Guy Cooper of Martinez: Denying for dollars

Repost from The Martinez Gazette
[Editor: Friend of Benicia and Martinez Gazette columnist Guy Cooper has written a 2-part series on global warming and the deniers.  Well done!  – RS]

Martinez Environmental Group: Denying for dollars (part 1)

By Guy Cooper, October 21, 2014

Just finished reading “Merchants of Doubt” by Naomi Oreskes and Erik M. Conway. An exhaustively researched and compelling read. I’m trying to get my head around the whole global warming and greenhouse gas (GHG) production issue as prompted by, amongst other things, consideration of Shell’s proposed “greenhouse gas reduction project” here in Martinez. (…continued)

Martinez Environmental Group: Denying for dollars (part 2)

By Guy Cooper, November 16, 2014

I left off last time (Oct. 21) illuminating a pattern of deliberate denial that has pervaded public discourse on a number of health and environmental issues over the years.

The authors of “Merchants of Doubt” identify Ben Santer, a renowned atmospheric scientist working at the Lawrence Livermore National Laboratory investigating and modeling global warming, as first recognizing the pattern of denial that victimized himself and others.

The cause of global warming has been the subject of much scientific debate. Fossil fuel contributions to global warming have been suggested since the ‘60s, and understanding refined by the mid-‘90s as computer atmospheric modeling prowess evolved. What about “natural variability”? Volcanic activity? Scientists peer reviewed, debated, vetted each others hypothesis’, as scientists are wont to do, and clarified the science corroborating the human activity cause. But non-scientists or politically and ideologically motivated scientists without climate expertise deliberately barraged the public with deflections, denials and personal attacks aimed at undermining the credibility of the climate scientists and their science.(…continued)

 

ABC7 News: San Jose public forum opposes plan for oil trains through East Bay

Repost from ABC 7 News
[Editor: Significant quote: “Phillips 66 says it must increase oil production in California and detouring trains around the Bay Area isn’t possible.”  – RS]

San Jose opposes rail shipments of crude oil

By Cornell Barnard, January 25, 2015


SAN JOSE, Calif. (KGO) — A plan to allow oil trains to pass through San Jose is facing opposition.

Phillips 66 would build a rail terminal at its Santa Maria refinery that would send trains with up to 80 cars of crude oil through Southern California and the Bay Area.

Millions of gallons of crude oil would move through the Bay Area weekly if this plan is approved. The city of San Jose opposes the idea and held a public forum at City Hall Sunday to educate residents.

Trains move through San Jose 24 hours a day, seven days a week. Some carry people and others move freight. But a proposal by Phillips 66 could allow heavy crude oil to be transported by rail from Canada to a refinery in San Luis Obispo County, right through the Bay Area and Coleen Huffman’s downtown neighborhood. “Really scary, I mean the loud noise, the pollution, the fear of what if it crashed,” she said.

“This project if approved is a disaster waiting to happen,” Center for Biological Diversity spokesperson Valerie Love said.

The group held a public forum to educate residents about the dangers of so called oil trains. “We’re talking primarily about tar sands oil, heavy crudes from Canada, so this is one of the most toxic, the most carbon intensive, the dirtiest fuels on the planet,” Love said.

There have been accidents. A train carrying crude oil derailed near Quebec, Canada in 2013 killing dozens nearby.

Doug Sunlin has concerns about crude moving through large cities like San Jose. “Primarily the safety, if they are old cars they could have leaks,” he said.

In a statement, Phillips 66 says, “We have one of the most modern crude rail fleets in the industry, which exceed regulatory standards. Safety is our top priority.”

Phillips 66 says it must increase oil production in California and detouring trains around the Bay Area isn’t possible.

San Jose City Councilman Ash Kalra opposes the idea, which he says won’t help keep gas prices low in the Bay Area. “It’s not benefiting us. It’s not lowering gas prices for Californians or Americans and yet we have to suffer the consequences.”

Folks signed a petition urging the San Luis Obispo County Planning Commission to deny the oil train project.

San Luis Obispo Refinery Wants Oil by Train

Repost from The Santa Barbara Independent

SLO Refinery Wants Oil by Train

Phillips 66 Runs into Public Resistance over Proposal to Lay New Tracks and Unload More Canadian Crude

By Natalie Cherot, January 23, 2015

Courtesy PhotoA slow-moving pipeline moves a haul of crude oil to a refinery just north of the Santa Barbara County border. Stand on the nearby coast’s 18,000-year-old sand dunes and look away from the sea, and a perfect view emerges of the expansive Phillips 66 Santa Maria Refinery. The name is a misnomer. The San Luis Obispo facility on the Nipomo Mesa is 17 miles northwest from the City of Santa Maria. Directly south is the Santa Maria River.

Golden Sierra Madre mountains shimmer in the distance, and hearty sage scrub surrounds its perimeter alongside grazing cattle. The night sky around the facility is never dark; its aquarium lights border on festive. The illumination is necessary because the refinery is open 24 hours a day, 365 days a year. It begins the process of turning crude into a finished product like gasoline, diesel, or jet fuel, and pumps the semi-refined batches 200 miles north to the San Francisco Bay Area plants for finishing.

With oil prices dropping and California supplies both dwindling and facing harsh competition from North Dakota, much speculation swirls on the question of what kind of oil will arrive to the refinery on the dunes in the coming years. Right now it is “mostly used for California-produced oil,” said Phillips 66 spokesperson Rich Johnson.

But as of 2013, Phillips 66’s newest product is Canadian tar sands, a thick, gooey combination of clay, sand, water, and viscous bitumen. It’s hard to control and expensive to process. The Kearl Lake tar sands field cuts through Alberta’s boreal forest and wetlands, and has been turned into a mined landscape. An estimated 170 billion more barrels are still available for the taking.

In the summer of 2013, Phillips 66 submitted permit applications to San Luis Obispo County’s Planning Commission to add 1.3 miles of train track to its Santa Maria Refinery’s existing rail spur so crude can be delivered by train rather than by pipe. The proposed upgrades, which include five parallel tracks, an unloading facility, and new on-site pipelines, wouldn’t increase the amount of crude processed at the facility — volume is capped by the county’s Air Pollution Control District — but they reflect an increasing amount of oil train traffic across the country. BusinessWeek.com reported that it’s tripled in the last four years.

According to the project’s draft Environmental Impact Report (EIR), the facility would be able to handle five train unloads a week for a maximum of 250 a year. Each train with about 80 tanks on board would carry between 1.8 million and 2.1 million gallons of crude.

A first draft of the EIR — which indicated that both Canadian tar sands and North Dakota Bakken formation crude would be carried on the trains — was published that fall and received 800 public comments. The massive amount of feedback, much of it negative, prompted the Planning Commission to delay a final decision on the project. The commission issued a second 889-page draft EIR in October 2014, and a few weeks from now, a public comment period will take place. The date has not been finalized.

The biggest contention in the first draft was about Bakken crude. “The bottom line is Bakken Crude likes to burn and it will not take much to get it going,” wrote Paul Lee, battalion chief for the California Department of Forestry and Fire Protection in a letter to the San Luis Obispo Planning and Building Department. For preparation of the second draft EIR, Phillips 66 requested the county “delete statements suggesting that the Bakken oilfield as the most likely source of crude oil.” The new draft EIR states no Bakken will arrive by rail. Phillips’s spokesperson Rich Johnson said the refinery can’t handle the sweeter, lighter Bakken crude, as it specializes in the ultra-heavy tar sands.

Four accidents involving Bakken crude are mentioned in the latest report. A 30,000-barrel spill occurred in April 2014 in Lynchburg, Virginia, when a transport train derailed and erupted into flames. In November 2013, a train jumped the tracks in Aliceville, Alabama. Twelve tanker cars of Bakken spilled and caught fire. The next month, another oil train crashed in Casselton, North Dakota, where 20 cars of Bakken exploded and burned for 24 hours. Forty-seven people died when a train carrying the crude derailed and exploded in Quebec on July 2013.

The Pipeline and Hazardous Materials Safety Administration has issued a warning to move transportation of Bakken oil away from highly populated areas because of explosion risks. “Most think that Crude will not get going unless it gets warmed up first and in some cases that is correct, [but] Bakken Crude does not need to be aggravated to burn or even explode,” wrote Lee. “The NTSB (National Transportation Safety Board) is concerned about its ability to explode so much in fact that there is a recommendation to have rail avoid populated areas.”

Phillips 66’s rail expansion plan is part of larger national strategy to better accommodate tar sands coming out of the ground quicker than the current system of pipelines can handle. “Our real challenge that we have, or opportunity that we have, is to get advantaged crudes to the East Coast and West Coast,” said Greg Garland, chairman and CEO of Phillips 66, at the Barclays CEO Energy-Power Conference last year. “So we’re working that in terms of moving Canadian crudes down into California or building rail facilities.”

Two thousands miles north in Alberta, Canada, the contentious Keystone XL pipeline would transport tar sands through Montana, Nebraska, Illinois, Oklahoma, and Houston. The pipeline’s foes claim the fuel is too emission-intensive and corrosive to pipelines. Supporters say if the Keystone XL is blocked, tar sands will come by the more dangerous transportation methods of boat or rail. Recent Philips 66 literature states: “Until new pipeline projects come online, rail is in many cases the easiest and most cost efficient way to get advantaged crude to some of our refineries.”

Trains coming and going from Santa Maria Refinery would travel the path of the Union Pacific Rail, on tracks shared by Amtrak. They would make the journey north through the Nipomo Mesa, up the precarious Cuesta Grade through Paso Robles, Salinas, and San Jose. Then they head through Richmond, then Berkeley. Richmond and Berkeley city councils recently passed resolutions calling for stricter regulations on crude oil trains.

The paths of the trains coming from the south — and carrying crude from any number of sources — are unclear and not ironed out in the draft EIR, but they would likely go through Ventura and Santa Barbara counties. A potential path indicated in the report heads through downtown Moorpark at the eastern edge of Ventura County after it passes through Simi Valley, but that potential route may have hit a glitch.

On December 17, the Moorpark City Council voted to send a letter to the San Luis Obispo Planning Commission opposing Phillip 66’s proposal because of its potentially hazardous risks. “I feel strongly that we need to show a little bit of leadership here as a city to formally object to this,” said one councilmember. “Hopefully other cities along this track will as well.” According to the report, once the trains leave Moorpark they could head through Camarillo to Ventura and along the coast to Carpinteria, Santa Barbara, and Goleta.

Johnson does not see much long-term job growth — or even stability — at the refinery given its current pipeline setup and a recent dip in statewide supplies. To stay competitive, company officials have argued, the refinery needs to revamp its intake methods so it can accept crude from other sources. “We are trying to keep the jobs we have,” Johnson said of the 200 people working at the plant. “Oil production in California is on the decline.” Rumors of a too-twisted and warped Monterey Shale formation from years of tectonic activity became a public reality in May when the government agency, Energy Information Administration, downgraded a predicted 13.7 billion barrels of recoverable oil to 600 million.

DeFazio Blasts U.S. DOT for Failing to Address Rail Tank Car Safety

Press Release from Congressman Peter DeFazio

DeFazio Blasts U.S. DOT for Failing to Address Rail Tank Car Safety

Will request an Inspector General audit of PHMSA safety programs

From Press Release, 22 Jan 2015

Washington, D.C. – Today, Ranking Member of the Committee on Transportation and Infrastructure Peter DeFazio (D-OR) sent a letter to U.S. Department of Transportation (DOT) Secretary Anthony Foxx, urging him to take immediate action to address rail tank car safety and other significant pipeline and hazardous materials safety hazards.

“Despite numerous incidents involving the transportation of crude oil and other flammable materials by rail, subsequent NTSB safety recommendations, and an industry petition for new tank car design standards, the Pipeline and Hazardous Materials Safety Administration (PHMSA) failed to take action until a train transporting crude oil in DOT-111 tank cars in Lac-Megantic, Quebec, killed 47 people and completely destroyed the town center,” said DeFazio. “Here we are almost 15 months later, and we still do not have a final rule.”

DeFazio also takes issue with PHMSA’s failure to address longstanding, significant safety issues that extend to pipelines.

In multiple pipeline accident investigations over the last 15 years, the NTSB has identified the same persistent issues–most of which DOT has failed to address. Each time, Congress has been forced to require PHMSA to take action, most recently in the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011. Yet three years later, almost none of the important safety measures in the Act have been finalized, including requirements for pipeline operators to install automatic shutoff valves and to inspect pipelines beyond high-consequence areas.

“For these reasons, I will soon be sending a letter to the DOT Inspector General (IG), requesting a thorough audit of PHMSA’s pipeline and hazardous materials safety program, including an evaluation of the agency’s effectiveness in addressing significant safety issues, congressional mandates, and NTSB and IG recommendations in a timely manner; the process PHMSA utilizes for implementing such mandates and recommendations; the sufficiency of PHMSA’s efforts to coordinate with the modal administrations and address safety concerns raised by those administrations; and any impediments to agency action, such as resource constraints.”

DeFazio urges DOT to take immediate action to address these serious safety issues. He writes that the tens of millions of Americans who rely on the Federal Government to protect their safety and health and our nation’s natural resources rightly deserve more than proposed rules that languish in the Federal bureaucracy.

The full letter to Secretary Foxx is below:

January 22, 2015

The Honorable Anthony Foxx
Secretary of Transportation
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590

Dear Secretary Foxx:

I write to express my serious concerns with the repeated failure of the U.S. Department of Transportation (DOT) to address longstanding and undisputed pipeline and hazardous materials safety issues.

The rule regarding Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains is a prime example. The DOT maintains finalizing this rule remains one of its highest priorities, yet the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) now reports that publication of a final rule is not anticipated until May 12, 2015. In fact, the DOT has not even transmitted a draft final rule to the Office of Management and Budget for review.

The National Transportation Safety Board (NTSB) has raised concerns about the “high incidence of failure” of DOT-111 tank cars since 1991. In fact, over the last 10 years, the NTSB has investigated or is currently investigating seven accidents involving the transportation of crude oil and other flammable materials in DOT-111 tank cars, including an October 2006 train derailment in New Brighton, Pennsylvania, which caused the release of 485,278 gallons of ethanol that ignited and burned for almost 48 hours; an October 2007 ethanol train derailment in Painesville, Ohio; a June 2009 ethanol train derailment and fire in Cherry Valley, Illinois, which killed one person, injured nine others, and resulted in a mandatory evacuation of about 600 residences within a half-mile radius of the accident site; an October 2011 ethanol train derailment in Tiskilwa, Illinois; a July 2012 mixed freight train derailment in Columbus, Ohio, which released 53,000 gallons of ethanol; a December 2013 train derailment and fire in Casselton, North Dakota, which resulted in the release of 476,000 gallons of crude oil and the evacuation of 1,400 residents; and, an April 2014 train derailment in Lynchburg, Virginia, which spilled 30,000 gallons of crude oil in and around the James River.

The NTSB has been made aware of (but is not investigating) five additional train accidents that occurred between August 2008 and February 2014 in the U.S., which involved the release of crude oil, causing significant environmental damage and fires.

In March 2011, the Association of American Railroads petitioned PHMSA to conduct a rulemaking on new tank car design standards, which seemingly languished in the bowels of the agency until 2013, when a train transporting crude oil in DOT-111 tank cars in Lac-Megantic, Quebec, killed 47 people and completely destroyed the town center. Coincidentally, two months later, PHMSA issued a Notice of Proposed Rulemaking (NPRM) on new tank car design standards.

Here we are almost 15 months later, and we still do not have a final rule. Frankly, I am concerned that opposition to the more contentious portions of the rule will only lead to further delays, possibly even litigation. That will end up postponing implementation of a final rule while the concerns of States and local communities are growing.

Moreover, these delays have significant implications for rail car manufacturers. It will take time for them to adjust to the standards proposed in the rule, which in turn will have a rippling effect on shippers who are putting off purchases of new tank cars until the new design standards are finalized. As I have said before, I believe that you should seriously consider severing this rule and propose one rule on stronger tank car design standards and another rule to address the operational changes proposed in the NPRM. That is sure to move this issue forward and address the more immediate dangers posed by the current DOT-111 tank cars.

Additionally, my concerns regarding PHMSA’s failure to address longstanding, significant safety issues extend to pipelines, as well. In multiple pipeline accident investigations over the last 15 years, the NTSB has identified the same persistent issues, most of which DOT has failed to address on its own accord. Each and every time, Congress has been forced to require PHMSA to take action, most recently in the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112-90). Yet, three years later, almost none of the important safety measures in the Act have been finalized, including requirements for pipeline operators to install automatic shutoff valves and to inspect pipelines beyond high-consequence areas.

For these reasons, I will soon be sending a letter to the DOT Inspector General (IG), requesting a thorough audit of PHMSA’s pipeline and hazardous materials safety program, including an evaluation of the agency’s effectiveness in addressing significant safety issues, congressional mandates, and NTSB and IG recommendations in a timely manner; the process PHMSA utilizes for implementing such mandates and recommendations; the sufficiency of PHMSA’s efforts to coordinate with the modal administrations and address safety concerns raised by those administrations; and any impediments to agency action, such as resource constraints.

In the interim, I urge you to take immediate action to address these serious safety issues. The tens of millions of Americans who rely on the Federal Government to protect their safety and health and our nation’s natural resources rightly deserve more than proposed rules that languish in the Federal bureaucracy. If you need additional information or have questions regarding this letter, please have your staff contact Jennifer Homendy of my staff at 202-225-3274.

Sincerely,

PETER DeFAZIO
Ranking Democratic Member

 

For safe and healthy communities…