Tag Archives: Roseville CA

Plumas Co. Grand Jury: Scathing indictment of hazardous material transportation through Feather River Canyon

Repost from Plumas County News
[Editor:  This Grand Jury report is thorough and well written – an excellent resource and alarming in its analysis.  Its findings and recommendations (near the end of the report) might be a valuable resource for communities everywhere.  There are a number of references to “after-action reports.”   Question for our research: how can concerned citizens obtain such reports?  – RS]

Hazardous material transportation a roulette wheel for potential disaster

Feather Publishing

6/5/2015

Editor’s note: This is the fourth in a series of midterm reports submitted by the 2014-15 Plumas County Civil Grand Jury.

SUMMARY
Early in the morning Nov. 25, 2014, a Union Pacific freight train derailed in the Feather River Canyon just east of Belden, sending 11 railcars full of corn off the tracks and down the steep embankment. In a press statement shortly afterward, a State Office of Emergency Services official was quoted as saying, “We dodged a bullet” because the train was only carrying corn.

Based on a rash of recent derailments and spills of hazardous materials happening throughout the United States and Canada, “a bullet” in fact grossly underestimates the potential devastation, magnitude and scope of the consequences left from these horrific incidents. Luckily, it was only corn that spilled. With the recent surge in crude-by-rail domestic crude oil transports between oil fields in North Dakota, Texas, Colorado and Pennsylvania and Bay Area refineries through the Feather River Canyon, the aftermath could have wrought far-reaching disaster had it been the high-flammable Bakken crude in the tanker cars.

According to sources, the number of crude-by-rail trains passing through the Feather River Canyon has tripled in number within the past three years. With developments in hydraulic fracking technology coming about in domestic oil fields, the petroleum market has seen a profound shift from importing foreign oil to extracting it in domestic oil fields in the United States. As a result, thousands of jobs have been created and oil prices have plummeted since this recent boon in domestic oil production. In addition, other hazardous chemicals are transported throughout the United States by rail and by truck. According to the Federal Railroad Administration, only the railroads are required to know what’s in the cars they’re shipping.

The grand jury found it extremely important to examine the recent corn derailment other recent crude-by-rail disasters in the U.S. and Canada to determine whether Plumas County agencies and private transportation operators are adequately prepared in “worst-case” scenarios. In respect to the Plumas County corn derailment, because the corn was relatively harmless and could be immediately dealt with without invoking hazardous material protocols, local, state and railroad officials and crews did an excellent job in containment of the spill and clearing and repairing the tracks within the impact area.

As a result of a quick and well-coordinated response, the Feather River Canyon rail route was restored and passing rail traffic three days after the initial derailment. Nonetheless, the grand jury has found the incident to be a practical review for a county hazardous material spill and useful opportunity to compare and contrast the corn spill with other recent more disastrous spills. Plumas County did indeed “dodge the bullet,” and from this incident the grand jury believes it will provide valuable findings and recommendations which may in turn act as a catalyst and cast fresh perspectives and insights on dealing with future potential spills and hazardous material disasters.

BACKGROUND
In review of the Feather River Canyon corn spill Nov. 25, 2014, a total of 11 cars full of raw corn derailed and spilled down a steep embankment near Rich Bar. Luckily, the spill was only tons of kernels and husks, and the incident proved to have had only a minimal impact, environmentally speaking.

The corn spill turned out to be good opportunity to test the Plumas County emergency response system. The incident was first reported by Union Pacific Railroad Dispatch in Omaha, Nebraska, to the Plumas County Warning Center, stating, “12 rail cars close to Rich Bar at Hwy 70 MPM 265 on the Canyon Sub,” and that “12 rail cars loaded with grain derailed, it is unknown whether the cars are upright or on their sides, and that the derailment occurred in a canyon next to a stream or river and it is unknown at this time if the waterway was impacted.”

According to the after-action report on the incident, the State Warning Center notification included the Plumas County sheriff, California Highway Patrol, Plumas County Environmental Health, State Water Quality Board, State Department of Toxics, State Drinking Water, Cal Office of Emergency Services, U.S. Environmental Protection Agency and the California Department of Fish and Wildlife. The accident occurred around 3 a.m. Nov. 25. By 8 a.m. Union Pacific had placed containment booms 100 feet down the Feather River. Fortunately, none of the cars landed in the river and only a small amount of corn spilled into the river.

One of the important facts that should be emphasized here concerns containment supplies and where they are located. It took roughly five hours for the railroad to have containment booms in place. According the Plumas County officials, Union Pacific does not have any spill containment kits in Plumas County. A formal request from the grand jury was emailed to Union Pacific safety representatives asking about the whereabouts of containment kits — according to their response (the grand jury received a very quick email reply that day), Chico, Roseville and Reno, Nevada, were the closest railroad facilities that had emergency containment kits.

Other revelations from the after-action report revealed that the Union Pacific Railroad Dispatch Center could not pinpoint the exact location in the Feather River Canyon to the Warning Center. In addition, dispatch was not “forthcoming” on what was spilled, although the center did state that the Plumas County Sheriff’s Department was notified that “there were no injuries, no hazardous materials released, and that no assistance was needed.” The corn spill after-action report in its conclusion posted its “corrective actions from railroad incident” review. Some of the recommendations are summarized here:

—Push Union Pacific dispatch for better initial report information.

—Use GPS to pinpoint incident location.

—Coordinate with the U.S. Forest Service and the California Department of Fish and Wildlife for any incident in the Feather River Canyon.

—The incident commander for any hazardous materials incident is designated as the primary law enforcement authority.

—Follow Plumas County Hazardous Materials Response Plan.

—The Office of Emergency Services will try to find a local Union Pacific dispatch contact person.

Evidently, the cause of the corn derailment was a section of the railroad track breaking or separating. Ironically, Union Pacific reported that all railroad ties along the Feather River Canyon were replaced in 2013. Union Pacific conducts track inspections at regular intervals and reportedly it conducts Feather River Canyon inspections every three months. Nonetheless, the corn derailment exemplifies that rail accidents can happen at any time.

In respect to the other crude-by-rail spills, the same results were concluded. Train speed was not a factor and rail and bridge inspections were documented before the incidents occurred. The crude-by-rail derailments were all on relatively flat landscapes. The Feather River Canyon route, with its rocky and unstable terrain, is much more prone to outside factors that can lead to derailments.

According to 2013 Plumas County Hazard Mitigation Plan, in 2007 and in 2012 a rockslide struck and derailed passing trains. The 2007 slide derailed 22 rail cars; 20,000 gallons of peanut oil ruptured from several cars and 30,000 gallons of highly flammable denatured alcohol also spilled down the embankment. The 2012 incident was caused by a large boulder that fell onto the tracks and was struck by a Burlington Northern Santa Fe train. Over 3,000 gallons of diesel fuel spilled from the train into the Feather River.

The recent crude-by-rail spills throughout the U.S. showcase the dramatic rise in domestic oil production and rail shipments to coastal refineries. According to railroad data, in 2008 there were reportedly about 10,000 oil cars carrying domestic crude. In 2014, there were over 400,000 crude-by-rail train cars, representing a 4,000 percent increase. Furthermore, the type of crude oil coming from shale deposits from Bakken oil fields (commonly referred as “light crude”) is high combustible. In almost every instance in which trains carrying Bakken crude derail and tanker cars are punctured, fiery detonation results. First responders and emergency service crews can merely watch it burn and concentrate on containment perimeters rather than extinguishing the oil fire. Without sensationalizing a disaster that occurred in another place, had any of the recent oil tanker disasters happened along the Feather River route, particularly at locations near population areas including downtown Portola, Blairsden, Twain and Keddie, where the railroad tracks are relatively close, the extent of the damage could have been far different.

The grand jury would first like to acknowledge as a matter of fact that hazardous chemical hauling is an integral part of our economy. As potentially dangerous as they are, crude oil, gasoline and chemicals are used safely every day. Without them our economy and all the things we do, all the products we require in our daily lives, the way we move would be changed; just about everything revolves around the consumer and the safe use of chemicals and their byproducts.

That being said, the vital role of both the national carriers of hazardous materials and our public safety officials at each level is to make safety the No. 1 priority. Safety, defined here, entails the complete processing of any particular product, from its extraction and refinement to transportation, delivery and ultimate usage.

Railroads carry over 40 percent of our nation’s freight. When conducted safely and securely, commodity transport over rail is proven to be economically the best and most efficient mode of transportation in terms of fuel efficiency, supply chain costs and safety. Intermodal traffic refers to the transport of goods on trains. Today, two major rail companies, Union Pacific and Burlington Northern Santa Fe, transport intermodal goods through Plumas County. According to the Union Pacific Railroad, chemical transport is roughly 17 percent of total payload being carried. The breakdown of goods, however, is not representative of actual train payloads. In other words, trains passing through the county could have any number of railcars full of one particular commodity or another and the cars may be full or empty.

The grand jury has found that the mission statements, top priorities, primary focus and action plans are remarkably similar in commitment, scope and language between hazardous material producers, transport carriers and government officials at every level. In other words, everyone directly engaged in the production and distribution of everything delivered over rail, by air or on pavement — as well as their overseers — share a common pledge to make safety their top priority in the public domain and the environment.

In addition, the grand jury has studied the after-action reports of many of the most recent crude-by-rail derailments and public highway chemical transport accidents and learned that in nearly every case, there were inspections completed days or weeks before the incidents, rail and highway speeds were under the mandated limits and handling of the volatile payloads were properly done according to federal safety mandates.

According to official published reports, there has been more oil spilled from trains in the past two years than in the previous four decades. Between 1975 and 2012, around 800,000 gallons of crude oil was spilled in the U.S. By comparison, according to data from the Pipeline and Hazardous Materials Safety Administration data, over 1.5 million gallons of crude oil was spilled from rail cars.

As a result of the series of ruptures and fires that have recently plagued the U.S., federal regulators are considering higher safety standards and further upgrades such as thicker tanks, rollover protection for chemical carrying tanker cars, electronic braking systems on individual rail cars and increased track inspections.

The U.S. Department of Transportation has issued a notice for crude oil and high-hazard flammable trains tanker cars, calling for a phaseout of the older CTC-111A tanker car (commonly known as the DOT-111). Currently there are still around 300,000 CTC-111A cars still being used throughout the U.S. These tanker cars each generally carry between 20,000 and 30,000 gallons of oil. According to the U.S. Department of Transportation the older CTC-111As have the following safety flaws:

—Thin skins: Upon derailment, tanks often rupture.

—No head shields: Shields on both ends of tanker cars can prevent puncturing during collisions.

—Poor protection over valves and fittings.

—Lack of pressure relief devices for boiling liquid expanding vapor explosions.

In short, the older CTC-111A tanker cars were not designed for hauling flammable materials.

The new replacement tanker car, called the CPC-1232 (CPC is a railroad industry standard that stands for casualty prevention circular), features new standards for hazardous material railway transport. As of November 2011, all new tank cars built for transporting crude oil and ethanol must follow new standards, including half-height shields, thicker tank and head material, normalized steel, top fitting and gauge protection and recloseable pressure relief valves.

As of March 2015, there are reportedly 60,000 of the newer CPC-1232 tanker cars hauling crude in the U.S. In response to all the recent crude-by-rail derailments, Union Pacific, CSX and Burlington Northern Santa Fe have all stepped up in increased safety inspections and adapting new safety standards. The railroads are now relying on distributed power units, which place locomotives in the middle and/or both ends of the trains. Studies show that placing power locomotives on both ends and in the middle enhances safety because it even spreads physical forces on the train.

This revelation is significant — the 1991 Dunsmuir toxic chemical derailment was caused by this very reason. The power locomotive was placed in the rear of a 97-car train and light and empty cars flanked a full tanker car filled with 19,000 gallons of metam sodium. The investigation of the Dunsmuir disaster found that because all the power was placed at the rear of the large train, the uneven power distribution caused the train to buckle.

Metam sodium is a soil fumigant. When it spilled into the upper Sacramento River — because of poor containment action and the nature of toxicity of the chemical — it killed every plant and fish for approximately 40 miles downstream.

Railroads also use wayside electronic detectors to monitor railroad tracks. New safety detecting technology is also being used in their prevention and risk reduction process that features use of lasers and ultrasound to identify rail defects.

The grand jury has learned that many of the hazardous material railcars do not belong to the rail carrier but to the company producing and transporting the product. For example, most of the older CTC-111A and newer CPC-1232 tanker cars are actually owned by the crude oil fracking companies and refineries.

The number of trains carrying crude oil and other hazardous materials is actually based on sheer economics. For example, in 2014, when oil prices hovered around $100 a barrel, the price sent domestic oil production to an all-time high. Crude-by-rail oil shipments though Plumas County increased substantially as coastal refineries in Martinez and Benicia purchased more oil from the Bakken oil fields in North Dakota and other domestic oil fields in Texas and Oklahoma.

DISCUSSION
The grand jury chose a review of several recent U.S. crude-by-rail derailments for comparative reasons. The after-action reports provide valuable findings and recommendations from disasters that can happen anywhere, anytime. The reports are particularly invaluable to first responders, and public safety agencies.

After-action reports detail each incident from the time of the initial report that entails the scope and severity of the incident. In response to the above disastrous incidents, the U.S. Department of Transportation and the Federal Pipeline and Hazardous Materials Safety Administration issued a “call to action” in January, calling on “rail company executives, associations, shippers and state and federal agencies to discuss how stakeholders can prevent and mitigate the consequences of rail accidents that involve flammable liquids.”

The grand jury also believes that examining the recent corn spill in Plumas County and comparing it with the way other derailments were handled can lead to information and recommendations that enhance and hopefully improve upon the vanguards (prevention, preparedness, response, recovery) of any future local potential disaster.

The tenets from the PHMSA call to action report produced similar recommendations — a strategic approach that promotes “effective preincident planning, preparedness, response, outreach and training.” One important point that the grand jury kept hearing was a difficulty and lack of communication between the railroad and local emergency management officials. One of the key elements the PHMSA call to action report specifically addresses is the absolute need for interaction and relevant guidance to first responders and local emergency management teams to “safely and effectively manage incidents.”

The report also called for preincident planning and communication with all organizations to learn about what is being transported. Emergency response teams must have the training to safely contain and protect themselves and the contaminate zone affected. The need for a local hazmat team cannot be overemphasized.

The following crude-by-rail disasters summarized in this grand jury report illustrate some of the potential circumstances other public safety agencies have had to deal with. Despite all the mandated safeguards dealing with hazardous material hauling, i.e., safe speeds, upgraded rail cars, railcar and track inspections, specialized training, etc., accidents can happen anytime and anywhere within transportation routes of hazardous materials.

Plumas County and the surrounding 12 counties in northeastern California lie within Region 3 of the State Emergency Services System. At the time of this report, Plumas County has no hazmat team. Upon any need for hazmat response, Plumas County must contact nearby Butte or Shasta teams. In more serious incidents, Plumas County would have to enlist state or federal emergency service agencies.

Lac-Megantic, Canada: In July 2013 a train carrying 72 tank cars full of crude oil exploded after the train braking system released, sending the unmanned train on a downhill run into the Canadian town of Lac-Megantic, Quebec. The runaway train crashed into a crowded downtown pub, killing 47 people and destroying over 30 buildings. According to the National Transportation Safety Board investigation, the train had been idling and unmanned for over seven hours and the emergency braking system disengaged. The train then rolled down the tracks for several miles, picking up speed and eventually derailing into downtown Lac-Megantic. Of the four disaster crude-by-rail spills mentioned in this report, the results from the official investigation determined that sheer neglect (train left running and unattended and braking system released, causing a runaway unmanned train) was the primary factor in the disaster.

Aliceville, Alabama: A 90-car train carrying Bakken crude derailed in November 2013 and exploded. Nearly 750,000 gallons of its 2 million gallon load spilled in wetlands in Alabama. Officials still assail cleanup operations today and report that containment booms and absorbent products were ineffective.

Lynchburg, Virginia: In April 2014 a CSX train carrying crude oil derailed and caught fire, spilling thousands of gallons of oil into the James River. Oil fires from the ruptured tanker cars burned for two days. Reports indicate that the tanker cars were all the new CPC-1232 model.

Casselton, North Dakota: In December 2013 a Burlington Northern Santa Fe train hauling grain derailed and fell across another set of tracks. Shortly after, a crude oil train heading in the opposite direction struck the derailed cars and derailed itself. Several tanker cars exploded. A slow response to the first incident set up the chain of events for the explosive second incident.

Montgomery, West Virginia: In February 2015 a train carrying crude oil in West Virginia derailed sending 27 tanker cars off the tracks. Twelve of those rail cars exploded, not at once, but randomly for up to 12 hours. The cause is still under investigation.

In the event of a local hazardous material disaster, the Plumas County Office of Emergency Services is notified and it determines the scope and magnitude of the incident and then contacts the Plumas County Board of Supervisors. Depending on the incident assessment of the Plumas County OES, the BOS has the authority to officially declare an emergency, which allows the Plumas County OES to request help from relevant local, state and federal agencies.

Through leadership and partnership with all first responders, each incident goes through a foundational process that includes prevention, preparedness, response and recovery. The first three steps of the mitigation process rely on the safe containment of the hazardous material as quickly as possible with a special focus on protecting human life (isolate, deny entry, protect life safely, mitigate). The recovery phase, however, can last for years. The Dunsmuir toxic spill, for example, seriously impacted the area for several years after. At the time of this report, the crude-by-rail spills were all still in the recovery phase. Fortunately, the Plumas County corn derailment had a minimal effect on the environment. The first three phases of emergency services mitigation at the corn spill served as a great training exercise for all agencies and first responders involved.

Recovery, in this case, was at a minimum in terms of environmental impact.

In regard to Plumas County hazmat, the grand jury has learned that the county must rely on local volunteers to devote their time as first responders.

Plumas County has had a difficult time finding enough volunteers to cover the entire county, and retaining volunteers after hazmat certification and specialized training has not worked out. All the local fire districts within Plumas County have been actively seeking volunteers.

FINDINGS
F1) The grand jury finds that communication between Plumas County public safety agencies and railroad officials is profoundly inadequate.

F2) The grand jury finds that the lack of spill and containment equipment along rail routes in Plumas County poses a direct threat to public safety and the natural environment.

F3) The grand jury finds that relying on hazmat response teams from surrounding counties compromises response times and threatens Plumas County public safety and natural resources.

F4) The grand jury finds that the lack of training of first responders concerning hazardous materials that they may have to deal with could have profound consequences.

F5) The grand jury finds that population centers within Plumas County that are in close proximity to railroads have grossly inadequate protection resources.

RECOMMENDATIONS
R1) The grand jury recommends Plumas County Emergency Services and the Plumas County Environment Health Agency establish direct local contact with Union Pacific and Burlington Northern Santa Fe and any hazardous material carrier that operates within the county.

R2) The grand jury recommends that Plumas County negotiate with railroad officials to have spill containment booms and absorbent kits in key strategic storage facilities in Plumas County.

R3) The grand jury recommends that the BOS find the means to provide hazmat training and certification to in-county first responders.

R4) The grand jury recommends more hazardous material training between first responders and all those involved in mitigating hazardous material disasters. Union Pacific, for example, offers tank car safety training in Roseville at the California Office of Emergency Services Specialized Training Institute every year. The training involves practically all aspects of hazardous material incident mitigation.

R5) The grand jury recommends that the BOS and Plumas County OES conduct a “what-if” evaluation for population centers within Plumas County that are within potential “blast zones” of crude-by-rail tanker cars.

BENICIA HERALD LETTER TO THE EDITOR: Dr. James Egan: Deny Valero’s application

From The Benicia Herald (Benicia Herald letters appear only in the print edition)
[Editor:  Dr. Egan’s letter is a welcome contribution, expressing the growing conviction of many throughout North America, that crude-by-rail is simply unsafe under current conditions, and should be not be permitted at this time.  See also Dr. Egan’s 9/14/14 comments addressing the Valero Crude By Rail Draft EIR.  – RS]

Timely decision on crude by rail warranted: Deny Valero’s application

By James Egan, M.D., Benicia, March 10, 2015

The headline in the Feb. 5, 2015 edition of The Herald, “Another delay as crude-by-rail project debate enters 3rd year,” signals sympathy toward the Valero Benicia Refinery as regards its Crude by Rail (CBR) Use Permit Application, currently before the Planning Commission.  While it is difficult working up crocodile tears for a multi-billion-dollar international oil corporation, the energy and expense invested in forwarding this project bear acknowledgement, and a timely decision on the application should be made out of fairness to the applicant.  To that end, I would like to suggest that the Planning Commission and the City Council have enough information available to take action at any time.  The application should be denied on the basis of rail safety.

On Feb. 17 of this year a crude oil train derailed and exploded in Mount Carbon, W.Va.  Three million gallons of Bakken crude spilled from 26 ruptured tank cars, forcing the evacuation of two nearby towns.  Two days prior, another oil train derailed and caught fire in Ontario, Canada.  Last Thursday, March 5, 21 cars carrying Bakken crude derailed, split and exploded near Galena, Ill.  Another of the dozens of oil- or ethanol-train accidents involving a fire, derailment or significant fuel spill reported in the U.S. or Canada since 2006 was the Lynchburg, Va. derailment and fire in April 2014.

The significance of this particular series of railway disasters to the citizens of Benicia is that they all involved CPC-1232 tank cars, the same cars that Valero would use for the transportation of crude to its facility in Benicia, according to the Draft Environmental Impact Report.

In a Feb. 23 editorial titled, “Get rid of exploding tank cars,” the San Francisco Chronicle states that “Valero Energy Co. has agreed to haul Bakken crude to its Benicia bayside refinery in the newer CPC-1232 cars as part of its city permit application to revamp its facilities to receive crude by rail rather than by oceangoing tanker.  But that promise now appears inadequate to protect the safety of those in Benicia as well as in other communities – Roseville, Sacramento, Davis – along the line.”

The same edition of the Chronicle details a report from the Department of Transportation predicting that trains hauling crude oil or ethanol will derail 15 times in 2015 and average 10 times yearly over the next two decades, causing $4.5 billion in damage with potential fatalities of more than 200 people in a given accident.  This may actually be an underestimate based on recent major derailment rates.

Friends and foes of CBR alike agree that the transportation of crude oil by rail involves inherent risk.  Can’t we also agree that the risk should be reduced to the greatest extent possible before inviting these potentially explosive trains to Benicia?  Lowering the risk of tank car derailment, rupture and explosion now should translate into saved human lives and prevention of environmental disasters in the future.

The danger can, in fact, be mitigated.  The crude can be stabilized prior to its transportation by extraction of its most volatile components.  North Dakota has implemented standards making this mandatory for Bakken crude, but many feel that their new guidelines are overly lax.  New federal regulations due to be released in May could further address this, as would rail safety measures such as Positive Train Control and electronically controlled pneumatic brakes.  New, safer tank cars designed specifically to carry this type of crude have been designed and are in production.

Unfortunately, the new federal guidelines will likely require years for full enforcement, and complete phaseout of the existing, unreliable tank car fleet by newer, stronger cars, such as the Greenbrier HM-251, will also require years of effort.

Accordingly, if we agree that the risks of transportation of crude by rail should be absolutely minimized prior to approving the CRB project, we have to acknowledge that this is currently beyond Valero’s reach and the Use Permit Application should be denied.

Those who would roll the dice and approve the current application should consider how comfortable they will feel with that decision once they find themselves in a front row seat at the Park/Bayshore railroad crossing watching fifty tank cars containing 1,470,000 gallons of potentially explosive crude rumble by on the same spur line that has seen derailment of five train cars since Nov. 4, 2013 (in addition to the two locomotives that derailed on Sept. 7, 2014 near the port).

Kudos to Planning Commission members for the time and energy spent on fairly evaluating this project.  It would seem that as time has passed the correct path forward has become much clearer.  At this point, the ongoing health and well-being of all Benicians should hold foremost importance in the decision-making process.  Their protection is the least we can expect from our city government.

James Egan, M.D.

Northern California Representatives call for no delay in or weakening of new oil-by-rail safety standards

Repost from The Benicia Herald
[Editor: In an otherwise excellent report, this story fails to mention that Benicia’s own Representative Mike Thompson and 5 other Northern California legislators joined with Reps. Garamendi and Matsui in signing the letter.  Note as well that the fires in the West Virginia explosion burned for nearly 3 days (not 24 hours per this article).  See also Rep. Garamendi’s Press Release.  A PDF copy of the signed letter is available here.  See also coverage in The Sacramento Bee.  – RS]

Garamendi calls for no delay in oil-by-rail safety improvements

By Donna Beth Weilenman, March 4, 2015

U.S. Rep. John Garamendi, D-Fairfield, is urging the Department of Transportation to issue stronger safety standards for transporting oil by train “without delay.”

Garamendi, a member of the House Committee on Transportation and Infrastructure, made his call in a letter he authored after working with U.S. Rep. Doris Matsui, D-Sacramento, and circulated among members of the House.

He said the letter responds to news that the DOT may consider weakening oil train safety regulations and delaying a deadline for companies to comply with certain safety guidelines.

He said he also has been making his appeal to DOT officials in person as well as in committee hearings and in speaking with reporters, urging the department to adopt stronger safety measures designed to protect communities near rail lines.

He said several key intercontinental rail lines that reach West Coast ports and refineries lie within his Third District.

Those rail lines go through Fairfield, Suisun City, Dixon, Davis, Marysville and Sacramento, he said.

Garamendi is the leading Democrat on the House Committee on Transportation and Infrastructure’s Subcommittee on the Coast Guard and Maritime Transportation.

He pointed to a February accident in West Virginia in which a train carrying crude oil derailed and exploded, and said that was just the latest in a series of more frequently occurring incidents.

That accident happened in Fayette County, in which Garamendi said 28 tanker rail cars in a CSX train went off the tracks and 20 caught fire, accompanied by explosions and 100-yard-high flames.

Nearby residents were evacuated, and the fires burned for 24 hours.

West Virginia’s governor, Earl Ray Tomblin, issued a statement saying the train was carrying Bakken crude from North Dakota to Yorktown, Va. The train had two locomotives and 109 rail cars, according to a CSX statement.

CSX originally said one car entered the Kanawha River, but later said none had done so.

The company reported at least one rail car ruptured and caught fire. One home was destroyed, and at least one person was treated for potential inhalation of fumes.

The rail line said it was using newer-model tank cars, called CPC 1232, which are described as tougher than DOT-111 cars made before 2011. Garamendi confirmed that.

He also said the train was traveling at 33 mph, well below the 50-mph speed limit for that portion of the track.

According to a report by the Wall Street Journal and a statement from the North Dakota Industrial Commission, the oil contained volatile gases, and its vapor pressure was 13.9 pounds per square inch. A new limit of 13.7 pounds per square inch is expected to be set by North Dakota in April on oil carried by truck or rail from the Bakken Shale fields, though Brad Leone, a spokesperson from Plains All American Pipeline, the company that shipped the oil, said his company had followed all regulations that govern crude shipping and testing.

A few days before, another Canadian National Railways train derailed in Ontario.

“Families living near oil-by-rail shipping lines are rightfully concerned about the safety of the trains that pass through their communities,” Garamendi said.

“For that reason, I have repeatedly called on the Department of Transportation to use all the tools at their disposal to ensure that these shipments are as safe and secure as possible.”

He said he also wants the DOT to act quickly.

“Every day that strong and effective rules are delayed is another day that millions of Americans, including many in my district, are put at greater risk.

“While the Department has made this a priority, they must move with greater urgency to address this matter.”

He and Matsui have written Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, and Sarah Feinberg, acting administrator of the Federal Railroad Administration, expressing “our strong concern that despite increased train car derailments and an overall delay in the issuance of oil-train safety regulations, the Department of Transportation may be considering a revision that could delay the deadline for companies to comply with important safety guidelines, including upgrading CPC-1232 tank cars to new standards.”

Citing the frequency of derailments, they wrote that such measures as stabilizing crude and track maintenance before transport should be added to those standards. “Any weakening of the proposed rule would be ill-advised,” they wrote.

The two wrote that the West Virginia accident was the third reported in February.

In addition to that one and the Ontario accident, another train carrying ethanol derailed and caught fire in Iowa.

“These are in addition to recent derailments in Northern California’s Feather River Canyon, Plumas County, and Antelope region where three train cars derailed earlier this year while en route from Stockton to Roseville,” they wrote.

The two said the need for safer train cars “has long been documented and is overdue.”

They said the DOT began updating rules in April 2012. Meanwhile, from 2006 to April 2014, 281 tank cars derailed in the United States and Canada.

They wrote that 48 people died and nearly 5 million gallons of crude oil and ethanol were released.

“Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives,” they wrote.

In the wake of “this alarming news,” they wrote of their “great concern” that Pipeline and Hazardous Materials Safety Administration failed to meet its Jan. 15 deadline to release a final rule on crude-by-rail regulations.

They urged the DOT to maintain the timeline that gives companies two years to retrofit cars and to have provisions in place or additional regulations drafted to require stabilization of crude as well as better track maintenance technology.

“We understand that more than 3,000 comments to the rule were analyzed and we commend the DOT for its work with industry thus far on information sharing, slower speeds, and reinforced railcars, but the multi-pronged solutions for this important safety issue must be implemented as quickly as possible,” they wrote.

“We also believe that DOT should issue a rule that requires stripping out the most volatile elements from Bakken crude before it is loaded onto rail cars.

“This operation may be able to lower the vapor pressure of crude oil, making it less volatile and therefore safer to transport by pipeline or rail tank car,” they wrote.

In addition, they wrote that greater priority must be placed on track maintenance and improvement.

“We need safer rail lines that are built for the 21st century, including more advanced technology in maintaining railroad tracks and trains so that faulty axles and tracks do not lead to further derailments,” they wrote.

Saying 16 million Americans live near oil-by-rail shipping lanes, Garamendi and Matsui wrote that if “dangerous and volatile crude” is to be shipped through municipalities and along sensitive waters and wildlife habitat, “the rail and shipping industries must do more.”

The two praised the National Transportation Safety Board for investigating the accidents thoroughly.

But they added that those living near crude-by-rail tracks “should not have to live with the fear that it is only a matter of time.”

Instead, they wrote, the DOT should work toward “release of a strong and robust safety rule as soon as possible.”

Sacramento Bee editorial: We need open debate on oil train safety

Repost from The Sacramento Bee
[Benicia Independent Editor:  A bit odd that the Bee editorial is defending the rail industry’s right to talk to the media and to lobby congress.  Nice, though, when the Bee writes, “Thankfully, officials in Benicia actually listened to people who exercised free speech.  They announced last week they will redo parts of an environmental study….”  A call for open debate is a good thing.  However, the House subcommittee’s urging for timely new rules on tank car safety is infinitely more important than Rep. Denham’s comment and the Bee’s response.  For a more substantive article on the subcommittee proceedings, see the CQ Roll Call story.  – RS]

We need open debate on oil train safety

By the Editorial Board, 02/10/2015
Rep. Jeff Denham, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, questions a witness last year.
Rep. Jeff Denham, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, questions a witness last year. Pete Marovich / MCT Tribune News Service

As oil trains rumble through the Sacramento region, a key House panel held an important hearing on how rail and pipelines can keep up – safely – with the boom in domestic oil production. For two hours, top rail and oil industry executives testified and answered questions on this crucial issue.

Then Rep. Jeff Denham had to go and spoil it.

The Turlock Republican, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, ended last week’s hearing on an unfortunate note – an unnecessary dressing down of a rail car manufacturing executive who called on federal regulators to speed up the rollout of safer oil tank cars.

Though his firm (which has a repair shop in Modesto) would benefit financially, Greg Saxton, senior vice president and chief engineer at the Greenbrier Companies, happens to be right. The National Transportation Safety Board, which put rail tank car safety on its “most wanted” list for 2015, points out that more than 100,000 outdated cars carry crude, increasing the risk of leaks and explosions. Denham also says he’s concerned that the U.S. Department of Transportation missed its own Jan. 30 deadline to submit new rules on oil tank cars.

So what was Saxton’s transgression, according to Denham? He had the temerity to talk to lowly newspaper editorial writers, as well as esteemed members of Congress.

Denham lectured Saxton that he didn’t want the “wrong people” – whoever they are – “talking to the ed boards across the country” and creating a “misperception” that “our industry” is unsafe.

“I just want to make sure we’re all singing the same tune that we have a very safe industry and we want to work together in improving that industry,” the congressman said, as pointed out by Mike Dunbar, opinions page editor at The Modesto Bee who talked to Saxton last month.

Last time we checked, acting as a public relations consultant for the oil industry isn’t Denham’s job. He should care much more about keeping his constituents in Modesto and Turlock safe. As chairman of this important panel, he should encourage open debate. Instead, his spokeswoman said Tuesday, Denham stands by his remarks to Saxton.

Thankfully, officials in Benicia actually listened to people who exercised free speech.

They announced last week they will redo parts of an environmental study on the proposal for two 50-car oil trains a day to traverse Sacramento and other Northern California cities on the way to the Valero refinery in Benicia.

Benicia officials are responding to environmental groups, Sacramento-area officials and Attorney General Kamala Harris, who had all properly pointed out that the report fell short in analyzing potential oil spills and fires in the middle of urban areas and didn’t even consider possible harm east of Roseville.

The updated study, to be released June 30, also needs to at least consider suggestions from Sacramento and Davis leaders that Union Pacific Railroad be required to give advance notice of oil shipments to emergency responders and be banned from parking oil trains in urban areas.

They’re the sorts of ideas that people might just want to explain to a congressional committee – or perhaps even an editorial board.