Tag Archives: Benicia CA

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.”

Draft EIR, Natural Resources Defense Council (NRDC), Oil spill, Rail accidents, Risk Assessment, Valero Crude By Rail

Benicia DEIR downplays risks in marked contrast to NRDC assessment

Repost from AllGov California

This Is Where Deadly Crude Oil Trains May Be Rolling Through California

By Ken Broder, June 20, 2014
(graphic: Natural Resources Defense Council)

Although this country’s oil boom has been accompanied by an explosion of dangerous crude-carrying trains―literally and figuratively―a much-anticipated environmental impact report (Summary pdf) says the spill threat from Valero Refining Company’s proposal to run 100 tanker cars a day through Roseville and Sacramento to its Benicia refinery is negligible.

The draft EIR, written by Environmental Science Associates of San Francisco for the city of Benicia and released on Tuesday, singled out air pollution, “significant and unavoidable,” as the sole danger among 11 “environmental resource or issue areas.”

The next day, the Natural Resources Defense Council (NRDC) released seven maps detailing the rail routes through the “Crude Oil Train Derailment Risk Zones in California,” which stretches from the Bay Area to the Central/San Joaquin Valley and encompasses 4 million people.

The NRDC’s assessment of risk was markedly different than in the EIR. Noting that “California has seen a dramatic increase of crude by rail, from 45,000 barrels in 2009 to six million barrels in 2013” without any new safety measures or emergency response put in place, the NRDC report said the aging “soda cans on wheels” are not built to handle the particularly volatile crude being fracked out of the ground in America’s rejuvenated oil fields like those in North Dakota, and shipped to refiners.

Tracks would run within half a mile of 135,000 people in Sacramento and 25,000 people in Davis.

The NRDC wants old tanker cars removed from service, lower speeds for trains, rerouting through less-sensitive areas, disclosure of what kind of crude is being carried, more visible emergency preparedness, fees on shippers to pay for emergency response, high-risk designations for oil-trains and more comprehensive risk assessments.

The EIR was a bit more upbeat.

It concluded that oil spills between Roseville and Benicia would occur about once every 111 years. The project would have no impact on agriculture and forestry resources or mineral resources. It would also have less-than-significant impacts on aesthetics, population and housing, public services, recreation and utilities and service systems.

In other words, the assumption is there won’t be anything like the tragic accident in July 2013 in Lac-Mégantic, Quebec, where 72 tank cars of crude oil exploded, killing 47 people and destroying much of the town’s core. As Russell Gold and Betsy Morris explained in the Wall Street Journal, “Each tank car of crude holds the energy equivalent of 2 million sticks of dynamite or the fuel in a wide body jetliner.”

The Sacramento Bee said the risk assessment’s author, Christopher Barken, previously worked for the Association of American Railroads, the industry’s leading advocacy group in Washington, and does research supported by the railroad association.

Barken’s website at the University of Illinois, where he is a professor and executive director of the Railroad Engineering Program, says, “Our strong relationship with the rail industry means our research has an impact.”

In describing the twice-a-day snaking of 50-car trains through heavily populated areas, the report offered far more information than has generally been made available by rail companies to state and local governments, as well as disaster first-responders. But the EIR did acknowledge Benicia would not reveal seven Valero “trade secrets” (pdf) at the oil company’s request.

That “confidential business information” included the specific crude Valero would be shipping in by rail and the properties of crude it refined now or in the past. That lack of information would be complicating factors in accurately assessing pollution and risk.

California, like states and localities across the nation, are scrambling just to get a handle on how much crude-by-rail is coursing through their jurisdictions, much less assessing what regulations and safety measures need to be put in place. They are working blind.

A study by Politico analyzed 400 oil-train incidents nationally since 1971 and found a dramatic escalation the past five years. Property damage from 70 accidents through mid-May this year is already $10 million, triple the year before.

“It has become abundantly clear that there are a whole slew of freight rail safety measures that, while for many years have been moving through the gears of bureaucracy, must now be approved and implemented in haste,” Senator Chuck Schumer (D-New York) said.

They must. Because the trains are already rolling and Valero would like to get its California project finished by the end of the year. America is waiting.

California Regulation, Crude By Rail, Emergency Readiness & Response, Federal Regulation (U.S.), Rail accidents, Valero Benicia Refinery

Sacramento Bee editorial: First steps on oil train safety, but more to do

Repost from The Sacramento Bee
[Editor: The Bee’s editorial board hit the nail on the head, but not hard enough.  Which is to say, the editors have joined with the chorus of legislators who want a good patch job for train wrecks that they presume are unstoppable.  Oil train safety would be best guaranteed by pressing the federal government to ban oil trains.  Allowing these “bomb trains” to rumble through our communities approaches criminal recklessness, and should be stopped.  Big business does not – or at least should not – dictate the direction we take as a nation.  – RS]

Editorial: First steps on oil train safety, but more to do

By the Editorial Board   |  Jun. 19, 2014
G092G6L04.3Staff Photographer
Assemblyman Roger Dickinson of Sacramento announced legislation in April to require more disclosure to emergency officials of oil shipments by rail. Randall Benton

These are not all the steps that are needed, but it’s good to see the Legislature trying to get ahead of a potential (oil) train wreck.  As part of the budget they approved Sunday, legislators added seven rail safety inspectors. They also included a 6.5-cent fee proposed by Gov. Jerry Brown on each barrel of crude oil that comes to California by rail. The $11 million or so raised annually will be used to prevent and clean up oil spills, especially in inland waterways.

On Monday, the state Senate passed a resolution urging the federal government to pass laws and rules to protect communities from oil train accidents, including tougher standards on tank cars, and to put “safety over cost effectiveness.” That sends an important message because so far, federal officials have not required enough of railroads and oil companies – either in safety measures or public disclosure – to keep pace with a rapid increase in rail shipments of oil extracted through hydraulic fracturing, especially in Canada and North Dakota.

But there’s more that California officials can do.

Sens. Jerry Hill of San Mateo and Lois Wolk of Davis have a bill for a second as-yet unspecified shipping fee on oil companies to fund training and equipment for firefighters and other first responders. A recent state report found that 40 percent of local firefighters are volunteers who generally don’t have the resources to handle major hazardous material spills.

First responders often don’t have all the information they need, either, as reporting by The Sacramento Bee has made clear. Assemblyman Roger Dickinson of Sacramento is pushing a bill to require companies to tell emergency officials about crude oil shipments. The latest version does away with an exemption from the state public records law; instead it says reports would be deemed “proprietary information” that could only be shared with “government personnel with emergency response, planning or security-related responsibilities on a need-to-know basis.”

Time is of the essence since oil trains could be running through the Sacramento region later this year. Valero Refining Co. is seeking approval to route two 50-car oil trains a day through Roseville, Sacramento, West Sacramento and Davis to its refinery in Benicia.

An environmental impact report released Tuesday offers some reassurances but no guarantees. The draft report concludes that while a crash or spill could be catastrophic, the likelihood of an incident is “very low.” The probability of a spill of 100 gallons or more along the 69 miles between Roseville and Benicia is calculated at once every 111 years.

Yet, it has happened elsewhere – six major oil train crashes in North America just in the last year, including the horrific fireball in Quebec that killed 47 residents.

More than 135,000 people in Sacramento and 25,000 in Davis live within a half-mile of rail tracks, the Natural Resources Defense Council reported Wednesday. They’re counting on legislators to do all they can to make sure oil trains pass safely through our cities.

Crude By Rail, DEIR, Valero Crude By Rail

Woodland Democrat: Senator Lois Wolk responds to draft environmental report on crude shipments

Repost from the Woodland Democrat

Senator Lois Wolk responds to draft environmental report on crude shipments

By DigitalFirst, 06/20/2014

Environmental documents released this week report that there are “significant and unavoidable” air quality impacts if a project from a local refinery to move crude-by-rail moves forward.

That’s not going far enough, however, according to Senator Lois Wolk, D-Davis.

The Valero Benicia Refinery is seeking approval to bring two 50-tanker car trains of crude oil in and out of Benicia every day, replacing crude shipments by boat. A draft environmental impact report on the plan was released earlier this week.

Valero officials have said the project is necessary to remain competitive on the West Coast. Opponents, however, have raised concerns about the type of crude that could be coming in those tanker cars, such as highly flammable oil from the Bakken oil fields in North Dakota, or Canadian tars sands oil, regarded as more polluting than other crude stocks.

Wolk, who has authored a bill to provide funding for cities to adequately respond to rail emergencies, weighed in on the Draft Environmental Impact Report Thursday.

“The community was wise to demand an EIR for this project,” Wolk said in a prepared statement. “Now that we have one, I seriously question whether the EIR has adequately evaluated the true risk of an accident or a spill involved with this project. In the past year there have been six major incidents across North America where rail accidents resulted in millions of gallons of spilled crude oil. Yet the EIR estimates the risk of oil train spills between Roseville and Benicia would be about only once per 111 years? That defies logic and is a risky assumption based on recent experience. It only takes one minor mishap to cause a major accident or spill and potentially catastrophic impacts to the heavily populated communities through which these trains will run.”

Wolk said the risk requires more action.

“Given the risk from possible spills and accidents involving this hazardous cargo and the project’s anticipated effect on air quality, I urge the City of Benicia, Valero, and Union Pacific to work with the community to implement extraordinary safety measures to guarantee public safety if this project moves forward,” she said.

Wolk, along with Senator Jerry Hill, D-San Mateo, authored Senate Bill 506 to provide funding to help communities like Benicia provide adequate emergency response to accidents and spills involving rail transports of crude oil and other hazardous materials.

“California needs to keep in step with the significant increase in shipments of these dangerous materials in order to respond to the growing risk to California’s citizens,” she said.

The EIR also noted that the project would result in “no impact” or “less-than-significant” impacts locally to biological resources, cultural resources, energy conservation, geology and soils, greenhouse gas emissions, hazards and hazardous materials, water quality, land use and planning and noise.

The roughly 1,500-page report will be circulated for a 45-day public comment period ending on Aug. 1, city officials said.