Tag Archives: explosion

Railroad President Greeted by Bomb Train Protestors in Chicago

Repost from DeSmogBlog

BNSF President Greeted by Bomb Train Protestors in Chicago

By Justin Mikulka, May 27, 2015 – 16:50

Today at the annual North American Rail Shippers Association, Carl Ice, president of rail company Burlington Northern Sante Fe (BNSF) had his keynote address interrupted by members of Rising Tide Chicago. The activists carried banners reading, “BNSF: Profits over Safety” and “BNSF: Bomb Trains Kill.”

BNSF moves significantly more oil by rail than any other rail company and much of that oil passes through the Chicago area.

In March, a BNSF oil train derailed and caught fire in Galena, Illinois. In May, another BNSF oil train derailed and caught fire in North Dakota.

BNSF makes billions of dollars putting our communities and climate at risk,” said protester Kevin Oliver. “So we took this action to take a stand against the obscene wealth that is being generated at the expense of our safety.”

Oliver was correct about BNSF making billions of dollars for its parent company Berkshire Hathaway, run by famed investor Warren Buffett. Berkshire Hathaway purchased BNSF in 2009 and it has turned out to be an amazing investment, if you don’t mind the occasionally exploding oil train.

The success of the investment was summed up best by Jeff Mathews who has written books about Berkshire Hathaway.

He [Buffett] stole it,” Matthews told Bloomberg. “He’s got to feel really good that he bought it when he did, because it’s a wonderful asset, and it’s done nothing but get more valuable in the time that he’s owned it.”

And that increase in value is directly related to the huge increase in moving Bakken crude oil in BNSF unit trains in the past several years. Trains that do not have modern braking systems, which is one of the issues raised by Rising Tide Chicago. And BNSF is certainly in no hurry to part with any of their profits to install modern braking systems.

As reported on DeSmog, BNSF and the rail and oil industries have lobbied extensively against requirements that the industry upgrade the oil trains to use a modern electronically controlled pneumatic (ECP) braking system.

And while the new regulations released earlier this month will require some oil trains to use ECP brakes by 2021 and all of them by 2023, the American Petroleum Institute has filed a lawsuit against the Department of Transportation challenging this requirement, which is likely to delay even that long timetable.

The length of time the oil and rail industries have been allowed by the new regulations to implement safer technologies even surprised the former chair of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Cynthia Quarterman. PHMSA is the agency responsible for the new regulations and Quarterman led that agency for most of the time the regulations were being developed.

“That was the biggest surprise, by far,” Quarterman said in an interview with Argus after the regulations were released. “The push-back for five years for most things, I thought it was a substantial push-back in terms of dates.”

Extending the timeline for the regulations has been a top priority of the oil and rail lobbyists and their partners in congress in their efforts to weaken the new regulations and protect profits.

Prior to release of the new regulations Quarterman told USAToday that she thought ECP brakes were a top priority when it came to improving oil-by-rail safety.

“The more I think about it, the more I think that the ECP brakes may be more important than the tank car itself,” Quarterman said. “Because it would stop the pileup of the cars when there’s a derailment or when there’s a need to brake in a very quick fashion.”

And it isn’t just Quarterman who believes in the safety benefits of ECP braking systems. In 2007, long before the oil-by-rail boom, BNSF was touting the impressive safety benefits of ECP brake systems according to this press release.

ECP brakes have the potential to reduce train stopping distances by as much as 50 to 70 percent over conventional air brake systems. ECP brakes utilize electronic signals to simultaneously apply and release throughout the length of a freight train. This differs from conventional brake systems in which each car brakes individually as air pressure moves in a series from car to car.

But since the existing highly profitable and known to be flawed fleet of DOT-111 and CPC-1232 tank cars being used to move Bakken oil do not have ECP braking systems currently installed, BNSF and their allies at the American Petroleum Institute are now against ECP technology. An approach succinctly captured in today’s banner reading, “Profits over Safety.”

In 2006, the Federal Railroad Administration released a report on ECP brakes prepared by Booz Allen Hamilton which stated that the brakes are a “tested technology” that offers “major benefits” and could “significantly enhance” rail safety.

The question raised by today’s protest and the one that is really at the heart of the whole oil-by-rail discussion is how long will companies like BNSF get to continue to put profits over safety? The answer to that question is most likely the one given by former head of the National Transportation Safety Board Deborah Hersman. Hersman said that we’ve “seen a lot of difficulty when it comes to safety rules being implemented if we don’t have a high enough body count.”

So in all likelihood, the only way that there will be significant safety improvements in the oil-by-rail industry is when the next fatal accident increases the pressure on regulators and the industry to finally part with some of their profits to protect the public.

 

Firefighter battalion chief: Russian roulette on the railways

Repost from Chico News & Review
[Editor:  This article is well-written and documents gutsy analyses by a regional firefighter and County officials who understand that local safety is at the mercy of federal regulators.  Three years of Russian roulette – and more.  A “must read.”  – RS]

Russian roulette on the railways

Butte County train tracks are Bakken-free for now, but emergency responders fear a return of the volatile fuel
By Evan Tuchinsky, 05.21.15
Cal Fire Battalion Chief Russ Fowler says the Department of Transportation’s new rules regarding traincar safety are insufficient. PHOTO COURTESY OF CAL FIRE

What is ‘Bakken’?

The light crude oil known as Bakken comes from fracking a geologic formation of that name under North Dakota, Montana and Canada. Less dense and with less carbon, light crudes yield more gasoline than heavier crudes, but also are more volatile.

Trains crash. That fact hit home last week when a passenger train derailed in Philadelphia and also last year, on Nov. 26, when a cargo train derailed in the Feather River Canyon.

The risk of devastation multiplies when the derailed train carries volatile crude oil. A recent spate of those accidents has garnered national attention, too, prompting the U.S. Department of Transportation (DoT) to release new regulations governing the conveyance of flammable liquids. The measures have drawn near-unanimous opposition, though, and done little to assuage lingering local fears.

“My constituents have raised concerns and the Board [of Supervisors] is concerned,” said Butte County Supervisor Maureen Kirk, who represents Chico. “We’re hoping that some of the legislation and some of the discussion that comes forward will make even stiffer requirements on the transport of this Bakken oil.”

The DoT regulations came out May 1. Five days later, another oil train crashed, in North Dakota. By last Friday (May 15), both the petroleum industry and environmentalists had filed legal challenges to the DoT’s so-called “final rule.”

The International Association of Fire Fighters also has voiced objections. Representing more than 300,000 firefighters in North America, the IAFF protested a provision that allows railroads to keep the contents of their trains confidential—under the banner of national security.

Russ Fowler, battalion chief with Cal Fire Butte County and coordinator of the local Interagency Hazardous Materials Team, has additional concerns. DoT regulations phase out tank cars that are not up to the current safety standard, rather than pull them off the rails for retrofitting or retirement. Transportation Secretary Anthony Foxx has argued that the alternative would result in increased oil-tanker traffic on highways.

Fowler says one particular railcar commonly used to carry volatile Bakken crude oil, the DOT-111, “just [wasn’t] designed for that product.” Since railroads have until 2018 to get those cars up to standard, “we have three years of potential Russian roulette on our hands if light crude oil is transported down the Feather River Canyon like it was done last fall.”

Cal Fire has communicated with BNSF Railway, Fowler said, and has been told no crude oil deliveries have come through Butte County this year. “I have no reason not to believe them,” he added, though he’s seen DOT-111s riding on Chico tracks.

Lena Kent, BNSF’s spokeswoman for California, confirmed by email that “we are not currently transporting Bakken crude in your county.” She also wrote: “We do provide information to the Office of Emergency Services in California.”

That’s in contrast with last year, when train cars carrying millions of gallons of the explosive oil, reportedly around one shipment per week, did make their way way along the Feather River Canyon. Experts tie the reduction of imports to a reduced demand for the fuel, a lighter type that’s similar to gasoline and thus extremely volatile.

While Cal Fire dreads the prospect of an urban crash, the Feather River Canyon presents a distinct set of frets.

Train tracks head into remote areas that are difficult for emergency responders to reach. Access roads don’t always run adjacent to the rail route—not even parallel in certain spots. Depending on where a crash occurred, spilled oil could contaminate the Feather River and Lake Oroville—a major source of water for California—or could start a forest fire should it ignite.

Even without a blaze or river release, “it would make an ugly, oily mess in the canyon,” Fowler said. “It would be a terrible environmental disaster.”

Butte County supervisors articulated such concerns to the California Public Utility Commission and the Governor’s Office of Emergency Services, before the DoT released its regulations. OES responded by saying the state is investing in “purchasing new Type II hazardous material emergency response units” and in “local training specific to … rail safety incidents.”

For Supervisor Doug Teeter, the board chair who represents the Ridge, that’s little assurance. He has a powerless feeling—believing “it’s just a matter of time” before an accident happens locally, yet knowing “as a county we have no control” over the rails.

“We’re at the mercy of the federal regulators,” he continued. “All we’re really getting is a little response on improved training and equipment. That is not nearly enough to handle a 100-car spill.”

Either in populated or unpopulated areas.

“We as a hazmat team plan for worst-case scenarios,” Fowler said. “Just because you plan for a worst-case scenario doesn’t mean you can mitigate the worst-case scenario, because there are things that can happen that are so catastrophic that it would overwhelm local resources until more regional or statewide resources could come in to help.”

Should legal challenges fail, and in the absence of local authority, a remedy to the DoT regulations remains: Congress. Teeter recently met with a representative of Sen. Barbara Boxer. Meanwhile, North State Congressman John Garamendi has introduced legislation to make light crude safer for rail transport.

Teeter encourages constituents to write congressional representatives and senators. He finds encouragement even in the controversial DoT regulations, which arose amid an uproar.

“Maybe now we’ll have a voice,” Teeter said. “Maybe something can happen.”

 

BIG WIN: Washington state judge denies Shell appeal on rail project review

Repost from Reuters

Washington state judge denies Shell appeal on rail project review

HOUSTON | By Kristen Hays, May 21, 2015 11:34pm BST

A judge on Thursday denied Royal Dutch Shell’s appeal of a ruling that a proposed oil-by-rail project at its Washington state refinery must undergo a full environmental review, just two weeks after a crude train derailment caused a fire in North Dakota.

Shell had appealed a February ruling from a Skagit County Office of Land Use Hearings examiner that the plan to move 70,000 barrels per day of inland crude to its 145,000 bpd Puget Sound refinery in Anacortes must be comprehensively reviewed.

In 2014, the county said the project did not need that much scrutiny to get a permit, prompting challenges from several environmental organizations.

On Thursday, a Skagit County Superior Court judge denied Shell’s appeal, according to court officials.

The denial came two weeks after an eastbound crude train derailed in North Dakota, the latest in a spate of fiery mishaps since 2013 that have stoked fears about moving oil by rail.

Shell had sought to limit the review’s scope to exclude railroad issues overseen solely by federal regulators, but said it remains committed to working with the county and other agencies to finish the permitting process.

Shell’s refining competitors in Washington have been bringing in U.S. crudes by rail since 2012 to displace more expensive imports and declining Alaskan oil output. Shell was the last to seek oil-by-rail permits in late 2013, but by then opponents had taken notice of train crashes and safety concerns.

The rail issue is not Shell’s only concern in the state. The company also faces opponents to its plan to use the port city of Seattle to ready rigs before they travel to the Chukchi Sea off the north coast of Alaska.

(Reporting By Kristen Hays. Editing by Andre Grenon)

New York says no to Albany oil terminal expansion; Riverkeeper responds

Press Release from Riverkeeper New York
[Editor: This from our contact in Albany: “New York State rescinds the Global expansion NegDec (aka, FONSI) and declares the application incomplete.  Cites air issues, spill response issues, potential “significant adverse impacts on the environment”, and EPA concerns.  Letter from the State attached.”  –  RS]

Riverkeeper Responds to Decision Regarding Albany Oil Terminal Expansion

For Immediate Release: May 21, 2015
Contact: Leah Rae, Riverkeeper
914-478-4501, ext. 238

Riverkeeper applauds the decision by the New York Department of Environmental Conservation regarding the proposed expansion of Global Companies’ rail-to-barge transfer terminal at in Albany, which would facilitate the transport of heavy “tar sands” crude oil. Riverkeeper calls on the state to follow through on what they’ve begun today and promptly issue a “positive declaration” requiring an environmental impact statement.

“It is good for New York State that the DEC came to a proper decision in one of the most important environmental matters facing the state. We look forward to participating with the state on a full public safety and environmental review that is robust and protective of our communities and our waterways.”

The shipment of tar sands crude oil would pose a whole new level of risk to the Hudson River. In the event of a spill, the toxic, sinking crude would mix into the water column and be unrecoverable.

A lawsuit filed by Riverkeeper and other groups in June 2014 challenged the DEC’s decision not to require an environmental impact statement. Riverkeeper had reminded the DEC that state law required an environmental impact statement on the proposal due to the significant environmental and public safety impacts, ranging from air pollutants to the increased risk of fire and explosion in downtown Albany. The DEC’s own Environmental Justice Policy requires that nearby communities be consulted and informed about proposals that may affect them so that those communities can be meaningfully involved in their review.