Category Archives: Bakken Shale

Environmental groups sue Bay Area Air Quality Management District

Repost from KPIX 5, CBS SF Bay Area

Lawsuit Filed Over Fracked Oil Trains In The Bay Area After KPIX 5 Report

March 28, 2014


RICHMOND (KPIX 5) — Two weeks ago, KPIX 5 discovered trains carrying explosive fracked crude oil have been rolling into the Bay Area under everyone’s radar. On Thursday, four environmental groups have filed a lawsuit over it, calling the crude by rail terminal illegal.

Earthjustice attorney Suma Peesapati had no idea the long trains were coming into the Bay Area until she saw KPIX 5’s story.

“I was flabbergasted,” Peesapati said. “This just happened under the cover of night.”

Fracked crude oil from the Bakken shale fields of North Dakota can result in deadly explosions in a derailment. Yet we discovered the energy company Kinder Morgan started bringing 100-car trains loaded with the oil right into the heart of Richmond six months ago, all without having to go through any environmental review.

“We can’t hold up their permit because there is public opposition. As long as somebody doesn’t increase their emissions, we give them a permit,” Jim Karas of the Bay Area Air Quality Management District told KPIX 5.

Karas said since the rail yard was previously unloading ethanol trains, switching to fracked crude oil was no big deal. “Very small deal, very well controlled, very few emissions,” he said.

According to permit documents obtained by KPIX 5, Kinder Morgan claimed the operation “will not increase emissions beyond currently permitted levels”, and requested that the air district treat it “as an alteration, not a modification”.

“This hardly a minor alteration. I mean this fundamentally changes the nature of the operation and the environmental impacts,” said Peesapati.

Earthjustice filed a lawsuit on behalf of 4 environmental groups: Communities for a Better Environment, Asian Pacific Environmental Network, the Sierra Club, and the Natural Resources Defense Council.

The complaint claims the Air District’s “clandestine approval” of the project “ignores the well-known and potentially catastrophic risk to public health and safety.”

“These trains are rolling and they pose an immediate threat to the local community,” said Peesapati.

“It’s really a slap in the face against the people of Richmond,” said Andres Soto with Communities for a Better Environment. He hopes the courts will take action quickly. And not just because of the danger of explosions.

“There’s a number of chemicals that are constituents in this crude oil that are carcinogenic,” he said.

Adding to the risk, Soto said the tanker trucks that deliver the crude to local refineries. “It’s going to take three trucks to unload one train car and that is an extreme expansion of the number of trips by diesel trucks on our city streets and on our state highways.”

KPIX 5 reached out to Kinder Morgan and the Air District Thursday night. Both said they don’t comment on pending litigation. The lawsuit calls on the Air District to pull Kinder Morgan’s permit, and asks the judge to issue an injunction that would shut down the terminal until a full environmental impact report is completed.

Valero admits plan for tar sands and Bakken crude

Repost from Digital Journal

Valero admits plans for East Bay refinery to burn tar sands oil

By Nathan Salant, March 27, 2014

VrefBenicia –  Valero Energy Corp. could use a new rail terminal it plans to build at its San Francisco Bay Area refinery to process highly flammable Bakken crude from Montana.

Valero Energy Corp. could use a new rail terminal it plans to build at its San Francisco Bay Area refinery to process highly flammable Bakken crude from Montana.

Valero conceded that possibility for the first time Monday at a community meeting called by the city-sponsored Valero Community Advisory Panel, according to San Francisco television station KPIX.

“If Bakken crude is one of the crudes that’s available by rail, it’s possible that it could make its way to our plant,” Valero spokesman Chris Howe told KPIX reporter Christin Ayers at Monday’s meeting.

Valero had previous said only that it wanted to begin bringing in crude oil by train to add to the resources available to its refinery in Benicia, Calif., on the shore of Suisun Bay.

Valero’s Don Couffle also told KPIX that the refinery also could choose to bring in oil derived from Canadian tar sands, similar to the fuel that leveled a major part of a Canadian coastal town last year, killing 47 people.

“Crude oil that’s derived from tar sands may be a candidate if it fits our profile,” Couffle said.

The refinery already brings in more than 100,000 barrels of crude daily by ship and pipeline.

Valero proposed the rail facility last year but the city, which must decide whether to allow it, required the company to prepare an extensive environmental impact report before it could be approved.

In theory, the project still could be derailed it the report uncovers unanticipated negative environmental consequences.

But Valero’s proposal has stirred up considerable outrage in the small, historic community, where project opponents have organized meetings of their own and threatened protests.

Nearly 200 residents jammed Monday night’s meeting at a union hall less than a half-mile from the refinery.

Several attendees spoke in favor of the rail project, which has been projected to add 20 permanent jobs to the refinery’s workforce and as many as 100 temporary jobs while the facilities are constructed.

Company officials presented the project to the audience and then answered questions from attendees.

Valero said shipments of up to 100 tanks cars filled with crude oil every day would not affect air quality, and that all safety standards would be met.

The additional oil by rail would not increase refinery production, the company said, because it would merely replace crude currently brought by ship.

“It would not increase crude delivery, just make it more flexible,” said John Hill, the refinery’s vice president and general manager.

But many local residents and newly formed community groups complain that the rail shipments added an extra layer of danger to the community.

Benicians for a Safe and Healthy Community said Canadian tar sands oil was more polluting than other crudes.

“They’re just pushing through the project,” said the group’s Jan Cox-Golovich, a community activist and former city councilwoman.

“Have some respect for the community,” she said.

The draft environmental impact report is expected to be released next month, after which Valero plans to host another public meeting, KPIX said.

Read more:  http://www.digitaljournal.com/news/environment/valero-admits-plans-for-east-bay-refinery-to-burn-tar-sands-oil/article/378559#ixzz2xHfNoysT

Marathon Petroleum questions volatility of Bakken crude, but much remains unknown

Repost from

New lab test shows Bakken crude may be less dangerous than earlier data suggest

By Cezary Podkul NEW YORK  Feb 26, 2014

Feb 26 (Reuters) – A study of a fresh sample of crude oil from the Bakken shale in North Dakota published this week showed sharply lower levels of volatile vapors compared to previous tests, potentially raising new questions about the danger of shipping it by rail.

The latest data from Marathon Petroleum’s Capline Pipeline unit, which publishes so-called “assays” on the quality of over 100 types of crude on its website, showed a sharp fall in the oil’s vapor pressure, a common measure of a fuel’s ability to evaporate and give off combustible gases.

While the data offers only a single snapshot of the properties for a batch of so-called “North Dakota Sweet”, a term for Bakken crude, it may raise more questions about the combustibility of the oil, which has been cited in several fiery derailments in recent months.

The data emerges just as U.S. regulators impose new rules requiring more testing of Bakken crude for fear it is prone to explosion during accidents. Industry officials are appearing before a House committee in Washington on Wednesday to discuss the issue.

Capline’s latest Bakken assay, dated 14 January, was posted on its website this week, shortly after a Wall Street Journal story on Monday used older Capline data to show Bakken crude carries more combustible gases than other varieties. While Bakken’s ultra-light properties are generally well known, hard data is rarely made public.

Regulators are seeking more information on Bakken crude from oil shippers and are also conducting their own data collection and sampling. It is not clear when or if those results will be released.

Capline’s newest test showed a vapor pressure reading of 5.94 pounds per square inch (psi). The reading compares with a psi of 8.75 for a test done in February 2013 and is nearly 4 pounds per square inch lower than the highest reading, 9.7 psi, recorded by Capline in December 2010. A higher psi reading generally indicates a liquid fuel is more prone to give off combustible gases.

It was not clear why the rate had declined so sharply, or whether that decline is broadly reflective of the region as a whole. One expert who reviewed the data said the wide fluctuation appeared unusual, but not conclusive of any trend.

“I would expect it to go up and down, it’s going to vary, but that’s a big drop,” Connie M. Hendrickson, chemist with Arkon Consultants in Dallas, Texas, told Reuters. “Without extra sampling and extra testing, we just don’t know.”

A spokesman for Marathon declined to comment on the decrease, other than to say the firm has “a process in place to test crude oil for quality oversight purposes”. The samples are generally taken at the same spot on the pipeline, the spokesman said.

It is not clear how much Bakken runs through the Capline, a 1.3 million barrels-per-day (bpd) pipeline running north from St. James, Louisiana, to Illinois. The Marathon spokesman declined to provide operating rates for the pipeline.

To be sure, Capline’s latest data still show Bakken crude ranks higher in volatility than most other crudes, based on vapor pressure tests conducted by the company. At the 5.94 psi, for example, Capline’s latest Bakken sample still ranks more than double that of Light Louisiana Sweet crude, which tested at 2.38 psi in May 2013.

Still, the wider range of readings and the infrequency of the testing suggests there remains much uncertainty about the quality of Bakken crude.

Other data sets have suggested not only that the crude is light by its nature – Bakken reserves are rich in so-called “light ends” like butane, propane and other byproducts of petroleum – but that it is also growing lighter.

Refiner Tesoro Corp. said in a 2013 presentation that its purchases of crude sourced from North Dakota’s Bakken region have increased in volatility, topping readings of 12 psi in 2013.

Some lawmakers have asked for more data to aid regulatory efforts on this issue.

“It is not in anyone’s best interest to knee-jerk a response without data,” North Dakota Senator Heidi Heitkamp said in an interview this week.

Berkeley City Council – No Crude By Rail – Sierra Club support

Repost from KPIX5 CBS San Francisco

Berkeley City Council Votes To Oppose Crude By Rail Plan

March 26, 2014 8:19 AM
A KPIX 5 crew captured this video of Bakken crude oil getting unloaded from a train at a rail yard in Richmond. (CBS)

A KPIX 5 crew captured this video of Bakken crude oil getting unloaded from a train at a rail yard in Richmond. (CBS)

BERKELEY (CBS SF) — The Berkeley City Council voted unanimously Tuesday night to approve a resolution that opposes plans by Phillips 66 to transport crude oil through Berkeley and other East Bay cities to a new refinery rail spur in San Luis Obispo County.

City Councilwoman Linda Maio, who wrote the resolution along with City Councilman Darryl Moore, admitted in a letter to the community that railroads are exempt from local and state laws because they are interstate operators.

But Maio said, “That must not stop us from fiercely opposing their plans and demanding intervention.”

She said that among the actions that Berkeley can take are filing briefs in environmental impact lawsuits opposing Phillips’ plans, coordinating with other cities located along the planned transportation route, working with state legislators and lobbying California’s congresspersons and senators.

In a letter to other councilmembers, Maio and Moore said California refineries are in the process of securing permits to build rail terminals to import Canadian tar sands and Bakken crude oils from North and South Dakota.

Maio and Moore said under current plans, crude oil trains would enter Northern California via the Donner Pass and eventually travel along the San Francisco Bay through Martinez, Richmond, Berkeley, Emeryville and Oakland using Union Pacific tracks.

From Oakland, the trains would use the Coast Line via Hayward, Santa Clara, San Jose and Salinas and continue along the Pacific Coast to the Santa Maria facility in San Luis Obispo County, they said.

Maio and Moore said the Phillips 66 project would transport 2 million gallons per day of crude oil through the Bay Area and that “Roughly 80 tanker cars per day of crude oil assembled in a single train would pass through our cities.”

“A crude oil accident could occur anywhere along the transportation corridor including the densely-populated Bay Area,” they said.

The two councilmembers said transporting crude oil can be dangerous, citing an incident last July in the small Canadian town of Lac-Megantic, where 72 tanker cars loaded with 2 million gallons of crude oil derailed, dumping 1.5 million of crude oil.

The resulting fire and explosions burned down dozens of building, killed 47 people and caused more than $1 billion in damage, they said.

The Sierra Club’s San Francisco Bay chapter said in a statement today that it “strongly supports” the resolution by Maio and Moore.

Sierra Club staff attorney Devorah Ancel said, “The tar sands and Bakken crude are more carbon-intensive, more toxic, and more dangerous to transport than conventional crude oil.”

“Transport of tar sands and Bakken crude is growing at a ferocious pace – in 2013 alone more oil spilled from crude oil trains than has spilled from trains in the past four decades,” Ancel said.

She said, “These trains are not safe, they are not adequately regulated and they have no business traveling through Berkeley, the East Bay, or near any community or waterway that would be threatened by a catastrophic spill or explosion.”

Phillips 66 said in a statement that it “is committed to the safety of everyone who works in our facilities, lives in the communities where we operate or uses our products.”

“Preventing incidents and ensuring the safe and reliable transport of petroleum is our top priority while participating in the North American energy renaissance,” the statement read.

The company said it has “one of the most modern crude rail fleets in the industry, consisting of railcars that exceed current regulatory safety requirements and it began modernizing its crude fleet in 2012 “as a proactive precautionary measure to safely capture the opportunities of the rapidly changing energy landscape.”

Phillips said, “Our rail cars are inspected to ensure safe, compliant shipments, and we collect data to ensure compliance with the periodic maintenance plan for our rail car fleet” and its rail car program includes federally-mandated inspection, testing and repair of hazmat tank cars.”

The company said its Santa Maria facility is set up to process the heavier California-produced crude oil and the routes that train cars travel to reach the facility are selected by rail carriers.