Over the last few days, we’ve seen a series of grassroots victories that prove we’re not stuck with Big Oil’s plan to foist dangerous fossil fuel infrastructure on communities across the country.
A March 5, 2015, oil train derailment on the banks of the Galena River in Illinois. (Environmental Protection Agency)
Across the continent, Big Oil was also dealt two blows against its attempts to import extreme crudes into California by rail. In the face of strong community opposition, midstream oil company WesPac has abandoned its plan to build a rail terminal that would have brought dirty crude oil into the San Francisco Bay Area.
A few years ago, WesPac proposed a rail and marine terminal that would transport 242,000 barrels per day of crude oil–nearly a third of the capacity of Keystone XL–through Pittsburg, CA, a small community of 60,000 residents and then on to Bay Area refineries. The problems with WesPac’s proposal are myriad: it would expose Pittsburg’s population, largely communities of color and low-income communities, to the risks of exploding trains and increased air pollution, and it would require a massive investment in fossil fuel infrastructure at a time when we should be moving toward clean energy solutions.
The project was so ill-conceived that, following comments by NRDC and others, the California Attorney General wrote a letter finding “significant legal problems” with the project’s environmental review documents. Accordingly, the city decided to put the project on hold and revisit its environmental review process. That’s where things stood for over a year, until last week, when WesPac announced that it would drop the rail terminal aspect of the project altogether.
As community and environmental advocates have repeatedly pointed out, oil trains pose serious risks–risks that were highlighted by a series of fiery accidents over the last few weeks. (Notably, some recent accidents have involved Canadian tar sands crude, in addition to a bevy of dangerous mishaps involving North Dakota’s Bakken crude, which has long been known to be highly volatile and has been the culprit in most oil train disasters.)
This win in Pittsburg follows a recent decision by another Bay Area city, Benicia, to withdraw and revise its environmental review documents for a proposed crude-by-rail terminal at Valero’s Benicia refinery. As NRDC and others, including the California Attorney General, pointed out in legal comments, the terminal would pose serious safety and health threats to Benicia and to residents along the rail line. Momentum is also building against another crude-by-rail proposal up for consideration further south in San Luis Obispo County.
These victories show the power of local communities to stop Big Oil in its tracks.
The battle, however, is far from over: Valero is still trying to push forward with its rail terminal, and WesPac’s proposed marine terminal would have significant impacts on the fragile San Francisco Bay Delta and nearby residents. In fact, WesPac’s plans may still include the renovation of long-dormant storage tanks to stockpile large volumes of volatile crude oil, even though those tanks are literally a stone’s throw from homes, churches, and a school.
Some critics have used the boom in crude oil trains as evidence that we should allow more pipelines. They offer the false choice of risk from pipelines or risk from oil trains. The truth is more sinister. Big Oil wants more of both. Pipelines and rail serve different geographic areas and often carry different types of oil. The problem is that both forms of transportation have risks, and both bring fossil fuels perilously close to our communities. Clean energy investments do the opposite: they eliminate the dangerous risks of spills and bomb trains, while cutting carbon pollution.
It’s time our elected leaders follow the example of communities across the country by saying “no” to Big Oil and “yes” to clean solutions that accelerate fuel efficiency, electric vehicles, clean fuels, and renewable energy such as solar and wind.
Franz A. Matzner is associate director of government affairs for the Natural Resources Defense Council. His policy background includes energy, climate, and forestry. He previously held the position of senior policy analyst for agriculture and the environment at Taxpayers for Common Sense (TCS). Matzner graduated Phi Beta Kappa from the University of Pennsylvania. He is co-author of the NRDC report “Safe At Home: Making the Federal Fire Safety Budget Work for Communities.”
Repost from Crosscut, News of the Great Nearby [Editor: This is an excellent broad analysis of the intermingled risks of increasing rail, marine and pipeline delivery of North American crude to ports in the Pacific Northwest. Recommended reading. (Note that comments on increasing export of crude appear in the bulleted section, 9 paragraphs into the article.) Be sure to view the Friends of the Earth infographic showing regional impacts of multiple proposed fuel transport projects. – RS]
Guest Opinion: Dirty fuel exports darken NW’s Earth Day
By Fred Felleman, March 31, 2015
A refinery on Fidalgo Island near Anacortes (2008). Credit: 24hourmoon/Flickr
Some hailed President Barack Obama’s recent veto of the Keystone pipeline authorization legislation as an early Earth Day gift, spelling the project’s death knell. However, his decision was actually based on process, not policy. While Obama has articulated the science behind climate change better than any predecessor, his all-of-the-above energy strategy has opened the floodgates to unprecedented levels of domestic fossil fuel extraction with lax oversight.
These policies resulted in disasters such as BP’s indelible mark on the Gulf of Mexico five Earth Days ago. In typical fashion, regulators responded with some of the long-needed oversight, but offshore production soon came roaring back.
Recent oil train derailments, exposing communities to elevated risks, also reflect the administration’s policies in the face of the gusher of under-regulated fracked oil as it became cost-effective to bring to market by rail. While Bakken oil is the primary source of this incendiary risk, there are still only proposed national regulations on fracking without consideration of climate impacts. Despite the growing number of oil-train accidents, only weak requirements for safer tanker cars are being developed though Sen. Maria Cantwell just introduced legislation beginning to address this deficiency.
Leases are also being let on public lands at bargain-basement rates for coal extraction and risky Arctic oil exploration. Even after Shell Oil’s calamitous attempts to drill in the Chukchi Sea three years ago, resulting in eight felony convictions and $12.2 million in fines, the company is pursuing Arctic development this year.
Closer to home, Shell has secured the ability to use Terminal 5 from the Port of Seattle to maintain their oil rigs. This is yet another reflection of how the Northwest is being broadly targeted as the gateway for oil, coal and liquefied natural gas to Asian markets – all of which contribute unacceptable climate impacts.
Not since the late 1970s, when NW refineries switched from receiving crude oil from Alberta by pipeline to tankers from Alaska and elsewhere, have Washington’s waters and communities been exposed to such a growth in vessel casualties and oil spill risk. Despite the abandonment of four coal terminal proposals, there are still nearly 20 proposals for oil, coal, propane and LNG terminals either under review or recently permitted.
There is a major difference between the proactive safety planning that preceded the arrival of Alaskan oil tankers in the 1970s with the ad hoc gold-rush mentality that pervades today’s permit decisions.
The last time there was such a growing threat of catastrophic spills, the late Sen. Warren Magnuson took the lead in protecting the Sound from spills. He restricted the size and number of tankers transiting east of Port Angeles and worked on other national and local safety measures, like the 1978 Port and Tanker Safety Act and the creation of an international vessel traffic system in North America, enabling the Coast Guard to serve as ship traffic controllers in the Pacific Northwest. These measures lasted the test of time and continue to contribute to our admirable oil spill record – a legacy to endure. However, it is critical not to rest on our laurels especially since frequency of incidents and accidents are a far better indication of risk exposure than rare spills.
In contrast, today, while new risks accumulate, we see reductions being made in rail and marine safety measures, despite efforts by Sen. Cantwell and others. Such reductions include:
Rail companies are trying to negotiate with unions to reduce the number of crew from two to one required for the operation of 100-plus-car oil trains. The Federal Railroad Administration has not even defined the minimum crew size required for safe operations despite years of requests by the NTSB.
The Obama administration recently published clarification as to the seven ways in which domestically produced crude can be exported from the U.S. Despite this liberalization of exports, oil companies are pushing Congress for complete elimination of the longstanding ban on exports of U.S. oil.
The U.S. Army Corps asserted in the draft environmental impact statement, 10 years in the making, for the construction of BP’s second tanker dock at Cherry Point that the agency’s permit did not violate a Magnuson amendment to the Marine Mammal Protection Act. But the amendment seems to explicitly prohibit such actions. They have also yet to respond to the Lummi’s tribe call to abandon the Gateway coal project due to impacts to their treaty-protected rights.
The Washington State Pilotage Commission recently reduced the training required of pilots allowed to guide oil tankers in and out of Grays Harbor — despite growth in vessel traffic and three newly proposed oil terminals there.
Gov. Jay Inslee and local governments failed to require full environmental impact statements evaluating the chronic train and cumulative vessel impacts of the numerous oil terminal proposals prior to issuing permits. The only time such analysis has been required is in response to lawsuits. (An infographic was produced by Friends of the Earth and Protect Whatcom to visualize this increase associated with new terminals.)
One recent exercise of state authority was the Utilities and Trade Commission’s (UTC) fines against BNSF’s series of oil spills from oil trains calling on Washington. While such leadership is encouraging, in reality we don’t need their money as much as we need to be freed from their leaky oil trains. Similarly, on the marine front there is state legislation calling for tugs to escort the growing number of oil barges moving through Washington waters.
The combined vessel traffic currently bound to and from ports in Washington and British Columbia make the Strait of Juan de Fuca the second busiest waterway in North America.
While Washington’s regulatory agencies are overwhelmed by the onslaught of new terminal proposals and the fate of the Keystone pipeline nationally remains uncertain, there is a major threat coming from Canada to Washington and British Columbia’s Salish Sea. Former Enron executives acquired the Kinder Morgan pipeline that currently connects the vast Alberta tar sand reserves with a port near Vancouver, British Columbia. They are now seeking permits from Canada’s National Energy Board to triple its capacity, making it comparable in volume to the far better known Keystone proposal.
A spur in the Trans Mountain pipeline has also directly connected Washington’s four largest refineries in Whatcom and Skagit counties to Albertan oil since the 1950s. This helps explain why the refineries were constructed in the navigationally challenging waters through the San Juan Islands, rather than along the much broader Juan de Fuca Strait.
This expansion would result in a sevenfold increase in tanker traffic transiting through the San Juan Islands and the core area of the endangered Southern Resident killer whale community. The tankers would go from about one per week to one per day. Researchers at the George Washington University and Virginia Commonwealth University calculated this would result in a 51 percent increase in the amount of oil transported through the Salish Sea and increases in the risks of oil spills from collisions and groundings.
Tar Sands pose unique challenges to the response community. In order to get the heavy bitumen produced in Alberta to flow into pipelines, rail cars and tankers, it needs to be mixed with highly volatile diluents. This mixture, known as dilbit, has been shown to be explosive during accidents. And, during spills, the evaporation of volatile vapors poses health risks to responders, while the heavy remainders sink in water, complicating clean-up efforts.
Despite risks of Trans Mountain’s proposed expansion to the Salish Sea, the U.S. Coast Guard has been reluctant to release incident data in these boundary waters, claiming that is up to Canada – including when incidents occurred in U.S. waters. The lack of this data has underrepresented the vessel casualty risk in the analysis conducted for several terminal proposals.
Building a cross-Cascades pipeline to bring Alaskan oil to the Rocky Mountain states was part of the original plan to construct the state’s largest refinery (ARCO, now BP Cherry Point) north of Bellingham in the 1970s. This would have significantly increased the number of tankers calling on our waters that Magnuson’s efforts successfully thwarted. Now there is state legislation introduced to study sending oil over the cascades in the other direction, thereby connecting Washington refineries to Midwest oil. A recent series of major pipeline leaks has demonstrated how regulations have also lagged behind this oft-touted safest form of oil transportation. Since 2012, according the AP, 50 pipelines have been constructed – adding 3.3 million barrels of daily pipeline capacity, dwarfing Keystone’s 800,000. Between 2004 and 2012, U.S. pipelines spilled three times as much crude as oil trains.
As restrictions on the export of domestic oil are lifted, any purported benefits of pipelines will be quickly eclipsed by the risks associated with the increased volumes of oil being shipped overseas.
Based on statements in the President’s State of the Union address calling on Congress to send him something more than just a pipeline bill, it appears that he is willing to horse trade the completion of the Keystone pipeline for Republican support of his other priority infrastructure projects. Regardless, the uncertainty about Keystone has only emboldened Kinder Morgan to influence Canadian government decision-makers to get one of the world’s largest, most destructive and energy inefficient oil sources to international markets, risking the Salish Sea waters Washington shares with Canada.
As we look toward Earth Day, it’s sobering to remember the failures of oil shipment policies the country has seen. It was 26 years ago last week (March 24) that the Exxon Valdez spilled 11 million gallons of North Slope crude into the biological oasis of Prince William Sound. After that, Congress finally required tankers to be double hulled. It took until this year to complete the phase out of all single-hulled tankers, each carrying up to 33 million gallons of crude through Washington waters. One of Magnuson’s last actions was to write to Congress on his deathbed following Exxon’s abject failure to prevent or respond to their despoiling of Prince William Sound, calling on that body to require double hulls for oil tankers.
Obama’s priority trade deal, the Transpacific Partnership (TPP), will require compensating fossil fuel extractors for potential lost revenues if they are required to “keep it in the ground.” This subsidy undermines an essential step for combating catastrophic climate impacts.
The great legacy, from Magnuson and others, of protecting of Puget Sound is under threat. We need stronger local, state and congressional leadership on energy and the environment. And we need our next president to redefine an “all of the above” energy policy into one that transfers subsidies from peddlers of fossil fuel to peddlers of bicycles and for energy truly coming from above, such as wind and solar power. Otherwise, our children will lose the benefits of the natural capital we are jeopardizing by our lack of long-term vision.
Repost from UPI Business News [Editor: Significant quote: “Dalrymple said rail traffic may drop off once new pipeline infrastructure comes online. Three pipelines — Sandpiper, Dakota Access and Upland — should be in service by 2018” – RS]
North Dakota reviews oil-train safety
About half of the oil produced in the state is delivered by rail.
By Daniel J. Graeber | March 19, 2015 at 9:40 AM
North Dakota Gov. Jack Dalrymple calls for tighter rules to ensure safe transport of crude oil from state’s Bakken shale reserve. Photo by Steven Frame/Shutterstock
BISMARCK, N.D., March 19 (UPI) — There’s no way to offer a single solution that would allay concerns about the safety of crude oil transit by rail, North Dakota Gov. Jack Dalrymple said.
Dalrymple spoke with U.S. Transportation Secretary Anthony Foxx to discuss efforts to improve the safe transport of crude oil by rail from the state. The Republican governor said he called on the secretary to adopt new standards for rail cars carrying crude oil as soon as possible.
“Secretary Foxx and I agree that there is no single solution to improving the safety of rail transportation,” Dalrymple said in a statement Wednesday.
North Dakota crude oil production is more than existing pipeline capacity can handle, forcing many in the industry to use rail as an alternative transit method. The increase in rail traffic has in turn led to an increase in derailments involving trains carrying crude oil, a situation compounded by federal reports showing oil from the Bakken reserve area in North Dakota may be less stable than other types of crude oil.
A 200-page proposal from the Department of Transportation last year called for the elimination of older rail cars designated DOT 111 for shipment of flammable liquid, “including most Bakken crude oil.”
A February derailment in West Virginia involved a train carrying Bakken oil. At least 40 people were killed in Lac-Megantic, Quebec, in the 2013 derailment of a train carrying tankers of crude oil from North Dakota to Canadian refineries.
Dalrymple said rail traffic may drop off once new pipeline infrastructure comes online. Three pipelines — Sandpiper, Dakota Access and Upland — should be in service by 2018 and provide 895,000 barrels per day in new capacity.
North Dakota produces about 1.2 million bpd and about half of that is shipped by rail.
The state government in December approved a new measure that requires oil producers in North Dakota to install equipment at their facilities that would reduce the volatility of Bakken crude.
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.
Over the last few days, we’ve seen a series of grassroots victories that prove we’re not stuck with Big Oil’s plan to foist dangerous fossil fuel infrastructure on communities across the country.
