Tag Archives: Valero Crude by Rail

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

James Egan, M.D.

KQED covers rail and oil industry “show and tell” in Sacramento

Repost from KQED Science, NPR

Railroads, Big Oil Move to Ease Fears Over Crude Shipments

By Daniel Potter, KQED Science | February 24, 2015
This CPC-1232 tank car represents an upgrade over an older models criticized for being easily punctured, but critics say there's still much to be desired. (Daniel Potter/KQED)
This CPC-1232 tank car represents an upgrade over an older models criticized for being easily punctured, but critics say there’s still much to be desired. (Daniel Potter/KQED)

Facing growing apprehension among Californians, railroads and oil companies are trying to allay fears over the dangers of hauling crude oil into the state.

Tensions have been heightened by a spate of derailments, as well as a recently unearthed government report with some sobering projections for the potential cost to life and property from such incidents in coming years. Federal regulators are weighing stricter rules governing everything from modernized braking systems to new speed limits.

In a rare move Tuesday in Sacramento, officials with California’s two major railroads, Union Pacific and BNSF, held a media briefing explaining safety measures ranging from computerized stability controls to special foam for choking out fires.

At the California State Railroad Museum, Pat Brady, a hazardous materials manager for BNSF, showed off a newer model tank car with half-inch thick “head shields” – metal plates extending halfway up on either end.  The car was also equipped with “skid protection,” Brady said, pointing to a nozzle underneath that’s designed to break away in a derailment, leaving the valve itself intact, to avert spills.

This tank car, the CPC-1232, is supposed to be safer and harder to puncture than the older DOT-111 version, but it’s facing skepticism after several exploded last week when a train hauling North Dakota crude through West Virginia derailed.

Using a simulator, Union Pacific's William Boyd demonstrates technology making sure train operators don't go too fast or end up on the wrong track. (Daniel Potter/KQED)

Industry officials at the Sacramento briefing were reluctant to comment about that incident, saying not all the facts are in yet, but several emphasized the importance of keeping trains from derailing to begin with, and claiming that more than 99.99 percent of such shipments arrive safely.

Both BNSF and Union Pacific said tracks used to haul crude through California undergo daily visual inspections, said Union Pacific spokesman Aaron Hunt, as well as a battery of high-tech tests.

“We’re using lasers to measure track gauge and track profile to keep trains on tracks,” he said, and also “pushing ultrasonic waves into our rail to detect potential cracks early.”

Hunt says in a typical month, Union Pacific brings in 1,000 to 1,200 cars loaded with oil, a tiny fraction of the company’s in-state freight. BNSF said its oil haul is even less: about two trains a month. But some predict such shipments could soar in the near future.

Also represented at the briefing was Valero Energy, which is hoping to start bringing two fifty-car oil trains a day to its refinery in Benicia.

“Valero as a company has acquired over five thousand rail cars,” said Chris Howe, a health and safety manager at Valero’s Benicia facility. “We’re able to get a number of them committed to our project, so we will likely be using Valero cars of these newer designs.”

The industry’s shift away from the DOT-111 model is “a useful step,” says Patti Goldman, managing attorney with Earthjustice, who adds that the newer cars are still “not nearly safe enough.”

“What you need to do to prevent catastrophes when trains do leave the tracks is have far better tank cars to be able to prevent the leaks and explosions in the first place,” says Goldman.

Earthjustice is in a legal fight pushing for stronger oversight and regulation. Goldman charges that it’s taking a long time to fully phase out older models because the industry is more focused on growing fleets rapidly.

“That’s just inexcusable,” she says. “We don’t think they’re allowed to do that. We think they need to get these hazardous tank cars off the rails before they start increasing the amount of crude oil that’s going to be shipped on the rails.”

 

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

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

We need open debate on oil train safety

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Editor: Reflections on Benicia’s Recirculation announcement

By Roger Straw, The Benicia Independent, Feb. 6, 2015

Valero_Crude_by_Rail-Project_Description_March_2013_(cover_page)On Feb. 3, the City of Benicia released a significant announcement, further delaying Valero’s proposal to begin shipping North American (Bakken and tar sands) crude oil in railroad tank cars:

The City has reviewed all of the comments submitted on the Draft EIR and has determined that sections of the Draft EIR will need to be updated and recirculated.  The anticipated release of the Recirculated Draft EIR for public comment is June 30, 2015.  The Recirculated Draft EIR will have a 45-day comment period.  After the comment period on the Recirculated DEIR closes, the City will complete the Final EIR which will include responses to all comments on the original Draft EIR and the Recirculated Draft EIR.

This is a victory for those of us who have openly and passionately opposed Valero’s proposal – a vindication of what we have been advocating all along.  The local opposition group, Benicians for a Safe and Healthy Community (BSHC), submitted a 132-page critique of the DEIR, disclosing multiple “fatal flaws” and calling for a revision and recirculation.  The City of Benicia seems to agree.

After the City’s failed attempt to rush the project’s approval in early 2013, it has been significantly slowed for critical analysis and public transparency.  The recirculation will further delay any possibility of approval.  Don’t hold your breath, but little “David” may just be winning a long and arduous battle with “Goliath.”

On the other hand, the decision to recirculate indicates that Valero and City staff are NOT backing off plans to seek a permit, as some had speculated they might.  The historic drop in crude oil prices; the resulting cutbacks in crude extraction in North Dakota; the uncertainty of impending new federal and state regulations and lawsuits surrounding those new regulations; vociferous local, regional and statewide opposition and severe critiques of the Draft EIR … none of these factors, nor all of them together seem enough to have backed Valero into a wait-and-see attitude.

Local conversation among Benicia residents following the recirculation announcement has been spirited with significant questions and concerns:

  • Many are questioning the City’s “selected” revision method–what sections of the DEIR are going to be revised, and what sections, if any, will go unchanged?  Is a “piecemeal” revision a wise approach?  Benicians for a Safe and Healthy Community (BSHC) and other government agencies & NGOs have found serious deficiencies in ALL sections of the DEIR (see highly critical reviews and the BSHC critique).  Surely the City should address ALL the concerns expressed by the California State Attorney General and the other government agencies and NGO’s.  The City must have a solid EIR with full, honest disclosure of impacts of this project.
  • Critics have raised serious concerns about the ability of the current consulting team to complete the task of revising a DEIR that can withstand legal scrutiny given the extremely poor original product.  Given the badly flawed analysis and obvious bias in favor of the project demonstrated by the consultants, it might be prudent for the City to hire a different consultant.
  • Many Benicians continue to believe that if the DEIR disclosed the true extent of the environmental impacts and safety risks of this project it could never be built.

So Benicians still have work to do.  Maybe take a bit of a break between now and June, but PLEASE don’t quit writing letters, gathering signatures, putting up yard signs, canvassing, petitioning, keeping informed, and supporting nearby Bay Area refinery communities and important uprail efforts.  Stay in touch!