Tag Archives: Local Regulation

Chicago City Council approves resolution targeting crude oil train shipments

Repost from The Chicago Tribune

Chicago City Council approves resolution targeting crude oil train shipments

By Richard Wronski, September 9, 2014
Moving oil by train
Empty railroad tank cars snake their way into a storage yard. (Curtis Tate / MCT)

A joint Chicago City Council committee approved a resolution today calling on the federal government to impose more stringent restrictions on the shipments of crude oil by train than were proposed in July by U.S. Transportation Secretary Anthony Foxx.

The action would put Chicago in the forefront of communities across the nation demanding tighter controls on the shipment of flammable liquids, especially crude oil trains, which are the equivalent of rolling pipelines.

In the most significant request, Chicago wants the federal government to give local municipalities the authority to impose a hazardous material transportation fee on shippers. The fee, which was not specified, would be used by the city to plan and respond to emergencies involving these shipments.

The measure, approved at a joint meeting of the finance and transportation committees, will go before the full city council Wednesday but approval was expected.

“The proceeds of such a fee would help insure that our firefighters and police officers who would answer the call for help have the necessary equipment and proper training to respond to a catastrophic railroad accident,” said Ald. Edward Burke, 14th, chairman of the finance committee and one of the resolution sponsors.

“Hopefully, our leaders in Washington will act promptly to protect millions of people in the Chicago area before, not after, a disaster strikes.”

The city’s action comes in response to the July 2013 runaway train carrying crude oil that derailed in Lac Megantic, Quebec, killing 47 people and destroying more than 100 homes and businesses.

The city is also calling for the federal restrictions to be imposed on trains carrying as few as 15 tank cars containing flammable liquids. The proposed federal rule on so-called “high-hazard flammable trains” would affect trains that carry 20 or more tank cars of flammable liquids, including crude oil and ethanol.

As many as 40 such trains come through Chicago and suburbs each week, the Tribune has reported.

Author of the 9/11 Rail provisions: Rail security requires local oversight of Bakken trains

Repost from Government Security News

Rail security requires local oversight of Bakken crude shipments

By Denise Rucker Krepp, 2014-09-09

The District of Columbia Council uncovered a serious homeland security flaw this week that should raise red flags for mayors and town managers around the country. In the nation’s capitol, local transportation officials aren’t conducting oversight over CSX and the goods it transports through the city. Similarly, officials are unfamiliar with the rail carrier’s security policies. DC transportation officials, as traditionally classified by the federal government, aren’t rail stakeholders with a need to know this information.

Rail stakeholders, as defined by the Transportation Security Administration, are class 1 freight railroads (CSX, Norfolk Southern), Amtrak, and regional and short line railroads. Members of these companies advise TSA on rail security matters and TSA provides them with security information. This relationship is further solidified in TSA’s strategic plan. The exclusive club does not include first responders nor local representatives from the communities through which the rail carriers transport goods.

By not including cities and towns as part of their stakeholder group, TSA has weakened the nation’s rail security system. Mayors and town managers control the first responder assets that will be used when the next Lac Megantic or Lynchburg occurs. TSA, however, as DC transportation officials told the DC Council this week, doesn’t require local officials to review rail security plans covering their jurisdiction. Absent a comprehensive review, they won’t know if their assets are sufficient to respond to a significant accident.

TSA’s definition of rail stakeholder was upended this summer when Secretary of Transportation Foxx mandated that rail carriers share information regarding Bakken crude with local officials.  For the first time, a federal department broadened the definition to include first responders and emergency managers. The Implementing Recommendations of the 9/11 Commission Act included information sharing requirements but TSA never followed through with them.

The lack of knowledge is problematic because local officials approve rail permits for projects like the proposed Virginia Avenue Tunnel project in DC. These officials however, have not include homeland security threat information in their permit analysis. They couldn’t. Local officials didn’t have this information before Secretary Foxx’s order. Thankfully, his order will increase the flow of information to local officials and will enable them to finally complete a more thorough analysis before making critical permitting decisions.

It’s my hope that Secretary Foxx’s order will be formalized by the Department of Homeland Security. DHS indicated in its Spring 2014 unified regulatory agenda, that TSA will be drafting regulations concerning rail security plans and other measures outlined in the 9/11 Act. These regulations will firmly establish the federal government’s expectations and one of these should be the inclusion of state and local officials in the decision making process.

Denise Rucker Krepp is an attorney, transportation and energy consultant, former special counsel to DOT and the U.S. Congress, and author of the 9/11 Rail provisions.

Chicago Area Mayors Meet with Feds, Call For Improved Safety Measures For Oil Trains

Repost from CBS2 Chicago

Mayors Call For Improved Safety Measures For Oil Trains

August 20, 2014
Firefighters douse a blaze after a freight train loaded with oil derailed in Lac Megantic in Canada's Quebec province on July 6, 2013, sparking explosions that engulfed about 30 buildings in fire.  More than 40 people were killed as a result of the crash and fire. (Photo redit: François Laplante-Delagrave/AFP/Getty Images)
Firefighters douse a blaze after a freight train loaded with oil derailed in Lac Megantic in Canada’s Quebec province on July 6, 2013, sparking explosions that engulfed about 30 buildings in fire. More than 40 people were killed as a result of the crash and fire. (Photo redit: François Laplante-Delagrave/AFP/Getty Images)

CHICAGO (CBS) – Federal railroad officials got an earful Wednesday from the mayors of several Chicago area towns that have been affected by a growing number of increasingly long trains hauling crude oil and other volatile materials.

WBBM Newsradio’s John Cody reports the mayors expressed concerns about traffic congestion and public safety from freight trains that they said have been getting longer and more dangerous, due to larger amounts of flammable crude oil they haul in outdated tanker cars.

The mayors spoke directly to Federal Railroad Administrator Joe Szabo and Surface Transportation Board Chairman Dan Elliott III, at a meeting arranged by U.S. Sen. Dick Durbin.

The senator said approximately 25 percent of all freight train traffic travels through the Chicago area each day, including 40 trains hauling crude oil.

Barrington Village President Karen Darch said the village has seen a stark increase in the number of completely full freight trains hauling 100 or more carloads of crude oil or ethanol along the Elgin, Joliet and Eastern Railway.

“Before, half of the community didn’t even know where the EJ&E Line was. There were a couple of trains at night. Now, several times a day, traffic – all traffic – comes to a halt as the train passes through town, and these can be hundred-car trains,” she said.

quebec derailment 1 Mayors Call For Improved Safety Measures For Oil Trains

 

Darch and other Chicago area mayors said their constituents have been plagued by frequent traffic jams caused by long trains rolling through the area, and are constantly worried that a fire or worse could erupt on old tankers carrying volatile liquids.

They mayors expressed concerns about a repeat of a July 2013 freight train derailment in Quebec that killed 47 people and destroyed dozens of buildings when multiple tanker cars filled with crude oil caught fire and exploded.

Aurora Mayor Tom Weisner said safe passage is mandatory.

“About a third of the rail accidents that do occur are related to failures of the rail infrastructure itself, and so our position is basically twofold: one, improve the tank cars and get rid of the ones that aren’t safe; and second, make the rails safe.”

Durbin said the issue requires some time to address.

“I’ve talked to the tank car manufacturers, and they understand that they have two responsibilities: build a safer car, but in the meantime retrofit existing cars,” he said.

The senator said there is no way to immediately and completely ban older style oil tanker cars, but said federal railroad officials are aware of the danger they pose, and that they must be upgraded or replaced as soon as possible.

Darch urged federal authorities to institute increased safety controls and reduced speed limits for even small trains hauling crude oil.

“A huge concern for us is what about all the trains that come through that have 19 cars or less of hazmat,” she said.

Federal railroad officials said proposed federal regulations would require increased testing to keep crude oil out of older style tankers. Railroads also would be required to notify local officials when crude oil trains will roll through, and impose a 40 mph speed limit on such trains.

Big oil: influence peddling in California and the Bay Area

Repost from Air Hugger
[Editor:  Global Community Monitor‘s excellent blog, Air Hugger, has been around since early 2010.  Tamhas Griffith’s piece is a thorough exploration of the oil industry’s influence over local, regional and California government officials.  See especially his expose on the behavior of Jack Broadbent, Chief Air Pollution Control Officer of the Bay Area Air Quality Management District.  – RS]

Influence

By Tamhas Griffith, August 14, 2014

Recently I have been spending more time in city and county meetings where the topic is theoretically how local government will regulate the activity of a local refinery – which is actually a multi-national multi-billion dollar entity with a local franchise.  Somehow during these meetings the regulation of health and safety of the community always seems to take a back seat to jobs and money.

We all know  one thing that these big oil companies have is a lot of MONEY. For example, the 2013 profits for the BIG 5 oil companies, you know, BP, Chevron, Conoco Phillips, ExxonMobil, and Shell­­­­­­ – were $93.3 billion last year! That’s $177 G’s  per minute.

Admittedly, Big Oil companies do have some expenses. But where they are spending this money Top 5 oil co graphmay surprise you.

Over the past 15 years, Big Oil spent $123.6 million to lobby Sacramento and $143.3 million on California political candidates and campaigns. I wouldn’t know from experience but I’d bet you can make a lot of friends with that much money dropping out of your pockets, year after year.

These friends might attach more importance to Big Oil’s concerns about over-regulation than they would to a resident who might not have the funds to contribute to anyone’s campaign fund.

A recent report by the Alliance of Californians for Community Empowerment Institute (ACCE) and Common Cause, “Big Oil Floods the Capitol: How California’s Oil Companies Funnel Funds into the Legislature,” speaks to the extreme power of the Oil and Gas Lobby, as well as the Western States Petroleum Association (WSPA) in Sacramento.

Dan Bacher, California Central Valley reporter for IndyBay, in his review of the report, noted that the

“fact that the oil industry is the largest corporate lobby in California, one that dominates environmental politics like no other industry“ makes California “much closer to Louisiana and Florida in its domination by corporate interests.”

Another way oil companies grease the wheels of influence is through their charitable giving in local oil and gas lobbycommunities. Where I live in Martinez, the yellow Shell refinery logo is on virtually all city events including our local Earth Day celebration located at the historic home of iconic environmentalist John Muir.  In Richmond, Chevron ladles out millions of dollars to local social services nonprofits working with low-income Richmond residents while simultaneously polluting their community.

These kinds of donations seem  to  reduce  short term costs for the local government, but there is a very real long term cost as well.

And one of the most insidious dynamics is that city budgets are structurally reliant on tax revenue from refineries.   According to the Contra Costa Times, “tens of millions in Chevron tax revenue bolster the [Richmond] city budget, providing police and other services that similarly sized cities in Contra Costa County can only dream about.”

It certainly seems like Big Oil has a stranglehold on California politics and regulatory agencies. Recently, the Bay Area Air Quality Management District (BAAQMD) came out in favor of Chevron’s expansion project.  After being advised by members of the Stationary Source committee that the appropriate behavior would be to merely answer questions at the Richmond meetings, BAAQMD Chief Air Pollution Control Officer, Jack Broadbent, chose to sign up as a speaker at both Richmond public meetings. He spoke in favor of the Chevron project and formally stated that there was no scientifically feasible way to mitigate condensable particulate matter for the Chevron project. This kind of emission from refineries is composed of carcinogenic particles about 1 micron in width that can lodge deep down in your lungs – see reference below.

microns

Prior to the two Richmond meetings, it had been clearly spelled out for the BAAQMD Stationary Source committee by multiple experts (with Broadbent present) that there was a mitigation technique (SCAQMD FEA Rule 1105.1) that would lessen pollution in Richmond by some 56 tons of the worst stuff you can breathe per year. And it has been mitigated since 2003 in the South Coast Air Quality Management District. So, choosing not to mitigate the really dangerous stuff pouring out of Chevron, like cancer-causing condensable particulate matter, is an impossible conclusion to reach by the authority charged with air quality control. Especially when you know otherwise. This is a 56 ton stain on the BAAQMD board and staff. And 56 tons of micron sized particles are unnecessarily heading for the lungs of the men, women, children, and animals that live or work in Richmond over the next year.

Is anyone at these BAAQMD meetings pushing for cleaner air except the community rights advocates?  What influence removes the teeth from the bill, waters down the regulation at the last minute, and causes people to lose their most basic moral compass?  A healthy community and environment should always be the priority.  And nothing should influence you to believe otherwise.

-Tom Griffith, Martinez Environmental Group, August 14, 2014.