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U.S. Mayors: oil trains must be drained of explosive gas

Repost from Reuters
[Editor: see also Safety of Citizens in Bomb Train Blast Zones in Hands of North Dakota Politicians and North Dakota seizes initiative in CBR degasification. – RS]

U.S. oil trains must be drained of explosive gas, mayors say

By Patrick Rucker. WASHINGTON, Sep 16, 2014

(Reuters) – Dangerous gas should be removed from oil train shipments to prevent a future disaster on the tracks, U.S. mayors and safety officials will tell regulators in comments on a sweeping federal safety plan.

The Department of Transportation in July proposed measures meant to end a string of fiery accidents as more trains carrying oil from North Dakota wind across the United States.

Tank cars carrying flammable cargoes would be toughened and forced to move at slower speeds under the plan. But critics say the failure to address vapor pressure, a measure of how much volatile gas is contained in the crude, is a major omission, and intend to drive their point home.

“That’s an oversight we’re going to push them to fix,” Elizabeth Harman, an official with the International Association of Fire Fighters, told Reuters.

Responses to the DOT’s plan are due by Sept. 30, and so far more than 100 comments have been received. Typically in a contentious rulemaking major stakeholders submit their views just before the deadline.

U.S. officials have studied vapor pressure since July 2013, when a runaway oil train derailed in the Quebec village of Lac-Megantic, killing 47 people in a fireball that shocked many with its explosive power.

Until recently, official findings on vapor pressure were in line with industry-funded studies: That the North Dakota fuel is similar to other U.S. light crude oil deemed safe to move in standard tank cars.

But the DOT said last week that it did not properly handle prior samples and that a precision device, a floating piston cylinder, is needed to reliably detect vapor pressure dangers.

Given that disclaimer, many officials simply want dangerous gas removed from crude oil before it is loaded onto rail cars.

“The technology exists so it boils down to costs,” said Mike Webb, a spokesman for Davis, California, who expects nearby cities will join a call for safer handling of Bakken crude from North Dakota.

Under one scenario, energy companies would siphon gas from crude oil and send the fuel to market via different channels. But building such infrastructure, like separators or processing towers, could cost billions of dollars.

The North Dakota Petroleum Council has sampled some Bakken fuel using a floating piston cylinder and the results have been inconclusive, said Kari Cutting, vice president for the trade group.

“But nothing we’ve seen supports the idea that Bakken crude is more volatile than other light crude oils or other flammable liquids,” said Cutting.

But leaders of many railside towns say uncertainty demands the fuel only move under the most stringent safety measures.

“There is a way to haul dangerous cargo safely and that means using state-of-the-art tools,” said Karen Darch, mayor of the Chicago suburb of Barrington, where fuel-laden freight trains cross commuter tracks as many as 20 times a day.

North Dakota officials will next week hold a hearing to consider measures to de-gasify crude oil in the state.

(Reporting by Patrick Rucker, editing by Ros Krasny and Cynthia Osterman)

Davis City Council finds Valero crude-by-rail impact report lacking

Repost from The Davis Enterprise
[Editor: Breaking news … DAVIS, CA – On Tuesday evening, 9/2/14, the Davis City Council approved the letter as written (but with minor editorial changes) and directed staff to submit it to the City of Benicia for the record.  The DRAFT letter can be seen here.  – RS]

City Council finds Valero crude-by-rail impact report lacking

By Elizabeth Case, September 3, 2014

The Davis City Council has released a draft of the letter it plans to send to the city of Benicia in response to the Valero crude-by-rail project’s draft environmental impact report.

The project would build out the Valero refinery’s capacity to unload oil from rail cars, increasing shipments to about 70,000 barrels of oil a day in two, 50-car-long shipments, likely from Roseville to Benicia along the Capitol Corridor rail line. That line passes right through downtown Davis.

Draft environmental impact reports are required for projects that could have significant impacts on their surroundings. Notably, this report found the risk of an accident — a derailment and spill — to be an insignificant risk, while the additional trains would have a significant air quality impact.

The City Council will meet at 6:30 p.m. Tuesday in the Community Chambers at City Hall to vote on the language contained in the letter. The letter, as it stands, argues that the assessment is both misleading and incomplete, and focuses on a few main concerns:

* The report’s failure to address a May emergency order and an August notice from the U.S. Department of Transportation. The former requires railroads transporting more than 35 cars, or 1 million gallons, of North Dakota’s Bakken crude oil in a single shipment to notify state emergency response commissions. The latter includes a report about improving vehicle-to-vehicle communication.

* A request that Benicia mandate the use of the newer 1232 tank cars. These have thicker shells and other improvements over “legacy” — DOT 111 — cars, which have been involved in most of past decade’s oil-by-rail accidents.

However, 1232 cars were involved in at least one derailment in Lynchburg, Va., in April. Benicia cannot legally require Valero or Union Pacific to use a specific type of car, since railroads fall under federal jurisdiction.

Valero spokesperson Chris Howe has previously confirmed that the company would use only the 1232 cars to transport oil.

* A lack of information on where and how Valero might store the crude oil, if it isn’t used right away. Specifically, Davis is concerned that the siding between Interstate 80 and Second Street in Davis could, and might already, be used for the storage of crude oil.

In addition to the above concerns, the Davis City Council requests an investigation into the current conditions of the railroad line from Roseville to Benicia.

The letter also alleges that the EIR fails to account for fire or explosions in its assessment of damage caused by release of hazardous materials, that it fails to take a magnitude of such a spill into account, and that it does not assess all the possible routes for the crude oil to be shipped to the Valero refinery.

The letter also requests that advance notice of shipments be made to city of Davis and Yolo County authorities — information oil companies have been tight-lipped about, citing terrorism concerns.

If Valero is importing Bakken crude at amounts specified in the transportation department’s order, it will have to inform the state commission. Assembly Bill 380, which was approved Friday, would require flow data and other information to be submitted about a company’s top 25 hazardous materials, including oil from the Bakkens, though it would continue to keep the information out of the public realm.

Davis’ comments draw strongly from those already filed by the Sacramento Area Council of Governments and Yolo County.

Davis City Council member Lucas Frerichs, who also sits on SACOG’s Rail Ad Hoc Committee, said the council understands the need for oil imports, but doesn’t believe the environmental assessment adequately assesses potential dangers.

“It’s going to come in by rail, we just need to make sure it’s done safely,” Frerichs said. “(But the report) absolutely needs to be adjusted in order to protect the safety of citizens up and down the rail corridor.”

The council passed a unanimous resolution in April opposing oil by rail until safety issues, like better warning signs about speed changes, have been addressed.

“Our read of it — even if the risk is only once in every 111 years, if there was a catastrophic explosion, especially in our downtown, it would obviously have a great impact on our community, on lives on our property,” said Mike Webb, the city’s community development and sustainability director and author of the letter.

“Even if that was only once in 111 years, that’s once too much.’

If the Benicia Planning Commission acknowledges the concerns voiced by Davis, it would require a reissue and recirculation of the EIR, delaying the project. Representatives for the commission could not be reached before deadline.

“It would slow the process down, but I don’t think that would necessarily be a bad thing,” Webb said,” because we’re asking for more information and disclosure about what the project is.”

Interested parties have until Sept. 15 to submit a comment on the EIR before the Benicia Planning Commission begins its review.

Sacramento leaders question Benicia’s crude oil rail project

Repost from The Sacramento Bee
[Editor: The SACOG letter can be viewed here.  (Note that this download is in draft form, but the letter was approved as is.)  Of interest also is this 10-page Union Pacific letter addressed TO the SACOG Board, encouraging no action.  A recording of the Board meeting  is available here.  – RS]

Sacramento leaders question Benicia’s crude oil rail project

By Tony Bizjak, Aug. 28, 2014
Tracks lead to Benicia’s Valero refinery. Sacramento area leaders have drafted a letter saying a Benicia report doesn’t take major oil train risks into account. | Manny Crisostomo

Sacramento leaders will send a letter to Benicia today formally challenging the Bay Area city to do a better job of studying train derailment risks before it approves an oil company’s plans to ship crude oil on daily trains through Sacramento-area downtowns to a Benicia refinery.

Acting collectively through the Sacramento Area Council of Governments, which represents 22 cities and six counties, Sacramento representatives say they are protecting the region’s interests in the face of a proposal by Valero Refining Co. to transport an estimated 2.7 million gallons of crude oil daily on trains through Roseville, Sacramento, West Sacramento and Davis. Valero officials say the oil will be refined into gas for cars in California, as well as diesel fuel and jet fuel.

“We are not taking a position on whether the project should proceed,” said Don Saylor, a Yolo County supervisor and SACOG member. “We are pointing out, as we have the responsibility to do, the public safety issues in our region. There are ways those issues can be identified and mitigated.”

Benicia officials have been collecting public comments and questions about their environmental review of the Valero project plans, and said they will respond to all comments after the comment period closes Sept. 15.

The SACOG group also is drafting a letter to federal regulators, encouraging them to make hazardous materials transport on rail safer, particularly shipments of volatile crude oil produced in North Dakota’s Bakken region. Crude oil train shipments have increased dramatically in recent years, leading to several derailments and explosions, including one that killed 47 in a Canadian town last year.

Railroad officials nationally say derailments are very infrequent. A study commissioned by Benicia determined that a derailment and spill would be a rare occurrence on the line between Roseville and Benicia. But Sacramento leaders contend Benicia has underplayed derailment possibilities, and has not adequately studied the consequences of a spill and fire.

“We think there are serious safety concerns that should be addressed by Benicia, not downplayed,” said Sacramento Councilman Steve Cohn, chairman of the SACOG board.

The Benicia trains would travel on tracks just north of downtown, through the downtown Sacramento railyard, and over the I Street Bridge.

Elk Grove Mayor Gary Davis was one of two SACOG members who voted to oppose sending the letter. “I thought it is a little outside our scope. It’s a slippery slope,” he said.

SACOG’s main role is to serve as the region’s transportation planning agency and to administer a portion of the region’s federal transportation funding allotment.

Sutter County Supervisor James Gallagher also voted against sending the letter, saying many safety issues are in the federal government’s purview, not Benicia’s. He said he doesn’t want to discourage production of domestic oil that creates jobs and reduces reliance on foreign oil.

Sac Bee: More Information

Sacramento Area Council of Governments: Letter critical of Valero DEIR approved

SACOG – representing 6 counties and 22 cities – to file objections by Sept 15 deadline

August 21, 2014
[Editor: This is an edited version of an email by Lynne Nittler of Davis, CA, who attended the meeting.  – RS]

The 28-member Board of the Sacramento Area Council of Governments (SACOG) met on August 21, 2014, and listened to 15 community member comments from Davis, Sacramento, Dixon and Benicia who thanked them for their thorough and well-documented letter on uprail concerns not adequately addressed in the Benicia Valero Crude-by-Rail Project DEIR.  All urged the Board to submit the letter.

In addition, SACOG counsel Kirk Trost, who researched and wrote the letter, explained his efforts to execute their directions and stood by his letter.  A spokesperson from Valero claimed that many of the requests in the letter should be directed to the federal government due to federal preemption.  Union Pacific offered to serve as an information resource as they are not technically involved; however their letter to SACOG (also submitted to the DEIR) stresses federal preemption and states outright, with citations of similar cases, that ”neither SACOG nor its member agencies has authority to  impose the mitigation measures or conditions proposed in the draft Comment Letter on Valero Crude by Rail Project Environmental Impact Report.”

The SACOG Board held to their original plan to submit the letter which they commended and believed stated the truth of the inadequacies of the DEIR.   With just one substitute Director attempting to dismiss or weaken the letter unsuccessfully, the rest of the Board voted to submit the letter.

In the next item on their agenda, the SACOG Board agreed to look at the comments developed by Mr. Trost on the federal DOT Rule-making document presently open for public comment through the end of September.   (For information on how to send your comment to the Pipeline and Hazardous Materials Safety Administration, see Two-month comment period starts for new federal oil train rules.)

It remains to be seen how this all plays out legally, as Valero and UP are powerful players who are used to winning.

The Sacramento Air Quality Management District will shortly send their letter, another strong one, but more narrowly focused on air quality issues.  Also, watch for letters from the cities of Davis (city council on Sept. 2), Sacramento, Roseville, and Colfax.