Tag Archives: Federal Regulation (U.S.)

Bakken Crude, Crude By Rail, DOT-111, Federal Regulation (U.S.), Lake Champlain, Massive increase in crude-by-rail

Lake Champlain activists host oil train forum, feds in attendance

Repost from VTDigger.org

Oil train forum attendees want state, federal regulators to ban leaky tankers and assess new risks

News Release — Lake Champlain Committee, Sep. 2, 2014

 PLATTSBURGH, N.Y. – More than 120 concerned residents attended a public forum to discuss the risks of crude oil train traffic through the Adirondack Park and Champlain Valley here Thursday night, with many saying they would urge state officials to fully assess the risks to communities and the environment, and urge federal regulators to ban the older, leak-prone rail tanker cars involved in recent spills, fires and explosions.

Currently, more than three million gallons per day of Bakken crude oil is transported through the region on rail lines that had rarely carried crude oil or hazardous materials before.

“We were very pleased with the number of people who came out to discuss the risks of oil train traffic through the Adirondack Park and Champlain Valley,” said Diane Fish, Deputy Director of the Adirondack Council. “But even if you couldn’t attend, we urge anyone who is concerned about oil train traffic to contact state and federal officials and let them know. If you aren’t sure how to do that, contact one of the sponsor organizations and we will help you.”

The NYS Department of Environmental Conservation (NYS DEC) will be accepting comments through September 30 on its environmental assessment of the plan by Global Partners to expand its oil-transfer facilities at the Port of Albany. Federal officials are currently updating their risk assessments for the rail tanker car traffic.

“If the Global Partners’ expansion is approved, it could lead to a major increase in oil train traffic through the Champlain Valley,” said Lori Fisher, Executive Director of the Lake Champlain Committee. “The new traffic would be carrying tar sands oil from Canada, in addition to the Bakken crude oil already coming from North Dakota, and put our communities and waterways at even greater risk.”

“Tar sands oil is not as explosive as Bakken crude, but it is very heavy and sinks in water so it is very difficult to clean up once it is spilled,” said Adirondack Mountain Club Executive Director Neil Woodworth. “If it gets into Lake Champlain, it is likely we will never get it out again.”

“We know the Adirondack Park is home to some of New York’s rarest and most sensitive wildlife, fish and plant life; and, we know trains derail,” said Mollie Matteson, a biologist at the Center for Biological Diversity. “Immediate action is needed to protect this fragile, irreplaceable environment.”

The organizations said NYS DEC should take into consideration potential for damage to Lake Champlain, the Adirondack Park, the communities through which the tracks pass and local farms when assessing the environmental risks of expanded oil traffic.

The groups also urged those who care about the Adirondack Park and Lake Champlain to tell their Congressional representatives to seek a ban on the model DOT-111 rail cars that have been blamed for most of the recent spills and fires.

The risks of Bakken crude oil rail shipments have been highlighted by a series of recent derailments in the U.S. and Canada resulting in water and soil contamination, deadly explosions and raging fires. A 2013 derailment involving nearly 80 tankers in Lac-Megantic, Quebec, killed 47 people and devastated the town. A derailment in May in Lynchburg, Va., set the James River on fire.

Federal officials have said they would require the replacement of the leak-prone rail tanker cars (model DOT-111) involved in recent spills, fires and explosions. However, it will take years to carry out the current plan.

Appearing at the event were U.S. Environmental Protection Agency Emergency & Remedial Response division representatives Carl Pellegrino and Doug Kodama; Essex County Emergency Management Director Don Jaquish; Clinton County Emergency Management Director Eric Day; Claire Barnett of the Healthy Schools Network; and, Mark Malchoff of Lake Champlain Sea Grant.

The event was hosted by the Lake Champlain Committee, Adirondack Council, Adirondack Mountain Club, and the Center for Biological Diversity.

On average, 3.4 million gallons of explosive crude oil per day are shipped through the Champlain Valley on trains coming from the oil fields of North Dakota, through Canada, to Albany. Between five and nine trains per week use the Canadian Pacific Railroad line between Montreal and the Port of Albany on the Hudson River. Each train can haul up to 100 oil tankers. Each tank car carries about 34,000 gallons of oil.

Bakken crude is light and contains large amounts of volatile chemicals, making it highly flammable. Tar sands oil is less explosive, but much heavier. It sinks rather than floating on water, making it impossible to remove via conventional boom-and-suction methods.

Every crude oil spill causes lasting environmental damage, the organizations noted, pointing to continuing problems in Alaska and the Gulf of Mexico from the Exxon Valdez and British Petroleum Deepwater Horizon disasters. Closer to home, attempts to clean up oil spills on the St. Lawrence River (1976) and at a long-closed steel mill in southern St. Lawrence County continue to cost taxpayers millions of dollars, decades after they occurred.

The Canadian Pacific Railroad tracks run alongside Lake Champlain for more than 130 miles, including 100 miles inside the Adirondack Park. The tracks also cross the Saranac, Ausable and Bouquet rivers. For many miles, the tracks are just a few feet from the water’s edge.

Lake Champlain is ecologically rich, the drinking water source for nearly 200,000 Champlain Valley residents, and a key driver for the regional economy. The tracks also run through the center of more than a dozen small communities and the City of Plattsburgh, within a short distance of schools, homes, businesses, farmlands, tourist accommodations, campgrounds, beaches and municipal offices.

For more information:
Lori Fisher, Lake Champlain Committee, 802-658-1421
John Sheehan, Adirondack Council, 518-441-1340
Bakken Crude, Blast zone, Crude By Rail, Fracking, Hazmat notification, Massive increase in crude-by-rail, Rail routing, Tank car design, Traffic, Train braking systems, Train speed

Bill Moyers & Company: America’s Exploding Oil Train Problem

Repost from Bill Moyers & Company

America’s Exploding Oil Train Problem

by John Light, September 2, 2014
FILE - In this July 16, 2013, file photo, railroad oil tankers are lined up at the Port of Albany, in Albany, N.Y. While the federal government has ordered railroads to give states details about shipments of volatile crude oil from North Dakota's Bakken shale region, New York officials haven't decided whether to share that information with the public. (AP Photo/Mike Groll, File)
In this July 16, 2013, photo, railroad oil tankers are lined up at the Port of Albany, in Albany, NY. (AP Photo/Mike Groll, File)

If you reside in the US, there’s around an eight percent chance that you live in an oil train’s blast zone. And there’s a fight going on at the state and federal levels, between monied interests and regulatory agencies, over efforts to ensure that these trains — which have shown a tendency to burst into flames — will be relatively safe.

The increased use of hydraulic fracturing — fracking — has made oil that was previously inaccessible available to drillers. The crude then has to make its way to refineries, and while the boom in pipeline projects has received quite a bit of attention, roughly 60 percent of it travels by rail.

On Friday, California legislators passed a bill that would require railroads to tell emergency officials when oil trains filled with explosive Bakken crude — oil from a particularly productive region in western North Dakota — would pass through the state. The law reflects growing concern, across America, about the dangers of these trains moving through dense communities, including Sacramento, California’s capital.

Oil tanker cars move along a web of routes that crisscross the United States. In 2013, about 400,000 cars made the journey, a 4,000 percent increase over the previous five years. The boost in oil cars has been so great that less lucrative industries are having trouble finding rail transport for their products. In March, General Mills announced that it had lost 62 days of production on such favorites as Cheerios because the trains that had shipped agricultural products were being leased by the fossil fuel industry.

Most oil reaches its destination without any problems, but as production has skyrocketed, the railroads have become increasingly taxed. Those who live near railways have noticed the uptick, with trains rumbling through towns much more frequently, and at much higher speeds.

Last July, a tanker train filled with North Dakota crude derailed in the middle of the night in Lac-Mégantic, a small Canadian town near the border with Maine; the resulting inferno killed 47 people. Since then, derailments in Casselton, North Dakota, and Lynchburg, Virginia, have led to evacuations. The Lac-Mégantic disaster spurred protests from fire chiefs and town officials who said that they were ill-equipped to deal with a possible derailment.

In the year since, officials have moved to formalize several safety measures. This July, the Obama administration proposed a plan that involves banning certain older tank cars, using better breaks on car, restricting speeds and possibly rerouting trains.

That first point, phasing out old tank cars, is a key area of contention. For the most part, the opposition isn’t coming from the railroads; it’s the oil companies that lease the tank cars that are fighting the new regulations. As Bloomberg Businessweek’s Matthew Philips explained earlier this summer:

It’s helpful to understand the three industries with something at stake here: railroads, energy companies, and tank-car manufacturers. The railroads own the tracks but not the tank cars or the oil that’s inside. The oil often belongs to big energy companies such as refiners or even trading firms that profit from buying it near the source—say, in North Dakota—and selling it elsewhere. These energy companies tend to lease the tank cars from large manufacturing companies or big lenders such as General Electric (GE) and CIT Group (CIT).

Although it is never their oil on board, the railroads usually end up in the headlines when something goes wrong. That’s why they have been eager for a rule to make energy companies use stronger tank cars. Meanwhile, the oil industry has been busy issuing studies trying to prove that the oil coming out of North Dakota is safe enough to travel in the existing tank cars. The energy lobby also thinks railroads need to do a better job of keeping the trains on the tracks. Tank-car manufacturers, meanwhile, simply want some clarity around what kind of cars they need to build.

Canada, following the Lac-Mégantic disaster, announced plans to phase out one older tank car that has been linked to several accidents over the next three years; the Obama administration proposal would do it in two.

But the oil industry doesn’t want that. Leading the charge is the American Petroleum Institute, an organization that, so far in 2014, has spent $4 million lobbying regulators and Congress. They’ve pushed back against labeling Bakken crude as more hazardous than other crude oil, even though many studies have found that it is.

Environmental groups blame this lobbying effort for several weaknesses in the proposed rules. For one, they would only apply to trains that have 20 or more carloads of Bakken crude. “If the rule is approved as drafted, it would still be legal to transport around 570,000 gallons (the equivalent of the fuel carried by seven Boeing 747s) of volatile Bakken crude in a train composed of 19 unsafe, [aging] tank cars—and none of the other aspects of the new rules, including routing, notification, train speed, and more would apply,” wrote Eric de Place of the sustainability think-tank Sightline Institute, who also criticized the proposal for not immediately banning older tankers.

And even if the regulations were to be put in place despite the API’s attempts to weaken them, there’s the distinct possibility that regulators will fall short. The government has often taken a hands-off approach in determining what gets shipped, and how — and in enforcing existing rules requiring that officials in the cities it passes through be informed that potentially hazardous shipments are coming. In These Times reported that government inspections to make sure railroads are properly labeling the product they are shipping (the Bakken crude was improperly labeled in the Lac-Mégantic disaster) are supposed to be unannounced, but are sometimes pre-arranged. Meanwhile, railroads are cutting back on the number of crew members manning trains, a move that some workers feel will lead to less safe travel.

“No one would permit an airliner to fly with just one pilot, even though they can fly themselves,” wrote John Previsich, the president of the Sheet Metal, Air, Rail and Transportation union’s transportation devision. “Trains, which cannot operate themselves, should be no different.”

John Light blogs and works on multimedia projects for Moyers & Company. Before joining the Moyers team, he was a public radio producer. His work has been supported by grants from The Nation Institute Investigative Fund and the Alfred I. duPont-Columbia Awards, among others. A New Jersey native, John studied history and film at Oberlin College and holds a master’s degree in journalism from Columbia University
Derailment, Draft EIR, Sacramento Area Council of Governments, Valero Crude By Rail

Sacramento leaders question Benicia’s crude oil rail project

Repost from The Sacramento Bee
[Editor: The SACOG letter can be viewed here.  (Note that this download is in draft form, but the letter was approved as is.)  Of interest also is this 10-page Union Pacific letter addressed TO the SACOG Board, encouraging no action.  A recording of the Board meeting  is available here.  – RS]

Sacramento leaders question Benicia’s crude oil rail project

By Tony Bizjak, Aug. 28, 2014
Tracks lead to Benicia’s Valero refinery. Sacramento area leaders have drafted a letter saying a Benicia report doesn’t take major oil train risks into account. | Manny Crisostomo

Sacramento leaders will send a letter to Benicia today formally challenging the Bay Area city to do a better job of studying train derailment risks before it approves an oil company’s plans to ship crude oil on daily trains through Sacramento-area downtowns to a Benicia refinery.

Acting collectively through the Sacramento Area Council of Governments, which represents 22 cities and six counties, Sacramento representatives say they are protecting the region’s interests in the face of a proposal by Valero Refining Co. to transport an estimated 2.7 million gallons of crude oil daily on trains through Roseville, Sacramento, West Sacramento and Davis. Valero officials say the oil will be refined into gas for cars in California, as well as diesel fuel and jet fuel.

“We are not taking a position on whether the project should proceed,” said Don Saylor, a Yolo County supervisor and SACOG member. “We are pointing out, as we have the responsibility to do, the public safety issues in our region. There are ways those issues can be identified and mitigated.”

Benicia officials have been collecting public comments and questions about their environmental review of the Valero project plans, and said they will respond to all comments after the comment period closes Sept. 15.

The SACOG group also is drafting a letter to federal regulators, encouraging them to make hazardous materials transport on rail safer, particularly shipments of volatile crude oil produced in North Dakota’s Bakken region. Crude oil train shipments have increased dramatically in recent years, leading to several derailments and explosions, including one that killed 47 in a Canadian town last year.

Railroad officials nationally say derailments are very infrequent. A study commissioned by Benicia determined that a derailment and spill would be a rare occurrence on the line between Roseville and Benicia. But Sacramento leaders contend Benicia has underplayed derailment possibilities, and has not adequately studied the consequences of a spill and fire.

“We think there are serious safety concerns that should be addressed by Benicia, not downplayed,” said Sacramento Councilman Steve Cohn, chairman of the SACOG board.

The Benicia trains would travel on tracks just north of downtown, through the downtown Sacramento railyard, and over the I Street Bridge.

Elk Grove Mayor Gary Davis was one of two SACOG members who voted to oppose sending the letter. “I thought it is a little outside our scope. It’s a slippery slope,” he said.

SACOG’s main role is to serve as the region’s transportation planning agency and to administer a portion of the region’s federal transportation funding allotment.

Sutter County Supervisor James Gallagher also voted against sending the letter, saying many safety issues are in the federal government’s purview, not Benicia’s. He said he doesn’t want to discourage production of domestic oil that creates jobs and reduces reliance on foreign oil.

Sac Bee: More Information

Bakken Crude, Crude By Rail, Federal Regulation (U.S.), Massive increase in crude-by-rail

Concerns Raised About Oil Trains In The Adirondacks

Repost from Vermont Public Radio

Concerns Raised About Oil Trains In The Adirondacks

By Mitch Wertlieb & Melody Bodette, August 28, 2014
Government offices, track-side warehouses and Monitor Bay Park campground surround the tracks on the south end of Crown Point, New York. The Adirondack Council has raised concerns about oil trains in the Adirondacks. | Adirondack Council

Ever since the train disaster last summer at Lac Megantic, Quebec, people in our region have been taking more notice of the oil trains traversing our rails.

Concerns have been raised on the New York side of Lake Champlain, where the Canadian Pacific railroad tracks run close to the water.

“In some places they are literally right next to the water,” said Mollie Matteson, a senior scientist for the Center for Biological Diversity. “They run through towns like Plattsburgh, Essex, and Westport, and then eventually they end up down in Albany. From there they go on down south either to refineries or to other places by ship.”

The shipments are relatively new, having begun in the past two years.  Matteson said the trains were brought to the attention of more people by the disaster in Lac Megantic.  The unit trains, as they are sometimes called, are trains entirely of tank cars of crude oil.

“What’s unique is this cargo and this new phenomenon of carrying crude oil by rail. And it’s something that’s been happening all around the country, but only just in the last couple years we’ve seen tremendous growth around the country,” Matteson said. “What’s happening here locally is that we have this new cargo, that has proven to be highly dangerous explosive and obviously if there’s a derailment and a spill it could severely damage our aquatic ecosystems and drinking water for thousands and thousands of people.”

A demonstration was held in Plattsburgh in July and some protestors expressed concern about whether the local emergency services are prepared to deal with a potential derailment and disaster.

Matteson said a starting point would be to make sure the transportation is safer. “These tank cars have been known for 20 years to be very puncture prone in any kind of derailment, even a low speed derailment. We need to get the oil off the rails. It’s simply not a sensible way to be transporting a hazardous material through thousands of small towns and cities around the country, exposing millions of people to this risk.”

The bigger question, Matteson said is should we be extracting more fossil fuels from the ground?

“Really what we need to be looking at is transitioning to a different energy regime.”

There are proposed rules to require upgrades to safer tank cars, but they would be phased in over a number of years and Matteson said, the Center for Biological Diversity believes the trains need to be off the rails immediately until there are safer cars in place, and there needs to be adequate oil spill response plans.

This oil is coming from the North Dakota Bakken oil fields to the terminal in Albany, a company called Global Partners. They are looking to expand their operations in the port. The Center for Biological Diversity has been involved in lawsuit against the company and the New York Department of Environmental Conservation over the proposed expansion plans.

Global Partners did not respond to a request for comment.

A community forum on the oil trains will be held on Thursday, August 28, from 7-9 p.m. at the Plattsburgh City Hall.