Tag Archives: Federal Regulation (U.S.)

Valero Benicia environmental report delayed again – not likely to withstand further scrutiny

By Roger Straw, Editor, The Benicia Independent

Valero Benicia Crude By Rail environmental report delayed for review of new federal regulations

Valero_Crude_by_Rail-Project_Description_March_2013_(cover_page)The City of Benicia issued an announcement on May 21, 2015 delaying its release of a revised draft environmental impact report on Valero Benicia Refinery’s proposal to construct an offloading facility for delivery of crude by rail.

With this delay, The City will now have spent more than two and a half years processing Valero’s proposal and responding to the objections of concerned residents, experts and nearby officials.

Valero’s application for a use permit came to City staff in December, 2012.  In May of 2013, Benicia’s Community Development Director issued a Notice of Intent and a Mitigated Negative Declaration, concluding that the proposal with mitigations was so benign as to not even need environmental review.

Following outcries and organized opposition, the City commenced a full environmental review in August, 2013.  The Draft EIR was released after several delays in June, 2014.   That review received an avalanche of critiques, including expert local analyses, professional review and letters from residents and area governing bodies and a highly critical letter from the California Attorney General.

After yet another lengthy delay, the City announced in February 2015 that, in response to the magnitude of public criticisms, project consultants would revise the DEIR and release it by June 30, 2015 for recirculation and another 45-day public comment period.

According to the City of Benicia’s Thursday announcement, the new 2-month delay (until August 31, 2015) will give consultants “time to include additional analysis of the new regulations announced on May 1, 2015 by the Department of Transportation to strengthen safe transportation of flammable liquids by rail.”

The City consultant’s analysis, seemingly favoring Valero’s proposal from the outset, will likely make the case that new federal safety standards strengthen environmental protections for this project and improve Valero’s chances for landing a use permit.  This analysis, of course, will come under heavy fire due to the inadequacy of the new federal rules, and likely will not withstand the scrutiny of Benicia citizens, officials and regional authorities and stakeholders.

All along, leaders of Benicians For a Safe and Healthy Community (BSHC) have stressed that Valero’s proposal is fatally flawed as shown in a list of significant DEIR failures, including the longstanding lack of adequate federal safety regulations governing rail transport of high hazard flammable liquids (see especially Section 2, #3, pp. 13-15).

More recently, BSHC has joined a chorus of national and international environmentalists and elected officials who are dismissive of the new (May 1) rules issued by the Department of Transportation.  (See NYTimes article.)  The new rules fail to adequately govern oil train routing, speed, braking systems and public notification, and leave entirely too many years for retirement and retrofitting of unsafe tank cars and the design and manufacture of tank cars to newer, safer standards.

BSHC and others have called for an immediate moratorium on all shipment of crude oil by rail, and a speedy transition to clean and renewable energy sources that will “leave the oil in the soil.”

The City’s announcement:

“The anticipated release of the Recirculated Draft Environmental Impact Report (RDEIR) on the Valero Crude by Rail project has been postponed to August 31, 2015.  The delay will provide the City with the necessary time to include additional analysis of the new regulations announced on May 1, 2015 by the Department of Transportation to strengthen safe transportation of flammable liquids by rail. The RDEIR will have a 45-day comment period, beginning August 31, 2015, which will include public hearings where the community may comment on the RDEIR. After the comment period closes, the City will complete the Final EIR which will include responses to all comments on the original Draft EIR and the RDEIR. The Final EIR and the project will then be discussed at subsequent public hearings.”

Riverkeeper sues U.S. DOT over oil train safety rules

Repost from The Times Union, State College, PA
[Editor: Note that this is a new filing, closely following the filing of May 14 by a coalition of environmental groups.  – RS]

Riverkeeper sues U.S. DOT over oil train safety rules

By Brian Nearing, May 18, 2015

The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.

The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.

The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.

“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”

Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.

Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.

Here are some of the ways the new safety standards fail to protect people and the environment:

• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.

• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.

• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.

• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.

• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.

NYU Institute for Policy Integrity: New oil train safety rules spell delay, leaving citizens at risk

Repost from The Hill

New oil train safety rules spell delay, leaving citizens at risk

By Jayni Hein, contributor, May 18, 2015, 10:00 am

Chicago, Philadelphia and Sacramento, Calif.: These are just a few of the cities within the “blast zones” of mile-long trains carrying flammable crude oil across the country. Twenty-five million Americans live in these vulnerable areas; yet it will be years until dangerous tank cars are retrofitted or retired from the rails, based on the U.S. Department of Transportation’s new safety standards.

The standards, released on May 1, cover railcars that carry the nation’s growing supply of volatile crude oil produced in the Bakken region of the northern United States and the Canadian tar sands. While the new rules mark incremental progress, they give residents little reason to rest easy. And more implementation delays could be coming — the American Petroleum Institute filed a petition in federal court on Monday challenging the new rules, and other legal challenges may be on the horizon.

When it comes to oil train derailments, it’s no longer a question of “if,” but “when.” Driven by growth in the production of oil in the U.S. and Canada, there has been a staggering increase in rail transportation of crude oil over the past five years, with a corresponding spike in the number of accidents — many causing explosions, oil spills and fatalities. The latest incident happened earlier this month, when a train carrying Bakken crude oil derailed and caught fire in central North Dakota, forcing the evacuation of a small town.

In 2008, only 9,500 tank car loads of crude were transported by rail in the United States. By 2013, that number rose to 400,000. In 2013, more oil spilled from U.S. trains than in the previous four decades combined. In addition to putting citizens directly at risk, these trains pass over important sources of drinking water — such as the Sacramento River in drought-stricken California — and share track with commuter rail in many urban areas, including Philadelphia.

The Department of Transportation initiated a rule-making last year to update railcar design standards, speed limits and routing requirements for trains carrying 20 carloads or more of flammable crude oil. The agency’s final rule maintains some of the positive aspects of its proposed rule: new electronically controlled pneumatic brake requirements, lower speed limits for older tank cars moving through “high-threat urban areas,” and new routing analysis requirements.

But, in other ways, the final rule represents a step backwards from the Department of Transportation’s initial proposal. And more fundamentally, the rule puts a Band-Aid on a chronic condition caused by booming fossil fuel production, ongoing reliance on oil and aging transportation infrastructure.

First, the final rule exempts many trains that would have been made safer under the initial proposal. Originally, any train carrying 20 or more cars with flammable oil or ethanol was defined as a “high-hazard flammable train” subject to these standards. The final rule applies only to trains carrying at least 35 tank cars of flammable oil or ethanol, or 20 cars of flammable liquid in a continuous block. This final definition, then, encompasses fewer trains.

Second, the rule suffers from a lengthy, five- to eight-year retrofit or phaseout of DOT-111 and CPC-1232 railcars that have been known to puncture upon derailment for many years. These are the same cars that were involved in the Lac Mégantic, Quebec tragedy in July 2013 that killed 47 people and in the five major accidents in 2015 (thus far) in West Virginia, Illinois, North Dakota and two locations in Ontario. The protracted phaseout means many additional years of dangerous tank cars sharing track with commuter rail, traveling through dense population centers, and crossing water bodies and other sensitive environmental habitats. The delay is especially striking, as National Transportation Safety Board reports dating back to 1991 detail the high failure and puncture rates of DOT-111 tank cars. However, the agency determined that a quicker phaseout of DOT-111 cars would cause negative effects by temporarily shifting oil transportation from rail to trucks, increasing hazardous air pollution and traffic-related fatalities.

Finally, while the rule imposes 40-mph speed limits for non-retrofitted trains traveling through “high threat urban areas,” only a few dozen cities around the nation have been so designated, leaving many towns, cities and drinking-water sources highly vulnerable.

In the next year, the Department of Transportation should prioritize additional measures, like increasing railcar and track inspections, lowering speed limits in additional urban areas, sharing risk reduction “best practices” among the railroads and potentially tightening design standards for retrofitted cars to align with the standards for new cars.

The department should also coordinate closely with the states to modernize communication systems, improve spill prevention and response planning, ensure that states are empowered to train and fund additional rail inspectors, and collaborate to identify high-priority infrastructure needs, such as bridge and track improvements.

Ideally, these safety improvements should be made as part of an “all of the above” strategy to reduce our reliance on fossil fuels while ensuring that domestic production and transportation are as safe as possible in the near-term. The new rail safety rules are a necessary first step on what looks to be a long, uncertain journey.

Hein is the policy director at the Institute for Policy Integrity, focusing on climate change, energy and transportation issues.

After Passenger Train Derailment in Philadelphia Kills At Least 7, Attention Turns to Oil-by-Rail Hazards

Repost from DeSmogBlog
[Editor:  As of Thursday evening 5/14, the death toll was increased to eight.  – RS]

After Passenger Train Derailment in Philadelphia Kills At Least 7, Attention Turns to Oil-by-Rail Hazards

This morning, investigators continue to search for missing Amtrak passengers, possibly thrown from a major train derailment and wreck in northeast Philadelphia Tuesday night. Already the casualty toll is one of the worst in recent memory, with at least seven people dead and over 200 injured after Amtrak’s Northeast Regional Train No. 188, carrying 258 passengers, derailed.

“I’ve never seen anything so devastating,” Philadelphia Fire Department Deputy Commissioner Jesse Wilson told NBC News yesterday.

For some of those living nearby, the Amtrak collision was also a grim reminder of another – even more dangerous – hazard on the rails.

“I feel lucky that wasn’t an oil train last night,” Joseph Godfrey, a retiree who lives two blocks from the crash site, told CNBC.

Between 45 and 80 oil trains – each a chain of tankers that can stretch over a mile long – roll through Philadelphia’s densely populated neighborhoods every week, mostly heading to a South Philadelphia refinery that is the nation’s biggest single consumer of the notoriously explosive crude oil from North Dakota’s Bakken shale. More than 400,000 Philadelphians, and an additional 300,000 in neighboring suburbs, live within a half-mile of tracks traveled by oil trains – and a half-mile represents the evacuation zone for an oil train derailment, according to federal regulators.

Alll told, over 25 million Americans nationwide live within a half-mile of oil train tracks, one 2014 analysis found.

Locals say that tanker cars carrying oil traverse the section of tracks where the Amtrak wreck occurred daily. The Amtrak train was travelling along the Northeast Corridor, where passenger trains often share the same rails as oil trains. At the site of the derailment, oil trains run on tracks parallel to Amtrak’s rails – and in fact, the Amtrak train may have come perilously close to striking oil tankers.

Photos from the time of the accident posted on Twitter appear to show the Amtrak train came within feet of tanker cars that were stopped on tracks parallel to the passenger rails.

“It missed that parked tanker by maybe 50 yards,” Scott Lauman, who lives near the wreck site, told CBS. “An Amtrak guy came by and he was telling me it turns out those tankers are full, and if that engine would’ve hit that tanker, it would’ve set off an explosion like no other.”

Robert Sumwalt, an official representing the National Transportation Safety Board, told reporters at a Wednesday press conference the agency was told the tankers were not completely full, but did not say whether that meant they carried no crude oil or whether they were only partially full. He added that he had not verified independently how full the cars were.

The issue drew the attention of the state’s top executive, as he visited the derailment site yesterday. Pennsylvania’s Governor Tom Wolf called the nearby tanker cars “a cause of additional concern.”

And oil train activists say that the Amtrak crash could potentially have been avoided if federal regulations requiring automated speed controls had gone into effect earlier – but instead, the federal government has allowed train companies to delay installing those controls.

Just one day after Tuesday’s wreck, the American Petroleum Institute filed a lawsuit challenging new federal safety standards for oil trains.

Although investigators are still combing through the wreckage looking for a full explanation of the cause of the wreck, speed seems to have been a major factor in the disaster. According to the National Transportation Safety Board, the Amtrak train that derailed was going 106 miles per hour, twice the speed limit, as it made its way around a curve that was the site of one of the deadliest railway accidents in U.S. history, a September 6, 1943 passenger train crash that killed 79 and injured 117.

The Amtrak train was equipped with Positive Train Control (PTC) equipment, that would use GPS data to automatically slow trains going over federal speed limits, but the section of track where the derailment occurred had not yet been upgraded to allow the PTC technology to work.

“A faster pace to implement federal rules requiring Positive Train Control systems on Class 1 tracks with commuter trains and high volumes of freight might have made the difference in this accident,” Matt Krogh, director of the Extreme Oil Campaign at ForestEthics, told DeSmog.

Already in Philadelphia, where a refinery surrounded by residential neighborhoods is the nation’s top destination for notoriously explosive Bakken crude, oil trains have derailed twice since January 2014. In one incident, cars filled with oil derailed on a bridge and dangled over the Schuylkill river and prompted the shutdown of a nearby expressway.

“The rapid rise of oil trains in Philadelphia and nationally parallels the rise in accidents and near misses,” Mr. Krogh told DeSmog.

“So far we’ve been lucky, but it’s just a matter of time until a major derailment happens in an urban center like Philadelphia.”

Flying Manhole Covers, Toxic Clouds

Suppose the Amtrak train that derailed had carried flammable material instead of passengers, and that flammable material ignited. An oil train explosion involves a series of escalating disasters, each posing unique dangers, particularly in urban environments.

According to the U.S. Department of Transportation, the potential impact zone of an oil train explosion includes a one mile radius around the blast site.

Around 47,000 people live within a one-mile radius of Amtrak 188’s derailment, according to five-year estimates from the 2013 American Communities Survey.

A few blocks to the northwest is Holy Innocents Area Catholic Elementary School, which reports an enrollment of 287. A few blocks further north and toward Frankford Ave. is St. Mark’s Episcopal Church.

Map Credit: Jack Grauer, Spirit News

Let’s say there was [hazardous material] in those rail cars,” Jim Blaze, an economist and railroad consultant told NPR.   “If the cars cracked open, it could have been an explosive force and caused a chain reaction. What would the casualty rate have been as a result? Could you imagine evacuating 750,000 people? What’s that going to cost? What’s the lost business revenue?”

The recent string of oil train derailments and fires – the Feb. 17 derailment in West Virginia , the March 9 derailment in Gogama, Ontario, the May 6 derailment in the 20-person town of Heimdal North Dakota – have occurred in rural areas, away not only from dense population centers but also from the infrastructure that undergirds cities and towns.

Because of the labyrinth of sewer systems and underground utility tunnels – not to mention other industrial sites – oil train explosions in a major US city would pose unique hazards. First responders would likely contend with a broad array of surprising dangers.

For example, in the 2013 oil train explosion in the Canadian town of Lac-Megantic, population 2,000, hazards were not limited to the fireball. Hundreds of thousands of gallons of Bakken crude oil – described not like the tar balls that washed onshore following the Deepwater Horizon disaster in the Gulf of Mexico, but as slightly less watery than vegetable oil – spilled through the streets and down into sewers.

Explosions from the fumes that built up in those tunnels blew manholes over 30 feet into the air, investigators found. Burning oil melted streetlamps, flowed into rivers and lakes, and soaked deep into the ground after it poured from the train.

Toxic clouds from the fumes also kept first responders at bay, limiting their ability to approach the wreck initially and then also keeping them from areas close to the crash site for days.

And then there’s the train car explosion itself – not only involving the burning of the 30,000 gallons of oil carried in each DOT-111 tanker car, but also what fire engineers call a BLEVE, standing for a Boiling Liquid Expanding Vapor Explosion. As liquids in a metal tank boil, gasses build up, pressurizing the tank even despite relief valves designed to vent fumes. Tanks finally explode, throwing shrapnel great distances, and spitting out burning liquids that can start secondary blazes.

In the Lac Megantic disaster, 30 buildings were leveled by the blast, and officials said they believed some of the missing could have been vaporized in the explosions and fires. Hospital officials reported that emergency rooms were eerily empty following the blast. “You have to understand: there are no wounded,” one Red Cross volunteer told the local press at the time. “They’re all dead.”

In light of these hazards and many others – the risk of a domino-like series of subsequent disasters and spills if an explosion occurred in an industrial area – emergency planners often focus on evacuation.

Philadelphia’s emergency response plans in the event of a derailment and explosion have not been made public, local activist groups complain, prompting fears that the plans may not be sufficiently detailed.

‘No Traffic Cops’

Meanwhile, an increasing amount of oil is moving by train through one of America’s largest cities, as Philadelphia Energy Solutions purchased an old Sunoco refinery – first established in 1866, long before regulations made it nearly impossible to build new refineries in urban centers – and added the East Coast’s largest railcar unloading facility.

“We’re now the single largest buyer of crude from the Bakken in North Dakota,” Philip Rinaldi, the refinery’s chief executive, told a Drexel University conference last December. “We bring in nearly six miles of train a day for unloading at our facility.”

Unlike passenger trains, heavy axel trains like oil trains can cause rails to flex ever so slightly – prompting concerns that rails used by both oil trains and passenger trails could be at greater risk of broken welds or rails.

And damaged welds and rails are the number one cause of train derailments nationwide, Federal Railroad Administration data shows, responsible for rought 40 percent of overall derailments. This means that the sharp increase in oil train traffic could make it more likely that passenger trains using the same rails could crash.

Oil trains travel on parallel rails on the section of track where Amtrak 188 crashed – but over Amtrak’s entire Northeast Corridor, the nation’s most heavily traveled passenger railways, oil trains at times travel on the same rails as passenger trains.

With risks like these in mind, Philadelphia’s railroad unions called for tougher rules in April.

“The industry arrogantly claims they cannot afford to maintain the tracks to a higher safety standard,” Freddie N. Simpson, president of the Maintenance of Way Brotherhood, which represents workers who inspect and maintain railroads, told the Philadelphia Inquirer. “My question to the nation is, Can we afford for them not to?”

Trains are generally required to run at slower speeds on tracks that are less frequently inspected.

But oil train activists point out that speed limit enforcement is left up to railroad companies themselves, meaning that there is no available data on how often trains exceed speed limits.

“There’s no tracking or recording,” Mr. Krogh told DeSmog, “there are no traffic cops on the rails.”

Public officials say that efforts to regulate oil trains locally to prevent explosions are hamstrung by the fact that train regulation up to the federal government. Philadelphia City Council passed a resolution in March urging the federal government to enact new rules – but can do little otherwise, local politicians say.

“It is very frustrating, because on a local level we have very limited powers to regulate the railways,”City Councilman Kenyatta Johnson told the Philadelphia Inquirer in February. “The federal government needs to step up. The Department of Transportation needs to do more to hold these railroads more accountable.”

Photo Credit: Joshua Albert, Spirit News