Tag Archives: Crude by Rail

Indiana TV investigation: Through Your Backyard

Repost from WANE TV15 – Fort Wayne, Indiana
[Editor: Regarding railroad hazmat notification … significant quote by a County Emergency Management Director in Indiana: “The first I heard about it was from you.  I believe if the state was aware of that, I would have that information.”  Excellent video on this 2-month investigation.  Apologies for commercial content on the video…. – RS]

Through Your Backyard

By Adam Widener, October 30, 2014


FORT WAYNE, Ind. (WANE) – The volume of crude oil being shipped via railroads is rising across the country. Much of it comes from North Dakota and is heading for the east coast. It’s a path that funnels millions of gallons directly through northeast Indiana every week.

The U.S. Department of Transportation said the increase in crude-by-rail poses a greater risk for incidents and recently ordered railroad companies to tell each state where and how often trains are hauling large amounts of the energy product.  Federal officials cited several oil train derailments in the U.S. and Canada as a reason for the order.

But some emergency responders in northeast Indiana had no idea about the growing threat traveling through their backyard, until 15 Finds Out began asking questions.

Energy independence

To understand the severity of that communications gap, one must first understand the reason for the rising number of oil trains.  More and more petroleum crude oil is being drilled at the Bakken Shale formation in North Dakota.  Rail companies say it’s traveling to refineries in high quantities via the most economical option: rail.

“There’s an important development happening in this country and it’s happening here in this community,” said Dave Pidgeon, public relations manager for Norfolk Southern Corp. “We are moving towards greater energy independence.”

Quebec Oil Train explosion 15 Finds Out Through your backyard
A fireball shoots into the air following a deadly oil train explosion in Lac-Megantic, Quebec, Canada in 2013.

Major incidents

But since the beginning of 2013, oil train derailments have caused major problems across the U.S. and Canada. One organization highlights 10 such accidents in that time frame.

On April 30, a CSX train carrying 105 crude oil tank cars derailed in Lynchburg, Virginia.  The highly flammable crude oil caught fire.  Emergency crews evacuated 350 people from their homes. Up to 30,000 gallons of petroleum crude oil spilled into a nearby river.

The most notable oil train derailment happened in Lac-Mégantic, Quebec, Canada on July 5, 2013.  An unmanned, runaway oil train carrying crude oil derailed, exploded, caught fire, and killed 47 people.  2,000 people had to be evacuated from the town.

“Imminent hazard”

The dramatic rise in oil trains combined with recent derailments caused the USDOT to file an emergency order in May.  Federal officials cited an “unsafe condition” or “unsafe practice” for crude-by-rail causing an “imminent hazard.”

The DOT ordered railroad companies to begin reporting to each state’s Emergency Response Commission. Beginning in June, railroads were to tell state officials the expected movement and frequency of trains transporting 1 million gallons or more of crude oil from North Dakota.

Norfolk Southern Corp. and CSX Transportation have lines in northeast Indiana. A media spokesperson for each company said they’re following the emergency order.

“We share information with the state emergency management services across our network,” said Tom Livingston, CSX’s regional vice president for government affairs in the Midwest.

“Be as well-informed as possible”

The emergency order makes other important recommendations. It says state and local first responders should “be as well-informed as possible as to the presence of trains carrying large quantities of Bakken crude oil” in their area. That way, they have “reasonable expectations” to “prepare accordingly for the possibility of an oil train accident.”

15 Finds Out uncovered that wasn’t the case for some first responders in northeast Indiana.  On October 1, 15 Finds Out spoke with Michael “Mick” Newton, emergency management director for Noble County. At the time, Newton had never heard of the emergency order and didn’t know about the increase in crude-by-rail in his county. 

“The first I heard about it was from you,” Newton said.  “I believe if the state was aware of that, I would have that information.”

15 Finds Out obtained proof that the Indiana Department of Homeland Security (IDHS) actually did have that information and delayed passing it along. I-Team 8 at our sister station, WISH-TV in Indianapolis, recently got a copy of an email sent to several emergency management directors across northern Indiana.

The email included Norfolk Southern’s oil train route maps and how many of its oil trains travel through 12 northern Indiana counties with more than 1 million gallons every week.

Norfolk Southern sent IDHS that information in a letter dated June 3, 2014. But IDHS didn’t forward it to EMA directors until October 8, ironically after 15 Finds Out and I-Team 8 began asking questions.

The Federal Railroad Administration has noted those crude-by-rail stats are public.  Still, IDHS denied a request for copies and said that information could hurt public safety by creating a vulnerability to terrorist attacks.

Millions of gallons “through your backyard”

Click image to see full graphic.
Northfolk Southern weekly shipments: Click image to see full-screen graphic.

Because of legal concerns, 15 Finds Out is not releasing Norfolk Southern’s oil train exact routing maps.  Noble and DeKalb Counties have 13 to 24 trains carrying a million gallons or more of crude oil every week. Whitley and Allen Counties have between 0 and 4 trains carrying a million gallons or more every week.

Leaders with CSX were more forthcoming with oil train information. Livingston said 20 to 35 trains carrying a million gallons or more of North Dakota Crude Oil travel on its Garrett line every week.

15 Finds Out shared those stats with Newton on October 1.

“Nobody’s come up with, other than you, of any information like that to me,” he said.

It was a similar story in DeKalb County. EMA Director Roger Powers said he hadn’t received any crude-by-rail notifications from IDHS until, ironically, the day of his interview with 15 Finds Out.

Click image to see full-screen graphic.
CSX weekly shipments: Click image to see full-screen graphic.

“It’s always good for us to know,” Powers said. “When we don’t know, that’s when we get caught sometimes and have to pull back and regroup and think about how we are going to attack this.”

“Internal delay”

When asked why it took IDHS four months to give first responders the oil train notifications, public information officer John Erickson released a statement that said in part:

There was an internal delay at IDHS with respect to the first notification the agency received regarding the U.S. Department of Transportation (U.S. DOT) order. This notification was not evaluated as efficiently as it could have been, and as a result, was not forwarded to the local responders as quickly as IDHS would have liked.

The statement said the agency has since modified its evaluation process of these notifications and will, in the future, get them to local emergency responders as quickly as possible.

There was an apparent confusion at IDHS regarding the oil train notification. The statement said officials weren’t sure if it was the particular notification required under the DOT order. Since IDHS considers the information to be highly sensitive, the agency said the documents had to be “carefully evaluated regarding which agencies had a need to know.”

Read the entire statement from IDHS

In the end, Newton argued that his department’s response would be the same whether they knew how many oil trains pass through or not.  Despite the four month delay, both Newton and Powers are each thankful they now have the proactive information. They are now passing those stats down to first responders, like Auburn Fire Chief Mike VanZile.

“Since you said something to me I’ve done some research, and now I think through your efforts and some other folks’ efforts, now the state has given our EMA director, homeland security office, some vital information that he has passed on to me,” VanZile told 15 Finds Out. “Millions of gallons going across these rails, that’s a huge concern.”

15 Finds Out continues its investigative series “Through Your Backyard” next week. Tune in Thursday, November 6 at 6:00 p.m. to hear what the railroad companies and U.S. Department of Transportation are doing to make crude-by-rail safer.

Federal Inspector General to audit transport of volatile crude by rail cars

Repost from The Chicago Sun Times
[Editor: See the Inspector General’s audit announcement here and the PDF notice to the Federal Railroad Administrator here.  – RS]

Federal IG to audit transport of volatile crude by rail cars

Rosalind Rossi, October 29, 2014
A CSX train from Chicago carrying crude oil derailed in April in Lynchburg, Va., forcing the evacuation of hundred.
A CSX train from Chicago carrying crude oil derailed in April in Lynchburg, Va., forcing the evacuation of hundreds.

A federal inspector general is launching an audit of whether hazardous materials are being carried safely over the nation’s rails — including highly-volatile Bakken crude that travels through the Chicago area.

“Due to the public safety risk posed by increases in the transportation of hazardous materials by rail, we are initiating an audit assessing the Federal Railroad Administration’s (FRA) enforcement of hazardous materials regulations using inspections and other tools,” a memo on the website of the Office of Inspector General of the U.S. Department of Transportation said Wednesday.

The memo specifically cited a fatal July 2013 Bakken oil train derailment in Lac Megantic, Canada, that “highlighted the importance of oversight of hazardous materials being transported by rail.” The Lac Megantic blast decimated more than 30 downtown buildings in the Canadian town and killed 47 people.

At least eight rail lines carry Bakken crude through Illinois, according to the Illinois Emergency Management Agency. They are BNSF, Norfolk-Southern, Alton & Southern, CN, CSX, Indiana Harbor Belt, Union Pacific and Canadian Pacific. Maps provided by BNSF to the Illinois emergency agency indicated BNSF rails carry Bakken through Cook County.

A candlelight vigil about what protestors called “bomb trains” was held July 10 at the BNSF terminal at 16th Street and Western Ave out of fear that black tank cars observed there with  placards indicating they held flammable petroleum were actually carrying Bakken crude. The protest was among those waged nationally to observe the one-year anniversary of the Lac Megantic disaster.

“We saw 47 people killed in Lac Megantic,’’ Debra Michaud, an organizer of the Pilsen protest, said at the time. “A bomb train explosion in Pilsen or Little Village would be many times that.’’

In April, a CSX train traveling from Chicago and loaded with crude oil derailed and exploded in Lynchburg, Va.. The incident shut down roads and bridges and forced the evacuation of hundreds. No one was injured or killed.

The crash was among series of accidents across North America involving railroads’ crude oil shipments, which have surged dramatically as oil production rises in regions like North Dakota’s Bakken shale and western Canada.

Wednesday’s inspector general memo noted that crude oil shipments have increased from 9,500 carloads in 2008 to 407,761 in 2013 — a more than 4000 percent jump.

Mayors Karen Darch of Barrington and Tom Weisner of Aurora have been particularly vocal about the increasing transport of volatile crude and other dangerous products. They say their residents face frequent traffic jams caused by long trains carrying volatile liquids and worry about the sturdiness of tank cars holding such liquid.

Some volatile fluids are being transported in the equivalent of the “Ford Pinto” of rail cars and such tankers should be upgraded, Darch has contended.

Darch Wednesday welcomed the IG audit as a positive development.

“We are all concerned about public safety risk and hopefully this report will have suggestions for further enhancing public safety,” Darch said.

Jan Cox Golovich letter: Benicia’s big problem

Repost from The Vallejo Times-Herald
[Editor: Jan Cox Golovich is a former Benicia City Councilmember.  – RS]

Jan Cox Golovich: Benicia’s big problem

Vallejo Times-Herald, 10/24/2014

Behind closed doors, the Benicia City Attorney and certain members of the city council have attempted and failed to strip the mayor of her First Amendment right of free speech. Even though they refuse to identify themselves to the public, the council members have revealed their desperation to salvage Valero’s doomed and dangerous Crude By Rail project.

The city attorney has a much bigger problem— the State Attorney General has called out the city for the legal inadequacy of Valero’s Crude by Rail Draft Environmental Impact Report (DEIR). Lined up behind the state is a long list of other public agencies, NGO’s and community groups ready to humiliate the city in court should it dare certify the document without major revisions and recirculation.

A competent city attorney, acting in the public interest, would extricate us from this legal dilemma by withdrawing the currently flawed DEIR and defend freedom of speech with all her might.

Jan Cox Golovich/Former member Benicia City Council

New crude oil report concludes risks of train spills are real

Repost from The Sacramento Bee
[Editor: Highly significant development – a must read!  – RS]

New crude oil report concludes risks of train spills are real

By Tony Bizjak, 10/23/2014
A train carrying fuel passes through a Bakersfield neighborhood last summer. The dramatic increase in crude oil shipments around the United States and Canada, often on 100-car trains, has led to several major derailments and fires.
A train carrying fuel passes through a Bakersfield neighborhood last summer. The dramatic increase in crude oil shipments around the United States and Canada, often on 100-car trains, has led to several major derailments and fires. Jose Luis Villegas

Mile-long oil trains that are expected to crisscross California daily in the coming years pose significant risks to residents of urban areas, including Sacramento, a new report concludes, contradicting earlier studies that found no major safety concerns.

The report, issued by San Luis Obispo County officials, is based on a plan by Phillips 66 to transport crude oil on 80-car trains, five days a week, to its Santa Maria refinery, some likely through Sacramento. The authors looked at the cumulative impact of all oil trains that could come through California on a daily basis and came to the conclusion that the risk of oil spills and fires is real, and offered suggestions on how those issues should be addressed.

“Up to seven crude oil trains a day could travel on the stretch of track between Roseville and Sacramento,” the report reads. “The cumulative risk would be significant.”

The analysis, called a draft environmental impact report, contrasts with two recent analyses of similar crude-by-rail projects in Benicia and Bakersfield. Valero Refining Co. in Benicia and Alon USA in Bakersfield are proposing to transport crude oil twice a day on trains into their facilities. The Valero trains would come through downtown Sacramento, Roseville, West Sacramento and Davis, likely on the same tracks as the Santa Maria refinery trains. Some of the Bakersfield-bound trains also may come through Sacramento.

Those reports, issued earlier this summer, concluded the risk of spills and oil fires in Sacramento and other areas is not significant and requires no additional safety steps. Those earlier analyses have been challenged. An environmental group, Earthjustice, has sued Kern County over its Bakersfield project review. Two state safety agencies and the state attorney general have sent letters to Benicia challenging the adequacy of its review of the Valero project.

San Luis Obispo County officials said they decided to go beyond what was done in Benicia and Kern County – breaking new ground in California’s evolving crude-by-rail debate – by conducting a qualitative risk assessment, to understand the ramifications of “reasonable” worst-case oil spill scenarios. The new report is an amended version of an earlier report San Luis Obispo issued last year, which also had been challenged as inadequate.

“We have been trying to keep an eye on what is going on around the state, to understand comments coming in on the Valero project and others, and to take a holistic approach,” said San Luis Obispo County project manager Murry Wilson.

That qualitative assessment takes special note of spill risks in urban areas, saying, “The risk is primarily driven by the high-threat urban areas (Los Angeles, Bay Area and Sacramento) since these are the locations where fairly long stretches of track are in close proximity to heavily populated areas.” A series of tables in the report indicate that injuries and deaths could occur up to a third of a mile from a crash site in urban areas, if there was a tank car rupture and explosive fire.

The report points out that derailments of oil trains are rare. The chances of a train spilling more than 100 gallons of oil en route from the California border in the north state to the Santa Maria refinery are anywhere from one-in-19 to one-in-31 in any given year, depending on the route, the county estimated. Similarly, railroad industry officials say their data show that 99.99 percent of freight trains arrive at their destinations safely.

But the dramatic increase in the last few years of crude oil shipments around the United States and Canada, often on 100-car trains, has led to several major derailments and fires, prompting concerns from cities along rail lines, and federal safety officials. Last year in Canada, a runaway crude oil train crashed in a small town and exploded, killing 47 people, many as they slept. Several other crude oil trains have been involved in dramatic explosions around the country in the past year, prompting evacuations of residential areas.

At the moment, two crude oil trains run to or through Sacramento. One carries highly flammable Bakken crude from North Dakota through midtown Sacramento a few times a month to a distribution facility in the East Bay. Another periodically brings oil to a transfer station at McClellan Business Park in North Highlands. The company that runs the transfer station agreed this week to halt those shipments after air-quality officials concluded they had issued the permit in error.

The daily trains to the Santa Maria refinery, if approved, are expected to travel on both southern or northern routes into the state, starting in 2016, depending on where Phillips decides to buy its U.S.-produced oil. The Northern California route is uncertain east of Roseville. West of Roseville, trains are likely to run through downtown Sacramento, West Sacramento, downtown Davis and through East Bay cities, but also could take a route through Sacramento to Stockton, then west into the Bay Area.

San Luis Obispo County officials, in their report, also went considerably further than officials in Benicia and Kern County on the question of “mitigation” or preventive measures that could be put in place to minimize risks of crashes and spills.

Federal law pre-empts cities, counties and states from imposing any safety requirements on the railroads. San Luis Obispo County officials suggest, however, in their report that the county could try using its permitting authority over the proposed Phillips 66 refinery expansion to require Phillips to sign agreements with the railroads ensuring that the railroads use safer tanker cars than those currently in use, and employ better train-control computer technology than is currently in place.

An expert on railroad law told The Sacramento Bee this week that a court likely would have to decide if such a move is legal. “The federal pre-emption of the local regulation of railroads is very strong, about as strong a pre-emption as exists,” said attorney Mike Conneran of the Hanson Bridgett law firm in San Francisco. “It makes sense. You can’t have a different rule every time a rail car pulls into another state or city.”

“I can see there being a (legal) fight on that,” he said. “It is pretty close to the line in telling the railroad what to do. On the other hand, the county is putting the obligation on the refinery, not the railroad. I think the real question may come down to whether such a mitigation measure is feasible if the refinery can’t force the railroad to comply.”

If San Luis Obispo officials determine that they cannot feasibly mitigate for the Phillips 66 project’s potential hazards, the county can still approve the project, in accordance with California law, if county leaders adopt a “statement of overriding considerations,” saying that the project’s benefits outweigh the adverse effects.

Sacramento-area representatives, who have criticized Benicia’s review of its Valero project as inadequate, say they have not yet reviewed the San Luis Obispo analysis.

“We’ll do a similar analysis to what we filed with Benicia,” said Steve Cohn, chair of the Sacramento Area Council of Governments. He said San Luis Obispo’s determination that a train could spill here and cause significant damage is logical, but he wondered what proposed safety measures follow from that conclusion. “We’ll have to take a look,” he said.

It is uncertain at this point whether all of the crude oil train transport projects being proposed in California will actually be built. And, if they are, it’s uncertain still how many of them will route their trains through Sacramento and Northern California. The shipments will come from oil producing areas in North Dakota, Texas, Colorado and other states, as well as Canada.

Benicia officials did not respond to questions from The Bee for comment about their environmental analysis of the Valero project.

Notably, both Benicia and San Luis Obispo based a portion of their reports on analysis by an Illinois professor, Christopher Barkan, who also does work for a major rail industry lobbying group. Barkan’s methods of determining the potential frequency of oil spills have been questioned by state safety officials. Barkan has declined to speak to The Bee.

Barkan estimated that a spill from a Phillips 66 train between Roseville and Santa Maria might happen once in 46 years if the trains use the Altamont Pass and once in 59 years if the trains use the tracks along the Interstate 80 corridor. Those numbers appear to be based on trains using the best available tanker cars.