Category Archives: Local Regulation

Expert analysis: SoCal refinery plans for crude oil trains to pass over the Benicia railroad bridge

By Roger Straw, BenIndy Editor
With expert analysis by Dr. Phyllis Fox

martinezrailbridge350
Union Pacific Railroad bridge, the first bridge at this location, built between April 1929 and October 1930 by Southern Pacific. It is used by Union Pacific and BNSF (trackage rights) freight trains and 36 scheduled Amtrak passenger trains each weekday. Passenger trains include the long-distance trains California Zephyr and Coast Starlight and short-haul Capitol Corridor trains….It is the second-longest railway bridge in North America, and the longest railway bridge west of the Mississippi River. [Wikipedia]
On March 21, The Benicia Independent posted news that Berkeley Vice Mayor Linda Maio would approach the Berkeley City Council with a resolution “Opposing transportation of hazardous materials along California waterways through densely populated areas, through the East Bay, and Berkeley.”  The resolution was passed unanimously on March 25, 2014.

In her background materials and in the resolution, Vice Mayor Maio made the extraordinary claim that Phillips 66 was seeking a permit to ship extreme crudes by rail from “Donner Pass, through Auburn, Rocklin, and Roseville, proceed along the Sacramento River through Sacramento and Davis to Benicia and along the San Francisco Bay through Martinez, Richmond, Berkeley, Emeryville, and Oakland.  From Oakland the trains would use the Coast Line via Hayward, Santa Clara, San José, Salinas and continue along the Pacific Coast into San Luis Obispo County.”

Railroads are notably secretive about routing of hazardous materials, so I asked Maio to clarify exactly how she determined that these crude oil trains would pass through Benicia and across the 85-year-old Benicia rail bridge (built in 1929) to Martinez, along the Carquinez Strait and down through the East Bay.

Vice Mayor Maio asked her “subject matter expert,” Dr. Phyllis Fox, to be in touch, and below is her detailed and I think rather conclusive explanation.  It looks like Benicians are facing not only the offloading of 100 train cars of crude each day, but another 100 cars passing through on tracks shared by Amtrak.The following is by Phyllis Fox, Ph.D, PE, BCEE, QEP, Environmental Management, Rockledge, Florida:

I’m the subject matter expert that ferreted out the route of the Santa Maria trains for the CBR Berkeley Resolution.

I reviewed the full DEIR for the Santa Maria Rail Spur Project for the Sierra Club. The DEIR (and my comments) are at: http://www.slocounty.ca.gov/planning/environmental/EnvironmentalNotices/railproject.htm

The DEIR fails to disclose the route the trains will take from their entrance to California to San Jose, a fundamental flaw in the DEIR. However, there are important clues.

First, the DEIR on p. 4.12-7 suggests the Mulford line out of Oakland to Santa Clara would be used. The only way to get to Oakland is through Richmond and Berkeley.

Second, on p. 4.12-22, the DEIR notes “However, north of San Jose through the Bay area there are areas of multiple mainline tracks, and a large number of commuter trains. Therefore, it is unclear how much the crude oil unit train would overlap with the Coast Starlight. Given this uncertainty, the EIR has limited the analysis to the Coast Line.” (e.g., the DEIR only discusses the route from San Jose to Santa Maria, leaving the reader to guess which East Bay cities will be affected.) The implication is that any route with capacity is fair game.

Third, throughout the DEIR, interference between “commuter” trains and the crude unit trains is discussed. See, e.g., Sec. 4.12. The Union Pacific Coast Starlight line is apparently a key option. Figure 4.12-3 shows it passes through Richmond, Berkeley, Oakland, and down the East Bay.

Fourth, finding no clear statement in the DEIR as to the East Bay route, I did an exhaustive survey of railroad maps. This work indicates that rail lines go either: (1) down the Central Valley, roughly parallel to I-5, or through Benicia, Richmond, Berkeley, Oakland, and down the East Bay. There is no connection between these two routes except for the Altamont Corridor Express or ACE commuter line from Stockton, over the Altamont Pass into Livermore, Pleasanton, and Fremont. See: http://en.wikipedia.org/wiki/Altamont_Corridor_Express.  The ACE line would be an unlikely choice given the challenges posed by the Altamont Pass in handling unit trains with 80+ cars weighing up to 18,000 tons that are a mile long. The line has significant operating limitations including limited capacity, single track for much of the route, slow average operating speeds, and service limitations. Further, the line alarmingly, passes through the Niles Canyon, which also contains the Hetch Hetchy Aqueduct, carrying the water supply for San Francisco. The DEIR is silent on the ACE line. Thus, the only route that appears viable, coming from northern California, is through Sacramento (Roseville), the refinery towns and into Berkeley, Oakland etc. The most likely route is from the northern part of CA, as both Bakken crude and tar sands crude come from the far north and will most likely be sent first west into WA or OR into northern California or through Reno.

Finally, the DEIR suggests Union Pacific would be the carrier and it includes a map of the UP rail lines in CA. This map is on p. 4.12-7. It shows what I describe above in item #4, two parallel rail lines with the only connections leading into the East Bay through Benicia, or out of Stockton over the Altamont Pass. See also the UP Gross Weight Map: http://www.up.com/cs/groups/public/@uprr/documents/up_pdf_nativedocs/pdf_gross_weight_full_up_maps.pdf

There are no other connecting rail lines between the Central Valley route and the East Bay. Thus, by process of elimination, I (and others who did similar analyses) concluded the most likely route is through the East Bay.

Regardless, the DEIR does not restrict the route. Thus, any route can be used, so the East Bay cannot be eliminated.

Phyllis Fox, Ph.D., PE

Valero fined $183,000 for 2010 incidents

Repost from The Contra Costa Times
[Editor: These fines are for violations in 2010.  In October of 2013, Valero agreed to pay $300,300 in fines for violations occurring in 2011 and 2012 (see SFGate story, Benicia Herald story).  At that time, Mayor Patterson and I asked the Bay Area Air Quality Management District (independently) to consider making the fines available to the local setting where the violations occurred, a practice not without precedent.  I never a definitive answer on my request from Eric Stevenson, the District’s Director of Technical  Serevices.  He did inform me in November 2013 that the District had scheduled a meeting with Mayor Patterson to discuss this request.  I wonder what happened?  It makes sense to me that the City of Benicia could finance better air monitoring using these funds.  – RS]

Benicia refinery hit with $183,000 fine for air quality violations

(Vallejo) Times-Herald   03/28/2014 04:56:30 PM PDT

BENICIA — Valero has agreed to pay $183,000 to settle air quality violations at its Benicia refinery, the Bay Area Air Quality Management District announced Friday.

The civil penalty covers seven notices of violation that the air district issued to Valero in 2011 for incidents that occurred in 2010, according to an air district news release.

The violations were related to a December 2010 upset of Valero’s fluid catalytic cracking unit, which converts heavy gas oils into gasoline and other lighter compounds. The upset resulted in intermittent violations of opacity and particulate standards at Valero’s main stack over a 10-day period, as well as violations of carbon monoxide and sulfur standards at other affected equipment, the district said.

All settlement funds will be used to fund air district activities such as the inspection and enforcement activities that led to the settlement.

Nat’l Ass’n of Railroad Passengers: oil trains blocking Amtrak trains

Repost from The Hill
[Editor:  This January post shows what can happen when local officials and companies like Valero have no control over railroad companies’ shipping schedules.  – RS]

Oil shipments blocking Amtrak trains

By Keith Laing, January 29, 2014

Freight trains carrying crude oil shipments are blocking Amtrak trains in the northwest United States, according to complaints from the National Association of Railroad Passengers (NARP).

The passenger railway advocacy group wrote in a letter to Transportation Secretary Anthony Foxx that oil-by-rail shipments are blocking trains on Amtrak’s Empire Builder route, which runs from Chicago to Portland and Seattle.

Crude oil train shipments have come under fire after a series of derailments. The railroad passenger association said trains that stay on the tracks are also causing problems for Amtrak passengers.

“Delays of up to eight to ten hours have plagued the Empire Builder, inflicting extreme inconvenience—often at considerable personal expense—to literally thousands of Amtrak passengers and their families,” NARP President Ross Capon wrote to Foxx.

“While severe weather has played a contributing factor, the delays are in large part due to the logjam of rail congestion caused by hundreds of additional freight trains transporting crude oil extracted in North Dakota to refineries in other parts of the U.S.,” Capon continued.

Capon said NARP “recognizes the key role that America’s freight railroads play in fueling economic activity in the U.S.”

But he said that Amtrak and the freight rail company that operates the tracks the Empire Builder line runs on should be able to work out a better scheduling agreement.

“Amtrak and host railroad BNSF Railway Company must come together to ensure that the Empire Builder’s passengers have continued access to adequate, reliable public transportation,” he said. “The Empire Builder serves communities in Illinois, Wisconsin, Minnesota, North Dakota, Montana, Idaho, Washington State, and Oregon, with some 18.8 million people living within 25 miles of an Empire Builder station. The train acts as a vital transportation link for hundreds of rural communities to essential services in urban population centers.”

Supporters of the Keystone XL pipeline have said there would be less crude oil shipment by rail if the controversial project was allowed to be built. The Obama administration has resisted calls for constructing the pipeline, citing environmental concerns, even as it plans to ramp up its regulation of oil trains.

Capon said it was particularly important for officials to figure out a way to make service reliable on Amtrak’s northwest line because it travels through several smaller states that have sparse air service.

“Amtrak’s Empire Builder carried 536,400 passengers in fiscal year 2013 along a 2,256 mile corridor that has little in the way of transportation alternatives, and regularly experiences extreme winter weather conditions that close down airports and road networks,” he said. “Without a fully functioning rail service, many of these Americans will be effectively stranded.”

Amtrak spokesman Marc Magliari told The Hill that the company is dealing with the oil train-induced delays by shipping stations in Grand Forks, Devil Lake, Rugby, N.D. to make up time on its overnight cross country trip.

Magliari said Amtrak was negotiating with BNSF Railway for an equitable solution.

“We met two weeks ago with BNSF,” he said. “This dates back well before current winter weather blast. They told us they are making capacity improvements, but we should not expect to see an improvement in how our trains managed with their tracks until later this year.”

Magliari said the detours around trains that are carrying crude oil “requires passengers to disembark in Fargo, N.D. at 3:35 a.m. to get on chartered buses to take them to the three missing stops.

“We’re going to keep working with BNSF to try to mitigate these delays and inform our passengers what’s going on, but we’re concerned about this for our passengers and for our business,” he said. “This is our most popular, by ridership, overnight route in the country. It’s going to celebrate 85th anniversary later this month.”

Amtrak acquired the Empire Builder route from a private rail company when it was created by Congress in 1971.

A BNSF spokeswoman told the Grand Forks Herald newspaper that it was “working” with Amtrak to find a solution to the delays.

The company blamed the train backup on winter weather in the midwest U.S.

“BNSF service is being impacted by extreme cold and winter weather conditions across the Midwest,” BNSF spokeswoman Amy McBeth told the North Dakota paper.

“The extreme cold and snow are presenting significant operating challenges for our operations,” McBeth continued. “To recover, we are operating our westbound trains on our route through New Rockford and eastbound traffic through our Devils Lake route. We will continue working with Amtrak as our network recovers.”

Richmond City Council calls for ban on Bakken crude by rail

Repost from The Contra Costa Times
[Editor’s note: See Contra Costa County Supervisor John Gioia’s letter to Richmond Mayor/City Council here. – RS]

Richmond calls on Congress to halt crude oil transport through Bay Area

By Robert Rogers Contra Costa Times

Posted:   03/25/2014

RICHMOND — A unanimous Richmond City Council voted Tuesday to call on Congress to halt rail transport of Bakken crude oil from North Dakota pending new regulations and explore what local measures could be enforced to thwart truck transport of the volatile fuel mix on local streets.

The resolution, proposed by Mayor Gayle McLaughlin, follows revelations in recent days of massive increases in crude-by-rail shipments into Contra Costa County, including at Kinder Morgan in Richmond, the only facility in the Bay Area that receives crude shipped on Burlington Northern Santa Fe trains and transfers it to trucks for transport to Bay Area refineries.

“There are terrible threats in our midst,” McLaughlin said. “Ultimately, we need to ban (Bakken crude) from coming through our community.”

The resolution directs city staff to send a letter to the Bay Area Air Quality Management District, Contra Costa County Hazardous Materials Division Director Randy Sawyer, Congressmen George Miller and Mike Thompson, Senators Dianne Feinstein and Barbara Boxer, State Senators Loni Hancock and Mark Desaulnier and Assemblymember Nancy Skinner urging them to work on new regulations, including halting the transport of crude near Bay Area communities. Councilman Tom Butt added an amendment directing staff to explore whether the city could use its own regulatory powers to ban transport of Bakken crude on city streets.

Railroad activity is typically beyond the scope of local laws and is regulated at the federal level.

The vote followed a presentation by oil industry author Antonia Juhasz detailing the nationwide increase in accidents associated with rail transport of Bakken crude, which is fracked in North Dakota and is more volatile and susceptible to explosion than heavier crude blends.

The volume of crude transported by rail into Northern California increased by 57 percent during 2013, according to California Energy Commission statistics.

About 85 percent of the crude by rail delivered to Northern California in 2013 came from North Dakota, followed by 12.5 percent from Colorado, according to the commission. Four of the five Northern California oil refineries listed by the commission are in Contra Costa County, with the other in Benicia.

“A whole lot more oil is being spilled by trains,” Juhasz said. “It’s dramatically worse.”

From 1975-2012. 792,600 gallons of oil were spilled in train accidents, Juhasz said. In 2013, 1.3 million gallons were spilled in accidents, more than the combined total of every year since 1975.

Juhasz said the problem centers on three factors: More oil is being harvested and moved within the continent, it’s being sent to coastal refineries for processing and export due to higher international prices, and regulation has not kept pace with the rapid changes.

“The National Transportation Safety Board said oil spill response planning requirements are practically nonexistent,” Juhasz said. “They recommend that you require rerouting to avoid transportation of such hazardous materials through populated and other sensitive areas.”

In the past month, critics have hosted town hall meetings in Richmond, Martinez and Pittsburg decrying planned increases in crude-by-rail shipments into the Bay Area. On Tuesday night, the Berkeley City Council passed a resolution directing city staff to oppose efforts to transport Bakken crude through the city.

Juhasz drew specific attention to rising accident numbers, with particular emphasis on a train explosion in July in Lac-Mégantic, Quebec, where 47 people were killed.

“There is a movement toward more federal regulation,” Juhasz said. “This (resolution) would not just be an exercise, it would add to the cacophony of voices making that demand.”

Not all residents were convinced.

“I read about your agenda item to encourage to regulate this, now I am hearing ban it,” said Don Goseny, a Richmond resident. “That is kind of overregulation isn’t it? No one is even asking is there a safe way to transport this crude.”

Contra Costa County Supervisor John Gioia released a statement Tuesday saying he is concerned that “there was no clear communication” between BAAQMD staff members and Kinder Morgan before a permit was issued to the offloading company last September, when Juhasz said it began offloading Bakken crude. He said the issue will be discussed at the next BAAQMD meeting on April 21.

“The dramatic increase in the volume of Bakken shale crude oil being transported by rail through Northern California should be of great concern to local government,” Gioia wrote.