Tag Archives: State regulation

Green Groups press New York state for $100 million Oil Spill Fund

Repost from the Press-Republican, Plattsburgh NY

Green Groups press for $100 million state Oil Spill Fund

Claim $40M proposed in state budget won’t cover cost of derailments

By Kim Smith Dedam, March 23, 2015

ELIZABETHTOWN — Environmental groups are pushing state lawmakers to bulk up the state’s Oil Spill Fund.

They see a need for $100 million set aside, not $40 million as is currently proposed in the executive and legislative budgets.

And they have asked Gov. Andrew Cuomo and legislators to leave the money within the purview of the State Comptroller’s Office and not move the fund to State Department of Environmental Conservation coffers.

“This is a backup fund, mainly because in other cases, where a spill has led to significant cleanup costs, some companies go out of business, including the company whose accident resulted in the explosion at Lac-Megantic in Quebec,” Adirondack Council spokesman John Sheehan said in an interview this week.

“At that point, there is little the state can do to get the money from the company other than to go to court.”

‘DOESN’T TAKE MUCH’

Total liabilities for the Lac-Mégantic, Quebec, rail disaster in July 2013 could easily reach $2.7 billion over the next decade, the coalition said in a news release.

The Adirondack Council joined forces with Environmental Advocates, the Sierra Club and Riverkeeper to press the Oil Spill Fund issue.

“Typically, the requirement for (accident) insurance has not been high enough to cover the cost of an accident that could take place as the result of an explosion,” Sheehan told the Press-Republican.

“And it doesn’t take much oil to contaminate thousands of gallons of water, especially when we’re talking about a drinking water supply for 188,000 people, which Lake Champlain is.”

The Canadian Pacific Railroad line runs the entire length of Lake Champlain’s western shore, and oil train trips have increased in recent months.

Many places where oil cars have spilled and exploded sustained permanent environmental damage, Sheehan said.

$60 MILLION MORE

The coalition is not trying to force funding contributions from oil transport companies or the railroads to bolster state Oil Spill Funds.

They do believe lawmakers in Albany are on the right track in looking to increase funding for next year.

“However, the $15 million increase to $40 million proposed by (Cuomo) and Assembly budgets could and should be increased.

“In today’s dollars, the $25 million fund created in 1977 would be a $96.4 million fund today,” the coalition said in a news release.

“Thus, we urge that the fund cap be increased to $100 million to bring it back to parity with the monetary protection it afforded nearly four decades ago.”

They also charge that the Oil Spill Fund should be indexed to keep pace with inflation.

10 WRECKS YEARLY

“Federal regulators have told us to expect at least 10 major derailments of crude oil trains a year. There have already been four in the last three weeks,” Kate Hudson, Riverkeeper’s Special Projects director, said in a news release.

“It’s no longer a matter of if, but when, a catastrophe will happen in a New York community. If we are without a robust spill fund, New York citizens could be left to shoulder the cost of the cleanup and damages, just as the citizens of Canada were a year and a half ago.”

SEPARATE ACCOUNTS

Environmental advocates also asked Albany to fund emergency response separately from oil spill response and environmental cleanup.

“We welcome proposed funding for emergency response equipment, supplies and training for state and local emergency services personnel,” the coalition said in a news release.

“We strongly support the Assembly’s proposed legislation, which would keep that funding separate from the account that pays for remediation costs, as well as the damages associated with loss of life and property damage and economic losses suffered by individuals and businesses in the event of a spill.”

If response and spill monies are kept in a joint account, they contend, emergency cleanup costs could deplete the response fund, leaving the state without resources to remediate a spill.

‘TREMENDOUS RISK’

Roger Downs, conservation director for the Sierra Club’s Atlantic Chapter, said New Yorkers assume “tremendous risk and little economic benefit” from the millions of gallons of explosive crude oil that “rumble through our cities and along our precious waterways every day.”

Inaction on the part of the federal government to adequately address the risks or improve oil-tank-car safety should not prevent state lawmakers from building the most robust spill fund possible, he said.

The joint call for heightened oil-spill resources came within a day of the release of reports from state inspections done at railroad yards in Albany and Buffalo.

State inspectors found 93 defects in tracks and crude oil cars, including seven critical safety defects that had to be fixed before cars could continue operation.

Inspections were done on tankers at a CSX rail yard in Buffalo and at the Canadian Pacific yard in Albany.

Washington State rail regulators to Fine BNSF for not reporting leaks immediately

Repost from The Bellingham Herald

State rail regulators: Fine BNSF for not reporting leaks immediately

By Samantha Wohlfeil, March 19, 2015 
Ferndale Siding  PAD
BNSF rail cars on the railroad siding in Custer, Friday Aug. 22, 2014. The railroad is building a new siding from Ferndale to Custer. PHILIP A. DWYER — The Bellingham Herald

Washington state regulators have recommended BNSF Railway be fined up to $700,000 for failing to properly report more than a dozen hazardous materials spills in recent months despite the fact state staff had reminded the company how to do so last fall.

On Thursday, March 19, the state Utilities and Transportation Commission staff announced it found BNSF had failed to report 14 releases of hazardous materials, including crude oil leaks, within a half hour of learning about the leaks, as required by state law.

In one case, crews at BP Cherry Point refinery found crude oil had leaked onto the sides and wheels of a tank car, which was found to be 1,611 gallons short. That was on Nov. 5, but the UTC didn’t find out about it until Dec. 3, when it got a copy of the report BNSF sent to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration. Railroads have 30 days to file that type of report.

When contacted about the incident by a McClatchy reporter in January, BNSF said the train was “not in transit, not on our property and not in our custody” when the spill was detected, and the company had submitted the required reports to state and federal regulators.

In another case from Jan. 12 and 13, a train hauling 100 cars of Bakken crude oil from North Dakota to the Tesoro refinery in Anacortes had more than a dozen leaking cars discovered in multiple stops as it crossed the state.

Although the UTC sent an investigator to look at the leaking cars as part of a Federal Railroad Administration investigation, BNSF didn’t report the incident to the state’s 24-hour hotline at the Emergency Management Division until two weeks later. The hotline duty officer is in charge of alerting the various state agencies that might need to respond to a spill.

When asked by The Bellingham Herald in February why the January incident was reported more than a week later, BNSF spokeswoman Courtney Wallace replied that BNSF staff members thought they were following proper protocols, and had amended their Washington reporting policy following discussions with the UTC in January.

But the investigation released by the UTC on Thursday shows that on Oct. 22, 2014, the UTC had emailed a copy of the state’s reporting requirements to Patrick Brady, BNSF’s director of hazardous materials and special operations, in an effort to make sure BNSF knew how to report accidents.

As copied into the body of the Oct. 22 email to Brady, the state law regulating accident reports ( WAC 480-62-310) lists the hotline number, which types of incidents must be reported, and states that railroad companies must call within 30 minutes of learning of the event.

On Dec. 3, Brady emailed the UTC again asking, “Can you send me the regulatory reference to spill notification to the UTC?” Staff members again emailed Brady the state law on reporting requirements, according to emails included in the investigation.

From Nov. 1, 2014, to Feb. 24, UTC staff found BNSF committed 700 violations of the reporting requirement. Every day an incident goes unreported counts as a separate violation, per state law.

In addition to the leaking crude oil incidents, the UTC announcement lists a variety of leaks that occurred throughout the state: a tank car dripping gas/oil from a bottom valve in Spokane Valley on Dec. 8, 2014; cars leaking “primary sludge” found in incidents in Seattle, Vancouver and Everett in December; two 100-gallon spills of lube oil from locomotives in December and January, among others.

The commission could opt to fine the company $1,000 per violation of the reporting law, but no fine has been issued yet. The commission will set a final penalty after BNSF gets the chance to have a hearing.

“When a company fails to notify the (state Emergency Operations Center) that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment,” the UTC announcement states.

BNSF was still reviewing the report when contacted for comment on Thursday.

“In regards to reporting releases in Washington state, we believed we were complying in good faith with the requirements from our agency partners,” BNSF’s Wallace wrote in a statement. “Following guidance from the UTC in January 2015, BNSF reviewed its reporting notification process and amended its practices to address concerns identified by the UTC. We will continue to work closely with the UTC moving forward on this issue.”

BNSF is the largest railroad company operating in Washington.

Terminal settles with Oregon over excess oil shipments (6x more than allowed)

Repost from The Herald and News, Klamath Falls OR

Terminal settles with Oregon over excess oil shipments

AP, March 19, 2015 updated 1:00 pm

CLATSKANIE, Ore. (AP) — The owner of an oil train terminal in northwest Oregon has agreed to pay a reduced fine for moving six times more crude oil in 2013 than was allowed.

The Oregonian reports (http://is.gd/0Uivsj) the fine was cut by $15,000, to $102,292.

The state Department of Environmental Quality said the premise of fine originally was that the company acted intentionally in shipping nearly 300 million gallons through the terminal near Clatskanie.

But the agency now says it can prove only that the company acted negligently.

Massachusetts-based Global Partners admitted no wrongdoing. Its lawyer said the company disagreed with the penalty but was happy the issue is resolved.

Trains carrying North Dakota crude oil began moving through Oregon in 2012. At the Clatskanie terminal, it’s put on barges for West Coast refineries.