Category Archives: Explosion

California Attorney General Calls on Trump to Close Loophole that Exposes Communities to “Bomb Trains”

Press Release from California Attorney General Xavier Becerra
[Editor:  See also KQED California Report, “AG Becerra Wants Trump Administration to Make Crude-Carrying ‘Bomb Trains’ Safer”  Also, see the NRDC blog on this story.   And … sadly … see a similar story from December, 2015.  – RS]

Attorney General Becerra Calls on Trump to Close Loophole that Exposes Vulnerable California Communities to “Bomb Trains”

Thursday, May 25, 2017
Contact: (415) 703-5837, agpressoffice@doj.ca.gov
  • Without Action, California Could Be Exposed To Freight Trains Carrying Highly Flammable, Highly Explosive Crude Oil
  • San Bernardino-Riverside And San Luis Obispo Among Regions Bearing Greatest Potential Risks

SACRAMENTO – California Attorney General Xavier Becerra is urging the Trump Administration to immediately close a loophole to prevent highly flammable, highly explosive crude oil from being shipped by freight rail via so-called “bomb trains” through communities in California, including the highly populated San Bernardino-Riverside and San Luis Obispo regions. High hazard areas for derailments would exist along every freight rail route in California. Many of these areas are also adjacent to California’s most sensitive ecological areas.

“Millions of Californians live, work, and attend school within the vicinity of railroad train tracks,” said Attorney General Becerra. “A derailment or explosion in California could put countless lives at risk and cause major damage to our land and waterways. This risk is simply unacceptable. I urge the Trump Administration to act immediately.”

So-called “bomb trains” are responsible for several catastrophic rail accidents in recent years, including the 2013 explosion in Quebec that killed 47 people.

In comments submitted to federal regulators, Attorney General Becerra called for immediate action that would require all crude oil transported by rail in the U.S. achieve a vapor pressure of less than 9.0 pounds per square inch (psi). Vapor pressure is a key driver of the oil’s explosiveness and flammability. Attorney General Becerra joined attorneys general from Illinois, Maine, Maryland, New York and Washington in calling for this requirement.

The comments were filed in response to an Advanced Notice of Proposed Rulemaking (ANPRM) issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), which is part of the U.S. Department of Transportation.

Earlier this month, as part of his efforts to protect vulnerable California communities, Attorney General Becerra filed a lawsuit in federal court that seeks to protect state residents from dangerous pollution that results from coal mining. Coal mined on public lands is transported by train through California and exported from ports in Long Beach, Los Angeles, Richmond and Stockton — areas next to several vulnerable communities. The transport of coal in open-top rail cars, as well as its storage and handling at export terminals, emits dangerous pollution. These emissions can result in a wide variety of serious health problems, including asthma, bronchitis, cardio-vascular diseases and cancer.

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LA TIMES: Will San Luis Obispo County follow the lead of Benicia and ban oil trains, or capitulate to Phillips 66?

Repost from the Los Angeles Times
[Editor: This is an incredibly entertaining as well as informative article. Recommended reading!  – RS]

Will San Luis Obispo County follow the lead of Benicia and ban oil trains, or capitulate to Phillips 66?

By Robin Abcarian, September 24, 2016 2:25PM

latimes_abcarianThere were a couple of light moments Thursday at the San Luis Obispo County Planning Commission’s interminable, inconclusive public hearing about whether it should allow the fossil fuel giant Phillips 66 to send crude-oil trains across California to its Santa Maria Refinery.

A local named Gary, one of only four citizens to express support for the project, took the microphone and announced, “Anybody opposed to something because it’s dangerous is my definition of a coward.” As he walked away, the audience, packed with oil train opponents, howled.

“My name is Sherry Lewis,” said the next speaker, “and I come from Cowards Anonymous.”

After several hearings, reams of public comment and a few concessions by Phillips 66, commissioners were finally supposed to put the matter to a vote this week.

Would they approve the construction of a new rail spur and oil transfer operation that would give Phillips the ability to send three new crude-oil trains through California each week, or would they defy their staff, who recommended denial because the project would have significant negative effects, particularly to air quality and sensitive habitats?

Would they disregard their pleading constituents, and the letters that have poured in from cities, teachers and boards of supervisors from San Francisco to Los Angeles asking commissioners to deny the project because those mile-long oil trains bring increased risk to every California community along Union Pacific tracks?

(Not to belabor the point, but if you live, work or study within half a mile of those tracks, you’re in what is known, for emergency planning purposes, as the “blast zone.” Even the mayor of nearby Paso Robles, who has offered lukewarm support for the project, once referred to them as “bomb trains.”)

Last spring, three of five commissioners indicated they were leaning toward approval. But one of them, a local realtor named Jim Irving, now appears to be on the fence.

The regulatory issues around oil trains are complex and somewhat maddening. Local and state governments, for example, have no say over what is carried on railroad tracks, because the federal government regulates interstate commerce. Think of the chaos if individual cities tried to impose rules on railroads.

Even though cities and counties have no control over railroads, they still want assurances that tracks and bridges are safe for the heavy, mile-long trains that carry highly flammable crude oil. We all do, don’t we?

Thursday, Irving asked about the Stenner Creek Trestle, a picturesque, 85-foot-high steel railroad bridge just north of the Cal Poly San Luis Obispo campus that was built in 1894.

Could Union Pacific reassure the county that the bridge is sound enough to carry those heavy tanker cars? As recently as June, a slow-moving Union Pacific oil train derailed near an elementary school and a water treatment plant on the Columbia River Gorge in Mosier, Ore. That derailment has weighed heavily on people’s minds around here.

“We tried to request documentation from Union Pacific related to the stability of bridges,” county planner Ryan Hostetter told Irving, “and all we got was a form with a checked box that they had inspected.”

“That’s kind of appalling,” said Irving.

::

These are not idle questions, and they are being faced by communities all over the country.

As my colleague Ralph Vartabedian has reported, some of the nation’s top safety experts believe “the government has misjudged the risk posed by the growing number of crude-oil trains.”

The Mosier train derailment was caused by failing bolts that allowed the tracks to separate. This was particularly worrisome because the tracks had been inspected the previous week.

“For me, that was a game changer,” said Benicia City Councilwoman Christina Strawbridge. “I just don’t think the rail industry has caught up with safety standards.”

On Tuesday, Strawbridge and her colleagues on the Benicia City Council voted 5-0 to deny a project very much like the one under consideration in San Luis Obispo County. This one was proposed by energy behemoth Valero, which owns a refinery in Benicia.

Unlike Phillips’ Santa Maria Refinery, which employs only 120 people full time, Valero is Benicia’s largest employer. The refinery provides nearly 25% of the city’s annual $31 million budget. It has been a good neighbor, said Strawbridge, and charitable.

But she and her colleagues could not put their town at risk. After four years of debate, and a last-minute declaration by the federal Surface Transportation Board that oil companies cannot claim they are exempt from local regulations just because they use the railroads, the council said no to oil trains.

“I’ve gotten a lot of hugs on the street,” Strawbridge told me Friday.

They are well deserved.

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Next month, the San Luis Obispo Planning Commission is scheduled, finally, to vote on this thing. After that, the San Luis Obispo Board of Supervisors will weigh in.

The wild card seems to be the board’s one open seat, in District 1, which comprises towns in the more conservative north side of the county. That supervisor has often functioned as a swing vote on the board. Two conservatives are vying for the seat, the aforementioned mayor of Paso Robles, Steve Martin, and John Peschong, a well-known Republican operative whose firm, Meridian Pacific Inc., received $262,000 from Phillips 66 in 2015, according to the oil company’s website.

Maybe the leaders of San Luis Obispo County will look north to the tiny city of Benicia for inspiration. That town, after all, had far more at stake.

They have a chance to do the right thing, not just for their county, but for all of California.

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SAN FRANCISCO CHRONICLE: Benicia’s rejection of oil trains could reverberate across country

Repost from the San Francisco Chronicle

Benicia’s rejection of oil trains could reverberate across country

By Kurtis Alexander, 9/21/16 5:11pm
The Valero refinery is seen in the background behind signage for a railroad crossing on Wednesday, October 22, 2014 in Benicia, Calif. Photo: Lea Suzuki, The Chronicle
The Valero refinery is seen in the background behind signage for a railroad crossing on Wednesday, October 22, 2014 in Benicia, Calif. Photo: Lea Suzuki, The Chronicle

Benicia’s rejection of plans to bring trains filled with crude oil to Valero Corp.’s big refinery in the city was hailed Wednesday by critics of the country’s expanding oil-by-rail operations, who hope the flexing of local power will reverberate across the Bay Area and the nation.

Of particular interest to environmentalists and local opponents, who for years have argued that Valero’s proposal brought the danger of a catastrophic spill or fire, was a last-minute decision by U.S. officials that Benicia’s elected leaders — not the federal government — had the final say in the matter.

Word of that decision arrived just before the City Council, in a unanimous vote late Tuesday, dismissed Valero’s proposal for a new $70 million rail depot along the Carquinez Strait off Interstate 680. Valero had said the project would not only be safe but bring local jobs, tax revenue and lower gas prices.

“We’re pleased with the decision and the implications it will have across the country,” said Jackie Prange, a staff attorney for the Natural Resources Defense Council, one of several groups opposed to the project. “This issue is live in a number of sites across the country. This is definitely a decision that I think cities in other states will be looking to.”

As oil production has boomed across North America, so has the need to send crude via railroad. The uptick in tanker trains, though, has been accompanied by a spate of accidents in recent years, including a 2013 derailment in the Quebec town of Lac-Megantic in which a 72-car train exploded and killed more than 40 people.

The authority of communities to limit oil trains has been clouded by the assertion of some in the petroleum industry that local officials don’t have jurisdiction to get in the way. Companies like Valero have contended that railroad issues are matter of interstate commerce — and hence are the purview of the federal government.

Shortly before Tuesday’s meeting, however, Benicia officials received a letter from the U.S. Surface Transportation Board, which wrote that Valero, based in Texas, was not a railroad company and that the proposed rail terminal fell under city jurisdiction.

“It’s what I was waiting for to help me make my vote more defensible,” said Councilman Alan Schwartzman at the meeting.

Earlier this year, Valero had asked the Surface Transportation Board for “preemption” protection for the project after Benicia’s Planning Commission rejected the proposal. The plan proceeded to the City Council upon appeal.

The plan called for oil deliveries from up to two 50-car trains a day, many passing through several Northern California communities en route from the Bakken shale formation in North Dakota. Those trains would carry as many as 70,000 barrels of oil.

The company billed the project as a way to keep gasoline prices low in the absence of a major oil pipeline serving the West Coast. Crude is currently brought to the Bay Area mostly by boat or through smaller pipelines.

On Wednesday, Valero officials expressed frustration at the city’s decision.

“After nearly four years of review and analysis by independent experts and the city, we are disappointed that the City Council members have chosen to reject the crude by rail project,” spokeswoman Lillian Riojas wrote in an email. “At this time we are considering our options moving forward.”

The vote directly hit the city’s pocketbook. Nearly 25 percent of Benicia’s budget comes from taxes on the oil giant, and the city coffers stood to grow with more crude. The refinery employs about 500 people, according to city records.

But the city’s environmental study showed that oil trains presented a hazard. The document concluded that an accident was possible on the nearly 70 miles of track between Roseville (Placer County) and the refinery, though the likelihood was only one event every 111 years.

The document also suggested that much of the crude coming to the Bay Area from North Dakota, as well as from tar sands in Canada, was more flammable than most.

Several cities in the Bay Area and Sacramento area joined environmental groups in calling for rejection of the project.

“The council’s vote is a tremendous victory for the community and communities all throughout California,” said Ethan Buckner of the opposition group Stand, who was among more than 100 people who turned out for the council’s verdict. “At a time when oil consumption in California is going down, projects like this are unnecessary.”

At least two other plans are in the works for oil delivery by rail elsewhere in the region — in Richmond and Pittsburg. A handful of other proposals have been put forth in other parts of California, including the expansion of a rail spur at a Phillips 66 refinery in San Luis Obispo County, which is scheduled to be heard by the county planning board Thursday.

Prange, with the Natural Resources Defense Council, said this week’s finding by the Surface Transportation Board gives cities the confidence to reject the proposed oil trains, if they wish to do so.

“It reaffirms the power of local government to protect their citizens from these dangerous projects,” she said.

U.S. oil deliveries by rail have grown quickly, from 20 million barrels in 2010 to 323 million in 2015, according to government estimates. In response, federal transportation officials have worked to improve the safety of oil-carrying cars with new regulations.

But over the past year, rail deliveries nationwide have slowed, in part because of the stricter rules as well as local opposition, falling crude prices and new pipelines.

Critics have complained that the tightened rules have fallen short, pointing to incidents like a June train derailment in Mosier, Ore., which spilled hundreds of thousands of gallons of crude into the Columbia River. Leaders in Oregon are discussing a statewide ban on crude trains.

Kurtis Alexander is a San Francisco Chronicle staff writer.
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