All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Massive increase in crude-by-rail, Niobrara crude, Oil Industry, Oil spill, Pipeline transport

Wyoming Oil Spills in 2014 Already Double Amount Spilled In 2013

September 20, 2014 Roger Straw

Repost from Associated Press on Huffington Post GREEN

Wyoming Oil Spills Total 220,000 Gallons In 2014, Already Double Amount Spilled In 2013

By Mead Gruver, 09/19/2014

CHEYENNE, Wyo. (AP) — An oil boom in Wyoming has a filthy side effect: A string of accidents from a remote gulley in the Powder River Basin to a refinery in downtown Cheyenne already has made this year the state’s worst for oil spills since at least 2009, state records show.

Almost 220,000 gallons of oil already has spilled in Wyoming this year, more than double the 90,000 gallons all last year. About 165,000 gallons spilled in 2010, the previous worst year since the Wyoming Department of Environmental Quality began tracking spills in a database that year.

“There’s a lot more production,” Joe Hunter, the department’s emergency response coordinator, said Thursday. “If you’re producing more, there’s going to be more opportunities for releases. We’re doing what we can to just make sure the things get cleaned up.”

Much of the oil spilled lately has been in the Powder River Basin, epicenter of Wyoming’s nascent oil boom. Oil production in the basin has doubled in the past five years as companies tap the Niobrara Shale and other deep formations with horizontal drilling and hydraulic fracturing.

All the while, large volumes of oil spill on Wyoming’s remote landscapes with little public awareness. None of the federal or state agencies with purview over oil infrastructure and public lands in Wyoming actively notifies the public about oil spills except in extreme cases.

“Unless it’s going to have an impact on public health, that’s where we would notify the public,” Department of Environmental Quality spokesman Keith Guille said Thursday.

The biggest spills in Wyoming this year haven’t affected waterways, posed no risk to the public and promptly were cleaned up, according to Guille.

Guille said the department is working on developing a publicly accessible spills database. Such public disclosure could help the state agency encourage companies to work harder to prevent oil spills, said one environmental advocate.

“I think they’re more likely to be more careful. It’s a deterrent,” said Jill Morrison with the Powder River Basin Resource Council landowner advocacy group.

Department of Environmental Quality records disclosed in response to a request by The Associated Press show several recent oil spills weren’t inconsequential in scale. Three within a month last spring totaled more than 100,000 gallons and originated with infrastructure owned and operated by a single company, Casper-based Belle Fourche Pipeline:

— On April 30, a malfunction caused a 210,000-gallon oil storage tank owned by Belle Fourche in Campbell County to overflow, spilling 70,000 gallons of crude near a drilling site;

— On May 19, corrosion at a damaged section of a Belle Fourche pipeline spilled 25,000 gallons of oil that flowed three miles down an ephemeral drainage in Johnson County;

— On May 23, heavy equipment damaged one of the company’s pipelines in Crook County, spilling about 9,000 gallons of oil.

The Department of Environmental Quality isn’t pursuing fines against Belle Fourche or HollyFrontier, owner of a Cheyenne refinery where 70,000 gallons of oil spilled July 13, Hunter said.

The refinery spill happened when a severe thunderstorm dumped heavy rain and hail on a crude oil storage tank and cause the tank’s floating roof to collapse. The oil remained on site and was cleaned up quickly, according to Hunter.

The department decides whether to pursue fines against companies on a case-by-case basis, Hunter said.

“If we think there’s negligence, we’ll absolutely, 100 percent go after a violation. If surface water is obviously impacted, that’s grounds for seeking enforcement,” he said.

“You can’t really just say, you know, they met this number, so we’re going after enforcement. You’ve got to look at circumstances, was there negligence, could this be prevented?”

A message seeking comment from HollyFrontier wasn’t immediately returned Thursday.

Bob Dundas, environmental coordinator for Belle Fourche Pipeline, said Thursday he would forward a reporter’s message to somebody else in the company who could comment. Nobody at the company called by press time.

“It looks like if we’re going to have more oil production, we’d better step up enforcement,” Morrison said. “We want to be looking at how we’re going to prevent this increase in oil spills.”

Bakken Crude, DEIR, Derailment, Moratorium, Natural Resources Defense Council (NRDC), Petroleum Coke (Petcoke), Tar sands crude, Valero Crude By Rail, Volatile gases

Diane Bailey: Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years

September 20, 2014 Roger Straw

Repost rom NRDC Switchboard, Diane Bailey’s Blog

September 17, 2014

Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years.

Diane Bailey

Actually, that’s kind of worrisome, especially considering that if you don’t experience that disaster yourself, your kids probably will. This is one of the many absurd elements showing Valero’s cavalier attitude toward public safety in the draft Environmental Impact Report (EIR) for its proposed crude by rail project, for which public comments were due this week. The hazard analysis in this report is also a serious underestimate, according to the State among many others: The California Public Utilities Commission notes the serious failure of Valero to address the “potential for tragic consequences of crude oil tank car ruptures” from its proposed Crude by Rail Project.

This dangerous crude project is so riddled with problems that many communities up-rail are now voicing serious concern. The City of Sacramento highlights the high concentration of people around the rail freight lines (“more than 147,000 City residents live within ½ mile”) serving the “Valero Benicia refinery [which] is one of two California refineries that are in the process of securing permits to build rail terminals to import Canadian tar sands and Bakken crude oils.” (emphasis added) And the City of Davis suggests that the “highest levels of protection [be implemented] before disasters such as hazardous material releases and explosions occur [so that] we can avoid having such disasters in the first place.”

Benicians for a Safe and Healthy Community explain why the project is fatally flawed with 132 pages of concerns. Valero’s crude by rail proposal is like so many other projects popping up all over the nation in a mad rush to access cheaper, extreme and dangerous crude oils, with little regard for public health or safety. This project is a total disaster (based on NRDC, CBE and other comments) because it brings:

More Refinery Pollution: Bringing in extreme crudes like tar sands and fracked Bakken crude will only increase refinery pollution. Valero’s Benicia refinery already releases 70 percent more toxic chemicals than the average for California.
Toxic Plumes Along Rail Lines: This thing called “crude shrinkage” happens during transport, where entrained gases escape, leading to a 0.5 to 3 percent loss of crude oil. It’s a big problem for volatile crude oils like Bakken, and coupled with the high benzene levels found in some North American crudes (up to 7%), it creates a serious toxic plume around rail lines. For instance, we estimate over 100 pounds per day of excess benzene emissions from the Valero proposal in the Bay Area (or 1800 times more than the draft EIR reports).
Extreme Crudes are Dangerous: Valero and other oil companies pretend that they can mix extreme crudes like tar sands and fracked Bakken into the ideal “Alaskan North Slope look-alike” crude, which sounds great, except that it doesn’t work that way in reality. Both Bakken and tar sands carry their dangerous properties into any crude oil blend making it more volatile, toxic, and corrosive.
CBR Terminals at Refineries Amplify the Hazard: Valero proposes to site its crude by rail unloading facility within 150 feet of a number of very large refinery tanks that store highly flammable and potentially explosive material. If a derailment occurred at the terminal, it could set off a chain reaction of fire and explosions at the refinery. And there have been three derailments in Benicia outside the Valero refinery in the past year; luckily those trains were carrying petroleum coke, not crude oil.
Risk of Catastrophic Accidents All Along the Rail Route: Valero’s “Barkan report” that estimates a release only every 111 years from the proposed 100 daily tank cars carrying crude is absurd for many reasons. Most egregious is that it fails to consider recent data, like the six major crude oil train accidents over the past year that have resulted in massive fireballs and destruction, including 47 casualties in Lac Mégantic. The safety risks to tens of thousands of people living around these freight rail lines remains grave.

The oil industry has been promoting “look-alike” crudes that attempt to mimic conventional crude by blending extreme bottom of the barrel crudes. The mile-long trains laden with these extreme crudes are a Trojan horse that puts millions of Californians at risk and threatens to undo several decades of environmental progress. We need a moratorium on all new crude by rail projects, including Valero-Benicia, until the state can assess the cumulative impacts of these projects, make sure environmental impacts are fully mitigated and assure communities that they will be safe.

Bakken Crude, Bridge safety, California Public Utilities Commission, Crude By Rail, Federal Regulation (U.S.)

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

September 20, 2014 Roger Straw

Repost from ALLGOV.com

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

By Ken Broder, September 18, 2014

The California Public Utilities Commission (CPUC) estimates there are about 5,000 railroad bridges in California, but doesn’t really know for sure. They are privately owned and inspected and were off the public radar until oil companies started shipping dangerous crude by rail to California refineries in increasingly large quantities.

Governments are not ready to have volatile loads of cargo rolling through sensitive habitats across the state, much less through heavily-populated metropolitan areas. But help is on the way. In March, the CPUC requested funding (pdf) for seven inspectors to specifically handle oil-by-rail, and two of them would focus on bridges.

The Contra Costa Times reported last week that the two inspectors have not yet been hired, but when they are, they will be the only two inspectors checking out the bridges. They will be assisted in their task by the sole federal inspector assigned to the area―an area that includes 11 states.

One of their first jobs will be to find the bridges. There is no comprehensive list. Judging by some industry comments, there may be some reluctance on the part of rail owners to provide all the information the government might ask. Bridge consultant and former American Society of Civil Engineers President Andy Hermann told the Times that the companies kept bridge data secret for competitive reasons.

But not to worry. The owners already do a good job of maintaining the bridges because, in Hermann’s words, “There’s a very strong profit motive to keep the bridges open. Detours will cost them a fortune.” In other words, this would be a situation where a company does not make a risky decision based on short-term, bottom-line considerations that could adversely affect the well-being of people and the environment.

In a report (pdf) to lawmakers on rail safety last December, the CPUC called California’s rail bridges “a potential significant safety risk.” It said most of them “are old steel and timber structures, some over a hundred years old.” Big rail companies tout their safety programs but the report points out often these bridges are owned by small short line railroads “that may not be willing or able to acquire the amount of capital needed to repair or replace degrading bridges.”

That’s bad, but not AS bad when the rail shipments aren’t volatile oil fracked from North Dakota’s Bakken formation, loaded on old rail cars ill-equipped to handle their modern cargo. Federal regulations to upgrade the unsafe cars will probably take at least a few years to complete.

When safety advocates talk about the dangers of crude-by-rail, they invariably cite the derailment last July in Quebec that killed 47 people, burned down 50 buildings and unleashed a “river of burning oil” through sewers and basements. But the Times reached back to 1991 for arguably California’s worst train derailment, albeit sans crude oil.

A train in Dunsmuir, Siskiyou County, fell off a bridge and dumped 19,000 gallons of a concentrated herbicide into the Sacramento River. Fish and vegetation died 45 miles away. Some invertebrate species went extinct. Hundreds of people required medical treatment from exposure to the contamination.

Railroads are carrying 25 times more crude oil nationally than they were five years ago. Most oil in California is moved via pipeline or ship. In 2012, only 0.2% of the 598 million barrels of oil arrived by rail in California. But the California Energy Commission (CEC) has said it expects rail to account for a quarter of imports by 2016.

Earthjustice, an environmental advocacy group, does not want safety measures to amble down the track years after the crude roars through. Its lawyers joined with the Sierra Club and ForestEthics to file a lawsuit in federal court last week to force a U.S. Department of Transportation (DOT) response to a July legal petition seeking a ban on the type of rail cars that derailed and exploded in Quebec.

A week ago, a San Francisco County Superior Court judge told Earthjustice and other environmental groups they couldn’t sue to halt deliveries of crude oil to a rail terminal in Richmond because the deliveries had been legally permitted by the state―without public notification―and the 180-day deadline to appeal had quietly passed.

California Environmental Quality Act (CEQA), Cool Davis, Draft EIR, Valero Crude By Rail

Cool Davis: a final landslide of important letters on Valero DEIR

September 19, 2014 Roger Straw

Repost from Cool Davis

Valero DEIR Comments are Successful

By Lynne Nittler

Lynne Nittler led the Davis effort to send comment letters on the Valero DEIR.

The DEIR comments for the Valero Crude-by-Rail Project in Benicia closed on September 15, with a final landslide of important letters critical of the project arriving on the last day. Attorneys and others who have looked at the quality and quantity of the comments submitted believe at the very least the DEIR will have to be significantly revised to address the many serious issues raised, and then recirculated. They expect the analysis to take many months.

This is an example of an entire region coming together to respond to a serious threat to our safety and taking advantage of the California Environmental Quality Act (CEQA) process to voice our many concerns before the project proceeds. The process is respectful and orderly, and allows governmental agencies, environmental organizations, and individuals all to respond. The responses range from detailed technical analysis of many pages according to the expertise of the agency, often relying on expert scientists and sometimes policy, to more personal or general concerns from the public at large. In addition, public testimony was taken at three lengthy Planning Commission meetings in July, August, and September, all of which can be accessed at the city site below. Finally, the Benicia Planning Commissioners themselves submitted written comments.

CEQA is a stunning example of democracy in action, and in the case of the Valero Crude-by-Rail Project, all concerned parties utilized the channel available to them to look closely at the short and long-term impacts of Bakken Crude and tar sands bitumen entering the state of California via rail.

All comments are added to the public legal record and incorporated as part of the review of the DEIR, and thus all concerns must be addressed in the final EIR. Furthermore, any item entered in the record can be used in future litigation.

The comments can all be read by order of the dates they were submitted at here In each batch posted, the organizations are listed first, followed by letters from individuals. Be patient, as the large files are slow to open. An easier, faster site to view the submissions can be found here

A few highlights of the hundreds of pages of commentary follow.

Governmental Agencies:
In the Sacramento region, our governmental agencies stepped forward on our behalf. Yolo County addressed the concern of the magnitude of an accident should one occur, among a range of other considerations about transport over the causeway. Read them here.

The Sacramento Area Council of Governments (SACOG) on behalf of 22 cities and 6 counties raised a series of concerns including advance notification to emergency operations offices of crude oil shipments, limitations on storage of crude oil tank cars in urbanized areas, funding for training and outfitting emergency response crews, installing the best brakes to minimize risks, funding for rail safety projects, installing Positive Tran Controls to prevent accidents, and prohibiting shipments of unstabilized crude oil that has not been stripped of the most volatile elements (including flammable natural gas liquids). Read the full letter here.

The City of Davis concurred with the SACOG and County of Yolo letter concerns and added some specific considerations for trains passing through Davis. In particular, the letter states that the DEIR’s Project description is incomplete and misleading as written, given information about the use of 1232 tank cars and assumptions about “just-in-time” supply chain and the significant sidings that could be used for storage.

The letter also states that the DEIR inadequately describes the project setting as it gives no details about all the uprail cities the trains must pass through with their crude oil loads. Next, the DEIR improperly truncates its description of the project setting by ending the description at Roseville, when at the least the route should be studied to the California borders or better yet to the source of extraction. Clearly the source of the crude does pose a significant hazard to uprail communities that must be addressed in the DEIR.

The Project’s Significant Hazard Risk Requires Feasible Mitigation Measures which are not explored in the present version, and the Davis letter presents a list of possible mitigations. Finally, the City insists that the DEIR fails to analyze the cumulative impacts of the Project given the imminent plans for more daily crude oil trains. Read the full letter here.

The California Public Utilities Commission in conjunction with the Office of Spill Prevention and Response also commented at some length on the DEIR, submitting their letter on Governor Brown’s letterhead. Read the full letter here. The letter addresses issues about the length of track analyzed, the derailment and accident calculations, the legal enforceability of the Valero commitment to use CPC- 1232 tank cars, the total derailments attributable to the project, insufficient attention paid to potential consequences, assumption regarding the number of cars expected to derail and other areas.

Many other governmental agencies including several Air Quality Management Districts wrote letters examining aspects of the DEIR. Just browse the commentary postings.

Environmental Groups
The Natural Resources Defense Council Document is a must read for the environmental group letters submitted! It clearly lays out so many of the flaws with the DEIR! Rather than a summary, go right to the document here!

For a technical review, check in to Communities for a Better Environment or read the San Francisco Baykeeper’s review, or technical reviews by other experts here.

Last but not least, read the letters from Cool Davis on Greenhouse Gas emissions and from 350 Sacramento at the link above.

Individual comments
Finally, many dozens of residents did their best to add their voices commenting on their personal concerns, whether or not they attended the five workshops offered. Some wrote of living close to the railroad tracks and their worries of a derailment and explosion. Others pointed out the noise and vibrations of the daily mile-long trains of heavy tank cars. Others wrote about the potential danger of crude oil trains on tracks that run through areas with earthquake fault lines, and many asked probing questions about the liability and who would cover the costs of accidents and spills. Many were concerned about our water supply as trains cross the mountains and our major rivers. A few raised questions about the cumulative impact of the Valero daily trains in the context of the proposed daily train to Phillips 66 Santa Maria refinery in San Luis Obispo County whose DEIR is to be released this month.

Next Steps
The review period for the federal Department of Transportation proposed safety rules remains open to public comment through September 30. A petition from ForestEthics is available for signatures through September 21.

The DEIR for the proposed recirculated DEIR for the Phillips 66 Rail Spur Project for the Santa Maria refinery in San Luis Obispo that will bring 80 tank cars of crude oil through Davis each day will be released mid-September for a 60-day review period. Watch Cooldavis.org and Yolanoclimateaction.org for ways to respond during the comment period.