies can clean it up.”

Christina Murphy hopes that training never has to be utilized, as she enjoys time in her yard with Lily in Newport News.

“I guess we should think about what we would do here, if something like that would happen, that’s pretty scary,” she said.