Category Archives: Crude By Rail

ForestEthics: switch to newer rail cars for crude still not safe

Repost from ABC News
[Editor: Significant quote: “Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April Krogh called switching to the newer cars ‘a red herring.’   ¶  ‘It’s a marginal improvement, but it’s nowhere near safe,’ he said. ‘They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.'”  – RS]

Refinery Switching to Newer Rail Cars for Crude

BELLINGHAM, Wash. — Oct 11, 2014

A refinery in northwest Washington state says it will no longer accept any volatile North Dakota crude oil unless it arrives on newer-model tank cars.

By the first week of October, the BP Cherry Point facility had stopped using pre-2011 standard tank cars, known as DOT-111 cars, for the shipments, The Bellingham Herald reported ( http://is.gd/XmHxHN ).

The change comes amid public concern about the safety of shipping crude by train. Since 2008, derailments of oil trains in the U.S. and Canada have seen the older 70,000-gallon tank cars break open and ignite on multiple occasions, resulting in huge fireballs. A train carrying Bakken-formation crude from North Dakota in the older tanks crashed in a Quebec town last year, killing 47 people.

The National Transportation Safety Board, which recommended upgraded regulations for crude oil and ethanol cars in 2011, is working on updating rail safety standards and could require companies to phase out the DOT-111 cars for shipping crude oil during the next couple of years

Cherry Point was already using newer, safer tank cars to receive about 60 percent of its crude oil, but expedited the switch to the newer cars in response to community concerns, BP spokesman Bill Kidd said. The refinery now uses a fleet of about 700 newer cars, called CPC-1232s.

The newer cars have thicker shells, head shields on both ends and improved valve protection.

But Matt Krogh, of the group ForestEthics, which has sued the U.S. Department of Transportation over the shipment of volatile crude oil in older railroad tank cars, told The Associated Press on Saturday that there’s little evidence the newer tank cars will truly prevent explosive spills. He argued that the newer cars are tested at slower speeds than the speed at which most derailments occur, and he noted that it was one of the CPC-1232s that exploded in a fireball during a derailment in Lynchburg, Virginia, in April.

Krogh called switching to the newer cars “a red herring.”

“It’s a marginal improvement, but it’s nowhere near safe,” he said. “They’re essentially grasping at straws to convince people that they can do it safely. I don’t think you can safely and profitably run trains of crude.”

Trains carrying Bakken oil from North Dakota have been supplying Washington refineries at Tacoma, Anacortes and Cherry Point. Oil-train export terminals are proposed at Vancouver and Grays Harbor on the Washington coast.

About 70 percent of the crude-oil rail cars that BNSF Railway currently moves through Washington state are already the newer design, railway spokesman Gus Melonas said.

For two decades, the Cherry Point refinery received crude oil only by pipeline, Kidd said. It later added shipments by sea.

But Alaskan crude oil has turned into the last type the refinery is interested in because of the higher price. Crude oil from mid-continent shale formations has become a cheaper option for the refinery, Kidd said.

“It’s completely turned the industry on its head,” Kidd said. “Without access to crude by rail, this refinery cannot compete.”

Refinery Manager Bob Allendorfer said the facility is always going to be progressive when it comes to safety. “Safety is always first, and you have to get it right,” Allendorfer said.

Washington refinery switching to newer rail cars for crude

Repost from The Bellingham Herald

BP Cherry Point will allow only newer-model train cars at its crude oil terminal

By Samantha Wohlfeil, The Bellingham Herald, October 11, 2014


BP Cherry Point has announced its rail terminal will no longer accept or unload any Bakken region crude oil from pre-2011 standard tank cars.By the first week in October, the facility had stopped using older DOT-111 cars for crude, BP spokesman Bill Kidd said.

After several high-profile derailments in the last year, groups concerned about the safety of oil trains have rallied around a call to have companies trade in all old DOT-111 rail cars, which are used to carry a variety of hazardous and flammable liquids, for higher standard cars, like the CPC-1232.

For decades the DOT-111 cars have been found more likely to puncture or burst. The National Transportation Safety Board, which recommended upgraded regulations for crude oil and ethanol cars in 2011, is working on updating rail safety standards.

The newer cars have thicker shells, head shields on either end of the car and improved valve protection.

BP Cherry Point, which received its first crude shipment from the Bakken region Dec. 26, 2013, was already using CPC-1232 tank cars to receive about 60 percent of its crude oil from that area and had planned to get about 400 more by the end of 2014, Kidd said.

“But we expedited that in order to respond to community concerns,” Kidd said. “We pulled a lot of leverage to get to this point.”

The refinery now uses a fleet of about 700 CPC-1232s.

The NTSB could require companies to phase out the DOT-111 cars for crude oil shipping over the next couple of years.

About 70 percent of the crude oil rail cars that BNSF Railway currently moves through Washington state are already the newer design, said Gus Melonas, BNSF spokesman for the Pacific Northwest.

Transition to crude by rail

For two decades the refinery received crude oil only by pipeline, later adding waterborne tanker service, Kidd said. But Alaskan crude oil has turned into the last type the refinery is interested in, due to price.

Though many people did not see it coming, mid-continent shale formation crude oil has become a cheaper option and an advantage for the refinery, Kidd said.

“It’s completely turned the industry on its head,” Kidd said. “Without access to crude by rail, this refinery cannot compete. … If there was a pipeline there wouldn’t be the big discount. Right now there is no other way to move it.”

The Cherry Point rail terminal is made up of two complete loops that allow the refinery to hold up to two trains of about 120 cars – one full and one empty.

It takes crews from BP contractor Savage Services about 18 to 20 hours to offload a train loaded with crude oil using gravity to drain one quarter of the train at a time, said BP Operations’ Ryan Kennedy, who oversees the rail terminal work. Once crews unload a train, it sits empty while BNSF sends a crew back to the facility to pick it up.

The loop is about as flat as it gets, both for working purposes and safety, Kennedy said. A 0.25 percent grade keeps couplers between the cars tight when the trains are parked, and there is a slight grade at the entrance to/exit from the loop so in the event a train did get loose for whatever reason, it would not leave the refinery.

A variety of safety precautions, like plastic liners built in under the rail loop and bins placed under each hose when the cars are hooked up for draining, are designed to prevent bad situations, Kennedy said.

“There’s a lot of fat built in naturally, a lot of redundancy,” Kennedy said. “We secure the train above and beyond the minimum requirement. We’ve determined the standard for the longest train we could hold and we put on that many brakes for all trains, regardless of length.”

BP’s terminal is permitted to receive an average of one unit train per day. It currently gets about 25 per month, Kennedy said.

Refinery Manager Bob Allendorfer said the facility is always going to be progressive when it comes to safety.

“Safety is always first, and you have to get it right,” Allendorfer said.

California’s central valley: we need to double the tracks for all these trains

Repost from The Turlock Journal

Time to double what’s coming down the tracks

By Dennis Wyatt, October 10, 2014

Get ready for more trains.

Kern County has approved the expansion of two of its three existing or proposed oil terminals that would increase the amount of oil moving by train by 620 percent.

This has the potential to be both a good and a bad thing.

First the good. California due to its location and its need for specialized refineries to meet air quality standards is not benefitting from lower gas prices triggered by America’s shale oil boom While the fracking revolution has reduced the nation’s oil imports from Russia, Saudi Arabia, Iraq and other countries by 30 percent since 2004 for the rest of the United States, California imports have jumped 33 percent during the same time frame.

Oil costs $15 more per barrel from overseas and the North Slope in Alaska than it does from domestic sources in the Lower 48 states.

There is no pipeline that crosses the Rockies into the West to carry crude oil. At the same time, just 1 percent of California’s monthly oil needs — 500,000 barrels — is now moved by rail. Eight planned oil terminals throughout the state could push that amount to 15 million gallons a month or a third of California’s oil use.

It costs $12 a barrel to move oil by train from the Bakken oil fields to California.

That translates into $3 less per barrel. By tapping into North Dakota crude, California drivers could benefit at the pump.

Currently Kern County terminals have the capacity to handle 57 tank cars of oil a day. If all of the proposed expansion is completed, the oil terminals could handle 357 tank cars a day. Each tanker holds an average of 700 barrels of crude oil.

The most direct route from the Bakken oil fields to Kern County is via Donner Pass using the Union Pacific. That would bring significantly more oil tanks cars through Lathrop, Manteca, Ripon, Modesto, Ceres, and Turlock.

Santa Fe serves Kern County from the southeast.

Should all plans go forward in Kern County and Union Pacific moves the crude, it creates the potential for three 100-car oil trains a day.

That would be on top of intermodal train traffic where truck trailers are carried on flat cars that is expected to increase as UP expands their Lathrop terminal.

Up until the surge in shale oil production a strong argument could be made that shipping crude and dangerous chemicals by rail is substantially safer than by truck for miles covered.

But recent crude oil train derailments and explosions have upset that premise. Shale oil crude has turned out to be more volatile than regular crude. There has been a push to retrofit existing tank cars or deploy new ones that are less susceptible to exploding in a train derailment.

An oil train derailment in Quebec last year killed 47 people.

That’s why increased oil movement by rail makes many people nervous for obvious reasons.

That said a lot of potential explosive and toxic materials move daily through the Valley by rail.

And 26 years ago Manteca had a train derailment involving several tankers carrying toxic chemicals in the early morning fog that forced the evacuation of over 2,000 people.

Moving goods whether it is oil or a truckload of potato chips is never without risk.

Union Pacific’s has a fairly impressive safety record and routinely monitors and upgrades their main line through the San Joaquin Valley.

Also, surrounding fire agencies do joint drills in case the unthinkable happens.

Even so local elected officials need to start thinking about a couple of things. Increased train traffic — whether it is oil trains, regular freight trains or intermodal trains — means more waiting at crossings. More waiting usually means more impatient motorists — a primary ingredient for train disasters.

At the same time Altamont Corridor Express is pushing to extend passenger train service to Modesto, Turlock and eventually Merced. The original 2018 timetable now looks a tad ambitious. But sometime in the relatively near future it can happen.

And because of that, Manteca’s elected leaders need to lobby hard to make sure ACE goes with a plan to double tracks between Modesto and Lathrop.

It reduces scheduling conflicts for freight, oil and passenger movements. And it also will somewhat reduce waiting times at crossings. Currently, it isn’t uncommon for twice a day for trains to block the Austin Road and Industrial Park Road crossings for 15 to 20 minutes while waiting for a train to pass.

Given the potential for eight passenger trains a day between Modesto and Lathrop once the ACE extension is up and running and even more when it connects with high speed rail at Merced to ferry passengers between there and Sacramento, double tracking becomes essential.

This is not one of those “we can wait to see what happens” things. The coming of more oil trains is a clear signal Manteca needs to start pursuing those in charge of planning the ACE extension to make sure the route through Manteca is double tracked not just for safety’s sake but also to make taking rail a viable commuting alternative.

Railroads file suit against state of California

Repost from The Sacramento Bee
[Editor’s UPDATE: Download the complaint here.  – RS] 

Railroads say California lacks authority to impose safety rules on oil shipments

By Tony Bizjak and Curtis Tate, Oct. 8, 2014
A crude oil train operated by BNSF snakes its way through James, California, just outside the Feather River Canyon in the foothills of Sacramento Valley, on June 5, 2014.
Virginia emergency responders learn about the different types of railroad tank cars in a safety class at a CSX yard in Richmond, Va., on Oct. 3, 2014. About 66 first responders, including firefighters, participated in the daylong event. CSX has brought its “Safety Train” this year to communities in states where it hauls large volumes of crude oil. (Curtis Tate/McClatchy)

The battle over crude oil trains in California intensified this week, reaching into the legal sphere with potential national repercussions.

The state’s two major railroad companies, Union Pacific and the BNSF Railway, went to federal court Tuesday to argue that neither California nor any other state can legally impose safety requirements on them because the federal government already does that.

The lawsuit came days after California Attorney General Kamala Harris joined other officials in challenging one crude-by-rail project, in the Bay Area city of Benicia. In a letter to Benicia officials, Harris said the city has failed to adequately analyze the potential environmental consequences of Valero Refining Company’s plan to ship two 50-car oil trains daily through Northern California to its Benicia refinery.

Those shipments would run through downtown Sacramento and other Valley cities.

The Valero project and similar plans by other oil companies prompted the state Legislature this summer to pass a law ordering railroad companies to submit an oil spill prevention and response plan to the state, and to provide proof to the state that they have enough money to cover oil-spill damages.

Railroads fired back this week, filing a lawsuit in the U.S. District Court in Sacramento. Their argument: Federal law pre-empts the state from imposing safety restrictions on the railroads.

The suit was filed by the two largest railroads in the Western United States, Union Pacific and BNSF Railway Co. The industry’s leading trade group, the Association of American Railroads, is listed as co-plaintiff.

The fight involves a long-standing friction point between railroads and U.S. states and cities. Railroads contend that local governments cannot place requirements or restrictions on freight travel because federal laws cover that ground.

The railroads have used the federal pre-emption argument to stop states from trying to impose speed limits on trains and ban certain types of shipments. In one notable case, railroads got the courts to overturn a Washington, D.C., law that attempted to ban trains carrying hazardous materials from using tracks within 2 miles of the U.S. Capitol.

“Federal law exempts this entire regime,” the railroads declared in the California lawsuit. Citing “a sweeping set of intricate federal statutes and regulations,” the lawsuit argues that allowing states to impose a “patchwork” of requirements on railroads essentially interferes with interstate commerce.

In a separate email statement Wednesday, BNSF spokeswoman Lena Kent said, “The state gives the industry no choice but to challenge the enforcement of the new law so as to not inhibit the efficiencies and effectiveness of the freight rail industry and the flow of commerce.”

Officials at the state Office of Spill Prevention and Response, the state agency listed as the defendant in the case, declined comment Wednesday, saying the agency does not publicly discuss pending litigation. Harris’ office is listed as a co-defendant.

The U.S. Department of Transportation in July proposed a rule that would require railroads to have oil spill response plans for trains carrying large volumes of crude oil. But that proposal could be months away from becoming law.

National transportation law and safety experts say the onus may be on California to prove that it is not usurping federal law or impeding interstate commerce.

“The state has to prove it is tackling what is a local or statewide issue, that it is not incompatible (with federal law) and doesn’t unreasonably burden interstate commerce,” said Brigham McCown, an attorney and former head of the federal Pipeline and Hazardous Materials Safety Administration. “That is a high bar.”

California might have an opening in a 2007 law Congress passed after the 9/11 Commission issued its recommendations. The 9/11 Act required rail companies to develop security plans and share them with state and local officials. The requirement was not limited to planning for a terrorist attack, but for any rail disaster, including derailments and spills involving hazardous materials.

“Those plans are required to be done and required to be shared,” said Denise Rucker Krepp, the former senior counsel on the House Homeland Security Committee, who wrote the provisions.

The Transportation Security Administration has not enforced the requirement, Krepp said, partly because of its focus on aviation security. But now that the railroads have taken California to court, Krepp said the state could use the 9/11 Act as leverage to get what it tried to get from the railroads through legislation.

“It’s never been tested like this,” Krepp said of the federal law.

It was unclear Wednesday whether the railroads also are challenging the section of the California law that imposes a 6.5-cent fee on oil companies for every barrel of crude that arrives in California on rail, or that is piped to refineries from inside the state. The resulting funds, estimated at $11 million in the first full year, will be allocated for oil spill prevention and preparation work, and for emergency cleanup costs. The efforts will be focused on spills that threaten waterways, and will allow officials to conduct response drills.

Crude-oil rail shipments have risen dramatically in the last few years. Those transports, many carrying an unusually flammable crude from North Dakota, have been involved in several spectacular explosions, including one that killed 47 residents of a Canadian town last year. Federal officials and cities along rail lines have been pushing for safety improvements. California officials have joined those efforts, saying they are concerned by estimates that six or more 100-car oil trains will soon be rolling through the state daily on the way to coastal refineries.

Harris, the state’s top law enforcement official, sent a letter to Benicia city planners challenging that city’s conclusion in an environmental impact report that the Valero rail shipment plan poses an insignificant threat of derailment. The report, she writes, “underestimates the probability of an accidental release from the project by considering only a fraction of the rail miles traveled when calculating the risk of a derailment.”

“These issues must be addressed and corrected before the City Council of Benicia takes action” on the project, Harris wrote.

Harris’ letter repeats earlier criticism leveled by the state Office of Spill Prevention and Response and state Public Utilities Commission.

The letter is one of hundreds Benicia has received in the past few months in response to the city’s initial environmental study. Benicia interim Community Development Director Dan Marks said the city and its consultants would review the comments and prepare responses to all of them, then bring those responses to the city Planning Commission for discussion at an as-yet undetermined date.

Under the Valero proposal, trains would carry about 1.4 million gallons of crude oil daily to the Benicia refinery from U.S. and possibly Canadian oil fields, where it would be turned into gasoline and diesel fuel. Valero officials have said they hope to win approval from the city of Benicia to build a crude-oil transfer station at the refinery by early next year, allowing them to replace more costly marine oil shipments with cheaper oil.

A representative for the attorney general declined comment when asked if Harris would consider suing Benicia to force more study of the project.

“We believe the letter speaks for itself,” spokesman Nicholas Pacilio said. “We expect it will be taken seriously.