Wall Street Journal: on the DOT’s nonbinding safety advisory

Repost from The Wall Street Journal
[Editor: Stakeholders, senators, and even the tank car builders say the feds haven’t gone far enough.  Significant quotes: “‘Making it voluntary is not going far enough,’ Sen. Maria Cantwell (D., Wash.) told Transportation Secretary” … “The trade association representing railcar builders and car-leasing companies said the advisory doesn’t go far enough toward new standards for tank-car construction and retrofitting the existing car fleet.”  – RS]

U.S. Urges Companies to Use Sturdier Tank Cars For Oil-Trains

The Advisory Effectively Applies to About 66,500 Shipping Containers
By Russell Gold  |  May 7, 2014

U.S. safety regulators urged companies shipping crude oil from North Dakota to stop using tank cars that have been implicated in fiery accidents.

The Transportation Department’s nonbinding safety advisory, which carries less weight than an emergency order, said shippers should use the sturdiest cars in their fleets to transport crude from the Bakken shale.

The advisory effectively applies to about 66,500 tank cars—68% of the total commonly used to transport oil and other flammable liquids. Shippers instead should use the roughly 31,000 cars that have been retrofitted to improve safety or were built to higher standards.

The call to get the older tanker cars off the rails drew immediate criticism as too weak.

“Making it voluntary is not going far enough,” Sen. Maria Cantwell (D., Wash.) told Transportation Secretary Anthony Foxx at a Senate Commerce Committee hearing. Mr. Foxx assured her that the federal government was moving as quickly as possible to issue new rules.

The American Petroleum Institute said the industry had been working to upgrade tank cars for three years, and that during the next year “about 60% of railcars will be state-of-the- art, which is part of a long-term comprehensive effort to improve accident prevention, mitigation and emergency response.”

The trade association representing railcar builders and car-leasing companies said the advisory doesn’t go far enough toward new standards for tank-car construction and retrofitting the existing car fleet.

“With regulatory certainly, the car industry can get working” on retrofits right away, said Thomas Simpson, president of the Railway Supply Institute in Washington, D.C.

Calling Bakken crude shipments “an imminent hazard,” the agency also issued an emergency order Wednesday requiring railroads operating trains carrying more than one million gallons of Bakken crude the oil—about 35 carloads—to notify state officials about the movement of these trains. Trains transporting oil typically include at least 100 cars.

Railroads haven’t historically liked to disclose the routes or contents of their hazardous-material shipments even to the communities they travel through. But the Association of American Railroads, which represents the country’s big freight railroads, said its members will “do all they can to comply with the Transportation Department’s Emergency Order.”

State and local officials have complained that they haven’t been told about crude shipments, which have been rising rapidly. About 715,000 barrels of Bakken crude are being shipped by rail each day, according to the North Dakota Pipeline Authority, or almost 10% of all the oil pumped in the U.S.

A spokesman for  Berkshire Hathaway Inc. ‘s BNSF Railway said it routinely provides information to interested state agencies and emergency responders about the hazardous materials on its routes. He said BNSF also “believes that promulgation of a federal tank-car standard will provide much needed certainty for shippers and improved safety and response time for all first responders.”

The Canadian Transport Ministry last month gave railcar owners 30 days to stop using the roughly 5,000 least crash-resistant tank cars.

Regulators have been grappling with the rising amounts of crude oil being shipped across the country. A fiery derailment in Quebec last summer killed 47 people; more recently, crashes and derailments in Alabama, North Dakota and Virginia have involved fire and explosions.

Federal investigators suspect that crude from the Bakken shale is more combustible than oil from other regions.

A Wall Street Journal analysis in February found that Bakken oil was very flammable and contained several times the level of combustible gases as oil from elsewhere.

The Bakken oil field has grown quickly, producing more than a million barrels a day and outpacing the capacity of pipelines. Companies have increasingly relied on railroads to transport the oil to refineries on the coasts.

In February, railroads said they would slow down oil trains to no more than 40 miles an hour in urban areas and try to route these trains around high-risk areas. But a crude train that derailed in Lynchburg, Va., last week was traveling at only 24 miles an hour. Its cargo didn’t explode, but leaking oil burned in the James River.

—Betsy Morris and Bob Tita contributed to this article

“Stop Crude by Rail” Benicia Activist Marilyn Bardet Honored With 13th Annual Anthony Grassroots Prize

Repost from The Rose Foundation
[Editor: We are so proud of our colleague and friend, Marilyn Bardet.  This honor is more than well-deserved.  What would Benicia be without her sharp eyes and driving, precision vocabulary on issues of community health and safety.  Don’t miss the photos and videos far below.  – RS]

2014 Anthony Prize Winner – Marilyn Bardet

“Stop Crude by Rail” Benicia Activist Marilyn Bardet Honored With 13th Annual Anthony Grassroots Prize

Oakland, CA, May 6, 2014

Rose Foundation for Communities and the Environment today announces Marilyn Bardet of Benicians for a Safe and Healthy Community as the winner of the 2014 Anthony Grassroots Prize, an annual Earth Day award recognizing an outstanding example of grassroots environmental stewardship.

Last year, the Valero refinery proposed adding a massive crude oil rail terminal to their facility. The project would bring 100 rail tanker cars through Benicia every day, potentially carrying some of the dirtiest and dangerously explosive crude oils such as tar sands and Bakken crude. Bardet sprang into action, forming a new group, Benicians for a Safe and Healthy Community, and collaborating with other fenceline communities and national organizations like Natural Resources Defense Council, who nominated her for the Prize, to stop crude by rail in Benicia and the Bay Area.

“It takes a special kind of person to stand up to big oil on behalf of the community,” according to Anthony Prize founder Juliette Anthony. “We salute Marilyn Bardet’s 20 years of advocacy and celebrate her many past achievements. With the threat of hundreds of oil tanker cars headed to Benicia every day loaded with dirty, explosive Bakken crude, we need her now more than ever.”

Bardet embodies the unsung grassroots activist spirit for which the Prize was established, helping lead community efforts to protect Benicia residents from toxics and hazards for the past twenty years. She, along with fellow residents, has taken on David v. Goliath local challenges posed by big corporations including Koch Industries and the Valero Refinery – and won. In 1995, she led a successful local campaign to stop Koch Industries’ proposed petroleum coke storage and shipping terminal at the Port of Benicia and continues to support community efforts to shape a post-carbon Benicia.

Upon learning the news of her award, Bardet was “amazed and honored.” “The Anthony Prize might as well be the Nobel Prize for us small groups working in the trenches,” says Bardet. “Pulling grassroots activists out of the woodwork and showcasing the amazing things they are getting done in their local communities is a noble, important thing Rose Foundation is doing.”

In 1999, Bardet helped found the Good Neighbor Steering Committee (GNSC) in Benicia, a residents’ association formed out of concern about what would happen once the former Exxon refinery was sold to Valero. Since its founding, Marilyn and the GNSC have engaged in an ongoing dialogue with the Valero refinery, monitored developments, and encouraged the creation of a Community Advisory Panel after a string of incidents including flaring, spills, and fires.

In 2008, GNSC and Bardet were instrumental in securing “The Valero/Good Neighbor Steering Committee Settlement Agreement,” providing $14 million in environmental benefits to the City of Benicia, including a commitment to air quality monitoring, improvements in energy efficiency, greenhouse gas reductions, and water-saving measures.

Like many grassroots activists, Bardet doesn’t do this work for a paycheck, but for love of her community. For Bardet, “the most profound challenge we all now face is the accelerating rate of climate change. Continuing “business as usual” run by Big Oil – pretending we can go on extracting and burning fossil fuels like there’s no tomorrow – is a dead end with horrific long-range consequences.” The Anthony Grassroots Prize, to Bardet, “honors all the good work being done by so many communities helping bring about the necessary transition to a post carbon, resilient, sustainable and just economy and culture. Accepting this award, I receive it for many.”

Bardet has designated the $1,000 prize money be awarded to Benicia Community Gardens, a grassroots non-profit of which she is the Board Chair. Benicia Community Gardens has established two community gardens, a local CSA program, and the first Benicia community orchard.

For more information about Marilyn Bardet and the campaign to Stop Crude By Rail, contact: Marilyn Bardet, Benicians for a Safe and Healthy Community, (707) 745-9094 or (707) 816-9777, mjbardet@comcast.net

ABOUT the Anthony Grassroots Prize
The Anthony Grassroots Prize was endowed by Juliette Anthony, a lifelong environmental activist who has received wide recognition for her work in protecting the Santa Monica Mountains, banning the toxic gasoline additive MTBE, promoting solar power and publicizing the negative environmental impacts of ethanol.

ABOUT Rose Foundation for Communities and the Environment
Rose Foundation for Communities and the Environment supports community-based advocacy to protect the environment and public health through grant-making and direct service programs. Rose Foundation’s focus includes grassroots activism, watershed protection, environmental justice and consumer rights. Rose also administers New Voices Are Rising, a youth leadership development and environmental justice advocacy training program.

For more information about the Anthony Grassroots Prize & Rose Foundation, contact: Tim Little, Executive Director, Rose Foundation, (510) 658-0702 ext. 301, tlittle@rosefdn.org

Marion Gee, Communications Coordinator, Rose Foundation, (949) 378-5253, mgee@rosefdn.org

###

Marilyn Bardet Biography

A California native, born and raised in San Mateo, I have been an activist for social justice and against war since high school. Graduated from UC Berkeley in 1970, BA in the humanities; in 1985, studied fine art and graduated with BA and Masters in Painting from Boston University School of Fine Arts, where I taught drawing and design. Actively opposed Vietnam War and all subsequent US-instigated “resource wars,”including “Star Wars.” Volunteered for Defense and Disarmament Institute in Boston in the 80’s; in the 90‘s, served as boardmember of the Mt. Diablo Peace Center, Walnut Creek; in 1995, helped lead successful fight against Koch Industries’ proposal for a petcoke storage and shipping terminal at the Port of Benicia intended to serve all 5 Bay Area refineries; worked on several Cal-EPA-led toxic cleanup projects in Benicia, including military site cleanup of formerly used defense site where live ordnance was discovered – a site intended for residential development by Ford Motor; in 2005, helped successful fight against Bechtel’s and Shell Oil’s proposal for a Liquified Natural Gas terminal and power plant at Mare Island, Vallejo; in 2000, when Valero bought the Exxon refinery in Benicia, helped found the refinery watchdog group, the Good Neighbor Steering Committee; since 2005, have served as board chair of Benicia Community Gardens, a grassroots non-profit that has established two community gardens, a local CSA program with Terra Firma Farm, and recently a first Benicia community orchard.

Photos

Videos



Benicians for a Safe and Healthy Community
http://safebenicia.org/

Good Neighbor Steering Committee
http://www.beniciatrees.org/about-us/good-neighbor-steering-committee

Benicia Community Gardens
beniciacommunitygardens.org

Multiple detailed analyses: Bakken crude has high levels of volatile organic compounds and alkane gases

Repost from Salon

Why oil-by-rail is an explosive disaster waiting to happen

A recent spate of fiery train accidents all have one thing in common: highly volatile cargo from North Dakota
Lindsay Abrams  |  May 7, 2014
 Why oil-by-rail is an explosive disaster waiting to happenSeveral CSX tanker cars carrying crude oil in flames after derailing in downtown Lynchburg, Va., Wednesday, April 30, 2014. (Credit: AP/Luann Hunt)

In case the near continuous reports of fiery, deadly oil train accidents hasn’t been enough to convince you, Earth Island Journal is out with a startling investigative piece on North Dakota’s oil boom and the dire need for regulations governing that oil’s transport by rail.

The article is pegged to the train that derailed and exploded last summer in Quebec, killing 47 people, although it just as well could have been the story of the train that derailed and exploded in Alabama last November, the train that derailed and exploded in North Dakota last December, the train that derailed and exploded in Virginia last week or — let’s face it — any future accidents that many see as an inevitability.

The Bakken oil fields in North Dakota are producing over a million barrels of crude oil a day, more than 60 percent of which is shipped by rail. All that greenhouse gas-emitting fossil fuel is bad enough; that more oil spilled in rail accidents last year than the past 35 years combined is also no small thing. But the particular chemical composition of Bakken oil lends an extra weight to these concerns: according to the Pipeline and Hazardous Materials Safety Administration, it may be more flammable and explosive than traditional crude.

The industry denies that there’s anything special about Bakken crude, but Scott Smith, a researcher at the nonprofit group Water Defense, has evidence to the contrary. From Earth Island Journal:

Smith now has conducted detailed analyses of Bakken crude from the three accident sites in Quebec, North Dakota, and Alabama, along with baseline data. He says he is the only outside expert to have done so and has shared those lab results with Earth Island Journal. Even government agencies – including the US Department of Transportation (DOT), which is tasked with regulating oil by rail transport – have been largely kept in the dark about the qualities that make Bakken crude so volatile as well as how it varies throughout the formation. “Despite the energy industry making assurances to DOT more than two months ago, we still lack data we requested and that energy stakeholders agreed to produce,” a Department of Transportation spokesperson told Reuters in March.

All the samples collected and tested by Smith share the same high levels of VOCs [volatile organic compounds] and alkane gases in what Smith says are exceptional combinations. According to Smith, 30 to 40 percent of Bakken crude is made up of toxic and explosive gases. Typically these gases are separated out of the crude oil before transport. A recent report by the Pulitzer Prize-winning website Inside Climate News speculates that because of the whirlwind pace of production in North Dakota and the absence of processing facilities, volatile gases like propane are not being removed at the wellhead.

There’s still a lot we don’t know about Bakken crude, Smith says. This includes the presence of metals, radioactive materials, and gases. Because of the varying depths of the Bakken formation, two wells a mile apart can produce crude oil with very different characteristics. This makes sampling and testing especially tricky. It also makes industry cooperation essential.

Smith still has vials of Bakken crude that he pumped out of the ground nearly a year ago. “When it gets above 80 degrees and you shake them,” he says, “it bends the top of the container. Any form of static electricity will ignite this stuff and blow it up.”

Independent reviews corroborate Smith’s findings. Chemists with California’s Office of Spill Prevention and Response examined Smith’s samples and concluded that the Bakken crude “resembles a typical crude oil that has been mixed with diesel or a diesel/gasoline mix. … Obviously, flammability and volatility are greater concerns with Bakken than with ‘typical’ heavier crudes.” In February The Wall Street Journal, based on its own analysis of data collected by the Capline Pipeline in Louisiana, reported that oil coming from the Bakken has significantly more combustible gases and a higher vapor pressure than oil from other formations. In early March, Canada’s Transportation Safety Board (TSB) issued its own findings from oil samples taken from the nine tank cars that did not derail in Lac-Mégantic. While the TSB does not contend, as Smith does, that the Bakken oil is significantly different from other light sweet crudes, the agency also found that oil coming out of the Bakken has a very low flashpoint – which means that it ignites easily or at a relatively low temperature – a level more similar to unleaded gasoline. When the rail cars went off the track in Lac-Mégantic, sending up sparks and static charges, it didn’t take much to set off explosions. “All of the conditions required for ignition to occur were present,” the TSB report concluded.

It’s a frightening warning worth repeating: without heightened safety standards and federal oversight, the many cities and communities through which trains carting Bakken crude pass are helpless in the face of a potential disaster. “I live in fear of waking up to a bunch of text messages and emails because there’s been a 100-car explosion in Chicago and 300,000 people are vaporized,” Smith said. “Unfortunately, that is a very real possibility if something’s not done.”

Lindsay Abrams is an assistant editor at Salon, focusing on all things sustainable.

Community right-to-know laws: what is in those “bomb trains”?

Repost from International Business Times

After Oil Train Accidents, US Communities Want To Know What’s Inside Rail Freight

By Meagan Clark  |  May 02 2014
North Dakota train explosion A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters

When an oil train derailed and caught fire in Lynchburg, Virginia, on Wednesday afternoon, City Manager Kimball Payne was as surprised as any of the town’s 77,000 residents; he had no idea that crude oil was being moved through town on a regular basis.

The accident, in which three tank cars tumbled into the James River, spilling 20,000 to 25,000 gallons of crude, was just the latest in a series of fiery oil train accidents around the country, which have sparked debate about the safety of freight rail and raised concerns among residents often unaware of the oil, gas and chemicals being transported through their communities.

As crude-by-rail has increased across the country in recent years, increasing 443 percent nationwide between 2005 and 2012, accidents have been on the rise. In the past year, eight explosive accidents, some fatal, have rocked communities from Alabama to North Dakota. Last year, an accident in Quebec caused 47 deaths and the evacuation of more than 2,000 people.

Those accidents are prompting federal regulators to propose, as soon as next week, standards for rail tank cars carrying oil, announced Department of Transportation Secretary Anthony Foxx.

Community right-to-know laws dating from 1986 require facilities to disclose what hazardous chemicals are stored and used in a town, but the laws don’t extend to trains. By federal law, railroad and oil companies don’t have to disclose their exact freight contents or when and how much of their freight will pass through localities.

“Our community has a right to know what’s going on,” Bart Mihailovich, director of the Riverkeepers program at the nonprofit Center for Justice in Spokane, Washington, said. “What trains are traveling through Spokane and the inland northwest, what’s in them, and how dangerous are they? We have a right to know about emergency response plans and the risks we’re assuming by living, working and playing in this area.”

Payne, Lynchburg’s city manager, has lived in the area for 13 years and said he didn’t know trains were carrying oil through the bustling downtown district until the derailment this week.

“But I don’t know what’s on the tractor trucks going through the city every day either,” Payne said. “What would we do if we did know?”

“If anything’s going to be changed, it’s going to have to be changed at the federal level or maybe the state level. I know I have no authority over those railroads.”

The mayor of Casselton, North Dakota, where an oil train crash on Dec. 30 spilled 400,000 gallons of crude and forced the evacuation of residents, estimates that seven or eight trains a day, most carrying oil, pass through the rural town everyday. Edward McConnell remembers the city council had concerns over chlorine riding the rails several years ago. While training the fire department, the town spoke with the state and federal transportation departments about the contents and amounts of freight passing through.

“Their basic answer was when we have an accident, you’ll know what’s in the cars by the placard,” he said. Red diamond-shaped placards with the numbers 1267 designate crude, though not what type of crude, which could indicate how flammable or explosive it is.

“It would be nice to know [more details of the cars’ contents], but I don’t think it’s something that’s going to get much traction,” McConnell said. “Railroads have a lot of friends in Congress, and they’re not going to let too many bills through that [the railroads] don’t want. I’ve been dealing with railroads a lot of years — you can go up against them but at the end of the day they pretty much get what they want.”

Activist Matt Landon has decided the only way to know what’s passing through his neighborhood in Vancouver, Washington, is to track it himself. In April, he organized a group of seven volunteers to count how many oil trains are passing by Vancouver Bluff and, with infrared cameras, to monitor hydrocarbon gas venting out of the tank cars, a phenomenon called burping or off gassing. He hopes his efforts over time will force the government to increase regulation on the rail and oil industries.

“We have to protect our community,” he said. “It’s even hard for first responders to have access to this information. The U.S. government is deciding not to protect our communities so we have to stand up.”

A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters

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