Bakken Shale, Bay Area Air Quality Management District, Bay Area Refineries, Public Health, Public Safety, Rail Safety, Rail tanker cars, Tar sands crude

Environmental groups sue Bay Area Air Quality Management District

Repost from KPIX 5, CBS SF Bay Area

Lawsuit Filed Over Fracked Oil Trains In The Bay Area After KPIX 5 Report

March 28, 2014


RICHMOND (KPIX 5) — Two weeks ago, KPIX 5 discovered trains carrying explosive fracked crude oil have been rolling into the Bay Area under everyone’s radar. On Thursday, four environmental groups have filed a lawsuit over it, calling the crude by rail terminal illegal.

Earthjustice attorney Suma Peesapati had no idea the long trains were coming into the Bay Area until she saw KPIX 5’s story.

“I was flabbergasted,” Peesapati said. “This just happened under the cover of night.”

Fracked crude oil from the Bakken shale fields of North Dakota can result in deadly explosions in a derailment. Yet we discovered the energy company Kinder Morgan started bringing 100-car trains loaded with the oil right into the heart of Richmond six months ago, all without having to go through any environmental review.

“We can’t hold up their permit because there is public opposition. As long as somebody doesn’t increase their emissions, we give them a permit,” Jim Karas of the Bay Area Air Quality Management District told KPIX 5.

Karas said since the rail yard was previously unloading ethanol trains, switching to fracked crude oil was no big deal. “Very small deal, very well controlled, very few emissions,” he said.

According to permit documents obtained by KPIX 5, Kinder Morgan claimed the operation “will not increase emissions beyond currently permitted levels”, and requested that the air district treat it “as an alteration, not a modification”.

“This hardly a minor alteration. I mean this fundamentally changes the nature of the operation and the environmental impacts,” said Peesapati.

Earthjustice filed a lawsuit on behalf of 4 environmental groups: Communities for a Better Environment, Asian Pacific Environmental Network, the Sierra Club, and the Natural Resources Defense Council.

The complaint claims the Air District’s “clandestine approval” of the project “ignores the well-known and potentially catastrophic risk to public health and safety.”

“These trains are rolling and they pose an immediate threat to the local community,” said Peesapati.

“It’s really a slap in the face against the people of Richmond,” said Andres Soto with Communities for a Better Environment. He hopes the courts will take action quickly. And not just because of the danger of explosions.

“There’s a number of chemicals that are constituents in this crude oil that are carcinogenic,” he said.

Adding to the risk, Soto said the tanker trucks that deliver the crude to local refineries. “It’s going to take three trucks to unload one train car and that is an extreme expansion of the number of trips by diesel trucks on our city streets and on our state highways.”

KPIX 5 reached out to Kinder Morgan and the Air District Thursday night. Both said they don’t comment on pending litigation. The lawsuit calls on the Air District to pull Kinder Morgan’s permit, and asks the judge to issue an injunction that would shut down the terminal until a full environmental impact report is completed.

Federal Regulation (U.S.), Local Regulation, Rail industry, Traffic

Nat’l Ass’n of Railroad Passengers: oil trains blocking Amtrak trains

Repost from The Hill
[Editor:  This January post shows what can happen when local officials and companies like Valero have no control over railroad companies’ shipping schedules.  – RS]

Oil shipments blocking Amtrak trains

By Keith Laing, January 29, 2014

Freight trains carrying crude oil shipments are blocking Amtrak trains in the northwest United States, according to complaints from the National Association of Railroad Passengers (NARP).

The passenger railway advocacy group wrote in a letter to Transportation Secretary Anthony Foxx that oil-by-rail shipments are blocking trains on Amtrak’s Empire Builder route, which runs from Chicago to Portland and Seattle.

Crude oil train shipments have come under fire after a series of derailments. The railroad passenger association said trains that stay on the tracks are also causing problems for Amtrak passengers.

“Delays of up to eight to ten hours have plagued the Empire Builder, inflicting extreme inconvenience—often at considerable personal expense—to literally thousands of Amtrak passengers and their families,” NARP President Ross Capon wrote to Foxx.

“While severe weather has played a contributing factor, the delays are in large part due to the logjam of rail congestion caused by hundreds of additional freight trains transporting crude oil extracted in North Dakota to refineries in other parts of the U.S.,” Capon continued.

Capon said NARP “recognizes the key role that America’s freight railroads play in fueling economic activity in the U.S.”

But he said that Amtrak and the freight rail company that operates the tracks the Empire Builder line runs on should be able to work out a better scheduling agreement.

“Amtrak and host railroad BNSF Railway Company must come together to ensure that the Empire Builder’s passengers have continued access to adequate, reliable public transportation,” he said. “The Empire Builder serves communities in Illinois, Wisconsin, Minnesota, North Dakota, Montana, Idaho, Washington State, and Oregon, with some 18.8 million people living within 25 miles of an Empire Builder station. The train acts as a vital transportation link for hundreds of rural communities to essential services in urban population centers.”

Supporters of the Keystone XL pipeline have said there would be less crude oil shipment by rail if the controversial project was allowed to be built. The Obama administration has resisted calls for constructing the pipeline, citing environmental concerns, even as it plans to ramp up its regulation of oil trains.

Capon said it was particularly important for officials to figure out a way to make service reliable on Amtrak’s northwest line because it travels through several smaller states that have sparse air service.

“Amtrak’s Empire Builder carried 536,400 passengers in fiscal year 2013 along a 2,256 mile corridor that has little in the way of transportation alternatives, and regularly experiences extreme winter weather conditions that close down airports and road networks,” he said. “Without a fully functioning rail service, many of these Americans will be effectively stranded.”

Amtrak spokesman Marc Magliari told The Hill that the company is dealing with the oil train-induced delays by shipping stations in Grand Forks, Devil Lake, Rugby, N.D. to make up time on its overnight cross country trip.

Magliari said Amtrak was negotiating with BNSF Railway for an equitable solution.

“We met two weeks ago with BNSF,” he said. “This dates back well before current winter weather blast. They told us they are making capacity improvements, but we should not expect to see an improvement in how our trains managed with their tracks until later this year.”

Magliari said the detours around trains that are carrying crude oil “requires passengers to disembark in Fargo, N.D. at 3:35 a.m. to get on chartered buses to take them to the three missing stops.

“We’re going to keep working with BNSF to try to mitigate these delays and inform our passengers what’s going on, but we’re concerned about this for our passengers and for our business,” he said. “This is our most popular, by ridership, overnight route in the country. It’s going to celebrate 85th anniversary later this month.”

Amtrak acquired the Empire Builder route from a private rail company when it was created by Congress in 1971.

A BNSF spokeswoman told the Grand Forks Herald newspaper that it was “working” with Amtrak to find a solution to the delays.

The company blamed the train backup on winter weather in the midwest U.S.

“BNSF service is being impacted by extreme cold and winter weather conditions across the Midwest,” BNSF spokeswoman Amy McBeth told the North Dakota paper.

“The extreme cold and snow are presenting significant operating challenges for our operations,” McBeth continued. “To recover, we are operating our westbound trains on our route through New Rockford and eastbound traffic through our Devils Lake route. We will continue working with Amtrak as our network recovers.”

Benicians for a Safe and Healthy Community, Environmental Impacts, Offloading procedures, Public Health, Public Safety, Valero Crude By Rail

Benician Roger Straw: Growing opposition to Valero Crude by Rail

Repost from The Benicia Herald

For Benicia’s sake, stop Crude by Rail

March 27, 2014 – by Roger Straw

MANY THANKS TO THE BENICIA HERALD for its detailed coverage of Valero’s presentation earlier this week on its Crude-by-Rail Project. Donna Beth Weilenman’s lengthy report presented the very best in understanding Valero’s message.

I was somewhat disappointed, however. A small but growing segment of Benicia residents and business owners attended Valero’s meeting, offering a peaceful presence and an alternative view on crude by rail. Other news sources, including a nearby newspaper, two TV stations, two radio stations and a couple of blogs included references to the strong public opposition to Valero’s proposal at that meeting. Ms. Weilenman’s report virtually ignored the public’s input on that night.

Benicians need to hear Valero’s point of view, but a variety of voices made “news” at the actual event, and folks need to know about that as well.

The residents and businesses of Benicia have been waiting since last July for Valero to present its facts and to sell its proposal to bring North American crude oil by railroad tank car into our community. We can expect highly financed and professional messaging to promote their plan. Thanks to a recent paid ad in a local magazine and this week’s community meeting, we now know how Valero will focus our attention — and in some cases, misdirect our legitimate concerns.

We learned at this meeting, finally, that Valero clearly does not rule out importing train cars full of highly volatile Bakken crude oil and the world’s dirtiest crude from the tar sands of Canada.

After its presentation, when Valero opened the meeting for questions and answers, I must admit that I was surprised by the preponderance of questions expressing deep concern for the health and safety of Benicia. Well over 80 percent of the questions asked were cautiously skeptical and highly concerned about safety and the environment. I took notes on each of the approximately 24 questions asked, with the following results: Nine were about emergency spills and explosions, four were about the source and crude oil content of Valero’s rail shipments, two were about failure-prone DOT-111 tank cars, and one each concerned train routing, traffic in the Industrial Park and permitting of the proposed project.

Following each question, a panel member or representative of Valero or Union Pacific gave a brief answer. Many in attendance, including myself, felt that some of the answers were almost glib, and all were calculated to smooth over every public concern.

We were assured over and over again that Valero’s excellent safety record, thorough planning, and yet-to-be passed new federal and state regulations would protect us from a catastrophic spill or explosion. This in the face of recent news reports on the massive increase in crude-by-rail shipments and the inevitable skyrocketing numbers of horrific explosions and spills over the last year.

We were assured over and over again that no additional or adverse pollution would result, supposedly because trains give off fewer emissions than ships. This totally ignores easily available background on the environmentally destructive methods of crude oil extraction in the Bakken region of North Dakota and tar sands mining in Canada, and the excessive corrosive effects and additional toxic emissions when refining extreme crudes. No one asked Valero at this meeting to address the 100 connect-disconnect operations every day on tank cars as opposed to a single connect-disconnect of a docked ship once a week. How will these repetitive operations add to what are known as “fugitive emissions,” not to mention a massive increase in risk for spills and accidents?

I usually call myself a liberal. In this instance, I am a deeply conserving skeptic. Please, Valero — I know that you work for Texas executives who guide your actions here, but as you mentioned at your meeting this week, 50 percent of your management and more than 100 Valero employees live here in Benicia. You are our neighbors. Please help us protect our lives and our city, and stand with us on behalf of communities uprail and downwind of Benicia. Ask Valero’s Texas executives to rethink their strategies for the future of energy production. Valero could lead the way in the oil industry. Everyone knows that refining of crude oil is a dying enterprise. In the next 50 years Valero will need to retool to produce energy in cleaner and safer ways. There is no need to grasp at the last, most dirty and dangerous barrels of crude to make a quick buck.

Listen to concerned Benicians and folks from communities uprail and downwind of here — stop the Crude-by-Rail Project.

More information is available at SafeBenicia.org and BeniciaIndependent.com.

Roger Straw is a Benicia resident [and editor of The Benicia Independent].

Benicia Herald, DOT-111, Rail Safety, Valero Crude By Rail

Benicia’s Stan Houston: a host of safety concerns – preserving Valero’s future and Benicia’s

Repost from The Benicia Herald

Crude by rail: An opportunity to lead

March 26, 2014 by Stan Houston

THE VALERO REFINERY WANTS TO BRING IN A NEW FORM OF CRUDE OIL to process in their refinery here in Benicia. Union Pacific Railroad will be the transporter. There is a host of safety concerns, not the least of which is the volatility of this newer crude. Should a mishap in transportation cause any one of the tank cars to rupture, the resulting explosion and fire could destroy Benicia. The gravity of this situation and my personal experiences in the railroad industry demand I convey my assessment and participate in a conversation that may lead to a solution that works for everyone.

I was only 3 1/2 years old but can still remember my first steam-locomotive trip. My parents and I stood patiently at Southern Pacific’s Oakland terminal and watched the oil-fired locomotive billow out steam while the engineer reset the brakes and moved the engine forward a bit. It seemed an eternity before the conductor waved to my parents and we were allowed to board my grandfather’s private car on Southern Pacific’s Daylight train to Portland, Ore.

Ten years later I would find myself packaging freight car lubricant after school for one of my dad’s railroad customers. In another 20 years, I celebrated having worked at every roundhouse and rail yard in the United States, Canada and Australia. By the age of 37, I was a highly regarded plastics engineer whose father’s company was leading the railroad industry in replacing metal bearings and components with high-tech plastic materials. In the 40-plus years I spent “working on the railroad,” I was an invited guest speaker to the Association of American Railroads, a frequent presenter at the Facility for Accelerated Service Testing in Pueblo, Colo., a board member and keynote speaker of the Locomotive Maintenance Officers Association, and a recipient of the first Quality Assurance Award from General Electric under then-CEO Jack Welch.

I cut my teeth in the industry at the Southern Pacific and Western Pacific railroads. I spent most of my early years visiting SP’s Sacramento Locomotive Works, where I’d oversee the testing and installation of our new products. The shops had been home to my grandfather when he was master mechanic there in the 1940s and ’50s. And, it didn’t hurt that Southern Pacific’s vice president of research and development was my godfather; I was given a lot of access to the railroad many others only dreamed of. As I grew into my late 20s, I’d venture to the Midwest to visit the Union Pacific or Burlington Northern railroads, or I’d go back east and call on the C&O and B&O (CSX), or the Southern Railway System. I travelled almost every other week for the next 20 years, helping redesign parts on freight cars and locomotives. It was a busy time in my life and very rewarding. I learned how the locomotives and the freight cars and rails work together. And, suffice it to say, I know the people who make those freight cars, and build those locomotives, and lay those rails.

During the last half of the 20th century, railroads shifted from carrying almost everything we consumers bought to what is today a streamlined mix of industrial and consumer goods. The railroads are extremely agile in producing freight cars that look like they are designed to handle very specific products when, in fact, their agility and mechanical engineering prowess — along with the help of their supply industry — can quickly adapt a standard freight car into a specific commodity freight car with little alteration to its structural integrity. It wasn’t long ago that, as seasonal demand of grain cars oscillated wildly during harvest in the Midwest, standard box cars (the kind you see the homeless pictured riding in) were overnight turned into grain cars by inserting a cardboard barricade in the door openings and cutting a grain chute hole in the top. Not very space-age technology, but it worked extremely well.

Today the railroads are being tasked with carrying increasing amounts of oil in tank cars. In their heightened and predictable response to demand, they have rebuilt and built new tank cars at an unprecedented rate, yet still they have fallen short of what the growing demand requires. Because there are no government regulations requiring a specific type of tank car modification or a specifically designed car to address the newer types of crude now being carried, the railroads are carrying the newer materials in standard tank cars, some of them well over 50 years old. These cars are what the industry refers to as the DOT-111 class cars. Even the very newest modification to the DOT-111 class, made in 2011, does not adequately address the volatile nature of some of the newer crudes when under impact through derailment or collision. In addition, there has been no investigation into developing a far safer delivery system that employs tank car transport. It has been well documented that as a result of a derailment and collision, the subsequent breach of a tank car would cause an explosion of the newer crudes and destroy Benicia as we know it.

The Valero refinery has asked Benicians for their support to be able to bring these newer crudes to their Benicia refinery. It is irresponsible to close our eyes and NIMBY our way out of this predicament. It is in our best interest to do everything we can to insure the profitability and volume of output from Valero, as they provide a significant amount of money to our General Fund and donate hundreds of thousands of dollars each year to needy Solano County enterprises. In fact, we should be encouraging Valero to make as much product as they can and working with them to facilitate an increase in their margins so that we reap sustainable benefits, too. Isn’t that what we already do for our other businesses? Isn’t that what tourism does for the First Street businesses and the Economic Development Board does for our other businesses? Shouldn’t we treat Valero the same as any other contributor to our welfare? Shouldn’t we insist that any threat to Valero’s ability to operate is hereby not acceptable?

In the absence of government mandates that would require a safer tank car or a safer delivery system for newer crude, it is up to Benicia to safeguard Valero’s cash flow to us so that our livelihoods continue. In our conversation with our benefactor, Valero, we must insist they deliver this message to the railroad industry: “This is not the time to fabricate a piece of cardboard and retrofit a boxcar. Rather, this is a time of great opportunity that will require the cooperation of the stakeholders of the Union Pacific Railroad and the tank car companies to look into the future and develop a brand new product and delivery system. Round up your best ME’s (mechanical engineers) and maintenance-of-way gurus and put together a delivery system that includes a modern, high-tech tank car with a robust safety factor and a delivery system that insures the continued operation of the Valero Refinery and the health and welfare of every township your system touches.

“And, until you can provide us with testing data that shows the newer car and newer delivery system is adequate, you can’t ship into Benicia anything that threatens the current cash flow of Valero funds to our stakeholders and the city of Benicia.”

Stan Houston lives and works in Benicia.

For safe and healthy communities…