Category Archives: Federal Regulation (U.S.)

U.S. Senators urge stiff oversite and a “Safe Transportation of Energy Products Fund”

Repost from BringMeTheNews.com, Minneapolis, MN
[Editor: note the Minnesota “Traffic of Crude Oil” map at end of this story.  – RS]

Franken wants more oversight of crude oil shipped by rail

April 6, 2014 By Melanie Sommer

In the wake of recent accidents involving trains carrying crude oil from North Dakota’s Bakken oil fields, U.S. Sen. Al Franken is calling for more federal oversight of oil transport by rail.

Franken, D-Minnesota, and Sen. Heidi Heitkamp, D-N.D., sent a letter to the Senate Appropriations Committee — which takes a lead role in writing the federal budget each year — urging the creation of a Safe Transportation of Energy Products Fund.

The new program would look at ways to improve the safety of transporting crude oil by train and oil tankers, the Northland News Center reports. The fund would pay for more safety inspections, disaster response training, studies and community outreach, among other things.

The senators also are asking for funding to hire more inspectors.

Lawmakers on the federal and state levels stepped up their scrutiny of oil shipments by rail after a train carrying crude oil collided with another train near Casselton, N.D. in late December, causing an oil spill and a spectacular fire which required the town to evacuate.  Congressional committees held hearings on rail safety, and several bills increasing oversight of oil transportation are in committee in the Minnesota House.

The growth in rail transport of crude oil has increased dramatically in just the past few years, according to Franken’s office.  About 800,000 barrels of crude per day are shipped via rail, which is a 6,000 percent increase since 2007.

Experts are also concerned about the safety of Bakken crude, specifically. Federal officials issued a safety alert in January warning that the crude oil pumped in that region may be more flammable — and therefore, more dangerous — than other forms of oil.

This map, produced by Minnesota 2020, shows the rail routes that go through Minnesota carrying crude oil.

crude-oil-minnesota

Virginians concerned about explosions, spills near Chesapeake Bay

Repost from The Daily Press, Hampton Roads, Virginia

Crude oil tanker trains to Yorktown ignite controversy

Three derailments, explosions in U.S. and Canada in past six months highlight dangers

 April 05, 2014|By Tamara Dietrich, tdietrich@dailypress.com

Virginia environmentalists and activists are worried that an uptick in tanker trains carrying petroleum crude oil to a new storage and shipping hub in Yorktown is a recipe for disaster.

At issue is crude oil from the Bakken shale formation in North Dakota — the same crude that’s been implicated in derailments and explosions over the past several months from Quebec to Alabama, and is now being shipped by rail through heavily populated and environmentally sensitive areas of the commonwealth.

“These trains are traveling through Lynchburg along the James River through Richmond and on to the York County facility on the York River,” said Glen Besa of the Virginia chapter of the Sierra Club. “We’re concerned that a train derailment could result in an explosion and the loss of life, or an oil spill that could jeopardize our drinking water supplies and the environment.”

The group says tanker trains carrying Bakken crude began arriving in Yorktown in December, and is calling on the public and first-responders to be aware of the risks associated with those trains and ensure measures are in place to prevent accidents and, if necessary, effectively respond to them.

Meanwhile, the Chesapeake Bay Foundation is calling on the commandant of the U.S. Coast Guard to take action to reduce the risk of a devastating spill in the vulnerable estuary as “dramatically” increasing amounts of crude oil are likely to roll into Yorktown in the coming years, then get barged out again to East Coast refineries.

The bay is “on borrowed time in the face of a major oil spill,” CBF President William C. Baker said in a recent letter to Adm. Robert J. Papp Jr.

Safety a priority

The storage depot is the former Yorktown Refinery, a 600-acre facility that for decades converted crude oil into gasoline and other fuels. It closed in 2010 and cost the county one of its biggest industries and tax sources.

Houston-based Plains All American Pipeline LP bought the facility for $220 million in 2011, and over the past two years spent $150 million to convert it to a transportation terminal, according to spokesman Brad Leone and news reports.

“Plains made a significant investment to expand and modernize the existing rail and dock infrastructure, which has made the facility even safer and more efficient,” Leone said.

The Yorktown Terminal supports 90 full-time jobs, he said, and has the capacity to unload 140,000 barrels a day and store 6 million barrels.

CSX Transportation, based in Jacksonville, Fla., provides rail service to the terminal as part of its 23-state network.

“CSX appreciates that the shipment of energy products is a topic of concern for citizens here in Virginia and across the country,” said spokeswoman Melanie Cost, adding that the company places the “highest priority” on community safety.

Most of its crude oil shipments originate in the Bakken region, she said.

The risk

After three train derailments and explosions in six months involving crude from the Bakken Shale region, the federal Pipeline and Hazardous Materials Safety Administration issued a safety alert in January that this crude “may be more flammable” than other types of oil. The PHMSA is part of the U.S. Department of Transportation.

Last July, an oil train carrying Bakken crude derailed and ignited a catastrophic explosion in Lac-Megantic, Quebec, killing 47 people, leveling the small town and causing more than $1 billion in damages.

In November, a 90-car crude oil train was traveling through a rural part of Alabama when 20 cars derailed and 11 of them exploded. An unknown amount of crude fouled nearby wetlands, and damage was estimated at nearly $4 million.

Then, in December, a crude-oil train collided with a derailed grain car in North Dakota. Of the 21 oil cars that derailed, 18 ruptured and exploded. About 400,000 gallons of crude were released into the environment, and 1,400 residents had to be evacuated. Damage was estimated at $8 million.

In response, the DOT issued an amended emergency order last month directed at companies that offer petroleum crude oil and carry it by rail.

The Bakken formation has become “a major source for oil production” in this country, the order noted, and the risk of flammability is compounded because crude oil is commonly shipped in bulk on large unit trains.

The Congressional Research Service reported to Congress in February that shipping more crude oil on bigger trains increases the risk of accidents and the size of the resulting fires and explosions.

The controversial Keystone Pipeline would service the Bakken formation, but it is unknown if that pipeline will ever be built. If large tanker trains are used instead, federal agencies project about 49 more injuries and six more deaths each year.

Force a fix

In its emergency order, the DOT requires that bulk quantities of crude oil be properly tested and classed, and be treated as a hazardous material when shipped in rail tank cars. It also forbids deliberate misclassification.

Ohio: Leaders don’t keep track of oil trains

Repost from The Bucyrus Telegraph, Bucyrus, Ohio

Leaders don’t keep track of oil trains

Explosive shipments go right through city centers

Apr. 3, 2014
by James Pilcher, The Cincinnati Enquirer

Domestic oil production, including that in Ohio, keeps growing. And with oil being produced in new areas that don’t have pipelines, more crude is heading to refineries in rail cars. Yet neither federal nor state regulators track the shipments that are increasingly crisscrossing the country — potentially cutting through neighborhoods and business districts nationwide.

Much of the oil apparently is more volatile than traditional crude, with some experts saying it is as explosive “as gasoline.” A number of oil tanker accidents and explosions made headlines last year, including last July’s derailment and explosion in  Quebec that killed 47 people and all but leveled a small town. The train was pulling at least a dozen tank cars carrying crude pulled from Bakken shale deposits.

Similar types of oil are being pulled from shale fields all over the U.S., including eastern Ohio, western Pennsylvania and North Dakota.

“Regulators across North America simply have not kept up with the boom in moving oil by train,” said Keith Stewart, a Canadian-based researcher for the environmental group Greenpeace. “You would be shocked how little governments know how much and where and when this oil is moving by rail.”

Federal regulators don’t know what is  on the tracks at any given time. Nor do first responders and community officials, apart from getting a list of the top 25 hazardous materials that move through their communities. But because of security concerns, local officials can’t make the top 25 lists public. Railroads must keep a list internally, but those records also are not public.

The lack of disclosure could pose a problem for a city such as Cincinnati, which has one of the Midwest’s largest railyards in CSX-owned Queensgate, which sits near downtown.

“All kinds of hazardous materials go through (Queensgate) and no, we’re not notified of what is going through when,“ said Cincinnati Fire Department District Chief Tom Lakamp, who oversees special operations and hazardous materials response teams for the city.

The federal Pipeline and Hazardous Materials Safety Administration oversees the shipments of all hazardous materials, including crude oil, superseding state regulators for rail shipments. The agency did not make anyone available for interviews, but said in a statement that it was starting to look at changing its rules and was taking a closer look at oil shipments.

All that’s called ‘crude’ is not necessarily the same

The United States is poised to become the world’s largest combined producer of natural gas and crude oil in the coming year, according to federal data, which  indicate the country produced 7.5 million barrels of oil a day last year. Oil industry officials saying national production has been above 8 million barrels per day since November.

Ohio is a part of that growth, because of the wells in the eastern part of the state pulling up oil and natural gas from Utica shale reserves. The state produced 16,000 barrels of oil a day last year, up more than 23 percent from 2012.

But even as oil production has grown, pipeline infrastructure hasn’t kept pace. That’s forced oil producers and refiners to turn to rail shipments, especially in remote areas such as North Dakota, but also in Ohio. The railroad industry reports that crude oil shipments nearly doubled in 2013 as compared with 2012, with the American Association of Railroads estimating that more than 400,000 tank loads of crude arrived by rail last year.

A single tank car holds about 714 barrels of oil, and each barrel contains 42 gallons, meaning every tank car contains 30,000 gallons of oil. But an Ohio oil industry official says the majority of what’s called oil produced and shipped in the state is “ very volatile” and “basically liquified natural gas,” even as he points out that Ohio oil has been pumped and shipped safely for decades.

“It is still classified as crude oil, even thought it is a lot closer to gasoline,” said Tom Stewart, executive vice president of the Ohio Oil and Natural Gas Association. “The bottom line is that it should be treated differently than other crude oil.”

Stewart says most of Ohio’s oil is shipped out of state — although refineries in the state are starting to take on this volatile oil.

Finally, the oil is being shipped in outdated tanker cars. The National Transportation Safety Board started recommending in 1991 that oil companies stop using the older model of tanker because they have proven not to prevent spillage and explosions in case of derailments. It renewed its call this January.

“You’ve got one of the most profitable industries in the world looking to save a few dollars at the cost of safety,” said Fred Millar, a Virginia-based rail/hazmat safety consultant who has worked with major cities on safety planning.

Issue creates tensions; changes on the way?

Tension abounds between the oil and rail industries over the shipments, even as railroads court oil producers as customers.

Many carriers — including CSX and the Genesee & Wyoming railroad — actively market their capacity to oil producers. But on the other hand, national railroad officials openly acknowledge differences with the oil industry over safety standards.

“The shippers own the cars and the materials and are responsible for safe packaging and labeling, but we’re the ones liable in case of an accident,” said Holly Arthur, spokeswoman for the American Association of Railroads.

The rail industry last month agreed with the U.S. Transportation Department to voluntarily impose tighter procedures, including:

•  Installing better brakes on trains with 20 or more oil cars.

•  Limiting speeds to 40 mph on trains with 20 or more rail cars in highly populated areas.

•  Increase track inspections on lines that carry trains with heavy oil traffic.

Oil industry officials say they also are trying to improve safety, but have not yet agreed to any specifics. “Our mitigation efforts are looking at topics like tank car design and crude oil testing and classification,” said Jack Gerard, president and chief executive officer for the American Petroleum Institute.

As for the regulators, PHMSA is studying new variations of the domestically produced oil and its potential volatility. It’s also double-checking that domestic oil is property categorized and shipped.

Sacramento Bee editorial calls for delay in crude by rail

Repost from The Sacramento Bee

Editorial: Oil trains require more safety and scrutiny

By the Editorial Board
Published: Thursday, Apr.  3, 2014

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Randall Benton /  A tanker truck drives past train cars containing crude oil at McClellan Park. Until recently, local officials didn’t know the site was being used for oil transfers.

You’d think that local officials would be told when trains full of highly flammable oil are rolling through their cities so  they could be ready for derailments and other emergencies.

But fire officials do not get detailed information on oil shipments from the railroads, and they are only just finding out that as many as 100 train cars filled with crude could be traversing the Sacramento region daily on the way to a proposed terminal at Valero’s refinery in Benicia.

The oil trains would use the Union Pacific line that runs through the downtowns of Roseville, Sacramento, West Sacramento and Davis and that also carries the Capitol Corridor commuter service,  The Sacramento Bee’s Tony Bizjak and Curtis Tate of McClatchy’s Washington bureau reported Wednesday.

Last week,  they reported that since at least September, oil trains have pulled into the former McClellan Air Force Base, where crude is transferred into tanker trucks – without a required air quality permit and without local emergency officials being notified.

What is becoming increasingly – and alarmingly – clear is that regulations and disclosures are not keeping pace with more frequent rail shipments of oil. Local and state officials are right to push for better preparation and training, funded at least partly by railroads and oil companies.

Crude oil coming into California by rail increased from 1 million barrels in 2012 to more than 6 million in 2013, according to the state Energy Commission. Oil companies are shifting to rail because more crude is being pumped out through hydraulic fracturing in North Dakota, Canada and other inland areas.

Some oil from fracking is more flammable than conventional crude, and the safety risk is not hypothetical. Last year, an oil train derailed in Quebec, sparking a massive fireball that killed 47 residents and leveled the entire town center. There’s also the danger of environmental damage.  More crude oil was spilled in U.S. rail incidents last year than in the previous four decades combined.

Federal regulators and the rail industry have cooperated on voluntary safety measures taking effect July 1, including slower speeds through major cities and more frequent track inspections, and are working on better-reinforced tank cars. These common-sense rules should be mandatory.

Californians don’t need to look back too far to see the devastation that can happen when corners are cut on safety and local officials are kept in the dark.

A PG&E pipeline exploded in San Bruno in 2010, killing eight people and leveling nearly 40 homes. Company officials fell down on maintenance and ignored safety threats, even after a similar 2008 blast in Rancho Cordova killed a man and destroyed five homes. Tuesday, a federal grand jury indicted PG&E on 12 criminal counts of violating pipeline safety laws.

Every energy source comes with some risk. It’s good that America is reducing its reliance on foreign oil, particularly from the volatile Persian Gulf. But domestic oil must be transported safely. Rail could be one avenue – but not until safety and disclosure rules are much stronger.