U.S. Mayors: oil trains must be drained of explosive gas

Repost from Reuters
[Editor: see also Safety of Citizens in Bomb Train Blast Zones in Hands of North Dakota Politicians and North Dakota seizes initiative in CBR degasification. – RS]

U.S. oil trains must be drained of explosive gas, mayors say

By Patrick Rucker. WASHINGTON, Sep 16, 2014

(Reuters) – Dangerous gas should be removed from oil train shipments to prevent a future disaster on the tracks, U.S. mayors and safety officials will tell regulators in comments on a sweeping federal safety plan.

The Department of Transportation in July proposed measures meant to end a string of fiery accidents as more trains carrying oil from North Dakota wind across the United States.

Tank cars carrying flammable cargoes would be toughened and forced to move at slower speeds under the plan. But critics say the failure to address vapor pressure, a measure of how much volatile gas is contained in the crude, is a major omission, and intend to drive their point home.

“That’s an oversight we’re going to push them to fix,” Elizabeth Harman, an official with the International Association of Fire Fighters, told Reuters.

Responses to the DOT’s plan are due by Sept. 30, and so far more than 100 comments have been received. Typically in a contentious rulemaking major stakeholders submit their views just before the deadline.

U.S. officials have studied vapor pressure since July 2013, when a runaway oil train derailed in the Quebec village of Lac-Megantic, killing 47 people in a fireball that shocked many with its explosive power.

Until recently, official findings on vapor pressure were in line with industry-funded studies: That the North Dakota fuel is similar to other U.S. light crude oil deemed safe to move in standard tank cars.

But the DOT said last week that it did not properly handle prior samples and that a precision device, a floating piston cylinder, is needed to reliably detect vapor pressure dangers.

Given that disclaimer, many officials simply want dangerous gas removed from crude oil before it is loaded onto rail cars.

“The technology exists so it boils down to costs,” said Mike Webb, a spokesman for Davis, California, who expects nearby cities will join a call for safer handling of Bakken crude from North Dakota.

Under one scenario, energy companies would siphon gas from crude oil and send the fuel to market via different channels. But building such infrastructure, like separators or processing towers, could cost billions of dollars.

The North Dakota Petroleum Council has sampled some Bakken fuel using a floating piston cylinder and the results have been inconclusive, said Kari Cutting, vice president for the trade group.

“But nothing we’ve seen supports the idea that Bakken crude is more volatile than other light crude oils or other flammable liquids,” said Cutting.

But leaders of many railside towns say uncertainty demands the fuel only move under the most stringent safety measures.

“There is a way to haul dangerous cargo safely and that means using state-of-the-art tools,” said Karen Darch, mayor of the Chicago suburb of Barrington, where fuel-laden freight trains cross commuter tracks as many as 20 times a day.

North Dakota officials will next week hold a hearing to consider measures to de-gasify crude oil in the state.

(Reporting by Patrick Rucker, editing by Ros Krasny and Cynthia Osterman)

Highly critical reviews at close of public comment period: Valero DEIR fatally flawed

Check out these AMAZING critiques of Valero’s Draft EIR.

Here in Benicia on Friday, September 15, the final day of the public comment period, we congratulated Benicians For a Safe and Healthy Community’s DEIR subcommittee for their extraordinary effort – it’s long, but you have to at least scan through it a bit.  Incredible detail and thoroughness, representing untold hours of expert volunteer labor!

If that wasn’t enough, as the day went by we were astounded when we received copies of critical comments from nearby environmental groups.  In light of these studies, no one will be surprised if the City and Valero choose to re-write and recirculate the document.  Some are saying Valero might simply withdraw the proposal.  These highly technical reviews are overwhelming, and prove beyond a shadow of a doubt that Valero’s DEIR is fatally flawed.  See below…  (note: many of these are very large downloads – please be patient!)

A number of individuals also submitted comments and questions at the close of the comment period.  These will be made available on our Project Review page when they are collated and published by the City.

Letter from railroad attorneys to Governor Brown: in effect, ‘You can do nothing’

Letter from Union Pacific & BNSF attorneys to Governor Brown

By Roger Straw, Editor, The Benicia Independent

On September 15, 2014, San Francisco Baykeeper offered highly critical comments to the City of Benicia on Valero’s Draft EIR. With their comments, Baykeeper attached a VERY interesting letter from attorneys for the two railroads that operate in California, claiming that preemption under The Federal Rail Safety Act and the Interstate Commerce Commission Termination Act render the State of California pretty much helpless in protecting against oil spill prevention and emergency response.

The letter specifically holds that the Federal Clean Water Act is useless as a preemption workaround.

Addressed to Dana Williamson, Cabinet Secretary in Governor Brown’s office and dated July 3, 2014, the letter addresses issues discussed in a June 18, 2014 meeting between Ms. Williamson and the lawfirm Latham & Watkins.   The letter is signed by Maureen E. Mahoney of Latham & Watkins LLP, Counsel for Union Pacific Railroad Co. and BNSF Railway Co.

Note that this document is lawyer-talk, and I am not versed in legalese, so I hope my interpretation in the previous paragraph is accurate.  I’m advised by a local activist attorney that the document is significant, so am posting it here to highlight the rail industry’s views and their efforts to influence decision-makers in Benicia and elsewhere in California.

Benicians For a Safe and Healthy Community – DEIR fatally flawed

Benicians for a Safe and Healthy Community submitted a 132-page letter to the City of Benicia on Monday, September 15, 2014, the final day to submit comments for the public record on Valero’s dangerous Crude By Rail proposal.

Download the BSHC letter here.  (See page 1 with Table of Contents below)

BENICIANS FOR A SAFE AND HEALTHY COMMUNITY RESPONSE TO
DRAFT ENVIRONMENTAL IMPACT REPORT
FOR VALERO BENICIA CRUDE BY RAIL PROJECT
(SCH# 2013052074, USE PERMIT APPLICATION 12PLM-00063)
Dated: September 15, 2014

Benicians For a Safe and Healthy Community (“BSHC“) respectfully submit this Response dated September 15, 2014 to the Draft Environmental Impact Report For Valero Benicia Crude By Rail Project (“Response“). Unless defined otherwise hereunder, capitalized terms and/acronyms used herein that are defined in the Draft Environmental Impact Report (“DEIR“) will have the meaning given to such terms in the DEIR. The Response includes this written response together will all prior oral and written comments to the DEIR provided by BSHS to date. BSHC would like to thank the many individual members of BSHC who contributed to this Response. Follow-up consultation with BSHC and the City of Benicia’s formal response to BSHC should be directed to Marilyn J. Bardet.

BSHC comments - index

For safe and healthy communities…