Category Archives: Emergency Readiness & Response

Maryland judge orders railroads to release oil train reports

Repost from McClatchyDC

Maryland judge orders release of oil train reports

HIGHLIGHTS
• Case marks first time railroads have lost on the issue in court
• Judge not persuaded that release would harm security, business
• Companies that filed 2014 lawsuit have until Sept. 4 to appeal

By Curtis Tate, August 17, 2015
Tank cars loaded with crude oil head east at Hurricane, W. Va., in May 2014. A Maryland judge has ordered the release of oil train reports to McClatchy and other news organizations. West Virginia and a handful of other states agreed to keep the the reports confidential.
Tank cars loaded with crude oil head east at Hurricane, W. Va., in May 2014. A Maryland judge has ordered the release of oil train reports to McClatchy and other news organizations. West Virginia and a handful of other states agreed to keep the reports confidential. Curtis Tate – McClatchy

WASHINGTON – A Maryland judge rejected two rail carriers’ arguments that oil train reports should be withheld from the public, ordering them released to McClatchy and other news organizations that sought them.

The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to see them.

The U.S. Department of Transportation began requiring in May 2014 that railroads inform states of large shipments of crude oil after a series of derailments with spills, fires, explosions and evacuations. Since February, six more major oil train derailments have occurred in North America.

Nonetheless, some railroads have continued to press their case that the reports should be exempt from disclosure under state open records laws. Most states shared the documents anyway, and Pennsylvania and Texas did so after McClatchy appealed. Maryland is the only state that was taken to court after it said it would release the reports.

Norfolk Southern and CSX sued the Maryland Department of the Environment in July 2014 to stop the state agency from releasing the records to McClatchy and the Associated Press. They have until Sept. 4 to appeal the decision, issued Friday by Judge Lawrence Fletcher-Hill of the Circuit Court for Baltimore City.

Both companies, which transport crude oil to East Coast refineries concentrated in Delaware, Pennsylvania and New Jersey, said they would review the decision.

Dave Pidgeon, a spokesman for Norfolk Southern, said the company would “respond at the appropriate time and venue.”

Melanie Cost, a spokeswoman for CSX, said the railroad “remains committed to safely moving these and all other shipments on its network.”

The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to access them.

In his 20-page opinion, Fletcher-Hill was not persuaded by arguments that releasing the oil train reports would harm the railroads’ security and business interests. He also dismissed the relevance of the U.S. Department of Transportation’s May final rule addressing the safety of oil trains. The companies had argued that the final rule supported their claims.

He also ordered the companies to pay any open court costs.

In a statement, Maryland Secretary of the Environment Ben Grumbles said the agency was pleased with the ruling and that it is “committed to transparency in government.”

Rail transportation of Bakken crude oil, produced through hydraulic fracturing of shale formations in North Dakota, has grown exponentially in the past five years. However, a series of fiery derailments, including one in Quebec in 2013 that killed 47 people, have raised numerous concerns about public safety, environmental protection and emergency planning and response.

U.S. Transportation Secretary Anthony Foxx issued an emergency order on May 7, 2014, that required any railroad shipping 1 million gallons or more of Bakken crude oil through a state to inform that state’s emergency response commission what routes the trains would take and which counties they would cross, as well as provide a reasonable estimate of how many trains to expect in a week.

Beginning in June 2014, McClatchy submitted open records requests in 30 states for the oil train reports, including Maryland.

McClatchy was able to glean some of the details in the Maryland report through a Freedom of Information Act request to Amtrak, which owns part of Norfolk Southern’s oil train route in the state. The subsequent release of oil train reports in Pennsylvania revealed more about such operations in Maryland.

On Monday, Pennsylvania Gov. Tom Wolf released an 84-page assessment of oil train safety in the state, which examined derailment risk, tank car failures and regulatory oversight. Some Maryland lawmakers have called for the state to perform a similar assessment.

Armored vehicle requested for oil train derailment rescue readiness

Repost from the PostBulletin, Rochester MN
[Editor:  See  highlighted text  below for oil train reference.  Also for background see Mother Jones, Documents Reveal the Fearmongering Local Cops Use to Score Military Gear From the Pentagon (no references to oil train derailments)  – RS]

Local law enforcement: We need armored vehicles

Heather J. Carlson, Aug 15, 2015 10:13 am
sheriffs mrap
The Olmsted County Sheriff’s Deparment owns this retired U.S. Military MRAP Armored Vehicle. Scott Jacobson

Local law enforcement agencies applying for armored vehicles from the Pentagon cited high-profile visitors to Mayo Clinic, Rochester’s expected population growth and the Prairie Island nuclear plant in their requests.

Mother Jones recently made public more than 450 law enforcement agencies’ applications for Mine Resistant Ambush Protected vehicles, or MRAPs. Those documents show that in 2013 the Austin Police Department, Olmsted County Sheriff’s Office and Goodhue County Sheriff’s Office all applied for an armored vehicle.

In its application, the Olmsted County Sheriff’s Office noted that “Rochester/Olmsted County is home to the Mayo Clinic which routinely hosts Foreign Heads of State and VIPs.” It also mentioned the potential population growth expected to accompany Destination Medical Center — a $6 billion initiative to transform Rochester into a global destination for health care.

The county’s application proved to be successful, with the sheriff’s office receiving an armored vehicle in 2013. Capt. Scott Behrns, of the Olmsted County Sheriff’s Office, filled out the Pentagon application and said having so many VIPs and foreign heads of state visiting the city every year is a security concern.

“We get more VIPs here than people realize, I think. And a lot of it is very low key and handled well, but when they are here it does pose a security threat and we certainly don’t want anything to happen to a visiting VIP, a foreign head of state while they are here visiting the clinic,” he said.

Behrns said the MRAP isn’t routinely used for these visits but is available in case something goes wrong and individuals need to be rescued quickly from a dangerous situation.

Rochester Police Chief Roger Peterson said it’s difficult to estimate just how many foreign dignitaries local authorities help protect because it can vary dramatically from year to year. Generally, the police department teams up with the Secret Service or the State Department to provide security.

“It’s not used as a standard measure, but if things do go horribly awry, there are resources you can rely on. Fortunately, we haven’t had to make that decision. All of the visits we’ve had have gone well,” Peterson said.

The use of armored vehicles and other military equipment has come under increased scrutiny since last year’s police shooting of unarmed teenager Michael Brown and the violence that followed in Ferguson, Mo.

Billions of dollars worth of military equipment from the wars in Iraq and Afghanistan have been given to local law enforcement agencies across the country.

A seven-member police oversight commission was recently established in Rochester to review police policies and practices, and that commission could address the issue of military equipment. Commission Chairman Allan Witz could not be reached for comment for this article.

A way to prevent violence?

Local law enforcement agencies that have received armored vehicles say they have helped prevent possible violence. Behrns said Olmsted County’s MRAP was sent to Fillmore County last year after a potentially armed suspect with explosives barricaded himself in a bus on a remote farmyard. After the armored vehicle arrived, authorities were able to arrest the man peacefully.

“(The suspect) did make a statement to the effect that because we had the big vehicle, he knew were weren’t leaving and he decided to give up,” Behrns said.

Fears about the safety of officers prompted the Austin Police Department to apply for an MRAP, according to Austin Police Detective Todd Clennon. The idea to try to get the military vehicle came after a woman was shot in rural Mower County. Police were faced with the tough task of trying to apprehend armed men on the property, which had a long driveway surrounded by an open field.

“Ultimately, my guys used great skill and decision making and jumped in the back of a 4-wheel drive pickup truck and bounced their way through a mile of a corn field with their weapons and gear,” Clennon said.

The police managed to get behind a farm building and arrest the men safely. But the incident got Clennon thinking and he decided to look into getting an armed vehicle for these types of high-risk arrest situations. They applied in 2013, citing that the police department and Mower County Sheriff’s Office have a joint Special Incident Response Team. They received an armored vehicle in 2013.

Goodhue County rejects armed vehicle grant

Goodhue County Sheriff’s Office applied for a grant in 2013 for an armored vehicle, noting that the department is responsible for responding to threats against Prairie Island nuclear plant. The department’s initial request was unsuccessful. They applied again last year and late last month, the department learned it had received a grant for a $325,000 armored vehicle.

But before the department can get the vehicle, the county board has to sign off on an $81,000 local match. Goodhue County Sheriff Scott McNurlin said last year that the board voted unanimously in favor of the department applying for the grant and planned to set the money aside for the local match. But on Thursday, the Goodhue County Board of Commissioners voted 3 to 2 against accepting the grant. Opponents cited concerns about the local cost. It is possible that the board may reconsider the issue at its Tuesday meeting.

The county has a 32-year-old armored vehicle, but McNurlin said its “woefully outdated.”  The new vehicle would have a pressurized interior, making it an ideal rescue vehicle in the case of a potential nuclear disaster or oil train derailment. 

“If there ever was an unfortunate incident at the power plant and a release was imminent or could occur, we can use the vehicle to actually evacuate people because it has the self-contained unit,” he said.

Goodhue County Commissioner Brad Anderson voted in favor of getting the armored vehicle and said he hopes fellow commissioners will change their minds and back the proposal.

Anderson added, “They should have said no last year if they seriously didn’t want to do it. Times haven’t changed.”

Video: Bomb Trains on the Hudson River

Repost from HudsonRiverAtRisk.com
[Editor:  Another excellent regional video about the potential for horrific environmental impacts due to crude by rail.  We are doing our best to guarantee that the marshlands, valleys, cities and towns of Northern California don’t become the next Hudson River Valley, transporting billions of gallons of Bakken Crude every year.  – RS]

BOMB TRAINS ON THE HUDSON – BAKKEN SHALE COMES TO THE RIVER

By Jon Bowermaster, July 13, 2015

The sight of long trains made up of one hundred-plus black, cylindrical cars, rolling slowly through cities and towns across North America – often within yards of office buildings, hospitals and schools — has become commonplace.

Few who see them know that these sinister-looking cars carry a highly flammable mixture of gas and oil from the shale fields of North Dakota. At thirty thousand gallons per car, each of these trains carries more than three million gallons of highly flammable and toxic fuel, earning them the nickname “bomb trains.”

I see them on a daily basis in the Hudson Valley, whether stacked up four-deep alongside the thruway in Albany, crossing an aging trestle bridge in Kingston, rolling behind strip malls and health care facilities in Ulster, paralleling the very edge of the Hudson River. Several of the long, ominous-looking trains snake south from Albany to refineries in Philadelphia every day, crossing New Jersey, paralleling Manhattan.

And this oil/gas combo is not just moving by rail: Last year three billion gallons of crude that arrived in Albany by train from the North Dakota were offloaded to tanks and then barges to be shipped downriver. The very first tanker carrying crude oil ran aground, a dozen miles south of the Port of Albany; thankfully its interior hull was not breached.

The boom in this train traffic – in 2009 there were 9,000 of the black rail cars, today there are more than 500,000 – correlates directly with the boom in fracking of gas and oil across the U.S. Record amounts of both are being pulled out of the ground in the Dakotas, Colorado, Texas and thirty other states and needs to be delivered to refineries. Pipelines take time to build and often run into community resistance; since there are railways already leading in every direction the oil and gas industry has taken them over. In 2010, 55,000 barrels of crude oil were shipped by rail each day in the U.S.; today it is more than 1 million barrels … per day.

During the same period there’s been another corollary, a boom in horrific railway accidents resulting in derailments, spills, fires and explosions. Sometimes they occur near fragile wetlands (Aliceville, AL, November 2013); sometimes in neighborhoods where hundreds must be evacuated (Casselton, ND, December 2013); and sometimes in the middle of a town (Lac-Megantic, Quebec, July 2013, where 47 people were killed in a midnight derailment).

Since February 14 a half-dozen of these “bomb trains” have derailed and spilled or exploded, in Illinois, Ontario and West Virginia, leaving widespread destruction and environmental damage in their wake. A half-mile on either side of the tracks is considered within the “blast zone” when these fuel-laden trains crash. Increasingly they are mentioned as potential terrorist weapons.

bomb_train_accidents_2013-2015Efforts to regulate this explosion of shipping by rail has proven difficult. It seems that no one wants to accept the responsibility (or costs) of improving the safety of the cars, the tracks, the infrastructure they run over or the volatile fuel. On May 2 the Department of Transportation issued some new rules and regulations regarding the speed trains can travel at through communities, required updated and safer rail cars and more, but most of the proposed changes don’t take effect for many years. Environmental advocates are not hopeful for much quick change given the powerful lobbying efforts of the gas, oil and rail industries.

New York Governor Andrew Cuomo has previously said there was little the state could do to slow the traffic, but even he is concerned about the possibility of accident; last month the governor’s office issued a complaint after investigating train cars coming into Albany and citing 84 “defects.”

Opposition to new safety rules comes despite that the D.O.T. estimates that if this pace of shipping continues there will be fifteen major accidents every year and one of the enormity of Lac-Megantic (47 people killed) every two years.

“Even if new measures are adopted,” says Roger Downs, an Albany-based attorney with the Sierra Club’s Atlantic Chapter, “it still feels like a half-baked plan to address a wholly inappropriate way to move oil.”

 

Kalamazoo River 5 years later – still cleaning it up

Repost from OnEarth Magazine, Natural Resources Defense Council
[Editor:  Significant quote: “The Kalamazoo River still isn’t clean.  Let’s not forget how much it cost to (not completely) clean the Kalamazoo. The current price tag is $1.21 billion (and rising), making it the most expensive onshore oil spill in U.S. history.”  – RS]

Remember the Kalamazoo

Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan river—and we’re still cleaning it up.
By Brian Palmer, July 22, 2015
Skimmers, like these used to clean up the Deepwater Horizon spill, were useless in Kalamazoo, where the tar sands crude sank to the bottom. Photo: NOAA

Five years ago, in the middle of the night, an oil pipeline operated by Enbridge ruptured outside of Marshall, Michigan. It took more than 17 hours before the Canadian company finally cut off the flow, but by then, more than a million gallons of tar sands crude had oozed into Talmadge Creek. The oil quickly flowed into the Kalamazoo River, forcing dozens of families to evacuate their homes. Oil spills of that magnitude are always disastrous, but the Kalamazoo event was historically damaging.

The first challenge was the composition of the oil. Fresh tar sands crude looks more like dirt than conventional crude—it’s far too thick to travel through a pipeline.

Try pumping this through a pipeline. Photo: Suncor

To get this crumbly mess to flow, producers thin it out with the liquid constituents of natural gas. Diluted bitumen, or dilbit, as it’s called in the tar sands industry, is approximately three parts tar sands crude, one part natural gas liquids.

When dilbit gushed into Talmadge Creek in 2010, the mixture broke apart. The volatile natural gas liquids vaporized and wafted into the surrounding neighborhoods. The airborne chemicals were so difficult to find and eliminate that Enbridge decided it would be better to simply buy some of the homes that were evacuated, preventing the residents from ever returning.

The tar sands oil, which stayed in the water, presented an even bigger chemistry problem. Most forms of oil, including conventional crude, are less dense than water. That’s why oil makes such pretty colors when dropped into a rain puddle—it floats and plays tricks with the sunlight. Traditional oil spill cleanup technology relies heavily on this density relationship. Skimmers and vacuums remove it from the surface. Floating booms prevent surface-level oil from moving into environmentally sensitive areas.

Tar sands crude behaves differently. “Tar sands bitumen is a low-grade, heavy substance,” says Anthony Swift, director of NRDC’s Canada Project (disclosure). “Unlike conventional crude, when bitumen is released into a water body, it sinks.” (See “Sink or Skim,” onEarth’s infographic on why tar sands oil is more difficult to clean up than conventional crude.)

Skimmers, like these used to clean up the Deepwater Horizon spill, were useless in Kalamazoo, where the tar sands crude sank to the bottom. Photo: NOAA

Put simply, the spilled dilbit traveled in every direction—into the air, with the current, to the bottom of the river—at the same time. The U.S. Environmental Protection Agency’s indisputably naïve response reveals how little anyone knew about tar sands crude. The EPA demanded that Enbridge remove the oil from wetlands surrounding the pipe by August 27, a little more than one month after the spill began. The agency wanted the stuff out of the creek, river, and shorelines by the September 27. Those deadlines would have been practical for a typical spill—but not for a tar sands oil spill. A half-decade later, some of the oil still remains—though, much of that has to do with Enbridge botching the cleanup effort (see onEarth’s three-part series, “The Whistleblower”).

Enbridge’s bungling began even before the spill. First, the company knew the pipeline was vulnerable by 2005, if not earlier. When the rupture finally came in July 2010, operators dismissed the alarms as a malfunction of the system for 17 hours before finally accepting that the pipeline had failed. Making things worse, six hours after Calhoun County residents were complaining to 911 about the smell of oil, Enbridge employees were still trying to fix the problem by pumping additional oil into the pipeline. In its review of the accident, the National Transportation Safety Board faulted Enbridge’s “culture of deviance” for what happened, pointing out that the response team in the first hours consisted of four local pipeline maintenance employees who were inadequately trained and made a series of bad decisions.

Not only did Enbridge fail to make the EPA’s initial cleanup deadline, it also blew through a series of fallback deadlines across more than four years. Not until late 2014 did the agency finally sign off on the remediation effort, handing the remaining responsibilities to the Michigan Department of Environmental Quality.

As the cleanup winds down, though, there is little cause for celebration. “The Kalamazoo River still isn’t clean,” says Swift. “The EPA reached a point where additional cleanup might do more harm than good. Much of the river is still contaminated.”

Some local residents accuse the company of overstating its progress. “In the process of beautifying everything and giving money to everybody and making everybody feel good about it, they’re not really telling people about the dangers still there in that water,” says Linda L. Cypret-Kilbourne of Michigan’s Potawatomi tribe.

It’s not clear when the river will go back to pre-spill quality. After conventional oil spills, crews eventually back off and allow microbes to break down the last bits of crude. That approach isn’t a good option in Kalamazoo. First, the area doesn’t have a large natural population of oil-eating microbes like the Gulf of Mexico has. In addition, tar sands crude contains very high levels of heavy metals, which don’t break down easily.

Let’s not forget how much it cost to (not completely) clean the Kalamazoo. The current price tag is $1.21 billion (and rising), making it the most expensive onshore oil spill in U.S. history.

The Kalamazoo River still isn’t clean. The EPA reached a point where additional cleanup might do more harm than good. Much of the river is still contaminated.

It’s tempting to dismiss the slow, botched, expensive, and still-unfinished cleanup as growing pains. Tar sands imports have risen significantly since 2010, as has public awareness of the difference between the Canadian crude and the conventional product. In the five years since the incident, we should have improved tar sands oil spill response. But we didn’t.

If another Enbridge spill were to happen tomorrow, the company might respond more quickly, but huge volumes of heavy tar sands crude would still pour out of the pipeline. David Holtz of the Michigan chapter of the Sierra Club told reporters that a rupture in Enbridge Line 5, another pipeline that runs through Michigan, would be disastrous.

“If they hit the shutoff valve immediately after a rupture, there would still be more than 650,000 gallons of oil spilled into the Great Lakes,” he said.

Cleaning it up would be as challenging today as it was five years ago. There have been no technological breakthroughs since 2010. The tar sands industry should accept a large portion of the blame for this stasis.

“The efforts to improve spill response have been caught up in a public relations war,” says Swift. “The tar sands industry wants you to believe that oil is oil, and that its product involves no heightened concerns. As a result, spill responders are working with largely the same tools today as in 2010.”

Tar sands pipelines—like the one operated by Enbridge, or TransCanada’s proposed Keystone XL pipeline—run for thousands of miles, crisscrossing the United States and Canada in elaborate networks. They entail certain risks, and those risks are not going away. We have to decide how to respond. If we accept them, we must work to minimize the consequences by developing the appropriate safety measures and technology. Or we can reject them by eliminating tar sands from our energy infrastructure. The one thing we must not do is to pretend they don’t exist. The Kalamazoo spill is a reminder. It won’t be the last.