Martinez Environmental Group: The oil, pick your poison
By Guy Cooper | April 20, 2014
Two types of North American crude will roll through our towns. There’s the Bakken crude fractured from the shale beds of North Dakota and the oil/tar sand derivatives rent from the wilds of Alberta, Canada. The former has the potential to vaporize you and your neighborhood. The latter can slowly render your land and water and body uninhabitable.
It was Bakken crude that blew up the town of Lac-Mégantic, Quebec, last July, exploded and poisoned the wetlands of Aliceville, Ala., in November, and just missed annihilating the town of Casselton, N.D., in December. That’s just a sample.
Lac-Mégantic was the eye opener. An improperly equipped and under-staffed 70-car tanker train heading east from the oil fields of Dakota was left parked on the main line above the town with an incorrectly set brake. In the early morning hours, the train broke free and careened down the hill, derailing in the center of town. OK. A train derailment due to human error. An unfortunate accident. One would expect a nasty oil spill and big clean up to follow.
That’s not what happened. The train exploded in concussive fireballs that flattened the downtown and instantly killed 47 people. Aerial images show an area the size of downtown Martinez reduced to rubble. Flaming oil flows poured like lava from the burning train into the nearby river and lake, cooling into an intractable underwater toxic waste deposit. It took four days just to extinguish the fires. Who knows how long it will take to clean up the mess. And, of course, 47 lives lost. The town will never be the same.
That tragic episode got people’s attention. Crude oil is not supposed to explode. It was first thought an anomaly. Maybe the train crashed into tanks of propane. That was disproved. Then there were the pools of carcinogenic benzene fire crews found themselves slogging through. Not normal.
Well, it won’t happen again. Then it did, at Aliceville and Casselton.
What was this stuff that reacted in such an uncharacteristic way? People living beside the tracks wanted to know. Emergency responders wanted to know. Local officials and the Canadian and U.S. government agencies responsible for public safety, train regulation and hazardous materials handling sought answers. Investigations and regulatory hearings commenced. About the only people not publicly showing a lot of interest, besides issues of liability, were the companies responsible for the oil production, movement and refining. Accidents happen. Normal precautions were taken. Regulations were followed. We know what we’re doing. Let’s get the PR, lawyers and lobbyist guys on this.
In response, Grant Robertson of the Toronto Globe and Mail visited the Bakken oil fields. An oil worker invited him in and produced a mason jar of fresh-out-of-the-ground Bakken crude. “Smells like gasoline, doesn’t it? Some guys around here pour it directly in their trucks.” The local joke is if most crude looks like a pint of Guinness, Bakken looks like Miller Lite.
The Chemical Engineer, an industry source, reported the results of chemical analysis by Canada’s Transportation Safety Board (TSB) that largely corroborated Mr. Robertson’s hands-on experience. Flashpoint refers to the temperature at which the crude gives off enough vapor to ignite. The lower the flashpoint, the more explosive the crude. The TSB results indicated a flashpoint from Lac-Mégantic samples so low that the measuring machine could only show that it was less than -35 C. The report concluded that “It is apparent that the occurrence crude oil’s flashpoint is similar to that of unleaded gasoline.”
High vapor pressure was also found, another explosive indicator. As I understand it, vapor pressure suggests the combustible gas content of an oil. The refiner Tesoro reported in early 2013 a reading of 12 psi for Bakken. Marathon Oil reported readings of 9.7 and 8.75 between 2010 and 2013, then in 2014 (after the explosions of 2013, just saying …), reported a 5.94 result. Analysts consider that low reading an aberration, but even that number is about twice the average of most crude oils.
This is the problem. The Lac-Mégantic train cargo was assigned a packing group III classification by the largely self-regulated oil producers based on an either missed or deliberately misleading evaluation of the real volatility. Fact is, the higher the classification number, the lower the cost of transport. Class III is considered low risk. A more realistic classification I or II would have required more train staffing, beefier cars, enhanced disaster planning and other safeguards. In other words, there would have been someone else to double check on the brake and the train could not have been left unattended on the main line while the sole engineer went five miles away to a hotel for the night. A spot check of trucks transporting Bakken from the well-heads to rail-loading facilities found a similarly pervasive cargo mis-classification. The fact is, that left to their own devices, without adequate independent regulatory oversight, oil producers, transporters and refiners are invariably going to pick the lowest-cost strategy to bring their product to market. This is the current state of the surrounding industry we are entrusting with our safety. Not a good idea.
State faces planning ‘gap’ if faced with a Quebec-type crude disaster
By Marina Villeneuve, Maine Center for Public Interest Reporting
April 17, 2014 8:46 AM
First of two parts. The rail line runs as far south as South Berwick in Maine.
Trains that have carried crude oil have passed through the middle of Jackman — just as they had through Lac-Megantic, Quebec. Jeff Pouland Photography/NFS
Less than a year ago, a runaway train carrying crude oil derailed in Lac-Mégantic, a small Quebec town ten miles from the Maine border.
Thousands of gallons of the highly flammable crude oil spilled from ruptured tank cars, setting off fireballs in the town’s center that killed 47 people and destroyed 30 buildings. Some bodies were likely vaporized and never identified.
In Maine, trains carrying the same crude oil have been passing through dozens of communities, many as close to homes, businesses and people as in Lac-Mégantic.
Railroads carried 4.2 million barrels of crude oil – enough to fill 267 Olympic-size swimming pools – through Maine last year, up from 25,319 barrels in 2011, according to state Department of Environmental Protection (DEP) data. No crude oil shipments by rail have passed through Maine since last fall, according to state records, but industry experts say if shipping by rail becomes cheaper than other forms of transport, that could change.
Laura Smyth works at a propane company located behind a gas station in Jackman and not far from the railroad tracks. She said that when townspeople hear a train whistle, it remains them about what happened in Lac-Mégantic.
They don’t know if the train is carrying potatoes, lumber – or crude.
“We always say, ‘It could have happened here!’” said Smyth.
And if it did happen in Jackman or Portland or any of the towns along the rail, is Maine prepared to fight a crude oil fire, save lives and protect the environment?
A investigation by Maine Center for Public Interest Reporting reveals the burden for planning and responding to a Lac-Mégantic level catastrophe will fall on state and local emergency services, which may not have all the information, training or material they could need.
The potential for a crude oil incident in Maine like the one in Lac-Mégantic has prompted three state emergency groups to make the issue a key topic at the April 22-23 statewide Emergency Management Conference in Augusta.
“We’ve been fortunate, but being fortunate doesn’t mean we’re prepared,” said Robert Gardner, a technological hazards coordinator at Maine Emergency Management Agency.
He pointed to another nearby crude oil incident, in New Brunswick, Canada, when on Jan. 7, eight cars carrying crude oil and propane derailed and generated a massive fire and cloud of orange smoke. “We need to learn what others have experienced so we can be better prepared,” Gardner said.
Federal regulators and industry observers say recent fiery derailments across the continent have revealed a glaring lack of emergency preparedness requirements.
Unlike the marine barges, pipelines and fixed facilities that have transported and stored crude oil for years, U.S. railroads are not federally required to have comprehensive plans in case of a worst-case oil disaster.
“It’s a big gap,” said David Willaeur, of emergency management firm IEM and the former planning director for the Greater Portland Council of Governments.
“Now we have crude oil coming by in mile-long unit trains through remote areas along the U.S., and shipped to refineries on the coast … the oil-response plans need to have a land-based component to them.”
This gap has exacerbated the challenge of planning for oil disasters in rural states like Maine, where:
* State, county and local officials do not know the oil-spill response plans and capabilities of any railroad companies in Maine because the rail firms are not required to share or coordinate such information.
* The first people on scene at a rural oil incident will be declining numbers of volunteer firefighters who are hours from the highly-trained response teams and special kind of equipment, materials and gear needed to handle oil fires. Of 59 communities along rail lines, five have no fire department and 27 rely on solely volunteers.
* Like in all other states, no Maine officials are provided with any information about hazardous materials transported by rail through communities. Last month, Maine Emergency Management Agency (MEMA) asked Pan Am Railways for a list of the top 25 most hazardous goods shipped through Maine in 2013 and is awaiting a response, said agency director Bruce Fitzgerald.
The need to improve emergency response planning for crude oil rail disasters came up at an April 9 U.S. Senate Appropriations subcommittee hearing on railway safety, where both Sen. Susan Collins, a ranking member of the subcommittee, and Rangeley Fire Chief Tim Pellerin spoke on the need to better train and prepare rural firefighters.
“It’s also important to recognize that much of that rail network exists in rural America, and that presents unique challenges to small communities that often lack the resources to effectively respond to hazardous material emergencies,” Sen. Collins, a Republican, said at the hearing.
Feds don’t require railroad emergency plans
Do railways transporting crude oil through Maine have adequate response plans in case a catastrophe happens? Thanks to a federal loophole, no one – including the state of Maine – knows.
Two railroads have carried crude oil from the Bakken shale region of North Dakota into Maine: Pan Am Railways and Montreal, Maine and Atlantic Railway, the carrier that operated tank cars that derailed and ruptured at Lac-Mégantic.
Pan Am Railways Executive Vice President Cynthia Scarano did not respond to repeated interview requests over the course of two months. MMA Railways filed for bankruptcy last August, when it also stopped shipping crude oil. The New York-based firm Fortress Investment Group is in the process of purchasing its assets.
MMA Railways didn’t have sufficient resources to respond to Lac-Mégantic – and it would have been just as unprepared if it had happened in the U.S, according to the National Safety Transportation Board’s (NTSB) Jan. 23 letter to the Federal Rail Administration.
There are no federal rules for how railroads should prepare for any emergency involving hazardous materials, including crude oil, said Willaeur.
“It’s all voluntary, and there’s no standard for what they need to do,” said Willaeur, who has conducted studies of hazardous materials transport in states, including Maine. “So you have a pretty wide range of responses between railroads.”
The country’s seven Class 1 railroads, which have annual revenues of $250 million or more, have system-wide plans that include handling emergencies in local communities and sensitive geographic areas, according to Willaeur.
“On the other end, you have railroads that may have only a rudimentary plan in place,” he said, noting there are 550 smaller railroads known as short-line and regional railroads. Maine is one of four continental states with no Class 1 carrier.
When it comes to oil spills – as opposed to emergency planning — railroads must write basic response plans, but they don’t need to be shared with state agencies or sent to the Federal Rail Administration.
These basic plans don’t include training drills and exercises, assigning a qualified individual to man the response or plans for a worst-case discharge – which can result in up to three million gallons spilled.
“[O]il spill response planning requirements for rail transportation of oil/petroleum products are practically nonexistent compared with other modes of transportation,” NTSB Chairman Deborah Hersman wrote to the federal Pipeline and Hazardous Materials Safety Administration on Jan. 21.
Railroads only have to file comprehensive plans if they haul a tank car with a 42,000-gallon capacity – and no tank cars currently in use can hold that much.
This means no shippers have to tell the government, or anybody, what they’d do in case of a disaster, even if they’re hauling ten, average size-tank cars carrying a total 300,000 gallons of crude oil. The rule was developed when crude oil wasn’t being shipped in trains that carry only crude and can haul millions of gallons at once.
This current regulatory scheme “circumvents the need for railroads to comply with spill response planning mandates of the Clean Water Act,” Hersman wrote to the hazardous materials agency.
Comprehensive plans must only be submitted to the Federal Rail Administration, which is not required to review and approve them, Hersman wrote.
“It’s a pitiful pretense of regulation,” said rail security consultant Fred Millar, who worked for the liberal activist group Friends of the Earth for 18 years. “Railroads have gotten themselves exempted from the same kind of response planning and right-to-know laws that apply to everyone else.”
If requirements had been updated as crude shipments began skyrocketing, the federal rail regulators could have required MMA Railway to plan for a disaster on the scale of Lac-Mégantic, wrote Hersman to the regulators.
“DEP and to some extent local communities have taken on that responsibility to be prepared in the event of a spill,” said Maine Department of Environmental Protection’s response director Peter Blanchard.
Responding to rail incidents is challenging in Maine, where railroads traverse cities, rural communities and water bodies – many inaccessible by road, according to Blanchard.
DEP asked Pan Am Railways for copies of their response plans, but never heard back, according to Blanchard.
Blanchard said railroads have made “some effort” to help DEP in preparing for an oil spill, citing a collaboration with MMA Railway that yielded a vulnerability map of sensitive natural resources and remote access points along rail lines.
The DEP has 25 spill responders, with five always on-call at offices in Portland, Augusta, Bangor and Presque Isle. Their equipment includes oil skimmers and two 5,000-barrel oil recovery barges stationed in South Portland and Bucksport.
Volunteers may be first to crash
Recent train derailments involving crude oil and ethanol have raised a question for emergency planners: Who responds when incidents happen in the middle of nowhere?
“When they happen in remote areas, away from populated areas, you not only have fewer resources but volunteer fire departments that don’t necessarily have the capability to handle an incident of that size,” said Willaeur of emergency management firm IEM.
About 90 percent of Maine’s firefighters are volunteer, estimates the Maine Fire Services Institute’s Bill Guimond.
“Probably the biggest challenge facing a lot of departments is just resources on the initial response, especially in the rural communities,” Guimond said. “Firefighters are not always available, and a lot of communities are strapped with resources right now.”
Along rail lines that have carried crude oil, five cities have professional departments. Five small communities have no fire departments, 27 rely on an all-volunteer force and 22 rely on both volunteer and career firefighters.
“It’s certainly a different kind of response when you don’t have everybody right on-call all the time,” said MEMA’s Fitzgerald. “They have to get out of their job, they have to travel to get their equipment, they have to go and respond. Those communities rely almost entirely on mutual aid, because no one department up there is big enough to handle an event.”
If a rail catastrophe happens, local responders like firefighters would receive support from other towns through mutual aid agreements, 17 state-supervised hazardous material teams, spill responders, MEMA and, potentially, federal agencies and out-of-state and Canadian responders.
Since last July, hazardous material teams in Paris and Jonesboro have shut down because they lacked enough people to maintain staffing and training requirements. Rail communities like Jackman, Greenville and Vanceboro are up to two hours away from specially-trained teams in Orono, Skowhegan and Houlton.
Maine’s hazardous material teams train regularly for major oil fires, train rollovers and derailments, according to Mark Hyland, MEMA’s operations and response director. In the past decade, Maine railways have provided locomotives and tank cars to train firefighters and spill responders, according to Blanchard.
Some fire officials said though they appreciate the seminars, training efforts with railroads are not institutionalized, proving a problem for departments with high rates of turnover.
Waterville Fire Chief David LaFountain asked Pan Am Railways last year for specialized training in dealing with volatile Bakken crude oil, but he never heard back from the railroad.
In Maine, state and cities like South Portland have invested in the costly resources – like protective gear and specialized foam – needed for a fiery disaster even a fraction of Lac-Mégantic’s size.
In 2009, Maine Emergency Management Agency received a Homeland Security grant to buy three $80,000, 990-gallon foam trailers and placed them in South Portland, Searsport and Sweden. The Air National Guard at Bangor International Airport has 2,000 gallons of foam concentrate.
South Portland has 20,000 gallons of alcohol-resistant foam to smother petroleum fires. Fire chief Kevin Guimond said his team is ready to respond statewide, with 64 full-time firefighters and paramedics and 40 on-call firefighters.
But that big cache of foam is four hours away from communities along rail lines like Jackman and Vanceboro. Half of communities on the rail lines are two to four hours away, with 15 facing wait times of more than three hours.
Information hard to get Maine officials don’t know much about hazardous materials transported by rail, including what kinds go where, or when, how often, and how much they’re shipped. Railroads say sharing such information could jeopardize security.
“There’s a lack of rail transportation response plans because it’s hard to get the information,” said Willaeur. “Many local officials don’t have an idea of what’s going along rails or highway corridor.”
Though U.S. railroads don’t have to disclose any information about hazardous materials to communities, they are not prevented from doing so.
Voluntary industry standards encourage railroads to do so – upon request, and as long as first responders do not make such information public.
MEMA’s Fitzgerald wrote to Pan Am on Feb. 7 requesting a list of the top 25 most hazardous materials transported through Maine in 2013. He is still awaiting a response.
Currently, first responders can figure out what a derailed train car is hauling by reading the placard affixed to the side of a rail car, finding the crew member who has a paper document showing where hazardous materials are located on the train, or calling the railroads’ 1-800 number.
According to an 1817 Congressional act and the interstate commerce clause, railroads can’t refuse to ship anything, including hazardous goods, and only the federal government can restrict such movement, said MEMA’s Hyland.
“But you know, having said that, we’d like to know what’s coming through, just so we can prepare our communities and our regional response teams for what they’d see,” he said.
LaFountain said in his opinion, the rail yard in Waterville – a town where trains carrying crude pass through – is his city’s “most dangerous spot,” and he worries how his team could respond if there was a crude oil emergency.
“To be honest with you, when I saw what happened in Lac-Mégantic, the behavior of the product catching fire and having the ignition it had and the fire conditions it had, that wasn’t what I expected for typical crude oil,” said LaFountain. “Now hearing that this crude oil is different because of where it comes from, it raises concern. It’s not safe.”
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CRUDE-BY-RAIL IN MAINE
Railroads carried 4.2 million barrels of crude oil – enough to fill up 267 Olympic-size swimming pools – through Maine last year, up from 25,000 barrels in 2011 and down from 5.2 million barrels in 2012.
The 2013 amount does not include the months of April to August when Pan Am Railways temporarily stopped reporting how much crude oil it shipped into Maine and paying into the state’s three-cent per gallon oil spill clean-up fund, according to Department of Environmental Protection spokeswoman Jessamine Logan.
At the time, the company told the Bangor Daily News that state law did not specifically require them to do so. The state legislature revised the statute effective last October.
After several fiery train explosions involving crude from the Bakken shale region of North Dakota, federal regulators issued a Jan. 2 warning that the crude may be more flammable than other varieties. A federal “Bakken Blitz” investigation has revealed that in eleven out of 18 random samples, Bakken crude was misclassified as a less volatile variety.
Three railroads – Pan Am Railways, Montreal, Maine and Atlantic Railway, and Eastern Maine Railroad – have carried Bakken crude oil through Maine to an Irving Oil refinery in St. John, New Brunswick.
The MMA Railway line enters Maine at Jackman and then traverses across central Maine to Mattawamkeag. The now-bankrupt company, whose assets are in the final steps of being purchased by a New York-based investment firm, stopped carrying crude oil last August.
A Pan Am line enters Maine at South Berwick and carries crude through towns near Interstate 95, including Portland and Bangor, before heading to Mattawamkeag.
There, the Irving Oil subsidiary Eastern Maine Railroad transports the crude oil from Mattawamkeag, to Vanceboro, to the refinery. Eastern Maine Railroad does not pay into the clean-up fund because state law only impacts carriers bringing oil into Maine, according to Logan.
In Maine, crude oil shipments by rail have dropped off since last fall, but industry experts say dynamic global oil prices could quickly change that.
North Dakota Department of Mineral Resources director Lynn Helms has estimated that up to 90 percent of the state’s crude will be transported by rail in 2014.
Following growing scrutiny on the rupture-prone DOT-111 tank cars involved in recent derailments, Irving Oil announced in February that by April 30, it will voluntarily retrofit its crude oil fleet to meet higher standards recommended by the Association of American Railroads for tank cars built after 2011.
Even stricter federal standards for the tank cars could be released by the end of 2014, said Cynthia Quarterman, head of the Pipeline and Hazardous Materials Safety Administration at a Feb. 26 Congressional hearing.
Last year, U.S. railroads spilled more crude oil – 1.15 million gallons – than in the last 38 years combined, according to a McClatchy news service analysis of federal data that does not include the 1.6 million gallons spilled in Lac Megantic.
The Association of American Railroad states that through 2010, 99.9977% of rail shipments of hazardous material reached their destination without a release caused by a train accident.
In Maine, railroads have spilled more than 200 gallons of hazardous materials like flammable gas oil and sulfuric acid since 2003, according to a review of Pipeline and Hazardous Materials Safety Administration data. This represents a large decrease from the 120,000 gallons of hazardous materials like fuel oil and sulfuric acid reported spilled between 1976 to 1999.
Approximately one gallon of crude oil spilled in March of 2013, when 13 tank cars operated by Pan Am Railways derailed near the Pencobst River in Mattawamkeag, according to a report filed to the National Response Center. Each car in the 96-car unit train was carrying 31,000 gallons of crude.
— Marina Villeneuve
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The Maine Center for Public Interest Reporting is a nonpartisan, non-profit news service based in Hallowell. Email: mainecenter@gmail.com. Web: pinetreewatchdog.org.
Repost from The Sacramento Bee, Capitol Alert
[Editor: for more on Assemblyman Dickinson’s bill, see his press release here. I am unable to find the bill’s number as of this writing. The press release concludes with “The bill will be heard by the legislature in the coming months.” More info via Dickinson’s office: Contact: Taryn Kinney, State Capitol, P.O. Box 942849, Sacramento, CA 94249-0007, Tel: (916) 319-2007, Fax: (916) 319-2107 – RS]
VIDEO: Dickinson bill seeks crude oil train emergency preparedness
April 17, 2014 | VIDEO BELOW: The Sacramento Bee/Dan Smith
Pointing to the catastrophic derailment in Quebec of a train transporting oil and similar accidents, Assemblyman Roger Dickinson, D-Sacramento, has unveiled legislation to get emergency responders more information about crude-carrying trains that roll through California.
As the United States reaps the fruits of a domestic energy boom, driven in part by huge volumes natural gas extracted via hydraulic fracturing, the amount of oil transported via rail has grown apace. According to the California Energy Commission, 6.1 million barrels of crude chugged into California on trains in 2013, accounting for 1.1 percent of the amount processed at California refineries.
“It is safe to say that we’ve all become alarmed with learning about the large increase in certain types of crude oil and oil products that California refineries will be receiving,” Dickinson said during a Thursday news conference at the downtown Sacramento train station.
Now, with a Bay Area refinery planning to move huge amounts of crude oil on a rail line running through downtown Sacramento, Dickinson has proposed legislation requiring railroads to disclose more information about oil shipments to those who would be dispatched to handle a potential rail accident.
“Because of this rapid change in the transportation of crude by rail, state safety rules are simply not what they need to be,” Dickinson said.
Currently, railroads don’t have to notify cities in advance about their cargo. Trains carrying hazardous materials, like oil or acid, must have warnings stenciled on the side of the cars containing the dangerous commodities.
Under Dickinson’s bill, blueprints detailing facts like the volume of oil being transported in a given day; how many cars are being used; and the characteristics of the oil being conveyed would go to local officials. The state agency that now obtains that information would be compelled to share it with local fire and police departments.
“If (responders) know what they’re dealing with,” Dickinson said, “they’ve got a much better chance of controlling and containing the incident and also protecting their own lives.”
Gov. Jerry Brown has also taken note of the growing risk. Under the governor’s budget, the state’s Office of Oil Spill Prevention and Response would get more money and staff to deal with the growing risk of inland oil spills. As it stands now, the agency responds to oil spills in marine areas.
PHOTO: 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. The Sacramento Bee/Randall Benton.
VIDEO: The Sacramento Bee/Dan Smith
Coroner identifies 40th victim of Lac-Mégantic disaster, Admits that remaining 7 missing people will never be identified
By Anne Sutherland, THE GAZETTE April 9, 2014
MONTREAL — Using microscopic bone fragments and DNA samples, forensic anthropologists have identified the 40th victim of the train derailment at Lac-Mégantic last July.
Jimmy Sirois, 30, has been positively identified and removed from the list of missing persons.
The Quebec coroner’s office had a monumental task after the explosion and fire that decimated the town of Lac Mégantic on July 6.
In all, 47 people were reported dead and with the positive identification of Sirois there are still seven officially classified as missing.
In a statement, the coroner’s office said that due to the intense heat of the fire, fed by tanker trucks full of volatile petroleum products, and the destruction to human remains, it will be impossible to identify any more of the missing, who are:
Jacques Giroux, 65, Denise Dubois, 57, Marie-France Boulet, 62, Richard Veilleux, 63, Louisette Poirier, 76, Willfried Ratsch, 77 and Bianka Charest Bégnoche, 9.
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