Tag Archives: Federal Regulation (U.S.)

National Public Radio: Fiery Oil-Train Derailments Prompt Calls For Less Flammable Oil

Repost from National Public Radio
[Editor: An excellent overview of efforts to regulate the volatility of Bakken Crude.  Audio appears first below, followed by text version.  Significant quote: “Energy economist Philip Verleger, says the resistance is about money. ‘The industry never wants to take steps which increase the cost of production, even if it’s in the best interests of everybody,’ he says. Verleger says the opposition to proposed safety rules is short-sighted, and that the industry could actually hurt itself if there’s another serious incident. ‘I think the movement of crude oil by rail is one accident away from being terminated,’ Verleger says.”  – RS]

Fiery Oil-Train Derailments Prompt Calls For Less Flammable Oil

A fireball goes up at the site of an oil train derailment in Casselton, N.D., in this Dec. 30 photo. The fiery crash left an ominous cloud over the town and led some residents to evacuate.
A fireball goes up at the site of an oil train derailment in Casselton, N.D., in this Dec. 30 photo. The fiery crash left an ominous cloud over the town and led some residents to evacuate. Bruce Crummy/AP

Once a day, a train carrying crude oil from North Dakota’s Bakken oil fields rumbles through Bismarck, N.D., just a stone’s throw from a downtown park.

The Bakken fields produce more than 1 million barrels of oil a day, making the state the nation’s second-largest oil producer after Texas. But a dearth of pipelines means that most of that oil leaves the state by train — trains that run next to homes and through downtowns.

After several fiery accidents, oil companies are under pressure to make their oil less explosive before loading it onto rail cars. But oil companies say rules requiring those modifications will create more problems than they solve.

The trains passing through Bismarck worry Lynn Wolff, an activist with the environmental group Dakota Resource Council. “Last December we got the wake-up call,” he says. “That was the explosion and derailment of an oil train in Casselton, N.D.”

Wolff is referring to a crash in farmland just outside the small town of Casselton. No one was hurt, but the crash could have been deadly had it happened in town.

This summer, Bismarck officials ran through a simulated oil train derailment, with responders operating on the assumption that some of the town’s buildings would be devastated or destroyed, says Gary Stockert, Bismarck’s emergency manager. “We exercised with the assumption that we had over 60 or 70 casualties.”

Around the country, other cities and towns with oil train traffic are preparing for similar disasters.

In neighboring Minnesota, Gov. Mark Dayton “is concerned primarily about the safety of people along oil train routes, and in particular about the fact that this is a very volatile oil,” says Dave Christianson, an official with the Minnesota Department of Transportation.

Dayton has joined activists in asking North Dakota to force oil companies to “stabilize” the oil — to make it less explosive by separating out the flammable liquids.

Last month, North Dakota Gov. Jack Dalrymple convened a public hearing on the idea. Keith Lilie, an operations and maintenance manager for Statoil, which has a big presence in the Bakken, testified in front of a room full of oilmen in suits and cowboy boots who came to the hearing from places like Oklahoma City and Houston.

Lilie said he opposes having to build expensive tanks to heat the oil and separate out flammable liquids, like butane.

“Statoil believes the current conditioning of crude oil is sufficient for safely transporting Bakken crude oil by truck, rail and pipeline,” he said.

Eric Bayes, general manager of Oasis Petroleum’s operations in the Bakken, also testified. He asked what companies are supposed to do with those explosive liquids once they’re separated from the oil.

The stabilization process, he says, would “create another product stream you have no infrastructure in place for.”

But energy economist Philip Verleger, says the resistance is about money. “The industry never wants to take steps which increase the cost of production, even if it’s in the best interests of everybody,” he says.

Verleger says the opposition to proposed safety rules is short-sighted, and that the industry could actually hurt itself if there’s another serious incident. “I think the movement of crude oil by rail is one accident away from being terminated,” Verleger says.

Activist Lynn Wolff supports new rules that would make the oil less explosive, and says such regulation would protect people beyond North Dakota. “These bomb trains have been in Virginia and Alabama and blown up there as well,” he says.

Federal officials in Washington are also considering ways to make oil trains safer, such as strengthening tank cars.

As for making the oil leaving the Bakken less flammable, officials in North Dakota say they’ll make a decision by the end of the year.

This story was reported with Inside Energy, a public media collaboration focusing on America’s energy issues.

Vallejo Times-Herald: Railroads sue California over oil train safety rules

Repost from The Vallejo Times-Herald

Railroads sue California over oil train safety rules

Union Pacific, BNSF Railway argue federal law pre-empts state regulations
By Tony Burchyns, October 9, 2014

California’s two major railroad companies filed a lawsuit this week to argue that the state lacks authority to impose its own safety requirements on federally regulated crude oil train traffic.

The lawsuit follows a new state law imposing regulations on the transportation of crude oil by rail in California. Union Pacific and BNSF Railway filed the case Tuesday in U.S. District Court in Sacramento to argue that federal law pre-empts California and other states from enforcing such regulatory regimes.

“The new state law requires railroads to take a broad range of steps to prevent and respond to oil spills, on top of their myriad federal obligations concerning precisely the same subject matter,” the railroads argue. “UP, BNSF and other members of (the American Association of Railroads) will be barred from operating within California unless a California regulator approves oil spill prevention and response plans that they will have to create, pursuant to a panoply of California-specific requirements.”

The railroads also will be required to obtain a “certificate of financial responsibility” from the state, indicating they are able to cover damages resulting from an oil spill. Failure to comply with the new state rules will expose railroad employees to jail time and fines, according to the lawsuit.

The California Office of Spill Prevention and Response, which was named as a defendant in the lawsuit, has declined to comment on the pending litigation.

The state law was passed in June following a sharp rise in crude-by-rail shipments in California from 2012 to 2013 and several high-profile oil train derailments in other states as well as Canada. In the Bay Area, crude-by-rail projects in Benicia, Richmond, Pittsburg, Martinez and Stockton have drawn local attention to the prospect of mile-long oil trains snaking through neighborhoods, mountain passes and sensitive habitats such as the Suisun Marsh.

Last week, California Attorney General Kamala Harris sent a letter to Benicia challenging plans to ship 70,000 barrels of crude daily by train to the city’s Valero refinery. Valero is seeking city approval to build a rail terminal to receive two 50-car oil trains daily from Roseville. The train shipments would originate in North Dakota or possibly Canada.

Harris, the state’s top law enforcement officer, criticized the city for underestimating the project’s safety and environmental risks. The letter was among hundreds received by the city in response to its initial environmental impact report. City officials say they are in the process of responding to all of the comments, and plan to do so before the project’s next, yet-to-be-scheduled public hearing is held.

California bridge inspectors getting started – will visit only 30 of 5,000 bridges in 2015

Repost from The Sacramento Bee

Editorial: California makes progress on train safety by inspecting railroad bridges

By the Editorial Board, Oct. 9, 2014
GOF35G208.3MBR
Emergency responders learn about the different types of railroad tank cars in a safety class last week at a CSX yard in Richmond, Va. CSX uses its “safety train” to train first responders in communities where it hauls large volumes of crude oil. Curtis Tate / McClatchy-Tribune

It’s encouraging that important steps are being taken to make sure oil trains rumbling through California don’t derail, but the job isn’t nearly done yet.

For the first time, the California Public Utilities Commission plans to check behind safety inspections by private railroad companies of rail bridges across the state, focusing on those traversed by trains carrying crude oil.

The commission is deploying two new bridge inspectors – among seven new rail inspectors hired with money allocated by Gov. Jerry Brown and the Legislature in response to rising concerns about more oil trains in California. The two inspectors will likely work as a team, visiting four bridges a week. They won’t be doing full inspections, but rather reviewing that the railroads’ safety checks are in proper order.

At that rate, it would take 50 years to check all 5,000 rail bridges, as The Sacramento Bee’s Tony Bizjak reported this week. That obviously isn’t fast enough.

So the commission is compiling a priority list of the first 30 bridges for visits in 2015. Here are two possible ones that should be strongly considered: the heavily used, 103-year-old I Street Bridge in downtown Sacramento and the Clear Creek Trestle in Feather River Canyon. Both are expected to be on primary routes for oil trains.

It’s also significant that state and local officials are pushing for a more complete risk assessment of Valero’s proposal to run oil trains through Northern California to its Benicia refinery.

Late last month, the utilities commission and the state Office of Spill Prevention and Response joined the Sacramento Area Council of Governments and the cities of Davis and Sacramento in raising concerns that the city of Benicia’s draft environmental impact report underestimated the potential of explosion and fire from two 50-car trains going daily through Roseville, Sacramento, West Sacramento, Davis and other cities. Attorney General Kamala Harris has jumped on the bandwagon, too.

For one thing, state officials say they want more detail on how Benicia officials came up with a projection that a train derailment would spill 100 gallons or more of oil only once every 111 years along the 69 miles of track between Roseville and Benicia.

At the same time, California’s two U.S. senators are pressing federal transportation officials to expand their requirements for railroads to notify first responders of oil shipments. The U.S. Department of Transportation’s emergency order, issued in May, covers only shipments of at least 1 million gallons (about 35 rail cars) of crude from the Bakken oil field in North Dakota.

Sens. Barbara Boxer and Dianne Feinstein say that notification ought to be required for any quantity of Bakken, or any kind of crude oil or other flammable liquid, for that matter.

They’re right. If safety is the goal, there’s no logical reason that smaller shipments and other kinds of crude aren’t covered. The notification mandate is among proposed rules on oil trains that federal officials plan to impose by year’s end. They also include phasing out older rail cars, lower speed limits and more comprehensive response plans for spills.

Those federal regulations will become even more crucial if California’s two major railroad companies – BNSF and Union Pacific – win their federal lawsuit filed Tuesday that challenges a new state law requiring them to come up with oil spill prevention and response plans. The companies argue that federal law prevents states from imposing such safety rules.

This is often how important safety improvements get made – step by step, at different levels of government, with advocates having to keep pushing for stronger protections against industry resistance. Everyone involved should have one priority – putting public safety first and foremost.

FOX40 News: Crude Oil Rail Meeting Sparks Questions in Fairfield

Repost from FOX40 NEWS Sacramento, Stockton, Modesto
[Editor – The 2 minute video is MUCH better than the online text below.  Two excellent on camera comments by Antonia Juhasz.  Significant closing statement by Fox40 reporter Ben Deci, “The process in Benicia is moving along pretty quickly.  Valero says it expects to be in front of that [Benicia] City Council before the end of the year.”   (…apologies for the video advertisement.)  – RS]

Crude Oil Rail Meeting Sparks Questions in Fairfield

September 29, 2014, by Ben Deci

FAIRFIELD – Oil is coming out of Middle America and needs to get to refineries somehow. Lots more of it, orders of magnitude more, is moving by rail.

But that means more accidents.

“In 2013 alone, we had more crude oil spills by rail than in every year since 1975 combined — 1.1 million gallons. But thus far in 2014 we’ve already surpassed that,” said Antonia Juhasz, an author and investigative reporter sitting on a panel about oil transport through Solano County.

If Valero gets plans approved for a new refinery complex in Benicia, a lot more oil will be loaded on trains, coming this way.

“Our business is dealing with flammable liquids. We deal with it every day. I’m confident in our preparations,” said Chris Howe, with Valero in Benicia.

For those gathered at today meeting in Solano county who don’t want the crude rolling through their backyards, it’s not clear how much choice they have.

“Freight railroads in the United States are actually required to accept any commodity that is delivered to us by our customers, so long as it’s packaged according to U.S. Department of Transportation regulations,” said Liisa Stark, spokesperson for Union Pacific.

The federal government right now is considering stricter standards for the kinds of train cars the crude can be transported in.

But can the wheels of government keep pace with the wheels on the rail?

“It must. If it’s not going to happen at the federal level, it has to happen at the state level. If it’s not going to happen at the state level it has to happen at the community level. There are communities all across the country that are banning crude by rail,” Juhasz said.