Repost from AP in The San Francisco Chronicle [Editor: To paraphrase, ‘Bakken is no more volatile, we are already conditioning it, it would cost too much.’ …well, what did we expect them to say? – RS]
Oil reps say ND has proper rail shipment rules
By James MacPherson, Associated Press, September 23, 2014
In this June 5, 2012 file photo provided by Rangeland Energy, LLC, a train leaves the company’s crude oil loading terminal near Epping, ND. Oil industry representatives told North Dakota regulators Tuesday, Sept. 23, 2014, that the state has proper regulations in place to treat Bakken crude for shipment by rail. North Dakota’s Industrial Commission is considering new rules that would remove extra hydrocarbons from Bakken crude, a process some say might make the oil more safe for rail transport. Bakken crude has been linked to fiery oil train crashes like one outside Casselton, N.D., last December that left an ominous cloud over the town and led some residents to evacuate. | Photo: Courtesy Of Rangeland Energy, LLC, AP
BISMARCK, N.D. (AP) — Oil producers in North Dakota are objecting to any new state regulations that would require them to reduce the volatility of crude before it’s loaded onto rail cars.
North Dakota’s Industrial Commission is considering new rules that would require companies to remove certain liquids and gasses from crude oil train shipments, a process some say would make such transport safer. But oil industry officials told the commission Tuesday that the state already has proper regulations in place.
“To date, no evidence has been presented to suggest that measureable safety improvements would result from processes beyond current oil conditioning,” Hess Corp. spokesman Brent Lohnes said.
Oil trains in the U.S. and Canada were involved in at least 10 major accidents during the last 18 months, including an explosion in Lac-Megantic, Quebec, that killed 47. Other trains carrying Bakken crude have since derailed and caught fire in Alabama, Virginia, North Dakota.
But Kari Cutting, vice president of the North Dakota Petroleum Council, said nine of the incidents involved derailments and one was due to a leaky valve.
“The material contained in these railcars was not the cause,” Cutting said.
A federal report released earlier this year by the Pipeline and Hazardous Materials Administration says oil from North Dakota’s prolific Bakken formation may be more flammable than other crudes. But a report funded by the North Dakota Petroleum Council says Bakken oil is no more dangerous to transport by rail than other crudes and fuels.
Oil from North Dakota began being shipped by trains in 2008 when the state reached capacity for pipeline shipments. The state is now the nation’s No. 2 oil producer, behind Texas.
Cutting, whose group represents more than 500 companies working in North Dakota’s oil patch, said the each of the more than 11,000 oil wells in the state already has equipment in place to stabilize or condition the oil before shipment.
“Requiring stabilization beyond current conditioning practices would be a costly, redundant process that would not yield any additional safety benefits,” she said.
Industry officials also pointed out that stripping liquids and gases from Bakken crude would result in even-more volatile products that would still have to be shipped by rail.
Outside the Bismarck building where the commission was meeting, members of an environmental-minded landowner group hoisted a large banner that read, “Stop Bomb Trains, Stabilize Bakken Crude.”
Theodora Bird Bear of Mandaree, a spokeswoman for the Dakota Resource Council, told reporters that oil companies are cutting corners to boost their bottoms lines.
“When they talk about saving money, what they are really talking about is reducing public safety,” Bird Bear said.
Members of the group said the issue of safer Bakken oil goes well beyond North Dakota’s border.
“No one in this country feels safe around these rail lines,” Scott Skokos said.
Minnesota Gov. Mark Dayton on Tuesday sent a letter to Gov. Jack Dalrymple, asking for additional safety measures for oil trains leaving North Dakota.
Alison Ritter, a spokeswoman for the regulatory panel, said a decision on whether to change state rules could come within 90 days.
More Fiery Oil Train, Pipeline Accidents Unless Government Acts: Report
September 22, 2014
If the U.S. doesn’t quickly address the safe transportation of oil and gas, Americans could pay the price with more fiery train and pipeline accidents, according to a report released Monday by the Government Accountability Office.
“Without timely action to address safety risks posed by increased transport of oil and gas by pipeline and rail, additional accidents that could have been prevented or mitigated may endanger the public and call into question the readiness of transportation networks in the new oil and gas environment,” found the report.
The GAO report focused on the safety of moving crude oil by train and the growing network of “gathering lines,” largely unregulated natural gas pipelines. Both have been subjects of recent investigations by NBC News. The GAO determined that the Department of Transportation had “not kept pace with the changing oil and gas transportation environment.”
Oil and gas production in the U.S. increased more than fivefold between 2007 and 2012, a boom brought on by technological advances in drilling and hydraulic fracturing, or “fracking.” Vast volumes of oil and gas production soon outstripped the pipeline infrastructure in place to move them.
Crude producers began to load their oil on trains. More than 400,000 carloads of crude ran over North American rails in 2013, up from just 9,500 in 2008. But a series of explosive wrecks have raised concern about the safety of oil trains — the worst, a 2013 derailment outside a small Quebec town, killed nearly 50 people.
A 2013 NBC News investigation found regulators had long known that the tank cars used to ship oil were vulnerable to rupture in an accident.
The DOT has since issued proposed rules to improve the train cars that carry oil. In its report, the GAO applauded the move, but emphasized safety improvements must go beyond the cars, including testing the makeup of the oil, which the DOT has said is particularly flammable.
The GAO also warned better oversight was needed over the growing network of “gathering pipelines” that move natural gas from the well. In August, an investigation by NBC News found that 250,000 miles of these lines are in rural areas and subject to little or no federal or state safety oversight, despite sometimes running beside homes.
Nebraska has emerged as ground zero in oil transport showdown
September 21, 2014, By Russell Hubbard
SARAH HOFFMAN/THE WORLD-HERALD | Oakland, Nebraska, and the tracks that carry trains through town have been together for more than 100 years. But trains hauling crude oil in tanker cars through Oakland and other parts of the state are a recent development, and concerns about safety grow. Oil pipelines such as the proposed Keystone XL have their opponents as well.
OAKLAND, Neb. — If you visit here and turn off Oakland Avenue toward the railroad tracks, you just might find Brendan Murray prowling up and down the street, cataloging the cracks in the pavement and the scars on the buildings.
SARAH HOFFMAN/THE WORLD-HERALD | Brendan Murray holds a piece of a building that fell near the tracks. He often walks Oakland Avenue cataloging cracks in the pavement and on buildings that he suspects are caused by vibrations from oil trains.
The owner of an apartment building facing the railroad tracks says problems with his 100-year-old structure accelerated with the massive increase in BNSF Railway trains hauling crude oil in tanker cars. Murray also says a derailment and crude oil fire would be deadly for Oakland, population 1,244.
“Keep it underground,” Murray says, referring to transporting crude by pipeline.
Not so fast, says Jane Kleeb. She is not a fan of crude trains either, but she is also the director of Bold Nebraska, the group opposed to construction of the Keystone XL pipeline. It would bring 1 million barrels of crude oil per day across the state.
Kleeb said her group doesn’t expect the world economy to forgo fossil fuels and survive on renewables right now. But she said the pipeline proposed to transport northern crudes to refineries presents too much environmental risk.
“Accidents are going to happen and it is Nebraska that is going to wind up paying for it,” Kleeb said.
All of which leaves a rather obvious question: If neither by train nor pipeline, just how is oil supposed to get from where it is produced to where it is refined into fuels and other materials that power the U.S. economy?
With its main modes of transport assaulted on all sides, the petroleum industry faces a major showdown, and Nebraska is shaping up to be ground zero.
Central to both major U.S. railroads hauling crude oil — Union Pacific is based in Omaha and BNSF’s parent company is based here — the Cornhusker State is also the terminus of the existing Keystone pipeline and is the proposed ending point for the much-debated and delayed Keystone XL.
“Some of the people who don’t want us to transport oil don’t want us to use oil,” said John Felmy, chief economist for the American Petroleum Institute, a group funded by oil companies. “We need to do a better job about telling our story, but we also need to be honest about the realities of energy.”
The United States last year consumed 6.89 billion barrels of petroleum products, producing 2.7 billion barrels itself, making it the global leader. Oil is everywhere — about 71 percent goes for gasoline and other fuels. Other common uses are rubber, fabrics and solvents.
There are no current replacements for oil, Felmy said, calling renewable energies promising and worthy of development but not an immediate substitute. And “choking off the supply points and the transport links would have serious implications for the economy,” Felmy said.
One of those transport links runs through Oakland. The rear of the buildings along Oakland Avenue, 20 or so brick and masonry two- and three-floor structures, face the north-south railroad tracks operated by BNSF Railway, the employer of 5,000 people in Nebraska that is owned by Omaha’s Berkshire Hathaway Inc.
The closest buildings, such as Murray’s 12-unit apartment building, are about 45 yards away.
The tracks and the town in Burt County have been together for more than 100 years. But the oil trains are a recent development. Oil shipments from North Dakota’s recently tapped shale formations first hit 800,000 barrels a day late last year, up from fewer than 100,000 barrels a day in 2010.
BNSF is by far the largest carrier, its oil trains entering Nebraska at South Sioux City from routes in Iowa. Oil has been a growth business for BNSF: Volumes from shale formations such as those in North Dakota have risen to 620,000 barrels per day last year, from 59,000 barrels per day in 2010.
Transporting crude has been a huge boost for BNSF, bought for $26 billion in 2009 by Omaha’s Berkshire Hathaway. BNSF operating revenue, the main financial metric by which railroads are gauged, has risen almost 60 percent since 2009, to about $22 billion last year from $14 billion.
“You can feel the ground surging when they come through now,” said the 72-year-old Murray, a graduate of Omaha’s Benson High School who later owned a general contracting company. “It’s just that the railroad has always been here and people don’t pay it much attention anymore.”
A tour of Murray’s street reveals a collapsed brick wall, lots of hairline cracks and loose masonry. Murray acknowledges that most of the buildings are 100 years old or older, and that he can’t prove the cause. But he said he suspects the culprits are the heavy liquid cargo and the increased frequency of trains passing by because of sharply higher crude shipments.
BNSF says: Nonsense. “We know of no mandated statutes requiring maximum or minimum weights for trains, although there are different weight rails according to the type, size and speed of trains,” said BNSF spokeswoman Roxanne Butler.
The railroads say oil by rail, while the subject of much debate, is quite safe.
In 2012, according to the Association of American Railroads, the incident rate for release of hazardous materials from rail cars was 0.013 per thousand carloads, down from 0.14 in 1980. That means, the association says, that 99.99 percent of hazardous rail cargo shipments are incident-free.
It is a highly regulated industry. Federal regulators set the standards for hauling crude and other hazardous materials, from the route selection and track inspections to train speeds and personnel training, the railroad association says.
“According to the Federal Railroad Administration, 2013 was the safest year in history for the rail industry,” said BNSF’s Butler. “In 2013, BNSF experienced the fewest number of mainline derailments in its history. Rail is the safest mode of land transportation for freight in general and is one of the safest ways to transport crude oil and hazardous materials.”
Butler said BNSF considers all accidents preventable, and is spending $5 billion this year on capital improvements. The Fort Worth, Texas-based company, about tied with Union Pacific as largest U.S. railroad in 2013 operating revenue, also inspects track more frequently than required by regulators, Butler said.
Union Pacific is spending $4.1 billion on capital improvements this year, much of that related to track safety.
U.P. Chief Executive Jack Koraleski said the industry also is working with the Department of Transportation to make existing crude tank cars safer, and to develop a new and stronger one.
There has never been a fatal U.S. oil-train incident, though 47 people were killed last year when one derailed and blew up in Quebec, Canada.
Koraleski, whose company employs about 8,000 people in Nebraska, said the probabilities of such accidents are small and the trade-offs worth it.
“We have been hauling crude by rail for a long time,” said Koraleski, whose oil shipments rose 20 percent last year. “If the pipelines don’t, and the railroads don’t, the alternatives are fully negative for the U.S. economy.”
As for the Keystone XL pipeline proposed by pipeline operator TransCanada, it is on hold pending permit approval by President Barack Obama.
It should not be approved, said Kleeb, the director of Bold Nebraska. She said the pipeline endangers the Ogallala Aquifer and only encourages oil companies to spend additional money chasing harder-to-get deposits, such as shale formations in the northern United States and southern Canada. Those require rocks underground to be broken up under high pressure to release the petroleum.
Kleeb says she and her group are not against fossil fuels, acknowledging that it would be impractical to go 100 percent renewable immediately. She also said ceasing production from hard-to-get deposits in North Dakota’s Bakken region isn’t going to send the economy into a malaise. The Bakken produces about a million barrels a day out of the 19 million consumed each day in the country.
“What we need to do is slow down,” Kleeb said. “The oil isn’t going anywhere. You can make all the money you need to make.”
Mark Johnson, the Nebraska spokesman for TransCanada, said pipelines are the most efficient method of transporting oil between distant points, passing along the lowest costs to consumers.
“The bottom line is that the United States needs oil and it is going to get to market one way or another,” Johnson said.
The Keystone pipeline, now about four years old, runs from the southern Canadian province of Alberta and terminates in southern Nebraska at Steele City, the proposed endpoint for the Keystone XL.
Johnson said danger to the Ogallala is low, with nature having provided the aquifer with a deep and effective filtering system of sand and rock. Pipelines and oil wells already dot the Ogallala landscape, Johnson said, and the existing Keystone pipeline has operated without serious incident.
Like oil-train accidents, pipeline incidents tend to be attention-grabbing, such as the one in Kalamazoo, Michigan, in 2010, when an oil pipeline broke and spilled almost 1 million gallons. Cleanup costs have approached $1 billion.
From 1994 through 2013, there were 2,715 significant pipeline incidents, according to the federal Pipeline & Hazardous Materials Safety Administration. That is an average of 136 a year, defined as causing death or hospitalization, incurring costs of more than $50,000, or erupting in fire or explosion. The incidents have caused 40 deaths and 132 injuries.
Joseph Schwieterman, a professor at Chicago’s DePaul University specializing in transportation, said perfect safety in the U.S. economy’s supply chain — train or pipeline or any other mode — is an unreasonable expectation.
“The accidents that happen are headline makers, but the risks are manageable,” he said. “The hype is out of proportion.”
Schwieterman also said there is a generational component to opinions on oil production and the transportation of its products.
“Oil invokes a negative, visceral reaction among young people,” Schwieterman said, acknowledging that high-profile troubles such as the 2010 BP Gulf Coast oil rig blowout has had the same effect on some people as the Exxon Valdez tanker spill in 1989.
“People tend to forget about the value of energy independence,” he said, “and that such independence will come at a certain price.”
The Omaha World-Herald Co. is owned by Berkshire Hathaway Inc.
Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not
By Ken Broder, September 18, 2014
The California Public Utilities Commission (CPUC) estimates there are about 5,000 railroad bridges in California, but doesn’t really know for sure. They are privately owned and inspected and were off the public radar until oil companies started shipping dangerous crude by rail to California refineries in increasingly large quantities.
Governments are not ready to have volatile loads of cargo rolling through sensitive habitats across the state, much less through heavily-populated metropolitan areas. But help is on the way. In March, the CPUC requested funding (pdf) for seven inspectors to specifically handle oil-by-rail, and two of them would focus on bridges.
The Contra Costa Times reported last week that the two inspectors have not yet been hired, but when they are, they will be the only two inspectors checking out the bridges. They will be assisted in their task by the sole federal inspector assigned to the area―an area that includes 11 states.
One of their first jobs will be to find the bridges. There is no comprehensive list. Judging by some industry comments, there may be some reluctance on the part of rail owners to provide all the information the government might ask. Bridge consultant and former American Society of Civil Engineers President Andy Hermann told the Times that the companies kept bridge data secret for competitive reasons.
But not to worry. The owners already do a good job of maintaining the bridges because, in Hermann’s words, “There’s a very strong profit motive to keep the bridges open. Detours will cost them a fortune.” In other words, this would be a situation where a company does not make a risky decision based on short-term, bottom-line considerations that could adversely affect the well-being of people and the environment.
In a report (pdf) to lawmakers on rail safety last December, the CPUC called California’s rail bridges “a potential significant safety risk.” It said most of them “are old steel and timber structures, some over a hundred years old.” Big rail companies tout their safety programs but the report points out often these bridges are owned by small short line railroads “that may not be willing or able to acquire the amount of capital needed to repair or replace degrading bridges.”
That’s bad, but not AS bad when the rail shipments aren’t volatile oil fracked from North Dakota’s Bakken formation, loaded on old rail cars ill-equipped to handle their modern cargo. Federal regulations to upgrade the unsafe cars will probably take at least a few years to complete.
When safety advocates talk about the dangers of crude-by-rail, they invariably cite the derailment last July in Quebec that killed 47 people, burned down 50 buildings and unleashed a “river of burning oil” through sewers and basements. But the Times reached back to 1991 for arguably California’s worst train derailment, albeit sans crude oil.
A train in Dunsmuir, Siskiyou County, fell off a bridge and dumped 19,000 gallons of a concentrated herbicide into the Sacramento River. Fish and vegetation died 45 miles away. Some invertebrate species went extinct. Hundreds of people required medical treatment from exposure to the contamination.
Railroads are carrying 25 times more crude oil nationally than they were five years ago. Most oil in California is moved via pipeline or ship. In 2012, only 0.2% of the 598 million barrels of oil arrived by rail in California. But the California Energy Commission (CEC) has said it expects rail to account for a quarter of imports by 2016.
Earthjustice, an environmental advocacy group, does not want safety measures to amble down the track years after the crude roars through. Its lawyers joined with the Sierra Club and ForestEthics to file a lawsuit in federal court last week to force a U.S. Department of Transportation (DOT) response to a July legal petition seeking a ban on the type of rail cars that derailed and exploded in Quebec.
A week ago, a San Francisco County Superior Court judge told Earthjustice and other environmental groups they couldn’t sue to halt deliveries of crude oil to a rail terminal in Richmond because the deliveries had been legally permitted by the state―without public notification―and the 180-day deadline to appeal had quietly passed.
