Category Archives: Crude By Rail

New reports on freight backlogs – railroads accused of oil favoritism

Repost from The Minneapolis StarTribune

New reports on backlogs bring renewed criticism of railroads

By: Tom Meersman and Jim Spencer, October 24, 2014
Critics say they prove oil favoritism; railroads say numbers are misleading.
Grain elevators seen from a passing train. With continued delays and backlogs for grain shipments, railroads have been accused of playing favorites. Photo: GLEN STUBBE , Star Tribune

Farming groups and other businesses blasted railroads for poor service and favoritism Thursday after seeing new reports about backlogs and waiting times for rail cars.

Rail critics say new data that the federal Surface Transportation Board has begun collecting suggests that the railroads are giving preference to oil shipments, creating long delays for other freight.

A table from BNSF Railway Co., the region’s dominant railway for grain shipments, reported 747 loaded grain cars that had not moved in more than five days during the week of Oct. 12-18, and only six crude oil cars that had delays of that length.

Gary Wertish, vice president of the Minnesota Farmers Union, said the numbers confirm what many farmers and grain elevators have witnessed all year: oil trains on the move constantly, and grain trains few and far between.

“This is the source of our complaints all along,” Wertish said. “Obviously they’re playing favorites with crude oil.”

The regulators early this month ordered the railroads to assemble and submit weekly reports about their performance, following months of complaints from grain shippers, coal suppliers and utilities, ethanol dealers, taconite processors, and Amtrak executives.

The businesses have claimed that delays in rail service over the past year have cost them and their customers hundreds of millions of dollars in lost time, late supplies and higher prices.

In submitting the first reports, railroads cautioned against drawing quick conclusions from the data.

Canadian Pacific Railway’s president and chief operating officer, Keith Creel, urged regulators in a letter “to step back and consult with all the stakeholders” before continuing the process.

The federal order “imposes a significant regulatory burden without articulating how providing this information will improve the overall rail supply chain in the United States,” Creel wrote. Canadian Pacific serves Minnesota, North Dakota and other northern states.

Sens. Al Franken and Amy Klobuchar of Minnesota and Sen. Heidi Heitkamp of North Dakota have followed the issue closely, and all three issued statements Thursday. Klobuchar said the railroad data are needed to understand the problems and “guide decisions” that will reduce delays.

“More transparency in rail operations hardly seems like a tough burden to bear considering what rail shippers in Minnesota are going through,” Franken said.

Canadian Pacific and other railroads filed the reports with the Surface Transportation Board, which regulates the industry. After months of complaints and several hearings, the Board issued an order on Oct. 8 for large railroads to report performance details each week.

The reports cover such things as train speeds, dwell times at terminals, weekly cars on line by car type, weekly total number of loaded and empty cars that have not moved in more than 5 days, coal unit train loadings, grain cars by state and cargo, and number of days late for all outstanding grain car orders.

Bob Zelenka, executive director of the Minnesota Grain and Feed Association, said the report is “unfortunate news” because BNSF pledged weeks ago that it would catch up with its backlogs before harvest, but has not done so.

“It looks like it’s business as usual,” Zelenka said. “The numbers seem to indicate that for whatever reason, the railroads have an easier time moving oil on this congested system than anything else, and I wonder why.”

A study last July estimated that transportation problems between March and May cost Minnesota corn, soybean and wheat farmers more than $100 million in increased freight rates, higher storage costs, lost sales and penalties for products not delivered on time.

Several utilities have also had trouble with delayed and irregular coal deliveries and some have dialed back their power plants and taken other steps to conserve coal stockpiles.

Xcel Energy’s director of fuel supply operations, Craig Romer, said Xcel’s power plants served by BNSF are far behind in the amount of coal they store on site. “Our inventories are in terrible shape,” he said, referring to Xcel’s large Sherco plant in Minnesota and four other coal-burning plants in Colorado and Texas.

“In July, August and September, the railroad actually performed worse than it did in the polar vortex in the middle of the winter,” Romer said. The winter rail problems were related to weather, he said, and the summer disruptions were caused by BNSF track maintenance.

Romer expects regular service to resume when rail construction projects end in a few weeks. “But there’s such a backlog of volume to deliver, it will be several months before they [BNSF] actually turn this thing around,” he said.

BNSF officials have said repeatedly that the company does not give preference to oil shipments over other commodities, and that the railroad is moving more agricultural products than ever before in the region. In a statement late Thursday, the company said that fewer oil cars have delays because oil is moved mainly in unit trains built for speed and efficiency and headed for a single destination.

About half of BNSF’s 27,000 rail cars are also used for 110-car unit trains, the statement said, but the other half are on trains that are broken up as they move across the country and put in rail yards where they are mixed with other cars with different cargoes and sent to various destinations.

“With such a large number of single cars in ag service, the number of cars held [waiting] will always be higher than a commodity traveling almost exclusively in unit trains,” the company said.

In its report, BNSF also noted that if a rail car is held “for more than 48 hours or even 120 hours, it does not necessarily mean that the car will not be delivered in a timely manner or even within the initial service plan.”

Because the weekly reporting system is new and needs to be refined, the company said, “we caution against drawing firm conclusions based upon the absolute values reported in BNSF’s report.”

Staff writer David Shaffer contributed to this report.

Facing lawsuit, California oil train terminal to shut down

Repost from The News & Observer, Raleigh, North Carolina
[Editor: See also a similar report on AllGOV.com.  – RS]

Facing lawsuit, California oil train terminal to shut down

By Curtis Tate and Tony Bizjak, McClatchy Washington BureauOctober 23, 2014
US NEWS RAILSAFETY-CA 2 SA
A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands on Wednesday, March 19, 2014. RANDALL BENTON — MCT

— A legal victory in California this week over crude oil operations could have a spillover effect, emboldening critics of crude-by-rail shipments to press their concerns in other jurisdictions.

EarthJustice, a San Francisco-based environmental group, won its battle to halt crude oil train operations in the state as InterState Oil Co., a Sacramento fuel distributor, agreed to stop unloading train shipments of crude oil next month at the former McClellan Air Force Base.

Sacramento County’s top air quality official said his agency mistakenly skirted the state’s environmental rules by issuing a permit for the operation.

EarthJustice contended the Sacramento air quality district should not have granted InterState a permit to transfer crude oil from trains to tanker trucks bound for Bay Area oil refineries without a full environmental impact review.

The court reversal in California could bolster efforts by environmental groups to slow or stop crude-by-rail projects elsewhere, particularly in Washington state. A proposed terminal in Vancouver, Wash., would transfer oil from trains to tanker ships that could supply California refineries.

Patti Goldman, a managing attorney in the Seattle office of EarthJustice, said the decision sounded “a wake-up call” for permitting authorities to consider community input.

“We have been seeing local authorities blindly approve crude-by-rail projects without being open with the public and without considering the full effects,” she said.

The McClellan operation is relatively small compared with crude oil train terminals proposed elsewhere in California. One, in southwestern Kern County in the southern Central Valley, will be able to receive one 100-car train full of of crude oil each day. The McClellan facility was permitted to unload a similar amount once every two weeks.

The Kern facility, which could begin operating this month, was already zoned for transfer operations, and required no new environmental reviews or public comments.

In September, the Kern County Board of Supervisors approved a separate facility at a Bakersfield refinery that could receive two trains a day. EarthJustice sued the board earlier this month, contending that Kern’s environmental review was inadequate.

Environmental groups lost a legal fight in the Bay Area city of Richmond, where a terminal operated by pipeline company Kinder Morgan, the largest midstream – the shipping and storage of oil – energy company, unloads crude oil from trains to trucks that take it to local refineries. A judge rejected the lawsuit in September, ruling that the six-month statute of limitations had expired.

A McClatchy story in March revealed the existence of the McClellan operation to the surprise of local officials. State emergency officials and fire departments have said they don’t feel prepared to handle a major explosion or spill from a derailment.

Some of the crude unloaded at McClellan may have originated in North Dakota’s Bakken region. That type of oil, extracted through hydraulic fracturing, has been under increased scrutiny since a July 2013 derailment killed 47 people in Lac-Megantic, Quebec.

That accident and a series of fiery derailments since then have prompted the rail industry and its federal regulators to take steps to improve track conditions and operating practices. A stronger construction standard for tank cars used to ship flammable liquids is being finalized by the U.S. Department of Transportation.

The California Energy Commission projects that the state could receive as much as a quarter of its petroleum supply by rail in the next two years.

Earlier this month, BNSF Railway and Union Pacific sued California over a state law that requires railroads to develop oil spill prevention and response plans. The railroads argue that only the federal government has the power to regulate them.

Bizjak, of The Sacramento Bee, reported from Sacramento, Calif.

Sacramento Bee: Sacramento crude oil transfers halted; air quality official says permit was granted in error

Repost from The Sacramento Bee

Sacramento crude oil transfers halted; air quality official says permit was granted in error

By Tony Bizjak and Curtis Tate, 10/22/2014
A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands in March.
A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands in March. Randall Benton

A Sacramento fuel distributor has agreed to stop unloading train shipments of crude oil at McClellan Business Park after the county’s top air quality official said his agency mistakenly skirted the state’s environmental rules by issuing a permit for the operation.

InterState Oil Co. said in a letter Wednesday to the Sacramento Metropolitan Air Quality District that as of Nov. 7 it will no longer use McClellan as a transfer station for crude oil shipments to the Bay Area.

The move settles a lawsuit filed in September by EarthJustice, a San Francisco-based environmental group, that contended the Sacramento air quality district should not have granted InterState Oil a permit to transfer crude oil from trains to tanker trucks bound for Bay Area oil refineries without a full environmental impact review.

Air district head Larry Greene now says a full review was, in fact, required by the California Environmental Quality Act.

“We made an error when the permit was developed, and it should have gone to full CEQA review,” Greene said Wednesday. “We have notified (InterState) and the environmental group to that effect. InterState is voluntarily giving that permit back.”

Greene said InterState will continue other transfer operations at its McClellan site, including transfers of ethanol.

It is unclear whether the company will apply for a new permit to load crude oil. Its representatives did not respond to a request for comment.

A lawyer for EarthJustice called this a major victory in the group’s fight against potentially unsafe oil shipments.

“It signals that industry and government may not benefit from a lack of transparency and play dice with lives of people who live along the paths of these dangerous oil trains,” attorney Suma Peesapati said. “This is the first crude transfer project that has been stopped dead in its tracks in California.”

The reversal by the Sacramento air quality district could bolster efforts by environmental groups to slow or stop crude oil projects on rail lines elsewhere, particularly in Washington state. A proposed terminal in Vancouver, Wash., would transfer oil from trains to tanker ships that could supply California refineries.

Patti Goldman, a managing attorney in the Seattle office of EarthJustice, said the decision sounded “a wake-up call” for permitting authorities to consider community input.

“We have been seeing local authorities blindly approve crude-by-rail projects without being open with the public and without considering the full effects,” she said.

The McClellan operation is relatively small compared with the kind of crude oil train terminals now proposed elsewhere in California. One, in southwestern Kern County in the southern Central Valley, will be able to receive one 100-car train full of of crude oil each day; the McClellan facility was permitted to unload a similar amount once every two weeks.

The Kern facility, which could begin operating this month, was already zoned for transfer operations, and required no new environmental reviews or public comments.

In September, the Kern County Board of Supervisors approved a separate facility at a Bakersfield refinery that could receive two trains a day. EarthJustice sued the board earlier this month, contending that Kern’s environmental review was inadequate.

Environmental groups lost a legal fight in the Bay Area city of Richmond, where a terminal operated by pipeline company Kinder Morgan unloads crude oil from trains to trucks that take it to local refineries. A judge rejected the lawsuit in September, ruling that the six-month statute of limitations had expired. That project involves 100-car oil trains that come through midtown Sacramento.

Another proposed oil-train terminal at the Phillips 66 refinery in Santa Maria could mean even more of the cargo passing through Sacramento.

A Sacramento Bee story in March revealed the existence of the McClellan operation to a number of surprised local officials, including the head of the county Office of Emergency Management and the chiefs of the Sacramento city and Metropolitan fire departments. It noted that InterState began handling crude oil last year without obtaining a permit.

Some of the crude unloaded at McClellan may have originated in North Dakota’s Bakken region. That type of oil, extracted through hydraulic fracturing, has been under increased scrutiny since a July 2013 derailment killed 47 people in Lac-Megantic, Quebec.

That accident and a series of fiery derailments since then have prompted the rail industry and its federal regulators to take steps to improve track conditions and operating practices. A stronger construction standard for tank cars used to ship flammable liquids is being finalized by the U.S. Department of Transportation.

The California Energy Commission projects that the state could receive more than 20percent of its petroleum supply by rail in the next two years. State emergency officials and fire departments have said they don’t feel they are prepared to handle a major explosion from a derailment.

Earlier this month, BNSF Railway and Union Pacific sued California over a state law that requires railroads to develop oil spill prevention and response plans. The railroads argue that only the federal government has the power to regulate them.

Union Pacific boosts rail inspections in high-hazard mountain passes

Repost from The Sacramento Bee
[Editor: See video of reporter Tony Bizjak’s ride on the inspection car here.  – RS]

Union Pacific boosts rail inspections in high-hazard mountain passes

By Tony Bizjak, 10/19/2014
Mike Stoddard oversees the operation of Union Pacific Railroad’s EC-4 as it makes its way out of the Roseville yard on Oct. 6 in Roseville. The EC-4 is a 96-ton, 82-foot-long rolling track inspection car which travels 800-1500 miles a week making sure that heavily used railroad tracks are in good working order.
Mike Stoddard oversees the operation of Union Pacific Railroad’s EC-4 as it makes its way out of the Roseville yard on Oct. 6 in Roseville. The EC-4 is a 96-ton, 82-foot-long rolling track inspection car which travels 800-1500 miles a week making sure that heavily used railroad tracks are in good working order. Randy Pench

Faced with public concern about the risks of crude oil shipments, the Union Pacific railroad last month boosted its rail inspection program on mountain passes in California and the West, dispatching high-tech vehicles with lasers to check tracks for imperfections.

UP officials say they have leased two rail inspection vehicles, called geometry cars, doubling the number of computer-based safety cars in use on the company’s tracks. The move comes amid mounting public concern about hazardous-material shipments, including a growing quantity of highly flammable crude oil from North Dakota being shipped to West Coast refineries.

The inspection cars will supplement similar geometry cars UP owns that it uses to inspect hundreds of miles of tracks daily on the company’s main lines west of the Mississippi River. Running at regular train speeds, the inspection vehicles can detect tiny deviations and wear on rail lines that could cause a derailment if allowed to grow, UP officials said.

The new cars will patrol the main mountain routes into the state, UP officials said. Northern California sites will include Donner Pass, the Feather River Canyon and grades outside Dunsmuir. The state has designated all those areas high hazards for derailments.

In Southern California, the inspection vehicles will patrol UP’s looping line over the Tehachapi Mountains, as well as the line on the Cuesta grade in San Luis Obispo County. The trains also will check mountain rails in Washington, Oregon, Utah and Nevada.

“We’re ensuring we keep crude oil trains on the track,” said David Wickersham, UP’s chief maintenance engineer in the West. “We are going to time it so we are hitting California every three months.”

State rail safety chief Paul King of the California Public Utilities Commission applauded the move. “It’s easy to maintain a straight (flat) railroad, but it’s not as easy to maintain a curved rail like you find in the mountains,” King said.

Grady Cothen, a retired Federal Railroad Administration safety official, said the type of high-tech inspections cars UP is using have become a must for major railroad companies. With more freight moving through limited rail corridors, especially mountains, the financial and political implications of a major derailment that causes damage are huge for railroads.