Tag Archives: Benicia CA

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.”

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.