ForestEthics: Oil Trains Too Fast, New Safety Rules Too Slow

Repost from ForestEthics (Also appearing in the Huffington Post)

Oil Trains Too Fast, New Safety Rules Too Slow

By Todd Paglia, Executive Director, May 1, 2015
New Oil Train Rules (Photo/NOAA)
New Oil Train Rules (Photo/NOAA)

In the first three months of 2015 four oil train accidents sent emergency responders scrambling, crude oil spilling into drinking water supplies, and fireballs blasting into the sky. The string of accidents in February and March demonstrate the severe threat from Bakken crude and Alberta tar sands moving on mile-long oil trains. These derailments and explosions set a bar we can use to measure the new oil train standards announced today by the US and Canadian governments.

Would the new rules have prevented any of the 2015 accidents and, ultimately, will they reduce the threat of oil train catastrophes like the 2013 Lac Megantic, Quebec, explosion that killed 47 people? The answer is no, and the reason is speed: the regulations move too slow and the trains continue to move too fast.

The rules announced at a joint press conference today by US and Canadian officials arrive decades late and with the sticky fingerprints of the oil and rail industry all over them. The administration has slowed down and narrowed the scope of the rules so the most dangerous tank cars stay on the rails for at least two and a half years. Other unsafe tank cars have five or seven years before they must meet new higher standards.

Not that the new standards will help much: All four 2015 accidents involved CPC-1232 cars, the newer tank cars that are supposedly safer than the dangerous DOT-111s. But to be clear, neither the upgraded cars or new cars built to the new standard will prevent an explosion if the train is moving at normal speeds.

So we can begin to look for new and upgraded cars (like the ones that exploded in recent months) in the years to come, but those living along the tracks can still expect to see the worst cars continue to roll by their homes for a very long time. The administration effectively allows rail companies to keep antiquated tank cars on the rails in trains with fewer than 35 crude oil tank cars (or 20 in a row.) That means oil trains hauling up to a million gallons of explosive crude oil in the most dangerous tank cars will keep rolling through a downtown near you FOREVER.

The administration trumpets new electronically controlled pneumatic brakes for oil trains. While it’s good news that oil and rail companies will use state-of-the-art technology, the administration is giving them until 2021 to install the new better brakes. That’s six years too long to require what should be a basic minimum safety requirement.

And while these upgrades to the tank car fleet creep slowly into place, the trains will continue flying down the tracks at reckless speeds. The new rule allows oil trains to travel at more than twice the rated “puncture velocity” of even the new tank cars that they will (in some cases) eventually require. That means that oil trains carrying three million gallons of explosive crude will continue to travel at 50 mph across North America, except in a small number of “high threat” urban areas where they must go 40. The new speed limits offer little comfort because three of the four of the explosive accidents in 2015 occurred at speeds below 35 mph. (The accident in Gogama, ON, occurred at 43 mph, just three mph over the “high-priority” speed limit.) The Galena, Illinois, derailment occurred at only 23 mph, proving that the speed limits in the rule are inadequate to protect anyone.

In the final insult to injury, the administration walked too quickly away from notification standards in an earlier draft of the rule, leaving citizens and emergency responders in the dark about where these trains are running and when.

The Obama Administration took its time developing new rules for hazardous materials on trains that run through the heart of America: they looked at the threat of exploding oil trains, but heavy industry lobbying made them flinch. The administration failed to learn the lessons of Lac Megantic or the four explosive oil train accidents we’ve seen so far in 2015 alone. They have given public safety the cold shoulder, instead embracing the oil and rail industry lobbyists peddling this dangerous cargo.

We were fortunate that none of the 2015 accidents caused fatalities. ForestEthics and our many partners will continue pushing the administration to do a lot better and hope that our luck holds while we stop these dangerous trains from crisscrossing North America.  But it shouldn’t be a matter of luck. Secretary Foxx and President Obama have chosen to roll the dice instead of writing strong rules that protect the 25 million of us living in the blast zone.


More by Todd Paglia:

Alberta’s possible pivot to the left alarms Canadian oil sector

Repost from Reuters

Alberta’s possible pivot to the left alarms Canadian oil sector

By Scott Haggett and Nia Williams, May 4, 2015 7:07am EDT
Alberta NDP Leader Rachel Notley meets with Mayor Naheed Nenshi in his office in Calgary, Alberta, April 30, 2015. REUTERS/Todd Korol

(Reuters: CALGARY, Alberta) – Canada’s oil-rich province of Alberta is on the cusp of electing a left-wing government that can make life harder for the energy industry with its plans to raise taxes, end support for key pipeline projects and seek a bigger cut of oil revenues.

Polls suggest Tuesday’s election is set to end the Conservative’s 44-year reign in the province that boasts the world’s third-largest proven oil reserves and now faces recession because of the slide in crude prices.

Surveys have proven wrong in Canadian provincial elections before and voters may end up merely downgrading the Conservatives’ grip on power to a minority government.

Yet the meteoric rise of the New Democratic Party and the way it already challenges the status-quo of close ties between the industry and the ruling establishment has alarmed oil executives. The proposed review of royalties oil and gas companies pay the government for using natural resources and which could lead to higher levies, is a matter of particular concern.

“Now is not the time for a review of oil and natural gas royalties,” Tim McMillan, president of the Canadian Association of Petroleum Producers, the country’s top oil lobby, said in a statement.

A 2007 increase in the levy was rolled back when the global financial crisis struck and oil executives say today the time is equally bad to try it again.

Yet the left’s leader Rachel Notley, a former union activist and law school graduate, has shot up in popularity ratings in the past months advocating policies that have been anathema for many conservative administrations.

She says she would not lobby on behalf of TransCanada Corp’s controversial Keystone XL pipeline or support building of Enbridge Inc’s Northern Gateway pipeline to link the province’s oil sands with a Pacific port in British Columbia. Citing heavy resistance from aboriginal groups to the Enbridge line, Notley says Alberta should back those that are more realistic such as TransCanada’s Energy East pipeline to the Atlantic ocean.

PACKING UP?

Notley also advocates a 2 percentage point rise in Alberta’s corporate tax rate to 12 percent to shore up its budget that is expected to swing from a surplus to a C$5 billion deficit in 2015/2016 as energy-related royalty payments and tax revenues shrink.

Even with the proposed corporate tax hike Alberta’s overall taxes would remain the lowest nationally. Oil executives warn, however, that any new burdens at a time when the industry is in a downturn, shedding jobs and cutting spending, could prompt firms to move corporate head offices out of the province.

“Business is mobile,” said Adam Legge, president of the Chamber of Commerce in Calgary where most of Canada’s oil industry is based. “Capital, people and companies move.”

Ironically, the challenge the oil industry and the Conservatives face is in part a by-product of Alberta’s rapid growth fueled by the oil-sands boom.

The influx of immigrants from other parts of Canada and overseas has changed the once overwhelmingly white and rural province. Today Alberta is one of the youngest provinces and polls show younger and more diverse population is more likely to support left-wing causes such as environment and education and more critical of big business. The New Democratic Party still only got 10 percent of the votes in the 2012 vote, but an election of a Muslim politician as a mayor of Calgary in 2010 served as an early sign of the changing political landscape.

The Conservatives themselves and their gaffe-prone leader Premier Jim Prentice also share the blame for the reversal of fortunes with one poll showing them trailing the left by 21 percent to 44 percent.

Prentice angered voters when he told Albertans to “look in the mirror” to find reasons for the province’s fiscal woes and then passed a budget in March that raised individual taxes and fees for government services but spared corporations.

Scandals – Prentice’ s predecessor left last year because of a controversy over lavish spending – and blunders added to the party’s woes.

The NDP vaulted to the top of the polls after Notley’s strong performance in an April 23 televised debate, when Prentice, former investment banker, drew fire for suggesting his rival struggled with math.

Then there is voter fatigue with a party seen as too comfortable and scandal-prone after decades in power.

“It’s still the same gang, the same policy, same procedures, the same concept of entitlement,” said one executive at a large oil and gas producer who declined to be named because he is not authorized to talk to the media. “I know some extremely neo-conservative guys who have said enough is enough.”

(Additional reporting by Julie Gordon in Vancouver and Mike De Souza in Ottawa; Editing by Amran Abocar and Tomasz Janowski)

Pennsylvania hires expert to evaluate, advise on oil train risks

Repost from Railway Track & Structures

Pennsylvania hires Zarembski to evaluate, advise on freight system risk mitigation

May 4, 2015

Pennsylvania hires Zarembski to evaluate, advise on freight system risk mitigationThe state of Pennsylvania has hired Dr. Allan M. Zarembski to a three-month contract to assess the state freight system, which hosts 60-70 crude oil trains a week.

Zarembski, who is an internationally recognized expert in the area of railway track and structures, vehicle-track dynamics, failure and risk analysis, safety, railway operations, and maintenance, will evaluate Pennsylvania’s freight rail system and advise Pennsylvania Gov. Tom Wolf on risk reduction and safety. Zarembski will also work to identify areas of high risk and make recommendations for crude-by-rail safety measures, as well as identify ways to implement those measures as efficiently and cost-effective as possible.

“My administration is focused on the safety of Pennsylvanians and protecting people from the potential disaster resulting from Bakken crude oil train derailments,” said Gov. Wolf. “I have expressed grave concern regarding the transportation of crude oil in the commonwealth and have taken several steps to prevent potential disasters. Zarembski is an internationally recognized rail expert and he has extensive experience with rail safety and risk analysis. Pennsylvania sees some of the largest volume of Bakken crude oil transportation by rail in the United States and the potential for disaster is too great to ignore. I will continue to take steps to ensure the safety of Pennsylvania’s citizens.”

A University of Delaware research professor and the director of the railroad engineering and safety program, Zarembski has extensive experience in rail operations, including freight operations, transit, commuter and inter-urban rail. Zarembski has authored or co-authored more than 170 technical papers, more than 120 technical articles and two books “The Art and Science of Rail Grinding” and “Tracking R&D” both published by Simmons Boardman Books.

 

 

How the State Department secretly approved a major tar sands expansion

Repost from DeSmogBlog
[Editor:  Sign the CREDO petition opposing the Enbridge expansion scheme.  – RS]

Emails: How State Department Secretly Approved Expanding Piece of Enbridge’s “Keystone XL Clone”

By Steve Horn, April 20, 2015 – 03:58

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen (“dilbit”) from Alberta to midwest markets.

The State Department submitted the emails into the record in the ongoing case filed against the Department by the Sierra Club and other environmental groups in the U.S. District Court for the District of Minnesota. Collectively, the emails show that upper-level State Department officials hastened the review process on behalf of Enbridge for its proposed Alberta Clipper expansion plan, now rebranded Line 67, and did not inform the public about it until it published its final approval decision in the Federal Register in August 2014.

According to a March 17, 2014 memo initially marked “confidential,” Enbridge’s legal counsel at Steptoe & Johnson, David Coburn, began regular communications with the State Department on what the environmental groups have dubbed an “illegal scheme” beginning in at least January 2014.

Enbridge State Department Emails
Enbridge State Department Emails | Image Credit: U.S. District Court for the District of Minnesota

Environmental groups have coined the approval process an “illegal scheme” because the State Department allowed Enbridge to usurp the conventional presidential permit process for cross-border pipelines, as well as the standard National Environmental Policy Act (NEPA) process, which allows for public comments and public hearings of the sort seen for TransCanada’s Keystone XL pipeline.

Further, the scheme is a complex one involving Enbridge’s choice to add pressure pump stations on both sides of the border to two pipelines, Enbridge Line 3 and Enbridge Line 67, to avoid fitting under the legal umbrella of a “cross-border” pipeline.

Hastening the approval process — and thus dodging both the conventional presidential permit and NEPA process — came up in a June 6, 2014 memo written by Coburn and his Steptoe co-counsel Josh Runyan. Enbridge’s legal argument centered around ensuring profits for its customers “consistent with its obligations as a common carrier.”

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

“Wrap This Up…Running Out of Time”

On March 18, 2014, Ona Hahs, Attorney-Advisor for the State Department’s Office of the Legal Advisor, informed her Department colleagues in an email that “we have to wrap this up” because she was informed by Coburn that Enbridge was moving forward with the project and about to break ground on it.

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota 

Just over a week later on March 27, 2014, Hahs emailed her colleagues again, informing them that Coburn had just called her again and they were “running out of time” to offer Enbridge what it requested.

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

A month later, Robert Cekuta — then Deputy Assistant Secretary of State for the State Department’s powerful and industry-friendly Bureau of Energy Resources (BER) and now U.S. Ambassador to oil-soaked Azerbaijan — wrote a memo on April 24, 2014 to former BER head Carlos Pascual recommending approval of the “illegal scheme.” 

Pascual now serves as a non-resident Fellow at the Columbia University Center on Global Energy Policy, which many suspect is funded by the oil and gas industry, but the Center does not disclose its funding sources. Pascual signed his “CP” initials on the “approve” line, meaning Enbridge’s project had the State Department seal of approval.

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

Though officially written by Cekuta, the bottom of the memo indicates it was drafted by both Hahs and Michael Brennan. Before serving in various capacities for the State Department beginning in 2003, Brennan worked for Shell Oil as its Manager for Export Sales Business Development in Asia and Latin America, according to his LinkedIn profile.

Later that same day, Brennan fired an email off to Coburn informing him of the State Department approval decision.

“Keystone XL Clone” Precedent Cited

In the June 6 memo penned by Enbridge’s counsel, its attorneys explained why “interconnections on Line 67 can take place in advance of the U.S. Department of State’s issuance of the Supplemental Environmental Impact Statement (‘SEIS‘) and the requested Presidential Permit to authorize Enbridge to operate the border segment of Line 67 at its design capacity of 880,000 barrels per day.”

Among the myriad legal cases cited in the memo, Coburn and Runyan pointed to the Sierra Club, et al v. U.S. Army Corps of Engineers case reported on by DeSmogBlog, which Enbridge argued and won as a defendant.

Coburn and Runyan wrote that the Sierra Club v. Army Corps of Engineers case rejects the legal “argument that construction of pipeline outside the area of federal permitting jurisdiction could be [prohibited] pending NEPA review.”

Because construction of the pump stations and interconnections are not occurring within the border segment of Line 67, and are independent from the Line 67 border capacity expansion…this activity is not required to await the completion of the SEIS,” they wrote.

That case, like the current one, centered around NEPA.

In that one, the U.S. Army Corps of Engineers handed Enbridge a controversial Nationwide Permit 12 permit to build its now-operational Flanagan South pipeline, which Sierra Club argued circumvented the NEPA process. It appears that case set an important legal precedent.

Flanagan South connects to Alberta Clipper in Flanagan, Illinois and ends in Cushing, Oklahoma via a connection to the Seaway Twin pipeline, which Enbridge co-owns with Enterprise Products Partners. From there, the heavy tar sands dilbit is taken to Gulf coast refineries, the same ones TransCanada’s Keystone pipeline system currently feeds into.

Together, all three pipeline pieces make up what DeSmogBlog has called the “Keystone XL Clone” pipeline system.

“Stand Down”

Asked about the emails, Doug Hayes, the Sierra Club attorney working on the U.S. District Court of Minnesota case, wrote in an email to DeSmogBlog that he thinks the State Department is essentially partaking in a dereliction of duty.

“There is absolutely no question that the State Department has the authority to tell Enbridge to stand down and follow the process that was always intended,” wrote Hayes. “The State Department is just not taking its presidential permitting responsibilities seriously and letting Enbridge call the shots.”

Neither representatives from Enbridge, the Steptoe & Johnson attorneys nor the State Department officials involved in the behind-the-scenes permitting of the “illegal scheme” responded to requests for comment sent by DeSmogBlog.

A hearing is scheduled for September 10 at the U.S. Courthouse in Minneapolis, Minnesota for the environmental groups’ Motion for Partial Summary Judgment, which was submitted on April 6.

 

For safe and healthy communities…