Tag Archives: Richmond CA

Vallejo Times-Herald: Railroads sue California over oil train safety rules

Repost from The Vallejo Times-Herald

Railroads sue California over oil train safety rules

Union Pacific, BNSF Railway argue federal law pre-empts state regulations
By Tony Burchyns, October 9, 2014

California’s two major railroad companies filed a lawsuit this week to argue that the state lacks authority to impose its own safety requirements on federally regulated crude oil train traffic.

The lawsuit follows a new state law imposing regulations on the transportation of crude oil by rail in California. Union Pacific and BNSF Railway filed the case Tuesday in U.S. District Court in Sacramento to argue that federal law pre-empts California and other states from enforcing such regulatory regimes.

“The new state law requires railroads to take a broad range of steps to prevent and respond to oil spills, on top of their myriad federal obligations concerning precisely the same subject matter,” the railroads argue. “UP, BNSF and other members of (the American Association of Railroads) will be barred from operating within California unless a California regulator approves oil spill prevention and response plans that they will have to create, pursuant to a panoply of California-specific requirements.”

The railroads also will be required to obtain a “certificate of financial responsibility” from the state, indicating they are able to cover damages resulting from an oil spill. Failure to comply with the new state rules will expose railroad employees to jail time and fines, according to the lawsuit.

The California Office of Spill Prevention and Response, which was named as a defendant in the lawsuit, has declined to comment on the pending litigation.

The state law was passed in June following a sharp rise in crude-by-rail shipments in California from 2012 to 2013 and several high-profile oil train derailments in other states as well as Canada. In the Bay Area, crude-by-rail projects in Benicia, Richmond, Pittsburg, Martinez and Stockton have drawn local attention to the prospect of mile-long oil trains snaking through neighborhoods, mountain passes and sensitive habitats such as the Suisun Marsh.

Last week, California Attorney General Kamala Harris sent a letter to Benicia challenging plans to ship 70,000 barrels of crude daily by train to the city’s Valero refinery. Valero is seeking city approval to build a rail terminal to receive two 50-car oil trains daily from Roseville. The train shipments would originate in North Dakota or possibly Canada.

Harris, the state’s top law enforcement officer, criticized the city for underestimating the project’s safety and environmental risks. The letter was among hundreds received by the city in response to its initial environmental impact report. City officials say they are in the process of responding to all of the comments, and plan to do so before the project’s next, yet-to-be-scheduled public hearing is held.

Grant Cooke: Big Oil’s endgame has begun

Repost from The Benicia Herald
[Editor: Benicia’s own Grant Cooke has written a highly significant three-part series for The Benicia Herald, outlining the impending fall of the fossil fuel industry and concluding with good advice for the City of Benicia and other cities dependent on refineries for a major portion of their local revenue stream.  This is the first of three parts.  Read part part two by CLICKING HERE and part three by CLICKING HERE and .  – RS]

Grant Cooke: Big Oil’s endgame has begun

September 28, 2014 by Grant Cooke

Editor’s note: First of three parts to run on consecutive Sundays.

P1010301“THE STONE AGE CAME TO AN END, not because we had a lack of stones, and the oil age will come to an end not because we have a lack of oil,” said Sheikh Ahmed-Zaki Yamani. The former Saudi oil minister is arguably the world’s foremost expert on the oil industry. In 2000, he introduced this extraordinary observation with an even more prescient one — to wit, “Thirty years from now there will be a huge amount of oil — and no buyers. Oil will be left in the ground,” he told the UK’s Telegraph.

A decade and half later, we are coming to the end of Big Oil, and the domination of the world’s geopolitics and economy by the fossil-fuel interests for the past century. Correspondingly, the carbon- and nuclear-powered centralized utility industry that was started by Thomas Edison in 1882 when he flipped the switch at the Pearl Street substation in Manhattan has begun its decline.

Over the years, Big Oil and its related industries and supporters have disrupted the way humans manage their affairs, and wreaked havoc on our environmentally fragile planet. Today, the loss of a major section of the West Antarctic Ice Sheet from global warming caused by excessive carbon-generated heat appears unstoppable.

That hasn’t stopped the dead-enders from fighting on. In February, North Carolina’s Republican governor turned his administration into a joke with a clumsy attempt to help Duke Energy, the nation’s largest utility, avoid cleaning up 39,000 tons of coal ash that was spilled into the Dan River. The Duke ash coal spill came a month after 10,000 gallons of 4-methylcyclohexane methanols, or MCHM, spilled into West Virginia’s Elk River, ruining the water supply of Charleston, the state’s capital. A second chemical, a mix of polyglycol ethers known as PPH, was part of the leak, the company involved, Freedom Industries, told federal regulators. The company uses the chemicals to wash coal prior to shipping for coal-powered utilities. More than 300,000 West Virginians were impacted and several hundred residents were hospitalized with various symptoms.

Closer to home in Northern California, we had the massive 2012 Chevron fire that sent toxic chemicals billowing into the air and caused respiratory problems for 15,000 Richmond residents. Chevron admitted to negligence as the cause of the fire. In 2010, PG&E’s neglect led to the horrific San Bruno gas pipeline explosion that killed eight, injured 66 and destroyed 38 homes. The California Public Utilities Commission fined PG&E $2.5 billion, the largest fine in U.S. utility history. PG&E now faces federal charges that it violated the U.S. Pipeline Safety Act.

For several years, U.S. oil oligarchs Charles and David Koch have made a mockery of American democracy by pouring hundreds of millions of dollars into smear campaigns against scientists, environmentalists and liberal politicians. More than any others in recent memory, the Koch brothers have manage to replace consensus and compromise with vitriol and dysfunction in U.S. politics.

Oil madness is not a strictly U.S. disease. Vladimir Putin, channeling the ghost of Joseph Stalin, recently swept up a huge chunk of Ukraine and threatened an astonished Europe that if it opposed him, the result would be a shutdown of the Russian natural gas that many see as vital to the EU’s economic recovery. And the world seems to have grown accustomed to Mideast mayhem, where the biggest transfer of wealth in world history — from the oil users to the oil suppliers — has led to social and political chaos, repression, suffering and death.

* * *

EVEN AFTER A CENTURY OF SUPPORT, the U.S. federal government grants the oil industry, the world’s richest, with about $4 billion a year in tax subsidies, and Exxon Mobil Corporation (the largest grossing company in the world) minimizes the taxes it pays by using 20 wholly owned subsidiaries in the Bahamas, Bermuda and the Cayman Islands to legally shelter cash from its operations in Angola, Azerbaijan and Abu Dhabi.

The coal industry is also favored with tax breaks, public land loopholes and subsidized railroads. A 2013 Harvard University study concluded that the total real economic costs from U.S. coal amounted to $345.3 billion, adding close to 17.8 cents per kilowatt hour to the cost of electricity generated from coal. Called “external costs, or externalities,” these costs are borne by the U.S. public.

Now the carbon-based industries, which include coal, oil, natural gas and related industries like centralized utilities and transmission line companies, are coming to the end of their socially useful cycle. Their resources are aging beyond economic justification and their business models are too inflexible to adapt to a new industrial era with a different energy model.

This new era of energy generation, storage and sharing is upon us. We call it the Green Industrial Revolution, and it is emerging as the next significant political, social and economic era in world history. As it takes hold, it will result in a complete restructuring of the way energy is generated, supplied and used. It will be a revolutionary time of extraordinary potential and opportunity, with remarkable innovations in science and energy that will lead to new ones in sustainable, smart and carbon-less economies powered by nonpolluting technologies like wind, geothermal, wave, river and solar, with their advanced technologies like flywheels, regenerative and maglev systems, and hydrogen fuel cells.

Community-based and on-site renewable energy generation will replace massive fossil fuel and nuclear-powered central plant utilities. New advances in efficient recyclable batteries and fuel cells will store energy for when it is needed. Smart green grids will share electricity effortlessly. Additive manufacturing will minimize wasted resources, and new sciences like nanotechnology will have a profound impact on business, careers, human health and the global economy.

This new era encompasses changes in technology, economics, business, manufacturing, jobs and consumer lifestyles. The transition will be as complete as when the steam-driven First Industrial Revolution gave way to the fossil fuel-driven Second Industrial Revolution. It is a monumental shift that is already under way and spreading rapidly around the world.

Industrial revolutions occur when a new energy source intersects with a new form of communication. In the First Industrial Revolution, steam was the energy source and the printing press provided the means to disseminate new ideas that accelerated scientific breakthroughs and the adoption of inventions. In the Second Industrial Revolution, the fossil fuel-driven internal combustion engine was the power source and analog communication provided the channel for new ideas and technologies.

Today, the digital age, with Internet access to almost all scientific knowledge and Facebook and Twitter-led social media, has intersected with renewable energy generation, hydrogen storage and smart grids. While vast fortunes were made in the fossil-fuel era by extracting natural resources and despoiling the environment, wealth in this new green era will come from digital and IT breakthroughs, intelligent machines and a host of environmentally sensitive inventions.

Many factors are coming together to hasten the Green Industrial Revolution. Putin’s march on Ukraine shocked Europe and stirred the region’s efforts to generate more renewable energy and cut ties to fossil fuel. Forty percent of Scotland’s domestic electricity generation comes from renewable sources, mostly tidal and wind. Denmark and other Nordic nations intend to generate 100 percent of their energy by mid-century. Germany’s Energiewende (Energy Transformation), which aims to power the country almost entirely on renewables by 2050, is accelerating.

Almost daily, scientists in university and national research laboratories are making breakthroughs in developing non-carbon energy sources. The chemistry department of the University of California-Davis recently figured out how to make carbon-less gasoline from straw. Advancements in nanotechnology are making electricity usage much more efficient.

China is considering a ban on new cars that run on fossil fuels, and major cities across the globe have limited the use of autos in downtown areas. Several nations — and California, too — are creating hydrogen highways. Norway, Sweden and Germany have them; California will open its hydrogen highway in 2016. Daimler, Honda, Chevrolet and most other major automobile manufacturers have hydrogen-powered fuel cell cars ready to go.

Grant Cooke is a long-time Benicia resident and CEO of Sustainable Energy Associates. He is co-author, with Nobel Peace Prize winner Woodrow Clark, of “The Green Industrial Revolution: Energy, Engineering and Economics,” to be released in October by Elsevier, of which this column is excerpted.

Groups Challenge Sacramento Air District’s Furtive Approvals of Crude Oil Project

Repost from The Sacramento Bee
[Editor: See also EarthJustice’s account, and a Public News Service brief that appeared in the Benicia Herald.  Significant quote: “It’s becoming increasingly clear in California that the oil industry is cozying up to decision-makers who are deliberately bypassing environmental and health laws to usher in perilous oil transport projects that put people in danger,” – EarthJustice attorney Suma Peesapati.  – RS]

Sacramento air quality officials sued over crude oil trains

By Tony Bizjak, Tuesday, Sep. 23, 2014

A Bay Area environmental group has filed a lawsuit against the Sacramento Metropolitan Air Quality Management District for failing to require an environmental review of a crude oil transfer station at McClellan Business Park.

The group, Earthjustice, accuses local air quality managers of quietly rubber-stamping permits for InterState Oil Company, allowing it to use McClellan as a site for transferring highly flammable crude oil from trains into tanker trucks headed to Bay Area refineries.

Earthjustice filed the complaint Monday in Sacramento Superior Court on behalf of the Sierra Club. It charges that Sacramento air quality officials and InterState failed to review the potential hazards of running trains of inadequately designed tank cars full of crude oil through neighborhoods, and asks the court to halt the transfer operations until a full environmental review is conducted.

InterState Oil Company has been making the transfers at McClellan since last year, initially without applying for a permit. Inspectors with the air quality district discovered the oil transfers and required InterState to file for a permit, but did not require the company to conduct any review of the environmental impact of the project. Permit documents allow InterState to unload an estimated 100 train cars every two weeks. Officials with InterState could not be reached for comment.

Air district official Larry Greene told The Sacramento Bee last month that the oil company had an existing permit to transfer denatured alcohol and that the switch to crude oil transfers didn’t cause any emissions increases. The district issued a permit this year for crude-oil transfers but considered that action “ministerial,” meaning it did not trigger an environmental review, Greene said.

Environmental groups said they see that stance as an abrogation of duty by local regulators.

“It’s becoming increasingly clear in California that the oil industry is cozying up to decision-makers who are deliberately bypassing environmental and health laws to usher in perilous oil transport projects that put people in danger,” said Suma Peesapati, Earthjustice attorney. “We saw it in Richmond, we saw it in Kern County, and now we’re witnessing it in Sacramento. If we’re going to stem the flood of fossil fuels into California and protect the public from hastily approved, poorly planned projects, we demand transparent and law-abiding leadership.”

“This is an example of a public agency skirting the law and failing to ensure that everything possible is done to protect the public,” said Terry Davis of the Mother Lode Chapter of the Sierra Club.

Earthjustice recently sued a similar operation in the Bay Area city of Richmond, where the Kinder Morgan oil transportation company currently moves volatile Bakken crude oil from trains to trucks that take it to local refineries. That lawsuit was rejected a few weeks ago in court when a judge ruled the six-month statute of limitations for a lawsuit had expired. That project involves 100-car oil trains that come through midtown Sacramento.

Attorney Peesapati of Earthjustice said she does not believe the statute of limitations issue applies in the Sacramento case because this week’s lawsuit is within six months of the air quality district’s initial permit issuance this year.

A handful of recent derailments and explosions involving trains carrying crude oil, notably the lighter and more volatile Bakken crude oil from North Dakota, have prompted federal and state officials to push for more rail safety measures.

Read more here: http://www.sacbee.com/2014/09/23/6729786/sacramento-air-quality-officials.html#storylink=cpy

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

Repost from ALLGOV.com

Dangerous Oil-by-Rail Is Here, but Railroad Bridge Inspectors Are Not

By Ken Broder, September 18, 2014

The California Public Utilities Commission (CPUC) estimates there are about 5,000 railroad bridges in California, but doesn’t really know for sure. They are privately owned and inspected and were off the public radar until oil companies started shipping dangerous crude by rail to California refineries in increasingly large quantities.

Governments are not ready to have volatile loads of cargo rolling through sensitive habitats across the state, much less through heavily-populated metropolitan areas. But help is on the way. In March, the CPUC requested funding (pdf) for seven inspectors to specifically handle oil-by-rail, and two of them would focus on bridges.

The Contra Costa Times reported last week that the two inspectors have not yet been hired, but when they are, they will be the only two inspectors checking out the bridges. They will be assisted in their task by the sole federal inspector assigned to the area―an area that includes 11 states.

One of their first jobs will be to find the bridges. There is no comprehensive list. Judging by some industry comments, there may be some reluctance on the part of rail owners to provide all the information the government might ask. Bridge consultant and former American Society of Civil Engineers President Andy Hermann told the Times that the companies kept bridge data secret for competitive reasons.

But not to worry. The owners already do a good job of maintaining the bridges because, in Hermann’s words, “There’s a very strong profit motive to keep the bridges open. Detours will cost them a fortune.” In other words, this would be a situation where a company does not make a risky decision based on short-term, bottom-line considerations that could adversely affect the well-being of people and the environment.

In a report (pdf) to lawmakers on rail safety last December, the CPUC called California’s rail bridges “a potential significant safety risk.” It said most of them “are old steel and timber structures, some over a hundred years old.” Big rail companies tout their safety programs but the report points out often these bridges are owned by small short line railroads “that may not be willing or able to acquire the amount of capital needed to repair or replace degrading bridges.”

That’s bad, but not AS bad when the rail shipments aren’t volatile oil fracked from North Dakota’s Bakken formation, loaded on old rail cars ill-equipped to handle their modern cargo. Federal regulations to upgrade the unsafe cars will probably take at least a few years to complete.

When safety advocates talk about the dangers of crude-by-rail, they invariably cite the derailment last July in Quebec that killed 47 people, burned down 50 buildings and unleashed a “river of burning oil” through sewers and basements. But the Times reached back to 1991 for arguably California’s worst train derailment, albeit sans crude oil.

A train in Dunsmuir, Siskiyou County, fell off a bridge and dumped 19,000 gallons of a concentrated herbicide into the Sacramento River. Fish and vegetation died 45 miles away. Some invertebrate species went extinct. Hundreds of people required medical treatment from exposure to the contamination.

Railroads are carrying 25 times more crude oil nationally than they were five years ago. Most oil in California is moved via pipeline or ship. In 2012, only 0.2% of the 598 million barrels of oil arrived by rail in California. But the California Energy Commission (CEC) has said it expects rail to account for a quarter of imports by 2016.

Earthjustice, an environmental advocacy group, does not want safety measures to amble down the track years after the crude roars through. Its lawyers joined with the Sierra Club and ForestEthics to file a lawsuit in federal court last week to force a U.S. Department of Transportation (DOT) response to a July legal petition seeking a ban on the type of rail cars that derailed and exploded in Quebec.

A week ago, a San Francisco County Superior Court judge told Earthjustice and other environmental groups they couldn’t sue to halt deliveries of crude oil to a rail terminal in Richmond because the deliveries had been legally permitted by the state―without public notification―and the 180-day deadline to appeal had quietly passed.