Tag Archives: Local Regulation

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.

Seattle emergency planners: Oil train hazard in 100-year-old tunnel

Repost from The Columbian
[Editor: An important local study, calling for better disaster preparedness.  Significant quote – “…oil trains travel through three significant zones in Seattle: passing within blocks of two stadiums, through the downtown tunnel, and along the north end, which has limited access because of high banks along the waterfront.”  – RS]

Oil trains called hazard in old Seattle tunnel

Report says railroad, city must prepare to limit a catastrophe
By PHUONG LE, Associated Press, September 16, 2014
A long line of rail tanker cars sits on tracks south of Seattle, Tuesday, Sept. 16, 2014. In a report to the Seattle City Council, city emergency planners say more must be done to lower the risk of a possible oil train accident and improve the city’s ability to respond. (AP Photo/Ted S. Warren) (Ted S. Warren/AP)

SEATTLE — With increasing numbers of trains carrying volatile crude oil through Seattle’s “antiquated” downtown rail tunnel, city emergency planners say more must be done to lower the risk of an oil train accident and improve the city’s ability to respond.

In a report to the Seattle City Council, emergency managers warned that an oil train accident resulting in fire, explosion or spill “would be a catastrophe for our community in terms of risk to life, property and environment.”

BNSF Railway can make immediate safety improvements in the mile-long 100-year-old rail tunnel that runs under downtown Seattle, including installing radio communication, a fire suppression system to release water and foam, and a permanent ventilation system, according to the report written by Barb Graff, who directs the city’s office of emergency management, and Seattle assistant fire chief A.D. Vickery.

About one or two mile-long trains a day carrying shipments of crude oil from the Bakken region of North Dakota, Montana and Canada through the city of about 630,000 residents.

Several refineries in the state are receiving shipments of crude oil, and the others are upgrading facilities to accept oil trains. Once refineries are able to accommodate additional shipments, three or more trains could pass through Seattle each day, the city report said.

Oil trains currently enter Washington state near Spokane, and travel through the Tri-Cities and along the Columbia River before traversing Seattle to refineries to the north. In the state, as many as 17 trains carry about 1 million gallons of crude oil a week through several counties, including Spokane, Benton and Clark, BNSF reported to the state in July.

“We know they can explode. We’ve seen the tragedy in Canada. We know they can derail. That happened two months ago in our own city,” said Councilor Mike O’Brien, whose committee scheduled a special meeting Tuesday night to discuss the report. “We have to treat this as a real threat.”

Oil-train derailments have caused explosions in North Dakota, Virginia, Alabama and Oklahoma, as well as in Quebec, where 47 people were killed when a runaway train exploded in Lac-Megantic in July 2013.

Two months ago in Seattle, three tanker cars derailed as an oil train bound for a refinery in Anacortes pulled out of a rail yard in Seattle. BNSF officials noted at the time that nothing spilled, and a hazardous materials crew was on the scene in 5 minutes, but the incident raised new concerns.

BNSF spokesman Gus Melonas said the railway has improved tracks and roadbed to ensure that trains travel the tunnel safely. He said the concrete-lined tunnel is inspected regularly and is “structurally safe.”

“We’ll review the (city) report further,” he said. “We take safety extremely seriously and the operation of trains is a top priority, and we’ll continue to enhance our safety process.”

The railway plans to locate a safety trailer with foam equipment and extinguishers in the Seattle area, and plans to continue to train Seattle firefighters and responders.

Seattle’s report notes that oil trains travel through three significant zones in Seattle: passing within blocks of two stadiums, through the downtown tunnel, and along the north end, which has limited access because of high banks along the waterfront.

“The tunnel runs under all of downtown. What happens if something goes wrong there?” O’Brien said. “We’ve heard the fire department say we aren’t sure we can send firefighters to fight if it’s too dangerous.”

Oil trains typically move at about 10 mph through the tunnel, less than the maximum speed of 20 mph, and do not operate in the tunnel at the same time as a passenger train, BNSF’s Melonas said.

A derailment and fire involving Bakken oil tank cars could stress fire department resources, the report said. It recommends limiting track speeds in high-density urban areas, and that the railroad company help pay for specialized training, sponsor annual drills to respond to tank car emergencies and provide a foam response vehicle to use in case of an oil train accident.

Eric de Place, policy director for Sightline Institute, an environmental think tank, said other local governments should be doing similar reviews.

“Railroads don’t carry near the rail insurance they need,” he said. “If there’s a meaningful risk, the railroads should have to be insured against it and they should have to find private insurance.”

Letter from railroad attorneys to Governor Brown: in effect, ‘You can do nothing’

Letter from Union Pacific & BNSF attorneys to Governor Brown

By Roger Straw, Editor, The Benicia Independent

On September 15, 2014, San Francisco Baykeeper offered highly critical comments to the City of Benicia on Valero’s Draft EIR. With their comments, Baykeeper attached a VERY interesting letter from attorneys for the two railroads that operate in California, claiming that preemption under The Federal Rail Safety Act and the Interstate Commerce Commission Termination Act render the State of California pretty much helpless in protecting against oil spill prevention and emergency response.

The letter specifically holds that the Federal Clean Water Act is useless as a preemption workaround.

Addressed to Dana Williamson, Cabinet Secretary in Governor Brown’s office and dated July 3, 2014, the letter addresses issues discussed in a June 18, 2014 meeting between Ms. Williamson and the lawfirm Latham & Watkins.   The letter is signed by Maureen E. Mahoney of Latham & Watkins LLP, Counsel for Union Pacific Railroad Co. and BNSF Railway Co.

Note that this document is lawyer-talk, and I am not versed in legalese, so I hope my interpretation in the previous paragraph is accurate.  I’m advised by a local activist attorney that the document is significant, so am posting it here to highlight the rail industry’s views and their efforts to influence decision-makers in Benicia and elsewhere in California.

New Jersey town council presses for moratorium on use of older tank cars

Repost from NORTHJERSEY.COM
[Editor: Significant quote by Teaneck Town Councilman Mark Schwarz: “‘If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress’ to act, ‘then we’re going to die of old age.'”  – RS]

Teaneck Council presses for moratorium on use of older tank cars on oil trains through town

SEPTEMBER 11, 2014, BY AARON MORRISON

TEANECK — Local officials are pushing for a moratorium on the use of old tankers to carry millions of gallons of highly explosive materials on rail tracks through town.

Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns.
Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns. | CHRIS PEDOTA/STAFF PHOTOGRAPHER

Residents and members of the Township Council have expressed concern about the safety risks posed by crude oil traveling in substandard railcars that federal regulators have cautioned against.

The Record has reported that at least 7 million gallons per day of highly combustible Bakken crude oil comes through 11 Bergen County towns — Northvale, Norwood, Harrington Park, Closter, Haworth, Dumont, Bergenfield, Teaneck, Bogota, Ridgefield Park and Ridgefield – on the CSX River Line.

Concerns over the crude on the railways have mounted in recent months after a series of fiery accidents and derailments in North Dakota, Alabama and Virginia. Last summer, 47 people were killed when a train carrying Bakken crude derailed in a small Quebec town.

The Teaneck Council passed a resolution Tuesday night calling for the temporary ban until federal regulators have deemed the tankers adequate. Though ceremonial, the council hopes neighboring North Jersey communities will join in amplifying the message.

“The transportation of this material in such close proximity to homes, businesses and our water supply, raises serious public safety concerns and requires that we take immediate action to eliminate this hazard,” the resolution states.

Mayor Lizette Parker on Tuesday night said the township should hold federal lawmakers accountable, while other members of the council asked for development of a township emergency response plan, in the event of a derailment.

“This is a safety issue that needs to be important to them,” Parker said. “We do have the power of influence. And I don’t mean the seven of us” on the council. “I mean the 39,000 of us.”

Councilman Jason Castle urged his colleagues to consider an emergency management plan he said he circulated “two sessions ago.”

“My daughter just started school at the Rodda Center — she’s at the preschool there and the tracks run right by the Rodda Center,” he said.

Councilmen Henry Pruitt and Mark Schwartz said the township should find other strategies that don’t rely on action from officials in Trenton and Washington.

“If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress” to act, “then we’re going to die of old age,” Schwartz said.

Enlisting other towns

While New Jersey officials declined to reveal the number of trains that travel on the rail line, citing security risks, documents provided by New York State officials showed between 15 and 30 oil trains are entering Bergen County from Rockland County each week. The trains also travel through Hudson, Essex, Union, Middlesex, Somerset and Mercer counties, according to a map on CSX’s website.

Rail executives this year agreed to more track inspections and a reduction in train speeds in highly populated areas, but they haven’t been swapping out their fleet of old tanker cars. Even though the National Transportation Safety Board has called the tankers inadequate for transporting such flammable materials, federal officials are only recommending that railway companies stop shipping crude in the old cars.

Two weeks ago, the Teaneck Council asked Township Manager William Broughton to send letters to the other Bergen County municipalities along the CSX line. Broughton told the council he had not received any responses as of Tuesday.

The manager also said the township is already working with CSX “on this issue of preparedness and response.” This week, CSX paid for one of the township’s deputy fire chiefs to attend safety training in Pueblo, Colo. The course deals specifically with fires from crude oil, Broughton said.

Residents at Tuesday’s meeting praised the council’s attention to the issue. Some even vowed to take drastic measures to stop the trains from coming past their homes and businesses and force federal reforms.

“I will personally sit on those tracks, and anyone else who wants to can join me,” said Paula Rogovin, who organized a protest at one of the railway bridges in town.