All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Most Recent Oil Train Accidents and Spills Involved ‘Safer’ CPC-1232 Tank Cars

Repost from DeSmogBlog

Most Recent Oil Train Accidents and Spills Involved ‘Safer’ CPC-1232 Tank Cars

By Justin Mikulka  | July 23, 2015 – 03:58

Roosevelt County chief deputy sheriff Corey Reum was one of the first responders to the recent Bakken oil train derailment in Montana, a few miles from the North Dakota border.

“We’re lucky it didn’t ignite,” Reum told ABC News.

That is just one of the things first responders have learned since the deadly accident two years ago in Lac-Megantic. As a Globe and Mail article marking that two year anniversary recently noted, when the train was on fire and rail cars were exploding in Lac-Megantic, no one could figure out why.

The Globe detailed the questions the investigators were trying to answer in the aftermath.

And, perhaps most puzzling of all: How did the crude oil on the train – normally thought of as difficult to light on fire – cause the kind of violent explosions it did?

Now we know that the Bakken oil is different from most other crude, and based on the eight accidents since July 2013 involving derailed trains that involved Bakken oil and resulted in fires, first responders now know the risk the Bakken oil presents.

In Roosevelt County they evacuated a half-mile perimeter around the crash site as a precaution even though there was no fire.

However, despite the lack of fire in this latest accident, 35,000 gallons of oil did spill as four tank cars ruptured. And these were the newer CPC-1232 tank cars that the oil industry is currently suing to keep on the rails even longer than the new regulations allow — which for some 1232 tank cars is not until 2025.

Click to enlarge

There have now been six accidents involving oil trains in 2015 where tank cars derailed and were punctured and oil was spilled. In the first five, there were also fires and explosions.

All six oil train derailments involved the new 1232 model cars that the American Petroleum Institute is suing to keep on the tracks longer than existing long timelines in the new oil-by-rail regulations.

Even Cynthia Quarterman, the former administrator of the Pipeline and Hazardous Materials Safety Administration, the agency responsible for the regulations, was surprised by the timelines in the final regulations.

That was the biggest surprise, by far,” Quarterman told Argus Media. “The push-back for five years for most things, I thought it was a substantial push-back in terms of dates.”

So while we have learned quite a bit in the two years since Lac-Megantic, not much has changed in how Bakken oil is moved by rail.

  • The oil industry has not addressed the volatile nature of the Bakken oil so it still presents serious fire and explosion risks.
  • The oil and rail industries are fighting the new regulation requirements for modern braking systems on the trains starting in 2021.
  • The oil will still be transported in the obviously inadequate CPC-1232 cars for up to ten years or longer if the oil industry wins its lawsuit.

So, as Sheriff Reum pointed out in his observation, the best strategy for communities along the oil train tracks across North America is to spend the next ten years or so hoping you get lucky.


Image credit: NTSB Safety Recommendation report.

Packed house for WESPAC scoping meeting in Pittsburg CA

From an email by Pittsburg Defense Council

Wow! What a turn-out!

From: Pittsburg Defense Council
Sent: Thursday, July 23, 2015 6:00 PM

A massive THANK YOU! to everyone who attended the Scoping Meeting at Pittsburg City Hall yesterday evening. The room was packed and the meeting ran for more than two hours, with the public comment period taking up most of that time.

All of the speakers brought articulate and well-researched comments and questions, and the atmosphere was one of respect and consideration. We were all incredibly impressed and honored to be in such great company.

The next step is to make sure all of our questions about the environmental impact of the proposed WesPac project are considered in the report analysis. The only way to do this is to write a public comments letter – you can email it or send it ‘snail mail.’  …MORE (Including guidelines for letter writing)

Feds warn railroads to comply with oil train notification requirement

Repost from McClatchyDC
[Editor:  Significant quote: “Illinois, Kentucky, Ohio, New York and Pennsylvania told McClatchy last month that they had received no updated oil train reports from CSX since June 2014.”  See also the Federal Railroad Administration press release AND letter.  – RS]

Feds warn railroads to comply with oil train notification requirement

By Curtis Tate, July 22,2015
This Feb. 17, 2015, photo made available by the Office of the Governor of West Virginia shows a derailed train in Mount Carbon, W.Va. U.S. transportation officials predict many more catastrophic wrecks involving flammable fuels in coming years absent new regulations.
This Feb. 17, 2015, photo made available by the Office of the Governor of West Virginia shows a derailed train in Mount Carbon, W.Va. U.S. transportation officials predict many more catastrophic wrecks involving flammable fuels in coming years absent new regulations. | Steven Wayne Rotsch AP

The U.S. Department of Transportation warned railroads that they must continue to notify states of large crude oil shipments after several states reported not getting updated information for as long as a year.

The department imposed the requirement in May 2014 following a series of fiery oil train derailments, and it was designed to help state and local emergency officials assess their risk and training needs.

In spite of increased public concern about the derailments, railroads have opposed the public release of the oil train information by numerous states, and two companies sued Maryland last July to prevent the state from releasing the oil train data to McClatchy.

The rail industry fought to have the requirement dropped, and it appeared that they got their wish three months ago in the department’s new oil train rule.

We strongly support transparency and public notification to the fullest extent possible. Sarah Feinberg, acting administrator, Federal Railroad Administration

But facing backlash from lawmakers, firefighters and some states, the department announced it would continue to enforce the notification requirement indefinitely and take new steps make it permanent.

There have been six major oil train derailments in North America this year, the most recent last week near Culbertson, Mont. While that derailment only resulted in a spill, others in Ontario, West Virginia, Illinois and North Dakota involved fires, explosions and evacuations.

In a letter to the companies Wednesday, Sarah Feinberg, the acting chief of the Federal Railroad Administration, told them that the notifications were “crucial” to first responders and state and local officials in developing emergency plans.

“We strongly support transparency and public notification to the fullest extent possible,” she wrote. “And we understand the public’s interest in knowing what is traveling through their communities.”

The letter was written after lawyers for Norfolk Southern and CSX used the new federal oil train rules to support their position in the Maryland court case that public release of the information creates security risks and exposes the companies to competitive harm.

Feinberg added that the notifications must be updated “in a timely manner.”

States such as California, Washington and Illinois have received updated reports regularly from BNSF Railway, the nation’s leading hauler of crude oil in trains. Most of it is light, sweet crude from North Dakota’s Bakken region and is produced by hydraulic fracturing of shale rock.

But to get to refineries on the east coast, BNSF must hand off the trains to connecting railroads in Chicago or other points. Illinois, Kentucky, Ohio, New York and Pennsylvania told McClatchy last month that they had received no updated oil train reports from CSX since June 2014.

The emergency order requires the railroads to report the weekly frequency of shipments of 1 million gallons or more of Bakken crude, the routes they use and the counties through which they pass. The railroads must update the reports when the volume increases or decreases by 25 percent.

Railroads found to be in violation of the requirement face a maximum penalty of $175,000 a day for each incident. The Federal Railroad Administration periodically audits railroads for compliance.

6 – Number of major oil train derailments in North America in 2015.

Though publicly available data on the exact volume of crude oil moved by railroads is difficult to come by, in an April earnings call, Norfolk Southern, the principal rival of CSX, reported that its crude oil volumes increased 34 percent from the first quarter of 2014 to the first quarter of 2015.

That’s not a reliable indicator of the increase in Bakken crude oil on any one route, but Illinois, Ohio and Pennsylvania did say they received updated oil train reports from Norfolk Southern in the past year.

Of the states on the CSX crude oil network McClatchy asked, only Virginia reported receiving an update in the year between June 2014 and June 2015, and that was a week after a CSX oil train derailed and caught fire in February near Mount Carbon, W.Va.

Rob Doolittle, a spokesman for CSX, said the railroad continues to be “in full compliance” with the emergency order. He added that the railroad “recently” sent new notifications to the affected states, “regardless of whether there was any material change in the number of trains transported.”

Read more here: http://www.mcclatchydc.com/news/nation-world/national/economy/article28078114.html#storylink=cp

 

International coalition to put fracking “on trial”

Repost from Oil Change International

Fracking “Goes on Trial”

By Andy Rowell, July 22, 2015

Just as the British Government slashes subsidies for solar power and gears up to open up large swathes of the countryside to fracking, a coalition of human rights lawyers and academics have announced an international tribunal to put fracking “on trial”.

Based on a descendent of the Vietnam War Crimes Tribunal of the sixties, the so-called Permanent Peoples’ Tribunal (PPT), which is based in Rome, is an internationally recognized public opinion tribunal. It functions independently of state jurisdictions.

From June 1979 to the present date, the PPT has held some 40 sessions, including examining the world’s worst chemical disaster at Bhopal in the early eighties which killed thousands of people, injuring hundreds of thousands.

Tribunals apply internationally recognized human rights law and policy to cases brought before them and are nearly identical to traditional courtroom proceedings.

What this allows is ordinary people to compile and submit prima facie evidence about how the shale gas industry has impacted their health, their environment, their livelihood or human rights.

Hearings will be held both in the United States, which has been at the forefront of the fracking boom and the UK, and will take place in front of five to seven jurists experts in international human rights law.

This said, the PPT will be inviting witness testimony from citizens all over the world who will be invited to also hold preliminary mini-tribunals in their own country.

The experts will then decide whether there is sufficient evidence to indict certain nation states on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

One of the organisers, Dr. Tom Kerns, Director of the Environment and Human Rights Advisory in Oregon USA said: “The Tribunal will consider the human rights dimensions of a range of potential impacts: human and animal health, environmental, climatic, seismic, hydrologic and economic impacts, as well as those on local physical and social infrastructures.”

Dr. Damien Short, Director of the Human Rights Consortium at the University of London, and another one of the instigators of the PPT, added that “Fracking has taken place around the world in spite of serious public opposition and with large numbers of people alleging that their human rights have been ignored by those who supposedly represent them. This PPT aims to consider those allegations in an even handed and judicial way.”

The hearings are not due to start until the Spring of 2017, giving communities affected by fracking enough time to compile the evidence of impact and harm.

Meanwhile, the British Government’s plans to slash subsidies to solar was widely condemned yesterday. Britain’s sole Green MP, Caroline Lucas labeled the Government plans as “short sighted”.

“This cut would further undermine Britain’s commitment to meeting our climate change targets and deepen our addiction to dirty fossil fuels,” she said.

For more on the PPT go here.