Feds won’t weaken oil-train public disclosure rules
By Paul Nussbaum, Inquirer Staff Writer, May 29, 2015, 5:20 PM
An oil train passes through Philadelphia on April 15, 2015. (Jon Snyder/Daily News)
Responding to Congressional and public criticism, federal regulators said Friday they will not weaken rules requiring certain disclosures about trains transporting crude oil and other hazardous materials.
The Inquirer reported this week that new oil-train rules issued May 7 by the U.S. Department of Transportation would end a 2014 requirement for railroads to share information about large volumes of crude oil with state emergency-response commissions.
Instead, railroads were to share information directly with some emergency responders, but the information would be exempt from the Freedom of Information Act and state public records laws.
“Under this approach,” the new rule said, “the transportation of crude oil by rail . . . can avoid the negative security and business implications of widespread public disclosure of routing and volume data…”
But the federal Pipeline and Hazardous Materials Safety Administration, an arm of the transportation department, said Friday it will not make the change.
Instead, the existing rule “will remain in full force and effect until further notice while the agency considers options for codifying the May 2014 disclosure requirement on a permanent basis,” the agency said.
Saying that “transparency is a critical piece of the federal government’s comprehensive approach to safety,” the agency said it supports “the public disclosure of this information to the extent allowed by applicable state, local, and tribal laws.”
U.S. Sen. Robert Casey (D., Pa.) was one of nine senators who asked the agency to keep the existing rule in place.
Casey said Friday he was “pleased” by the agency’s decision.
“First responders who risk their lives when trains derail deserve to know what chemicals they could be dealing with when they get to the scene,” Casey said in a statement.
The disclosure rules about train routes and general numbers of trains apply to all trains carrying 1 million gallons or more of crude oil from the Baaken oil deposit in North Dakota.
Repost from Chico News & Review [Editor: This article is well-written and documents gutsy analyses by a regional firefighter and County officials who understand that local safety is at the mercy of federal regulators. Three years of Russian roulette – and more. A “must read.” – RS]
Russian roulette on the railways
Butte County train tracks are Bakken-free for now, but emergency responders fear a return of the volatile fuel
By Evan Tuchinsky, 05.21.15
Cal Fire Battalion Chief Russ Fowler says the Department of Transportation’s new rules regarding traincar safety are insufficient. PHOTO COURTESY OF CAL FIRE
What is ‘Bakken’?
The light crude oil known as Bakken comes from fracking a geologic formation of that name under North Dakota, Montana and Canada. Less dense and with less carbon, light crudes yield more gasoline than heavier crudes, but also are more volatile.
Trains crash. That fact hit home last week when a passenger train derailed in Philadelphia and also last year, on Nov. 26, when a cargo train derailed in the Feather River Canyon.
The risk of devastation multiplies when the derailed train carries volatile crude oil. A recent spate of those accidents has garnered national attention, too, prompting the U.S. Department of Transportation (DoT) to release new regulations governing the conveyance of flammable liquids. The measures have drawn near-unanimous opposition, though, and done little to assuage lingering local fears.
“My constituents have raised concerns and the Board [of Supervisors] is concerned,” said Butte County Supervisor Maureen Kirk, who represents Chico. “We’re hoping that some of the legislation and some of the discussion that comes forward will make even stiffer requirements on the transport of this Bakken oil.”
The DoT regulations came out May 1. Five days later, another oil train crashed, in North Dakota. By last Friday (May 15), both the petroleum industry and environmentalists had filed legal challenges to the DoT’s so-called “final rule.”
The International Association of Fire Fighters also has voiced objections. Representing more than 300,000 firefighters in North America, the IAFF protested a provision that allows railroads to keep the contents of their trains confidential—under the banner of national security.
Russ Fowler, battalion chief with Cal Fire Butte County and coordinator of the local Interagency Hazardous Materials Team, has additional concerns. DoT regulations phase out tank cars that are not up to the current safety standard, rather than pull them off the rails for retrofitting or retirement. Transportation Secretary Anthony Foxx has argued that the alternative would result in increased oil-tanker traffic on highways.
Fowler says one particular railcar commonly used to carry volatile Bakken crude oil, the DOT-111, “just [wasn’t] designed for that product.” Since railroads have until 2018 to get those cars up to standard, “we have three years of potential Russian roulette on our hands if light crude oil is transported down the Feather River Canyon like it was done last fall.”
Cal Fire has communicated with BNSF Railway, Fowler said, and has been told no crude oil deliveries have come through Butte County this year. “I have no reason not to believe them,” he added, though he’s seen DOT-111s riding on Chico tracks.
Lena Kent, BNSF’s spokeswoman for California, confirmed by email that “we are not currently transporting Bakken crude in your county.” She also wrote: “We do provide information to the Office of Emergency Services in California.”
That’s in contrast with last year, when train cars carrying millions of gallons of the explosive oil, reportedly around one shipment per week, did make their way way along the Feather River Canyon. Experts tie the reduction of imports to a reduced demand for the fuel, a lighter type that’s similar to gasoline and thus extremely volatile.
While Cal Fire dreads the prospect of an urban crash, the Feather River Canyon presents a distinct set of frets.
Train tracks head into remote areas that are difficult for emergency responders to reach. Access roads don’t always run adjacent to the rail route—not even parallel in certain spots. Depending on where a crash occurred, spilled oil could contaminate the Feather River and Lake Oroville—a major source of water for California—or could start a forest fire should it ignite.
Even without a blaze or river release, “it would make an ugly, oily mess in the canyon,” Fowler said. “It would be a terrible environmental disaster.”
Butte County supervisors articulated such concerns to the California Public Utility Commission and the Governor’s Office of Emergency Services, before the DoT released its regulations. OES responded by saying the state is investing in “purchasing new Type II hazardous material emergency response units” and in “local training specific to … rail safety incidents.”
For Supervisor Doug Teeter, the board chair who represents the Ridge, that’s little assurance. He has a powerless feeling—believing “it’s just a matter of time” before an accident happens locally, yet knowing “as a county we have no control” over the rails.
“We’re at the mercy of the federal regulators,” he continued. “All we’re really getting is a little response on improved training and equipment. That is not nearly enough to handle a 100-car spill.”
Either in populated or unpopulated areas.
“We as a hazmat team plan for worst-case scenarios,” Fowler said. “Just because you plan for a worst-case scenario doesn’t mean you can mitigate the worst-case scenario, because there are things that can happen that are so catastrophic that it would overwhelm local resources until more regional or statewide resources could come in to help.”
Should legal challenges fail, and in the absence of local authority, a remedy to the DoT regulations remains: Congress. Teeter recently met with a representative of Sen. Barbara Boxer. Meanwhile, North State Congressman John Garamendi has introduced legislation to make light crude safer for rail transport.
Teeter encourages constituents to write congressional representatives and senators. He finds encouragement even in the controversial DoT regulations, which arose amid an uproar.
“Maybe now we’ll have a voice,” Teeter said. “Maybe something can happen.”
Repost from Reuters [Editor: These tank cars exceed the new standard, but still fail on several counts. For instance, note the closing sentences here: “Hack said Tesoro is talking with Union Tank Car on possibly outfitting crude railcars to add enhanced brakes before the 2021 deadline. ‘We have some time to make that decision,’ he said.” You can be sure that every refinery seeking permits for crude by rail will crow that they, too, have ordered newer, safer tank cars. Get ready, Benicia! – RS]
EXCLUSIVE-Tesoro building crude railcars stronger than new US rules require
By Kristin Hayes, May 18, 2015 4:59pm BST
(Reuters) – U.S. refiner Tesoro Corp has ordered new crude oil railcars with features that surpass safety standards that federal regulators set this month, executives told Reuters.
The 210 tank cars being built in northern Louisiana are so-called pressure cars, with the same design as those that carry liquid petroleum gases such as propane and butane, gas cargoes that are more flammable than crude oil.
They will be delivered in the coming months after being ordered in early 2014.
The new federal rules for all crude and ethanol railcars built after Oct. 1 of this year do not require strength to the level of a pressure car but are stronger than the standards adopted by the industry in 2011.
Tesoro, like other oil-by-rail players, knew the federal standards were coming and the basics of what they would likely be. But the company went further with a stronger car, “which is the primary thing we control,” C.J. Warner, Tesoro’s head of strategy and business development, told Reuters.
The order was a sign the refiner wanted to get ahead of the coming regulations and avoid potential capacity bottlenecks at companies that build tank cars as shippers must now renovate their fleets.
Booming North American onshore production spurred sharp growth in moving oil by rail, particularly for U.S. West and East coast refiners which otherwise must depend on more costly imports. No major crude pipelines move oil from the Midcontinent west across the Rocky Mountains or east through the Appalachians and densely populated northeastern states.
Fiery derailments, caused in some cases by track failures, have become more frequent as oil-by-rail and crude-only trains carrying 100 cars or more went from nearly nothing five years ago to more than 1 million barrels per day late last year.
Opposition to moving oil by rail spiked on safety concerns, prompting the U.S. Department of Transportation and Canada to impose new railcar safety standards.
Tesoro isn’t the only refiner that didn’t wait for word from the U.S. DOT to order stronger cars.
Phillips 66 confirmed to Reuters that it also last year ordered 350 non-pressurized new cars that mostly match the new DOT standard. Those cars will be delivered by year-end, the company said.
THICKER HULLS
Both sets of new cars have 9/16-inch-thick hulls, steel shields on the front and back and protections for valves and fittings where crude goes in on top and drains out the bottom, as the new rules require, company executives said. Tesoro’s design modifies those fittings to handle crude rather than just LPGs.
Tesoro’s cars also have test pressure specifications of 200 pounds per square inch of internal pressure, twice that for non-pressurized cars. A test pressure is typically 20 to 40 percent of how much pressure it would take for the railcar to burst.
That level of test pressure is standard for cars that transport LPGs or highly poisonous substances such as hydrogen cyanide, according to the Association of American Railroads.
“When we saw the design, we were very comfortable that it would meet the new standards that we anticipated,” John Hack, Tesoro’s head of rail operations, told Reuters.
For Tesoro, which hopes to build the largest oil-by-rail facility in the United States in Washington state, it’s an investment in safety and continued access to cheaper North American crudes.
“It’s very important to us to continue to transport North American crude and get it from the Midcontinent out to the West Coast where it competes very nicely with the foreign crudes,” Warner said.
RETROFITS?
By last year most refiners, including Tesoro and Phillips 66, no longer accepted shipments in older, weaker railcars such as those used on a runaway crude train that careened into the small Quebec town of Lac Megantic in mid-2013, killing 47 people.
Early last year Tesoro needed to replace the last of its older cars and worked with its builder, Berkshire Hathaway Inc’s Union Tank Car, to develop the new design, Warner said.
Tesoro and Phillips 66 aim to use their newest cars in crude trains before deciding whether to order more. Both companies’ fleets meet the 2011 industry standard for cars with 7/16-inch-thick hulls and reinforced valves.
Those 7/16-inch cars don’t have to be thrown out, but to move in crude-only trains, they will need added protections, including ‘jackets’, or an extra layer of steel around the tank, according to the DOT rules.
Neither Tesoro’s nor Phillips 66’s new cars are equipped with specialized brakes that the DOT said crude-only trains must have starting in 2021 or be held to 30 miles per hour. An oil industry trade group is challenging that provision in court.
Hack said Tesoro is talking with Union Tank Car on possibly outfitting crude railcars to add enhanced brakes before the 2021 deadline.
“We have some time to make that decision,” he said.
(Reporting by Kristen Hays; Editing by Terry Wade and James Dalgleish)
Repost from CNN [Editor: One of the best reports I’ve seen. The video has spokespeople for environmental concerns and footage of protests. Unfortunately, CNN does not permit embedding – you will need to go to CNN and watch the commercial first. Grrr. – RS]
Santa Barbara oil spill: Authorities, environmentalists step up response
By Michael Martinez, Sara Sidner, and Faith Karimi, CNN, May 23, 2015
Santa Barbara, California (CNN) – Authorities have intensified their response to this week’s Santa Barbara oil spill by announcing remedies and additional investigations.
The California attorney general’s office is working with local prosecutors as well as state and federal agencies in investigating Tuesday’s spill that prompted a state-issued emergency in Santa Barbara County and the closing of two state beaches until June 4.
“California’s coastline is one of the state’s most precious natural treasures. This oil spill has scarred the scenic Santa Barbara coast, natural habitats and wildlife. My office is working closely with our state and federal partners on an investigation of this conduct to ensure we hold responsible parties accountable,” Attorney General Kamala D. Harris said.
The cause of the oil spill remains under investigation.
Oil company’s response
The oil firm, Plains All American Pipeline, has been actively participating in the cleanup and daily press conferences with federal and state officials.
“Our goal is zero (spills),” senior director Patrick Hodgins of Plains All American told reporters Friday. “Are we happy with this unfortunate event? Absolutely not.
“We’re going to be here until it is taken care of,” Hodgins added.
In a general statement Friday, the firm said it had “significantly increased” the size and spending of its safety program since 2008. The firm added that “releases from Plains pipelines have significantly decreased while throughput volume has increased since 2008.”
The firm had taken measures that “exceeded the federal regulatory requirement” for the Santa Barbara pipeline that eventually ruptured this week, and had inspected it two times in the past three years.
In fact, the pipeline was examined May 5, and investigators will be reviewing those results, officials said.
The coastal town of Goleta on Friday declared its own state of emergency, citing the spill as an “extreme peril to the safety of persons and property.”
Progress so far
As the cleanup entered its fourth day on Friday, vessels were “actually doing pretty well” recovering oil from the ocean, but “the harder part” will be cleaning the land — the shoreline, the beaches, the cliffs and the hillside near U.S. Highway 101 where the pipe ruptured, said U.S. Coast Guard Capt. Jennifer Williams.
“It could take months,” she said.
Officials provided a tally Friday of the cleanup and environmental damage:
• 10,000 gallons of oily water removed from the ocean;
• 91 cubic yards of oily solids and 800 cubic yards of oily soil removed from beaches;
• 9.5 square miles of ocean and 8.7 miles of coastline affected, from Arroyo Hondo beach to Refugio State Beach, near Goleta.
• Three brown pelicans were killed. Six more brown pelicans, two California sea lions and an elephant seal are being rehabilitated after oil coated them. A common dolphin was found dead without oil on its exterior, but it will be examined for signs of ingested oil.
On Friday, environmentalists declared the spill “a wake-up call” on continued oil development. They urged state and federal politicians to refuse additional oil projects, especially in Santa Barbara County, and called upon the nation to usher in a “post-oil era” by embracing renewable energy.
“When we have a huge solar spill around here, we just call it a nice day,” said Dave Davis, CEO and president of the Community Environmental Council.
The activists noted that a 1969 spill in Santa Barbara was so catastrophic it ignited the environmental movement and a host of federal and state laws to protect the natural world.
Putrid odor
The onshore pipeline behind this week’s Santa Barbara oil spill leaked more than 100,000 gallons of crude on coastal lands and into the ocean, the oil company said.
At its worst, the smell burns your nostrils and gives you a little nagging headache.
Stones at Refugio State Beach lay splattered with a jet black tar, like goo, which can only be crude oil.
An industrial-size trash bin of oily vegetation sits next to the beach. Bikinis and surfboards on once pristine sandy shores have been replaced with people in hazmat suits, digging in the dirt and picking up oil-laden sticks and plants.
Among the worst violators
The underground oil pipeline was carrying 1,300 barrels an hour, below its maximum capacity of 2,000 barrels an hour, said Rick McMichael of Plains All American Pipeline.
Plains All American is among the worst violators listed by the U.S. Pipeline and Hazardous Materials Administration.
It surpassed all but four of more than 1,700 operators in safety and maintenance infractions, the federal agency said.
Hodgins suggested the comparison wasn’t fair because “we’re also much larger than those companies that we were compared to.”
“Most of the companies that we’re compared to have half the amount of pipelines” that Plains All American has, Hodgins said Friday. “So therefore, with double the number of miles of pipelines, unfortunately incidents have occurred, (and) the larger and the more of those can be realized.”
Most of the spills were caused by pipe corrosion, the EPA said.
The oil company agreed to pay a $3.25 million civil penalty and spend $41 million to upgrade 10,420 miles (16,770 kilometers) of crude oil pipeline operated in the United States, the EPA said in 2010.
Lobsters killed, pelicans soaked in oil
Meanwhile, crews continued to clean beaches and coastal waters, and officials reported the leak killed an undisclosed number of lobsters, kelp bass and marine invertebrates. Six oil-soaked pelicans and one young sea lion were being rehabilitated.
As of Thursday night, vessels had skimmed 9,500 gallons of oily water from the ocean, McMichael said.
The cleanup could last months, officials said. For now, currents, tides and winds make the oil plume “a moving target” as it drifts offshore, said U.S. Coast Guard Capt. Jennifer Williams.
Houston-based Plains All American Pipeline estimated up to 105,000 gallons may have spilled from a broken pipe, based on the typical flow rate of oil and the elevation of the pipeline.
Since the pipeline is underground, it will take a few days to determine how much crude oil was spilled, said McMichael, who estimated 21,000 gallons of crude had gone into the Pacific Ocean, with the rest spilled on land.
Not the first time
A spill in January 1969 became what was, at the time, the nation’s worst offshore oil disaster. Though this week’s spill is smaller, it still prompted California’s governor to declare a state of emergency in Santa Barbara County.
The 1969 disaster was so catastrophic that it gave birth to an environmental movement, a host of regulations against the oil and gas industry, and a new commission to protect California’s coast, experts said.
Santa Barbara Harbor after what was then the worst oil spill in U.S. history, in February 1969.
In all, about 3 million gallons of oil spewed from a Union Oil drilling rig 5 miles off the coast of nearby Summerland, California. The pipe blowout cracked the seafloor, and the oil plume killed thousands of seabirds and “innumerable fish,” according to a 2002 paper by geographers at the University of California, Santa Barbara.
Subsequent U.S. oil spills were much larger, including the Exxon Valdez accident, which dumped 11 million gallons off Alaska’s shores in 1989, and the Deepwater Horizon spill, which put 210 million gallons into the Gulf of Mexico in 2010.
But the 1969 Santa Barbara spill energized a movement that led to new federal and state environmental laws and helped establish the first Earth Day the next year.
The threat
The environment remains a major concern around Refugio State Beach, which was desolate Thursday, as were its campgrounds, which are normally packed for Memorial Day weekend. The only sounds were the waves and the helicopter above, a buzzing reminder of the oily mess below.
CNN’s Sara Sidner reported from Santa Barbara, and Michael Martinez wrote and reported from Los Angeles and Faith Karimi from Atlanta. Jackie Castillo also contributed to this report.
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