Tag Archives: Federal Regulation (U.S.)

Benicia CA, Benicia City Attorney Heather McLaughlin, Benicia City Council, Benicia Mayor Elizabeth Patterson, Crude By Rail, Environmental review, Federal Regulation (U.S.), Funding for emergency response, Parked trains, Train braking systems, Train speed, Valero Benicia Refinery, Valero Crude By Rail

Benicia CA: City Council adopts letter encouraging rail safety

April 8, 2015 Roger Straw

Repost from The Vallejo Times-Herald
[Editor: UPDATE: On Tuesday, 4/7/15, the Benicia City Council approved sending the League of California Cities letter by unanimous vote. See original documents on the City of Benicia’s website:
– Staff’s Agenda Report
– Mayor Patterson’s draft letter of support (not approved)
– League of Cities letter requesting letters of support & sample letter (sample letter approved)
– RS]

Benicia mayor to request council to send letter encouraging rail safety

By Irma Widjojo, 04/06/15, 7:58 PM PDT

Benicia >> Mayor Elizabeth Patterson on Tuesday night will be asking the rest of the city council to consider sending a letter to the Federal Office of Management and Budget in support of several rail safety recommendations.

Benicia is a member of the League of Cities, which has adopted 10 recommendation as official policy to “increase rail safety in the transport of hazardous materials.”

The recommendations include mandating speed limits and electronically controlled braking systems, increasing the federal funding for training and equipment purchases for first responders, regulating the parking and storage of tank cars and others.

The League Executive Director has requested that cities send letters to the appropriate federal rail safety rule making authority requesting that these measures be implemented, Patterson said.

Patterson — an outspoken advocate of tougher crude-by-rail safety measures — said she has asked the city attorney to “determine whether sending a letter requesting rail safety improvements would in any way create a due process issue for the city,” since Benicia is currently processing the use permit and Environmental Impact Report for the Valero Crude by Rail project.

However, the city attorney determined that there would not be an issue since “the letter does not oppose the Valero project or take any position on adequacy of the environmental review for the project.”

In November, the city attorney released a legal opinion that states that Patterson should not participate in any decision concerning the project because “the appearance of bias” could result in a legal challenge against the city.

However, the mayor, who has hired her own attorney, at that time indicated she doesn’t intend to follow the city’s advice.

The council is set to meet at 7 p.m. Tuesday at City Hall, 250 E. L St. Agendas and staff reports can be found on the City’s website.

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

Swinomish tribe sues to permanently ban Bakken oil trains

April 8, 2015 Roger Straw

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)

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.”

Crude By Rail, Federal Regulation (U.S.), Reid vapor pressure levels, Volatility

Rep. Garamendi and area leaders call for safer crude-by-rail transport

April 8, 2015 Roger Straw

Repost from The Benicia Herald
[Editor: Significant quote: “Garamendi has introduced House Bill 1679 that would prohibit the transport of North Dakota Bakken crude by train unless it has a maximum Reid vapor pressure (RVP) of 9.5 psi.” – RS]

Rep. Garamendi to call for safer crude-by-rail transport

By Donna Beth Weilenman, April 7, 2015

U.S. Rep. John Garamendi, D-Fairfield, will join industry leaders in Davis on Wednesday in calling for the U.S. Department of Transportation to make rail delivery of crude oil safer.

“Crude oil is or has until very recently been transported by rail through several cities in Congressman Garamendi’s 3rd Congressional District, including Davis, Dixon, Fairfield, Suisun City and Marysville,” said his media specialists, Donald Lathbury and Matthew Kravitz, in a joint statement on the news conference.

“These routes are very close to residential communities, schools, parks, and businesses.”

Among those joining Garamendi will be Sarah Feinberg, acting administrator for the Federal Railroad Administration, and Paul W. King, deputy director of the Office of Rail Safety at the Safety and Enforcement Division of the California Public Utilities Commission.

Municipal and other leaders also are expected to attend, including Davis Mayor Dan Wolk, Marysville Mayor Ricky Samayoa, Yolo County Supervisor Don Saylor and Solano County Supervisor Skip Thomson.

Also expected to attend are Terry Bassett, Yolo County Transportation District executive director; Dana Carey, Yolo County office of Emergency Services manager; and Terry Schmidtbauer, assistant director of Resource Management in the Solano County Office of Emergency Services.

Garamendi has introduced House Bill 1679 that would prohibit the transport of North Dakota Bakken crude by train unless it has a maximum Reid vapor pressure (RVP) of 9.5 psi.

He said this is the maximum volatility permitted by the New York Mercantile Exchange (NYMEX) for crude oil futures contracts.

By comparison, he said, a recent literature review by Sandia Labs indicates that the North Dakota Petroleum Council’s study of 152 Bakken crude samples found an average RVP of 11.7 psi and a max of 14.4 psi. A rule going into effect in North Dakota this month sets the limit at 13.7 psi.

Garamendi and Congresswoman Doris Matsui, D-Sacramento, sent a letter March 3 to the Department of Transportation in which they suggested strengthening safety improvements and asked DOT to drop any plans for weakening regulations.

Instead, they called for stronger safety standards for crude-by-rail transportation.

“Families living near oil-by-rail shipping lines are rightfully concerned about the safety of the trains that pass through their communities,” Garamendi said. “For that reason, I have repeatedly called on the Department of Transportation to use all the tools at their disposal to ensure that these shipments are as safe and secure as possible.

“Every day that strong and effective rules are delayed is another day that millions of Americans, including many in my district, are put at greater risk.”

Garamendi’s announcement will be made at 11:30 a.m. Wednesday next to the Davis Train Depot, near the corner of Second and H streets, Davis.

Crude By Rail, DOT-111, Ethanol, Federal Regulation (U.S.), National Transportation Safety Board, Oil Industry, Tank car retirement, Tank car retrofit

NTSB: Equip oil trains with fire protection within 5 years

April 6, 2015 Roger Straw

Repost from McClatchyDC
[Editor: Bloomberg adds coverage of NTSB comments on the inadequacies of the CPC-1232 tank cars. – RS]

NTSB: Equip oil trains with fire protection within 5 years

By Curtis Tate, McClatchy Washington Bureau, April 6, 2015

US NEWS RAILSAFETY-CA 2 SA — A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands on Wednesday, March 19, 2014. (Randall Benton/Sacramento Bee/MCT)

The National Transportation Safety Board on Monday called for the nation’s fleet of railroad tank cars hauling crude oil and ethanol to be equipped with fire protection within five years in an effort to eliminate the large explosions associated with recent accidents.

The NTSB cited the performance of tank cars in four recent oil train derailments, two in the U.S. and two in Canada, where fire exposure weakened the bare steel tanks and increased the pressure inside the cars beyond what they were designed to sustain.

The agency called on the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to require tank cars carrying oil and ethanol to be equipped with a ceramic blanket and high-capacity pressure-relief devices.

The NTSB also for the first time endorsed a five-year timeline for retrofitting or replacing the tank cars, including the goal that 20 percent of the fleet be made compliant per year. Industry groups representing oil producers and refiners have pushed for a 10-year timeline.

“We can’t wait a decade for safer rail cars,” NTSB Chairman Christopher Hart said in a statement. “The industry needs to make this issue a priority and expedite the safety enhancements, otherwise, we continue to put our communities at risk.”

In January, the NTSB added tank cars to its “ Most Wanted” list of safety improvements. But at the time, Hart wouldn’t say what the NTSB considered an appropriate timeline for making the fixes.

The independent board, which has only advisory power, has been recommending upgrades to the nation’s workhorse tank car, called the DOT-111, for more than 20 years.

The car’s design became an issue after railroads across North America began hauling exponentially larger volumes of crude oil and ethanol. An oil train derailment that killed 47 people in Quebec in July 2013 galvanized a new effort on both sides of the border to improve the cars.

In February, the Transportation Department sent a package of proposed regulations to the White House Office of Management and Budget for review. They include requirements for thermal protection on the tank cars and are similar to a tank car design the Canadian government proposed last month. The final rule is scheduled for publication next month.

In the meantime, four trains carrying different types of crude oil derailed in the span of four weeks. The derailments, two in Ontario, and one each in West Virginia and Illinois, led to spills, fires and evacuations.

Oil industry groups have called for more attention to preventing derailments and less emphasis on the cars and what’s in them. But the tank car improvements have widespread support from lawmakers, regulators, mayors and governors, the rail industry and the NTSB.

In statements Monday, Sen. Ron Wyden and Rep. Peter DeFazio, both Oregon Democrats, praised the NTSB’s recommendations.

“I am very happy to see that they recommended thermal protection for cars carrying hazardous materials, an aggressive retrofit or replacement schedule, and a transparent, publicly available reporting mechanism to report tank car replacement,” DeFazio said.

“It is my hope that the next step from the administration will be a strong DOT rule that will get these cars upgraded quickly, or get them off the tracks completely,” Wyden said.

The railroad industry’s leading advocacy group in Washington echoed those calls.

“The freight rail industry supports an aggressive retrofit or replacement program and believes final regulations on new tank car standards will provide certainty and chart a new course in the safer movement of crude oil by rail,” said Ed Greenberg, a spokesman for the Association of American Railroads, in a statement.