Tag Archives: Union Pacific Railroad

What does a Central Coast oil refinery have to do with Davis?

Repost from The Davis Enterprise

What does a Central Coast oil refinery have to do with Davis?

By Dave Ryan, November 23, 2014

In communities up and down the West Coast, groups of environmentalists, neighbors and local governments are doing whatever they can to mitigate or outright stop railroad terminals being built at coastal refineries at the end of rail lines that cut through cities and sensitive environmental areas.

Davis residents joined the fight earlier this year against the Valero oil refinery in Benicia, and now are adding their voices to a chorus opposing a Phillips 66 facility in San Luis Obispo County.

A local collection of environmental watchdogs called the Yolano Climate Action Group was one of the first to realize the potential public safety threat of Bakken crude oil trains traveling from out of state, through Roseville, Davis and to Benicia.

The group successfully petitioned the city of Davis Natural Resources Commission in January to oppose the Valero project. The commission then was successful in persuading the City Council a few months later to begin monitoring the project and round up support from government agencies like Yolo County and the Sacramento Area Council of Governments to lobby Benicia for a more complete environmental impact report.

“It was Davis that alerted the entire region,” said Lynne Nittler, a coordinator for the Yolano Climate Action Group.

Meanwhile, Davis’ state and federal representatives have been doing what they can, within the limits of strong federal pre-emption laws for railroads.

Trains carrying the hazardous materials have derailed and exploded in recent years, most notably in Lac-Mégantic, Quebec, where a July 6, 2013, derailment caused a fire and wiped out a portion of the town, killing 47 people and forcing 2,000 others to flee. A subsequent derailment and explosion just outside Casselton, N.D., in January also alarmed the public.

If the Valero refinery railroad terminal is built at Benicia, Davis would see trains estimated to be 100 cars long filled with volatile Bakken shale crude oil traveling straight through downtown along the same route the Amtrak Capital Corridor uses to carry commuters.

Phillips 66 terminal

But Davis faces another possible threat, as well.

Far to the south and west of Davis are the Central California coast communities of San Luis Obispo County, housing the Phillips 66 oil refinery near the Nipomo Mesa and — potentially — another rail terminal.

That terminal would attract more trains filled with Canadian tar sands crude oil, traveling through Roseville, Davis, Oakland, San Jose and Salinas to Phillips 66. While somewhat less volatile than Bakken shale crude, tar sands crude is mixed with chemical thinners that make it potentially explosive.

Laurence Shinderman leads an activist group in Nipomo opposing the Phillips 66 railroad terminal called the Mesa Refinery Watch Group. The group’s ranks swelled from a handful in recent months to 250 residents spearheading a letter-writing campaign targeting the San Luis Obispo County Board of Supervisors.

The county is leading the environmental review process for the railroad terminal. Yolano Climate Action Group, the city of Davis and SACOG have submitted their concerns, as well.

Shinderman said Nittler has been helping from the start, giving advice to the Mesa Refinery Watch Group.

The mission among the Davis group is to get people to go from NIMBY to NOPE, or from saying, “Not In My Back Yard” to “Not On Planet Earth,” Nittler said.

It represents a shift in thinking from opposing a particular project to a wider understanding of what environmentalists consider a dangerous trend of oil by rail along the West Coast.

In San Luis Obispo County, the rail line that would carry the oil runs through the Cal Poly SLO campus and over a bridge adjacent to a county drinking water treatment facility.

“The reality is there is human error, there are guys who are going to fall asleep at the switch,” Shinderman said. “You can’t mitigate for human error. The railroad is hiding behind the skirt of federal pre-emption and saying, “Ah, you can’t do anything.’ ”

Federal protection

Under federal code, any laws governing railroads must be uniform across the country, “to the extent practicable.”

That forbids the vast majority of local tinkering, but a small “savings clause” says a state may regulate some railroad activity provided the situation is geared at a local, but not statewide, safety hazard; is not in conflict with federal law; and does not “unreasonably” restrict railroad commerce.

The party claiming federal pre-emption has the burden of proof in any case.

In the matter of the railroad terminals, local cities and counties are ostensibly in charge of the approval — or disapproval — of the projects.

Even there, federal law may give the oil companies and the railroads a recourse in court if the terminals aren’t built.

According to the Association of  American Railroads, rail safety is a top priority. In accordance with a 2014 emergency order from the federal Department of Transportation, rail companies are required to notify state emergency response agencies about the routes of trains carrying large amounts of Bakken crude.

The association also notes that railroads train thousands of first responders, including using a $5 million specialized crude-by-rail training and a tuition assistance program, which is estimated to serve 1,500 first responders in 2014.

“If an incident occurs, railroads swiftly implement well-practiced emergency response plans and work closely with first responders to help minimize injuries or damage,” reads a position statement on the association’s website.

The association said the industry is also advocating for safer rail cars that are less prone to disaster. The association claims that in 2013, freight railroads “stepped up the call for even more rigorous standards for tank cars carrying flammable liquids” that included asking that existing tank cars be retrofitted to meet higher standards or be “phased out.”

Nittler said that was a smokescreen, and the federal government does not impose rules the industry doesn’t agree to first.

Even according to AAR, the federal Railroad Safety Advisory Committee that develops safety standards for rail transport uses a “consensus process” to impose new safety standards.

Legislative help

Davis’ Democratic congressman, Rep. John Garamendi, is a member of the House Committee on Transportation and Infrastructure. He said the committee is in the process of crafting new rules for railroads.

“I have and will continue to push them to write the strongest possible guidelines,” Garamendi said in an email.

At the state Capitol, state Sen. Lois Wolk, D-Davis, is part of efforts to pass laws that levy taxes on railroads to provide money for first responders.

“The volume of crude oil being imported into California has increased 100-fold in recent years, and Valero has plans to ship 100 train cars of crude oil per day through the heart of my district to its refinery in Benicia,” Wolk wrote in an email.

“… Currently, local governments along these transport corridors don’t have sufficient funding to protect their communities. When the Legislature reconvenes in January, I will push for funding for developing and maintaining adequate state and local emergency response to accidents and spills involving rail transports of crude oil and other hazardous materials.”

Union Pacific and Burlington Northern Santa Fe railroads filed suit against the state in October, claiming that California or any other state does not have the authority to impose safety requirements on them because federal law already does that.

That may put a damper on a new North Dakota law passed Thursday that requires companies to stabilize the volatility of Bakken crude before shipping it out of the state. Texas already requires such handling.

In the meantime, Nittler is busy trying to drum up support for a letter-writing campaign to the SLO Board of Supervisors before a 4:30 p.m. deadline Monday for comments on its draft environmental review.

“If they don’t build it, they won’t come,” Shinderman said.

Derailment fireballs too hot to handle

Repost from The Benicia Herald
[Editor: I wrote the following for publication in the Benicia Herald to comment on our local version of a phenomenon taking place at cities across the nation.  I’ve lost track of the number of Google alerts in recent weeks about first-responder-crude-by-rail-training-events sponsored at great expense by the rail and refinery industries.  In nearly every case, the after-training press releases and interviews serve as pacifiers to public concerns, with assurances of adequate equipment and training should anything go wrong.  This is, of course, far from the case.  Our respected and heroic firefighters are caught in a catch-22: of course they want additional training, but their work should not be made into a pawn in the ugly game of industry painting itself as clean and safe.  – RS]

Roger Straw: A straw man

November 14, 2014 by Roger Straw

THE HERALD’S RECENT TWO PART SERIES (click HERE and HERE) on the Union Pacific Railroad emergency training at Valero for a crude-by-rail accident suggested that someone, somewhere has claimed that “crude oil fires can’t be extinguished” and that “foam doesn’t put out fires.” Valero Fire Chief Joe Bateman called it a “fabrication,” and he’s right. No one I know has claimed this. (Classically, this is referred to as a “straw man” argument … and as you might guess, someone with my last name just can’t resist rising to the bait.)

The fire at Lac-Mégantic, Quebec, is out, so it surely was extinguished, though it took two days beginning with a period when it could not be approached. For a time there was, in fact, no alternative to just letting it burn. The same is true of the explosion in Casselton, N.D. In certain circumstances, firefighters do deliberately let a fire burn itself out. Sometimes this is a triage decision: First responders’ priorities are sometimes directed to saving lives and deflecting the flow of a spill. Other times it is because there is no other choice.

It is accurate to state that foam puts out crude oil fires, but that statement loses its meaning in a worst-case scenario of a major catastrophic derailment and explosion. When there is a massive fire such as that in Lac-Mégantic or Casselton, firefighters have been unable to safely approach the inferno and have indeed been forced to let the fire burn. Foam puts out oil fires, but not when emergency personnel are a half-mile distance from a catastrophic explosion.

I recently received a communication from Fred Millar, a well-known independent consultant and expert on chemical safety and railroad transportation. Millar gives convincing and documented testimony addressing the tactic of “letting it burn itself out.” He wrote, “…in several post-Lac-Mégantic forums (see the NTSB Safety Forum webcast) and in many media articles, the majority of fire service experts have been clear that the ongoing crude oil rail disasters are beyond their capabilities to handle. Even with an infinite amount of costly foam, letting them burn is the only sensible approach (and this is what was done in all the major crude oil disasters in North America).”

Millar’s full statement and nearly a dozen other reputable sources confirm this as fact. (See Benicia Independent articles: Firefighters will sometimes stand back and let an oil train fire burn itself out and Expert on first responder decisions to ‘let it burn’.)

A few questions remain. Did the Union Pacific training include preparation for a massive unapproachable explosion? Do our first responders know what to do (or not do) in the case of another Lac-Mégantic, Lynchburg or Casselton? Have our firefighters and emergency personnel considered how to protect Valero’s Industrial Park neighbors and residents within a 1-mile blast/evacuation zone of a potential major accident? Somehow, I don’t think Union Pacific’s shiny yellow training tank car did much to help our local heroes figure out what to do if a 50-car train carrying millions of gallons of volatile Bakken crude oil derails, punctures and sets off multiple massive explosions.

Yes, I know … not likely. But few would disagree: When it comes to high-risk ventures, “well-prepared” means knowledge of, and readiness for, worst-case scenarios.

For more information, see SafeBenicia.org.

Roger Straw is a Benicia resident.

 

Restoring old oil tank cars – an entrepreneur explains

Repost from The Hutchison News
[Editor: An interesting insider look at the process of restoring aging DOT-111 tank cars.  Also interesting numbers on existing cars and the call for increased numbers of restored cars.  – RS]

Oil boom spurs need to restore rail cars

By John Green, November 1, 2014

oil tank carsWhen introducing a new business venture planned for Hutchinson by his company last week, Adam Mervis of Mervis Industries thanked his father and brother:

“For not throwing me out of the room when I told them we’d spend a heck of a lot of money to do something where it’s never been done – and something that’s never been done.”

The Illinois-based, family-owned scrap metal and recycling company plans to build a $35 million plant on 100 acres in the Kansas Enterprise Industrial Park to refurbish rail cars.

The focus will be tank cars designed to carry crude oil and other combustible liquids. The company projects employing 150 people within three years of opening.

The demand for the business, Mervis and his future Hutchinson plant manager Larry Culligan explained, is propelled by several factors.

Oil boom

First, the expansion of oil exploration and recovery in non-traditional fields in the U.S., thanks primarily to hydraulic fracturing, also called fracking.

U.S. oil production jumped from 5.0 million barrels per day in 2008 to 7.4 million last year, and is expected to average 8.5 million this year and 9.3 million next year, according to the U.S. Energy Information Administration. Current U.S. production is the highest in nearly a quarter-century and more than a million barrels a day higher than it was only a year ago, the EIA reported.

Existing oil pipelines are inadequate to move all that new oil to markets, both in terms of volume and location. While there are about 57,000 miles of crude oil pipeline in the U.S., there are nearly 140,000 miles of railroad.

So, there’s been a massive increase in shipping by rail.

U.S. railroads, which carried just 9,500 carloads of crude in 2009, shipped an estimated 434,000 tanker loads in 2013, roughly equivalent to 300 million barrels of oil. A May study by Congressional Research Service forecast 650,000 carloads of crude oil would to be carried by rail this year.

But the increase in transport by rail has also resulted in a significant increase in accidents involving crude oil shipment.

The most famous was a July 5, 2013, accident in Lac Mégantic, Quebec, where a trainload of oil parked on a shortline track came lose and rolled downgrade into a Canadian community, where it derailed and caught fire, killing 47 people and destroying much of the town’s center.

There have been a half dozen other accidents in the U.S. and several others in Canada over just the last two years, including a December 2013 derailment near Casselton, North Dakota, that spilled of more than 400,000 gallons of crude oil, sparked a huge fire and forced evacuation of nearby residents.

Changing standards

The tank cars that derailed at Lac Mégantic and Casselton were built before October 2011, the year the Association of American Railroads (AAR) mandated new safety enhancements to tankers – known in the industry as DOT-111 cars – which carry oil and ethanol.

The older cars lacked puncture-resistant steel jackets, thermal insulation, and heavy steel shields at each end of the car to keep couplers from punching through in a crash. They also have less secure valves on top and bottom of the cars, which might open or get ripped off in a derailment.

In July, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed rules that, if finalized by Congress, will require tank owners to retrofit older cars to the AAR standards or remove them from the rails by October 2017. That same month Canadian regulators mandated DOT-111 tank cars built before 2014 be retrofitted or phased out by May 2017.

The industry is seeking an extension of that deadline out to at least seven years, Mervis said.

At present, there are about 92,000 DOT-111 tank cars used to transport combustible liquids of which only 14,000, or about 15 percent, were built after October 2011 and thus compliant with the latest standards.

Officials estimate the cost to retrofit the cars at $20,000 to $40,000 each.

Besides oil, there’s also been a surge in demand for plastic pellet and fertilizer cars, Mervis noted, thanks to low natural gas prices, as well as constant growth in demand for food grade cars, for shipping corn syrup, vegetable oil and molasses.

There are a half dozen tank car builders in the U.S., but recent estimates show there are more than 55,300 cars on backlog just to meet the growing car demand. With builder capacity of some 30,000 cars per year, the backlog will take close to two years to fill.

At Mervis Railcar, they plan to retrofit DOT 111s to meet the proposed requirements, to convert them for other non-hazardous uses, or destroy and recycle them, Mervis said.

Major customers, Mervis said, will include Exxon, Union Oil and ADM, as well as railroads themselves.

Besides cars that will need retrofits, all tank cars – there are about 171,000 DOT-111 cars in the North American fleet – must get a complete, top-to-bottom inspection every 10 years, Mervis said.

There’s a push by regulators, he said, to cut that to five years.

Either way, inspections will also be a big part of their business.

Plant layout

A preliminary layout of the plant includes four major buildings with combined floor space of more than 224,000 square feet and some 6 miles of rail line.

The first step in the process, Mervis said, will be to clean the cars.

“We’re not going to take any that held chlorine or any other thing that will kill you,” Mervis said. “Because we don’t want or need to.”

Once cleaned, the cars will move to the eight-bay inspection shop, where workers will closely check all welds, seams and liners, and conduct other tests as required by the type of car, such as dye penetration tests, and magnetic, ultrasonic or radiographic scans to find cracks or structural deficiencies.

They must also determine the thickness of the tank car shells, heads and protective housings and estimate how long they’ll maintain sufficient thickness to stay in service, whether to install or replace internal linings, Mervis said, “or to cut them up.”

“Every employee will have some certification,” said Culligan, director of railcar operations for the new company. Those include welders, inspectors, even record keepers.

“The only ones that might not are shot blasting the interiors of the cars,” he said, though even they’ll have confined space training.

From inspection, the cars will be moved via a transfer table into a 32-bay mechanical shop, where they can be jacked up and put on stands to modify them, while the wheels are removed and sent elsewhere to be refinished.

They’ll remove all valves on the cars to rebuild and then test, Mervis said.

If converted to a food-grade tanker, they may have a plastic liner sprayed on the inside, and then be heated to set it.

The repaired or retrofitted cars will then go to a paint booth, which includes heaters that bake the entire car at set temperatures and times, depending on whether it’s interior or exterior paint.

Part of the deal for locating the plant here included purchase of the Hutchinson & Northern Railway, a switching and terminal service that connects to the UP and BNSF railways near the Hutchinson Salt mine.

The 3 miles of line include links to Hutchinson Salt, Midwest Iron, Irsik and Doll and the K&O Railroad. The purchase from Hutchinson Salt was necessary, Mervis said, to link to the two national carriers.

Besides the rail line, it included 23 acres of adjoining land, one locomotive engine and locomotive storage building. Mervis plans to rename the line the AD&A Railway, after his children, Alec, Devon and Audra, and name the engine after a nephew.

Federal authorities must still approve the transfer.

Timeline

They’ve started engineering work on the plant design, and groundwork will likely begin in February, but building construction won’t start until spring.

“The buildings will be all prefabricated steel, but what goes inside the buildings will be a little different,” Mervis said. “The person who sells the system (whether cleaning, paint, etc.) will be responsible for installing the equipment and making sure it works. We don’t have time to manage all that as it’s going on.”

A number of national firms lay rail and he expects them, as well as utilities, to use Kansas workers, Mervis said.

“Our goal is to get most of the track laid and the mechanic building open by early summer,” he said.

In the interim, they’ll also work with Hutchinson Community College and the Hutchinson High School to identify and develop training needed. They’ll do non-tank work, such as repairing hopper cars, while they build and certify the staff.

“You can’t just throw someone into welding tank cars,” Mervis said. “There’s a lot of FRA-required training,” including working a minimum 240 hours under “Level 2” supervision.

They expect to add the 150 jobs over three years, though if training, ramp up and demand can make that happen faster, it will, Culligan said.

Of the 150 jobs, 65 to 70 will be welders. Others will do valve testing and rebuilding, others cleaning, painting, sandblasting and even hanging decals on completed cars, Mervis said.

He’s confident the company, which promises “above market wages,” will find enough qualified workers in the region to make the plant work, based on the training available and the work ethic the region and community are renowned for.

“You don’t make this kind of investment to repair hoppers or gondolas,” Mervis said.

“Outside the box”

Mervis is the fourth generation of his family to run the 90-year-old business, which now has metal, plastic and electronics recycling centers in eight cities spread over two states and employs nearly 400 people.

He started there when he was 12, Mervis said, and is now company CEO and president. His dad, in his 80s, still comes to work every day. A brother and sister are also in the business.

“There was way too much capacity for scrap,” Mervis said of the decision to expand into this newest venture. “From ’05 to ’08 everyone decided to add capacity. When demand isn’t growing 6 percent a year, you have to think outside the box.”

They’ve worked with the rail industry for more than a decade, first recycling cars and then reconditioning railroad castings, including couplers, yokes and side frames – “everything beneath the body but the wheels” – so he decided to leverage those relationships, Mervis said.

He came up with the idea more than a year ago, but it was when he hired Culligan in June, Mervis said, he really “felt this dream – almost – come true.”

A graduate of Ohio State in aviation engineering, Culligan worked for McDonnell Douglas for a number of years before joining a rail care building and leasing company. He worked first at American Railcar Industries and then Union Tank Car. He became chief fleet engineer there, running its repair shop in Valdosta, Georgia, then moved to Chicago to oversee eight facilities for Union Tank.

He then moved to TTX Company, a railroad cooperative which owns the nations’ largest fleet of freight cars which it provides to stockholding railroads. That’s where Mervis met him through a mutual friend, and lured him away.

San Francisco Chronicle: Benicia sees cash in crude oil; neighbors see catastrophe

Repost from The San Francisco Chronicle

Benicia sees cash in crude oil; neighbors see catastrophe

By Jaxon Van Derbeken, October 23, 2014
Ed Ruszel and his family own a woodworking business that fronts the railroad tracks next to the Valero refinery in Benicia where the crude oil would be delivered.
Ed Ruszel and his family own a woodworking business that fronts the railroad tracks next to the Valero refinery in Benicia where the crude oil would be delivered. | Lea Suzuki / The Chronicle

A plan to bring tank-car trains filled with crude oil from Canada and North Dakota to a Benicia refinery is pitting the Solano County town against Northern California neighbors who say they will be burdened with the risk of environmental catastrophe.

Benicia officials must decide whether to approve a draft environmental impact report on a $70million terminal at Valero Corp.’s refinery near Interstate 680, where two 50-car oil trains a day would deliver crude.

Supporters and the company say California consumers stand to benefit: With no major oil pipelines running to the West Coast and marine transport both costly and potentially hazardous, they say, rail is the best way to keep local gasoline prices low.

“Right now, that refinery relies on more expensive crude from Alaska,” said Bill Day, spokesman for Valero. “Rail is the quickest, most efficient and safest way of delivery.”

Benicia’s environmental study weighing the risks of the project, however, has done nothing to assuage critics who say the city is downplaying the dangers of delivering oil by rail.

Crude from North Dakota shale is extra-volatile, they say, and the city’s environmental report assessed only the chances of a spill along the 69 miles of track from the Sacramento suburbs to Benicia — not the chance of a catastrophic explosion, or the possibility of an accident of any kind along the more than 1,000 additional miles the trains would have to travel to reach the shores of the Carquinez Strait.

“This project is not in our region — it is outside of our region — but the impacts on the 2.3million people who live here we view as very significant, very troublesome, very disturbing,” said Don Saylor, chairman of the Yolo County Board of Supervisors and vice chairman of the Sacramento Area Council of Governments, which represents 22 cities and six counties through which the oil trains could travel.

‘A street fight’

Benicia itself is divided by the proposed project. Some locals worry about the environmental risks and traffic problems, while others tout the benefits of low-cost crude to Valero — a company that accounts for a quarter of the city’s tax revenue.

Benicia Mayor Elizabeth Patterson hasn’t taken a stand on the Valero oil-trains terminal, but says, “We need to make sure that just because one industry wants to do something, we don’t ignore the adverse impact to the other businesses and the community.”
Benicia Mayor Elizabeth Patterson hasn’t taken a stand on the Valero oil-trains terminal, but says, “We need to make sure that just because one industry wants to do something, we don’t ignore the adverse impact to the other businesses and the community.” | Lea Suzuki / The Chronicle

“This is going to be a street fight,” said oil-train opponent Ed Ruszel, whose family woodworking business fronts the railroad tracks next to the refinery. “They have to come across my driveway every day — we’re at ground zero.”

The issue is so contentious that the city attorney recently told Mayor Elizabeth Patterson to stop sending out e-mail alerts about city meetings regarding the oil-train project. According to Patterson, the city attorney warned that her activism could open Benicia’s final decision to legal challenge.

Patterson said she has not taken a stand on the Valero terminal, but that “we need to make sure that just because one industry wants to do something, we don’t ignore the adverse impact to the other businesses and the community.”

She called City Attorney Heather Mc Laughlin’s warning “a blatant effort to muzzle me.” Mc Laughlin did not respond to a request for comment.

Canadian disaster

For Ruszel and other critics of the project, the danger is real. They cite several recent oil-by-rail explosions, including the derailment of a 72-car train that killed 47 people and wiped out much of the town of Lac-Mégantic in Quebec in July 2013.

The Valero refinery in Benicia wants to build a rail terminal where crude oil could be delivered by trains.
The Valero refinery in Benicia wants to build a rail terminal where crude oil could be delivered by trains. | Lea Suzuki / The Chronicle

The Valero-bound trains would pass through Sacramento, Davis and Fairfield, among other cities, en route to Benicia. Those cities have voiced concerns about the terminal, where trains would deliver a total of 2.9million gallons a day of shale oil and tar sands.

“We have lots of support here from our own local people,” said project critic Marilyn Bardet of Benicia, “but the real difference is that there are so many agencies and people from up rail looking at this problem. We feel exonerated — everybody has chimed in and agreed with us.”

Not everyone along the rail line is against the idea, however. State Sen. Ted Gaines, a Republican who represents Rocklin (Placer County) and is running for state insurance commissioner, called the project “beneficial environmentally and economically.”

It “can be done safely given the prevention, preparedness and response measures in place by both Valero and Union Pacific Railroad,” Gaines said.

Setting precedents

The Benicia battle will probably be a preview of numerous local fights over oil trains in California. Oil-by-rail shipments jumped from 1million barrels in 2012 to 6.3million barrels in 2013, according to government estimates. By 2016, the state could be awash with 150million rail-shipped barrels of crude a year.

What Benicia does could influence how future oil-train plans play out. Several cities have called on Benicia to require that all train tanker cars have reinforced walls and be better controlled by new, electronically activated braking systems, and that officials restrict what kind of oil can be shipped to Valero.

Such efforts, however, could run afoul of federal law that preempts states and local governments from setting standards on rail lines. Valero has already warned city officials that it may “invoke the full scope of federal preemption,” a thinly veiled threat to sue if Benicia imposes too many restrictions.

Much of the crude that would arrive via train at Valero is expected to come from the Bakken shale formation in North Dakota. Federal transportation officials recently deemed Bakken crude to be an “imminent hazard” because it is far more easily ignitable than more stable grades of crude previously shipped by rail.

In issuing an alert in May, federal transportation officials warned that oil trains with more than 20 cars are at the highest risk because they are heavier than typical cargo and thus more difficult to control. The federal government is considering requiring additional reinforcement of tanker cars and more robust braking systems.

The federal alert about the danger of crude by rail comes as accidents have skyrocketed, with nine major explosions nationwide since the start of 2013. Last year alone, trains spilled more than 1million gallons of crude in the United States — 72 percent more than the entire amount spilled in the previous four decades combined, California officials say.

The consultants who wrote Benicia’s draft environmental impact study concluded that because the type of crude that would be brought to Valero is a trade secret, they could not factor it into their risk assessment. They calculated that a major spill on the 69 miles of track between Roseville (Placer County) and Benicia could be expected roughly once every 111 years.

Among those who think Benicia needs to take a harder look is state Attorney General Kamala Harris, whose office wrote a letter challenging the environmental impact report this month.

Harris’ office says the report’s authors assumed that the safest rail cars available would be used, disregarded spills of fewer than 100 gallons in determining the likelihood of accidents and, in looking only as far as Roseville, ignored 125 miles of routes north and east of the Sierra foothills town.

Some possible routes go through treacherous mountain passes that historically have seen more accidents, say oil-train skeptics. While not specifically mentioning a legal challenge, Harris’ office called Benicia’s study deficient and said it ignored the “serious, potentially catastrophic, impacts” of an accident.

Not her call

Valero says Harris can voice all the objections she wants, but that she doesn’t get a say on whether the terminal will be built.

“This is really the city of Benicia’s decision,” said Day, the company spokesman. The attorney general and others, he said, are “free to file comments” on the environmental report.

He added that “all the crude oil that Valero ships will be in the newest rail cars, which meet or exceed rail safety specifications.”

“Rail companies have products moving on the rails every day that are flammable,” Day said. “The overwhelming majority of everything transported gets there safely, on time, with no incidents.”

Benicia’s City Council now has to decide whether to order to certify the draft study, order it revised or reject it entirely. When that decision comes, Benicia will be getting a lot of out-of-town attention.

“We have near-unanimity in our region to address the safety issues of the crude-oil shipments by rail,” said Saylor, the Yolo County supervisor. “For us, it has been strictly about public safety. It’s a high-risk operation — we have no choice but to take on this issue.”