Outdated tank cars carry explosive crude in NY; feds seek refit

Repost from lohud.com, the Journal News
[Editor: Check out the map of rail routes in NY State showing schools, hospitals and shopping centers along the oil train tracks.  (Zoom in on the area about 35 miles north of New York City.)  – RS]

Outdated tankers carry explosive crude; feds seek refit

Khurram Saeed, August 16, 2014

When you see an oil train roll by, you’re probably looking at a DOT-111 tank car.

The DOT-111s are an industry workhorse. They’ve been around for decades and make up 68 percent of the 335,000 tank cars in active use.

Until recently, the non-pressurized cars weren’t used to haul oil. That changed with the Bakken oil boom and when rail became the modern-day pipelines.

The federal government now wants the industry to retrofit or replace them over the next two years in the name of safety. Currently, 100,000 DOT-111s move crude oil and ethanol but only 20,000 meet the latest safety standards, making the older models susceptible to ripping open in a derailment or collision.

Railroads like CSX own fewer than 1 percent of the tank cars; most are owned by the oil industry and leasing firms, the Association of American Railroads says.

The U.S. Department of Transportation wants new tank cars to have thicker outer shells, thermal protection, a full-height head shield, rollover safeguards for top fittings and removable handles on valves that protrude from the bottom of the cars to reduce the risk of opening in an accident.

Eric de Place, a policy director at Seattle-based think tank Sightline Institute, said the valves, which are used to drain fluid, likely would remain even though federal investigators have found they can shear off or open in derailments, causing the car’s contents to spill and possibly catch fire.

“Generally speaking, the oil producers — abetted by the oil shippers and the railroads themselves — have encouraged a go-slow approach to upgrading safety standards,” de Place wrote in an email. “They are principally concerned that requirements to use new tank cars or to retrofit existing ones would cost money and reduce the fleet available to move oil in the near term.”

Phil Musegaas, Hudson River program director for Riverkeeper, said the rules do not go “nearly far enough” to protect the public and the environment, and include loopholes. He said the safer tank cars would only have to be used on trains that have 20 or more rail cars hauling flammable liquids.

“If they don’t like these safety standards, they can continue to ship oil in mixed trains with 19 older DOT-111s on them,” Musegaas said. “It doesn’t take 20 of these cars to cause a horrific accident.”

Riverkeeper and other environmental groups have called on the DOT to ban use of the tank cars immediately, citing an imminent risk to the public.

“How we ship this oil can be figured out later,” Musegaas said. “We need to protect communities that live near these oil trains.”

Sen. Charles Schumer, D-N.Y., has been calling for stricter standards for the “dangerous, crude-carrying” DOT-111s since last year.

“These much-needed regulations will phase out the aged and explosion-prone DOT-111 tanker cars that are hauling endless streams of highly flammable crude oil through Rockland and Westchester counties and lead to commonsense safety measures — like speed limits, new braking controls and standards for a safer tank car — that will further safeguard local communities,” Schumer said.

A newer-model tank car known as the CPC-1232 features many of the higher standards the DOT is seeking but they are not invincible. On April 30, a 105-car CSX oil train derailed in Lynchburg, Va.  Several of the 17 tank cars that went off the track fell into the James River, and a CPC-1232 spilled about 30,000 gallons of Bakken crude oil, causing a massive fire. No one was injured.

The National Transportation Safety Board, which raised issues about the DOT-111s several years ago, said it has concerns about the newer tank cars.

“We have found that the 1232 is also not as robust as is needed,” NTSB spokesman Eric Weiss said.

Oil-by-rail project for shut California refinery near approval

Repost from Reuters
[Editor: Significant quote: “…proposals have faced lengthy delays for comprehensive environmental reviews, public input, and revisions.  Valero Energy Corp, the largest U.S. refiner, postponed its plans to send crude by rail to its San Francisco-area refinery because of such delays, and withdrew permit applications for a similar project at its Los Angeles plant….’I think Bakersfield is probably the best place to build a rail facility in California, because it’s not sitting in San Francisco or LA, and it has access to pipes going north and south. It just seems like it’s going to be a struggle to develop rail in other locations,’ Plains’ Chief Operating Officer Harry Pefanis told analysts in May.”  – RS]

Oil-by-rail project for shut California refinery near approval

Kristen Hays, August 15 2014

(Reuters) – The first new crude-by-rail project at a California refinery is likely to win approval next month after more than a year of scrutiny, the head of the Kern County planning division told Reuters, and it could help reopen the shuttered plant.

The facility at independent refiner Alon USA Energy Inc’s Bakersfield plant would increase crude offloading capacity to 140,000 barrels per day from its current 13,000 bpd and open up significant access to cheaper inland U.S. and Canadian crudes.

Alon’s Bakersfield plant is in Kern County, home to about 65 percent of all California oil production, where crude has been produced for more than a century.

Alon shut the 70,000 bpd Bakersfield refinery in late 2012 because its reliance on more expensive imports and lack of access to other crudes without significant rail rendered the plant unprofitable.

Other California refiners also struggle with profitability because of reliance on expensive imported crude and costly fuel manufacturing regulations in the biggest gasoline market in the country.

“We’re supportive of what Alon is doing with this refinery,” said Lorelei Oviatt, director of the county’s planning and community development department. “This refinery is not operating at full capacity. We would like to see this refinery operating at full capacity.”

Alon didn’t respond to requests for comment.

The Alon project is among several proposed at California refineries, some of which face growing opposition in light of a spate of crude train crashes in the past year as the U.S. oil boom sent amounts of crude moving by train soaring.

The worst by far was in Quebec in July last year when a runaway crude train exploded in the town of Lac-Megantic, killing 47 people.

Several California refiners, largely isolated by the Rocky Mountains from the growing cheap bounty from oilfields in Texas, North Dakota and Canada, want to tap those sources via rail because no major pipelines carry crude from those areas into the Golden State, nor are any planned.

More than half of the 1.7 million barrels of crude processed by California refiners each day is imported.

But proposals have faced lengthy delays for comprehensive environmental reviews, public input, and revisions.

Valero Energy Corp, the largest U.S. refiner, postponed its plans to send crude by rail to its San Francisco-area refinery because of such delays, and withdrew permit applications for a similar project at its Los Angeles plant.

Kinder Morgan Energy Partners operates the state’s most substantial oil-by-rail facility at a terminal in Richmond, which handles up to 72,000 bpd. Local planners last year approved, without an environmental review, a revised ethanol offloading permit to allow the terminal to handle crude. But opponents are suing to temporarily shut it down and force that kind of review.

Tesoro Corp faces similar growing opposition for a 360,000-bpd railport project in southwest Washington state that could ship crude to California refineries by tanker.

That could let California refiners – which includes Tesoro’s Los Angeles-area plant – replace more than 40 percent of more expensive imported oil with North American crudes if all of it were shipped to the state.

Alon is considering possibly leaving the Bakersfield refinery shut and running the facility as a rail and logistics terminal.

If the refinery remains shut, the rail operation would be similar to a separate 70,000-bpd oil-by-rail facility Plains All American plans to open in October and eventually expand to 140,000 bpd. That project was approved two years ago before it was acquired by Plains.

Alon bought the Bakersfield plant out of bankruptcy in 2010 from Flying J Inc, which had shut it in early 2009 shortly after seeking bankruptcy protection. Alon restarted the hydrocracker in the summer of 2011, but operational problems led to more shutdowns and startups.

David Hackett, president of Stillwater Associates, a refining consultancy in Irvine, California, said the refinery’s spotty operational history may better support a future as a rail hub.

“They haven’t run it as a refinery in a long time. I don’t think they’ll restart Bakersfield, and I don’t understand why they didn’t pull this off two years ago,” he said.

ESTABLISHED OIL HUB

Bakersfield sits in the center of the state’s oil production where the oil industry is long established. Plains executives have said its crude-friendly climate and existing infrastructure make the area more attractive for such projects.

“I think Bakersfield is probably the best place to build a rail facility in California, because it’s not sitting in San Francisco or LA, and it has access to pipes going north and south. It just seems like it’s going to be a struggle to develop rail in other locations,” Plains’ Chief Operating Officer Harry Pefanis told analysts in May.

Alon had hoped to have its Bakersfield rail project up and running by the end of 2013, but it, like others in the state, underwent a lengthy environmental review and public comment.

Oviatt said the Kern County planning department had considered all issues during that review, including safety and spill preparedness.

Now the project is slated to go before the county’s board of supervisors for a vote at a Sept. 9 public hearing. Oviatt, who is not one of the five members of the board, said she expected a final decision at that time.

The planning department has signed off on it, and Oviatt said the board tended to be supportive of business.

“I can’t say how the board would vote, but I do believe that given their business-friendly attitude, they’re going to take all of this into serious consideration.”

(Reporting by Kristen Hays in Houston; Editing by Terry Wade, Lisa Shumaker, Jessica Resnick-Ault and Phil Berlowitz)

Bainbridge Island Review Guest Opinion: Why I blockaded an oil train

Repost from the Bainbridge Island Review

GUEST OPINION: Why I blockaded an oil train

BY ANNETTE KLAPSTEIN, August 16, 2014

On Monday, July 28, I joined Jan Woodruff of Anacortes and Adam Gaya of Seattle in locking ourselves to barrels full of concrete on the rail spur into the Tesoro refinery in Anacortes in order to keep an oil train from leaving the refinery.

Why would a 62-year-old retired lawyer and long-time resident of Bainbridge Island take such a drastic action?

The short answer is: I could not do otherwise.

This kind of resistance may seem extreme, but these are extreme times — these oil trains present an imminent threat to the lives and safety of tens of thousands of our friends and neighbors, and our politicians have done a woefully inadequate job of addressing this.

The puncture-prone DOT-111 tanker cars were deemed “inadequate” by federal authorities more than 20 years ago. Yet every week, more than a dozen of these trains travel through downtown Seattle to refineries including Tesoro.

These trains are carrying Bakken shale crude, which the DOT has warned is unusually volatile and can catch fire at temperatures as low as 75 degrees F!

There have been very frequent derailments, including one in Seattle last week (headed for the Tesoro refinery), which occurred despite a train speed of only 5 miles per hour. Had it been going much faster, the results would likely have been catastrophic.

There have been five explosions and massive fires associated with derailments within the past year, the worst being at Lac-Megantic, Quebec, where a derailment caused a massive explosion, leveling several city blocks and vaporizing 47 people. If this happens in Seattle near the sports stadiums during a Seahawks or Mariners game, tens of thousands of people will die a horrific death.

Tesoro had a terrible safety record even before the huge increase in oil-by-rail.

After its tragic 2010 fire, which killed seven workers, it was found to have committed 39 “willful” and five “serious” violations of safety regulations.

Tesoro is planning to build the massive Tesoro Savage Vancouver Oil Terminal, a project so fraught with potential problems that the Vancouver City Council has asked Governor Inslee to reject it.

The United States Supreme Court, in its questionable wisdom, has declared corporations to be “persons” with human rights. If Tesoro and the other oil companies trying to turn our beautiful state of Washington into the Bakken shale oil dealer to the world are “persons” it is terribly clear to me what sort of “persons” they are: psychopaths — lacking all conscience or empathy. If any other group of people exposed us to such risks, they’d be locked up as the criminals they are. Instead, we get cheap bromides about “safe fracking,” while wells across the country are poisoned and billions of gallons of water in drought-stricken California are ruined: all for cheap dirty energy, in an era when the ravages of climate change are becoming increasingly visible.

The fires in Washington last week were one small sample of ominous things to come. In under a week of the official fire season, more area was burned than in any full year of the past decade. If we do not take drastic measures to address climate change immediately, our children and grandchildren will have to live through the collapse of our civilization within decades. I cannot live with that on my conscience.

And what has our political leadership offered to address these issues? Feeble and half-hearted actions such as the federal plan to “phase out” the most unsafe oil-by-rail cars over the next four years.

In four years we are certain to have more disasters and more deaths — such a plan is criminally negligent and absolutely unacceptable.

We need a total ban on all shipment of Bakken crude by rail NOW, and a complete halt to the development of any new oil terminals in the Pacific Northwest.

The oil companies have no sense of responsibility to anything but their bottom lines. Companies that make decisions like this have no place doing business on our increasingly fragile planet, and we the people of the state of Washington have to draw the line.

Annette Klapstein is a Bainbridge Island resident and a retired attorney who worked for the Puyallup Indian Tribe for 21 years, primarily on fisheries issues.

Rightwing Canadian Thinktank: Bakken crude is safe, consumers will pay for unneeded regulation

Repost from The Waterloo Record, Kitchener, Ontario, Canada [Editor: It is instructive – although distressing – to take note of current talking points of the right-wing Canadian Fraser Institute.  – RS]

Consumers are the losers in rush to regulate oil by rail

Opinion, by Kenneth P. Green

In the wake of the 2013 Lac-Mégantic oil-by-rail disaster, when a train carrying crude oil from North Dakota’s Bakken field exploded in Quebec, some people began to characterize Bakken crude oil as “uniquely flammable,” implying that new rail car standards might be required to move the material.Indeed, the supposed uniquely flammable characteristics of Bakken crude was ultimately cited as a central reason for the recent Department of Transportation proposal to tighten railcar standards in the U.S., which Canada will almost certainly have to match given the integrated nature of the North American rail system.

There’s no question we must carefully consider the safety of how we move oil, whether by pipeline, rail, roadway or barge. But we should make those judgments based on data, not on emotion or hunches. We also need to consider the costs that such decisions might impose on consumers of oil and derivative products and services. And a recent study of Bakken crude commissioned by the North Dakota Petroleum Council reveals that Bakken crude is just regular crude oil that can be safely transported in existing rail cars.

The study sampled Bakken crude at 15 well sites across the Bakken formation, and at seven rail terminals, testing the oil for a broad range of physical characteristics.

To summarize the findings in plain language: Bakken crude is comparable to light sweet crude oil when it comes to its relative weight as compared to water, and it has very low levels of sulphur and corrosive acidic components. The vapour pressure of Bakken oil (a measure of how much outward pressure that Bakken oil would exert on a container such as a rail car) was found to be within a few pounds per square inch of other light sweet crude oils.

The flash point of Bakken oil (that’s the lowest temperature at which the oil could vaporize enough to ignite in air) was found to be below 73 degrees Fahrenheit, similar to other light sweet crudes. The initial boiling point (that’s the temperature at which bubbles form in a heated liquid) was found to be between 95 F and 100 F, which is also in the normal range for light sweet crude oil; and Bakken crude didn’t have unusually high concentrations of very light (and particularly flammable) hydrocarbons (known as “light ends”).

And, contrary to suggestions that there might have been additions to Bakken crude that would make it uniquely flammable, the study found no evidence that Bakken crude was “spiked” with more flammable natural gas liquids prior to being shipped by rail.

Finally, the report notes that: “… Bakken crude oil meets all specifications for transport using existing DOT-111 tank cars.” This conclusion is consistent with the recent American Fuel & Petrochemical Manufacturers Bakken Report, which stated: “Bakken crude oil does not pose risks significantly different from other crude oils or other flammable liquids authorized for rail transport. While Bakken and other crude oils have been classified as flammable liquids, the report noted Bakken crude poses a lower risk than other flammable liquids authorized for transport by rail in the same specification tank cars.”

The “uniquely flammable” narrative has driven the ongoing process to develop new rail-safety regulations, and new standards have been proposed in the U.S.

Retrofitting existing rail cars to meet the new standards is estimated to cost between $30,000 US and $40,000 US, and industry estimates suggest there are about 78,000 cars that need to be retrofit, at a total cost of $2.3 billion US to $3.1 billion US. Complying with the new regulations will increase costs of oil transport and, thus, the cost of oil, gasoline, derivative products and services provided through the use of those products for everyday consumers. It will also slow the trend of the shift to rail, at least in the short term, until retrofits can be worked through the system.

Some have suggested that the new standards might engender savings through reduced insurance rates, though this seems unlikely. In the wake of the Lac-Mégantic derailment, the United States Pipeline and Hazardous Materials Safety Administration effectively concluded that current insurance coverage levels were not simply low, they were drastically too low to cover potential costs of an accident. If anything, there will be still higher insurance rates issued to cover the more expensive cars, further reducing the economic viability of moving large quantities of oil by rail.

Adding to the complexity, there may not be sufficient resources in the rail-insurance sector to step up to the plate and offer more comprehensive coverage.

We may or may not be safer as a result of the proposed tank-car regulations, but it may be that the “uniquely flammable” narrative of Bakken crude has led us to focus on the wrong problem by tackling the material aspect of things before we’ve tackled the insurance side of the equation. Most likely, an integrated process tying both factors together would have yielded a superior outcome.

Kenneth P. Green is the senior director of natural resource studies at the Fraser Institute, an independent, right-of-centre think-tank.