Tag Archives: Bakken crude

Crude By Rail, DOT-111, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Local Regulation, Massive increase in crude-by-rail, Positive Train Control, Rail inspection, Rail routing, Risk Assessment, State regulation, Train speed

Law professor: 9 ways that STATES can help regulate railroad safety and transportation

Repost from LegalPlanet.org
[Editor:  Federal preemption under the Commerce Clause is NOT the last and only word on regulating crude oil trains.  Here are some suggestions for State regulation by Professor Jayni Foley Hein, executive director of UC Berkeley School of Law’s Center for Law, Energy & the Environment.  – RS]

Oil By Rail: Nine Things California Can Do to Increase Safety

While FRA Considers New Federal Regulations, States Can Ramp Up Prevention and Emergency Response
By Jayni Hein, June 24, 2014

At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by the Commerce Clause, Federal Railroad Safety Act (FRSA), or ICC Termination Act, or all three.

While the Department of Transportation (DOT) and Federal Railroad Administration (FRA) have primary authority over railroad safety and transportation, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal rail safety requirements and conduct inspections. And even with strong federal preemption provisions, there are actions that California and other states can take right now to increase public safety in light of the enormous growth of oil by rail.

Here are nine things the state can do:

1. Prioritize track and rail car inspection.

California has more than 5,000 miles of mainline railroad track. Inspection of track and rail cars is vital, as derailments are the most common type of train accident in the United States. A national analysis of freight train derailments from 2001 to 2010 on the Class I freight railroads’ mainline track found that broken track rails or track welds were the leading cause of derailments. Broken rail car wheels and track obstructions are also common causes of derailments. (Liu, et. al. 2012).

Governor Brown’s new budget includes funding to hire seven additional rail safety inspectors for the CPUC, paid for by rail industry assessments. The state should ensure that it has enough CPUC inspectors to accommodate the projected rise in oil by rail traffic each year. If seven new inspectors are needed right now; we will likely need many more by 2016, when oil by rail shipments are projected to increase as much as 25-fold, to 150 million barrels per year.

2. Obtain robust data on rail routing, rail car contents, and accident causes.

California agencies need more information from FRA and the railroads on routes, frequency, and rail car contents, as well as data on train derailments, their causes, and risk factors specific to crude by rail transit. The state should obtain this data from FRA – a recommendation echoed in the June 10, 2014 California Inter-Agency Working Group Report. The CPUC needs both national data and California-specific data in order to do its job.

3. Conduct an analysis of the risks that crude by rail poses to the state, including identification of high-risk areas of track, and propose specific measures to increase safety.

The legislature should consider requiring an annual report from the CPUC on the specific risks that crude by rail poses to the state, and measures that it can take to increase safety. Voluntary agreements with the railroads may also be an important outgrowth of this state-specific analysis that can inform where and how to direct limited state resources. As previewed above, this state analysis should be guided by the most recent data available from FRA and the railroads.

The legislature could also consider requiring information sharing among the relevant state agencies, including CPUC, Office of Emergency Services (OES), Office of Spill Prevention and Response (OSPR), California Environmental Protection Agency, and more.

4. Require state oil spill contingency plans for trains transporting oil into the state.

SB 1319 (Pavley) would require state oil spill contingency plans for trains transporting oil into the state. Such a state-mandated plan would provide an opportunity to secure better emergency response protection for the environment and public safety.

5. Get access to daily information on oil shipments into California, and ensure that state and local emergency personnel can access this information immediately in the event of an accident.

A recent DOT Emergency Order requires that each railroad operating trains containing more than 1 million gallons of Bakken crude oil, or approximately 35 tank cars, to provide states with weekly notice that includes estimated volumes of Bakken oil  transported per week and routing information.

The state should also have immediate access to real-time shipment information, assuming the technology exists to enable this. The state should also ensure that local emergency response personnel are well trained to deal with any crude by rail accident, and can readily identify the contents of any shipment. Training and information sharing with local emergency response personnel can be paid for by the industry, using a fee or assessment like the 6.5 cent/barrel fee on all oil imports recently approved by the state.

6. Advocate for more stringent federal safety regulations.

Legislative pronouncements, as well as the CPUC’s robust participation in the Rail Safety Advisory Committee (RSAC) are needed to secure better federal standards.

California joins others states such as New York in advocating for more stringent rail car design standards (phasing out DOT-111 cars, for example), mandatory placards on rail cars identifying Bakken crude oil,  expediting Positive Train Control, and requiring electronically-controlled pneumatic brakes on all crude oil trains. The state can also advocate for further federal analysis of possible routing changes, to avoid sensitive population and habitat areas.

7. Monitor compliance with new voluntary measures that the railroads agreed to implement this year.

As part of a February 2014 agreement with DOT, the Class I railroads will perform one additional internal-rail inspection each year than required by the FRA on routes over which trains carry 20 or more tank cars of crude oil, and will conduct at least two track geometry inspections over these routes. The  railroads also agreed to use end-of-train braking systems on all oil trains, and lower train speed in federally-designated “high-threat-urban-areas.”

The CPUC should monitor the railroads’ compliance with these voluntary measures. At the same time, CPUC and the state should advocate for making these voluntary measures mandatory, by issuing new or revised FRA regulations.

8. Consider issuing guidance to local permitting agencies on requirements for offloading facilities and oil refinery expansion.

There are currently at least five crude-by-rail refinery projects being pursued in California: one in Pittsburg, one in Benicia, two in Bakersfield, and one in Wilmington. There is a patchwork of local permitting agencies responsible for land use, air, water, and other local safety and environmental issues that may be relevant to offloading sites and refineries.

Local government and permitting agencies can deny land use and other permits for refineries and offloading facilities if they find safety risks or improper environmental mitigation under statutes like the California Environmental Quality Act (CEQA). But, local agency personnel may have varying levels of expertise in oil and rail issues and may apply permitting criteria inconsistently. As such, the state, through the Office or Planning and Research (OPR), should consider issuing guidance to local permitting agencies on necessary permits and requirements for offloading facility or refinery expansion.

9. Provide guidance on CEQA review and the public comment and participation process, especially relevant to environmental justice communities that may be located near offloading sites or refineries.

While rail accidents can happen anywhere, communities near offloading sites and refineries are especially vulnerable to oil by rail transport risks. The state can provide information and guidance to these communities on opportunities for engagement, comment and participation.

In addition, the state can encourage railroads, industry and refineries to work directly with potentially affected communities to disclose as much information as possible about shipments, safety measures, and how community members can participate in the process to make their communities safer.

California Regulation, Crude By Rail, Federal Regulation (U.S.)

California lawmakers assail Feds for timid handling of rail oil shipments

Repost from The Ames Tribune, Ames, Iowa
[Editor:  The 3-hour California Joint Legislative Oversight Hearing on Transport of California Crude Oil by Rail  can be viewed here.  – RS]

State lawmakers assail Feds for timid handling of rail oil shipments

By Timm Herdt, Ventura County Star, June 20, 2014

SACRAMENTO — State lawmakers, concerned about the safety risks associated with a sixfold increase in crude oil shipments by rail into California, hoped on Thursday to get an update on what the federal government is doing.

But a regional official of the Federal Railroad Administration who had been scheduled to testify before a joint committee hearing regarding crude oil rail transport was a last-minute no-show.

Sen. Fran Pavley, D-Agoura Hills, said she received a call on the eve of the hearing from a high-level federal administrator in Washington, D.C., informing her that no one from the agency would testify.

It will take coordination between the state and federal governments to protect California from a spike in accidents that has led to fiery derailments and oil spills elsewhere, Pavley noted.

“We don’t have that cooperation yet,” she said. “There are a lot of things they can do. They need to step up to the plate.”

Other lawmakers — who are mostly powerless to act because they are pre-empted by federal law — shared her view.

A point of contention is the belief of many state and local officials that information about upcoming shipments of carloads of highly flammable crude oil should be publicly available. But railroads, citing national security concerns, have released that information only to emergency-response agencies, which must agree not to publicly disclose it.

“We’ve seen what happens when they explode,” said Sen. Hannah-Beth Jackson, D-Santa Barbara, chairwoman of the Joint Legislative Committee on Emergency Management. “It sure seems like in California our hands are tied. There’s so little we can do.”

Jackson asserted that security concerns should dictate public disclosure.

“National security means the security of people who live in the nation,” she said.

Under pressure from state officials in Montana, it appears federal officials may have decided to relent on that issue.

The Associated Press reported Wednesday that the U.S. Department of Transportation has ordered railroads to give state officials specifics on oil-train routes, and Montana officials intend to publicly release that information next week.

Rail-oil shipments have skyrocketed across the United States and Canada in recent months because there are no pipelines from which to ship oil extracted from the Bakken shale fields in North Dakota.

In the last year, derailments have resulted in fiery explosions in three Canadian provinces and in Virginia, and there have been more rail accidents involving oil spills than over the previous 30 years combined.

In Northern California, the issue has become front-page news in recent weeks, as city officials in the East San Francisco Bay city of Benicia are considering a permit application from a Valero oil refinery that would enable the refinery to accept two, 50-car trains every day.

If that refinery expansion is approved, the trains would wind through a narrow mountain pass in the Feather River Valley, and then pass through the populated corridor from Sacramento to Benicia, passing within a quarter mile of 27 schools.

Similar scenarios could unfold elsewhere around the state, testified Gordon Schremp of the state Energy Commission. He said six refinery projects have been proposed to accommodate rail shipments — two in Bakersfield, and one each in Benicia, Pittsburg, Santa Maria and the Port of Stockton.

As those projects come on line, Schremp said the commission expects the percentage of oil coming into California by rail to increase from 1 percent today to 23 percent by 2016. Most imported oil now arrives in the state either via marine tankers or by pipeline from Alaska.

A report issued last week by the state’s Interagency Rail Safety Task Force lists thousands of miles of track it identifies as “areas of concern.”

The new state budget that Gov. Jerry Brown is expected to sign Friday includes a 6.5 cent per-barrel fee on refineries to fund an expansion of the state Office of Oil Spills and Prevention and also hire new rail, bridge and railcar inspectors at the state Public Utilities Commission.

State lawmakers, who are pre-empted from taking such steps as requiring trains to take specific routes and imposing state-based safety standards on tanker cars, agreed their primary focus needs to be on preparing emergency agencies to respond to rail accidents involving toxic materials such as crude oil.

“This is an unusually fast-growing development,” said Sen. Lois Wolk, D-Davis. “It’s really important to have emergency procedures in place.”

Bakken Crude, California Regulation, Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Hazardous cargo transparency, Tank car design, Train speed

Bakersfield High School worst-case derailment scenario

Repost from the Bakersfield Californian
[Editor: this is a MUST READ article, a comprehensive and graphic description of first-responder requirements and readiness.  Someone needs to interview first responders in each of our Bay Area refinery towns, ask every single question referenced in this article, and lay out similar scenarios for the all-too-imaginable catastrophes that threaten our communities.  – RS]

Increased oil train traffic raises potential for safety challenges

By John Cox, Californian staff writer  |  May 17, 2014
Bakersfield High School is seen in the background behind the rail cars that go through town as viewed from the overpass on Oak Street. By Casey Christie / The Californian
Bakersfield High School is seen in the background behind the rail cars that go through town as viewed from the overpass on Oak Street. By Casey Christie / The Californian

First responders think of the rail yard by Bakersfield High School when they envision the worst-case scenario in Kern County’s drive to become a major destination for Midwestern oil trains.  If a derailment there punctures and ignites a string of tank cars, the fireball’s heat will be felt a mile away and flames will be a hundred feet high. Thick acrid black smoke will cover an area from downtown to Valley Plaza mall. Burning oil will flow through storm drains and sewers, possibly shooting flames up through manholes.

Some 3,000 BHS students and staff would have to be evacuated immediately. Depending on how many tank cars ignite, whole neighborhoods may have to be cleared, including patients and employees at 194-bed Mercy Hospital.  State and county fire officials say local 911 call centers will be inundated, and overtaxed city and county firefighters, police and emergency medical services will have to call for help from neighboring counties and state agencies.

While the potential for such an accident has sparked urgency around the state and the country, it has attracted little notice locally — despite two ongoing oil car offloading projects that would push Kern from its current average of receiving a single mile-long oil train delivery about once a month, to one every six hours.

One project is Dallas-based Alon USA Energy Inc.’s proposed oil car offloading facility at the company’s Rosedale Highway refinery. The other is being developed near Taft by Plains All American Pipeline LP, based in Houston.

Kern’s two projects, and three others proposed around the state, would greatly reduce California’s thirst for foreign crude. State energy officials say the five projects should increase the amount of crude California gets by rail from less than 1 percent of the state’s supply last year to nearly a quarter by 2016.

But officials who have studied the BHS derailment scenario say more time and money should be invested in coordinated drills and additional equipment to prepare for what could be a uniquely difficult and potentially disastrous oil accident.

Bakersfield High Principal David Reese met late last year with representatives of Alon, which hopes to start bringing mile-long “unit trains” — two per day — through the rail yard near campus.

He said Alon’s people told him about plans for double-lined tank cars and other safety measures “to make me feel better” about the project. But he still worries.

“I told them, ‘You may assure me but I continue to be concerned about the safety of my students and staff with any new (rail) project that comes within the vicinity of the school,'” he said.

Alon declined to comment for this story.

Both projects aim to capitalize on the current price difference between light crude on the global market and Bakken Shale oil found in and around North Dakota. Thanks to the nation’s shale boom, the Midwest’s ability to produce oil has outpaced its capacity to transport it cheaper and more safely by pipeline. The resulting overabundance has depressed prices and prompted more train shipments.

There are no oil pipelines over the Rockies; rail is the next best mode of shipping oil to the West Coast. Kern County is viewed as an ideal place for offloading crude because of its oil infrastructure and experience with energy projects. Two facilities are proposed in Northern California, in Benicia and Pittsburg; [emphasis added] the other would be to the south, in Wilmington.

A local refinery, Kern Oil & Refining Co., has accepted Bakken oil at its East Panama Lane plant since at least 2012. The California Energy Commission says Kern Oil receives one unit train every four to six weeks.

NATIONAL CHANGES

Shipments of Bakken present special safety concerns. The oil has been found to be highly volatile, and the common mode of transporting it — in quick-loading trains of 100 or more cars carrying more than 3 million gallons per shipment — rules out the traditional safety practice of placing an inert car as a buffer between two containing dangerous materials.

The dangers of shipping Bakken crude by unit train have been evident in several fiery derailments over the past year. One in July in Lac-Megantic, Quebec, Canada, killed 47 people and destroyed 30 buildings when a 74-car runaway train jumped the tracks at 63 mph.

The U.S. Department of Transportation said 99.9 percent of U.S. oil rail cars reached their destination without incident last year. Two of its divisions, the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration, have issued emergency orders, safety advisories and special inspections relating to oil car shipments. New rules on tank car standards and operational controls for “high-hazard flammable trains” are in the federal pipeline.

Locally operating companies Union Pacific Railroad Co. and BNSF Railway Co. signed an agreement with the DOT to voluntarily lower train speeds, have more frequent inspections, make new investments in brake technology and conduct additional first-responder training.

Until new federal rules take effect next year, railroads can only urge their customers to use tank cars meeting the higher standards.

“UP does not choose the tank car,” Union Pacific spokesman Aaron Hunt wrote in an email. “We encourage our shippers to retrofit or phase out older cars.”

The San Joaquin Valley Railroad Co., owned by Connecticut-based Genesee & Wyoming Inc., is a short line that carries Kern Oil’s oil shipments and would serve the Plains project but not Alon’s. A spokesman said SJVR is working with the larger railroads to upgrade its line, and the company inspects tracks ahead of every unit train arrival, among other measures designed just for oil shipments.

STATE LEVEL PROPOSALS

Gov. Jerry Brown has proposed a big change in the way California protects against and responds to oil spills.

His 2014-15 budget calls for $6.7 million in new spending on the state’s Oil Spill Prevention and Administration Fund to add 38 inland positions, a 15 percent staffing increase. Currently the agency focuses on ocean shipments, which have been the norm for out-of-state oil deliveries in California.

To help pay for the expansion, Brown wants to expand a 6.5 cent-per-barrel fee to not only marine terminals but all oil headed for California refineries.

“We’ll have a more robust response capability,” said Thomas Cullen, an administrator at the Office of Spill Prevention and Response, which is within the state Department of Fish and Wildlife.

A representative of the oil trade group Western States Petroleum Association criticized the proposal March 19 at a legislative joint hearing in Sacramento. Lobbyist Ed Manning said OSPR lacks inland reach, and that giving such responsibilities to an agency with primarily marine experience “doesn’t really respond to the problem.”

WSPA President Catherine Reheis-Boyd has emphasized the group has not taken a position on Brown’s OSPR proposal.

Also at the state capitol, Assemblyman Roger Dickinson, D-Sacramento, has forwarded legislation requiring railroads to give first responders more information about incoming oil shipments and publicly share spill contingency plans. The bill, AB 380, would also direct state grants toward local contingency planning and training. It is pending before the Senate Environmental Quality Committee.

LOCAL PREPARATIONS

In recent years Kern County has conducted large-scale, multi-agency emergency drills to prepare for an earthquake, disease outbreak and Isabella Dam break. There has not been a single oil spill drill.

Emergency service officials say that’s not as bad as it sounds because disasters share common actions — notification, evacuation, decontamination.

Nevertheless, State Fire and Rescue Chief Kim Zagaris, County Fire Chief Brian Marshall and Kern Emergency Services Manager Georgianna Armstrong support the idea of local oil spill drills involving public safety agencies, hospitals and others.

Kern County is well-versed at handling hazardous materials. Some local officials say an oil accident may actually be less dangerous than the release of toxic chemicals, which also travel through the county on a regular basis.

There have been recent accidents, but all were relatively minor.

Federal records list 18 oil or other hazardous material spills on Kern County railroads in the last 10 years. No one was injured; together the accidents caused $752,000 in property damage.

Most involved chemicals such as sodium hydroxide and hydrochloric acid. Only two resulted in crude oil spills, both in 2013 in the 93305 ZIP code in the city of Bakersfield. Together they spilled a little more than a gallon of oil.

But the risk of spills rises significantly as the volume of oil passing through the county grows.

“The volume is a big deal,” Bakersfield Fire Chief Douglas R. Greener said. “Potentially, if you have a train derail, you could see numerous cars of the same type of material leaking all at once.”

Kern County firefighters are better prepared for an oil spill than many other first responders around the state. They train on an actual oil tanker and have special tools to mend rail car punctures and gashes. The county fire department has several trucks carrying spray foam that suffocates industrial fires.

But Chief Marshall acknowledged a bad rail accident could strain the department’s resources.

He has been speaking with Alon about securing additional firefighting equipment and foam to ensure an appropriate response to any oil train derailment related to the company’s proposed offloading facility.

What comes of those talks is expected to be included in an upcoming environmental review of the project.

“We recognize the need to increase our industrial firefighting program,” Marshall said.

Chief Zagaris said Kern’s proximity to on-call emergency agencies in Tulare, Kings and Los Angeles counties may come in handy under the Bakersfield High spill scenario, which is based on fire officials’ assessments and reports from several similar incidents over the past year.

He and Marshall would not estimate how many people would require evacuation in the event of a disaster near the school, or what specific levels of emergency response might become necessary.

But Zagaris said local public safety officials would almost certainly require outside help to assess injuries, transfer people in need of medical care, secure the city and contain the spill itself.

“I look at it as, you know, depending what it is and where it happens will dictate how quickly” outside resources would have to be pulled in, he said.

Bakken Crude, Derailment, Explosion, Federal Regulation (U.S.), Lac-Mégantic, Rail industry, Spill prevention and response

All about Bakken Crude, by Guy Cooper, Martinez Gazette

Repost from The Martinez Gazette

Martinez Environmental Group: The oil, pick your poison

By Guy Cooper | April 20, 2014

Two types of North American crude will roll through our towns. There’s the Bakken crude fractured from the shale beds of North Dakota and the oil/tar sand derivatives rent from the wilds of Alberta, Canada. The former has the potential to vaporize you and your neighborhood.  The latter can slowly render your land and water and body uninhabitable.

It was Bakken crude that blew up the town of Lac-Mégantic, Quebec, last July, exploded and poisoned the wetlands of Aliceville, Ala., in November, and just missed annihilating the town of Casselton, N.D., in December. That’s just a sample.

Lac-Mégantic was the eye opener. An improperly equipped and under-staffed 70-car tanker train heading east from the oil fields of Dakota was left parked on the main line above the town with an incorrectly set brake. In the early morning hours, the train broke free and careened down the hill, derailing in the center of town. OK. A train derailment due to human error.  An unfortunate accident. One would expect a nasty oil spill and big clean up to follow.

That’s not what happened. The train exploded in concussive fireballs that flattened the downtown and instantly killed 47 people. Aerial images show an area the size of downtown Martinez reduced to rubble. Flaming oil flows poured like lava from the burning train into the nearby river and lake, cooling into an intractable underwater toxic waste deposit. It took four days just to extinguish the fires. Who knows how long it will take to clean up the mess. And, of course, 47 lives lost.  The town will never be the same.

That tragic episode got people’s attention. Crude oil is not supposed to explode. It was first thought an anomaly. Maybe the train crashed into tanks of propane. That was disproved. Then there were the pools of carcinogenic benzene fire crews found themselves slogging through. Not normal.

Well, it won’t happen again. Then it did, at Aliceville and Casselton.

What was this stuff that reacted in such an uncharacteristic way? People living beside the tracks wanted to know. Emergency responders wanted to know. Local officials and the Canadian and U.S. government agencies responsible for public safety, train regulation and hazardous materials handling sought answers. Investigations and regulatory hearings commenced. About the only people not publicly showing a lot of interest, besides issues of liability, were the companies responsible for the oil production, movement and refining. Accidents happen. Normal precautions were taken. Regulations were followed. We know what we’re doing. Let’s get the PR, lawyers and lobbyist guys on this.

In response, Grant Robertson of the Toronto Globe and Mail visited the Bakken oil fields. An oil worker invited him in and produced a mason jar of fresh-out-of-the-ground Bakken crude.  “Smells like gasoline, doesn’t it? Some guys around here pour it directly in their trucks.”  The local joke is if most crude looks like a pint of Guinness, Bakken looks like Miller Lite.

The Chemical Engineer, an industry source, reported the results of chemical analysis by Canada’s Transportation Safety Board (TSB) that largely corroborated Mr. Robertson’s hands-on experience. Flashpoint refers to the temperature at which the crude gives off enough vapor to ignite. The lower the flashpoint, the more explosive the crude. The TSB results indicated a flashpoint from Lac-Mégantic samples so low that the measuring machine could only show that it was less than -35 C. The report concluded that “It is apparent that the occurrence crude oil’s flashpoint is similar to that of unleaded gasoline.”

High vapor pressure was also found, another explosive indicator. As I understand it, vapor pressure suggests the combustible gas content of an oil. The refiner Tesoro reported in early 2013 a reading of 12 psi for Bakken. Marathon Oil reported readings of 9.7 and 8.75 between 2010 and 2013, then in 2014 (after the explosions of 2013, just saying …), reported a 5.94 result.  Analysts consider that low reading an aberration, but even that number is about twice the average of most crude oils.

This is the problem. The Lac-Mégantic train cargo was assigned a packing group III classification by the largely self-regulated oil producers based on an either missed or deliberately misleading evaluation of the real volatility. Fact is, the higher the classification number, the lower the cost of transport. Class III is considered low risk. A more realistic classification I or II would have required more train staffing, beefier cars, enhanced disaster planning and other safeguards.  In other words, there would have been someone else to double check on the brake and the train could not have been left unattended on the main line while the sole engineer went five miles away to a hotel for the night. A spot check of trucks transporting Bakken from the well-heads to rail-loading facilities found a similarly pervasive cargo mis-classification. The fact is, that left to their own devices, without adequate independent regulatory oversight, oil producers, transporters and refiners are invariably going to pick the lowest-cost strategy to bring their product to market. This is the current state of the surrounding industry we are entrusting with our safety. Not a good idea.