Category Archives: Crude By Rail

California oil train bill heads to governor

Repost from The Sacramento Bee

Dickinson oil train bill heads to governor

By Tony Bizjak, Sep. 2, 2014
Special to The Bee by Jake Miill
A BNSF train carrying 98 tankers of crude oil passes through midtown Sacramento at 4 p.m. Monday en route from the North Dakota Bakken oil fields to a refinery in Richmond. | Jake Miille / Special to The Sacramento Bee

A bill by Sacramento Assemblyman Roger Dickinson requiring more disclosure about crude oil rail shipments has passed the Legislature and has been sent to the governor for his consideration. The bill is the last of several steps taken by the Legislature this summer to deal with safety concerns about the growing phenomena of 100-car oil trains rolling through Sacramento and other California cities on their way to coastal and Central Valley refineries.

The bill, AB 380, orders railroad companies to provide state and local emergency officials with information about oil and hazardous materials that may be shipped through their jurisdictions. It also also requires carriers, when shipping volatile Bakken crude oil, to provide the state with information about the volume of oil and timing of the shipment beforehand. The law also directs carriers to furnish the state with copies of the carrier’s hazardous material emergency response plan.

“The risk of catastrophic injury to life and property by rail accident has grown dramatically,” said Dickinson. “State and local emergency response agencies face new challenges when dealing with this amount of hyper-flammable or heavy crude oil. In order to prepare our emergency response agencies and protect our communities, it is essential that emergency response agencies have the information they need about the crude oil cargo in order to minimize any damage from an accident.”

A series of derailments and explosions has thrown a spotlight on the increasing numbers of crude oil train shipments in the United States. State energy officials say at this point only small amounts of California’s crude oil is arriving via trains from North Dakota and other areas of North America, but the amount is growing. Oil companies are building the capacity to accept as much as 23 percent of the state’s oil needs via train in 2016.

Reacting to statewide concerns, the Legislature and governor passed two budget bills in June to bolster state spill prevention and response efforts. One bill funded seven new rail and rail bridge inspectors for the state Public Utilities Commission. A second budget bill applied a fee to oil companies’ rail shipments to fund a state Office of Spill Prevention and Response program protecting inland waterways.

A last-minute bill, SB 1319, sought to impose a second fee on rail transports to support emergency hazardous materials response training. It died after oil industry officials complained the legislation duplicates other state and federal safety efforts, and that there was not adequate time to discuss and vet the bill.

Currently, only one rail company, BNSF, is transporting more than 1 million gallons of Bakken crude oil per train into California. According to reports the railroad is required to file with state emergency officials, a train carrying Bakken travels through Redding, Sacramento and Stockton on its way to a transfer station in the Bay Area several times a month, perhaps as often as weekly. The train uses the tracks that run through midtown Sacramento between 19th and 20th streets. BNSF has declined to offer more details about those shipments.

Oil train regulation passes in California Assembly

Repost from Reuters
[Editor: The bill is AB380.  For text, analysis and votes on the bill, see leginfo.ca.gov.  – RS]

Oil train regulation passes in California

By Jennifer Chaussee, Aug 29, 2014

(Reuters) – California lawmakers on Friday passed legislation requiring railroad companies to tell emergency officials when crude oil trains will chug through the state.

The bill would require railroads to notify the state’s Office of Emergency Services when trains carrying crude oil from Canada and North Dakota are headed to refineries in the most populous U.S. state.

It passed its final vote in the Assembly 61-1, with strong bipartisan support within the state legislature in Sacramento. The bill now goes to Democratic Governor Jerry Brown for his signature.

“We have a spotlight on this issue because of the seriousness of the risk to public safety that it presents,” said the bill’s author, Democratic Assemblyman Roger Dickinson, whose district encompasses parts of Sacramento along the trains’ route.

The legislation follows a disastrous oil train derailment in Canada that killed 47 people and spilled 1.6 million gallons of crude last year.

Worried that a similar spill could happen in California, firefighters and other safety officials have urged state lawmakers to increase safety regulations on oil trains and improve communication between railroads and first responders about when oil shipments are coming through.

President Barack Obama proposed new safety requirements last month that could lower speed limits for trains carrying oil and increase safety standards for oil tank cars.

The volume of oil shipped by train through California has increased dramatically in recent years, public safety experts told a legislative committee at a hearing in June.

The influx has been propelled by increased production in Western Canada and North Dakota without an accompanying boost in pipeline capacity.

Oil and rail industry representatives told lawmakers that they had already done much to improve safety. BNSF Railway lobbyist Juan Acosta testified that the company had agreed to slow its oil trains to 40 mph and increase inspections of its tracks.

Railroads are not currently required to proactively share their oil train schedules with first responders.

(additional reporting by Aaron Mendelson in Sacramento; Editing by Sharon Bernstein and Simon Cameron-Moore)

Vallejo Times-Herald: Sacramento area leaders urge more study of Valero rail plan

Repost from The Vallejo Times-Herald
[Editor: Front page above-the-fold headline in the Vallejo Times-Herald on Friday, 8/29/14.  The Times-Herald is one of two local print newspapers covering Benicia news.  – RS]

Sacramento area leaders urge more study of Valero rail plan

Council of governments faults Benicia’s review as inadequate
By Tony Burchyns, 08/28/2014

Sacramento area leaders this week mailed a letter to Benicia urging more study of safety concerns stemming from Valero’s crude-by-rail plan.

The Sacramento Area Council of Governments, representing 22 cities and six counties, drafted the letter in response to the Valero refinery’s plan to run daily crude oil trains from Roseville to Benicia.

“We urge the City of Benicia to substantially revise the (draft environmental impact report) for this project so that it will fully inform the public and the City Council of the full impacts of this project,” the letter states.

Benicia’s review of the project found no significant safety risks. But the regional council claims the city failed to address fire and explosion risks to communities along the Placer County to Yolo County rail line.

A Benicia study found the risk of major oil train spills between Roseville and Benicia would be minimal, but critics say it relied on data predating the nation’s crude-by-rail boom.

The council, which approved sending the letter last week, has raised concerns in recent months about whether local first-responders would be notified in advance of crude oil shipments through their jurisdictions. It has also called for limitations on storing tank cars in urbanized areas.

The letter does not take a position on whether Valero’s proposed project should proceed.

Valero and Union Pacific officials have argued that the safety concerns fall beyond the purview of local government because rail transportation is federally regulated.

Valero is proposing daily shipments of up to 70,000 barrels of crude to its Benicia refinery. The tank cars would originate at unspecified North American sites and be shipped to the Union Pacific Railroad’s Roseville yard, where they would be assembled into two daily 50-car trains to Benicia.

Benicia has extended the public comment period on the project’s draft environmental impact report to Sept. 15.

Other agencies that have voiced concerns in comment letters include Caltrans, Yolo County and the Yolo-Solano Air Quality Management District.

Examiner Op Ed: Our fight to stop the bomb trains traveling through our backyards

Repost from The San Francisco Examiner

Our fight to stop the bomb trains traveling through our backyards

By Suma Peesapati, August 28, 2014
Casselton, N.D.
Bruce Crummy/2013 AP file photo | An oil train derailed on Dec. 30 in Casselton, N.D. It was one of a handful of recent incidents of rail cars carrying crude oil exploding and going up in flames.

“This issue needs to be acted on very quickly. There is a very high risk here that hasn’t been addressed. We don’t need a higher body count before they move forward.”

It was a mark-my-words moment from National Transportation Safety Board Chairwoman Deborah Hersman at her farewell appearance before stepping down from the position in April.

She was speaking about the explosive growth of the use of unsafe tanker cars to haul crude oil extracted from the Bakken reserve in North Dakota and Montana to refineries across our nation. When involved in derailments, many of these cars carrying the highly volatile fossil fuel are vulnerable to puncture and explosion upon impact. They were the cars that were involved in explosions in Aliceville, Alaska, in November, Casselton, N.D., a month later and, of course, last summer’s horrific reckoning in Lac Megantic, Quebec.

Not two weeks after Hersman made her remarks, a train carrying Bakken crude derailed in Lynchburg, Va., igniting a roaring blaze and prompting the evacuation of the entire downtown. The tankers involved, however, weren’t the cars that the former chairwoman was warning about. They were a tougher, supposedly safer car tank car that the rail and oil industry is slowly moving toward adopting. It begs the question, though, are these newer cars going to be safe enough?

This question recently hit home when a local news station exposed a clandestine crude by rail-loading operation in Richmond, here in the Bay Area, that had been flying under the radar for months. After making a backroom deal with the local air district, Kinder Morgan secured approval to introduce this highly explosive fracked crude through urban Bay Area neighborhoods without any public notice or environmental review.

Within two weeks after the story broke, Earthjustice sued the air district and Kinder Morgan, demanding a full public airing of the project’s risks to public health and safety. A hearing on the merits of this case is scheduled for Sept. 5 in San Francisco Superior Court. While we await our day in court, Kinder Morgan is unloading its crude just a half-mile from Washington Elementary School, in a low-income community of color that the air district recognizes as already overburdened by the very same carcinogenic toxic air contaminants released by handling Bakken crude.

Piling on to this environmental injustice, this crude is being loaded onto tanker trucks that are not certified by California. Those trucks then travel on Bay Area roadways until this dangerous commodity reaches its ultimate destination — the Tesoro refinery in Martinez.

Tesoro Martinez is also accepting Bakken crude from similar rail-to-truck crude transfer operations in Sacramento, thereby compounding the risk of accident. With some of the most treacherous mountain passes in the country, and a dilapidated railway system that was never designed or upgraded to transport such dangerous cargo, these trains are ticking time bombs.

The anemic response from state and federal regulators has been disappointing. Fortunately, our state and federal environmental laws gives private citizens a voice demand more than “business as usual.”

Suma Peesapati is an attorney for San Francisco-based Earthjustice.