Tag Archives: Derailment

Bakken Crude, Crude By Rail, Derailment, Explosion, Rail inspection, State regulation

Rail safety program stripped from North Dakota budget

Repost from InForum, Fargo ND
[Editor:  See also AP coverage in The Bismarck  Tribune.  – RS]

ND Democrats slam Republicans for stripping rail safety program from budget

By Mike Nowatzki, Apr 8, 2015 at 7:09 p.m.
A plume of smoke rises from scene of a derailed train near Casselton, North Dakota December 30, 2013. REUTERS / Michael Vosburg / Forum News Service

BISMARCK — Democrats slammed House Republican budget writers Wednesday for stripping a proposed state-run rail safety program from the Public Service Commission budget, calling it a broken promise that leaves residents at risk of more accidents like the fiery oil train derailment near Casselton in 2013.

The House Appropriations Committee voted 16-5 late Tuesday to approve a PSC budget that cuts about $970,000 for two rail safety inspectors and a rail safety manager to complement efforts by the Federal Railroad Administration in the next biennium.

The Senate approved the funding when it passed Senate Bill 2008 by a 46-0 vote in February.

Rep. Ron Guggisberg, D-Fargo, stressed the importance of the positions given the skyrocketing increase in crude-by-rail traffic in North Dakota and across the country.

Nationwide, crude-by-rail shipments increased from an average of 55,000 barrels per day in 2010 to more than 1 million barrels per day in 2014, with Bakken crude making up 70 percent of last year’s volume, according to the U.S. Energy Information Administration.

“This is where it’s coming from, so we need to set an example and make sure it’s safe,” Guggisberg said.

Rep. Roscoe Streyle, R-Minot, said a state rail safety program is unnecessary. He said the FRA has increased its presence in North Dakota in recent years, and BNSF Railway announced additional safety measures on March 27, including increased track inspections, better electronic monitoring of railcars and reduced speeds and other new operating procedures for trains carrying crude oil.

“I just don’t think having a couple of state inspectors running around out there is going to make a hill-of-beans difference,” he said.

The committee’s chairman, Rep. Jeff Delzer, R-Underwood, indicated he feels a state program would be duplicative.

“The feds are already doing it. We’re just expanding government,” he said.

Public Service Commissioner Julie Fedorchak, a Republican who touted the proposal during her successful election campaign last summer against Democratic state Sen. Tyler Axness of Fargo after he had advocated for a state-run inspection program, said she was disappointed the funding was stripped from Senate Bill 2008 but is hopeful it’ll be restored.

“I will continue to push for this,” she said.

Fedorchak said that while the FRA has 10 staffers in North Dakota, only two are rail inspectors, and they cover parts of South Dakota and Montana in addition to all of North Dakota — about 5,000 miles of track in total. A mechanical inspector also covers parts of Montana and Wyoming.

“The federal inspection program is spread too thin,” she said, adding the volume of hazardous materials moving on North Dakota rail lines demands the state step in and help the feds “on behalf of the citizens living next to this infrastructure.”

Streyle said some committee members also worried about a state-run program making the state liable in rail accidents, a concern Fedorchak said is unfounded and hasn’t been a problem in the 30 states that have their own rail inspection programs.

The committee rejected Guggisberg’s amendment to restore the rail safety positions. He said he now plans to bring a minority report when the bill reaches the full House, which if approved would fund the rail safety positions and three hazardous liquid inspector positions cut by the Senate. Those inspectors would oversee intrastate oil pipelines.

House Majority Leader Al Carlson, R-Fargo, said the issue will be sorted out in a House-Senate conference committee.

“That’s just a long way from over,” he said.

Bakken Crude, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Rail routing

Swinomish tribe sues to permanently ban Bakken oil trains

Repost from The Seattle Times

Swinomish tribe sues to block Bakken oil trains

A federal lawsuit filed by the Swinomish Indian tribe seeks to ban BNSF Railway from transporting Bakken crude oil across tribal lands. The line in question carries oil trains to the Tesoro refinery in Anacortes.

By Hal Bernton, April 7, 2015 at 8:37 pm, Updated April 8, 2015 at 12:10 pm
A view of the Tesoro refinery, as seen from Cap Sante lookout in Anacortes. Photographed on July 16, 2012. (John Lok / The Seattle Times)
A view of the Tesoro refinery, as seen from Cap Sante lookout in Anacortes. Photographed on July 16, 2012. (John Lok / The Seattle Times)

The Swinomish Indian Tribal Community on Tuesday went to federal court to block BNSF Railway from sending 100-car oil trains through reservation lands, claiming the company is violating an easement that sharply restricts rail traffic.

The easement signed by the railway’s predecessor company in 1991 permits only two trains a day of 25 cars or less from transiting the reservation. It also calls for the railroad company to get permission from the tribe to increase traffic.

The lawsuit filed in U.S. District Court in Seattle asks the court to permanently ban the railroad from shipping Bakken shale crude oil across tribal land, asserting that the railroad never sought permission for the oil trains.

“A deal is a deal,” said Swinomish Chairman Brian Cladoosby in a statement released Tuesday. “Our signatures were on the agreement with BNSF, so were theirs. So was the United States. But despite all that, BNSF began running its Bakken oil trains across the reservation without asking, and without even telling us.”

The Swinomish rail line that traverses tribal land on Fidalgo Island enables trains to reach a Tesoro refinery in nearby Anacortes.

A BNSF spokesman, in a statement released Tuesday said, “We have received the complaint and are reviewing it.”

The tribal lawsuit is part of an intensifying backlash in Washington and elsewhere in North America against shipping Bakken shale crude from North Dakota and Montana. Production from those fields has surged with the development of new fracking techniques.

Since 2013, a series of train derailments resulted in fiery explosions of Bakken crude, with four of those accidents occurring since early February. Bakken crude has a higher volatility than many other crudes, due to elevated levels of gases such as ethane, propane and butane

At Seattle’s Emergency Operations Center on Tuesday, Mayor Ed Murray, King County Executive Dow Constantine and other officials joined U.S. Sen. Maria Cantwell, D-Wash., to discuss threats posed by these accidents.

“In Canada nearly two years ago, a mile-long train derailed and the ensuing explosion cost 47 people their lives,” Cantwell said. “That blast leveled a half-mile radius. If that happened in Seattle, the effects would be catastrophic.”

“In Seattle, an incident of this type could impact tens of thousands of residents.”

Cantwell introduced legislation last month that would require the federal Transportation Department to regulate the volatility of crude oil shipped by trains.

The bill also would increase funding for first responders and require more disclosures from railroads about train routes. The railroads would also have to plan for worst-case derailment scenarios.

In Washington last year, up to 19 trains a week crossed parts of the state with crude oil that ends up at state or California refineries.

Some of those trains now cross Swinomish lands on the way to the Tesoro refinery. The number of those trains could rise if Shell gets approval for a rail facility at its refinery in Anacortes.

As the trains move through tribal lands, they pass close by a casino, a lodge and other development.

“Based on the demonstrated hazards” of Bakken shale crude, the tribe is “justifiably and gravely concerned” with the oil shipments, the lawsuit asserts.

The railroad’s 1991 easement across the reservation lands resulted from the settlement of an earlier tribal lawsuit that alleged that BNSF’s predecessor company was trespassing on their lands with its trains during most of the past century.

The settlement called for periodic railroad disclosures “as different products, or commodities, are added or deleted.” It also called on the tribe not to “arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs.”

The crude-oil shipments across tribal lands began in late 2011, but tribal officials said they were never informed in advance, and have never authorized that train traffic.

“We told BNSF to stop, again and again,” Cladoosby said. “It’s unacceptable for BNSF to put our people and our way of life at risk without regard to the agreement we established in good faith.”

Derailment, Empty tank cars, Public permitting, Rail Safety, Residue train, Train collission

Pennsylvania man in good condition after collision with “empty” oil train

Repost from Lancaster Online
[Editor:  I have been asking various oil train experts about the volatility of “empty” crude oil tank cars.  These cars are not truly empty: returning trains of nearly-empty cars are referred to as “residue trains,” and carry the same identifying hazmat placard as when they are full.  Of course, these cars have been known to derail or crash as happened in this report.  I have not been able to find much documentation, but several reports claim that these cars can explode, sending shrapnel and causing major (and presumably relatively short-lived) fires.  Rail and oil insurers are certain to have calculated risk assessments on these cars.  But I have no record of this risk being addressed in permitting reviews.  What additional safety risk is added to a crude-by-rail project being considered for permitting in a city like Benicia?  Please contact me if you have further information, send to rogrmail at gmail dot com.  – RS]

Marietta man, 85, in good condition after collision with oil train

By Tom Knapp, Apr 7, 2015
crash 032715
The wreckage of a pickup truck is shown after a collision March 27 with a northbound oil train. BRIAN LEID

An 85-year-old man is recovering after his pickup truck was struck by an empty oil train March 27 in Bainbridge.

Clark “Red” Arnold, of Marietta, was in critical condition as recently as Friday, but was listed in good condition Tuesday, a spokeswoman at Penn State Hershey Medical Center said.

Arnold was trapped in the truck after he apparently stopped his vehicle in the train’s path.

“He just didn’t hear the train,” Conoy Township supervisor Stephen Mohr said Friday afternoon.

“He and the train got to the intersection at about the same time. When he did see the train, he panicked and stopped on the tracks.”

Mohr, who witnessed the crash, said he had been speaking to Arnold just moments before the accident at the nearby Koser Park Boat launch area.

“You’re helpless,” he said. “I knew it was going to happen before it happened, but there’s nothing you can do.”

The crash occurred at the Race Street crossing at North Front Street.

Emergency crews were called to the scene at 1:29 p.m.

The Norfolk Southern oil train was heading north toward Harrisburg and was not carrying oil at the time of the crash, according to police.

Local, state and federal officials have expressed concerns about explosive Bakken crude oil being transported by train after several recent derailments.

Oil trains, often pulling more than 100 tanker cars, roll through about 35 miles of Lancaster County along the Susquehanna River up to 16 times a week.

Arnold was freed from his truck and taken to Hershey Medical Center for treatment, according to Lt. Stephen Englert of Susquehanna Regional Police.

“It was pretty serious,” Mohr said. “He took a beating. … They had to take the vehicle apart to free him.”

Mohr said Arnold was “conscious and talking to us” while rescue workers freed him from the truck.

There are no crossgates or warning lights at the intersection, Mohr noted.

Witnesses at the scene stated they heard the Norfolk Southern train horn well before the train collided with the vehicle, according to the Susquehanna Regional Police report.

Randy Gockley, director of the Lancaster County Emergency Management Agency, said the train did not derail, and responders on the scene reported no leakage from the train.

The Race Street intersection is the entrance to Bainbridge American Legion Park, which serves as the trailhead for the Northwest Lancaster County River Trail, as well as the location of the Bainbridge Inn.

Englert said the collision does not make him any more concerned about oil trains traveling through Conoy.

Capt. Leonard Crater of Bainbridge Fire Department said the the victim apparently “got a little too close to the tracks, and was unaware of the train coming.”

Onlookers “didn’t think he was trying to beat the train,” Crater said.

He was glad train cars were empty so “there was no kind of worry about any kind of leak or explosions or anything like that.”

The Bainbridge fire captain said nearly 20 firefighters from his department and nearby units responded, along with police.

Penny Rhan of 114 Race St., some 50 yards from the crash, heard a boom but didn’t initially realize it had been a train accident.

Another Race Street resident, Wayne Brooks, said “it’s been a long time since we’ve had an accident there.”

Staff writers David O’Connor and Ryan Robinson contributed to this report.
Air Quality, Bakken Crude, Butane, Crude By Rail, Derailment, Earthquake, Explosion, Propane, Public Safety, Tar sands crude

Phillips 66 refinery plan threatens Rodeo California residents’ safety

Repost from The San Francisco Chronicle, Open Forum

Refinery plan threatens Rodeo residents’ safety

By Janet Pygeorge and Laurel Impett, April 6, 2015 4:08pm
Contra Costa County officials approved a controver sial expan sion of the Phillips 66 refinery in Rodeo. Photo: Rich Pedroncelli / AP / FILE
Contra Costa County officials approved a controver sial expan sion of the Phillips 66 refinery in Rodeo. Photo: Rich Pedroncelli / AP / FILE

The fracking boom in North Dakota and increased recovery of tar sands oil in Canada have prompted dramatic growth in transport of crude oil by rail throughout the United States from regions that pipelines don’t serve. Bay Area refineries and oil and gas companies already are planning for increased rail traffic and expanded operations. These plans are understandably alarming residents because of the potential for oil-train explosions. The Contra Costa County Board of Supervisors, however, does not share this alarm.

The supervisors made that clear in February when they rubber-stamped a proposed operational expansion of the Phillips 66 refinery in Rodeo. Analyses done by Communities for a Better Environment, a nonprofit environmental justice organization that has sued to overturn this approval, show that the refinery’s expansion would significantly increase air pollution, greenhouse gas emissions and public safety risks.

The board’s position defies both science and common sense. This refinery is located in the middle of an earthquake liquefaction zone. Phillips 66 plans to dramatically increase the number of railcars that are regularly staged at the plant; it also plans to begin processing propane and expand its processing of butane, both highly explosive.

The proposal includes plans to store 630,000 gallons of liquid propane about half a mile from homes, churches, a school and a park. And yet the environmental analysis approved by the board claimed that there would be no significant risks associated with this operational expansion.

In the case of a large earthquake, Phillips 66’s operational expansion would place huge swaths of Rodeo at significant risk of death and destruction, with damage radiating from the refinery up past San Pablo Avenue to as far away as where I-80 runs through Rodeo. It is simply unacceptable for our county officials to allow this expansion without requiring stringent attention to public health and safety by putting aggressive safeguards in place.

In terms of air quality impacts, this refinery has a dismal track record. It received more than 200 notices of violation from the Bay Area Air Quality Management District between 2003 and 2014. According to the California Environmental Protection Agency, it is the seventh-most-toxic polluter of all California facilities with large chemical releases. Phillips 66’s proposed changes would significantly increase the level of air pollution the facility produces, but the company used accounting tricks to hide the ball in its air-quality analysis. County officials did not question the refinery’s flawed analytical approach.

The Board of Supervisors showed its hand when it approved Phillips 66’s operational expansion without requiring investments to protect the health and safety of residents. Three different lawsuits have been filed against the county for lack of appropriate oversight in this matter. Contra Costa residents must demand better from local elected officials.

Join us in demanding that the county put an end to approving dirty industry at the expense of the public’s health and safety. Enough is enough.

Ultimately, if elected officials won’t stand up for health and safety, the court should intervene and protect the best interests of this community.

Janet Pygeorge is president of Rodeo Citizens Association, one of the groups that has filed suit in this matter. Laurel Impett is a planner with Shute, Mihaly & Weinberger LLP, the law firm that represents the association.