Sen. Cantwell hears from Whatcom, Skagit officials on oil train safety
By Samantha Wohlfeil, April 11, 2015
MOUNT VERNON — As the White House continued to review proposed rule changes for trains hauling crude oil through the country, U.S. Sen. Maria Cantwell spent the last week hearing about the specific rail safety concerns of Washington state communities.
During Cantwell’s fifth and final stop Thursday, April 9, emergency responders and government officials from Skagit, Whatcom and Snohomish counties told her that many small communities need more training, resources, and information from the railroads to fully prepare for the event of an oil train derailment.
Fire and police officials described being delayed by trains at rail crossings while responding to emergencies, and expressed concerns about short staffing that prohibits fire departments from sending more employees to free BNSF training in Colorado.
“You are sitting at ground zero right here,” said Mount Vernon Fire Chief Roy Hari, who pointed out the proximity of four schools and the Skagit River. “Big train, small fire departments. I think I speak for every fire chief here when I say we need the equipment to handle it.”
Partway through the hourlong meeting at Skagit Transportation Center, an oil train with its horn blasting rolled down the tracks less than 100 feet outside the room.
Even though local firefighters have received the free training, Hari said that without stockpiles of foam and other equipment nearby, small communities wouldn’t be better off.
Kent Catlin, deputy director of the Whatcom County Sheriff’s Office Division of Emergency Management, echoed Hari’s concerns about equipment, and recommended requiring railroads to place equipment at specific intervals along the tracks so responders don’t need to wait for BNSF or other railroad personnel to reach the scene, which sometimes could take hours.
Frustrated with the federal Department of Transportation rule-making process for high-hazard flammable trains, the final results of which are set to be released next month, Cantwell introduced legislation on March 25 that would immediately ban the least-sturdy tank cars from being used to ship crude oil.
The Washington state Democrat’s legislation also would regulate the volatility of crude oil in rail cars, and require railroads to provide more information to state and local emergency officials, as well as require that they draft comprehensive oil-spill response plans.
“We would get an an expedited process from the DOT and the hazardous materials agency if we could, just get them to do it right away,” Cantwell said of the rule-making process. “We’re trying to build momentum on them, getting them to act immediately. We don’t have to pass a bill to do that. … If they don’t, yes, we’ll look at every avenue.”
Cantwell’s announcement came after four crude oil trains derailed in a three-week span in February and March. The fiery incidents, which happened in West Virginia, Illinois and Ontario, renewed attention on the relatively recent spike in oil being moved by rail across North America.
“I think even first responders went, ‘Wait a minute, I didn’t understand this,’” Cantwell said. “These incidents show it doesn’t take a lot for something to happen.”
The increase in crude-by-rail has been driven by expanding production in North Dakota’s Bakken shale formation.
It wasn’t until 2012 that Washington state first saw crude-by-rail. By 2013, rail accounted for 8.4 percent of crude shipments, pipelines had 24.2 percent, and marine vessels hauled 67.4 percent, according to a study of oil transportation completed by the state Department of Ecology. Compare that to a decade earlier, when vessels carried 91 percent of crude oil into the state, and pipelines moved the rest.
Four refineries in Whatcom and Skagit counties — Phillips 66 and BP Cherry Point west of Ferndale, and Shell and Tesoro in Anacortes — handle about 94 percent of the state’s oil refining on any given day, according to Ecology.
BP Cherry Point can get one oil train per day, while Phillips 66 can get one every other day. Between the two refineries, Whatcom County has more than half of the state’s capacity to process oil.
One of the things Cantwell hopes to address with her legislation that is not part of the DOT rule-making process is the specific volatility or vapor pressure of crude oil being shipped in the country.
“It looked as if a year ago, people tried to address it, then they just punted it to the state of North Dakota,” Cantwell said. “It didn’t seem like an accurate assessment to me. I think the federal government should determine if this is hazardous, and what kind of requirements should be put on its shipment.”
Starting April 1, North Dakota required all oil-by-rail shipments from the Bakken formation to be treated to maintain a vapor pressure of less than 13.7 pounds per square inch before they are loaded into trains.
“If we can stop the volatility before it ever leaves the oil fields, that is the number one best thing that could happen,” said Hari, the Mount Vernon fire chief. “It’s pretty simple: Reduce the volatility, make the cars strong, and give us the equipment we need when something happens.”
Bellingham Mayor Kelli Linville said it was good to address the volatility of Bakken crude, but she wanted to make sure the standards for tank cars hauling other hazardous materials are also evaluated.
“We also have natural gas, we also have chlorine, we have a lot of very volatile products that go through our community, and so when we talk about safe rail cars, we’d like to make sure they’re safe for everything, not just for oil,” Linville said.
BNSF, the largest rail company operating in Washington, is in favor of stricter tank car standards, said company spokeswoman Courtney Wallace.
“We have long pressed for stronger tank car standards as every commodity needs to be in the right car,” Wallace wrote in an email to The Bellingham Herald. “We continue to believe that a next-generation tank car or an unmodified CPC-1232 tank car that is appropriately retrofitted is necessary to reduce the risk in the transportation of shale crude oil.”
Repost from Emergency Management Magazine [Editor: An excellent online comment appears following this article: “Wultcom” writes, “As always it is heartening to see how first responders rise to the occasion to protect us all. If only such heroism rubbed off just a little on the railroad industry. The creation of courses for first responders is praiseworthy. But it does create a false sense of security, for when Bakken crude explodes, the force of the fire is too great to allow firefighters to get anywhere near it. The first duty of government is to protect citizens, not shareholders. The rail industry takes advantage of lax regulators, pro-business governments, frail labor unions, and our desire for oil independence to roll the dice on safety. They run 150 ton tank cars on 8000 foot trains with skeletal crews, well dictated by the profit motive. An alliance of railway workers, environmentalists, and blast zone citizens can force a safer method of transporting crude oil.” – RS]
The Ticking Rail Car: First Responders Are Preparing for the Worst
Railways are now carrying highly explosive Bakken crude oil, making emergency managers’ jobs even tougher.
By Jim McKay | April 10, 2015
Emergency managers have been asked in recent years to do a lot more with fewer resources. That job got even tougher with the advent of oil shipments from the Bakken shale region of North Dakota via rail around the country.
Bakken is obtained by hydraulic fracking and horizontal drilling, which has increased since 2000 and can be highly explosive. And there have been several train derailments recently, including one in Lac-Megantic, Quebec, in July 2013 that killed 47 people.
In the U.S., a train carrying Bakken crude oil derailed in West Virginia on Feb. 16, 2015, sending orange flames skyward for days. There have been other derailments, and there’s concern of a scene like the one in Quebec happening in a major U.S. city, including those in Pennsylvania. A report by PublicSource said 1.5 million people are potentially at risk if a train carrying crude oil derails and catches fire there.
Emergency managers are concerned and doing what they can to mitigate a derailment and possible explosion in their backyards. There’s training available but questions remain: Do emergency managers have all the information they need? Can one locale handle an explosion caused by a 30,000-gallon oil tanker incident?
“From a people standpoint, the worst-case scenario is if you have one or more of these cars breach and start on fire,” said Rick Edinger, assistant chief of the Chesterfield County, Va., Fire and EMS Department and a hazardous materials expert. “There’s an ongoing debate about how volatile crude oil is. The feds and industry are coming to realize now that it really depends on where the oil comes from.”
Because of that and other reasons, it’s important to understand the nature of the product, according to Robert Gardner, technological hazards coordinator for the Maine Emergency Management Agency. Emergency managers should study lessons learned and best practices and have safety data sheets. This information should be part of a risk assessment that lets first responders develop agency-specific response protocols that ensure responder safety and accounts for those exposed to potential fire.
Regional planning groups such as local emergency planning committees should review the routes that trains may use and identify sensitive receptors like water supplies, fisheries or agricultural areas.
Good to Know
There’s ongoing debate about what information communities and emergency managers should know about train routes and shipments of crude.
“Flow studies have been around for a long time and that’s an old tool that could be applied to figure out what’s going through your community,” Edinger said. “You may not have it down to the gallon and the day, but you have a great sense of what’s coming through and frankly, from a hazmat standpoint, I don’t need to know a specific time, I just need to know the worst-case scenario.”
Gardner said that in terms of actual shipments, there’s never enough information available. “We may know when a unit over a million gallons may be coming or where they are traveling, but those trains carrying fewer than 30 cars become unknowns,” he wrote in an email.
Some railroads have systems in place that allow for real-time knowledge of what any particular train may be carrying and the tanks’ location in the train.
Gardner said planning for Bakken crude oil transport is no different from any other hazardous material or even natural gas because you have an assessment and understand what you’re planning for and the role of those involved. But he acknowledged that the volume of the product is a concern.
The biggest concern for many is that one or more cars loaded with crude breach can start a fire. “Once you get past anything the size of a 9,000-gallon oil tanker, very few departments have the resources or capability to mitigate anything bigger,” Edinger said. “If you’re talking about a 30,000-tank car incident, even that would be beyond the capabilities of most departments in the initial stages, anyway.”
New federal rules instituted last year require carriers to notify state emergency response commissions about the transport routes of cars carrying at least 1 million gallons of crude from Bakken. But some emergency managers say that doesn’t go far enough and doesn’t include the typical load of 30,000 gallons.
Training is available for mitigating such a circumstance, but managing the volume of an incident that size could be daunting, Edinger said. “With the exception of a couple of departments, most can’t afford to stock and maintain the resources you would need to even approach doing something with one of these incidents.”
Gardner said the local Maine railroads have worked to educate first responders on rail safety. “This is of particular importance as rail employees have the specific knowledge of cars and engines that not all responders have, but need [in order] to have a safe response.”
Need Some Help
Gardner said it would help if the railroads could assist with the cost of the “gap pieces” of response equipment that have been identified as needed through the assessments. “It would be an immense help to many of the small volunteer agencies that we have in Maine and throughout the nation,” he wrote.
An examination of the tank car fleet that carries flammable liquids may be necessary as well. Canada has banned certain cars that are known to be unsafe in crash situations, but the U.S. has lagged. Part of the reason is the price. It would cost up to $1 billion to retrofit all of the 300,000 DOT-111 tank cars in use and take years.
“The dialog is going in a good direction,” Edinger said. “There seems to be agreement within public safety and the rail industry that we can do better with the construction of cars and that will improve, and perhaps prevent some incidents from happening.”
Bakken-bearing pipeline meets stiff opposition in the Land of 10,000 Lakes
Daniel Cusick, EnergyWire, April 10, 2015
MINNEAPOLIS — A Canadian company proposes a multibillion-dollar oil pipeline through some of the Midwest’s prized lakes and wetlands, igniting a firestorm among environmentalists, tribes and anti-fossil fuel activists who say the proposal is built on hollow promises of economic development and dubious claims of environmental protection.
Sound familiar? It should. But the pipeline isn’t Keystone XL, and its developer is not TransCanada Corp., purveyor of the most polarizing energy project since the Yucca Mountain Nuclear Waste Repository.
It is called Sandpiper, and its developer is Enbridge Corp., another Calgary, Alberta-based conglomerate whose extensive oil and gas pipeline network plunges deep into the U.S. interior.
The $2.6 billion Sandpiper project, which would move 225,000 barrels of crude per day roughly 610 miles from the Bakken oil fields of North Dakota to an Enbridge hub in Superior, Wis., has been approved by North Dakota regulators. But it remains under administrative review in Minnesota, where developers are seeking a certificate of need to ship the oil and a route permit to build the pipeline across 300 miles of the state’s Lakes Belt.
An administrative law judge in St. Paul next week is expected to issue an advisory opinion that the Minnesota Public Utilities Commission will use to resolve some thorny questions around Sandpiper, including whether the line is necessary and what route it should follow to move Bakken crude across Minnesota to Wisconsin, where it would flow to other Enbridge lines serving refineries in Michigan, Illinois and Ohio.
Marathon’s president and CEO, Gary Heminger, has said the Sandpiper investment will give Marathon a 27 percent stake in Enbridge’s North Dakota pipeline system once the line is completed and provide “additional access to growing crude oil production from the Bakken Shale play and Canada, and direct participation in the transportation of these crudes into our markets.”
The opening of a new corridor through Minnesota will also help Enbridge manage aging infrastructure along its existing pipeline route through the Upper Great Lakes, known as the Lakehead System. Currently, six existing pipelines, some built as early as the 1950s, follow the Lakehead System route from a key Enbridge oil terminal in Clearbrook, in northwest Minnesota, to the cities of Bemidji and Grand Rapids before dipping south to Duluth and Superior.
Clearbrook is also the primary U.S. hub on Enbridge’s system for delivering Canadian tar sands oil from Alberta into the United States, and Enbridge has invested heavily in recent years to upgrade those lines, including adding new pump stations in Minnesota that will push up to 800,000 barrels per day of heavy Canadian crude to U.S. refineries.
Moreover, if Sandpiper is approved, Enbridge has said it will pursue another set of state permits to relocate one of its key Lakehead pipelines, known as Line 3, that was built in 1968 and is in need of retirement. Rather than rebuild Line 3 in its existing corridor, Enbridge has said it would prefer to relocate the line along the Sandpiper route at a cost of roughly $2.3 billion.
But environmental opposition, combined with lengthy regulatory proceedings, sagging oil prices and a troubling history of spills, including an 840,000-gallon contamination of Michigan’s Kalamazoo River in 2010, have created considerable hurdles for Enbridge as it tries to push through one of its most ambitious U.S. pipeline expansions in recent memory.
The stakes — for Enbridge, for its U.S. customers, and for residents and tribes in North Dakota and Minnesota — are high. If the Sandpiper line is built, the company says, millions of barrels of Bakken crude will be moved more safely and cheaply across northern Minnesota, while at the same time alleviating rail corridor congestion and reducing the risk of rail accidents like the Dec. 30, 2013, fiery collision between a derailed grain train and 108-car oil train near Casselton, N.D., resulting in 400,000 gallons of spilled crude and the evacuation of 1,400 residents.
Dealing with the ‘Keystone effect’
Currently, more than two-thirds of the North Dakota’s oil exports are shipped by rail using tanker cars, according to federal estimates, many of which lack the kind of safety features that have been proposed by the U.S. Department of Transportation and could become law later this year. More recent rail accidents, including oil train derailments in West Virginia and Illinois, have further pressured the oil and gas industry, railroads and government officials to find alternatives to shipping oil across long distances by rail and truck.
But if shipping crude by rail has come under tough scrutiny from the public and regulators, pipelines have fared little better, as evidenced by the industry’s track record of spills — estimated at 1,400 “significant incidents” since 1986 — and the deep political fissure over Keystone XL, which after years of languishing under a State Department review succumbed to a presidential veto in February after Republicans in Congress sought to approve the line legislatively.
The “Keystone effect,” as some have called it, goes beyond concerns about pipeline safety and routing to incorporate a broad suite of environmental issues, among them fossil fuel dependency and oil consumption’s contribution to greenhouse gases that drive climate change.
Al Monaco, Enbridge’s president and CEO, addressed some of those challenges in a speech to business executives in Minneapolis late last month.
“Solving infrastructure problems at its base is not rocket science,” he told the Minnesota-Canada Business Council, stressing the advanced technologies and materials deployed by industry to site new oil pipelines, inspect existing lines, and detect problems early and respond quickly.
The bigger challenge, Monaco said, stems from organized opposition to traditional energy resources and even some renewable resources such as wind turbines, and “the elevation of regional energy projects to a national policy debate.”
“This isn’t just short-term noise,” Monaco said. “Today, our regulators, our political leaders, our employees and the public, they expect more of energy companies. They want to know what we’re doing to continually improve, to get better.”
Working around the ‘Lakes Belt’
For critics like Kathryn Hoffman, an attorney with the Minnesota Center for Environmental Advocacy, “getting better” means several things, including acknowledging mistakes and correcting operational problems that cast doubt on Enbridge’s safety track record, including the record 2010 spill in Michigan, where cleanup remains a work in progress after $1 billion spent.
Hoffman and her client, the nonprofit group Friends of the Headwaters, also want Enbridge to explore alternatives to its preferred Sandpiper route, which crosses northern Minnesota’s “Lakes Belt,” a region dense in lakes, streams, wetlands and forest. To date, the company has refused to look at alternatives, saying its chosen Sandpiper route offers the best conditions, both environmentally and economically, for the line to make its way from an existing oil terminal in Clearbrook to its terminus at Duluth-Superior.
Hoffman, who has petitioned the Minnesota Court of Appeals to force a more detailed environmental review of Sandpiper than what is required by the PUC, said her client is not seeking to simply block the Sandpiper line from being constructed. Rather, she wants Enbridge to more fully examine the preferred route’s impacts to natural areas and weigh those findings against alternative routes that run along more developed corridors.
“Our position is that the proposed route is probably one of the worst locations in the state of Minnesota to run a pipeline,” she said.
Similar concerns were raised by Minnesota’s two environmental agencies — the Department of Natural Resources and the Minnesota Pollution Control Agency — prompting the PUC last September to take an unprecedented step of asking for more information on alternative routes.
The Minnesota Department of Commerce provided a detailed report on six alternatives last December, but Enbridge maintains that none is viable because all are longer, are more expensive to build and do not pass through its terminal at Clearbrook, a critical element of the project.
“The fundamentals behind the project call for leveraging the existing infrastructure that’s already in place,” Paul Eberth, Enbridge’s Wisconsin-based Sandpiper project manager, said in a telephone interview. “By going to Clearbrook and then to Superior, we can make connections to customers without having to build a new line all the way down to the southern part of the state,” as most of the alternatives propose.
‘Oil companies are asking too much of our state’
But opponents of Sandpiper in its current configuration say southern Minnesota, where farming and urbanization have already altered much of the natural landscape, is exactly where new oil pipelines belong.
Among those pushing for a re-route are members of the state’s 40,000-person Ojibwe tribe, also known as the Chippewa or Anishinaabe, whose leaders maintain that the Sandpiper project threatens to foul northern Minnesota’s pristine waters with oil and disrupt traditional activities such as wild rice harvesting that are central to Native American life in the Great Lakes region.
Frank Bibeau, an attorney and member of the White Earth Nation of Ojibwe, whose reservation extends across three northern Minnesota counties, said in an interview that Enbridge has failed to examine such impacts in its Sandpiper routing decision. Moreover, the company continues to maintain that the pipeline does not physically cross tribal lands and therefore does not violate the tribe’s rights.
“We beg to differ with them on that point, and strongly,” said Bibeau, who maintains that the tribe’s treaty rights extend beyond reservation boundaries when dealing with traditional activities like wild rice harvesting.
Honor the Earth, a national activist group led by White Earth member Winona LaDuke, the former Green Party vice presidential candidate, has also pressed state officials, including Gov. Mark Dayton (D), to force a reconsideration of Sandpiper’s current route and issue a moratorium on any new pipeline development in the state’s lakes region.
“Oil companies are asking too much of our state,” LaDuke wrote in a letter to the governor. “While we remain a fossil fuel economy at present, sending one new pipeline … across the beautiful North Country is wrong and is not a good move for Minnesota.”
The group has taken its message public, too, with colorful roadside billboards and horseback rallies in hamlets like Backus, Minn., where the pipeline is proposed to cross an arterial highway just south of the Corner Store Restaurant & Gun Shop, a local gathering spot.
On a recent afternoon, Dave Sheley, the Corner Store’s owner and proprietor for 18 years, said the Sandpiper project has been a regular topic of conversation, both pro and con, among patrons of his cafe.
He described Backus and surrounding Pine County as “a poor community in general with a rich sub-community of cabin owners,” many of whom trek north on weekends from the Twin Cities to fish, swim, boat, bicycle or hunt in the region that otherwise has little happening economically.
While some are encouraged by Enbridge’s promise of 1,500 construction jobs and an estimated $25 million in new annual tax revenue, others say such benefits are countered by the intrusion of a major oil pipeline and the long-term risk of an accident or spill.
Sheley said he has seen a smattering of new business from surveyors and consultants working along the corridor route, which parallels an electricity transmission line. But he also knows that any surge in business during the line’s construction would be temporary, and the greatest economic benefit will go to landowners who have cut deals with Enbridge to route the pipeline across their property.
“I don’t own any land where they want to build, so I don’t have skin in the game,” he said. “For the most part, I’d say those people tend to be the most positive about it. But I can also see why the cabin owners and naturalist groups are concerned. A spill would be a big bummer if it happened.”
Big Oil’s Plan Will Destroy Songbird Habitat, Fuel Global Warming and Threaten Our Drinking Water.
The Keystone XL tar sands pipeline was only the beginning. Big Oil has a much bigger plan to triple the production of climate-wrecking tar sands oil in Canada and send as much as 6 million barrels a day gushing into America. But this Tar Sands Invasion can be stopped — if we act now. Urge President Obama to repel Big Oil’s full-blown tar sands assault and protect our natural heritage, our communities and our climate from the dangers of filthy tar sands oil.
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There is clear and compelling evidence that the Keystone XL will drive significantly more global warming pollution and more climate chaos. In short, it fails your climate test and should be rejected. In addition, piping the dirtiest oil on the planet through the heart of America would endanger our farms, our communities and our water supplies — all while worsening our dependence on fossil fuels and providing very few permanent jobs. That is absolutely not in our national interest.
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