Tag Archives: Virginia

1.4M at risk in Ohio for crude-oil derailment

Repost from Vindi.com, Youngstown OH
[Editor:  Quoting Ed Greenberg, spokesperson for the Association of American Railroads: “We believe that every tank car moving crude oil today should be phased out or built to a higher standard.”   – RS]

1.4M at risk in Ohio for crude-oil derailment, study finds

March 30, 2015 @ 12:05 a.m.

Almost 1.4 million Ohioans live within a half-mile of railroad lines where some of the most-volatile crude oil in North America rolls by each week, a Columbus Dispatch analysis has found.

Those people, about 12 percent of the state’s population, are at risk of being forced from their homes should a train hauling crude oil from the Bakken shale fields of North Dakota run off the tracks.

Most trains that transport crude oil stay on their tracks, but derailments can be catastrophic.

A Bakken train that derailed in 2013 burst into flames, killing 47 people and destroying most of downtown Lac- Megantic, Quebec. Trains have wrecked in Ontario, as well as in Alabama, Illinois, Minnesota, North Dakota, Pennsylvania and Virginia, sending trains up in flames, prompting mass evacuations and, in some cases, obliterating homes.

A Bakken train derailed in West Virginia last month, forcing hundreds of people to evacuate their homes and spilling oil into the Kanawha River.

Teresa Mills, program director of the Buckeye Forest Council, said that both rail officials and the oil and gas industry should do more to keep people safe.

“Before they leave the fields, before they pump that oil into a train, they should be required to make that oil less explosive,” Mills said. “And if they can’t transport it without its being so explosive — if the Bakken is so volatile that it can’t be transported without being explosive — then they should leave it in the ground.”

The Bakken shale field stretches over northwestern North Dakota and into Montana and produces some of the most-desirable crude oil in the United States. It’s often less expensive than imported crude. It also requires less refining than other shale oils to be turned into diesel fuel or gasoline.

But the same things that make Bakken crude such a good fuel source also make it highly flammable.

Ohio, with its more than 5,300 miles of tracks, is a key junction between the Bakken region and East Coast oil refineries.

Millions of gallons of Bakken crude come through Ohio each week on trains, according to the reports that railroad companies submit to the state. Those reports show that from 45 million to 137 million gallons of Bakken are moving on Ohio’s railroad tracks every week.

That volume, combined with high-profile derailments, has prompted federal regulators, lawmakers, industrial lobbying groups and environmental nonprofit organizations to pay closer attention to how oil moves on rail lines throughout the country.

“If it could happen in these other places. It could surely happen right here in Ohio,” said Melanie Houston, director of water policy and environmental health for the Ohio Environmental Council, an environmental advocacy group. “It could happen in a rural area, but it could also happen in a highly populated metropolitan area like Columbus.”

The U.S. Department of Transportation estimates that trains carrying crude oil or ethanol will derail an average of 10 times a year for the next 20 years. Property damage could top $4 billion, the DOT analysis, completed last summer, found.

The department is preparing new rules on how crude oil is transported on tracks throughout the country. Last year, railroad companies voluntarily agreed to limit oil-train speeds to 40 mph in cities.

Ed Greenberg, a spokesman for the Association of American Railroads, a trade group that represents railroad companies, said that organization has lobbied for tougher restrictions on the tanker cars that carry crude oil.

“We believe that every tank car moving crude oil today should be phased out or built to a higher standard,” Greenberg said.

But keeping people along crude-oil shipping lines safe will take a comprehensive approach, said Tom Simpson, president of the Railway Supply Institute, which represents tank-car owners and manufacturers.

“The tank car is not the silver bullet. You cannot really design a tank car to withstand the derailment forces in a derailment, and so you can’t get the risk down to zero,” Simpson said. “You’ve got to look at the other factors, and that includes derailment prevention and ensuring [that] the materials have the proper packaging, and also educating the emergency-response personnel in the cities and villages along the right of way.”

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.

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

Repost from The PJ Tatler

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

By Bridget Johnson, March 9, 2015 – 2:50 pm

Wisconsin Democrats are urging President Obama to explore using his executive authority to take “immediate” action against “dangerous” trains transporting oil from hugely successful production areas in North Dakota.

Sen. Tammy Baldwin (D-Wis.) and Rep. Ron Kind (D-Wis.) noted that the Obama administration missed a Jan. 15 deadline to release final Department of Transportation and the Pipeline and Hazardous Materials Safety Administration rules on oil train accidents.

“We write to you today with deep concerns about the risk that trains carrying crude oil continue to pose to our constituents.  Oil train accidents are increasing at an alarming rate as a result of the increased oil production from the Bakken formation in North Dakota. Congress has provided additional funding to study safer tank cars, hire more track inspectors, and repair rail infrastructure. We urge your Administration to use this funding, along with its regulatory powers, to improve oil train safety as quickly as possible,” Baldwin and Kind wrote to Obama today.

“…It is time for you to take immediate action and we request that your Administration issue final rules without further delay. We believe that recent accidents make clear the need for rules stronger than those originally proposed.”

Baldwin and Kind said that the primary risk is crumbling rail infrastructure, including not enough Federal Railroad Administration inspections and old bridges.

“The danger facing Wisconsin communities located near rail lanes has materialized quickly. Just a few years ago, an oil train in the state was a rare sight. Today, more than 40 oil trains a week pass through Wisconsin cities and towns, many more than 100 tank cars long,” the lawmakers wrote. “It is clear that the increase in oil moving on the rails has corresponded with an uptick in oil train derailments. In addition to the derailment in Illinois on Thursday March 5, 2015, there have been derailments in North Dakota, Virginia, Alabama, West Virginia, and a fatal explosion in Lac-Megantic, Quebec.”

“These catastrophes have illuminated the many areas ripe for improvement, as well as additional measures needed to be taken in order to ensure safety when transporting crude oil by train.”

They want new regulations for the stabilization of oil to make crude “less likely to ignite,” new safety requirements for tank cars, new speed limits for oil trains, and “increased transparency” about oil shipments as “it is also important that our communities are aware of what is being shipped in their backyard.”

Supporters of the Keystone XL pipeline have noted the need for a comprehensive energy infrastructure that involves rail and roads, though Baldwin voted against the pipeline in January.

Baldwin sought amendments requiring that tar sands producers pay into the Oil Spill Liability Trust Fund, and guarantees that American consumers get the Keystone oil before foreign export markets.

“Working with Canada we can achieve true North American energy security and also help our allies,” sponsor Sen. John Hoeven (R-N.D.) said then. “For us to continue to produce more energy and compete in the global market we need more pipelines to move crude at the lowest cost and in the safest and most environmentally friendly way. That means that pipelines like the Keystone XL are in the vital national interest of our country.”

REUTERS: CSX plans to bypass crude train derailment site

Repost from Reuters
[Editor:  Gee, this is great news for devastated and shaken residents of Fayette County, West Virginia … but, well, just exactly whose communities will now be visited by the bomb trains that used to run through Fayette County?  – RS]

CSX plans to bypass crude train derailment site: state officials

By Jarrett Renshaw, Thu Feb 19, 2015 1:51pm EST
Firefighters inspect derailed train cars after CSX Corp train derailed in Mount Carbon, West Virginia pictured across the Kanawha River in Boomer, West Virginia February 16, 2015. REUTERS/Marcus Constantino
Firefighters inspect derailed train cars after CSX Corp train derailed in Mount Carbon, West Virginia pictured across the Kanawha River in Boomer, West Virginia February 16, 2015. Credit: Reuters/Marcus Constantino

(Reuters) – CSX has notified state officials of its plans to bypass the scene of a crude train derailment and continue delivering oil to a terminal on the Virginia coast, emergency management officials from Virginia and West Virginia said Wednesday.

A train carrying North Dakota crude to an oil depot in Yorktown, Virginia, derailed on Monday in a small town 33 miles southeast of Charleston, causing 20 tank cars to catch fire. As of Wednesday afternoon, there were still small fires at the scene.

Early last year, the Obama administration ordered all rail operators to disclose their crude routes to local and state emergency management officials. The companies must also report any changes.

“All appropriate state notifications are complete for re-routing of oil shipments that would typically use that line. Those shipments will use a combination of CSX and other railroads to reach eastern Virginia destinations,” CSX spokesman Gary Sease said in an email Thursday.

CSX has notified West Virginia and Virginia officials of its plans to use other rail lines to deliver crude oil, state officials confirmed. Part of the plan is to use a Norfolk Southern line, West Virginia officials said.

States have taken differing approaches to releasing the routes to the public. Some see a risk of attacks or sabotage if routes are disclosed and say it is confidential company information. Others regard it as the public’s right to know. West Virginia refuses to disclose the routes, while Virginia does.

“That’s the best legal advice we have. It’s proprietary information, said Chris Stadelman, a spokesman for West Virginia Gov. Earl Ray Tomblin, a Democrat.

In the past, Virginia has released the details, and a state official was determining whether to release the changes.

(Reporting By Jarrett Renshaw; editing by Andrew Hay)