SACRAMENTO—Late yesterday Governor Edmund G. Brown Jr. signed legislation by Senator Lois Wolk (D-Davis) to protect communities along rail lines and railroad workers by requiring trains and light engines carrying freight within California to be operated with an adequate crew size.
“Today’s freight trains carry extremely dangerous materials, including Bakken crude oil, ethanol, anhydrous ammonia, liquefied petroleum gas, and acids that may pose significant health and safety risks to communities and our environment in the case of an accident,” said Wolk. “With more than 5,000 miles of railroad track that crisscrosses the state through wilderness and urban areas, the potential for derailment or other accidents containing these materials is an ever present danger. This new law will provide greater protection to communities located along rail lines in California, and to railroad workers.”
Senate Bill 730 prohibits a freight train or light engine in California from being operated unless it has a crew consisting of at least two individuals. It also authorizes the California Public Utilities Commission (CPUC) to assess civil penalties, at its discretion, against anyone who willfully violates this prohibition.
The CPUC supports SB 730, stating that requiring two-person crews is a straightforward way of ensuring two qualified crew members continue to operate freight trains in California. According to the CPUC, of all the industries subject to their oversight – energy, water, telecommunications, and transportation—rail accidents result in the greatest number of fatalities each year.
“This new law will help keep us at the forefront of rail safety,” said Paul King, Deputy Director of the Office of Rail Safety for the CPUC. “This law will ensure that freight trains continue to have the safety redundancy that a second person provides. Such redundancy is a fundamental safety principle that is evidenced in certain industries, such as using two pilots in an airplane cockpit, or requiring back-up cooling systems for nuclear reactors.”
The bill is also supported by the Brotherhood of Locomotive Engineers & Trainmen, International Brotherhood of Teamsters; California Labor Federation, AFL-CIO; California Teamsters Public Affairs Council; and United Transportation Union.
Legislature needs to pass California’s climate bills now
San Francisco Chronicle Editorial, September 8, 2015 4:54pm
Senate President pro Tempore Kevin de León visits the Chronicle in San Francisco, Calif., on Friday, June 26, 2015 Photo: Liz Hafalia, The Chronicle
This was never going to be easy.
When California passed AB32 in 2006, state leaders were feted all over the world for their strong leadership and their willingness to do the hard work in the fight against climate change.
But now the party’s over. The state Legislature is embroiled in a tough fight around SB350 and SB32, two critical bills that represent California’s next steps toward achieving our climate change goals.
This year’s legislative deadline is Friday, so legislators must act now.
The most controversial bill is SB350, by state Senate President Pro Tem Kevin de León, D-Los Angeles.
The petroleum industry has its guns aimed on the bill, which would require the state Air Resources Board to decide how the state should reduce petroleum use by 50 percent over the next 15 years and require utilities to increase their renewable energy portfolios to 50 percent by 2030. It would also require improved energy efficiency in buildings.
Those are tough goals, but they’re achievable. California can get there without resorting to the scare tactics that the oil industry is suggesting in its disingenuous ad campaigns (a ban on minivans and SUVs, Soviet-style gas rationing, and other over-the-top threats).
The state Assembly’s own analysis points out that California’s existing regulations have already set the stage for a decline in statewide petroleum consumption by 31 to 41 percent by 2030.
SB350 represents one more push, not a paradigm shift.
Still, there are a few waverers among the moderate Democrats in the state Assembly. (SB350 has already passed the state Senate.)
De León is still seeking to compromise with them (he’s offered amendments to beef up oversight of the state Air Resources Board and is open to giving the state Legislature a chance to modify whatever regulations the board winds up proposing), which is positive. Increasing oversight of the board would be an especially good idea.
But there should be no compromise on the centerpiece guidelines of the bill. After all, the climate isn’t willing to compromise with California.
SB32, authored by state Sen. Fran Pavley, D-Agoura Hills (Los Angeles County), has gotten less attention — but it doesn’t deserve to get lost in the end-of-the-year fray.
SB32 requires California to further slash greenhouse gas emissions, first to 40 percent below 1990 levels (by 2030), and eventually to 80 percent below 1990 levels (by 2050).
These are ambitious goals, and the state Legislature will have to refine them as technology and conditions change. But there’s no reason to believe that California can’t adapt to high standards.
Since we passed AB32, California’s economy has grown — not cratered. We’ve added jobs all over the economy, from manufacturing to clean technology.
Have there been financial costs? Yes. But Californians also value public health and the future of the planet, and that’s why the state Legislature needs to stop dithering and pass SB32 and SB350.
Air District to have 2-hour ‘open house’ at Robert Semple Elementary on Sept. 17
Debate over the Valero Crude-by-Rail Project — now well into its third year — intensified last week after the release of the revised Draft Environmental Impact Report. But even as residents, businesses and others in the city continue to pore over that massive document, they will have the opportunity to learn more about newly drafted state rules for refineries at a forum here next week.
The Bay Area Air Quality Management District will host a series of open houses at elementary schools in the refinery-heavy nexus of Benicia, Martinez and Richmond this month to present the agency’s four new and amended rules to reduce refinery emissions.
“This is part of an effort to reduce emissions from Bay Area refineries by 20 percent or as much as feasible by 2020,” Air District spokesperson Ralph Borrmann said Friday.
The four rules deal with limiting ammonia from fluid catalytic cracking units; broadening equipment leak standards to include all equipment that handles heavy liquids; reducing sulfur dioxide from coke calcining processes; and regulating cooling towers to reduce emissions of organic compounds, toxics and methane by being able to detect and fix leaks.
“The Air District passed a resolution almost a year ago to develop a strategy to reduce refinery emissions,” Borrmann said. “Bay Area refineries are among the most regulated in the country, if not the world, but these meetings are presenting the public with an ambitious approach to reduce emissions that are part of an aggressive approach to regulate refineries in our area.”
The open houses, Borrmann said, will not be lectures but rather forums for people to discuss and gather information. Tables will be set up with in-house experts so attendees can ask questions about the new rules, he said.
“We hope the communities and other stakeholders will have an opportunity to learn about air quality and have a role in the rule-making process,” he said.
The BAAQMD’s Benicia open house will be from 6-8 p.m. Sept. 17 at Robert Semple Elementary, 2015 East Third St.
The two other open houses will be Sept. 15 from 6-8 p.m. at Las Juntas Elementary School, 4105 Pacheco Blvd., in Martinez; and Sept. 28 from 6-8 p.m. at Lincoln Elementary School, 29 Sixth St., in Richmond.
Half a Million California Students Attend School In Oil Train Blast Evacuation Zones
By Justin Mikulka, September 7, 2015 – 04:58
A new analysis by the Center for Biological Diversity finds that 500,000 students in California attend schools within a half-mile of rail tracks used by oil trains, and more than another 500,000 are within a mile of the tracks.
“Railroad disasters shouldn’t be one of the ‘three Rs’ on the minds of California school kids and their parents,” said Valerie Love with the Center. “Oil trains have jumped the tracks and exploded in communities across the country. These dangerous bomb trains don’t belong anywhere near California’s schools or our children.”
Click for larger image
Current safety regulations for first responders dealing with oil trains recommend evacuating everyone within a half-mile of any incident with an oil train. This wasn’t much of a problem for the most recent oil train accident in July in Culbertson, Montana because there were only 30 people within the half-mile radius area. However, in populated areas like California, potential scenarios could involve large-scale evacuations and casualties.
In addition to the threat posed to California’s students, the report Crude Injustice on the Rails released earlier this year by ForestEthics and Communities for a Better Environment, pointed out that in California the communities within the half-mile blast zones were also more likely to be low-income minority neighborhoods.
As more communities across the country become aware of the very real risks these oil trains pose, opposition is mounting to new oil-by-rail projects as well as challenges to existing facilities.
This past week in California, the Santa Clara County board of supervisors voted to keep oil trains out, citing an “unacceptable risk to our community.”
In Minnesota, Sen. Al Franken (D-MN) held a hearing on the subject and heard from concerned residents like Catherine Dorr, as reported by the local CBS station.
“We’re in the 100 foot blast zone,” Dorr said. “My house and 60 townhouse residents are going to be toast if there’s an explosion.”
In Albany, New York which is the largest oil-by-rail hub on the East coast, this week a coalition of groups announced their intentions to sue the oil company transporting Bakken crude through Albany and challenge the validity of the air quality permit the company received in 2012.
And even in remote places like North Dakota, where much of the oil originates, the U.S. military is concerned about the proximity of the oil train tracks to nuclear missile facilities.
With all of this concern about the dangers of oil trains, a new report by the Associated Press (AP) paints a troubling picture about the preparedness of populated areas to respond to an oil-by-rail incident. The report was based on interviews with emergency management professionals in 12 large cities across the U.S.
It concludes, “The responses show emergency planning remains a work in progress even as crude has become one of the nation’s most common hazardous materials transported by rail.”
As noted on DeSmog, one of the reasons that the oil trains pose such a high risk is that the oil industry refuses to stabilize the oil to make it safe to transport. And the new regulations for oil-by-rail transport released this year allow for older unsafe tank cars to be used for another 8-10 years.
While the regulations require modernized braking systems on oil trains in future years, the rail industry is fighting this and a Senate committee recently voted to remove this from the regulations.
The reality is that unless there are drastic changes made, anyone living within a half mile of these tracks will be at risk for years to come.
And while oil production isn’t increasing in the U.S. right now due to the low price of oil, industry efforts to lift the current ban on exporting crude oil could result in a huge increase in fracked oil production. In turn, that oil will be put on trains that will head to coastal facilities and be loaded on tankers and sent to Asia.
Despite all of the opposition and the years-long process to complete new regulations, as the Associated Press notes, it isn’t like the emergency first responders are comfortable with the current situation.
“There could be a huge loss of life if we have a derailment, spill and fire next to a heavily populated area or event,” said Wayne Senter, executive director of the Washington state association of fire chiefs. “That’s what keeps us up at night.”
And even the federal regulators expect there are going to be catastrophic accidents. As reported by the AP earlier this year, the Department of Transportation expects oil and ethanol trains “will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.”
With the known risks and the number of accidents, so far communities in the U.S have avoided disaster. But as Senator Franken pointed out, that has just been a matter of luck.
“We’ve been lucky here in Minnesota and North Dakota and Wisconsin that we’ve not seen that kind of fatalities, but we don’t want this to be all about luck,” Sen. Franken said.
As over 1,000,000 students in California start a new school year in schools where they can easily hear the train whistles from the oil trains passing through their communities, let’s all hope we keep this lucky streak going.
