Repost from The Vallejo Times-Herald [Editor: Regrettably, Solano County invited Valero Benicia Refinery and Union Pacific Railroad to make panel presentations at this “Community Conversation,” but did not invite Benicia’s officially recognized grassroots opposition organization, Benicians For a Safe and Healthy Community (BSHC) to present. Benicia is one of seven cities in Solano County. Language used by the County in its original announcement of this “discussion” presumed an inevitable permitting of crude by rail in our area, even as permitting is being hotly debated here. The updated announcement is clearer, but still used the verb will rather than would: “Proposals to process crude oil delivered by rail will change the mix of materials coming into and passing through Solano County.” Under pressure to invite an environmentalist, the County invited oil and energy analyst, author, journalist and activist Antonia Juhasz to join the panel. Juhasz has written three books: The Bush Agenda, The Tyranny of Oil, and Black Tide. Oddly, the County’s recently updated publicity does not mention Juhasz. BSHC and The Benicia Independent encourage everyone to attend.
…See also the news release on the Solano County website, and a similar article in The Benicia Herald and a better one in The Vacaville Reporter. – RS]
Solano County to host community meeting on oil train safety issues
Times-Herald staff report, 09/26/2014
FAIRFIELD >> Solano County will host a public meeting Monday to discuss risks posed by plans to increase oil train shipments through the region.
The meeting follows concerns raised by state, regional and local government officials about plans to ship two 50-car oil trains daily from Roseville to Benicia’s Valero refinery.
The information session will be from 6 to 8:30 p.m. in the Board of Supervisors Chambers at the County Administration Center, 675 Texas St. in Fairfield.
Last week, county officials sent a letter to Benicia asking for added measures to prevent train derailments in rural areas and protected wetlands. Also, state and Sacramento regional officials have called on the city to redo its safety analysis, saying the city has overlooked the risks of increased oil train traffic through other parts Northern California and beyond.
“The evening is about having a community conversation about our preparedness and the potential impacts from an incident along our railways,” Supervisor Linda Seifert said in a press release.
Seifert said the event format — a series of brief presentations and breakout groups — will be a facilitated discussion designed to raise awareness of the existing safety measures and identify potential gaps.
Invited speakers include representatives from the Solano County Office of Emergency Services, the Solano County Fire Chiefs Association, the Valero Benicia refinery, Union Pacific Railroad, local air quality management districts and the offices of U.S. Rep. John Garamendi and state Sen. Lois Wolk. A community perspective also will be incorporated into the lineup of speakers, county officials said.
California officials challenge Benicia crude oil train plan
By Tony Bizjak, September 24, 2014
Brown administration officials say Benicia has underestimated the risk posed by oil trains planned to run through Sacramento and other parts of Northern California to the city’s Valero refinery, and is calling on the city to redo its safety analysis before allowing oil shipments to increase.
A letter sent to the city last week by the state’s Office of Spill Prevention and Response and the California Public Utilities Commission expresses concerns similar to those detailed in recent letters to Benicia from the Sacramento Area Council of Governments and the cities of Sacramento and Davis.
Sacramento regional leaders have accused Benicia of not adequately exploring the explosion and fire risks of a Valero Refining Co. plan to run two 50-car trains daily through downtown Roseville, Sacramento, West Sacramento, Davis and other cities to the Benicia refinery.
Julie Yamamoto, chief of the state spill prevention agency’s scientific branch and a member of the governor’s rail safety team, said state officials felt compelled to push for Benicia to do deeper study prior to project approval.
“We felt the risk analysis was sufficiently flawed and underestimates the risks,” Yamamoto said.
In its draft environmental impact report, issued earlier this summer, Benicia only analyzed oil spill possibilities on the rail line between Roseville and Benicia, even though the trains will travel from other states or even Canada. “That is a pretty big shortfall in not considering the rest of the track to the California border, and even beyond that,” Yamamoto said. State officials also have questions about how Benicia came up with the assertion that a derailed train might spill oil only once every 111 years, and therefore the risk was insignificant.
“The derailment rate looks to us to be low compared to national data,” Yamamoto said.
Benicia city officials declined to respond this week to the concerns raised by the state and local governments, but previously indicated that they limited their spill analysis to the Roseville-Benicia track section because they do not know yet which rail lines the Union Pacific Railroad may use east or north of Roseville to bring the oil into California.
State officials countered that there are only a handful of rail lines that could be used to bring the oil into the state, and all should be included in Benicia’s project risk analysis. The state noted that those rail lines pass through “high-hazard areas” where derailments are more common. In Northern California, those hazard sections are at Dunsmuir, the Feather River Canyon and near Colfax.
By issuing its letter, the state secures legal standing to sue Benicia if that city approves the project without redoing its risk studies. State officials this week declined to address the question of whether they would consider a lawsuit.
The letter from the state is one of hundreds Benicia officials said they received in the past few months in response to their initial environmental study. Benicia interim Community Development Director Dan Marks said the city and its consultants would review the comments and prepare responses to all of them, then bring those responses to the city Planning Commission for discussion at an as-yet undetermined date.
Under the Valero proposal, trains would carry about 1.4 million gallons of crude oil daily to the Benicia refinery from U.S. and possibly Canadian oil fields, where it would be turned into gasoline and diesel fuel. Valero officials have said they hope to win approval from the city of Benicia to build a crude oil transfer station at the refinery by early next year, allowing them to replace more costly marine oil shipments with cheaper oil.
Crude oil rail shipments have come under national scrutiny in the last year. Several spectacular explosions of crude oil trains, including one that killed 47 residents of a Canadian town last year, have prompted a push by federal officials and cities along rail lines for safety improvements.
SACOG and the cities of Sacramento and Davis have called on Benicia to require UP to give advance notice to local emergency responders, and to prohibit the railroad company from parking or storing loaded oil tank trains in urban areas. Local officials want the railroad to use train cars with electronically controlled brakes and rollover protection. Sacramento also has asked Benicia to limit Valero to shipping oil that has been stripped of highly volatile elements, including natural gas liquid.
Others in the Sacramento region, however, point out that rail safety is a federal issue, not one that cannot legally be dictated locally. In a joint letter, Stanley Cleveland and James Gallagher of the Sutter County Board of Supervisors said SACOG is overreaching, and a better approach would be to work with federal railroad regulators, as well as with Valero and UP, on safety issues.
The Union Pacific Railroad also has challenged the SACOG and Sacramento city perspectives, arguing that federal law pre-empts states and cities from imposing requirements on the railroads. “A state-by-state, or town-by-town approach in which different rules apply to the beginning, middle and end of a single rail journey, would not be effective,” UP officials said in a letter this month to SACOG.
State Sen. Ted Gaines, who represents much of Placer County and other rail areas, said the Valero project has his “full support.” Benicia’s analysis, he wrote, “affirms that this project is beneficial environmentally and economically and can be done safety given the prevention, preparedness and response measures in place by both Valero and Union Pacific Railroad.”
Among other commenters:
• 350 Sacramento, a local climate change group, warned that oil trains would cause an increase in carbon emissions and slow efforts to convert to renewable energies.
• The Capitol Corridor passenger train authority, which would share tracks with the oil trains, voiced concern about the safety of passengers, crews and communities, saying the Benicia analysis doesn’t look at the impact crude oil trains would have on Capitol Corridor or Amtrak passenger trains.
• The Sacramento Metropolitan Air Quality Management District said Benicia could ask Valero to fund local mitigation programs to reduce polluting impacts of trains in the region.
• UC Davis noted that the rail line passes through campus near the Mondavi Center and the UC Davis Conference Center, and called for additional training and equipment for Davis to deal with the possibility of a derailment and fire.
Read more here: http://www.mercedsunstar.com/2014/09/24/3866089_california-officials-challenge.html?rh=1#storylink=cpy
Repost from KDVR Fox31 Denver [Editor: This investigative report details a May 9, 2014 derailment and a previous derailment in the exact same location, highly toxic benzene contamination of groundwater and slow notification of local first responders by Union Pacific. (Apologies for the video’s commercial content.) – RS]
Derailed: Railroad delays first responders on riverside oil spill
September 22, 2014, by Chris Halsne
DENVER — FOX31 Denver has confirmed a May 9 crude oil train car derailment near LaSalle, Colorado polluted area groundwater with toxic levels of benzene.
Environmental Protection Agency records from July show benzene measurements as high as 144 parts per billion near the crash site. Five parts per billion is considered the safe limit.
Federal accident records also show six Union Pacific tankers ripped apart from the train and flipped into a ditch due to a “track misalignment caused by a soft roadbed.” One of the tankers cracked and spilled approximately7,000 gallons of Niobrara crude, according to the EPA.
FOX31 Denver’s investigative team also confirmed the oil car accident location, only about 75 yards from the South Platte River, is in the same spot as another Union Pacific derailment four years ago.
Reports show four rail cars full of wheat/grain derailed in October 2010. The cause of that accident was very similar: “roadbed settled or soft” and “other rail and joint bar defects.”
“They did have a derailment at the exact same point. I mean within feet!” witness Glenn Werning, a nearby farmer and local water supervisor, told FOX31 Denver investigative reporter Chris Halsne.
Werning wonders if Union Pacific was negligent in repairing the area after the first crash telling Halsne, “It would have been devastating if it had gotten into the water and flowed down. It would have been, whew! The oil spill would have been a mess to clean up because it would have been on both sides of the river for miles.”
Union Pacific declined FOX31 Denver’s repeated requests for an on-camera interview, but a spokesperson, Mark Davis, sent a statement which says in part:
“The line where the derailment occurred is visually inspected one time per week. The maximum speed limit on the line is 20 mph. Prior to the derailment the track was visually inspected on April 26, April 28, May 1 and May 5 with no exceptions taken. Our track team visually inspects about 15,500 miles of track daily on our 32,000 mile network in 23 states – this translates into 5.7 million miles annually of visional track inspections.”
There is currently no way to double-check the accuracy or completeness of Union Pacific’s statement because private railroads are allowed to conduct their own safety inspections and keep such records private.
Federal law only allows the Federal Railroad Administration to audit railroad inspections to make sure “the owner of the track” is conducting them appropriately.
However, at least in Colorado, that has not been done for at least three years.
FOX31 Denver’s investigative team sent Freedom of Information Act requests asking how often the FRA audited private railroad safety inspections in Colorado. The answer: From January 1, 2012 to March, 2014 is zero.
San Francisco-based Environmental Attorney and Sierra Club activist, Devorah Ancel, says the fact that private railroads conduct their own rail line and rail car safety inspections with very little federal oversight is a growing problem.
Ancel told FOX31 Denver, “The rail industry wants to get as much of this crude to market as quickly as possible. The more the federal government cracks down on safety standards, inspections, on audits, the more they are going to push back because it`s going to affect their bottom line.”
Ancel is part of a group also pressing the Department of Transportation for improvements in the design of hazardous liquid-carrying rail cars. Currently most crude oil travels across tracks in older-model containers called DOT 111’s.
According to federal authorities, the Union Pacific oil tanker which rolled, cracked and then spewed thousands of gallons of crude onto the ground in May’s accident is considered a DOT 111 design.
“This is extremely volatile crude. The tank cars have thin shells. They have thin head shields that are known to puncture during derailment. They have valves that sheer off and puncture during derailment,” Ancel says.
As if multiple derailments in the same place, unverified safety inspections, and outdated oil tanker containers were not enough of a reason for public concern, FOX31 Denver also discovered that Union Pacific officials are being accused of delaying telling local emergency responders about the latest oil car derailment.
According to Weld County Emergency Manager Roy Rudisill, Union Pacific first rallied its own crews to the scene before putting local firefighters in the loop.
Halsne asked, “Were they a little late to let you know?” Rudisill answered, “In my opinion, yes!”
We checked. According to a federal report, the accident happened at around 8 a.m. on May 9.
FOX31 Denver pulled call logs surrounding the accident and found Union Pacific first notified the state Division of Homeland Security and Emergency Management at 9:10 am.
Radio traffic shows Weld County fire crews and emergency managers were still scrambling another hour later, trying to figure out exactly where the accident had occurred and whether oil was leaking into the South Platte River.
Rudisill told FOX31 Denver, “A quicker phone call, quicker communication, faster communication to local jurisdiction would have been prudent in my opinion. Now we’ve had two incidents out there. What can we do to make sure the proper actions are taking place so we don’t have another one?”
Werning hates to lay blame entirely on Union Pacific admitting “accidents do happen,” but he`s closely watching their latest track repair efforts, never again wanting to count on “pure luck” as a disaster prevention plan.
“Had they perhaps done a better repair (after the first derailment), they wouldn`t have dropped those cars,” Werning said.
The Environmental Protection Agency said it continues to monitor the groundwater contamination issue. Monitoring wells have been installed in the area surrounding the oil spill. Benzene is a common chemical in oil and gasoline and it does naturally dissipate over time.
Nebraska has emerged as ground zero in oil transport showdown
September 21, 2014, By Russell Hubbard
SARAH HOFFMAN/THE WORLD-HERALD | Oakland, Nebraska, and the tracks that carry trains through town have been together for more than 100 years. But trains hauling crude oil in tanker cars through Oakland and other parts of the state are a recent development, and concerns about safety grow. Oil pipelines such as the proposed Keystone XL have their opponents as well.
OAKLAND, Neb. — If you visit here and turn off Oakland Avenue toward the railroad tracks, you just might find Brendan Murray prowling up and down the street, cataloging the cracks in the pavement and the scars on the buildings.
SARAH HOFFMAN/THE WORLD-HERALD | Brendan Murray holds a piece of a building that fell near the tracks. He often walks Oakland Avenue cataloging cracks in the pavement and on buildings that he suspects are caused by vibrations from oil trains.
The owner of an apartment building facing the railroad tracks says problems with his 100-year-old structure accelerated with the massive increase in BNSF Railway trains hauling crude oil in tanker cars. Murray also says a derailment and crude oil fire would be deadly for Oakland, population 1,244.
“Keep it underground,” Murray says, referring to transporting crude by pipeline.
Not so fast, says Jane Kleeb. She is not a fan of crude trains either, but she is also the director of Bold Nebraska, the group opposed to construction of the Keystone XL pipeline. It would bring 1 million barrels of crude oil per day across the state.
Kleeb said her group doesn’t expect the world economy to forgo fossil fuels and survive on renewables right now. But she said the pipeline proposed to transport northern crudes to refineries presents too much environmental risk.
“Accidents are going to happen and it is Nebraska that is going to wind up paying for it,” Kleeb said.
All of which leaves a rather obvious question: If neither by train nor pipeline, just how is oil supposed to get from where it is produced to where it is refined into fuels and other materials that power the U.S. economy?
With its main modes of transport assaulted on all sides, the petroleum industry faces a major showdown, and Nebraska is shaping up to be ground zero.
Central to both major U.S. railroads hauling crude oil — Union Pacific is based in Omaha and BNSF’s parent company is based here — the Cornhusker State is also the terminus of the existing Keystone pipeline and is the proposed ending point for the much-debated and delayed Keystone XL.
“Some of the people who don’t want us to transport oil don’t want us to use oil,” said John Felmy, chief economist for the American Petroleum Institute, a group funded by oil companies. “We need to do a better job about telling our story, but we also need to be honest about the realities of energy.”
The United States last year consumed 6.89 billion barrels of petroleum products, producing 2.7 billion barrels itself, making it the global leader. Oil is everywhere — about 71 percent goes for gasoline and other fuels. Other common uses are rubber, fabrics and solvents.
There are no current replacements for oil, Felmy said, calling renewable energies promising and worthy of development but not an immediate substitute. And “choking off the supply points and the transport links would have serious implications for the economy,” Felmy said.
One of those transport links runs through Oakland. The rear of the buildings along Oakland Avenue, 20 or so brick and masonry two- and three-floor structures, face the north-south railroad tracks operated by BNSF Railway, the employer of 5,000 people in Nebraska that is owned by Omaha’s Berkshire Hathaway Inc.
The closest buildings, such as Murray’s 12-unit apartment building, are about 45 yards away.
The tracks and the town in Burt County have been together for more than 100 years. But the oil trains are a recent development. Oil shipments from North Dakota’s recently tapped shale formations first hit 800,000 barrels a day late last year, up from fewer than 100,000 barrels a day in 2010.
BNSF is by far the largest carrier, its oil trains entering Nebraska at South Sioux City from routes in Iowa. Oil has been a growth business for BNSF: Volumes from shale formations such as those in North Dakota have risen to 620,000 barrels per day last year, from 59,000 barrels per day in 2010.
Transporting crude has been a huge boost for BNSF, bought for $26 billion in 2009 by Omaha’s Berkshire Hathaway. BNSF operating revenue, the main financial metric by which railroads are gauged, has risen almost 60 percent since 2009, to about $22 billion last year from $14 billion.
“You can feel the ground surging when they come through now,” said the 72-year-old Murray, a graduate of Omaha’s Benson High School who later owned a general contracting company. “It’s just that the railroad has always been here and people don’t pay it much attention anymore.”
A tour of Murray’s street reveals a collapsed brick wall, lots of hairline cracks and loose masonry. Murray acknowledges that most of the buildings are 100 years old or older, and that he can’t prove the cause. But he said he suspects the culprits are the heavy liquid cargo and the increased frequency of trains passing by because of sharply higher crude shipments.
BNSF says: Nonsense. “We know of no mandated statutes requiring maximum or minimum weights for trains, although there are different weight rails according to the type, size and speed of trains,” said BNSF spokeswoman Roxanne Butler.
The railroads say oil by rail, while the subject of much debate, is quite safe.
In 2012, according to the Association of American Railroads, the incident rate for release of hazardous materials from rail cars was 0.013 per thousand carloads, down from 0.14 in 1980. That means, the association says, that 99.99 percent of hazardous rail cargo shipments are incident-free.
It is a highly regulated industry. Federal regulators set the standards for hauling crude and other hazardous materials, from the route selection and track inspections to train speeds and personnel training, the railroad association says.
“According to the Federal Railroad Administration, 2013 was the safest year in history for the rail industry,” said BNSF’s Butler. “In 2013, BNSF experienced the fewest number of mainline derailments in its history. Rail is the safest mode of land transportation for freight in general and is one of the safest ways to transport crude oil and hazardous materials.”
Butler said BNSF considers all accidents preventable, and is spending $5 billion this year on capital improvements. The Fort Worth, Texas-based company, about tied with Union Pacific as largest U.S. railroad in 2013 operating revenue, also inspects track more frequently than required by regulators, Butler said.
Union Pacific is spending $4.1 billion on capital improvements this year, much of that related to track safety.
U.P. Chief Executive Jack Koraleski said the industry also is working with the Department of Transportation to make existing crude tank cars safer, and to develop a new and stronger one.
There has never been a fatal U.S. oil-train incident, though 47 people were killed last year when one derailed and blew up in Quebec, Canada.
Koraleski, whose company employs about 8,000 people in Nebraska, said the probabilities of such accidents are small and the trade-offs worth it.
“We have been hauling crude by rail for a long time,” said Koraleski, whose oil shipments rose 20 percent last year. “If the pipelines don’t, and the railroads don’t, the alternatives are fully negative for the U.S. economy.”
As for the Keystone XL pipeline proposed by pipeline operator TransCanada, it is on hold pending permit approval by President Barack Obama.
It should not be approved, said Kleeb, the director of Bold Nebraska. She said the pipeline endangers the Ogallala Aquifer and only encourages oil companies to spend additional money chasing harder-to-get deposits, such as shale formations in the northern United States and southern Canada. Those require rocks underground to be broken up under high pressure to release the petroleum.
Kleeb says she and her group are not against fossil fuels, acknowledging that it would be impractical to go 100 percent renewable immediately. She also said ceasing production from hard-to-get deposits in North Dakota’s Bakken region isn’t going to send the economy into a malaise. The Bakken produces about a million barrels a day out of the 19 million consumed each day in the country.
“What we need to do is slow down,” Kleeb said. “The oil isn’t going anywhere. You can make all the money you need to make.”
Mark Johnson, the Nebraska spokesman for TransCanada, said pipelines are the most efficient method of transporting oil between distant points, passing along the lowest costs to consumers.
“The bottom line is that the United States needs oil and it is going to get to market one way or another,” Johnson said.
The Keystone pipeline, now about four years old, runs from the southern Canadian province of Alberta and terminates in southern Nebraska at Steele City, the proposed endpoint for the Keystone XL.
Johnson said danger to the Ogallala is low, with nature having provided the aquifer with a deep and effective filtering system of sand and rock. Pipelines and oil wells already dot the Ogallala landscape, Johnson said, and the existing Keystone pipeline has operated without serious incident.
Like oil-train accidents, pipeline incidents tend to be attention-grabbing, such as the one in Kalamazoo, Michigan, in 2010, when an oil pipeline broke and spilled almost 1 million gallons. Cleanup costs have approached $1 billion.
From 1994 through 2013, there were 2,715 significant pipeline incidents, according to the federal Pipeline & Hazardous Materials Safety Administration. That is an average of 136 a year, defined as causing death or hospitalization, incurring costs of more than $50,000, or erupting in fire or explosion. The incidents have caused 40 deaths and 132 injuries.
Joseph Schwieterman, a professor at Chicago’s DePaul University specializing in transportation, said perfect safety in the U.S. economy’s supply chain — train or pipeline or any other mode — is an unreasonable expectation.
“The accidents that happen are headline makers, but the risks are manageable,” he said. “The hype is out of proportion.”
Schwieterman also said there is a generational component to opinions on oil production and the transportation of its products.
“Oil invokes a negative, visceral reaction among young people,” Schwieterman said, acknowledging that high-profile troubles such as the 2010 BP Gulf Coast oil rig blowout has had the same effect on some people as the Exxon Valdez tanker spill in 1989.
“People tend to forget about the value of energy independence,” he said, “and that such independence will come at a certain price.”
The Omaha World-Herald Co. is owned by Berkshire Hathaway Inc.