Tag Archives: DOT-111

Bakken Crude, California Environmental Quality Act (CEQA), DOT-111, Earthjustice, Sacramento Metropolitan Air Quality Management District, Sierra Club

Central Valley Business Times: Oil company abandons plans to handle Bakken crude in Sacramento

Repost from Central Valley Business Times

Oil company abandons plans to handle Bakken crude in Sacramento

SACRAMENTO, October 22, 2014

•  Cites lawsuit filed by environmentalists
•  “This is a victory for the health and safety of the people of Sacramento”

InterState Oil Company says it is surrendering its air pollution permit that lets it transfer highly volatile Bakken crude oil from railcars to trucks at its transloading facility located at 4545 Dudley Boulevard in the McClellan industrial park in Sacramento.

The decision comes a month after Earthjustice filed a lawsuit on behalf of Sierra Club challenging the Sacramento Metropolitan Air Quality Management District for issuing permits allowing the project without public or environmental review.

Now the air agency says the permit was “issued in error because it failed to meet District Best Available Control Technology requirements.”

The agency and the company have agreed that the transfers will stop by Nov. 14.

“This is the first crude transport project that has been stopped dead in its tracks in California,” says Suma Peesapati, Earthjustice attorney. “This is a victory for the health and safety of the people of Sacramento, for communities along the path of the trucks hauling this dangerous product to the Bay Area, and for the refinery communities where the crude is eventually processed.”

Earthjustice filed the lawsuit on behalf of the Sierra Club on Sept. 23, holding the air district and InterState Oil accountable for neglecting to consider the risk to public health and safety of the project. The lawsuit also challenged the air district for deliberately avoiding its obligations for review under the California Environmental Quality Act despite the fact that the project would have significant increases in air pollutants, including toxic air contaminants.

The air district first issued a permit to InterState to trans-load crude from rail to truck on March 27, however according to an investigation by the Sacramento Bee, the company had been trans-loading crude without a permit as early as six months before that date. No notice was given to local fire and emergency responders or other officials about the handling of the highly flammable substance just seven miles north of the California state capital.

“This is a huge victory for Sacramento residents and communities across California who are put in harms way by trains carrying volatile, hazardous crude that are known to derail and explode,” says Devorah Ancel, Sierra Club staff attorney. “Local, state and federal governments must take further immediate action to notify the public when hazardous crude is railed through their communities and to ban the use of unsafe DOT 111 tank cars.”

As a result of today’s decision, Sacramento Superior Court is expected to dismiss the lawsuit, Earthjustice says.

Bakken crude, a type of shale oil, is more volatile than other kinds of crude oil. It has been blamed for some spectacular — and tragic — accidents, the worst of which was the July 2013 derailment of a train of oil cars carrying Bakken crude in the small Quebec town of Lac-Mégantic. The explosion and fire killed nearly 50 townspeople and leveled more than 30 buildings.

Bakken Crude, Crude By Rail, DOT-111, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Tank car design, Train braking systems, Volatile gases

Fed Measures on Crude Oil Fall Short, Put Protected Estuaries and Heritage Areas at Risk

Repost from HuffPost GREEN, The Blog
[Editor: Note reference near the end on federally designated National Heritage Areas and Estuaries of National Significance which “require special protection from potential explosions and spills. Rerouting bomb trains away from such specially designated regions would avert a disaster-waiting-to-happen to prime assets along their rail lines.”   The San Francisco Estuary Partnership is one of 28 Estuaries of National Significance.  (I am trying to confirm that the Sacramento-San Joaquin Delta is a National Heritage Area – their website is out of date.)  How might these agencies be brought into the discussion on Valero Crude By Rail?    – RS] 

Fed Measures on Crude Oil Fall Short, Put Hudson River at Risk

By Ned Sullivan, President, Scenic Hudson and Paul Gallay, President, Hudson Riverkeeper, 10/21/2014

Last May, we wrote about how the Hudson River Valley has become a virtual pipeline for the transport of highly flammable Bakken crude oil in unsafe DOT-111 railcars–the same tankers whose derailment has caused numerous explosions across the U.S. and the death of 47 people in Lac-Megantic, Canada.

Since then, very little has changed, which means the situation has just gotten worse.

Each day, more than 320 of these oil-laden cars continue to pass through our communities and along the shores of the Hudson River, one of the world’s most biologically diverse tidal estuaries. To date, we’ve escaped disaster, although three trains pulling empty DOT-111s have derailed in the Hudson Valley. Each time a rail accident occurs in the region, as it did just last week, the environmental community holds its breath, expecting the worst.

What will happen if cars full of Bakken crude do go off the tracks? The federal Pipeline and Hazardous Material Safety Administration (PHMSA), quoting the National Transportation Safety Board (NTSB), recently provided the answer: They “can almost always be expected to breach,” making them “vulnerable to fire.” The result would be catastrophic to the public health, vital natural and historic resources, and drinking water supplies of a region stretching from Albany to New York Harbor. It would cause long-lasting, if not permanent, damage to the estuary’s entire ecosystem and the foundation of a vibrant, $4.75-billion tourism economy.

Both Scenic Hudson and Riverkeeper have been advocating vigorously for increased federal protections, including an immediate ban on the use of DOT-111s for transporting crude. Therefore, we were bitterly disappointed and frankly frustrated by new draft regulations proposed by the PHMSA regarding tanker redesign and other measures for reducing the risks of explosions and spills from these “bomb trains.” They just don’t go far enough fast enough, meaning our communities remain at grave risk. It also means the proposed rules don’t comply with federal law, which requires strict safety upgrades that will protect the public.

In formal comments on the regulations our organizations submitted jointly, we outline how the PHMSA’s rules are replete with loopholes and weak safety proposals.

  • Despite acknowledging the safety hazards of DOT-111s, the proposed regulations would very slowly phase out their use for transporting Bakken crude and allow 23,000 of these outdated, dangerous cars to remain on the rails for shipping heavy Canadian tar sands crude, which presents different but equally serious safety and environmental risks.
  • The regulations fail to require full disclosure of rail traffic information to first responders, and instead ask the industry if it would prefer to keep this information confidential.
  • The regulations fail to require the most protective braking improvements or speed restrictions, and fail to even consider limits on the length of trains that could reduce accident risks and impacts of a derailment.
  • The regulations would allow railroads to continue operating 120-car trains of Bakken crude oil without requiring any train-specific spill response plans–despite the fact that a 120-car train carries as much oil as an oil barge or tanker, both of which must have spill response plans approved by the Coast Guard.

Put simply, these rules defer to the rail and oil industries at every turn–and they won’t stop the next bomb train disaster. As the NTSB warned in its official comments on these proposed rules, “Each delay in implementing a new design requirement allows the construction of more insufficiently protected tank cars that will both increase the immediate risks to communities and require costly modification later.” Further, the NTSB concludes that the government’s proposed standards for new and existing tank cars offer options that “do not achieve an acceptable level of safety and protection.”

We deserve real protection for our communities and the environment. And we deserve it now.

For these reasons, Riverkeeper and Scenic Hudson have called on the PHMSA to issue an emergency order requiring immediate adoption of the most stringent tank car standards, speed restrictions and use of electronic controlled pneumatic braking in all trains carrying crude, as well as closing loopholes in the rule that leave heavy tar sands crude and trains carrying fewer than 20 cars of Bakken crude completely unaddressed. (Scenic Hudson also has called for rules requiring Bakken crude to be processed at its source in North Dakota, making it much less volatile for shipment. This is done at many Texas oil fields.)

In addition, we are calling on federal rail regulators to designate the Hudson River Valley, as well as other similarly situated regions, highly important natural and cultural resources under PHMSA routing regulations. This means that the natural and cultural resources within this federally designated National Heritage Area (one of only 49) and Estuary of National Significance (one of 28) require special protection from potential explosions and spills. Rerouting bomb trains away from such specially designated regions would avert a disaster-waiting-to-happen to prime assets along their rail lines. In the Hudson Valley, those assets include six drinking water intakes; 91 state, county and municipal parks; 40 Significant Coastal Fish and Wildlife Areas; nine colleges; 69 public schools and 80 medical facilities.

The federal government has the responsibility to ensure the public’s safety. Until Washington steps up and fulfills this obligation, we’ll have to keep on holding our breath.

BP Cherry Point, CPC-1232, Crude By Rail, DOT-111, Tank car design

ForestEthics: switch to newer rail cars for crude still not safe

Repost from ABC News
[Editor: Significant quote: “Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April Krogh called switching to the newer cars ‘a red herring.’   ¶  ‘It’s a marginal improvement, but it’s nowhere near safe,’ he said. ‘They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.'”  – RS]

Refinery Switching to Newer Rail Cars for Crude

BELLINGHAM, Wash. — Oct 11, 2014

A refinery in northwest Washington state says it will no longer accept any volatile North Dakota crude oil unless it arrives on newer-model tank cars.

By the first week of October, the BP Cherry Point facility had stopped using pre-2011 standard tank cars, known as DOT-111 cars, for the shipments, The Bellingham Herald reported ( http://is.gd/XmHxHN ).

The change comes amid public concern about the safety of shipping crude by train. Since 2008, derailments of oil trains in the U.S. and Canada have seen the older 70,000-gallon tank cars break open and ignite on multiple occasions, resulting in huge fireballs. A train carrying Bakken-formation crude from North Dakota in the older tanks crashed in a Quebec town last year, killing 47 people.

The National Transportation Safety Board, which recommended upgraded regulations for crude oil and ethanol cars in 2011, is working on updating rail safety standards and could require companies to phase out the DOT-111 cars for shipping crude oil during the next couple of years

Cherry Point was already using newer, safer tank cars to receive about 60 percent of its crude oil, but expedited the switch to the newer cars in response to community concerns, BP spokesman Bill Kidd said. The refinery now uses a fleet of about 700 newer cars, called CPC-1232s.

The newer cars have thicker shells, head shields on both ends and improved valve protection.

But Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April.

Krogh called switching to the newer cars “a red herring.”

“It’s a marginal improvement, but it’s nowhere near safe,” he said. “They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.”

Trains carrying Bakken oil from North Dakota have been supplying Washington refineries at Tacoma, Anacortes and Cherry Point. Oil-train export terminals are proposed at Vancouver and Grays Harbor on the Washington coast.

About 70 percent of the crude-oil rail cars that BNSF Railway currently moves through Washington state are already the newer design, railway spokesman Gus Melonas said.

For two decades, the Cherry Point refinery received crude oil only by pipeline, Kidd said. It later added shipments by sea.

But Alaskan crude oil has turned into the last type the refinery is interested in because of the higher price. Crude oil from mid-continent shale formations has become a cheaper option for the refinery, Kidd said.

“It’s completely turned the industry on its head,” Kidd said. “Without access to crude by rail, this refinery cannot compete.”

Refinery Manager Bob Allendorfer said the facility is always going to be progressive when it comes to safety. “Safety is always first, and you have to get it right,” Allendorfer said.

BP Cherry Point, CPC-1232, Crude By Rail, DOT-111, Tank car design

Washington refinery switching to newer rail cars for crude

Repost from The Bellingham Herald

BP Cherry Point will allow only newer-model train cars at its crude oil terminal

By Samantha Wohlfeil, The Bellingham Herald, October 11, 2014


BP Cherry Point has announced its rail terminal will no longer accept or unload any Bakken region crude oil from pre-2011 standard tank cars.By the first week in October, the facility had stopped using older DOT-111 cars for crude, BP spokesman Bill Kidd said.

After several high-profile derailments in the last year, groups concerned about the safety of oil trains have rallied around a call to have companies trade in all old DOT-111 rail cars, which are used to carry a variety of hazardous and flammable liquids, for higher standard cars, like the CPC-1232.

For decades the DOT-111 cars have been found more likely to puncture or burst. The National Transportation Safety Board, which recommended upgraded regulations for crude oil and ethanol cars in 2011, is working on updating rail safety standards.

The newer cars have thicker shells, head shields on either end of the car and improved valve protection.

BP Cherry Point, which received its first crude shipment from the Bakken region Dec. 26, 2013, was already using CPC-1232 tank cars to receive about 60 percent of its crude oil from that area and had planned to get about 400 more by the end of 2014, Kidd said.

“But we expedited that in order to respond to community concerns,” Kidd said. “We pulled a lot of leverage to get to this point.”

The refinery now uses a fleet of about 700 CPC-1232s.

The NTSB could require companies to phase out the DOT-111 cars for crude oil shipping over the next couple of years.

About 70 percent of the crude oil rail cars that BNSF Railway currently moves through Washington state are already the newer design, said Gus Melonas, BNSF spokesman for the Pacific Northwest.

Transition to crude by rail

For two decades the refinery received crude oil only by pipeline, later adding waterborne tanker service, Kidd said. But Alaskan crude oil has turned into the last type the refinery is interested in, due to price.

Though many people did not see it coming, mid-continent shale formation crude oil has become a cheaper option and an advantage for the refinery, Kidd said.

“It’s completely turned the industry on its head,” Kidd said. “Without access to crude by rail, this refinery cannot compete. … If there was a pipeline there wouldn’t be the big discount. Right now there is no other way to move it.”

The Cherry Point rail terminal is made up of two complete loops that allow the refinery to hold up to two trains of about 120 cars – one full and one empty.

It takes crews from BP contractor Savage Services about 18 to 20 hours to offload a train loaded with crude oil using gravity to drain one quarter of the train at a time, said BP Operations’ Ryan Kennedy, who oversees the rail terminal work. Once crews unload a train, it sits empty while BNSF sends a crew back to the facility to pick it up.

The loop is about as flat as it gets, both for working purposes and safety, Kennedy said. A 0.25 percent grade keeps couplers between the cars tight when the trains are parked, and there is a slight grade at the entrance to/exit from the loop so in the event a train did get loose for whatever reason, it would not leave the refinery.

A variety of safety precautions, like plastic liners built in under the rail loop and bins placed under each hose when the cars are hooked up for draining, are designed to prevent bad situations, Kennedy said.

“There’s a lot of fat built in naturally, a lot of redundancy,” Kennedy said. “We secure the train above and beyond the minimum requirement. We’ve determined the standard for the longest train we could hold and we put on that many brakes for all trains, regardless of length.”

BP’s terminal is permitted to receive an average of one unit train per day. It currently gets about 25 per month, Kennedy said.

Refinery Manager Bob Allendorfer said the facility is always going to be progressive when it comes to safety.

“Safety is always first, and you have to get it right,” Allendorfer said.