Tag Archives: Benicia CA

New rules for crude-by-rail transport fall short

Repost from SFGate (San Francisco Chronicle)

New rules for crude-by-rail transport fall short

By Lois Kazakoff on May 1, 2015 5:50 PM
Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif.
California moves to prevent spills of oil shipped by trains – Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif. Photo By Irfan Khan/Los Angeles Times/MCT

The U.S. Department of Transportation unveiled new rules on transporting crude oil by rail Friday that set a timeline to get old-technology, easily punctured tank cars off U.S. and Canadian rail lines but fail to address the explosive nature of the Bakken crude that sparked the public’s concerns to begin with.

While the new rules are a step toward safer rail transport, it is a disappointing decision for the dozens of communities the oil trains roll through on the way to West Coast refineries. The new rules get the old DOT-111 cars off the rails over the next three years, and beef up the steel gauge required to construct the new CPC-1232 cars. But the Department of Transportation itself noted nearly a decade ago that the old cars punctured in minor, low-speed collisions. The new rules should have immediately banned them rather than phasing them out.

Most distressing is that the new rules do not set a standard for the volatility of what goes in the tank cars. Lower volatility would reduce the risk of explosions. Crude extracted from the Bakken Oil Shale is significantly more volatile than other types of petroleum — a fact the Department of Transportation has acknowledged and the public became aware of in July 2013 when a train carrying Bakken crude exploded in Lac Megantic, Ontario.

The new rules will do little to allay the worries of residents in Davis, Martinez and Pinole, where railroad tracks crisscross streets, or in Benicia, where Valero has applied for permission to retrofit its refinery to receive crude by rail in addition to crude by tanker ship. Valero has proposed moving the oil in the CPC-1232 cars, limiting oil trains to 50 cars rather than the more standard unit of 100 cars, and reducing train speeds in town. The City of Benicia is expected to release the draft environmental impact report on the project June 30.

Bills introduced in the House and the Senate this month would address these concerns, and more, notably requirements to notify first responders in real time when the trains are coming through. The new department rules require a railroads to provide a telephone number for first responders to call but do not require notification.

“These rules do not go far enough in addressing the safety concerns posed by trains transporting highly volatile crude oil through the heart of our communities,” said Rep. Mike Thompson, D-St. Helena. “We need to put robust, comprehensive safety measures in place that will help make sure communities are safe, rail cars meet the strongest possible standards, and first responders are prepared in the event of an emergency. DOT’s rules do not sufficiently address these issues and so Congress should act to put safety measures in place.”

Action in Congress this month presaged the announcement of the new less-than-adequate Department of Transportation regulations.

Thompson’s bill, introduced April 15 and co-authored with Reps. Jim McDermott, D-Wash., Doris Matsui, D-Sacramento, and Ron Kind, D-Wis., would require volatility standards and weekly communications between first responders and railroad officials about crude oil trains.

In the Senate, Sens. Dianne Feinstein, D-San Francisco, Ron Wyden, D-Ore., and Jeff Merkley, D-Ore., introduced legislation April 30 to protect communities from oil train accidents, focusing on communication with first responders.

Last year saw a record 144 rail accidents in the U.S., up from just one in 2009. The volume of oil cars, however, has increased by 4000 percent since 2008.

Rep. Thompson has it right: Congress needs to step in and demand better protections for communities on the rail lines.

Davis Enterprise: Garamendi calls for greater Bakken oil-by-rail safety

Repost from The Davis Enterprise
[Editor:  Significant quote: “‘DOT began working on updated rules in April of 2012 and from 2006 to April of 2014, a total of 281 tank cars derailed in the U.S. and Canada, claiming 48 lives and releasing almost 5 million gallons of crude and ethanol,’ the letter reads.  ‘Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives.'”   That said, Mayor Wolk joined the long list of officials who say they don’t want to STOP oil trains, only make them “safer.”  Good luck.  More photos here.  – RS]

Garamendi calls for greater Bakken oil-by-rail safety

By Dave Ryan, April 9, 2015
Rail1W
Davis Mayor Dan Wolk speaks at a news conference Wednesday organized by Rep. John Garamendi, D-Walnut Grove, to promote the congressman’s legislation that aims to reduce the volatility of Bakken crude oil. As many as 100 tank cars filled with the volatile oil could come through Davis every day if a proposed Valero oil refinery expansion is OK’d. Sue Cockrell/Enterprise photo

Rep. John Garamendi, D-Walnut Grove, called for less volatile Bakken crude oil — which is transported across the country by rail — on Wednesday morning, using the backdrop of the Davis Amtrak station to drive his point home.

Garamendi introduced the Bakken Crude Stabilization Act on March 26 in a bid to protect what he said are 16 million Americans living and working near railroad shipment lines. If approved, the bill will require lower vapor pressure for transported Bakken crude to reduce its volatility, a practice currently required in Texas and to some degree in North Dakota.

An oil tanker rumbles past the Davis train depot at Second and H streets Wednesday morning, interrupting a news conference organized by Rep. John Garamendi, D-Walnut Grove, to address oil-by-rail safety. Sue Cockrell/ Enterprise photo

Vapors like propane and butane add to the unstable nature of Bakken crude during train derailments.

On Wednesday, Garamendi and other government officials explained why requiring more safety for railroad tank cars is essential to communities along rail lines like Davis and Fairfield, should there be an explosion. As if on cue, freight trains carrying black tank cars rumbled by as Garamendi spoke.

“You’d wipe out downtown Davis and possibly hundreds of people,” he said, adding that stripping out volatile vapors would prevent a fireball rising what he said was a hundred feet in the air.

Solano County Supervisor Skip Thomson said there are refineries and pipelines in his county, but also populations along rail lines and an environmentally sensitive marshland.

“If we de-gas the oil, that is a huge thing for safety,” Thomson said. “We need to ask that legislation be passed. … We need to move this quickly.”

Environmental groups say Bakken crude oil is transported through Yolo and Solano counties along Union Pacific Railroad lines that run through Davis, Dixon, Fairfield and Suisun City on their way to the Valero oil refinery in Benicia. A proposal is pending before the Benicia City Council that could increase the number of rail tank cars moving through those cities, increasing shipments to about 70,000 barrels of oil a day in two, 50-car-long shipments.

So-called “up-rail” community groups are fighting the proposal, and local governments in Yolo and Solano counties are working for better safety and oversight of the Valero project, which is still in the environmental review process.

Davis Mayor Dan Wolk said local agencies’ goal in the Valero project is not to stop commerce, but to ensure that adequate safety measures are in place.

Meanwhile, at the state level, a warren of rules protecting rail commerce prohibit states and localities from enacting restrictions on rail traffic, leading to calls for the federal government to step in.

However, laws protecting railroads, some more than a century old, ensure that railroads have a strong hand in approving any new regulations that the federal Department of Transportation or the Federal Railroad Administration may impose on their industry. Most regulations are created by consensus with the railroads.

Garamendi said a legislative approach is the quickest way to get the railroads to implement safety standards.

“Every day we delay the implementation of a stronger safety standard for the transport of Bakken crude oil by rail, lives and communities are at risk,” the congressman said in a prepared statement released at the news conference.

“We need the federal government to step in and ensure that the vapor pressure of transported crude oil is lower, making it more stable and safer to transport. We also need to upgrade and ensure the maintenance of rail lines, tank cars, brake systems and our emergency response plans.”

Getting railroads to help beef up local safety planning is a big part of what state and local governments are trying to wring out of the rail industry. One key demand is to get the railroads to disclose to emergency first responders what is inside their tank cars.

In a March 3 letter to the U.S. Department of Transportation written by Garamendi and Congresswoman Doris Matsui, D- Sacramento, the pair said the need for safer train cars has long been documented and is overdue.

“DOT began working on updated rules in April of 2012 and from 2006 to April of 2014, a total of 281 tank cars derailed in the U.S. and Canada, claiming 48 lives and releasing almost 5 million gallons of crude and ethanol,” the letter reads.

“Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives.”

Asked Wednesday what the chances are of a railroad safety bill passing through a Republican-controlled Congress, Garamendi said “excellent,” evoking some chuckles from other government officials standing by.

 

Benicia CA: City Council adopts letter encouraging rail safety

Repost from The Vallejo Times-Herald
[Editor:  UPDATE: On Tuesday, 4/7/15, the Benicia City Council approved sending the League of California Cities letter by unanimous vote.  See original documents on the City of Benicia’s website:
      – Staff’s Agenda Report
      – Mayor Patterson’s draft letter of support (not approved)
      – League of Cities letter requesting letters of support & sample letter (sample letter approved)
– RS]

Benicia mayor to request council to send letter encouraging rail safety

By Irma Widjojo, 04/06/15, 7:58 PM PDT
Benicia, California
Benicia, California

Benicia >> Mayor Elizabeth Patterson on Tuesday night will be asking the rest of the city council to consider sending a letter to the Federal Office of Management and Budget in support of several rail safety recommendations.

League-of-CA-Cities-LogoBenicia is a member of the League of Cities, which has adopted 10 recommendation as official policy to “increase rail safety in the transport of hazardous materials.”

The recommendations include mandating speed limits and electronically controlled braking systems, increasing the federal funding for training and equipment purchases for first responders, regulating the parking and storage of tank cars and others.

The League Executive Director has requested that cities send letters to the appropriate federal rail safety rule making authority requesting that these measures be implemented, Patterson said.

Patterson — an outspoken advocate of tougher crude-by-rail safety measures — said she has asked the city attorney to “determine whether sending a letter requesting rail safety improvements would in any way create a due process issue for the city,” since Benicia is currently processing the use permit and Environmental Impact Report for the Valero Crude by Rail project.

However, the city attorney determined that there would not be an issue since “the letter does not oppose the Valero project or take any position on adequacy of the environmental review for the project.”

In November, the city attorney released a legal opinion that states that Patterson should not participate in any decision concerning the project because “the appearance of bias” could result in a legal challenge against the city.

However, the mayor, who has hired her own attorney, at that time indicated she doesn’t intend to follow the city’s advice.

The council is set to meet at 7 p.m. Tuesday at City Hall, 250 E. L St. Agendas and staff reports can be found on the City’s website.

Recent Grassroots Victories: Standing Against Big Oil’s Crude-by-Rail Push

Repost from NRDC Switchboard

Standing Against Big Oil’s Crude-by-Rail Push

By Franz Matzner, April 6, 2015

Franz MatznerOver the last few days, we’ve seen a series of grassroots victories that prove we’re not stuck with Big Oil’s plan to foist dangerous fossil fuel infrastructure on communities across the country.

Oil Train Fire.jpg
A March 5, 2015, oil train derailment on the banks of the Galena River in Illinois. (Environmental Protection Agency)

Just last week, TransCanada (of Keystone XL infamy) confirmed that it is dropping a marine crude oil export terminal in Quebec due to environmental concerns, a move that will delay the target opening date for the massive Energy East tar sands pipeline by at least two years.

Across the continent, Big Oil was also dealt two blows against its attempts to import extreme crudes into California by rail. In the face of strong community opposition, midstream oil company WesPac has abandoned its plan to build a rail terminal that would have brought dirty crude oil into the San Francisco Bay Area.

A few years ago, WesPac proposed a rail and marine terminal that would transport 242,000 barrels per day of crude oil–nearly a third of the capacity of Keystone XL–through Pittsburg, CA, a small community of 60,000 residents and then on to Bay Area refineries. The problems with WesPac’s proposal are myriad: it would expose Pittsburg’s population, largely communities of color and low-income communities, to the risks of exploding trains and increased air pollution, and it would require a massive investment in fossil fuel infrastructure at a time when we should be moving toward clean energy solutions.

The project was so ill-conceived that, following comments by NRDC and others, the California Attorney General wrote a letter finding “significant legal problems” with the project’s environmental review documents. Accordingly, the city decided to put the project on hold and revisit its environmental review process. That’s where things stood for over a year, until last week, when WesPac announced that it would drop the rail terminal aspect of the project altogether.

As community and environmental advocates have repeatedly pointed out, oil trains pose serious risks–risks that were highlighted by a series of fiery accidents over the last few weeks. (Notably, some recent accidents have involved Canadian tar sands crude, in addition to a bevy of dangerous mishaps involving North Dakota’s Bakken crude, which has long been known to be highly volatile and has been the culprit in most oil train disasters.)

This win in Pittsburg follows a recent decision by another Bay Area city, Benicia, to withdraw and revise its environmental review documents for a proposed crude-by-rail terminal at Valero’s Benicia refinery. As NRDC and others, including the California Attorney General, pointed out in legal comments, the terminal would pose serious safety and health threats to Benicia and to residents along the rail line. Momentum is also building against another crude-by-rail proposal up for consideration further south in San Luis Obispo County.

These victories show the power of local communities to stop Big Oil in its tracks.

The battle, however, is far from over: Valero is still trying to push forward with its rail terminal, and WesPac’s proposed marine terminal would have significant impacts on the fragile San Francisco Bay Delta and nearby residents. In fact, WesPac’s plans may still include the renovation of long-dormant storage tanks to stockpile large volumes of volatile crude oil, even though those tanks are literally a stone’s throw from homes, churches, and a school.

Train Map.jpg
The proposed WesPac project. (Draft Recirculated Environmental Impact Report, Figure 2-2)

Some critics have used the boom in crude oil trains as evidence that we should allow more pipelines. They offer the false choice of risk from pipelines or risk from oil trains. The truth is more sinister. Big Oil wants more of both. Pipelines and rail serve different geographic areas and often carry different types of oil. The problem is that both forms of transportation have risks, and both bring fossil fuels perilously close to our communities. Clean energy investments do the opposite: they eliminate the dangerous risks of spills and bomb trains, while cutting carbon pollution.

It’s time our elected leaders follow the example of communities across the country by saying “no” to Big Oil and “yes” to clean solutions that accelerate fuel efficiency, electric vehicles, clean fuels, and renewable energy such as solar and wind.

Franz A. Matzner is associate director of government affairs for the Natural Resources Defense Council. His policy background includes energy, climate, and forestry. He previously held the position of senior policy analyst for agriculture and the environment at Taxpayers for Common Sense (TCS). Matzner graduated Phi Beta Kappa from the University of Pennsylvania. He is co-author of the NRDC report “Safe At Home: Making the Federal Fire Safety Budget Work for Communities.”