Tag Archives: National Transportation Safety Board

San Luis Obispo Refinery Wants Oil by Train

Repost from The Santa Barbara Independent

SLO Refinery Wants Oil by Train

Phillips 66 Runs into Public Resistance over Proposal to Lay New Tracks and Unload More Canadian Crude

By Natalie Cherot, January 23, 2015

Courtesy PhotoA 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.

Groups Question Industry Influence on Oil Train Safety Rules, submit FOI request

Press Release from ForestEthics

Groups Question Industry Influence on Oil Train Safety Rules

Freedom of Information Requests Target Five Federal Agencies, Nearly 100 Lobbyists

By Eddie Scher, Jan 15, 2015

Today four public interest groups requested records exchanged between five US government agencies and nearly 100 oil and rail industry representatives on new oil train safety standards. The Department of Transportation announced yesterday that the agency would miss the January 15 deadline set by Congress and issue final rules by May 12, 2015.

“New oil train safety standards are decades late: the National Transportation Safety Board first called antiquated DOT-111 tank cars unsafe for hauling crude oil in 1991,” says Ross Hammond, ForestEthics US campaigns director. “But the administration seems to have trouble asking the oil and rail industry for common sense safety standards like speed limits, sharing information with firefighters, and a ban of the most dangerous cars.”

The Freedom of Information Act requests filed by ForestEthicsCommunities for a Better Environment, Ezra Prentice Homes Tenants Association (Albany, NY), and Citizens Acting or Rail Safety (La Crosse, WI) name 97 individual lobbyists from the American Petroleum Institute, Association of American Railroads and specific oil and rail companies, including Chevron, Tesoro, and Burlington Northern Santa Fe (BNSF). Among the lobbyists named are six former members of Congress: Trent Lott, Vin Weber, John Breaux, Steve LaTourette, Max Sandlin and Bill Lipinski.

“The public has the right to know how an army of lobbyists is influencing the Department of Transportation,” says Ross Hammond, ForestEthics US campaigns director. “Oil trains carrying millions of gallons of toxic, explosive crude oil threaten the 25 million Americans who live in the blast zone. DOT should listen their own safety experts and quickly finalize strong new standards that take DOT-111s off the tracks, slow these trains down, prepare first responders and protect families.”

Government agencies and officials covered by this FOIA request are US Department of Transportation, National Transportation Safety Board, Surface Transportation Board, Federal Railroad Administration, and Pipeline and Hazardous Materials Safety Administration (PHMSA).

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ForestEthics demands that corporations and government protect community health, the climate, and our wild places. We’ve secured the protection of 65 million acres of wilderness by pushing major companies to shift hundreds of millions of dollars to responsible purchasing. www.ForestEthics.org

National Round-up: Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

Repost from DeSmogBlog

Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

By Justin Mikulka, 2014-12-15
ban bomb trains

Earthjustice has challenged the Department of Transportation’s denial of a petition by Sierra Club and Forest Ethics to ban the transportation of Bakken crude oil in DOT-111 tank cars.

Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident,” explained Patti Goldman of Earthjustice.

The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The National Transportation Safety Board called them unsafe two decades ago, and by the Department of Transportation’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.”

At the same time Earthjustice was bringing this challenge, the Canadian government was announcing that it will ban 3,000 of the riskiest DOT-111s from carrying materials like Bakken crude.

And in California, where last week a train carrying grain derailed into the Feather River, democratic state senator Jerry Hill called on Governor Jerry Brown to impose a moratorium on oil trains in the state. The Feather River rail line is also used for Bakken crude oil trains.

In Toronto, the new mayor called for an end to these dangerous trains passing through the city.

I said during the campaign and I’ll repeat it now, that I think we should be moving in the direction, in negotiation with the railways and the federal government, to stop movement of toxic and dangerous substances through the city at all,” reported The Star.

Perhaps the fact that the new mayor isn’t smoking crack like his predecessor has something to do with this rather clear-headed assessment. You would, after all, have to be on crack to think running DOT-111s filled with Bakken crude through highly populated areas was an acceptable practice.

Meanwhile in Baltimore, residents are fighting a new proposal for an oil-by-rail facility that would bring these trains right through their neighborhoods.

In addition to calls for outright bans of the DOT-111s, two states recently released new studies about the oil train issue.

In New York, Governor Andrew Cuomo is looking for ways to fund the oil spill clean up fund for the state. The fund is projected to be in the red financially by 2016 and currently collects no fees from the oil companies transporting the Bakken and tar sands oil through the state. As many as 44 oil trains carrying at least 1,000,000 gallons of oil, and often more than 3,000,000 gallons, cross New York each week.

Cuomo criticized the federal government’s lack of movement on new oil-by-rail regulations referring to their progress as “unacceptably slow” according to The Record Online.

Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Cuomo’s self-assessment of New York’s actions didn’t impress oil train activists. Sandy Steubing of Albany, NY, based group PAUSE isn’t pleased with the state’s progress.

“The Governor’s response is lame; he’s either urging other entities like the railroad and the Federal government to protect New Yorkers or he’s trying to appear like the measures he’s taking will protect us,” Steubing said. “There’s not enough foam in the entire state to protect us from an explosive derailment the likes of which we’ve seen five times since July of 2013.”

Meanwhile in Washington State, the draft of the 500-page 2014 Marine and Rail Oil Transportation Study was released. The report contains some staggering growth projections for oil-by-rail transportation in the state, as reported by The News Tribune.

The Department of Ecology’s report estimates that 12.7 billion gallons of oil were moved through the state by rail in 2013 alone and says 19 trains of roughly 100 tank cars each are passing through the state each week today. It predicts that traffic could mushroom to 137 weekly trains by 2020 if all proposed oil terminals and refinery expansion projects are permitted and utilized.

Facing this onslaught of oil-by-rail traffic for the state, Washington’s Governor Jay Inslee is proposing a new tax on oil transported through the state by rail.

In North Dakota, the birthplace of the modern oil-by-rail industry, meaningless new rail regulations will keep the bomb trains rolling. There is also a legal battle going on between the town of Enderlin and the rail operator Canadian Pacific. Canadian Pacific moves as many as 28 trains through Enderlin every day. Many stop and block roads and traffic in Enderlin causing traffic delays one would expect in Los Angeles but not in a town of 900 people in North Dakota.

In response, the town council made it illegal for trains to stop for more than 10 minutes in town. Now the town is being sued by Canadian Pacific. Unfortunately for the residents of Enderlin, Canadian Pacific has a strong argument that many municipalities are learning about now that they have become the home to oil train operations.

Kansas interstate commerce attorney Bob Pottroff explained the reality to Reuters, “Right now cities don’t have the right to tell a railroad it can’t park in the middle of their town.” If Enderlin were to win, Pottroff predicted the result could have far reaching effects as other municipalities opted to take some level of control over rail traffic within their borders.

In the face of this widespread opposition to the dangers posed by the oil-by-rail industry, there just happens to be a new industry-funded study showing that no new regulations are warranted.

The Railway Supply Institute funded a report prepared by The Brattle Group that concludes that all of the proposed regulations may have benefits but in every case they have found that the costs outweigh these benefits. In addition to this conclusion, Natural Gas Intelligence reports that The Brattle Group proposes one of the other favorite industry tactics for delaying new regulations. More research.

As communities across the country await new oil-by-rail regulations and continue to hear about close calls regarding oil train accidents the level of opposition to the dangers of transporting explosive oil in DOT-111s continues to grow. Unfortunately for them, the lobbyists for Big Oil and Big Rail are still hard at work protecting their profits above all else.

ForestEthics: switch to newer rail cars for crude still not safe

Repost from ABC News
[Editor: Significant quote: “Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April Krogh called switching to the newer cars ‘a red herring.’   ¶  ‘It’s a marginal improvement, but it’s nowhere near safe,’ he said. ‘They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.'”  – RS]

Refinery Switching to Newer Rail Cars for Crude

BELLINGHAM, Wash. — Oct 11, 2014

A refinery in northwest Washington state says it will no longer accept any volatile North Dakota crude oil unless it arrives on newer-model tank cars.

By the first week of October, the BP Cherry Point facility had stopped using pre-2011 standard tank cars, known as DOT-111 cars, for the shipments, The Bellingham Herald reported ( http://is.gd/XmHxHN ).

The change comes amid public concern about the safety of shipping crude by train. Since 2008, derailments of oil trains in the U.S. and Canada have seen the older 70,000-gallon tank cars break open and ignite on multiple occasions, resulting in huge fireballs. A train carrying Bakken-formation crude from North Dakota in the older tanks crashed in a Quebec town last year, killing 47 people.

The National Transportation Safety Board, which recommended upgraded regulations for crude oil and ethanol cars in 2011, is working on updating rail safety standards and could require companies to phase out the DOT-111 cars for shipping crude oil during the next couple of years

Cherry Point was already using newer, safer tank cars to receive about 60 percent of its crude oil, but expedited the switch to the newer cars in response to community concerns, BP spokesman Bill Kidd said. The refinery now uses a fleet of about 700 newer cars, called CPC-1232s.

The newer cars have thicker shells, head shields on both ends and improved valve protection.

But Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April.

Krogh called switching to the newer cars “a red herring.”

“It’s a marginal improvement, but it’s nowhere near safe,” he said. “They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.”

Trains carrying Bakken oil from North Dakota have been supplying Washington refineries at Tacoma, Anacortes and Cherry Point. Oil-train export terminals are proposed at Vancouver and Grays Harbor on the Washington coast.

About 70 percent of the crude-oil rail cars that BNSF Railway currently moves through Washington state are already the newer design, railway spokesman Gus Melonas said.

For two decades, the Cherry Point refinery received crude oil only by pipeline, Kidd said. It later added shipments by sea.

But Alaskan crude oil has turned into the last type the refinery is interested in because of the higher price. Crude oil from mid-continent shale formations has become a cheaper option for the refinery, Kidd said.

“It’s completely turned the industry on its head,” Kidd said. “Without access to crude by rail, this refinery cannot compete.”

Refinery Manager Bob Allendorfer said the facility is always going to be progressive when it comes to safety. “Safety is always first, and you have to get it right,” Allendorfer said.