Press release, Rep. Jan Schakowsky (D-IL) [Editor: Food & Water Watch supports the bill with a petition here. “We know that this is just a first step — that in this political climate it seems like it’s nearly impossible to move things forward — but together we can build momentum to protect the lands that are such an important part of our country.” – RS]
On Earth Day Pocan and Schakowsky Introduce Strongest Federal Fracking Ban in the U.S.
April 22, 2015
WASHINGTON, DC — On Earth Day, U.S. Reps. Mark Pocan (D-WI) and Jan Schakowsky (D-IL), members of the Safe Climate Caucus, introduced the Protect Our Public Lands Act, H.R. 1902. The legislation is the strongest anti-fracking bill introduced in Congress to date and would ban fracking on public lands.
“Our national parks, forests and public lands are some of our most treasured places and need to be protected for future generations,” said Rep. Mark Pocan. “It is clear fracking has a detrimental impact on the environment and there are serious safety concerns associated with these type of wells. Until we fully understand the effects, the only way to avoid these risks is to halt fracking entirely. We should not allow short-term economic gain to harm our public lands, damage our communities or endanger workers.”
“Today is Earth Day – a time to renew our commitment to protecting the air we breathe, the water we drink, and the planet we all call home,” said Rep. Jan Schakowsky. ‘Our public lands have been preserved and protected by the federal government for over one hundred years. We owe it to future generations to maintain their natural beauty and rich biodiversity. I believe the only way to do that is to enact the Protect Our Public Lands Act, and I will continue to fight to see that happen.”
“Our public lands are a shared national heritage, and shouldn’t be polluted, destroyed, and fracked to enrich the oil and gas industry,” said Wenonah Hauter, Executive Director of Food & Water Watch. “Ironically, the President is speaking in the Everglades today, a unique and fragile ecosystem that is threatened by nearby fracking on public land. Congress must follow Congressman Pocan and Congresswoman Schakowsky’s bold leadership and ban fracking on these lands, so that future generations can enjoy these special places.”
Mounting evidence shows that fracking threatens our air, water and public health. To make matters worse, reports have shown that existing fracking wells on public lands aren’t being adequately inspected, creating even more potential for disastrous accidents. Right now, about 90 percent of federally managed lands are available for oil and gas leasing, while only 10 percent are reserved for conservation, recreation, wildlife and cultural heritage.
The Protect our Public Lands Act, H.R. 1902prohibits fracking, the use of fracking fluid, and acidization for the extraction of oil and gas on public lands for any lease issued, renewed, or readjusted. The legislation is endorsed by the Food and Water Watch, the American Sustainable Business Council, Environment America, Friends of the Earth, Center for Biological Diversity, Progressive Democrats of America.
Washington’s Swinomish sue to halt Bakken oil trains
Many communities fight transport of crude oil through their towns; some find legal footing to succeed.
By Kindra McQuillan, April 16, 2015, Web Exclusive
To the Coastal Salish people living on Washington’s Swinomish Reservation, water remains an important aspect of daily life. Their ancestors fished for salmon at the mouths of Northwestern rivers and gathered shellfish on Pacific tidelands; modern Swinomish people still pursue these activities from their small reservation on the Puget Sound. Many fish for their own subsistence, and many work as employees of the Swinomish Fish Company, which serves international markets.
The Swinomish Reservation is surrounded by water. Swinomish Channel and Swinomish Reservation. Photograph courtesy of Joe Mabel
Even so, for more than 20 years, the Swinomish have consented to strictly regulated use of a railroad that crosses waters on either side of their island reservation. The track, operated by Burlington Northern Santa Fe LLC, crosses a swing bridge over Puget Sound’s Swinomish Channel, passes several Swinomish businesses, and then crosses a trestle over Padilla Bay, originally on its way to Anacortes, where it historically delivered lumber. A legal agreement between the tribe and the company limited the amount of traffic that would cross the reservation and waterways to Anacortes and required the company to inform the tribe about its cargo.
In the 1990s, the last section of railroad to Anacortes was removed, and the tracks ended on March Point, which houses two oil refineries. Burlington Northern fell behind on their annual reports, and the tribe assumed the trains were carrying supplies to the refineries.
But in 2012, reservation residents began to see 100-car trains—four times as long as the agreed maximum length. Then an Anacortes newspaper reported that the trains were carrying Bakken crude, a volatile oil that has figured in numerous train explosions in recent years, some of them deadly.
Burlington Northern had not informed the tribe that the cars carried this new, dangerous cargo, and ignored tribal requests to desist. So last week, the tribe filed a lawsuit in federal court. The suit asks the court to reinforce the original car limit and to prohibit the transport of Bakken crude via rail across the reservation.
“It’s not a matter of if another train will blow up; it’s a matter of when,” Brian Cladoosby, chairman of the Swinomish tribe, recently told me. “We want to make sure it doesn’t happen in our backyard.”
Police helicopter view of Lac-Mégantic, Quebec, the day a Bakken oil train derailed, killing 47 people in 2013. Photograph courtesy of Sûreté du Québec.
But while many Western communities are grasping for protection against dangerous shipments of crude oil, the Swinomish tribe has a unique instrument for getting it done.
The instrument has to do with the way tribal trust lands work. Tribal trust land, unlike much off-reservation land, requires consent from both the federal government and the tribe before utilities and railroad companies can build infrastructure. But for a century, Burlington Northern and its predecessor companies broke this law by maintaining a railway on the Swinomish reservation without consent from either. In the late 1970s, the tribe sued the company for a century of trespass, reaching a settlement in 1991 that gave the company an easement for continued use of the railway, albeit with a few restrictions: No more than one train could cross the reservation per day in each direction, none could have more than 25 cars, and Burlington Northern would have to inform the tribe of the trains’ cargo at least once per year.
Then came the Bakken boom, and with it a dramatic increase in traffic as trains rushed to carry oil from the Bakken to the West Coast, where ports could take the fuel to international markets. After seeing the traffic increase on their reservation, “the tribe had conversations with Burlington Northern,” says Stephen LeCuyer, director of the office of tribal attorney. “But in the meantime the tribe was seeing explosive derailments of Bakken oil trains, and reached the conclusion that they would not consent to an increase of over 25 cars per day.” After the tribe brought their concerns to Burlington Northern, the company said it wanted to negotiate. Meanwhile, the oil trains kept rolling. That led to last week’s suit.
Burlington Northern has yet to file their case, but in a statement, company spokesperson Gus Melonas argues that it has a legal obligation to carry the oil. “As a common carrier, we are obligated under federal law to move all regulated products, which ensures the flow of interstate commerce,” he said in a statement.
“The Easement Agreement includes a mechanism to address rail traffic volumes to meet shipper needs, and we have been working with the Swinomish Tribe for several years to resolve this issue.” The mechanism Melonas refers to is a stipulation in the agreement, wherein the tribe agrees not to “arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs.”
To the tribes, this mechanism is null. Given the dangerous nature of Bakken crude, the tribe is confident it’s not making an arbitrary decision “in any way,” LeCuyer says.
Their complaint was filed with the U.S. District Court for the Western District of Washington, and was formally served on April 10. Burlington Northern must now file a response within 21 days of the formal complaint. At that point, the court will issue a schedule for hearings, and the case will eventually be decided by U.S. District Judge Robert Lasnik.
Jan Hasselman, an attorney with Earthjustice, an environmental law group that has handled many cases related to oil transportation, said the Swinomish argument appears “airtight.”
“BNSF made an agreement with them, and it violated that agreement,” he said. But Hasselman added that the case wouldn’t likely set a precedent for other communities. “Their agreement is pretty unique,” he said. “But this is yet another example of communities all across the country in different ways rising up to the threat of crude oil transportation.”
Last week, the National Transportation Safety Board issued urgent recommendations calling for the improvement of unsafe oil-tank train cars. Politicians like Sen. Maria Cantwell, D-Washington, and Seattle Mayor Ed Murray, D, are calling for greater oil train safety.
Earlier this year, Washington’s Quinault tribe was able to slow shipping of crude-by-rail near their reservation by challenging oil terminals that were being built without an environmental impact statement.
Meanwhile, the Swinomish Tribe is also testifying against a Canadian pipeline that would carry crude oil to ports in the Salish Sea, the body of water that encompasses the Strait of Georgia, the Strait of Juan de Fuca, and the Puget Sound. Alternative forms of oil transportation, like pipelines and barges, may be safer to human communities, but they would still put fisheries at risk.
“We, of course, always have concern about tankers hitting our reefs,” Cladoosby says. “Thank God that has never happened. We live on an island surrounded by water. We’ve lived here since time immemorial, and the Creator has blessed us with every species of wild salmon. We work very hard to take care of it.”
Swinomish Chairman Brian Cladoosby and his father. Photograph courtesy of Flickr user Ecotrust.
By Matthias Gafni, 04/11/2015 12:43:56 PM PDT
Cracks are visible in the roadway on Systron Drive in Concord, Calif., photographed on Tuesday, March 24, 2015. The cracks, cited by USGS geologist Dave Schwartz, are likely caused by movement of the Concord fault. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
CONCORD — A mysterious earthquake fault slices under central Concord, its jagged, quarter-mile-wide seam running beneath a critical fuel-pumping facility, traversing the edge of a refinery processing 166,000 barrels of crude oil daily, and undercutting strip malls and homes.
While its big sisters, the San Andreas and Hayward fissures, grab the headlines, the Concord Fault — with its 11-mile-long fracture zone stretching from the Carquinez Strait to the Mount Diablo foothills — is also capable of producing a catastrophic earthquake, geologists say. And with critical infrastructure in its path, particularly refineries and a vulnerable railroad bridge not far away, a large seismic event could leave the entire northern half of the state without easy access to fuel — disrupting transportation and the transmission of electricity and water, according to a recent study.
According to USGS geologist Dave Schwartz, Kinder Morgan’s Concord Station sits close to a earthquake fault in Concord, Calif., photographed on Friday, March 27, 2015. The lesser known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
The Concord fissure may be largely ignored by the general public. But not by geologists.
“The Concord Fault is significantly more active than the fault that caused the Napa earthquake,” said Chris Wills of the California Geological Survey, referring to the 6.0 wine country temblor last August that caused more than $400 million in damage. “Nobody would be surprised if a magnitude-6 earthquake happened on the Concord Fault tomorrow.”
Make no mistake, Concord’s contribution to the Bay Area’s geologic activity is significantly smaller than the San Andreas and Hayward zones. Updated U.S. Geological Survey estimates indicate a 3 to 4 percent probability of a magnitude-6.7 or higher earthquake over the next 30 years on the Concord or lower Green Valley Fault, a connected Solano County segment, compared with 6.4 percent for the San Andreas and 14.3 percent for the Hayward Fault.
The Concord Fault creeps a measly 4 to 5 millimeters annually, while the Hayward slips 9 millimeters and San Andreas 25 millimeters.
The last catastrophic temblor on the Contra Costa-Solano combo fault struck more than 400 years ago, but geologists still say it’s important to monitor.
“At some point in time that system has to fail — we just don’t know exactly when,” said David Schwartz with the USGS. Even if the Concord Fault only produces a 5.0 quake, it could cause significant damage, Schwartz said.
The great unknown
The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
On Oct. 23, 1955, a 5.4 quake — the Concord Fault’s last major temblor — was felt from San Jose to Sacramento. It caused $1 million in damage ($8.7 million in today’s dollars) and one fatality, according to the USGS. Windows shattered, brick walls cracked and moved, chimneys shifted and wine bottles crashed from liquor store shelves.
What makes the Concord Fault particularly worrisome to regional planners, so much so that it was highlighted in a December study by the Association of Bay Area Governments, is its potential impact on regional and statewide fuel distribution. Without gasoline, every other crucial need, including water, electricity and transportation, will be affected.
The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
In its report, ABAG studied three theoretical earthquakes — a 7.9 on the San Andreas, a 7.0 on the Hayward and 6.8 on the Concord.
“Originally, we were just going to explore the San Andreas and Hayward faults, but we realized that (there are) a lot of key infrastructure assets in (the Concord) region,” said study author Michael Germeraad, an ABAG resilience planner.
Five Bay Area refineries — all but two are within a couple miles of the fault — processed 235 million barrels of crude in 2012, about 40 percent of the state’s total, according to ABAG. In addition, Kinder Morgan operates a pumping station nearby that receives processed crude from all the refineries and pipes it out to terminals across Northern California and Nevada.
Critical pipelines
That pumping station, a critical piece of fuel infrastructure, lies directly above the Concord Fault.
Built in the 1950s, the station receives products from eight facilities and pumps the refined crude through pipelines. It can store about 1 million barrels, but normal inventory is half of that, said Melissa Ruiz, a Kinder Morgan spokeswoman. Its five outgoing pipelines serve Chico, Fresno, Reno, Sacramento, San Jose, Stockton and surrounding cities, in addition to seven military facilities and public airports.
The company has facilities and pipelines in active fault areas throughout California but has never lost a pipeline or tank to a quake and maintains its infrastructure to industry rules and regulations, Ruiz said.
In its report, ABAG said it had concerns because pipelines can fail due to soil liquefaction — where hard soil loses strength during strong ground shaking — and fault rupture. Knowing pipeline material, age, weld types and other factors would help scientists know where failures are “more likely,” but that information isn’t available.
“Damage to the Concord station would interrupt fuel transmission across the northern half of the state,” the report concluded.
The study also found that if one Bay Area refinery was damaged, they would all likely suffer damage because of their close proximity to each other, and because they are built on similar soils and have similar construction.
“A conservative restoration estimate of damaged refineries is months,” the study found for the Concord quake scenario.
The Tesoro Golden Eagle facility in Martinez sits on 2,206 acres just feet from the fault. Built in 1903, Golden Eagle employs about 650 workers and is the fourth-largest refinery in California.
Spokeswoman Patricia Deutsche said refinery officials are aware it sits next to the fault and a liquefaction zone, but she said the facility follows industry design standards. Piles are driven down hundreds of feet into bedrock, equipment has been retrofitted and the Avon Wharf, an oil terminal located on aging timber piles along the southern shore of Suisun Bay, just received environmental clearance for retrofit up to state quake standards, she said.
Seismic assessments of Bay Area refineries are done every five years, and the building code requirements consider the level of possible ground shaking from any nearby fault, said Gayle Johnson, senior engineer with Simpson Gumpertz & Heger, a national engineering firm.
Johnson, who has investigated the performance of industrial facilities in more than 20 earthquakes worldwide, said since the refinery retrofit programs began in the late 1980s and early 1990s, there has been a “ton of upgrade work done.”
Other impacts
While fuel infrastructure may be the top concern for the region, a large quake could disrupt other major lifelines. The Benicia-Martinez rail bridge, located between the two vehicle spans, is particularly vulnerable, according to ABAG, and could face “significant or complete damage.”
Liquefaction along the Carquinez Strait could cause dredged water channels to slough into the shipping pathways. Runways could rupture at Buchanan Field, which sits adjacent to the fault. Delta levees could breach, creating flooding and impacting drinking water quality, ABAG found.
Two-thirds of the power generated in the region is produced by natural gas facilities, many along the Carquinez Strait.
“In the event natural gas lines are damaged, these facilities will be unable to generate electricity,” the study found.
Still, Wills warns that what will happen during a significant quake on the Concord Fault is largely a mystery.
“How it releases is not that well known,” he said.
Repost from The Vallejo Times-Herald [Editor: Thanks to Rep. Garamendi for his sponsorship of HR1679 to require Bakken oil stabilization before it is loaded onto oil trains. But you can add Garamendi’s name to the long list of officials who show little interest in stopping bomb trains, who operate under the illusion that “safer” is ok. Quote: “He added that the push isn’t to stop transportation of oil by rail, but to make it safer….” – RS]
Crude oil-by-rail safety focus of proposed bill
By Melissa Murphy, 04/08/15, 10:05 PM PDT
U.S. Congressman John Garamendi, D-Solano, pauses as a freight train passes during a press conference at the Davis Amtrak Depot on Wednesday to highlight the need for state and federal action to improve the safety of crude oil-by-rail transports. Joel Rosenbaum — The ReporterSolano County Supervisor Skip Thomson expresses his concerns about rail safety as he participates in a press conference on the issue Wednesday in Davis. Joel Rosenbaum — The Reporter
Transportation of crude oil by rail was a hot topic Wednesday as federal, state and local government officials gathered at the train depot in the city of Davis.
Congressman John Garamendi, D-Solano, addressed media during a press conference about his legislation, H.R. 1679, which would prohibit the transport of crude-by-rail unless authorities have reduced the volatile gases in the oil prior to transportation.
Specifically, maximum Reid vapor pressure of 9.5 psi, the maximum volatility permitted by the New York Mercantile Exchange for crude oil futures contracts.
“Further analysis and debate is warranted, and H.R. 1679 is intended to move debate forward and stress the urgency of action before more lives are needlessly lost,” Garamendi said. “It doesn’t have to be explosive.”
He added that the push isn’t to stop transportation of oil by rail, but to make it safer and that the federal government needs to get its “train in gear” to adopt regulations.
Sarah Feinberg, acting administrator of the Federal Railroad Administration, said even though the issue is complicated, they’re working on a comprehensive approach.
She explained that there has been a 4,000 percent increase in the amount of crude by rail. It continues to be transported by rail, pipeline and truck.
While it will take a long time to create and pass new regulations and standards, interim steps have been taken, including additional emergency regulations, speed reductions, increased inspections and more emergency equipment.
“We’ll continue to do more,” she said.
Standing next to photos of two fiery oil car train explosion, one that occurred as recently as February in West Virginia, Davis Mayor Dan Wolk said the trains go through the heart of the city, and there is a high risk if crude-by-rail starts moving through the corridor.
“It could have catastrophic effects in our community,” he said. “Garamendi’s legislation is in perfect alignment with city objectives. Safety is the priority.”
Solano County Supervisor Skip Thomson agreed and added that the legislation needs to be passed as soon as possible.
Other steps have been taken by the California Office of Emergency Services.
Eric Lamoureux, inland regional administrator for OES, said six hazardous materials vehicles stand ready to respond throughout the state and within the next few months local exercises will test the systems and procedures in place.
Lamoureaux also explained that explosions are a concern, but there also is a risk to water supply. He shared that a derailment in November sent eight train cars and loads of corn into Feather River Canyon near Lake Oroville.
He added that it could have been a bigger issue if it was crude oil.
Garamendi also explained that the process of removing volatile gases isn’t new, but a regular standard for refineries in Texas.
Meanwhile, the city of Benicia is considering an application that would allow Valero Refinery to receive and process more crude oil delivered by rail. The proposed crude by rail project would be a third means to deliver crude oil. So far, Valero receives the crude oil by marine deliveries and pipeline.
According to the city of Benicia website, the city has determined that sections of the Draft Environmental Impact Report, when it comes to the Valero project, will need to be updated and recirculated. The anticipated release of the Recirculated Draft EIR for public comment is June 30. 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.
