Category Archives: California Regulation

CA Fish & Wildlife wants new emergency regulations by September

Repost from The Los Angeles Times, Business
[Editor:  Significant quote: “Plans also call for safety drills and, possibly, the placement of safety equipment at potentially dangerous rail ‘pinch points.’  …These points include spots along rail routes through the Feather River Canyon and Donner Pass in Northern California, the Tehachapi Pass and San Luis Obispo in the central part of the state, and urban rail corridors in Southern California, officials said.”  Hmmm … how about urban rail corridors in Northern California??  – RS]

State moves to improve safety in transporting oil by rail

Marc Lifsher, July 7, 2014
1889739_FI_0603_Crude_By_Rail_IK
A year after rail tanker cars carrying crude oil in Canada exploded and killed 47 people, California is stepping up efforts to prevent a similar disaster on tracks crisscrossing the state. (Irfan Khan / Los Angeles Times)

A year after rail tanker cars carrying crude oil in Canada exploded and killed 47 people, California is stepping up efforts to prevent a similar disaster on tracks crisscrossing the state.

In recent weeks, the state began pumping more money into a new rail safety program, the Legislature approved new fees on oil being carried by train, and the state’s Fish and Wildlife Department started planning how to better protect inland waterways from oil spills.

“We have a clear and present risk to Californians right now from potential spills,” said Chuck Bonham, Fish and Wildlife director. “We’re moving fast per the Legislature to best prepare California for that risk.”

There’s good reason for rushing, Bonham warned. Crude oil shipments to California last year rose to 6.3 million barrels, up 1.1 million barrels from the 2012 total. Imports could rise to 150 million 42 gallon barrels, a quarter of the state total, by 2016, the California Energy Commission estimates.

The Fish and Wildlife Department, which oversees the state’s Office of Oil Spill Prevention and Response, is set to hire 38 technicians to boost a current crew of 250 people, previously funded to deal mainly with coastal oil spills.

Top Fish and Wildlife officials already are meeting with other federal, state and local government agencies to set priorities and schedule a series of emergency response drills at high-risk stretches of rail lines, such as in the mountains, marshlands and densely populated urban neighborhoods.

The new hires and expanded responsibility will be paid for by a fee of 6.5 cents per barrel of crude oil transported through the state by rail or pipeline. The fees were approved by the Legislature in mid-June after a heated battle between California’s powerful oil industry, the administration of Gov. Jerry Brown and environmentalists.

The governor basically got what he wanted: a dedicated source of money to help respond quickly to both maritime spills and potential and actual accidents involving pipelines and rail tanker cars bringing crude oil to refineries from in-state wells and fields in the Great Plains and Canada.

But that’s just part of the state’s response to the threat posed by train wrecks involving crude oil cargoes. The state Public Utilities Commission is hiring seven additional track inspectors to work with federal government counterparts to keep oil trains with up to 100 tank cars rolling safely.

And lawmakers still are considering even more measures to require railroads to provide greater information about oil trains passing through communities, establish round-the-clock emergency communications, and levy per-tank-car fees for emergency response activities.

“The funding in the budget is an important step,” said Sen. Fran Pavley (D-Agoura Hills), author of one of three tank-car-safety bills, “but more actions can be taken to help prevent and respond to accidents.”

The Brown administration’s goal is to set up a comprehensive system for safeguarding an estimated 7,000 rail and 5,000 pipeline crossings over inland waters.

With that in mind, Fish and Wildlife already has hosted a number of meetings with state and federal government agencies, including the State Fire Marshal and the U.S. Coast Guard, that also deal with oil spills. State officials are reaching out to railroad companies and tank car manufacturers, who are working on more crash-resistant rolling stock.

“The folks who transport oil and store oil in appreciable volume need to develop contingency plans for how to protect sensitive sites,” said Thomas Cullen, a former Coast Guard captain, who runs the state’s prevention and response program.

Plans also call for safety drills and, possibly, the placement of safety equipment at potentially dangerous rail “pinch points.”

These points include spots along rail routes through the Feather River Canyon and Donner Pass in Northern California, the Tehachapi Pass and San Luis Obispo in the central part of the state, and urban rail corridors in Southern California, officials said.

“We’ve got to go shoulder-to-shoulder working with industry,” Cullen said.

One of the first steps, he said, will be issuing emergency regulations for rail and pipeline oil transportation, which he hopes can happen by September.

Officials said permanent regulations should be ready about a year later, after Fish and Wildlife holds hearings to get input from railroads, oil companies, environmentalists, local government agencies and neighborhood groups.

Oil companies, which had opposed some parts of the governor’s program, including the fee for inland shipments, say they want to cooperate with the state’s expanding safety efforts.

“It’s going to add some additional expense to getting California energy to consumers,” said Tupper Hull, a spokesman for the Western States Petroleum Assn., a trade group.

“Our primary concern,” he said, is to see that state money goes to first responders “to give them the equipment and training necessary so people can have confidence that this is a safe transportation mode.”

New map shows California emergency teams not in best position for oil train response

Repost from The Sacramento Bee
[Editor: This interactive OES map, “Rail Risk and Response” is an incredibly detailed resource – as you zoom in, additional features appear.  Hazards shown on the map include geologically unstable areas, proximity to dense population centers, proximity to waterways, schools and hospitals, pipelines, sensitive species or habitat, etc.  The story in the Sacramento Bee does not contain a link to the map.   Here’s the intro page for the interactive map.   And here’s the map itself.  – RS]

New map shows California emergency teams not in best position for oil train response

By Curtis Tate, McClatchy Newspapers, Jul. 4, 2014

A map put together by multiple state agencies in California shows that the location and capability of emergency response teams don’t always align with the biggest risks presented by an expected increase in crude oil shipments by rail in the coming years.

The map shows that the state’s largest population centers, including Sacramento, the Bay Area and Los Angeles, have the most robust emergency response capabilities.

But rural stretches of California’s rail network, including locations with a history of derailments, have the least equipped and least trained emergency response teams, according to the map produced by the Interagency Working Group on Oil by Rail Safety.

The map shows large concentrations of hospitals, schools and neighborhoods around many rail lines through California cities. Additionally, it shows that the state’s rail network frequently intersects with fault lines, rivers and streams and sensitive wildlife habitats.

California has some of the best-trained and best-equipped emergency response teams in the country, according to some experts, but they’re not always where they’re needed.

“Proximity matters,” said Kelly Huston, a spokesman for the state Office of Emergency Services.

Since Gov. Jerry Brown proposed a shift in state oil spill and prevention resources in his budget in January, members of the California Legislature have held hearings and offered legislation to improve the state’s preparedness.

“Everyone recognizes this is a critical need throughout the state,” said state Sen. Fran Pavley, D-Agoura Hills.

Starting next year, California will begin imposing a 6.5-cent-a-barrel fee on oil transported to the state by rail to fund oil spill response and prevention efforts. State lawmakers have introduced another bill to levy an additional fee to train and equip firefighters who may be called to respond to a rail incident.

California officials soon expect the state to receive as much as a quarter of its oil supply by rail, which means more frequent train movements through the state’s highest-risk areas.

“It makes what we’re doing that much more important,” said state Sen. Jerry Hill, D-San Mateo.

The map was presented last week by the state Environmental Protection Agency at a workshop on crude oil trends at Berkeley City College. It shows a dearth of response capability in locations where derailments have occurred more frequently, according to the California Public Utilities Commission.

These include the Cantara Loop on the upper Sacramento River, the site of a 1991 train derailment that released thousands of gallons of pesticide, killing fish along a 40-mile stretch of the river.

They also include the Feather River Canyon, which according to documents released last week by OES, is the route of a twice-monthly train of Bakken crude oil. The trains, operated by BNSF, pass through Sacramento on their way to a rail terminal in Richmond.

“A spill into these sources of water makes it even more problematic,” Pavley said.

Another vulnerable site: Cuesta Grade, a steep, serpentine stretch of track north of San Luis Obispo. A proposed crude-by-rail terminal at the Phillips 66 refinery in Santa Maria, south of San Luis Obispo, would bring five 80-car oil trains a week over the line, operated by Union Pacific.

Aaron Hunt, a spokesman for Union Pacific, said that the railroad had reached out to fire departments across California in the communities where it operates and has offered “comprehensive” hazardous materials training to first responders around the state.

“We annually train local, state and federal first-responders on protocols to minimize the impact of a derailment in their communities,” he said.

BNSF, the railroad that hauls more crude oil than any in North America, is offering hazardous materials training for hundreds of firefighters, including some in Sacramento, according to spokeswoman Lena Kent.

Trains transporting crude oil are not new in California. From 1983 to 1997, Southern Pacific Railroad operated one such train every day between Bakersfield and South Los Angeles over the Tehachapi Pass.

But that oil was thicker California crude that doesn’t ignite easily, and it was also transported in specially designed tank cars. Much of the crude oil coming into the state today is lighter and more flammable, and it’s loaded into a fleet of tank cars with a long record of failure in derailments.

“In light of new risks, it’s essential for first responders to have the right training and equipment to prepare for and respond to accidents,” said Curtis Brundage, a hazardous materials specialist with the San Bernardino Fire Department, in a state Senate hearing last month.

The worst accident occurred a year ago, in Lac-Megantic, Quebec. An unmanned Bakken crude oil train broke loose and derailed in the center of town. Massive fires and explosions killed 47 people and leveled entire blocks of buildings.

More derailments followed, though none fatal, as the railroads and the federal government initiated a series of safety improvements. Emergency response officials from all over the country have testified in Washington in the past few months that local fire departments lack the resources to confront large fires from trains carrying 3 million gallons of oil.

In a report last month, OES made a dozen recommendations to improve the safety of California communities, including increased track inspections, stronger tank cars, more funding for emergency response and better notification of hazardous shipments from the railroads.

Hill gives the railroads credit for taking the issue seriously with stepped-up track inspections, new operating procedures, orders for stronger tank cars and offers to train emergency personnel. But he added that state lawmakers and agencies were right to push for more before a trickle of oil shipments by rail to California turned into a steady stream.

“We saw what happened elsewhere,” he said. “This is just to make sure California is prepared.”

Video coverage of BSHC Workshop on Valero DEIR

See video below from Constance Beutel on YouTube

Benicia Videographer Constance Beutel covers Workshop sponsored by Benicians For a Safe & Healthy Community

On Saturday, June 28, Benicians For a Safe and Healthy Community (BSHC) offered a free public workshop on “How to Read and Comment on Valero’s Draft EIR.”

The event, attended by over 60, was primarily an objective study of general information on Environmental Impact Reports, legal requirements under the California Environmental Quality Act (CEQA), and an explanation of how ordinary citizens are encouraged to participate in reviewing and commenting on these lengthy documents.

While event planners sought to present an impartial forum as an educational experience, there were plenty of questions and comments from participants that took issue with Valero’s proposal.

After the presentations, breakout groups worked on issues of concern to participants.

Local videographer Constance Beutel covered three of the speakers on her YouTube page.  See the video below, and check out Constance’s many other videos here: http://youtu.be/9Prey7fckk8.

Region north of Sacramento sees 200-300 tank cars carrying crude oil on a given day

Repost from The Appeal-Democrat (Sutter & Yuba counties in California)

Tracking trouble: Recent accidents highlight the dangers of transporting flammables on trains – including crude oil through Marysville

June 29, 2014, by David Bitton

It might be scarier to know how much of anything is being hauled through the Yuba-Sutter region via railroad. But it might be for the best to know exactly how much crude oil is going through; and it might help to put it into perspective.

Crude oil has been on the minds of communities with rails running through them since the booming of oil exploration and drilling in North Dakota. There have been a few high-profile accidents involving trains pulling tankers full of the crude oil.

It is now public record that Burlington Northern Santa Fe tank cars carrying North Dakota Bakken crude oil pass through Marysville about once a week. The information was released this past week from the Governor’s Office of Emergency Services.

Railroad companies sought to to restrict such information to just emergency responders, citing security concerns, but the state, after some time, went ahead and released the information.

The transporting of crude oil from the Bakken Fields in North Dakota has come under greater scrutiny in the past year, with fears over the potential problems with the crude oil that is more volatile and flammable than oil from other regions.

There have been fiery derailments in North Dakota, Virginia, Alabama and Lac-Mégantic, Quebec, Canada, all involving Bakken crude oil.

The likelihood of a train derailment in Yuba-Sutter isn’t any greater or different than much of the rest of the country, area emergency responders agreed. But that doesn’t mean accidents don’t happen — they do. And due to those accidents, state and federal agencies are scrambling to tighten regulations.

Much of the concern comes from the ever-increasing quantity of crude oil entering the state by rail.

Crude oil heading to California refineries via rail has spiked in recent years from 498,000 barrels in 2010 to 6.3 million barrels in 2013, according to the California Energy Commission (a barrel contains 42 gallons of crude oil).

And by 2016, as much as 150 million barrels of crude oil, or 25 percent of total imports, could be coming into the state on rail, according to the California Energy Commission.

Less than 1 percent

Despite the increases, Aaron Hunt, director of corporate relations and media for Union Pacific, said crude oil entering California currently accounts for less than 1 percent of its business.

“Though we ship more grain, cement and timber than crude oil, Union Pacific has safely moved crude oil on behalf of our customers for decades,” Hunt said. “Seeking energy independence, U.S. companies have enthusiastically developed crude oil resources and rail has played a role in getting those resources to the right markets.”

Both Burlington Northern Santa Fe and Union Pacific move commodities through Yuba-Sutter ranging from fruits and vegetables to sulfuric acid, anhydrous ammonia, chlorine and crude oil.

U.P. does not currently move crude oil in California originating from the Bakken region, Hunt said. But the rail company does move crude from other areas through this region.

The quantity is hard to pin down as Union Pacific isn’t releasing figures, but Bill Fuller, chairman of the Region 3 local emergency planning commission, which includes 13 Northern California counties and falls under the Governor’s Office of Emergency Services, was told by the Union Pacific that as many as 200-300 tank cars carrying crude oil could be moving through Yuba-Sutter on a given day.

Well-traveled lines

Lt. Aaron Easton, deputy chief of the Marysville Police Department, said the two Union Pacific rail lines that pass through Marysville are well traveled.

“Amtrak’s passenger lines come through twice each day in the pre-dawn hours,” Easton said. “The cargo lines pass numerous times at all hours of the day and night,” he said. “Cargo includes large volumes of fuels, chemicals, and a variety of other potentially hazardous types of cargo.”

Last month, the U.S. Department of Transportation ordered the railroad carriers to notify the State Emergency Response Commission when a single train is transporting more than 1 million gallons of Bakken crude oil into their state.

Railroad companies including Union Pacific support more stringent standards for tank cars, which are used to transport flammable liquids, including crude oil.

Tank cars are owned or leased by the companies shipping products, not by the railroad companies.

The Association of America of Railroads has standards for tank cars that currently exceed the federal requirements and have been pressing the Department of Transportation to upgrade.

Existing tank cars would need to be retrofitted or phased out, Hunt said.

“The new standard requires a thicker, more puncture-resistant shell, jacket, and thermal protection,” Hunt said. “It also requires extra-protective head shields at both ends of the tank car and additional protection for top fittings.”

Y-S ready in case of emergency

The stories are scary and run the gamut.

In April, a fire erupted after more than a dozen tanker cars carrying Bakken crude oil derailed in Lynchburg, Va. No one was injured.

But last July, 47 people in Lac-Mégantic, Quebec, Canada, were killed when a train carrying Bakken crude oil derailed and erupted in flames that destroyed part of the downtown area.

Though a derailment and fire of that magnitude isn’t likely in Yuba-Sutter, emergency procedures are in place in case of a train derailment.

The Yuba-Sutter Hazmat Response Team, which was formed in 2012, is made up of six fire agencies — Marysville, Linda, Olivehurst, Wheatland, Yuba City and Sutter County.

Many of its members are hazardous materials technicians or specialists and have received training on rail car emergencies including leaks, spills and derailments.

“The concept was to pool the resources of local hazardous materials response teams for better protection of Yuba and Sutter Counties,” said Sutter County Fire Chief Dan Yager. “A large-scale incident involving any release of known or unknown substances would trigger the activation of this team.”

The six agencies agreed that their immediate course of action would be to determine the scope of the incident, call for mutual aid and help those in need.

“Our mission is to protect life, the environment and property, in that order,” Yager said.

If a large-scale evacuation is necessary, Yuba County Undersheriff Jerry Read said his department and the California Highway Patrol have worked together to create routes based on the scenario.

A unified command structure would be established with fire, law enforcement, county office of emergency services and railroad representatives working together, said Linda Fire Chief Richard Webb.

“Continued training and planning are the mechanisms we will continue to use in an effort to mitigate the risks associated with a derailment,” Webb said. “The projection is for Bakken crude oil shipments by rail to spike up dramatically over the next several years, which would increase the risk of a derailment possibilities.”