Tag Archives: explosion

Lynchburg VA Task Force issues 32 draft recommendations on railroad safety

Repost from WSLS 10, Roanoke VA

McAuliffe’s Railroad & Security Task Force presents draft of rail safety proposal

By Margaret Grigsby, Apr 09, 2015 5:18 PM
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.

RICHMOND (WSLS 10) – Governor Terry McAuliffe’s Railroad Safety and Security Task Force presented its recommendations on railroad safety and how to protect lives, property and the environment at a meeting in Richmond Thursday. The task force was created after the Lynchburg train derailment in 2014. Its report is a result of eight months of research and input multiple sources.

In a draft of the group’s report are key findings of its investigation into the current state of rail safety in Virginia as well as recommendations on how to make the tracks safer for people and the environment. The report says Virginia railroads are generally safe, efficient and reliable, however recent derailments involving Bakken crude oil and other flammable liquids is cause for concern.

Included in the recommendations section of the draft were 32 items in the areas of planning, organization, training, information sharing, response, funding and regulatory/legislative. The recommendations covered everything from prioritization of areas where a derailment would have high impact to the purchase and implementation of training equipment and procedures.

Read the full report draft here.

In a statement released by the James River Association on the task force’s report draft, Policy Specialist for the JRA Adrienne Kotula said the recommendations were a “key step forward in addressing the risks posed by transporting crude oil by rail through Virginia.”

Kotula noted what the report lacks is focus on recommendations to prevent accidents through inspections of railways.

The report noted federal studies by the U.S. Department of Transportation conclude rail transport of crude oil and ethanol could result major financial and environmental damages. The report quotes the USDOT’s 2014 research, saying:

The analysis shows that expected damages based on the historical safety record could be $4.5 billion and damages from higher-consequence events could reach $14 billion over a 20-year period in the absence of the rule.

The final recommendations from the task force are set to be issued on April 30, the anniversary of the Lynchburg Bakken crude oil train derailment. The draft is available for public comment through April 19.

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.

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.”

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.