Right-wing California lawmaker sees oil train regulation as DOT green conspiracy

Repost from The National Journal

Lawmaker: Regulators’ Oil-Train Safety Push Could Be Climate-Change Policy in Disguise

A California Republican who calls global warming a “fraud” believes the Transportation Department may be trying to curb use of fossil fuels.
By Ben Geman, September 9, 2014
Scorched oil tankers remain on July 10, 2013 at a derailment site in Lac-Megantic, Quebec.(Steeve Duguay/AFP/Getty Images)

A House Republican suggested the Transportation Department is hiding a stealth global-warming policy behind the guise of a rail-safety crackdown.

Federal regulators are writing new safety standards for trains that carry crude oil from North Dakota’s Bakken shale formation, part of a broader regulatory initiative that follows a string of derailments and explosions on trains shipping the fuel. The regulators have increased their focus on the flammability of the fuel, as well as other risks of moving it by rail.

But Republican Rep. Dana Rohrabacher of California sees an ulterior motive: an effort to cripple fossil-fuel development in the name of a global-warming “theory.”

Rohrabacher, who has called global warming a “fraud,” leveled the charge at senior Transportation Department regulator Timothy Butters during a House Science Committee hearing on oil from the Bakken formation, which is moving around North America by rail in large volumes.

The agency’s efforts, Rohrabacher said, are “perhaps a facade to obtain what we clearly have as a goal of this administration, which is to reduce America’s use of fossil fuel, even though it is now being presented to us as something about safety.”

Rohrabacher accused Butters of refusing to answer direct questions during the hearing, during which panel Republicans challenged his department’s flammability assessment of the Bakken crude.

“You just won’t answer anything … because the agency may be involved in a play based on global-warming theory, trying to, again, suppress the usage and the use and availability of fossil fuels, and letting that be in the background, forcing situations and forcing people like you to have to go through those verbal acrobatics not to answer a question,” Rohrabacher told Butters.

Butters, who is the deputy administrator of the Transportation Department’s Pipeline and Hazardous Materials Safety Administration, disputed the allegation. He said that his agency is focused on the topic because of accidents—including last year’s derailment and explosion that killed 47 people in Lac-Mégantic, Quebec—and because of the amount of oil now moving around American railways.

His testimony noted, “At any given time, shipments of more than 2 million gallons are often traveling distances of more than 1,000 miles.”

“This material poses a risk. We are not trying to restrict the movement. We want to make sure that it moves safely. That is our role,” Butters told Rohrabacher.

“Energy and hazardous materials are critical to this nation’s economy. We strongly support that and we believe that. But our role is to ensure that this energy is moving safely through transportation. These crude-oil lines that carry these large volumes of flammable crude oil, which this material is, we need to ensure that it moves and it gets to its destination without incident,” he said.

The nation’s fracking boom has helped push North Dakota’s oil production above 1 million barrels per day, a five-fold increase over the last half-decade.

The federal Energy Information Administration, citing North Dakota Pipeline Authority data, says that between 60 percent and 70 percent of the oil produced there has been moved to refineries by rail during the first half of this year.

This article appears in the September 10, 2014 edition of NJ Daily.

Solano County to hold “Rail Safety Discussion” on Mon., Sept. 29, 6pm

Repost from SolanoCounty.com News Details
[Editor: this event has been referred to alternately as a “discussion”  a “forum,” an “information session,” a “public meeting,” and a “community conversation,”   Very little has been published to indicate that the County is eager to hear from the public at this meeting.  Nonetheless, governmental meetings always provide an opportunity for the public to be heard.  If you go, plan to learn something from emergency professionals, government officials and staff … and to offer your own sage advice on the best way to contain catastrophic emergencies….  – RS]

Rail safety discussion planned for Sept. 29

September 8, 2014

SOLANO COUNTY – How can emergency responders increase their capabilities to respond to potential incidents that could happen along the 73 miles of railway that cross Solano County?

That is the question to be discussed at an information session from
6 to 8:30 p.m. Monday, Sept. 29, in the Board of Supervisors Chambers at the County Administration Center, 675 Texas St. in Fairfield
.

“As we prepare for and anticipate the transportation of crude oil through our county, a community conversation about our preparedness and the potential impact from an incident is essential,” said Supervisor Linda Seifert.

The meeting’s objective will be to raise awareness of the existing safety measures already in place throughout the county and to identify potential gaps and mitigations based on potential changes in rail traffic.

Invited speakers include representatives from Valero, Union Pacific Railroad, Solano County Office of Emergency Services, the Solano County Fire Chiefs Association, and local air quality management districts. Congressman John Garamendi and state Senator Lois Wolk have also been invited to participate.

County officials said the timing of the event was two-fold. September is National Emergency Preparedness Month. In addition, the City of Benicia is considering an application that would allow Valero to receive and process crude oil delivered by rail.

“We know emergency responders from across the county, including the Hazardous Materials Response Team, are prepared for a wide array of potential incidents. Proposals to process crude oil delivered by rail will change the mix of materials coming into and passing through Solano County. It is only prudent for us to explore how to increase our capability to handle the risks associated with these changes,” Supervisor Seifert said.

STOP Crude by Rail signs being stolen and vandalized in Benicia

Repost from Stop Crude By Rail on Facebook

Stop Crude By Rail yardsignStop Crude by Rail yard signs and posters are being stolen off of personal property and vandalized at a pretty high rate in Benicia. Pretty bad behavior. Police reports have been made and we will replace any signs that have been taken. We have also reported this to the Benicia City Council – here is the video of that report.

If you would like a replacement of your sign or a new yard sign, please email Benicians for a Safe and Healthy Community at info@SafeBenicia.org.

Andres Soto speaking at Benicia City Council, 2014-08-26
Click on photo to hear Mr. Soto addressing the City Council on vandalized signs at the August 26 Benicia City Council meeting.
Vandalized large wooden sign, West Military and Southampton, Benicia CA
Vandalized large wooden sign, West Military and Southampton, Benicia CA

Contra Costa Times: Judge tosses out suit seeking to stop crude oil shipments by rail

Repost from The Contra Costa Times

Richmond: Judge tosses out suit seeking to stop crude oil shipments by rail

By Tom Lochner, Contra Costa Times, 09/05/2014

SAN FRANCISCO — A lawsuit by environmental groups seeking to stop shipments of crude oil by rail to Richmond was tossed out by a judge Friday on the grounds that it was filed too late.

Communities for a Better Environment, Asian Pacific Environmental Network, Sierra Club and Natural Resources Defense Council sued the Bay Area Air Quality Management District in March. The suit involved a Feb. 3 permit issued to Kinder Morgan to receive crude oil by rail at its Richmond trans-loading facility along the BNSF Railway tracks off Garrard Boulevard, where the oil is transferred to trucks.

Kinder Morgan Material Services LLC and Kinder Morgan Energy Partners LP were co-defendants.

Tanker cars sit on railroad tracks near the Shell Refinery in Martinez, Calif. on Monday, May 6, 2013. The Bay Area’s five refineries have moved
Tanker cars sit on railroad tracks near the Shell Refinery in Martinez, Calif. on Monday, May 6, 2013. The Bay Area’s five refineries have moved toward acquiring controversial Canadian tar sands crude through rail delivery. (Kristopher Skinner/Bay Area News Group)

The Feb. 3 permit amended a July 2013 permit that allowed Kinder Morgan to operate a denatured ethanol and crude oil bulk terminal. Ethanol is a volatile liquid derived from grain that is used as fuel or as a fuel additive, among other uses. The Feb. 3 amendments included modified testing procedures and standards for trucks. But the judge applied the 180-day statute of limitations to when the July 2013 permit was issued.

Both permits were issued ministerially and without environmental review.

Kinder Morgan has declined to say where the trucks are headed, citing confidentiality, but they are widely believed to be bound for the Tesoro Golden Eagle refinery in Martinez. Tesoro was an intervenor in the lawsuit, which had sought a preliminary injunction against further crude oil operations at Kinder Morgan and suspension of the air district permit pending a full review under the California Environmental Quality Act.

Earlier this year, a Tesoro spokeswoman confirmed the Martinez facility receives between 5,000 and 10,000 barrels per day of Bakken crude, a light, flammable variety named after oil fields in North Dakota and adjacent areas. That amount is equivalent to about two to four trains per month, the spokeswoman said, and is received through a “third-party facility” that she did not identify.

Air district counsel Brian Bunger hailed Friday’s decision as “a correct application of the law.”

“We’re pleased with the outcome,” Bunger said.

Air district spokeswoman Lisa Fasano said late Friday that “The Air District will continue to work with state legislators and policy makers regarding where and how crude oil is transported into the region for refining.”

But Earthjustice blasted the dismissal, saying it allows Kinder Morgan and the air district to “get away with opening (Richmond) to crude oil transport by rail without public notice.”

“This is just how the agencies and industry wins — hide the information, make the change under the cover of night, and hope people don’t notice while the clock winds down on any hope to stop these dangerous and callous developments,” Earthjustice attorney Suma Peesapati said in a news release. “What’s worse is this emboldens other companies to do the same thing and hide their switch to crude oil.”

Kinder Morgan spokesman Richard Wheatley said his company is “satisfied with the outcome.”

“It was a well-reasoned and thoughtful decision by the judge,” Wheatley said in an email Friday. “We look forward to continuing to serve our customers safely and reliably.”

Tesoro did not immediately respond to a request for comment.

Responding by email Friday, Contra Costa County Supervisor John Gioia, who sits on the air district board, said: “Despite this case’s dismissal, I remain concerned about the safety of transporting Bakken Crude and believe it’s important for the Federal Government to strengthen safety standards.”