By Roll Call Staff, March 13, 2015 9:55 a.m.
Sen. Heidi Heitkamp, D-N.D., center, is urging OIRA to “quickly finalize” regulations on rail shipment of crude oil. (Photo By Bill Clark/CQ Roll Call)
“Oh Ira, why can’t you work more quickly?” That might’ve been what tunesmith George Gershwin said to his lyric-writing brother Ira Gershwin. But for transportation purposes, it’s essentially what Sen. Heidi Heitkamp, D- N.D., said Thursday to OIRA – pronounced “oh-Ira” – the Office of Information and Regulatory Affairs, within the Office of Management and Budget.
OIRA is where proposed regulations go for a final vetting and it now has under review a series of proposed rules on more robust oil tank cars and safer transport of crude oil.
In a letter to OMB director Shaun Donovan, Heitkamp urged OIRA to “quickly finalize” the regulations so that shippers and first responders can know what they must do to more safely ship crude oil. Much of that oil comes from the Bakken formation in Heitkamp’s state and in Montana and is carried by rail to refineries on the East Coast and the West Coast.
She cited the December 2013 derailment, explosion and fire in Casselton, N.D., noting that while no one was killed in that incident “we were lucky… but we cannot depend on luck.”
Meanwhile House Transportation and Infrastructure Committee ranking member Peter A. DeFazio, D- Ore., has asked the Government Accountability Office to report to him on what railroads and the federal government are doing to prepare for an oil train derailment and fire “particularly in the most remote and environmentally sensitive areas”
DeFazio specifically asked the GAO to examine what the railroads are doing to preposition “critical resources necessary to respond to spills in both urban and rural areas, including forest lands, with limited road access, prone to catastrophic fire, or at-risk due to long-term drought” and to preposition “critical resources to contain and clean-up oil spills into rivers or other water bodies.”
As the Oregonian reported last year, “Eighteen oil trains a week move along the Washington side of the Columbia River Gorge.” Part of the gorge is a national scenic area and it borders national forests.
Andrew Maykuth, March 13, 2015, 1:08 AM
Recent oil train derailments have increased pressure on the federal government to improve safety standards. (REUTERS/Rick Wilking)
Philadelphia City Council on Thursday urged the federal government to tighten regulations on trains carrying crude oil, in the aftermath of a series of fiery derailments.
City Council unanimously approved a resolution that calls on Washington to approve new rules for railcars. It also calls for the city to plan emergency-response workshops for communities along oil-train routes.
Philadelphia-area oil refineries have become increasingly dependent upon rail shipments of domestic crude oil, which has displaced more expensive imported oil delivered by ships.
Two major freight carriers, CSX and Norfolk Southern, now move from 45 to 80 oil trains through Philadelphia each week, according to city officials.
The U.S. Department of Transportation sets rules governing railroad safety and railcar standards, so Council’s action is symbolic.
“With the increase of train traffic in Philadelphia, we are flirting with disaster,” said Councilman Kenyatta Johnson, the resolution’s sponsor.
Environmental groups including Clean Water Action, Delaware Riverkeeper Network, and PennEnvironment have lobbied Johnson’s office to take action since a CSX oil train last year derailed on a bridge near Center City. The accident caused no leaks, but the sight of oil cars tilted over the Schuylkill drew much attention to the issue.
Last month’s accident in West Virginia – one of five in recent weeks – has inspired a surge in calls for action.
The Federal Railroad Administration and the U.S. Pipeline and Hazardous Materials Safety Administration last year issued several emergency orders and advisories to address safety issues. The government is also considering new rules to phase out old tank car designs, though several of the most recent explosive derailments involved newer-model tank cars.
Crude oil train shipments dwindle in California, for now
By Tony Bizjak, 03/11/2015 9:47 PM
A BNSF train carries Bakken crude oil in the hills outside the Feather River Canyon last June. Jake Miille / Special to The Bee
A year ago, California officials nervously braced for an influx of milelong trains carrying volatile crude oil to refineries in the Valley and on the coast – trains similar to the one that exploded two years ago in Canada, killing 47 people.
The trains never arrived. Although tank cars full of oil now roll daily through cities in the Midwest and East, provoking fears of crashes and fires, the number of oil trains entering California has remained surprisingly low, state safety regulators say, no more than a handful a month. In recent weeks, they appear to have dwindled to almost nothing.
The reasons appear to be mainly economic.
“Crude oil shipments from out of state have virtually stopped,” said Paul King, rail safety chief at the California Public Utilities Commission. “Our information is that no crude oil trains are expected for the rest of this month.”
Most notably, the BNSF Railway recently stopped running a 100-car train of volatile oil from the Bakken region of North Dakota through the Feather River Canyon and midtown Sacramento to the Bay Area. The trains, several a month, carried an estimated 3 million gallons of fuel each.
Bakken oil, a lighter type of crude, similar to gasoline, has gained a fearsome reputation since it entered the national scene a few years ago. A string of Bakken train explosions around the country prompted the federal government to issue a warning last year about the oil’s unusual volatility and launch efforts to write stiffer regulations on rail transport, including a proposal to require sturdier tank cars for oil.
Two more Bakken train derailments and explosive fires recently in West Virginia and Illinois triggered a new round of complaints that the federal government is dragging its heels in finalizing those regulations.
The BNSF train through Sacramento was believed to be the only train in California carrying 100 cars of Bakken oil. PUC rail safety deputy director King said his commission’s rail monitors have been told by owners of a Richmond oil transfer station in the Bay Area that refiners stopped the shipments in November as global oil prices dropped.
California Energy Commission fuels specialist Gordon Schremp said lower prices for other types of oil have made Bakken marginally less marketable in California, although that could easily change in the future.
Other projects, like a Valero Refining Co. plan to run two 50-car oil trains daily through Sacramento beginning this spring to its Benicia plant, have not yet gotten off the ground, in part because of political opposition. Under pressure from state officials, including Attorney General Kamala Harris, Benicia recently announced it is redoing part of its environmental and risk analysis of the Valero rail project. Valero has said it intends to ship lighter fuels, but has declined to say whether those will be Bakken.
State safety officials said the slowdown provides a bit more time to provide hazardous-materials training for more firefighters, as well as to put together a state rail-bridge inspection program and to upgrade disaster and waterway spill preparedness. But state officials said they still feel like they’re playing catch-up as they prepare for existing and future potential rail hazards.
“This apparent reprieve may seem helpful, but we still have substantial amounts of … hazardous materials traveling across California’s rail lines,” said Kelly Huston, deputy director of the state Office of Emergency Services. “It only takes one train to create a major disaster.”
Oil prices have begun rising again, and state officials say they expect Bakken shipments to Richmond and potentially elsewhere to be back on track at some point. “We don’t have any concrete info about when it will resume,” the PUC’s King said. “When prices come up, it is likely to resume, and that could be in months.”
Federal emergency rules require railroads to report to states when they run trains carrying more than 1 million gallons of Bakken crude, and then again when that amount changes by 25 percent or more. BNSF sent the state Office of Emergency Services a brief notice on Wednesday acknowledging it had not shipped more than 1 million gallons of Bakken on any train in the last week. The notice does not say how long ago the shipments stopped or when they may resume.
BNSF officials have contended in letters to the state that shipping information is proprietary and should be kept secret. A BNSF spokeswoman declined this week to discuss shipments with The Sacramento Bee, writing in an email, “Information regarding hazardous material shipments is only provided to emergency responders.”
King of the PUC said his monitors estimate that eight or more non-Bakken crude oil trains had been entering the state monthly from Canadian and Colorado oil fields recently, headed to refineries or transfer stations. The Canadian oil, called tar sands, is not considered as explosive as Bakken, but two tar-sands trains derailed and exploded in recent weeks in Ontario, creating fires that lasted several days.
The national concern about crude oil rail shipments follows a boom in domestic oil production, notably in North Dakota, where hydraulic-fracturing advances have freed up immense deposits of shale oil. Lacking pipeline access, North Dakota companies have turned to trains to ship the oil mainly to East and Gulf Coast refineries and to Washington state. Crude by rail shipments in the United States skyrocketed from 9,500 carloads in 2008 to 436,000 in 2013, according to congressional data.
California continues to produce a sizable amount of its own oil in Kern County and receives marine shipments from Alaska and foreign sources. Still, a recent state energy-needs analysis estimates the state could receive as much as 23 percent of its oil via train or barge from continental sources, including North Dakota, Canada, Texas and other Western states, in the coming years. That estimate is based on plans by refineries in Benicia, San Luis Obispo and Kern County to build rail facilities that can accommodate large crude transports.
Another Oil Train Derails and Catches Fire in Ontario
Fourth Oil Train Accident in Three Weeks Shows Need for Immediate Moratorium
GOGAMA, Ont.— An oil train derailed and caught fire early this morning in Ontario near the town of Gogama, the second such incident in Ontario in three weeks, and the fourth oil train wreck in North America in the same time period. Since Feb. 14, there have also been fiery oil train derailments in West Virginia and Illinois. The Illinois wreck occurred just two days ago, and the fire from that incident is still burning.
“Before one more derailment, fire, oil spill and one more life lost, we need a moratorium on oil trains and we need it now” said Mollie Matteson, a senior scientist with the Center for Biological Diversity. “The oil and railroad industries are playing Russian roulette with people’s lives and our environment, and the Obama administration needs to put a stop to it.”
In the United States, some 25 million people live within the one-mile “evacuation zone” of tracks carrying oil trains. In July 2013, a fiery oil train derailment in Quebec resulted in the loss of 47 lives and more than a million gallons of oil spilled into a nearby lake. A report recently released by the Center for Biological Diversity also found that oil trains threaten vital wildlife habitat; oil trains pass through 34 wildlife refuges and critical habitat for 57 endangered species.
Today’s Ontario accident joins an ever-growing list of devastating oil train derailments over the past two years. Oil transport has increased from virtually nothing in 2008 to more than 500,000 rail cars. Billions of gallons of oil pass through towns and cities ill-equipped to respond to the kinds of explosions and spills that have been occurring. Millions of gallons of crude oil have been spilled into waterways. In 2014, a record number of spills from oil trains occurred.
There has been a more than 40-fold increase in crude oil transport by rail since 2008, but no significant upgrade in federal safety requirements. The oil and rail industries have lobbied strongly against new safety regulations that would help lessen the danger of mile-long trains carrying highly flammable crude oils to refineries and ports around the continent. The Obama administration recently delayed for several months the approval of proposed safety rules for oil trains. The proposed rules fall short because they fail to require appropriate speed limitations, and it will be at least another two and a half years before the most dangerous tank cars are phased out of use for the most hazardous cargos. The oil and railroad industries have lobbied for weaker rules on tank car safety and brake requirements.
The administration also declined to set national regulations on the level of volatile gases in crude oil transported by rail, instead deciding to leave that regulation to the state of North Dakota, where most of the so-called “Bakken” crude originates. Bakken crude oil has been shown to have extremely high levels of volatile components such as propane and butane but the oil industry has balked at stripping out these components because the process is expensive and these “light ends” in the oil bring a greater profit. The North Dakota rules, which go into effect next month, set the level of volatile gases allowed in Bakken crude at a higher level than was found in the crude that set the town of Lac Mégantic, Quebec on fire in 2013, or that blew up in the derailment that occurred last month in West Virginia.
The crude involved in today’s accident may be another form of flammable crude, called diluted bitumen, originating in Alberta’s tar sands region. The Feb. 14 derailment and fire in Ontario on the same rail line involved an oil train hauling bitumen, otherwise known as tar sands.
“Today we have another oil train wreck in Canada, while the derailed oil train in Illinois is still smoldering. Where’s it going to happen next? Chicago? Seattle?” said Matteson. “The Obama administration has the power to put an end to this madness and it needs to act now because quite literally, people’s lives are on the line.”
In addition to its report on oil trains, the Center has sued for updated oil spill response plans, petitioned for oil trains that include far fewer tank cars and for comprehensive oil spill response plans for railroads as well as other important federal reforms, and is also pushing to stop the expansion of projects that will facilitate further increases in crude by rail.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 825,000 members and online activists dedicated to the protection of endangered species and wild places.
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