Category Archives: Explosion

Bakken Crude, Crude By Rail, Derailment, Emergency Readiness & Response, Environmental Impacts, Explosion, Federal pre-emption, Fire, Fracking, Freedom of Information Act (FOIA), Hazardous cargo transparency, Hazmat notification, Homeland Security, Legal action, Public Safety

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.

Bakken Crude, Bridge safety, Crude By Rail, Derailment, Explosion, Fire, Tank car design, Tar sands crude, Valero Benicia Refinery, Water contamination

BENICIA HERALD LETTER: Allowing crude by rail is asking for trouble, Kathy Kerridge

Repost from the Benicia Herald
[Editor:  No link is provided for this letter because the Benicia Herald does not publish letters in its online edition.  A version of this letter also appeared in the Contra Costa Times.  – RS]

Allowing crude by rail is asking for trouble

By Kathy Kerridge, August 16, 2015, Benicia Herald

It’s time for Benicia and California to say no to bringing in crude oil by rail (CBR). This is the highly explosive and flammable Bakken crude from North Dakota, which exploded in Lac-Megantic, Quebec, killing 47.  This is what Valero wants to bring into Benicia and other refineries want to bring into the Bay Area.  There have been 30 major crude by rail accidents since 2012, including the latest on July 17 in Montana that spilled 35,000 gallons from a train that was going the legal speed limit.

The refineries also want to bring in tar sands crude from Alberta, Canada.  A spill of tar sands crude in water cannot be cleaned up.  The substances that dilute the tar sands (like benzene) so it can be transported evaporate and the tar sands sink to the bottom of the water.  $1 billion, yes that’s right billion, has been spent on the Kalamazoo River spill of tar sands and the river is still not clean.  Do we want a spill on the Benicia Rail Bridge into the Carquinez Strait or one in the Suisun Marsh?  How about the Feather River Canyon where a train carrying corn recently derailed sending its cargo into the river?

Say no to CRB going over high hazard areas.  Every rail line into the state goes through one.  Say no to CBR by earthquake faults.   Say no to trains carrying crude in cars designed to carry corn syrup.  Say no to the new cars which have also split and spilled in recent derailments.  Say no to bomb trains going through densely populated areas like Sacramento, Davis, and the East Bay.  Just say no to putting people, our water sources and our environment at risk

Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Fire

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.”

Bakken Crude, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Oil prices, Pipeline transport, Rail Safety

Bakken crude: Could pipelines replace the need for oil-by-rail?

Repost from Marcellus.com
[Editor: Significant quote by Rusty Braziel, analyst with RBN Energy: “By 2017 there should be enough pipelines to carry all North Dakota’s crude to market.”  See also “ND shipping only 47% of Bakken crude by train in June” – RS]

Bakken crude: Could pipelines replace the need for oil-by-rail?

By Zach Koppang, August 14, 2015
Image: Mary Schimke / Shale Plays Media
Image: Mary Schimke / Shale Plays Media

The transportation of Bakken crude is beginning to shift away from the railways and into pipelines as production levels off in the wake of last year’s price collapse and more oil and gas pipelines are brought online.

Rusty Braziel, analyst with RBN Energy, explained, “Since 2012 a combination of rail and pipeline has given Bakken producers ample crude takeaway capacity, but pipelines alone have not had sufficient capacity on their own.” Though, as production maintains a consistent rate, pipeline capacity is beginning to catch up. Braziel added, “By 2017 there should be enough pipelines to carry all North Dakota’s crude to market.”

Last week Continental Resources reported that it now ships over two-thirds of its Bakken crude by pipeline, reports Reuters. In the second quarter 2015, the company, North Dakota’s second-largest producer, pushed approximately 160,000 barrels of crude per day through Kinder Morgan owned pipelines. For comparison, it shipped nearly all of its oil by train in 2014. During a conference call, Continental CFO John Hart said, “Approximately 70 percent of our Bakken production is now delivered to market via pipeline.”

Director of RBN Energy Analytics Sandy Fielden said, “As soon as price differentials – especially between domestic benchmark West Texas Intermediate (WTI) and international benchmark Brent – narrowed, then barrels shifted back to pipelines to take advantage of their cheaper tariff rates. Yet significant crude volumes continued to be transported to market from North Dakota by rail because pipeline capacity could not handle the demand.” Recently, however, the planning and construction of new pipelines throughout the region has substantially increased overall shipping capacity, threatening the once booming business of BNSF Railway and others.

The trend is becoming more common as oil producing states, North Dakota included, begin to rely more heavily on pipelines rather than rail transport, which is vulnerable to weather, construction delays and bottlenecks. Transporting oil-by-rail has also become heavily scrutinized following a series of explosive, and sometimes deadly, oil train derailments. The most notable incident occurred in Lac-Megantic, Quebec, where a runaway oil train derailed and killed 47 people. The frequency and severity of derailments has led to increased scrutiny and regulation, much to the dismay of the rail industry.

As reported by Reuters, oil-by-rail shipments have decreased throughout the country by 13 percent in the past year, according to the latest American Association of Railroads data. Also indicative of the decreased interest in crude-by-rail shipments, and the far-reaching effects of the oil price decline, are the recent job cuts at one of the state’s largest rail transloading facilities.

However, Fielden explains, “Just because pipeline capacity is available doesn’t necessarily mean producers will prefer to use that capacity instead of rail.” Over 1 million barrels of oil per day continue to ride U.S. railways en route to refineries on the east and west coasts. Tesoro and BP, for example, opt to receive oil via rail due to the flexibility of the supply contracts when compared to pipeline shipments.

The RBN analysis reports that in theory, as new pipeline projects come online, all Bakken crude could be shipped to market via pipeline. Projects due to begin operating by the end of 2016 and throughout 2017 will expand takeaway capacity by 680,000 barrels per day. Fielden said, “The planning and buildout of a series of new pipelines out of North Dakota that (if they are all built) should increase capacity enough to provide space for all the barrels currently traveling to market from North Dakota by rail.”