By Roll Call Staff, March 13, 2015 9:55 a.m.
Sen. Heidi Heitkamp, D-N.D., center, is urging OIRA to “quickly finalize” regulations on rail shipment of crude oil. (Photo By Bill Clark/CQ Roll Call)
“Oh Ira, why can’t you work more quickly?” That might’ve been what tunesmith George Gershwin said to his lyric-writing brother Ira Gershwin. But for transportation purposes, it’s essentially what Sen. Heidi Heitkamp, D- N.D., said Thursday to OIRA – pronounced “oh-Ira” – the Office of Information and Regulatory Affairs, within the Office of Management and Budget.
OIRA is where proposed regulations go for a final vetting and it now has under review a series of proposed rules on more robust oil tank cars and safer transport of crude oil.
In a letter to OMB director Shaun Donovan, Heitkamp urged OIRA to “quickly finalize” the regulations so that shippers and first responders can know what they must do to more safely ship crude oil. Much of that oil comes from the Bakken formation in Heitkamp’s state and in Montana and is carried by rail to refineries on the East Coast and the West Coast.
She cited the December 2013 derailment, explosion and fire in Casselton, N.D., noting that while no one was killed in that incident “we were lucky… but we cannot depend on luck.”
Meanwhile House Transportation and Infrastructure Committee ranking member Peter A. DeFazio, D- Ore., has asked the Government Accountability Office to report to him on what railroads and the federal government are doing to prepare for an oil train derailment and fire “particularly in the most remote and environmentally sensitive areas”
DeFazio specifically asked the GAO to examine what the railroads are doing to preposition “critical resources necessary to respond to spills in both urban and rural areas, including forest lands, with limited road access, prone to catastrophic fire, or at-risk due to long-term drought” and to preposition “critical resources to contain and clean-up oil spills into rivers or other water bodies.”
As the Oregonian reported last year, “Eighteen oil trains a week move along the Washington side of the Columbia River Gorge.” Part of the gorge is a national scenic area and it borders national forests.
Repost from ArtVoice, Buffalo, NY [Editor: Professor Niman has written a thorough examination of crude-by-rail issues. The local (Buffalo NY) perspective is no drawback. This is an excellent reference article no matter where you are. For example, if/when Benicia approves a permit for Valero’s proposed Crude By Rail project, everyone uprail from here can expect to be the new Buffalo. – RS]
Buffalo’s Bomb Trains
By Michael I. Niman, February 26, 2015
With one third of Buffalo’s population living in a disaster evacuation zone, the local media’s silence is deafening.
They span over a mile long containing up to 140 tank cars and as much as 4.5 million gallons of some of the nastiest forms of crude oil on earth, pumped from “extreme” extraction operations in North America’s new oil boomtowns. They cross rivers and transverse open plains, wilderness forest and some of the most densely populated urban areas in the country. Occasionally, with alarmingly increasing frequency, they careen off into rivers, catch fire and explode, or both. When spilled in water, their heavy oil exterminates river ecosystems. When they blow up, they release the fires of hell, with one oil train accident in 2013 wiping out most of the town of Lac-Mégantic, Quebec, killing 47 people and gutting its downtown. That’s when folks started referring to these explosive steel snakes as “Bomb Trains.”
This is one of the dark sides of North America’s fossil energy boom—the backstory on cheap fuel. The uptick in oil production comes from using extreme means to recklessly drill oil, using carbon-intensive methods like fracking to extract environmentally dangerous low grade oils such as Bakken crude from Montana and North Dakota. This oil, pumped from the dolomite layer of the Bakken geological formation, which also underlies portions of the Canadian provinces of Saskatchewan and Manitoba, is more volatile than conventional oils, with a lower flashpoint for explosion. When rail cars started to blow in Lac-Mégantic, The National Post reported a blast radius of over one half mile.
The United States National Transportation Safety Board estimates that about 400,000 barrels a day of this oil make the trip to Atlantic Coast refineries, with 20 to 25 percent moving through the port of Albany. Much of this Albany-bound oil moves across New York utilizing rail lines passing though the hearts of Buffalo, Rochester, Syracuse and Utica. Oil from Canada crosses the Niagara river, entering the US both in Niagara Falls, and via Buffalo’s 142 year old International Railroad Bridge, as well as taking a northern route, dropping down from Quebec on tracks passing through the Adirondack Park, including about 100 miles of Lake Champlain watershed shoreline. Non Albany-bound oil, such as some shipments from Buford, North Dakota to Houston, Texas, also take an unlikely route through Buffalo.
Though much of this oil winds up moving through New York State, federal law limits the state’s authority to regulate it. While crude oil can be stabilized to make it less volatile in transit, whether or not it receives such treatment is up to the discretion of regulators in the state that produces it—not necessarily the states through whose cities it will roll. Most of the explosive Bakken crude coming our way originates in North Dakota, where the energy industry all but owns the legislature, fertilizing the state’s anti-regulatory zeitgeist with a healthy dose of cash. The end result is, whatever passes for a state government in North Dakota fails to meet even Texas’s modest safety standards for anti-explosive fuel stabilization.
The Association of American Railroads reports that, thanks to the Bakken and Tar Sands oil booms, the amount of oil moving across the country by train has increased 45 fold (4,500 percent) from 2008 through 2013, with the volume continuing to increase through 2014 and 2015. As a result, more oil spilled from oil trains in the U.S. in 2013 than in the preceding 37 years. The number of accidents increased in 2014, and seems to be steadily increasing this year, with oil trains derailing and blowing up last week in West Virginia and northern Ontario. The Associated Press reports that the U.S. Department of Transportation now predicts an average of ten derailment accidents a year involving crude oil or ethanol tank cars over the next twenty years, “causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.” It’s no longer a matter of “if” there will a catastrophic oil train derailment.
Both the New York State Office of Fire Prevention and Control, and the United States Department of Transportation recommend evacuating a one half mile perimeter around accidents involving railroad tanker cars carrying flammable liquids. Karen Edelstein, a researcher and the New York Program Director for the FracTracker Alliance, mapped oil train routes across the state, adding overlays for this evacuation zone, and for schools and hospitals. Her data shows that statewide, there are 502 public schools situated within potential evacuation zones. In Buffalo, about one third of the population live within one half mile of these bomb train routes, and 27 public schools and eight private schools lie within potential evacuation perimeters as well. This includes PS 42, which serves students with disabilities, and is located adjacent to the track. Sister’s Hospital and the Buffalo Zoo are well within this perimeter, which skirts the Buffalo State and Erie County Medical Center campuses. If we freak out when it snows, how well are we going to handle what appear to be atomic fireballs, should one of these trains blow up?
While the profits from this oil boom have been privatized, much of the cost associated with reckless extraction have been externalized, meaning dumped on the public. Aside from the obvious environmental costs that we and future generation will have to bear, are the less visible emergency preparation costs that every school, hospital and municipality within a half mile of bomb train routes must now cover. In Buffalo, this means 35 schools need to work with local emergency services providers to develop plans to quickly evacuate students not just from buildings, but from neighborhoods, all with a possible backdrop of explosions, sirens and billowing smoke.
While it’s not statistically likely that a train will explode in Buffalo or any other specific place, it is a certainty that trains will keep exploding with increasing frequency across the U.S. and Canada. This means that cash strapped municipalities across the continent will have to develop plans to address a catastrophe we know for certain will befall some of our communities.
Addressing this risk involves not just planning to respond to it, and maintaining an emergency response network capable of responding, but also working to prevent such a catastrophe. A report from the Cornell University Community and Regional Development Institute points out that this involves a multitude of responsibilities, such as monitoring surface rail crossings to prevent vehicle train collisions that can lead to a derailment. Such responsibility, the report notes, usually falls to local police forces that often lack the personnel to do this. Likewise, federal regulators lack the personnel to inspect the nation’s rail infrastructure, and state Departments of Transportation lack the resources to adequately inspect bridges crossing railroad tracks. All of these costs fall not on the oil or railroad industries, but on government agencies, with much of this work not being done due to budget constraints.
What little planning there is to deal with an oil train explosion is alarming to read. A three car fire requires, according to the New York State Office of Fire Prevention and Control , 80,000 gallons of water for laying down a fire retardant foam blanket and cooling adjacent rail cars. Hence, the state recommends, if there is “NO life hazard and more than 3 tank cars are involved in fire OFPC recommends LETTING THE FIRE BURN unless the foam and water supply required to control is available” [sic.]. The wording here is ominous, with the availability of the required foam and water not being the default expectation, but instead, simply a possibility. This language is there for a reason, however. The Auburn Citizen, in central New York, quotes Cayuga County Emergency Management Office Director Brian Dahl, who, in response to a question about his county’s ability to respond to an oil train fire, unequivocally states, “The amount of foam and water you would need, there’s just not enough in central New York.”
While oddly inferring that maybe you should put the fire out if you have adequate foam and water, even if there is no “life hazard,” the state’s instructions don’t mention what to do if there is a life hazard, but no foam or water. Also troubling is their inference that if more than three cars are on fire you should just give up. Last week’s fires in Ontario and West Virginia saw seven and fourteen cars ablaze respectively, with each fire burning for over 24 hours. In all caps, the state’s instructions warn responders,
“All resources must be available prior to beginning suppression.”
It doesn’t give any suggestions as to what to do if you can’t move the water to the fire, or have the foam necessary to smother a dragon. None of the suggested responses are tolerable should an oil train explode in an urban environment.
Dr. Michael I. Niman is a professor of journalism and media studies at SUNY Buffalo State. His previous columns are at artvoice.com, archived at www.mediastudy.com, and available globally through syndication.
Pipeline Explodes In West Virginia, Sends Fireball Shooting Hundreds Of Feet In The Air
By Emily Atkin, January 27, 2015
A gas pipeline in Brooke County, West Virginia exploded into a ball of flames on Monday morning, marking the fourth major mishap at a U.S. pipeline this month.
No one was hurt in the explosion, but residents told the local WTRF 7 news station that they could see a massive fireball shooting hundreds of feet into the air. An emergency dispatcher reportedly told the Pittsburgh Tribune-Review that the flames had melted the siding off one home and damaged at least one power line. The gas pipeline is owned by Houston, Texas-based The Enterprise Products, L.P., which said Monday evening that it is investigating the cause of the explosion.
The West Virginia explosion is the fourth in a string of news-making pipeline incidents this month. Earlier this month, a gas pipeline in Mississippi operated by GulfSouth Pipeline exploded, rattling residents’ windows and causing a smoke plume large enough to register on National Weather Service radar screens. On Jan. 17, a pipeline owned by Bridger Pipeline LLC in Montana spilled up to 50,000 gallons of crude oil into the Yellowstone River, a spill that left thousands of Montanans without drinkable tap water. Just a few days later, on Jan. 22, it was discovered that 3 million gallons of saltwater drilling waste had spilled from a North Dakota pipeline earlier in the month. That spill was widely deemed the state’s largest contaminant release into the environment since the North Dakota oil boom began.
The four incidents come while American lawmakers are entrenched in debate whether the controversial Keystone XL pipeline — a proposed 1,700-mile line that would bring up to 860,000 barrels of Canadian tar sands crude oil down to Texas and Louisiana refineries every day — is in the national interest.
One of arguments most often made by environmentalists against the pipeline is that, if a spill were to occur from Keystone XL, it would be harder to clean up than a spill from a conventional oil or gas pipeline. Canadian tar sands oil is thicker and more sludgy than regular oil, and does not float on top of water like conventional crude. Instead, it gradually sinks to the bottom. Environmentalists are particularly concerned about the fact that Keystone XL would pass over the Ogallala aquifer, Nebraska’s primary source of drinking water. Nebraska’s state Department of Environmental Quality has said that a spill in or around the aquifer would only affect local, not regional water sources.
The Republican-controlled House of Representatives has already passed a bill approving Keystone XL’s construction, and the Senate is expected to pass an identical bill this week, though it has come up against unexpected procedural hurdles. President Obama has pledged to veto the bill.
Phillips 66 Runs into Public Resistance over Proposal to Lay New Tracks and Unload More Canadian Crude
By Natalie Cherot, January 23, 2015
A slow-moving pipeline moves a haul of crude oil to a refinery just north of the Santa Barbara County border. Stand on the nearby coast’s 18,000-year-old sand dunes and look away from the sea, and a perfect view emerges of the expansive Phillips 66 Santa Maria Refinery. The name is a misnomer. The San Luis Obispo facility on the Nipomo Mesa is 17 miles northwest from the City of Santa Maria. Directly south is the Santa Maria River.
Golden Sierra Madre mountains shimmer in the distance, and hearty sage scrub surrounds its perimeter alongside grazing cattle. The night sky around the facility is never dark; its aquarium lights border on festive. The illumination is necessary because the refinery is open 24 hours a day, 365 days a year. It begins the process of turning crude into a finished product like gasoline, diesel, or jet fuel, and pumps the semi-refined batches 200 miles north to the San Francisco Bay Area plants for finishing.
With oil prices dropping and California supplies both dwindling and facing harsh competition from North Dakota, much speculation swirls on the question of what kind of oil will arrive to the refinery on the dunes in the coming years. Right now it is “mostly used for California-produced oil,” said Phillips 66 spokesperson Rich Johnson.
But as of 2013, Phillips 66’s newest product is Canadian tar sands, a thick, gooey combination of clay, sand, water, and viscous bitumen. It’s hard to control and expensive to process. The Kearl Lake tar sands field cuts through Alberta’s boreal forest and wetlands, and has been turned into a mined landscape. An estimated 170 billion more barrels are still available for the taking.
In the summer of 2013, Phillips 66 submitted permit applications to San Luis Obispo County’s Planning Commission to add 1.3 miles of train track to its Santa Maria Refinery’s existing rail spur so crude can be delivered by train rather than by pipe. The proposed upgrades, which include five parallel tracks, an unloading facility, and new on-site pipelines, wouldn’t increase the amount of crude processed at the facility — volume is capped by the county’s Air Pollution Control District — but they reflect an increasing amount of oil train traffic across the country. BusinessWeek.com reported that it’s tripled in the last four years.
According to the project’s draft Environmental Impact Report (EIR), the facility would be able to handle five train unloads a week for a maximum of 250 a year. Each train with about 80 tanks on board would carry between 1.8 million and 2.1 million gallons of crude.
A first draft of the EIR — which indicated that both Canadian tar sands and North Dakota Bakken formation crude would be carried on the trains — was published that fall and received 800 public comments. The massive amount of feedback, much of it negative, prompted the Planning Commission to delay a final decision on the project. The commission issued a second 889-page draft EIR in October 2014, and a few weeks from now, a public comment period will take place. The date has not been finalized.
The biggest contention in the first draft was about Bakken crude. “The bottom line is Bakken Crude likes to burn and it will not take much to get it going,” wrote Paul Lee, battalion chief for the California Department of Forestry and Fire Protection in a letter to the San Luis Obispo Planning and Building Department. For preparation of the second draft EIR, Phillips 66 requested the county “delete statements suggesting that the Bakken oilfield as the most likely source of crude oil.” The new draft EIR states no Bakken will arrive by rail. Phillips’s spokesperson Rich Johnson said the refinery can’t handle the sweeter, lighter Bakken crude, as it specializes in the ultra-heavy tar sands.
Four accidents involving Bakken crude are mentioned in the latest report. A 30,000-barrel spill occurred in April 2014 in Lynchburg, Virginia, when a transport train derailed and erupted into flames. In November 2013, a train jumped the tracks in Aliceville, Alabama. Twelve tanker cars of Bakken spilled and caught fire. The next month, another oil train crashed in Casselton, North Dakota, where 20 cars of Bakken exploded and burned for 24 hours. Forty-seven people died when a train carrying the crude derailed and exploded in Quebec on July 2013.
The Pipeline and Hazardous Materials Safety Administration has issued a warning to move transportation of Bakken oil away from highly populated areas because of explosion risks. “Most think that Crude will not get going unless it gets warmed up first and in some cases that is correct, [but] Bakken Crude does not need to be aggravated to burn or even explode,” wrote Lee. “The NTSB (National Transportation Safety Board) is concerned about its ability to explode so much in fact that there is a recommendation to have rail avoid populated areas.”
Phillips 66’s rail expansion plan is part of larger national strategy to better accommodate tar sands coming out of the ground quicker than the current system of pipelines can handle. “Our real challenge that we have, or opportunity that we have, is to get advantaged crudes to the East Coast and West Coast,” said Greg Garland, chairman and CEO of Phillips 66, at the Barclays CEO Energy-Power Conference last year. “So we’re working that in terms of moving Canadian crudes down into California or building rail facilities.”
Two thousands miles north in Alberta, Canada, the contentious Keystone XL pipeline would transport tar sands through Montana, Nebraska, Illinois, Oklahoma, and Houston. The pipeline’s foes claim the fuel is too emission-intensive and corrosive to pipelines. Supporters say if the Keystone XL is blocked, tar sands will come by the more dangerous transportation methods of boat or rail. Recent Philips 66 literature states: “Until new pipeline projects come online, rail is in many cases the easiest and most cost efficient way to get advantaged crude to some of our refineries.”
Trains coming and going from Santa Maria Refinery would travel the path of the Union Pacific Rail, on tracks shared by Amtrak. They would make the journey north through the Nipomo Mesa, up the precarious Cuesta Grade through Paso Robles, Salinas, and San Jose. Then they head through Richmond, then Berkeley. Richmond and Berkeley city councils recently passed resolutions calling for stricter regulations on crude oil trains.
The paths of the trains coming from the south — and carrying crude from any number of sources — are unclear and not ironed out in the draft EIR, but they would likely go through Ventura and Santa Barbara counties. A potential path indicated in the report heads through downtown Moorpark at the eastern edge of Ventura County after it passes through Simi Valley, but that potential route may have hit a glitch.
On December 17, the Moorpark City Council voted to send a letter to the San Luis Obispo Planning Commission opposing Phillip 66’s proposal because of its potentially hazardous risks. “I feel strongly that we need to show a little bit of leadership here as a city to formally object to this,” said one councilmember. “Hopefully other cities along this track will as well.” According to the report, once the trains leave Moorpark they could head through Camarillo to Ventura and along the coast to Carpinteria, Santa Barbara, and Goleta.
Johnson does not see much long-term job growth — or even stability — at the refinery given its current pipeline setup and a recent dip in statewide supplies. To stay competitive, company officials have argued, the refinery needs to revamp its intake methods so it can accept crude from other sources. “We are trying to keep the jobs we have,” Johnson said of the 200 people working at the plant. “Oil production in California is on the decline.” Rumors of a too-twisted and warped Monterey Shale formation from years of tectonic activity became a public reality in May when the government agency, Energy Information Administration, downgraded a predicted 13.7 billion barrels of recoverable oil to 600 million.
A slow-moving pipeline moves a haul of crude oil to a refinery just north of the Santa Barbara County border. Stand on the nearby coast’s 18,000-year-old sand dunes and look away from the sea, and a perfect view emerges of the expansive Phillips 66 Santa Maria Refinery. The name is a misnomer. The San Luis Obispo facility on the Nipomo Mesa is 17 miles northwest from the City of Santa Maria. Directly south is the Santa Maria River.
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