Category Archives: Crude By Rail

Crude-by-rail: One federal inspector oversees all California’s railroad bridges, no state oversight

Repost from The Contra Costa Times
[Editor:  The issue of bridge safety is important here in Benicia for two reasons.  Locally, we understand that Valero’s proposed oil trains would roll PAST the refinery in order to back into the offloading racks, thus coming to a stop near enough to the Benicia-Martinez bridge that, in the event of an explosion, the bridge itself could be severely impacted if not destroyed.  Beyond Benicia, our little City’s decision would impact rail lines all the way from Alberta and North Dakota, including bridges of questionable security all along the way.  – RS]

Crude-by-rail: One federal inspector oversees all California’s railroad bridges, no state oversight

By Matthias Gafni, 09/12/2014
View of the underside of the Benicia-Martinez Railroad Drawbridge in Benicia, Calif., on Friday, Aug. 15, 2014. (Jose Carlos Fajardo/Bay Area News Group)
View of the underside of the Benicia-Martinez Railroad Drawbridge in Benicia, Calif., on Friday, Aug. 15, 2014. (Jose Carlos Fajardo/Bay Area News Group)

As concerns grow over aging rail infrastructure, earthquake readiness and a dramatic increase in crude oil shipments by train, state railroad regulators are scrambling to hire their first-ever railroad bridge inspectors — two of them.

Once they are hired, the California Public Utilities Commission plans to create a state railroad bridge inventory to determine which are most at risk. That’s right — neither the state nor federal government has a list of railroad bridges for California or the rest of the country. Until that happens, the safety of California’s thousands of railroad bridges — key conduits that carry people and hazardous materials over environmentally sensitive ecosystems and near urban areas — is left up to rail line owners and a single federal inspector who splits his time among 11 states.

An Amtrak train crosses the Benicia-Martinez Railroad Drawbridge in Benicia, Calif., on Friday, Aug. 15, 2014. (Jose Carlos Fajardo/Bay Area News Group)
An Amtrak train crosses the Benicia-Martinez Railroad Drawbridge in Benicia, Calif., on Friday, Aug. 15, 2014. (Jose Carlos Fajardo/Bay Area News Group)

“Two more inspectors is better than none, but it’s really a Band-Aid,” said Suma Peesapati, attorney with Earthjustice, an environmental group fighting the oil rail influx. “I think there should be no crude by rail over those bridges until there’s a comprehensive look at all of them.”

No California rail bridges have failed in recent memory, but the 6.0 earthquake that rattled the Napa area on Aug. 24 provided a reminder that California must monitor its aging rail infrastructure.

Following the quake, the Federal Railroad Administration worked with Caltrans to contact railroads within a 100-mile radius and ensure bridges and tracks were inspected for damage before resuming normal operations. The Napa Valley Wine Train, which was closed for two days after the quake, had its own private inspector go over the tracks and numerous bridges, including one traversing Highway 29. The inspector gave the green light to continue running Aug. 26.

Caltrans employs 120 inspectors and 80 specialty personnel to inspect the state’s public automobile highway bridges to ensure the integrity of the elevated structures, in comparison to the one federal inspector for all of California’s rail bridges, most of which are privately owned.

Those railroad bridges are inspected, maintained and regulated by company personnel, but watchdogs say that’s far from adequate.

In its annual Railroad Safety Activity Report to the state Legislature in November, the CPUC identified the state’s railroad bridges as a “potential significant rail safety risk.”

“There are many unknown questions regarding bridge integrity that need to be answered to ensure public safety,” the report found.

The Benicia-Martinez Rail Drawbridge, built in 1930 and tucked between the automobile spans, carries hazardous material shipments across the Carquinez Strait to East Bay refineries, along with 30 Amtrak Capitol Corridor passenger trains each weekday. The bridge is owned by Union Pacific and is safe, the company’s spokesman said.

“We regularly inspect all of our bridges in California,” said Union Pacific’s Aaron Hunt. “We perform necessary maintenance required to assure the safe use of our bridges. Bridges and culverts are a critical part of our 32,000-mile network.”

Union Pacific has spent more than $42 billion on infrastructure, Hunt said, not specifying what portion of that was devoted to bridges, including $4.1 billion scheduled for this year. “These are private investments, not taxpayer dollars,” he said.

However, the state report found many bridges are owned by smaller short-line railroads that “may not be willing or able to acquire the amount of capital needed to repair or replace degrading bridges.”

Crude by rail

Concern has grown about bridge safety and rail safety in general with the increase of crude oil shipments by rail. They’ve jumped 158 percent in California from just September to December 2013, according to the state energy commission.

This year, the CPUC created the Crude Oil Reconnaissance Team to monitor the oil-by-train boom to ensure federal and state safety laws are followed.

In June, federal rail chief Joseph Szabo spoke to an Indiana newspaper about the crude-by-rail boom: “The movement of this product is a game changer. We have to rethink everything we’ve done and known in the past about safety.”

In response to the increase and some deadly accidents, including a derailment last summer in Quebec, Canada, that killed 47 people, the U.S. Department of Transportation proposed tank car safety upgrades.

As of now, about 100 rail cars of crude roll through populated areas of the East Bay each week along the BNSF line from Stockton to Kinder Morgan’s rail depot in Richmond. The route traverses the 1,690-foot-long, 80-foot-high Muir Trestle, above Alhambra Avenue in Martinez. The trestle was constructed in 1899 and rebuilt 30 years later. Those rail cars rumble through Antioch, Pittsburg, Bay Point, Martinez, and Hercules, said Contra Costa Hazardous Materials chief Randy Sawyer.

Aging

Based on total track miles and federal estimates of a bridge occurring every 1.25 miles of track, the CPUC estimates there are about 5,000 California railroad bridges.

Most are old steel and timber structures built more than 100 years ago, and “actual railroad bridge plans or records are either absent or unreliable,” the CPUC report found.

“It’s part of the infrastructure that’s dilapidated, not only in California, but across the country,” Peesapati said. “Bridges are really an example of the problem.”

American Society of Civil Engineers past President Andy Herrmann, a bridge consultant, said companies balk at releasing bridge data for competitive reasons, but he believes bridges are maintained safely.

“There’s a very strong profit motive to keep the bridges open,” Herrmann said. “Detours will cost them a fortune.”

However, the 2007 Government Accountability Office report also found that “Because bridge and tunnel work is costly, railroads typically make other investments to improve mobility first.”

Are they safe?

In 1991, a freight train traversing steep switchbacks in Dunsmuir, Siskiyou County, derailed, sending rail cars tumbling off a bridge and resulting in 19,000 gallons of metam sodium, a concentrated herbicide, leaking into the upper Sacramento River. The accident killed all vegetation, fish and other aquatic animals 45 miles downstream, rendering some invertebrate species extinct. Several hundred people exposed to the contaminated water required medical treatment in what’s still considered the worst inland ecological disaster in the state.

Although the accident was not caused by bridge failure, it led the railroad to build a derailment barrier on the Cantara Loop bridge to prevent it happening again. And the Federal Railroad Administration expressed concern about the condition of bridges generally in a wide-ranging review after the crash.

“The review was prompted by the agency’s perception that the bridge population was aging, traffic density and loads were increasing on many routes, and the consequences of a bridge failure could be catastrophic,” according to a report published in 1991, the same year as the crash.

From 1982 to 2008, records show there were 58 train accidents nationwide caused by the structural failure of a railroad bridge, causing nine injuries and about $26.5 million in damages.

State hires

As of July 2010, new federal rules require rail companies prepare bridge management programs — including annual inspections, maintenance inventories and more — that are made available to federal inspectors when asked. The Federal Railroad Administration can levy fines up to $100,000 for failure to comply.

Federal inspectors audit railroad bridge inspections done by the companies and personally perform observations of 225 to 250 bridges each year. Based on those CPUC calculations, it would take the California inspector 20 years to visit and observe all of the state’s estimated 5,000 bridges, if that was all he had to do. But in reality, it would take much longer because California’s inspector splits his time among 11 states, leaving the CPUC to conclude in its 2013 report that the feds “cannot provide adequate oversight.”

That shortfall prompted state regulators to hire their own bridge inspectors, and they have already designed a bridge evaluation form and experimented with performing inspections.

“Railroad bridges carry thousands of cars of hazardous materials and thousands of passengers daily,” said CPUC spokesman Christopher Chow. “The Federal Railroad Administration (FRA) has new, general bridge regulations … but employs only five inspectors for the entire U.S. The CPUC’s bridge inspectors will be able to augment the FRA’s efforts.”

Groups sue over oil shipments in older rail cars

Repost from The Bismarck Tribune, Bismarck, ND

Groups sue over oil shipments in older rail cars

September 11, 2014

SEATTLE (AP) — Environmental groups sued the U.S. Department of Transportation on Thursday over the shipment of volatile crude oil in older railroad tank cars.

Accident investigators have complained for decades that the cars are too easily punctured or ruptured when derailed, leading to spills.

The lawsuit filed by the Sierra Club and ForestEthics says the agency failed to respond to a legal petition the groups filed in July. That petition sought an emergency order to prohibit crude oil from the Bakken region of North Dakota and Montana and elsewhere from being carried in older tank cars, known as DOT-111s.

A spokesman with the Department of Transportation, Kevin Thompson, declined to comment, citing the pending litigation.

Since 2008, there have been 10 significant derailments in the U.S. and Canada in which crude oil has spilled from ruptured tank cars. The worst was a runaway oil train that exploded in the Quebec town of Lac-Megantic a year ago, killing 47 people.

The federal government in late July proposed rules that would phase out tens of thousands of older tank cars that carry crude oil and other highly flammable liquids.

But that process could take several years, and in the meantime, shipments of crude oil in older rail cars are putting small towns and major cities along the rail lines at risk, the groups said.

“That’s just far too long given the risks,” said Patti Goldman, a lawyer with Earthjustice, which is representing the groups.

The groups had asked the 9th U.S. Circuit Court of Appeals to order the agency to respond to its July petition within 30 days.

Vancouver City Council passes oil moratorium

Repost from The Columbian

Vancouver City Council passes oil moratorium

Unanimous vote approves emergency six-month measure
By Stephanie Rice, September 11, 2014
An oil train passes through Vancouver. The Vancouver City Council on Thursday unanimously passed an emergency six-month moratorium on new or expanded facilities that would accept crude oil. The moratorium won’t affect the oil transfer terminal proposed by Tesoro Corp. and Savage Companies that’s currently under review by the state. (Steven Lane/The Columbian)

The Vancouver City Council on Thursday unanimously passed an emergency six-month moratorium on new or expanded facilities that would accept crude oil.

The moratorium won’t affect the oil transfer terminal proposed by Tesoro Corp. and Savage Companies that’s currently under review by the state.

While the six-month moratorium was straightforward — a public hearing will be Oct. 20, and it will expire March 10, 2015, unless extended by the council — a last-minute filing muddied the issue.

The special council meeting was announced Wednesday in accordance with a state law requiring 24-hour public notice. It was meant to head off plans by NuStar Energy L.P. of San Antonio to apply to start storing crude oil at its two bulk tank terminals in Vancouver, one at the port and one at 5420 Fruit Valley Road.

At 3:30 p.m. Wednesday, a preliminary application was filed by NuStar with the city, said Brent Boger, an assistant city attorney.

Boger said he doesn’t know whether a pre-application qualifies the project as vested, and therefore exempt from the moratorium.

A pre-application signals interest to do a project in the city. During a pre-application conference, the applicant learns what the city would require before permits would be issued so the applicant can decide whether to go forward with an application.

Without a moratorium, NuStar would be allowed to store crude oil under current city zoning, Boger said.

Jon Wagner, a senior planner, told the council he hadn’t had enough time to thoroughly review the thick packet submitted by NuStar.

NuStar has handled jet fuel, antifreeze, diesel, methanol and other products at its Vancouver terminals, but not crude oil. In April, NuStar submitted an application for an air quality permit with the Southwest Clean Air Agency to convert a tank at each of its locations to handle crude oil.

The terminals would receive oil by rail, and then ship it out by barge.

NuStar spokesman Chris Cho said Thursday the potential crude-by-rail project at the Vancouver terminal is in the early stages of development, but a pre-application was submitted for a building permit to start the lengthy permitting process.

“If we receive regulatory approvals to build the facility, we anticipate it would handle an average of 22,000 barrels per day — approximately one-third the capacity of one unit train per day,” Cho said. “This project would provide revenue to the port, create jobs, bring more low-cost crude to the region, and further support U.S. energy independence. It would also be a state-of-the-art facility that would be operated safely, in accordance with NuStar’s very high safety standards,” Cho said.

Cho emphasized that NuStar operates rail facilities at many terminals and invests in safety equipment, technology and specialized training for employees and ensures trains comply with all regulatory safety standards.

Aside from the NuStar questions, the council focused on wanting the six months to discuss how crude petroleum facilities should be regulated. The proposed moratorium referenced Bakken crude oil, but Councilor Anne McEnerny-Ogle suggested the moratorium cover all crude oil facilities and other councilors agreed.

The only councilor who objected to the moratorium was Bill Turlay, but he changed his mind and voted with his six peers.

Initially, Turlay, speaking to the audience that filled the council chambers, said he remembers when many of them showed up to protest coal trains.

Now it’s oil trains, he said.

Critics of the Tesoro-Savage facility cite many concerns, including potential oil spills, the volatility of North Dakota Bakken crude and global climate change.

Turlay, who believes that carbon dioxide has only a negligible effect on climate change, said instead of rushing to a moratorium he wants a public debate about causes of climate change. His comments prompted laughter and groans from the audience.

Turlay said he does have concern about safety, but trusts the rigorous review by the Washington State Energy Facility Site Evaluation Council weeds out any dangerous proposals.

Councilor Jack Burkman pointed out to Turlay that smaller projects need city, not state, approval. Those smaller projects don’t have to be reviewed by the state evaluation council, and that’s the point of enacting a moratorium.

Councilor Alishia Topper told Turlay the council was doing what he said he wanted, which was to slow down and carefully weigh the pros and cons of additional regulations.

When it came time for roll call, Turlay said he changed his mind and voted “yes.”

In June, the City Council voted to formally intervene in the EFSEC process, a legal maneuver giving the city the right to present evidence and appeal.

The council also approved a broad policy statement opposing any proposal that would result in an increase of Bakken crude oil being hauled through Clark County.

Tesoro-Savage wants to build an oil-by-rail terminal that would receive an average of 360,000 barrels of crude per day at the port.

Eventually, the evaluation council will make a recommendation to Gov. Jay Inslee, who will approve or deny the project.

While the city’s moratorium won’t stop the Tesoro-Savage project, Vancouver resident Jim Luce, a former chairman of EFSEC who opposes the oil terminal, said it could influence Inslee.

“It sends a signal to the state — and the governor — that the Vancouver City Council is not enthusiastic about siting oil terminals in its backyard,” Luce said Thursday.

Erin Middlewood contributed to this article.

New Jersey town council presses for moratorium on use of older tank cars

Repost from NORTHJERSEY.COM
[Editor: Significant quote by Teaneck Town Councilman Mark Schwarz: “‘If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress’ to act, ‘then we’re going to die of old age.'”  – RS]

Teaneck Council presses for moratorium on use of older tank cars on oil trains through town

SEPTEMBER 11, 2014, BY AARON MORRISON

TEANECK — Local officials are pushing for a moratorium on the use of old tankers to carry millions of gallons of highly explosive materials on rail tracks through town.

Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns.
Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns. | CHRIS PEDOTA/STAFF PHOTOGRAPHER

Residents and members of the Township Council have expressed concern about the safety risks posed by crude oil traveling in substandard railcars that federal regulators have cautioned against.

The Record has reported that at least 7 million gallons per day of highly combustible Bakken crude oil comes through 11 Bergen County towns — Northvale, Norwood, Harrington Park, Closter, Haworth, Dumont, Bergenfield, Teaneck, Bogota, Ridgefield Park and Ridgefield – on the CSX River Line.

Concerns over the crude on the railways have mounted in recent months after a series of fiery accidents and derailments in North Dakota, Alabama and Virginia. Last summer, 47 people were killed when a train carrying Bakken crude derailed in a small Quebec town.

The Teaneck Council passed a resolution Tuesday night calling for the temporary ban until federal regulators have deemed the tankers adequate. Though ceremonial, the council hopes neighboring North Jersey communities will join in amplifying the message.

“The transportation of this material in such close proximity to homes, businesses and our water supply, raises serious public safety concerns and requires that we take immediate action to eliminate this hazard,” the resolution states.

Mayor Lizette Parker on Tuesday night said the township should hold federal lawmakers accountable, while other members of the council asked for development of a township emergency response plan, in the event of a derailment.

“This is a safety issue that needs to be important to them,” Parker said. “We do have the power of influence. And I don’t mean the seven of us” on the council. “I mean the 39,000 of us.”

Councilman Jason Castle urged his colleagues to consider an emergency management plan he said he circulated “two sessions ago.”

“My daughter just started school at the Rodda Center — she’s at the preschool there and the tracks run right by the Rodda Center,” he said.

Councilmen Henry Pruitt and Mark Schwartz said the township should find other strategies that don’t rely on action from officials in Trenton and Washington.

“If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress” to act, “then we’re going to die of old age,” Schwartz said.

Enlisting other towns

While New Jersey officials declined to reveal the number of trains that travel on the rail line, citing security risks, documents provided by New York State officials showed between 15 and 30 oil trains are entering Bergen County from Rockland County each week. The trains also travel through Hudson, Essex, Union, Middlesex, Somerset and Mercer counties, according to a map on CSX’s website.

Rail executives this year agreed to more track inspections and a reduction in train speeds in highly populated areas, but they haven’t been swapping out their fleet of old tanker cars. Even though the National Transportation Safety Board has called the tankers inadequate for transporting such flammable materials, federal officials are only recommending that railway companies stop shipping crude in the old cars.

Two weeks ago, the Teaneck Council asked Township Manager William Broughton to send letters to the other Bergen County municipalities along the CSX line. Broughton told the council he had not received any responses as of Tuesday.

The manager also said the township is already working with CSX “on this issue of preparedness and response.” This week, CSX paid for one of the township’s deputy fire chiefs to attend safety training in Pueblo, Colo. The course deals specifically with fires from crude oil, Broughton said.

Residents at Tuesday’s meeting praised the council’s attention to the issue. Some even vowed to take drastic measures to stop the trains from coming past their homes and businesses and force federal reforms.

“I will personally sit on those tracks, and anyone else who wants to can join me,” said Paula Rogovin, who organized a protest at one of the railway bridges in town.