All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

The risk to Lake Champlain

Repost from The Burlington Free Press
[Editor: What do pristine California waters and Lake Champlain (in upstate New York) have in common?  Would you believe oil trains?  – RS]

The risk to Lake Champlain

 Mike Winslow, August 15, 2014

The sound of trains clacking along the rails that abut Lake Champlain has become more common with the dramatic increase in freight traffic attributed to fossil fuel extraction.

Each week approximately 60 million gallons of oil travel along the lake carried by 20 trains with up to 100 cars each. Nearly half of these shipments carry the volatile Bakken crude.

The U.S. meets 66 percent of its crude oil demand from production in North America with tremendous growth in outputs from Canada and the Bakken oil fields of North Dakota. In October 2013, U.S. crude production exceeded imports for the first time since February 1995.

Oil produced from the Bakken fields is light. That means it flows easily, but it also means it is more volatile and flammable.

As a result, the potential property damage and loss of life associated with rail accidents involving Bakken oil is higher than oil from other sources.

In January, two federal agencies issued a safety alert warning of these risks.

The alert was triggered by a series of devastating accidents. Federal Railroad Administration statistics suggest that on average, at least one car slips off the tracks every day. There have been six major derailments since the beginning of 2013.

The most infamous occurred July 5, 2013, in Lac Megantic, Quebéc. An improperly secured train rolled on its own, and 63 cars derailed near the center of town, leading to multiple explosions and fires, evacuation of 2,000 people and 47 deaths.

There have been unsettling precedents:

• October 19, 2013: 13 tank cars derailed in Alberta leading to evacuation of 100 residents. Three cars carrying propane burned following an explosion.

• November 8, 2013: 30 cars derailed in a wetland near Aliceville, Alabama and about a dozen were decimated by fire.

• December 30, 2013: two trains, one carrying grain and one oil, collided in Casselton, North Dakota. Twenty of the oil train cars derailed and exploded leading to evacuation of 1,400 people.

• January 7, 2014: 17 cars derailed in New Brunswick and five exploded leading to evacuation of 45 people.

• January 20, 2014: Seven cars derailed on a bridge over the Schuylkill River in Philadelphia, though no oil leaked.

• More recently, 15-17 cars derailed in Lynchburg, Va., on April 30. Three fell into the James River and one burst into flames. There were no injuries, but 300-350 people had to be evacuated, and oil leaked into the James River. The state estimated 20,000 to 25,000 gallons escaped during the wreck.

Our region is no stranger to train derailments. In 2007, a northbound Vermont Railways freight train derailed in Middlebury, spilling gasoline into Otter Creek and leading to the evacuation of 30 streets in the vicinity.

Trains have also derailed along the Lake Champlain route. In 2007, 12 cars derailed near Route 22 in Essex, N.Y., the same stretch of tracks now carrying volatile oil.

Concern over the state of North American freight rail safety predates the increase in oil shipments.

In 2006 the Toronto Star ran a five-part series on rail safety. The newspaper noted, “Canadian freight trains are running off the rails in near record numbers and spilling toxic fluids at an alarming rate, but only a tiny fraction of the accidents are ever investigated.”

The greatly increased traffic in oil has further strained railroad infrastructure. According to an article in Pacific Standard Magazine, 85 percent of the 92,000 tank cars that haul flammable liquids around the nation are standard issue DOT-111s. They have been referred to as “Pepsi cans on wheels.”

These cars are built to carry liquids but lack specialized safety features found in pressurized tanks used for hauling explosive liquids. The industry has agreed to include additional safety features in any new cars put on the tracks, but since rail cars have an economic life of 30-40 years, conversion to the newer cars has been slow.

One relatively new risk is the predominance of “unit trains.” These are long series of cars all shipped from the same originating point to the same destination.

Often the cars will all carry the same product. It used to be that oil cars were mixed in with other freight cars bound for different locations. Unit trains are a greater risk in part because safety standards are based on the carrying capacity of a single car and don’t account for the greater volumes that unit trains can transport.

The National Transportation Safety Board, an independent federal agency charged with investigating accidents, has called on the Federal Railroad Administration to change this standard.

Recently, an oil company submitted plans to build an oil heating facility in Albany, N.Y. The facility would be used to heat oil shipped via rail. The oil would then be transferred to barges and floated to refineries.

If permitted, a heating facility would draw increased transport of Canadian tar sands, which needs to be diluted or heated for loading or unloading, through the Lake Champlain region.

In contrast to Bakken field oil, tar sands oil is heavy. Cleanup of tar sands oil following accidents is extremely challenging. The oil sinks rather than floating, making containment difficult.

When a pipeline carrying tar sands oil broke near Kalamazoo, Mich., 850,000 gallons spilled. The resulting cleanup cost more than $1 billion (yes, $1 billion), and costs were “substantially higher than the average cost of cleaning up a similar amount of conventional oil,” according to a report prepared by the Congressional Research Service.

In November 2013, the New York Department of Environmental Conservation declared the proposed facility would have no significant environmental impacts.

However, public outrage led the department to reconsider that declaration, expand the public comment period and seek additional information from the proponents.

Still, the additional requested information touches only the tip of the facility’s impacts on the region. The facility should undergo a full environmental impact review that includes potential impacts on freight shipping throughout the region including along Lake Champlain.

In July, the Department of Transportation proposed new rules on rail safety. They include a phase-out of DOT-111s during the next few years, tightened speed limits, improved brakes and permanent requirements for railroads to share data with state emergency managers.

The federal department is accepting comments on the proposed rules until Sept. 30 and hopes to finalize them by the end of the year.

It’s a step in the right direction, but way too slow on getting rid of these risky cars. Delays in updating standards puts people, communities, Lake Champlain and other waterways at risk. The administration needs to act before another disaster like what occurred in Lac Megantic occurs here or elsewhere.

Train whistles echoing off the waters of the lake should elicit wistful thoughts of faraway places, not shudders of dread.

Mike Winslow is the staff scientist at Burlington-based nonprofit Lake Champlain Committee.

Rail concerns

A forum on rail transportation of crude oil along the western shore of Lake Champlain is planned for 7 p.m. – 9 p.m. on Aug. 24 at Plattsburgh City Hall.

For more information, contact the Lake Champlain Committee at lcc@lakechamplaincommittee.org or (802) 658-1414.

Big oil: influence peddling in California and the Bay Area

Repost from Air Hugger
[Editor:  Global Community Monitor‘s excellent blog, Air Hugger, has been around since early 2010.  Tamhas Griffith’s piece is a thorough exploration of the oil industry’s influence over local, regional and California government officials.  See especially his expose on the behavior of Jack Broadbent, Chief Air Pollution Control Officer of the Bay Area Air Quality Management District.  – RS]

Influence

By Tamhas Griffith, August 14, 2014

Recently I have been spending more time in city and county meetings where the topic is theoretically how local government will regulate the activity of a local refinery – which is actually a multi-national multi-billion dollar entity with a local franchise.  Somehow during these meetings the regulation of health and safety of the community always seems to take a back seat to jobs and money.

We all know  one thing that these big oil companies have is a lot of MONEY. For example, the 2013 profits for the BIG 5 oil companies, you know, BP, Chevron, Conoco Phillips, ExxonMobil, and Shell­­­­­­ – were $93.3 billion last year! That’s $177 G’s  per minute.

Admittedly, Big Oil companies do have some expenses. But where they are spending this money Top 5 oil co graphmay surprise you.

Over the past 15 years, Big Oil spent $123.6 million to lobby Sacramento and $143.3 million on California political candidates and campaigns. I wouldn’t know from experience but I’d bet you can make a lot of friends with that much money dropping out of your pockets, year after year.

These friends might attach more importance to Big Oil’s concerns about over-regulation than they would to a resident who might not have the funds to contribute to anyone’s campaign fund.

A recent report by the Alliance of Californians for Community Empowerment Institute (ACCE) and Common Cause, “Big Oil Floods the Capitol: How California’s Oil Companies Funnel Funds into the Legislature,” speaks to the extreme power of the Oil and Gas Lobby, as well as the Western States Petroleum Association (WSPA) in Sacramento.

Dan Bacher, California Central Valley reporter for IndyBay, in his review of the report, noted that the

“fact that the oil industry is the largest corporate lobby in California, one that dominates environmental politics like no other industry“ makes California “much closer to Louisiana and Florida in its domination by corporate interests.”

Another way oil companies grease the wheels of influence is through their charitable giving in local oil and gas lobbycommunities. Where I live in Martinez, the yellow Shell refinery logo is on virtually all city events including our local Earth Day celebration located at the historic home of iconic environmentalist John Muir.  In Richmond, Chevron ladles out millions of dollars to local social services nonprofits working with low-income Richmond residents while simultaneously polluting their community.

These kinds of donations seem  to  reduce  short term costs for the local government, but there is a very real long term cost as well.

And one of the most insidious dynamics is that city budgets are structurally reliant on tax revenue from refineries.   According to the Contra Costa Times, “tens of millions in Chevron tax revenue bolster the [Richmond] city budget, providing police and other services that similarly sized cities in Contra Costa County can only dream about.”

It certainly seems like Big Oil has a stranglehold on California politics and regulatory agencies. Recently, the Bay Area Air Quality Management District (BAAQMD) came out in favor of Chevron’s expansion project.  After being advised by members of the Stationary Source committee that the appropriate behavior would be to merely answer questions at the Richmond meetings, BAAQMD Chief Air Pollution Control Officer, Jack Broadbent, chose to sign up as a speaker at both Richmond public meetings. He spoke in favor of the Chevron project and formally stated that there was no scientifically feasible way to mitigate condensable particulate matter for the Chevron project. This kind of emission from refineries is composed of carcinogenic particles about 1 micron in width that can lodge deep down in your lungs – see reference below.

microns

Prior to the two Richmond meetings, it had been clearly spelled out for the BAAQMD Stationary Source committee by multiple experts (with Broadbent present) that there was a mitigation technique (SCAQMD FEA Rule 1105.1) that would lessen pollution in Richmond by some 56 tons of the worst stuff you can breathe per year. And it has been mitigated since 2003 in the South Coast Air Quality Management District. So, choosing not to mitigate the really dangerous stuff pouring out of Chevron, like cancer-causing condensable particulate matter, is an impossible conclusion to reach by the authority charged with air quality control. Especially when you know otherwise. This is a 56 ton stain on the BAAQMD board and staff. And 56 tons of micron sized particles are unnecessarily heading for the lungs of the men, women, children, and animals that live or work in Richmond over the next year.

Is anyone at these BAAQMD meetings pushing for cleaner air except the community rights advocates?  What influence removes the teeth from the bill, waters down the regulation at the last minute, and causes people to lose their most basic moral compass?  A healthy community and environment should always be the priority.  And nothing should influence you to believe otherwise.

-Tom Griffith, Martinez Environmental Group, August 14, 2014.

Latest Public Comments on Valero Crude By Rail Draft EIR

Public Comments on Valero Crude By Rail DEIR – August 6-14, 2014

August 15, 2014 Roger Straw

The City of Benicia has posted on its website new comments received from August 6 through August 14.  See new public comments here:  Public Comments August 6-14, 2014 (52 pages, 3.0MB).

In addition to many comments from Valero supporters, you will find excellent critical comments from those of us who oppose the project and who have carefully examined the Draft EIR.

The public has until September 15 to submit comments on the DEIR.  For resources in framing your comments, see http://safebenicia.org/basic-information/downloadable-resources/.

The DEIR itself may be studied here, and an extensive library of previously submitted public comments may be studied here.

Canada may require new electronically controlled brakes (and other measures) for oil trains … by 2020

Repost from the Globe and Mail, Ottawa, Canada
[Editor: Significant quote: “Electronically controlled air brakes are favoured by some rail-safety advocates because they allow an engineer to apply the brakes on all of a train’s cars at the same time – regardless of how close they are to the locomotive.  In contrast, traditional air brakes rely on a signal that begins from the locomotive and moves car by car toward the back of the train. On longer unit trains such as those typically used to haul crude oil, rail cars near the back of the train won’t receive the signal as quickly, increasing the risk of a derailment when the brakes are applied suddenly.”  – RS]

Putting the brakes on train derailment

By Kim Mackrael, Aug. 15 2014

The federal government is mulling a plan to require new electronically controlled air brakes for rail cars that haul dangerous goods such as crude oil and ethanol after a series of explosive oil-train derailments in Canada and the United States.

A consultation document sent to the railway transportation industry last month laid out Transport Canada’s proposal for a new class of tank car, including the new air brake system and full head shields to prevent punctures. Older-model DOT-111 tank cars have been heavily criticized as prone to puncture and corrosion.

Electronically controlled air brakes are favoured by some rail-safety advocates because they allow an engineer to apply the brakes on all of a train’s cars at the same time – regardless of how close they are to the locomotive.

In contrast, traditional air brakes rely on a signal that begins from the locomotive and moves car by car toward the back of the train. On longer unit trains such as those typically used to haul crude oil, rail cars near the back of the train won’t receive the signal as quickly, increasing the risk of a derailment when the brakes are applied suddenly.

Don Ross, who led the Transportation Safety Board’s investigation into last year’s rail disaster in Lac-Mégantic, Que., said the agency generally supports the use of the electronically controlled brakes because they can improve rail safety, particularly on longer trains. “It’s encouraging, now, that they’ve got out for discussion a very good standard,” Mr. Ross said in a recent interview.

“We would be very happy to see the industry adopt that.”

Transport Minister Lisa Raitt told The Globe and Mail on Friday that she had already begun consultations on the matter, but has so far heard that the industry does not believe electronically controlled air brakes are necessary. “The ones that I’ve been speaking to say it’s too difficult to implement in the North American market,” Ms. Raitt said, adding, “That’s the consultation so far, but we’re still gathering information right now.”

One concern with electronically controlled brakes is that the system would need to be installed on all of a train’s cars for it to function properly, a factor that would limit railways’ flexibility in assembling longer or mixed trains.

In addition to the new air brake system, the proposed new standard includes full head shields to prevent puncture, improved top-fitting protection for the pressure release valve, mandatory thermal jackets to prevent overheating, and new standards for bottom outlet valves to prevent leaks during an accident.

The standard goes beyond requirements announced in April for a three-year phaseout or retrofit of pre-2011 tank cars used to haul crude oil. Those rules included half-head shields, top-fitting protection and thicker steel.

The new proposal would give industry until May, 2020, to start using the next-generation cars to move the most dangerous flammable liquids, classified as Packing Group 1. New or retrofitted cars would be required for moderately dangerous flammable liquids by May, 2022, and for all flammable liquids by May, 2025.

A spokesperson for Canadian Pacific said on Friday that the company is evaluating Transport Canada’s proposal, but did not comment on any specific aspect of the proposed change. Canadian National said it is reviewing the proposal and would provide comments to the regulator as part of the consultation process.

Last month, U.S. regulators issued three possible requirements for next-generation DOT-111 tank cars.

The toughest standards proposed by the U.S. are similar to the Transport Canada proposal and include electronically controlled air brakes.