Tag Archives: Lac-Mégantic

Expert on first responder decisions to ‘let it burn’

[Editor: I recently received an email from Fred Millar, a well-known independent consultant and expert on chemical safety and railroad transportation.  Millar gives convincing and documented testimony that many first responders admit they do not have the skills and equipment needed to address a major derailment and explosion of a train carrying hazardous materials such as Bakken crude.  Here he addresses the tactic of “letting it burn itself out.”  Reprinted here with permission.  – RS]

Fred Millar on emergency response:

NTSB Rail Safety Forum 4.23.2014 (webcast at 8min05sec)_opt
Testimony at NTSB Rail Safety Forum April 23, 2014: Decision to Let Burn, (webcast at 8min05sec), http://ntsb.capitolconnection.org/042314/ntsb_archive_flv.htm

I recently commented on Emergency Response capabilities and cited some of the most authoritative sources I rely on regarding the impossibility of any effective ER to a crude oil unit train derailment:

I viewed online and transcribed for interested parties some parts of the NTSB Safety Forum in April, 2014.   One early session involved first-hand analyses of accidents and unchallenged authoritative judgments by prominent US Fire Chiefs [one representing the International Association of Fire Chiefs] and emergency planning representatives  asserting that they cannot handle a major flammables unit train derailment. which they said was “way beyond our current capabilities.”  [See video webscast, note presentation at 7:50]

Instead, they conceded that all they could implement were “defensive firefighting tactics,” i.e., evacuate to a safe distance.  The Federal government recommends a 1/2 mile evacuation and isolation distance in the Guide 128 of the venerable DOT Emergency Response Guidebook.  This guideline is based on only one railcar of crude oil involved in a fire, hardly a reflection of real-world accidents already experienced.  Since many experienced accidents have involved many railcars and unit trains on average have 100+ cars, some fire chiefs and emergency managers with crude oil unit train traffic are doing their pre-planning based on potential evacuation zones of 1/2 and 1 mile on each side of the tracks [e.g., statement by Seattle Emergency Management director Barb Graff] or even have pre-loaded their fire service vehicles with GIS maps showing emergency zones of 1/2, 1, 2, and 5-miles [e.g., James City County VA].

The US DOT Emergency Response Guidebook says both ethanol and crude oil trains are “highly flammable and explosive” under some conditions.  The main danger is not so much a “blast,” not technically speaking an explosion of a whole tank car, and the damages at Lac-Megantic were not mainly from blast.  The main risk is extensive fire and fireball events [which can feel to survivors like blasts on their faces] involving first the most volatile components of the cargo and then the main railcar cargo itself ———“rivers of fire”.

[I could elaborate and quote here from the cf UIUC academic study….]

Some US fire chiefs and emergency managers, who almost always prefer to maintain that their communities are “prepared” for even serious emergencies, have asserted [irresponsibly, I would maintain] that with adequate regional cooperation to combine strategically pre-positioned trailers with stocks of fire-fighting foam, they could “fight” crude oil train derailment fire events.   The Pittsburg CA Fire Department [crude oil unit train unloading project proposed] and the Boston MA metropolitan area fire chiefs [ongoing ethanol unit train shipments] thus recently separately submitted wish lists of  the different types of foam supplies needed for laying down a smothering blanket on relatively quiet and level crude oil or ethanol pool fires [useless for burning and exploding tank cars or raging “rivers of fire”], and for fixed foam spraying equipment at the unloading terminals and mobile foam vehicles for the line haul communities.  Along with desired training, etc., the chiefs estimated the cost at $1.2 million in the Boston case.

But in several post-Lac-Mégantic forums [again, see the NTSB Safety Forum, beginning around 8:40 on the webcast of Day Two] and in many media articles, the majority of fire service experts have been clear that the ongoing crude oil rail disasters are beyond their capabilities to handle.  “Even with an infinite amount of costly foam”, letting them burn is the only sensible approach (and this is what was done in all the major crude oil disasters in North America).  They note that major derailments would require enormous amounts of foam, there is not enough water to apply it especially in rural areas, and anyway, [from 1/2 mile distance or more] they cannot get close enough to the fires to apply it.  Derailments in urban areas would pose significant operating risks that go well beyond current operational capabilities for emergency responders.

Restoring old oil tank cars – an entrepreneur explains

Repost from The Hutchison News
[Editor: An interesting insider look at the process of restoring aging DOT-111 tank cars.  Also interesting numbers on existing cars and the call for increased numbers of restored cars.  – RS]

Oil boom spurs need to restore rail cars

By John Green, November 1, 2014

oil tank carsWhen introducing a new business venture planned for Hutchinson by his company last week, Adam Mervis of Mervis Industries thanked his father and brother:

“For not throwing me out of the room when I told them we’d spend a heck of a lot of money to do something where it’s never been done – and something that’s never been done.”

The Illinois-based, family-owned scrap metal and recycling company plans to build a $35 million plant on 100 acres in the Kansas Enterprise Industrial Park to refurbish rail cars.

The focus will be tank cars designed to carry crude oil and other combustible liquids. The company projects employing 150 people within three years of opening.

The demand for the business, Mervis and his future Hutchinson plant manager Larry Culligan explained, is propelled by several factors.

Oil boom

First, the expansion of oil exploration and recovery in non-traditional fields in the U.S., thanks primarily to hydraulic fracturing, also called fracking.

U.S. oil production jumped from 5.0 million barrels per day in 2008 to 7.4 million last year, and is expected to average 8.5 million this year and 9.3 million next year, according to the U.S. Energy Information Administration. Current U.S. production is the highest in nearly a quarter-century and more than a million barrels a day higher than it was only a year ago, the EIA reported.

Existing oil pipelines are inadequate to move all that new oil to markets, both in terms of volume and location. While there are about 57,000 miles of crude oil pipeline in the U.S., there are nearly 140,000 miles of railroad.

So, there’s been a massive increase in shipping by rail.

U.S. railroads, which carried just 9,500 carloads of crude in 2009, shipped an estimated 434,000 tanker loads in 2013, roughly equivalent to 300 million barrels of oil. A May study by Congressional Research Service forecast 650,000 carloads of crude oil would to be carried by rail this year.

But the increase in transport by rail has also resulted in a significant increase in accidents involving crude oil shipment.

The most famous was a July 5, 2013, accident in Lac Mégantic, Quebec, where a trainload of oil parked on a shortline track came lose and rolled downgrade into a Canadian community, where it derailed and caught fire, killing 47 people and destroying much of the town’s center.

There have been a half dozen other accidents in the U.S. and several others in Canada over just the last two years, including a December 2013 derailment near Casselton, North Dakota, that spilled of more than 400,000 gallons of crude oil, sparked a huge fire and forced evacuation of nearby residents.

Changing standards

The tank cars that derailed at Lac Mégantic and Casselton were built before October 2011, the year the Association of American Railroads (AAR) mandated new safety enhancements to tankers – known in the industry as DOT-111 cars – which carry oil and ethanol.

The older cars lacked puncture-resistant steel jackets, thermal insulation, and heavy steel shields at each end of the car to keep couplers from punching through in a crash. They also have less secure valves on top and bottom of the cars, which might open or get ripped off in a derailment.

In July, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed rules that, if finalized by Congress, will require tank owners to retrofit older cars to the AAR standards or remove them from the rails by October 2017. That same month Canadian regulators mandated DOT-111 tank cars built before 2014 be retrofitted or phased out by May 2017.

The industry is seeking an extension of that deadline out to at least seven years, Mervis said.

At present, there are about 92,000 DOT-111 tank cars used to transport combustible liquids of which only 14,000, or about 15 percent, were built after October 2011 and thus compliant with the latest standards.

Officials estimate the cost to retrofit the cars at $20,000 to $40,000 each.

Besides oil, there’s also been a surge in demand for plastic pellet and fertilizer cars, Mervis noted, thanks to low natural gas prices, as well as constant growth in demand for food grade cars, for shipping corn syrup, vegetable oil and molasses.

There are a half dozen tank car builders in the U.S., but recent estimates show there are more than 55,300 cars on backlog just to meet the growing car demand. With builder capacity of some 30,000 cars per year, the backlog will take close to two years to fill.

At Mervis Railcar, they plan to retrofit DOT 111s to meet the proposed requirements, to convert them for other non-hazardous uses, or destroy and recycle them, Mervis said.

Major customers, Mervis said, will include Exxon, Union Oil and ADM, as well as railroads themselves.

Besides cars that will need retrofits, all tank cars – there are about 171,000 DOT-111 cars in the North American fleet – must get a complete, top-to-bottom inspection every 10 years, Mervis said.

There’s a push by regulators, he said, to cut that to five years.

Either way, inspections will also be a big part of their business.

Plant layout

A preliminary layout of the plant includes four major buildings with combined floor space of more than 224,000 square feet and some 6 miles of rail line.

The first step in the process, Mervis said, will be to clean the cars.

“We’re not going to take any that held chlorine or any other thing that will kill you,” Mervis said. “Because we don’t want or need to.”

Once cleaned, the cars will move to the eight-bay inspection shop, where workers will closely check all welds, seams and liners, and conduct other tests as required by the type of car, such as dye penetration tests, and magnetic, ultrasonic or radiographic scans to find cracks or structural deficiencies.

They must also determine the thickness of the tank car shells, heads and protective housings and estimate how long they’ll maintain sufficient thickness to stay in service, whether to install or replace internal linings, Mervis said, “or to cut them up.”

“Every employee will have some certification,” said Culligan, director of railcar operations for the new company. Those include welders, inspectors, even record keepers.

“The only ones that might not are shot blasting the interiors of the cars,” he said, though even they’ll have confined space training.

From inspection, the cars will be moved via a transfer table into a 32-bay mechanical shop, where they can be jacked up and put on stands to modify them, while the wheels are removed and sent elsewhere to be refinished.

They’ll remove all valves on the cars to rebuild and then test, Mervis said.

If converted to a food-grade tanker, they may have a plastic liner sprayed on the inside, and then be heated to set it.

The repaired or retrofitted cars will then go to a paint booth, which includes heaters that bake the entire car at set temperatures and times, depending on whether it’s interior or exterior paint.

Part of the deal for locating the plant here included purchase of the Hutchinson & Northern Railway, a switching and terminal service that connects to the UP and BNSF railways near the Hutchinson Salt mine.

The 3 miles of line include links to Hutchinson Salt, Midwest Iron, Irsik and Doll and the K&O Railroad. The purchase from Hutchinson Salt was necessary, Mervis said, to link to the two national carriers.

Besides the rail line, it included 23 acres of adjoining land, one locomotive engine and locomotive storage building. Mervis plans to rename the line the AD&A Railway, after his children, Alec, Devon and Audra, and name the engine after a nephew.

Federal authorities must still approve the transfer.

Timeline

They’ve started engineering work on the plant design, and groundwork will likely begin in February, but building construction won’t start until spring.

“The buildings will be all prefabricated steel, but what goes inside the buildings will be a little different,” Mervis said. “The person who sells the system (whether cleaning, paint, etc.) will be responsible for installing the equipment and making sure it works. We don’t have time to manage all that as it’s going on.”

A number of national firms lay rail and he expects them, as well as utilities, to use Kansas workers, Mervis said.

“Our goal is to get most of the track laid and the mechanic building open by early summer,” he said.

In the interim, they’ll also work with Hutchinson Community College and the Hutchinson High School to identify and develop training needed. They’ll do non-tank work, such as repairing hopper cars, while they build and certify the staff.

“You can’t just throw someone into welding tank cars,” Mervis said. “There’s a lot of FRA-required training,” including working a minimum 240 hours under “Level 2” supervision.

They expect to add the 150 jobs over three years, though if training, ramp up and demand can make that happen faster, it will, Culligan said.

Of the 150 jobs, 65 to 70 will be welders. Others will do valve testing and rebuilding, others cleaning, painting, sandblasting and even hanging decals on completed cars, Mervis said.

He’s confident the company, which promises “above market wages,” will find enough qualified workers in the region to make the plant work, based on the training available and the work ethic the region and community are renowned for.

“You don’t make this kind of investment to repair hoppers or gondolas,” Mervis said.

“Outside the box”

Mervis is the fourth generation of his family to run the 90-year-old business, which now has metal, plastic and electronics recycling centers in eight cities spread over two states and employs nearly 400 people.

He started there when he was 12, Mervis said, and is now company CEO and president. His dad, in his 80s, still comes to work every day. A brother and sister are also in the business.

“There was way too much capacity for scrap,” Mervis said of the decision to expand into this newest venture. “From ’05 to ’08 everyone decided to add capacity. When demand isn’t growing 6 percent a year, you have to think outside the box.”

They’ve worked with the rail industry for more than a decade, first recycling cars and then reconditioning railroad castings, including couplers, yokes and side frames – “everything beneath the body but the wheels” – so he decided to leverage those relationships, Mervis said.

He came up with the idea more than a year ago, but it was when he hired Culligan in June, Mervis said, he really “felt this dream – almost – come true.”

A graduate of Ohio State in aviation engineering, Culligan worked for McDonnell Douglas for a number of years before joining a rail care building and leasing company. He worked first at American Railcar Industries and then Union Tank Car. He became chief fleet engineer there, running its repair shop in Valdosta, Georgia, then moved to Chicago to oversee eight facilities for Union Tank.

He then moved to TTX Company, a railroad cooperative which owns the nations’ largest fleet of freight cars which it provides to stockholding railroads. That’s where Mervis met him through a mutual friend, and lured him away.

North Dakota man relentless in push for safer oil by rail shipping

Repost from the Billings Gazette
[Editor: This is not a fluffy human interest story, but an important offering on the oil industry and regulators in North Dakota. Significant quote: “‘If you want to fix a problem, you go to the source of the problem,’ he said.  ‘You don’t prepare for something that doesn’t have to happen.’”  Another good quote: “Pressure to make North Dakota crude oil safe for interstate shipment is mounting on several fronts.”– RS]

North Dakota man relentless in push for safer oil by rail shipping

November 02, 2014, by Patrick Springer, Forum News Service
Ron Schalow of Fargo
Ron Schalow of Fargo has been an outspoken advocate of stabilizing Bakken oil to remove volatile gases before it is shipped by rail. | David Samson / Forum News Service

FARGO, N.D. — Ron Schalow isn’t bashful about expressing his caustic opinions. He once wrote a book scolding President George W. Bush for failing to prevent the 9/11 terrorist attacks.

Part of the title can’t be printed here, but the subtitle read, “The 9/11 Leadership Myth.”

More recently, the Fargo man, a frequent writer of letters to the editor, has focused his attention on explosive Bakken crude oil and rail safety – an issue that has drawn national attention after a series of fiery train derailments, including an accident that killed 47 people in Canada and one late last year near Casselton.

Schalow launched a petition drive originally called the “Bomb Train Buck Stops in North Dakota,” which he renamed the “Coalition for Bakken Crude Oil Stabilization,” a reference to the process for removing volatile gases.

Improbable activist

Schalow’s background makes him an improbable activist. His early career was spent managing restaurants and bars, with a stint as a minor league baseball manager.

More recently, he worked for software companies including Microsoft in Fargo, but said he grew weary of corporate culture and office politics and turned to freelance work.

He has assembled a loose network of people concerned about the crude oil stabilization issue, including local officials in Minnesota and other states, but laments he has found little support for his crusade in North Dakota.

Still, North Dakota leaders have been under pressure from the federal government and other states, including Minnesota, to treat crude oil before shipping it around the country by rail to refineries.

The North Dakota Industrial Commission is preparing new standards, likely to take effect Jan. 1, to “condition” crude oil before transport to address safety concerns. Separately, federal officials are drafting more stringent safety standards for tanker cars.

“I think we have to take some responsibility over what’s going over the tracks into Minnesota and the rest of the country,” Schalow said. “It has a lot to do with this is a product that’s coming out of my state.”

By his own admission, 59-year-old Schalow is not a consensus builder. A freelance writer for marketing clients, he isn’t a joiner by nature. Bespectacled, with a goatee, he is soft-spoken but adamant in expressing his views.

He has peppered North Dakota officials, including petroleum regulators and the three-member Industrial Commission, with emails calling for action and asking who is in charge of what he sees as a vital issue of public safety.

“I’ve badgered them relentlessly,” he said.

He is dismayed by what he regards as a sluggish state response, even after an official “tabletop exercise” last June that estimated 60 or more casualties if an oil train derailed and exploded in Fargo or Bismarck.

The exercise simulated a disaster similar to the blast that killed 47 and destroyed much of the town of Lac-Mégantic, Quebec, in July 2013.

For Schalow, the key to ensuring the oil is safe is to remove the volatile gases before shipping. Anything else, in his view, is passing along a potentially deadly problem for others to face.

“If you want to fix a problem, you go to the source of the problem,” he said. “You don’t prepare for something that doesn’t have to happen.”

Derailments costly

Dealing with an explosive derailment can be costly. New York officials estimated, for example, it would take $40,000 in foam to extinguish one tanker car.

In the rail accident near Casselton last December, 20 tanker cars derailed, 18 of which were breached, unleashing a series of explosions and an enormous fireball. Intense heat kept the firefighters far from the flames, which they had to allow to burn out.

No one was seriously injured or killed in the crash.

“They can’t be prepared for combat explosions,” Schalow said, referring to the explosive fires that Bakken crude derailments have produced. “What would they do?”

North Dakota officials in the governor’s office and Department of Mineral Resources declined to talk about Schalow’s advocacy, but said the state is moving ahead to improve the safety of crude oil transportation.

“Gov. (Jack) Dalrymple takes rail transportation safety very seriously and he believes it’s important to have the public weigh in on this important issue,” said Jeff Zent, a spokesman and policy aide for the governor, the highest-ranking member of the Industrial Commission.

“That’s why the Industrial Commission will announce further regulations aimed at improving the safety of oil rail transportation,” he added.

“Our goal has always been to make crude oil as safe as possible for transport, within our jurisdiction,” said Alison Ritter, a spokeswoman for the North Dakota Department of Mineral Resources, which regulates oil and gas production.

The department is also working with “the appropriate federal agencies to better communicate our role to make crude oil as safe as possible for transport,” Ritter said.

In contrast to North Dakota, most crude oil in Texas is stabilized before shipment. Pipeline companies routinely require stabilization before accepting shale oil.

“How hard is it to stand up and say I’m against trains blowing up in my town?” Schalow asked, referring to public officials’ initial reluctance to impose tougher standards.

A recent Forum Communications poll found that 60 percent of respondents were concerned about the safety of shipping crude oil by rail, but there has been no real clamor from residents, Schalow said.

“It’d be nice if someone stood up and defended me once or twice,” he said. As for holding a meeting of supporters, well, “Who would I call and who would dare show up? There’s no political will in this state except for that anonymous 60 percent.”

In Minnesota, Gov. Mark Dayton has urged North Dakota to stabilize oil before loading crude onto trains. An estimated 50 North Dakota oil trains roll through Minnesota each week, many with 100 tanker cars.

Pressure to make North Dakota crude oil safe for interstate shipment is mounting on several fronts.

Other states, including New York and California, where refineries take Bakken crude, are considering safety requirements.

“There’s a lot more angst across the country than there is here,” Schalow said, adding that most of his contacts are from other states, including New York, California and Washington state.

“I think he’s a pretty straight shooter,” said Tim Meehl, mayor of Perham, Minn., who is concerned about oil trains traveling through his town. “I think everything he says has a lot of merit to it.”

Meehl has not met Schalow, but saw him at a meeting in Moorhead earlier this fall attended by Dayton and local officials, and has exchanged emails with Schalow.

“They don’t want to step on toes out there,” Meehl, a native of Oakes, N.D., said of North Dakota officials’ deference to oil interests. “We need the oil. We just need to do it in a safer way.”

In North Dakota, residents and politicians seem reluctant to do anything that risks discouraging energy production, a powerful economic engine, Schalow said.

‘Quiet acceptance’

“You can’t say anything that might impact business, no matter what,” he said, describing what he regards as North Dakota’s curious culture of quiet acceptance.

Regulators aren’t alone in singling out oil tanker cars. BNSF announced last week that it will charge a $1,000 fee for each older crude oil tank car, more prone to puncture than newer models. By one estimate, that would add about $1.50 a barrel to the transportation cost.

In Texas, energy companies have invested hundreds of millions of dollars to make crude safer to handle. The cost of stabilizing crude oil could trim potential revenue by perhaps 2 percent, according to the estimate of an unidentified industry executive interviewed by The Wall Street Journal.

Schalow has been an outspoken critic of the Bush presidency and North Dakota leadership, but said he really has no allies in either political party.

A conservative blogger once described him as a “truther” for his criticisms of Bush, whom he castigated for failing to take pre-emptive action against al-Qaida despite warning signs of their terrorist ambitions. Schalow dismisses the “truther” label as unfair, saying he offered no conspiracy theories in his book.

He said the paperback sold 4,000 or 5,000 copies after it came out in 2006. No book is forthcoming on the issue of Bakken crude safety, but Schalow is unlikely to stop writing his letters, emails and Facebook posts.

“I don’t think it’s a political issue,” he said. “I think it’s a public safety issue.”

Richmond residents, leaders warn of danger from Bakken crude by rail shipments

Repost from The Richmond Confidential

Richmond residents, leaders warn of danger from Bakken crude by rail shipments

By Phil James, November 1, 2014
Kinder Morgan's Richmond depot takes in dozens of DOT-111 train cars laden with Bakken crude oil from North Dakota every week. (Phil James/Richmond Confidential)
Kinder Morgan’s Richmond depot takes in dozens of DOT-111 train cars laden with Bakken crude oil from North Dakota every week. (Phil James/Richmond Confidential)

If you go to the website explosive-crude-by-rail.org and zoom in on Richmond, what you’ll find is disconcerting. According to the 1-3 mile buffer zone on the map, the entire city and its 107,000 residents are in danger if trains carrying crude oil explode.

Such is the concern of several Bay Area environmental groups in Richmond who have drawn the City Council into an escalating dispute with the Bay Area Air Quality Management District and Kinder Morgan, which operates a local crude by rail transfer station.

“The health and safety of the community is at stake here,” Mayor Gayle McLaughlin said during a City Council meeting. “We are encouraging the air district to review the process.”

Richmond City Council on Tuesday unanimously passed a resolution to “review” and “if feasible, revoke” the permit given to Kinder Morgan – the 5th largest energy company in the United States — to take in crude oil by rail. Based in Texas, the company was founded in 1997 by two former Enron executives.

The crude, from the Bakken Shale of North Dakota, ignites and explodes more easily than more traditional crudes. On the heels of a major oil boom, transportation of crude by rail in the North America increased by 423 percent between 2011 and 2012, and more crude shipped by rail was spilled in 2013 than in the four previous decades combined.

In 2012, a train carrying Bakken crude derailed and exploded in Lac-Megantic, Quebec, killing 47 people and decimating the small Canadian town. This, among other incidents, has prompted the U.S. Department of Transportation to label Bakken transport by rail as an “imminent hazard”.

Several community groups have rallied to ban the movement of crude shipments through Richmond. Megan Zapanta of The Asian Pacific Environmental Network said she’s worried that a lack of attention could have dire consequences.

“Bakken crude has not been well-documented here,” she said. “If there’s some disaster, how will we get the word out to our immigrant community?”

Evan Reis, a structural engineer for Hinman Consulting Engineers, released a report earlier this year assessing the probability of a crude-laden train derailing in the East Bay.

He estimates there is a six in 10 chance of derailment on the line running from San Jose through Richmond to Martinez within the next 30 years.

“Given the fact that these are highly urbanized places we are going through,” he said by phone, “A 60 percent probability would be of concern to me.”

McLaughlin pledged to support Communities for a Better Environment (CBE) as they consider appealing the air district decision to grant Kinder Morgan a permit to funnel crude through Richmond by rail cars. The city does not have the jurisdiction to revoke any licenses or permits from the company. The permit must go through the air district, where it can be reviewed with respect to the California Environmental Quality Act (CEQA)

In March, CBE filed a lawsuit against BAAQMD for failing to publicly disclose the permit to the residents of Richmond. The group only noticed the arrival of crude by rail because a local television station, KPIX, discovered that Kinder Morgan was bringing Bakken crude to its Richmond depot.

The Tesoro refinery in Martinez receives the Bakken shipments by truck after they are transferred from the rail depot in Richmond. Richmond’s Chevron refinery does not take in any of the Bakken crude.

In September, the lawsuit was dismissed on technical grounds because the complaint by the CBE was not filed within 180 days of the permit’s issuance.

The permit, which was filed by BAAQMD staff in 2013, drew ire from environmental groups because it was not subject to an environmental impact report, and was granted without review from the district’s board.

Andres Soto, a representative of Communities for a Better Environment in Richmond, appealed to Richmond leaders to counter the decision.

“Kinder Morgan issued an illegal permit to bring Bakken crude into Richmond without public notice or review,” Soto said.

Ralph Borrmann, public information officer for the BAAQMD, declined to comment until the end of the appeal period. The CBE has considered a challenge of the ruling.

The Kinder Morgan depot has been taking in ethanol by rail since 2010, but they have since diversified their intake to include Bakken crude. Kinder Morgan officials, though, say the concerns are overstated.

“We didn’t feel that the profile of the crude oil arriving was materially different,” Melissa Ruiz, a spokesperson for the Texas-based company, wrote in an email.

Charlie Davidson, a member of the Sunflower Alliance speaking on behalf of CBE, disagrees.

“They’re basically running tin cans on 100 cars,” he told Richmond City Council. “The flash point [of Bakken Crude] is so volatile that it could burn in Antarctica.”

Randy Sawyer, Chief Environmental Health and Hazardous Materials Officer in Contra Costa County, acknowledged the dangers but also downplayed the risk of a major disaster.

“It’s a hazardous material and there’s concern of derailment and fire,” he said in an interview by phone. “But if you put it in relation to other materials, it isn’t as hazardous as chlorine or ammonia. It’s equivalent to ethanol or gasoline.”

“The biggest concern with crude by rail is not so much than the hazard being worse, it’s just the huge amount of quantity that’s being shipped by rail,” Sawyer said.

Since the dismissal of the lawsuit, other municipalities in the North Bay have rallied against crude by rail. In Sacramento, a lawsuit by Earth Justice prompted the local air board to revoke a permit from Inter-State Oil Company on the grounds that they did not disclose the potential public health and safety concerns to local residents.

Suma Peesapati, a member of Earth Justice, drew similarities between Sacramento and Richmond.

“Kinder Morgan’s project in Richmond is virtually identical to the air district issued permits for unloading crude in Sacramento,” she said. “The [Bay Area] Air District made it clear they issued a permit in error, rather than engage in this formal process.”

Despite the resolution passing, Richmond Councilmember Jael Myrick expressed just as much weariness as concern for the issue.

“The frustration that we had the last time we talked about this is it just seems there is so little we can do to combat it.”