Tag Archives: Casselton ND

The hypocrisy of our our “friendly” giants: Big Oil in our back yards

Repost from The Martinez Gazette
[Editor: The following letter to the editor of The Martinez Gazette comes from our sister city across the Carquinez Strait, but it describes life in every refinery town.  Like Shell Oil, Valero in Benicia does an excellent job of contributing to popular charitable causes here and promotes itself as highly concerned with public health and safety  all the while filling our California skies with pollutants and seeking permission to bring in toxic and dangerous tar-sands and Bakken crudes that lay waste to the earth and its inhabitants from the strip mines and fracking fields all the way to our back door.  – RS]

‘Shell Oil is the hypocrisy at Earth Day’

 May 4, 2014

Dear editor:

Martinez celebrated John Muir’s Birthday and Earth Day last weekend at the John Muir Historical Site. Attendees were offered environmental information from sustainable and recyclable, to energy and water saving to causes of greenhouse gas (GHG) and global warming with the usual sponsors of the IBEW, Republic Services, City of Martinez, and Shell Oil of Martinez.

How does a fossil fuel industry corporation that produces 175 tons of hydrocarbons a day at it’s Martinez Refinery, owns 60 percent of Canadian Boreal Forest that is decimating the ecology to strip mine highly toxic tar sands crude oil to be shipped to its refineries, and has less than 2.5 percent of its overall expenditures in sustainable and renewable energy while totally divesting itself of solar energy and decreasing wind energy interests, get a place at John Muir’s Birthday/ Earth Day event? Certainly, John Muir would have left them off the list.

Shell and Big Oil was the elephant at the party. The Earth Day hypocrisy is that refineries in the Bay Area are the single largest stationary source of volatile organic compounds (VOCs). Shell is responsible for 492 million pounds of VOCs per year. Contra Costa County is the third most toxic county in the state of California. Short term exposure to sulfur dioxide, a refining byproduct, can result in respiratory illness and cardiovascular issues as well as aggravation of asthma. Do you or someone you know have asthma or respiratory illnesses?

There is no spare the air day for Shell or any refinery. When you can’t put a log on the fire, Shell emits over 700,000 tons of hydrocarbons per year, 24 hours a day, seven days a week.

Shell as well as the four other refineries in the Bay Area, are now refining a dirtier crude oil high in sulfur and other metals which emits more hydrocarbons. The tar sand oil from Alberta Canada is heavy like tar and sinks when it hits water, making oil spill recovery impossible. Shell receives this type of crude by ship and a spill of this type while off loading would foul our drinking water in Martinez.

Bakken crude oil, extracted from the Dakotas, is very explosive because of its low flash point and can explode before it is refined. This type of crude is being shipped by rail car through our downtown to the Bay Area refineries and has been in the news recently with train derailments and explosions in Casselton, North Dakota, Louisiana, Lac Megantic Canada and most recently in Lynchburg, Virginia.

The fossil fuel industry is always trying to improve their image within their communities despite their records as gross polluters. Chevron takes a single page ad in the Times every week telling us what a partner they are in the community since sending 15,000 residents to neighboring hospitals after a 2012 fire at their Richmond Refinery. Shell distributed flyers at Earth Day proposing to modernize their Martinez facility by cutting greenhouse gas emissions by 700,000 metric tons a year and reducing water usage by 15 percent. Why did it take them until the Intergovernmental Panel on Climate Change said the fossil fuel industry is the leading contributor of GHG  emissions and a drought in California to get them to start reducing the amount of toxins they emit and the amount of water they use?

If the fossil fuel industry was truly committed to solving the energy issue as it relates to climate change and becoming a leader of green technology, they would not have eliminated wind and solar energy from their repertoire. The easy to extract oil has now been processed and these companies insist on extracting every drop of oil by drilling, hydro fracking, or strip mining to the point where the cost to extract crude oil is equal to the cost to burn it in an efficient engine.

The hypocrisy lies in the fact that Shell Oil made almost $20 billion dollars last year and was awarded the Martinez Business of the Year Award all the while convincing the planners, leaders, and deciders that they are entitled to a seat at the Birthday Party because they put change in the pockets of the community.

Our children and grandchildren are the apples of our eyes and the soft spot in our hearts. Shell Oil knows this and they focus their donations to Martinez Education Foundation, Martinez Unified School District, school scholarships, back packs so our kids can shelter in place, etc… for the children. THIS is the hypocrisy. They contaminate the ground, spew toxics that foul our air, our children’s air: because the money in the community’s pockets makes this poisoning acceptable.

Shell Oil is the Earth Day Hypocrisy.

– James Neu, Martinez

Benicia Herald: Release date of Valero DEIR, background

Repost from The Benicia Herald
[Editor: Note in the concluding paragraphs: “Million said city staff and refinery employees have been in conversation as the review draft has been prepared….This is typical of any application…’We work with an applicant to get them on board.'”  This should not be news, nor surprising, but it underscores the impression among citizen-opponents of the project that our City is a willing partner with Valero.  It will be interesting to see what mitigations and conditions have been written into the DEIR so as not to stand as “deal breakers” for the “applicant.”  – RS]

Crude-by-Rail plan review to be released June 10

May 1, 2014 by Donna Beth Weilenman

The draft of the Environmental Impact Report (EIR) being prepared for the Valero Crude-by-Rail Project will be released by June 10, Principal Planner Amy Million announced Thursday.

The long-awaited document will be given a 45-day public review, during which people may submit their comments, she said.

That review period ends July 25.

“We have been notified that the City’s independent evaluation and Draft Environmental Impact Review (DEIR) of Valero’s Crude-by-Rail project will be available for public comment by June 10,” Chris Howe, Benicia Valero Refinery director of health, safety, environment and government affairs, said in an email Thursday.

Those interested will be able to read the draft EIR on the city’s website, www.ci.benicia.ca.us, by clicking on the Department of Community Development, Planning and Current Projects links under “City Departments.”

They also will be able to examine paper copies at the Community Development Department desk at City Hall and at Benicia Public Library, Million said.

Should a member of the public request it, she said, the city would make CD copies available as well.

The Planning Commission will accept public comment on the matter during a hearing at its July 12 meeting at City Hall, Million said. However, no vote will be cast that night, she said.

Once the comments are received, the city will prepare its response to those observations.

Those comments and any changes to the environmental review will be incorporated into the draft when the city produces the final version of the EIR. “There could be additional information,” Million said.

Should those comments and responses mean the draft needs to be “substantially modified,” the review would be rewritten and undergo a complete recirculation, she said.

Otherwise, if the comments and modifications aren’t considered substantial, the final version of the review would be sent to the Planning Commission for its review and vote as part of the refinery’s use permit request for its rail project.

The commission’s decision would be final, unless an appeal is filed, Million said. Should that happen, the City Council would hear the appeal and render a decision, she said.

The refinery applied for a use permit early in 2013 to extend Union Pacific Railroad’s tracks into Valero property so crude from North American sources can be brought into the plant.

Refinery officials in their application stated that the crude brought by train would not be in addition to the oil that arrives by tanker ships or pipelines, but would be substitutions. Up to 70,000 barrels would arrive daily by rail car, supplanting the same volume Valero currently receives by other methods.

Valero officials, declining to provide what they called proprietary information to competitors, have been reluctant to say where the crude is being drilled. Unlike some oil companies, Valero drills no wells of its own, but buys its crude.

Various company officials, speaking on multiple occasions, have stressed that the raw product would be similar to what it receives at its own local port.

Some opponents to the project, however, have warned that the rail cars would bring in Canadian tar sands, which is a heavier substance made “sour” by a larger percentage of sulfur. Others have suggested the source would be the North American Bakken oil fields, described as much lighter and sweeter.

Bakken crude also has a lower flash point than many oils, and has been associated with several explosions that have occurred after train car derailments.

The most recent accident happened Wednesday in downtown Lynchburg, Va., after breaches apparently developed on some of the crude-carrying rail cars on a CSX train.

A fireball shot 200 feet into the air, according to some observers. Oil was reported leaking into the James River.

Though no injuries were reported initially, at least 300 people were evacuated and neighboring cities were told to switch to alternate water sources, according to reports describing the incident.

It was the latest in a series of fiery accidents on crude-carrying trains, though none is reported to involve Union Pacific, a company that, along with the Valero refinery, continues to stress its safety record. North American rail delivery of crude has increased dramatically in the last couple of years. In the third quarter of 2013 alone, trains delivered 66 million barrels of crude, much from the Bakken fields of North Dakota.

That amounts to approximately 900 percent of what was delivered during all of 2008.

Last July, 47 people in Lac-Megantic, Quebec, Canada, died when an unmanned parked oil tanker train came loose, derailed and caught fire. People were evacuated in Edmonton, Alberta, last October after another derailment.

Thousands of barrels of oil contaminated an Alabama marshland after an oil train spill last November. A month later, two trains in Casselton, N.D., collided. One carried soybeans; the other, a BNSF train, spilled about 400,000 gallons of crude when 18 tank cars  ruptured and caught fire.

In February, BNSF announced it was seeking vendors to deliver up to 5,000 tanker cars that are stronger than those currently in use. That’s an unusual move for a large carrier, which usually requires clients to buy or lease rail cars. The railroad said it would use the reinforced cars not only for crude but also for carrying ethanol.

At a March public meeting organized by its community advisory panel, Valero officials said the refinery also would use the stronger cars to bring crude to Benicia.

Unlike the U.S. Department of Transportation, Transport Canada announced April 23 that it would remove Department of Transportation-111 unpressurized tank cars from what it called “dangerous service,” saying they didn’t meet standards for carrying dangerous fuel.

In the United States, railroads are federally regulated, a fact that has worried some residents when they learn that state, county and city officials are limited in the controls they can impose on that industry.

The U.S. National Transportation Safety Board has recommended that federal regulators upgrade requirements for oil-carrying cars, most of which are the DOT-111s.

The Association of American Railroads, freight carriers and Amtrak, has endorsed the upgrade. DOT officials have said they have met resistance to that change from those in the oil industry.

In the interim, the AAR and U.S. Transportation Secretary Anthony Foxx have announced a series of voluntary operating practices for crude-by-rail shipments that began last February. By April, rail lines promised increased track inspections and upgraded braking systems on trains with 20 or more carloads of crude oil.

Railroads said by July they would be using the Rail Corridor Risk Management System to determine which routes would be safer for trains with 20 or more crude-carrying cars, reduce those trains’ speeds and install more wheel-bearing detectors, among other measures.

Originally, Valero employees had hoped the Crude-by-Rail Project would be wrapped up within a year of filing the application in February 2013.

But once the project was announced, City Hall received heavy public input.

Opponents that included both residents and parties outside the city expressed concern about hazards associated with rail delivery of crude, the trains’ impact on traffic near Interstate 680 and inside Benicia Industrial Park, dangers to nearby environmentally sensitive wetlands, the threat posed to Benicia’s neighbors from explosions and spills, and the cumulative impact of rail delivery of crude to other Bay Area refineries.

Proponents said the project would create construction jobs while it was being built, add jobs to Valero once it was complete and equip the local refinery to compete with industry rivals.

The project has received support from Valero’s neighbors, including AMPORTS, which operates the Port of Benicia, and members of the board of the Benicia Chamber of Commerce.

Residents and others packed several city meetings on the project, including a July 11, 2013, Planning Commission meeting at which 31 people spoke.

During such hearings, every chair in the Council chamber has been filled; people lined walls and sat on the floor, waiting to speak or to hear what others said.

Speakers usually were split, with about half speaking passionately in favor of the project and the same number just as determined in their opposition.

The city initially issued a notice of intent to adopt a mitigated negative declaration for the project, which launched a 30-day comment period that ended July 1, 2013. During that time, the city received 34 written comments, some of which were substantial in length. After the closing date, 27 more written comments arrived; comments continue to be sent to City Hall.

The Benicia-based Good Neighbor Steering Committee organized a meeting last year at which a variety of speakers opposed to the project, including Diane Bailey, senior scientist for the Natural Resources Defense Council, described hazards associated with the import of tar sands crude from Canada.

Because of the volume of comments, the city notified the Office of Planning and Research, Sacramento, Aug. 9, 2013, that it would prepare an Environmental Impact Report, a much lengthier examination than the mitigated negative declaration, to comply with California Environmental Protection Act requirements.

Valero officials said they concurred with the decision.

“We consulted with city staff and agreed to work with them to prepare an Environmental Impact Report (EIR) for the Crude-by-Rail Project,” Sue Fisher Jones, Valero Benicia Refinery public affairs manager, said at the time.

Even after the city announced its intent to have the have the EIR written, proponents and opponents continued to have meetings about the project.

Bailey returned to Benicia last March for a meeting organized by the Steering Committee of Benicians for a Safe and Healthy Community. Joining her were Andres Soto, who has organized Communities for a Better Environment that opposes the increased delivery of crude by rail in the Bay Area; Damien Luzzo of Davis, who expressed worries about dangers to cities such rail cars would pass or go through; and, by video, Marilaine Savard, a resident of Lac-Megantic who described how the explosion devastated her home town.

At Valero’s own public meeting in March, speakers included refinery safety officers and environmental managers; Liisa Lawson Stark, director  Union Pacific public affairs; and Phillip Daum, an engineer who has participated in investigations of recent rail explosions, including the one at Lac-Megantic.

Valero Benicia Refinery officials won’t get to see the draft EIR any sooner than anyone else, Million said.

“We will receive the document at the same time it is available to the public,” Howe concurred. “We will have the same opportunity to provide comments as anyone else during the public comment period.”

He said his company anticipates arranging another public meeting once the draft EIR is released, and “the details for the meeting will be determined” then.

Million said city staff and refinery employes have been in conversation as the review draft has been prepared.

“They have been an integral part, because they have in-house expertise to answer technical questions,” she said. “They have a grasp of what the document says.”

This is typical of any application, she said, and Valero isn’t being treated differently from the way another individual or business that applies for a use permit or variance would be treated.

“We work with an applicant to get them on board,” she said of the way her department interacts with anyone filing an application.

Applicants also are given “a head’s up” about an environmental report’s developments, she said, adding that some applicants decide certain conditions are deal breakers.

The mitigations and conditions of approval for permits “are what the city feels is needed,” she said. “Ultimately, the comfort level is with the city.”

DOT head will outline options for tank car safety “next week” – BNSF working on new design

Repost from The San Francisco Chronicle, SFGate.com

Federal official discusses rail safety efforts

By DAVE KOLPACK, Associated Press | April 24, 2014

U.S. Transportation Secretary Anthony Foxx, second from right, is flanked by North Dakota Gov. Jack Dalrymple, North Dakota Rep. Kevin Cramer, left, and North Dakota Sen. John Hoeven, right, during a meeting on rail safety in Casselton, N.D., Thursday, April 24, 2014. Photo: Dave Kolpack, AP / AP

U.S. Transportation Secretary Anthony Foxx, second from right, is flanked by North Dakota Gov. Jack Dalrymple, North Dakota Rep. Kevin Cramer, left, and North Dakota Sen. John Hoeven, right, during a meeting on rail safety in Casselton, N.D., Thursday, April 24, 2014. Photo: Dave Kolpack, AP

CASSELTON, N.D. (AP) — The head of the U.S. Department of Transportation said Thursday during his visit to the site of a fiery oil train derailment in North Dakota that his office plans next week to outline options for enhancing tank car standards.

Transportation Secretary Anthony Foxx said the proposal is the first step toward establishing new rules for rail safety to prevent accidents like the Dec. 30 crash outside Casselton that left an ominous cloud over the town and led some residents to evacuate.

“The reality is, is that we’re moving as fast as we possibly can to an answer here, but we want to make sure that we’re attacking this issue with the right solution,” Foxx said after a roundtable discussion at the Casselton fire department in front of first responders and other citizens. “And the worst thing we can possibly do is propose a tank car standard that is inadequate to the material that is being transported.”

BNSF Executive Chairman Matt Rose, who spoke at the meeting, said afterward that the company is currently working on the design of a new tank car, but has to wait until federal rules are in place before starting production.

“We’re not wasting time,” Rose said. “We will be done with that process in probably three to four months where we will have actually have a car that’s designed and then can go out to the marketplace. Then we will wait until the federal rule gets approved and then we will make the order.”

The December accident happened near Casselton when a train carrying soybeans derailed in front of a BNSF oil train, causing that train to also derail and set off a fire. The crash spilled about 400,000 gallons of crude oil, which took nearly three months to clean up.

Foxx said North Dakota is at the “tip of the spear” on the issue of safely transporting crude.

He was invited to Casselton by the North Dakota congressional delegation, which is pushing for the railroads, regulators and shippers to work together on improving safety. U.S. Rep. Kevin Cramer said Thursday it’s one issue that has put all public servants on the same side.

“We’re all feeling the same pressure,” Cramer said. “It might feel like we’re going at different speeds once in a while, but we’re all going the same direction.”

North Dakota Sens. John Hoeven and Heidi Heitkamp said they have met with Foxx on numerous occasions to discuss rail safety, but that might not be as productive as him speaking with people who live with the problem.

“Our families should never question whether they are safe in their homes and it’s up to us to do everything possible to make sure they are protected,” Heitkamp said.

Hoeven said the focus is finding a “comprehensive solution.”

“It’s about moving on this issue and having everybody do their part,” he said.

Casselton fire chief Tim McLean, whose department led the response to ensure that nobody was injured, said after the meeting that since the accident, the trains are moving more slowly through town. He also has seen more updated rail cars.

“We know they’re working hard to fix the problem and come up with a solution so it doesn’t happen again,” McLean said. “I think the secretary is pretty down to earth. I think he knows what needs to be done.”

Safer tank car rules not expected until late 2014 (at earliest)

Repost from Associated Press – The Big Story

Rail safety effort marred by squabbling

By JOAN LOWY — Apr. 23, 2014 7:37 PM EDT
Train Safety
FILE – This Dec. 30, 2013 file photo shows a fireball going up at the site of an oil train derailment in Casselton, N.D. An effort by government and industry to make the tank cars used to ship crude oil and ethanol safer, spurred by a series of fiery train crashes, is becoming mired in squabbling and finger-pointing. The Department of Transportation, concerned about the potential for catastrophic accidents involving oil and ethanol trains that are sometimes as many as 100 cars long, is drafting new tank car regulations aimed at making the cars less likely to spill their contents in the event of a crash. But final regulations aren’t expected until the end of the year at the earliest, and it is common for such government rulemakings to drag on for years.  (AP Photo/Bruce Crummy, File)

WASHINGTON (AP) — Spurred by a series of fiery train crashes, a push by government and industry to make safer tank cars used for shipping crude oil and ethanol has bogged down in squabbling and finger-pointing over whether they’re needed and if so, who should pay.

The Transportation Department, worried about the potential for catastrophic accidents involving oil and ethanol trains that are sometimes as many as 100 cars long, is drafting new tank-car regulations aimed at making the cars less likely to spill their contents in the event of a crash. But final rules aren’t expected until late this year at the earliest, and it is common for such government rulemaking to drag on for years.

But one safety official said urgent action is needed.

The Obama administration needs to take steps immediately to protect the public from potentially catastrophic oil train accidents even if it means using emergency authority, Deborah Hersman, chairwoman of the National Transportation Safety Board, said Wednesday.

“We are very clear that this issue needs to be acted on very quickly,” she told reporters at the conclusion of a two-day forum the board held on the rail transport of oil and ethanol. “There is a very high risk here that hasn’t been addressed.”

The Transportation Department said in a statement in response to Hersman that: Safety is our top priority, which is why we’re putting every option on the table when it comes to improving the safe transport of crude oil by rail.”

The freight railroad industry proposed tougher tank-car standards last fall, and recently upped its proposal another notch. The government and the Association of American Railroads say oil being shipped from the booming Bakken region of North Dakota and Montana may be more volatile than previously thought.

But oil companies — which own or lease the tank cars, and would have to bear much of the cost of tougher standards — want to stick to voluntary standards agreed to by both industries three years ago unless it can be shown that new standards are needed, American Petroleum Institute officials said. The railroads, they say, are refusing to share the “scientific basis” for their proposal.

The petroleum institute wants “a comprehensive examination” of changes proposed by the rail industry, including whatever computer-modeling was used to support tougher standards so that it can be peer-reviewed, said Brian Straessle, a spokesman for the institute. “So far, no data has been provided,” he said.

The railroads are “pulling this out of thin air,” said Eric Wohlschlegel, another petroleum institute official.

The government, however, says it’s the oil industry that’s not sharing its data.  Transportation Department officials complained recently that the agency had received only limited data from a few oil companies on the safety characteristics of Bakken oil, despite requests made in January by Secretary Anthony Foxx. Hundreds of oil producers, shippers, and brokers operate in the region.

So far, only seven oil companies have responded, and several of those provided only sparse information, Foxx said in an interview. The government wants to know what is in the oil so regulators can decide what types of protections are needed for shipping, he said.

“One of the most fundamental questions that cuts across everything in crude oil by rail is how it is classified,” Foxx said. “If it is not classified correctly at the beginning, then it is not packaged correctly and the emergency response needs aren’t understood by the communities through which this material is moving.”

The oil industry is using every tank car available to keep up with the exponential growth in Bakken oil production since hydraulic fracturing, or “fracking,” made it possible to extract more oil from the ground. Freight railroads transported 434,032 carloads of crude in 2013, up from just 9,500 in 2008.  Three years ago, the U.S. became a net exporter of petroleum products for the first time since 1949. Ethanol production has also escalated dramatically, creating competition for available rail cars. About 69,000 carloads of ethanol were shipped on rails in 2005. Last year, it was about 325,000 carloads.

In July, a runaway oil train derailed and exploded in Lac-Megantic, Quebec, near the Maine border. Forty-seven people died and 30 buildings were incinerated. Rail and safety officials said they were surprised by the ferocity of the fire. They were used to dealing with sludge-like crude that doesn’t ignite easily, but Canadian investigators said the combustibility of the 1.3 million gallons of light, sweet Bakken crude released in Lac-Megantic was more comparable to gasoline.

There have been eight significant accidents in the U.S. and Canada in the past year involving trains hauling crude oil, including several that resulted in spectacular fires, according to a presentation by crash investigators at a two-day National Transportation Safety Board forum this week on the transport of crude oil and ethanol. Most of the accidents occurred in lightly populated areas, although one derailment and fire in December occurred less than two miles from the town of Casselton, N.D.

Railroads can’t be sure what they’re hauling, said Robert Fronczak, assistant vice president of the rail association. Given that uncertainty, he said, they want oil shipped in tank cars with thicker shells like those required for chemicals that form toxic vapor clouds when released.

Regulators who have tested some Bakken oil samples on their own warned emergency responders and the public in January that it could be more dangerous than many conventional types of crude. But petroleum institute officials say they don’t believe Bakken crude is significantly different than other light crudes, such as those from Texas.

Transportation officials are now “assessing whether or not we will need to take additional steps to gather the information we requested” from oil companies, according to a government statement provided to The Associated Press.

Thousands of older tank cars that predate the voluntary standards adopted three years ago may also have to be discontinued for oil transport, Fronczak said. Canadian authorities announced Wednesday that they will require a three-year phase out or retrofit of older cars like the ones that ruptured in Lac-Megantic. But oil industry consultant Lee Johnson, testifying for the petroleum institute, told the safety board that U.S. oil companies need the “flexibility” to continue to use the older cars, and any decision on retrofits should be “data-driven.”

Of course, if the railroad industry were to do a better job of fixing broken and substandard track, a major cause of accidents, or installing positive train control, a technology designed to reduce human error and prevent the most catastrophic kinds of collisions, there might be fewer crashes, Christopher Barkan, executive director of the railroad engineering program at the University of Illinois, told the board.