Category Archives: Earthjustice

KQED covers rail and oil industry “show and tell” in Sacramento

Repost from KQED Science, NPR

Railroads, Big Oil Move to Ease Fears Over Crude Shipments

By Daniel Potter, KQED Science | February 24, 2015
This CPC-1232 tank car represents an upgrade over an older models criticized for being easily punctured, but critics say there's still much to be desired. (Daniel Potter/KQED)
This CPC-1232 tank car represents an upgrade over an older models criticized for being easily punctured, but critics say there’s still much to be desired. (Daniel Potter/KQED)

Facing growing apprehension among Californians, railroads and oil companies are trying to allay fears over the dangers of hauling crude oil into the state.

Tensions have been heightened by a spate of derailments, as well as a recently unearthed government report with some sobering projections for the potential cost to life and property from such incidents in coming years. Federal regulators are weighing stricter rules governing everything from modernized braking systems to new speed limits.

In a rare move Tuesday in Sacramento, officials with California’s two major railroads, Union Pacific and BNSF, held a media briefing explaining safety measures ranging from computerized stability controls to special foam for choking out fires.

At the California State Railroad Museum, Pat Brady, a hazardous materials manager for BNSF, showed off a newer model tank car with half-inch thick “head shields” – metal plates extending halfway up on either end.  The car was also equipped with “skid protection,” Brady said, pointing to a nozzle underneath that’s designed to break away in a derailment, leaving the valve itself intact, to avert spills.

This tank car, the CPC-1232, is supposed to be safer and harder to puncture than the older DOT-111 version, but it’s facing skepticism after several exploded last week when a train hauling North Dakota crude through West Virginia derailed.

Using a simulator, Union Pacific's William Boyd demonstrates technology making sure train operators don't go too fast or end up on the wrong track. (Daniel Potter/KQED)

Industry officials at the Sacramento briefing were reluctant to comment about that incident, saying not all the facts are in yet, but several emphasized the importance of keeping trains from derailing to begin with, and claiming that more than 99.99 percent of such shipments arrive safely.

Both BNSF and Union Pacific said tracks used to haul crude through California undergo daily visual inspections, said Union Pacific spokesman Aaron Hunt, as well as a battery of high-tech tests.

“We’re using lasers to measure track gauge and track profile to keep trains on tracks,” he said, and also “pushing ultrasonic waves into our rail to detect potential cracks early.”

Hunt says in a typical month, Union Pacific brings in 1,000 to 1,200 cars loaded with oil, a tiny fraction of the company’s in-state freight. BNSF said its oil haul is even less: about two trains a month. But some predict such shipments could soar in the near future.

Also represented at the briefing was Valero Energy, which is hoping to start bringing two fifty-car oil trains a day to its refinery in Benicia.

“Valero as a company has acquired over five thousand rail cars,” said Chris Howe, a health and safety manager at Valero’s Benicia facility. “We’re able to get a number of them committed to our project, so we will likely be using Valero cars of these newer designs.”

The industry’s shift away from the DOT-111 model is “a useful step,” says Patti Goldman, managing attorney with Earthjustice, who adds that the newer cars are still “not nearly safe enough.”

“What you need to do to prevent catastrophes when trains do leave the tracks is have far better tank cars to be able to prevent the leaks and explosions in the first place,” says Goldman.

Earthjustice is in a legal fight pushing for stronger oversight and regulation. Goldman charges that it’s taking a long time to fully phase out older models because the industry is more focused on growing fleets rapidly.

“That’s just inexcusable,” she says. “We don’t think they’re allowed to do that. We think they need to get these hazardous tank cars off the rails before they start increasing the amount of crude oil that’s going to be shipped on the rails.”

 

U.S. Sued Over Refusal to Ban Older Rail Cars for Crude

Repost from Bloomberg News
[Editor: See also the Earthjustice press release, “Groups Bring New Legal Action for Federal Ban of Dangerous Oil Tank Rail Cars”.  Here is the December 2 Petition.   Here is the original July 15 Petition.  – RS]

U.S. Sued Over Refusal to Ban Older Rail Cars for Crude

By Andrew Zajac, Dec 2, 2014
Crude by Rail California
A train with DOT-111 tanker cars. Chris Jordan-Bloch / Earthjustice

Earthjustice and other environmental groups asked a federal court to force the U.S. Transportation Department to reconsider its rejection of an immediate ban on the use of rail tank cars lacking updated safety features for shipping Bakken crude oil.

The tank cars’ safety was questioned after a July 2013 explosion that killed 47 people when an unattended, runaway train hauling 72 carloads of Bakken crude derailed in Lac-Megantic, Quebec.

The transportation department is managing tank car safety issues through a series of directives, short of a ban, and rules are being drafted to phase out the older rolling stock, the agency said in November, declining the groups’ request for an emergency ban.

That response fails to consider the risks posed by the cars, including “past findings that the surge in crude-by-rail shipments of Bakken crude in dangerous tank cars poses imminent hazards and emergency unsafe conditions,” according to the complaint, filed today in federal appeals court in San Francisco.

The rail vessels in question are older models, collectively referred to as DOT-111 tank cars, that lack safeguards needed to improve crashworthiness, according the environmentalists’ original request for a ban, filed in July.

Oil from the Bakken shale region of North Dakota tends to be more volatile and flammable than other crude, according to a Transportation Department study released in July.

Production of Bakken crude is soaring beyond the capacity of pipelines, leading to an increased use of trains.

The Sierra Club and ForestEthics joined Earthjustice in the lawsuit.

The case is Sierra Club v. U.S. Department of Transportation, 14-73682, U.S. Court of Appeals for the Ninth Circuit, (San Francisco).

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.

Central Valley Business Times: Oil company abandons plans to handle Bakken crude in Sacramento

Repost from Central Valley Business Times

Oil company abandons plans to handle Bakken crude in Sacramento

SACRAMENTO, October 22, 2014

•  Cites lawsuit filed by environmentalists
•  “This is a victory for the health and safety of the people of Sacramento”

InterState Oil Company says it is surrendering its air pollution permit that lets it transfer highly volatile Bakken crude oil from railcars to trucks at its transloading facility located at 4545 Dudley Boulevard in the McClellan industrial park in Sacramento.

The decision comes a month after Earthjustice filed a lawsuit on behalf of Sierra Club challenging the Sacramento Metropolitan Air Quality Management District for issuing permits allowing the project without public or environmental review.

Now the air agency says the permit was “issued in error because it failed to meet District Best Available Control Technology requirements.”

The agency and the company have agreed that the transfers will stop by Nov. 14.

“This is the first crude transport project that has been stopped dead in its tracks in California,” says Suma Peesapati, Earthjustice attorney. “This is a victory for the health and safety of the people of Sacramento, for communities along the path of the trucks hauling this dangerous product to the Bay Area, and for the refinery communities where the crude is eventually processed.”

Earthjustice filed the lawsuit on behalf of the Sierra Club on Sept. 23, holding the air district and InterState Oil accountable for neglecting to consider the risk to public health and safety of the project. The lawsuit also challenged the air district for deliberately avoiding its obligations for review under the California Environmental Quality Act despite the fact that the project would have significant increases in air pollutants, including toxic air contaminants.

The air district first issued a permit to InterState to trans-load crude from rail to truck on March 27, however according to an investigation by the Sacramento Bee, the company had been trans-loading crude without a permit as early as six months before that date. No notice was given to local fire and emergency responders or other officials about the handling of the highly flammable substance just seven miles north of the California state capital.

“This is a huge victory for Sacramento residents and communities across California who are put in harms way by trains carrying volatile, hazardous crude that are known to derail and explode,” says Devorah Ancel, Sierra Club staff attorney. “Local, state and federal governments must take further immediate action to notify the public when hazardous crude is railed through their communities and to ban the use of unsafe DOT 111 tank cars.”

As a result of today’s decision, Sacramento Superior Court is expected to dismiss the lawsuit, Earthjustice says.

Bakken crude, a type of shale oil, is more volatile than other kinds of crude oil. It has been blamed for some spectacular — and tragic — accidents, the worst of which was the July 2013 derailment of a train of oil cars carrying Bakken crude in the small Quebec town of Lac-Mégantic. The explosion and fire killed nearly 50 townspeople and leveled more than 30 buildings.