Category Archives: Fire

Recent Grassroots Victories: Standing Against Big Oil’s Crude-by-Rail Push

Repost from NRDC Switchboard

Standing Against Big Oil’s Crude-by-Rail Push

By Franz Matzner, April 6, 2015

Franz MatznerOver the last few days, we’ve seen a series of grassroots victories that prove we’re not stuck with Big Oil’s plan to foist dangerous fossil fuel infrastructure on communities across the country.

Oil Train Fire.jpg
A March 5, 2015, oil train derailment on the banks of the Galena River in Illinois. (Environmental Protection Agency)

Just last week, TransCanada (of Keystone XL infamy) confirmed that it is dropping a marine crude oil export terminal in Quebec due to environmental concerns, a move that will delay the target opening date for the massive Energy East tar sands pipeline by at least two years.

Across the continent, Big Oil was also dealt two blows against its attempts to import extreme crudes into California by rail. In the face of strong community opposition, midstream oil company WesPac has abandoned its plan to build a rail terminal that would have brought dirty crude oil into the San Francisco Bay Area.

A few years ago, WesPac proposed a rail and marine terminal that would transport 242,000 barrels per day of crude oil–nearly a third of the capacity of Keystone XL–through Pittsburg, CA, a small community of 60,000 residents and then on to Bay Area refineries. The problems with WesPac’s proposal are myriad: it would expose Pittsburg’s population, largely communities of color and low-income communities, to the risks of exploding trains and increased air pollution, and it would require a massive investment in fossil fuel infrastructure at a time when we should be moving toward clean energy solutions.

The project was so ill-conceived that, following comments by NRDC and others, the California Attorney General wrote a letter finding “significant legal problems” with the project’s environmental review documents. Accordingly, the city decided to put the project on hold and revisit its environmental review process. That’s where things stood for over a year, until last week, when WesPac announced that it would drop the rail terminal aspect of the project altogether.

As community and environmental advocates have repeatedly pointed out, oil trains pose serious risks–risks that were highlighted by a series of fiery accidents over the last few weeks. (Notably, some recent accidents have involved Canadian tar sands crude, in addition to a bevy of dangerous mishaps involving North Dakota’s Bakken crude, which has long been known to be highly volatile and has been the culprit in most oil train disasters.)

This win in Pittsburg follows a recent decision by another Bay Area city, Benicia, to withdraw and revise its environmental review documents for a proposed crude-by-rail terminal at Valero’s Benicia refinery. As NRDC and others, including the California Attorney General, pointed out in legal comments, the terminal would pose serious safety and health threats to Benicia and to residents along the rail line. Momentum is also building against another crude-by-rail proposal up for consideration further south in San Luis Obispo County.

These victories show the power of local communities to stop Big Oil in its tracks.

The battle, however, is far from over: Valero is still trying to push forward with its rail terminal, and WesPac’s proposed marine terminal would have significant impacts on the fragile San Francisco Bay Delta and nearby residents. In fact, WesPac’s plans may still include the renovation of long-dormant storage tanks to stockpile large volumes of volatile crude oil, even though those tanks are literally a stone’s throw from homes, churches, and a school.

Train Map.jpg
The proposed WesPac project. (Draft Recirculated Environmental Impact Report, Figure 2-2)

Some critics have used the boom in crude oil trains as evidence that we should allow more pipelines. They offer the false choice of risk from pipelines or risk from oil trains. The truth is more sinister. Big Oil wants more of both. Pipelines and rail serve different geographic areas and often carry different types of oil. The problem is that both forms of transportation have risks, and both bring fossil fuels perilously close to our communities. Clean energy investments do the opposite: they eliminate the dangerous risks of spills and bomb trains, while cutting carbon pollution.

It’s time our elected leaders follow the example of communities across the country by saying “no” to Big Oil and “yes” to clean solutions that accelerate fuel efficiency, electric vehicles, clean fuels, and renewable energy such as solar and wind.

Franz A. Matzner is associate director of government affairs for the Natural Resources Defense Council. His policy background includes energy, climate, and forestry. He previously held the position of senior policy analyst for agriculture and the environment at Taxpayers for Common Sense (TCS). Matzner graduated Phi Beta Kappa from the University of Pennsylvania. He is co-author of the NRDC report “Safe At Home: Making the Federal Fire Safety Budget Work for Communities.”

Benicia City Council to consider rail safety letter to Feds

Repost from The Benicia Herald
[Editor:  Original documents on the City of Benicia’s website:
      – Staff’s Agenda Report
      – Mayor Patterson’s draft letter of support
      – League of Cities letter requesting letters of support & sample letter]

City Council to mull rail safety missive

By Donna Beth Weilenman, April 2, 2015

Mayor Patterson seeks endorsement of letter calling for action to update federal policy on crude oil transport; no conflict seen with pending Valero request

Benicia, California

Mayor Elizabeth Patterson will ask the City Council on Tuesday to endorse a letter supporting the League of California Cities’ call for increased crude-by-rail safety measures.

Christopher McKenzie, the LCC’s executive director, already has sent a letter March 6 on behalf of its board of directors to U.S. Secretary of Transportation Anthony R. Foxx, asking that his department make LCC’s recommendations part of federal policy in governing rail safety.

“The continued increase in the transport of crude oil by rail, combined with recent rail rail accidents involving oil spills and resulting fires, have served to heighten concerns about rail safety among many of our member cities,” McKenzie wrote.

Rail safety, particularly in transport of crude oil from North Dakota’s Bakken fields, has become a growing concern nationwide and elsewhere.

The California Environmental Protection Agency has been presenting a series of forums on the matter, one of which took place March 26 in Crockett, a meeting attended by several Benicia residents who oppose delivery of oil by train.

In another development this week, WesPac Midstream has dropped the crude-by-rail component of its intent to transform a Pacific Gas and Electric tank farm into a regional oil storage site.

In explaining the move Project Manager Art Diefenbach cited uncertainties about prospective changes in regulations of oil shipping by rail, a series of protests and falling crude prices that have made shipping by train less attractive. Should the project be completed, oil would arrive either by ship or pipeline, which Pittsburg Mayor Pete Longmire suggested would make the operation safer and less controversial.

League-of-CA-Cities-LogoIn his letter, McKenzie cited incidents that prompted the LCC to express its own safety concerns and to offer recommendations that might reduce the potential for accidents.

“Specifically, two derailments accompanied by fires involving unit trains (100 or more tank cars) carrying crude oil in West Virginia and in Ontario, Canada, earlier this month have greatly increased public anxiety about what steps the relevant federal regulatory agencies are taking to improve rail safety and on what timetable,” he wrote.

He said the LCC wanted to make three points: First, that improvements that are required of participating industries should be mandates, not recommendations; second, that the mandates should have a hard deadline for implementation; and third, that the Department of Transportation should include the LCC’s recommendations in the final rule for Safe Transportation of Crude Oil and Flammable Materials.

McKenzie wrote that the LCC wants all federal agencies involved in regulating crude-by-rail shipments to require electronically controlled braking systems on trains carrying the sweeter crude from the North Dakota Bakken oil fields, and to set a sooner date for phasing out or retrofitting the older DOT-111 tanks.

More federal money should be directed toward training and equipment for first responders who are sent to hazardous materials accidents, he wrote, and how the funding is to be distributed needs to be defined. In addition, trains should have maximum speed limits in all areas.

His letter said the LCC wants the number of tank cars that trigger a California Energy Commission and State Emergency Response Commission report lowered to 20 from 33, which in turn would lower the trigger point from shipments of 1.1 million gallons or more to those of 690,000 gallons or more.

Priority routes for positive train control, a technology that incorporates geopositioning tracking to slow or halt trains automatically to reduce collisions, should be identified, McKenzie wrote, and parking and storage of tank cards need regulating, too.

He further wrote that railroads should be forced to comply with their Individual Voluntary Agreements with the US-DOT, because currently there is no requirement for them to do so. Those pacts involve reducing speed limits for oil trains that use older tank cars and travel through urban areas; determining the safest rail route; increased track inspection; adding enhanced braking systems; improving emergency response plans and training; increasing track inspections; and working with cities and communities to address their concerns about oil transport by train.

“The League of California Cities understands that this area of regulation is largely preempted by federal law,” McKenzie wrote. “That is why we are urging specific and timely action by the federal agencies charged with regulatory oversight in this area. We do not expect that derailments and accidents will cease altogether, but we anticipate that stricter safety standards will reduce their numbers over time.”

The LCC also has supplied member cities with a sample letter patterned after McKenzie’s message, to customize before sending to Foxx.

In a report to Benicia City Council, City Manager Brad Kilger wrote, “The League Executive Director has requested that cities send letters to the appropriate federal rail safety rulemaking authority requesting that these measures be implemented.”

Since the preparation of the letter template, he wrote, the LCC has learned that any decisions on improved safety regulations would be made in the Office of Management and Budget.

“The mayor is requesting that the city send a letter on behalf of the Benicia City Council,” Kilger wrote.

Consideration of the letter won’t conflict with future consideration of a request by Valero Benicia Refinery to extend Union Pacific Railroad tracks onto its property and make other modifications so it can substitute rail delivery for tanker ship delivery of crude oil, a highly contentious proposition that is currently undergoing environmental review.

“In that the city is currently processing the use permit and EIR (environmental Impact Report) for the Valero Crude-by-Rail Project, I asked the city attorney to determine whether sending a letter requesting rail safety improvements would in any way create a due process issue for the city,” Kilger wrote.

He said City Attorney Heather McLaughlin informed him there would be no conflict because the letter doesn’t take any position on the Valero project or the adequacy of the ongoing environmental review.

“The letter simply urges the adoption of more stringent federal standards for the transportation of crude by rail,” Kilger wrote.

If the Council agrees the letter should be sent to Foxx, it would be signed by Patterson as mayor, and copies would be sent to California’s two U.S. senators, Dianne Feinstein and Barbara Boxer, all members of California’s delegation in the U.S. House of Representatives, the Federal Railroad Administration, the National Transportation Safety Board, the Solano County Board of Supervisors, the Solano Transportation Authority, Kilger, McLaughlin and members of the Council.

The Council will meet at 7 p.m. Tuesday in the Council Chamber of City Hall, 250 East L St.

Federal data: Not many oil trains for Keystone XL to displace

Repost from McClatchyDC News

Federal data: Not many oil trains for Keystone XL to displace

By Curtis Tate, McClatchy Washington Bureau, April 2, 2015 
Congress Keystone
Miles of pipe ready to become part of the Keystone Pipeline are stacked in a field near Ripley, Okla, Feb. 1, 2012. SUE OGROCKI — AP

New data on crude oil shipments by rail released by the Department of Energy this week show that there are relatively few oil trains taking the path of the controversial proposed Keystone XL pipeline.

In its first monthly report on crude by rail, the U.S. Energy Information Administration shows that the bulk of oil shipments by rail are moving from North Dakota’s Bakken region to refineries in the mid-Atlantic and the Pacific Northwest.

Far less is moving from either Canada or the Midwest to the Gulf Coast, the location of 45 percent of U.S. refining capacity. Only about 5 percent of the crude oil moved by rail nationwide in January was bound for the Gulf Coast from either Canada or the Midwest.

A series of derailments has brought increased scrutiny to oil transportation by rail. Since the beginning of the year, four oil trains have derailed in the U.S. and Canada, leading to spills, fires and evacuations.

The White House Office of Management and Budget is reviewing new regulations intended to improve the safety of oil trains. They’re scheduled for publication next month.

Some supporters of the 1,700-mile Keystone project have claimed that it would reduce the need for rail shipments. The pipeline would have a projected capacity of 830,000 barrels a day, and would primarily move heavy crude oil from western Canada to the Gulf Coast.

The government’s new data confirms, however, that the primary flows of oil by rail are not to the Gulf Coast. Northeast refineries, concentrated in Delaware, Pennsylvania and New Jersey, have come to rely heavily on Bakken crude delivered by rail, and to a lesser extent, Canadian oil.

Oil trains have resulted in a 60 percent decline in oil imported to the East Coast from overseas countries, according to EIA.

Of the roughly 1 million barrels a day of oil that moved by rail in January, according to EIA, 914,000 barrels were from the Midwest petroleum-producing district that includes North Dakota, while another 130,000 barrels a day crossed the border from Canada.

In a report last month, the Energy Department projected that shipments of Canadian oil by rail could more than triple by 2016.

The mid-Atlantic region received 437,000 barrels a day from the Midwest district, and only 61,000 barrels from Canada. That’s roughly the equivalent of six or seven 100-car trains, each carrying about 3 million gallons.

Another 171,000 barrels a day from the Midwest, or about two to three 100-car trains, supplied West Coast refineries, mostly in Washington state.

The Gulf Coast region received only 107,000 barrels of oil a day from the Midwest and Canada combined. Another 107,000 barrels came from the Rocky Mountain petroleum-producing district, which includes the Niobrara region of Colorado and Wyoming.

Including oil that comes from west Texas or New Mexico, the equivalent of about three to four 100-car trains arrive at the Gulf Coast every day.

 

THE BASICS: Why oil trains (don’t have to) explode: Everything you need to know

Repost from The Oregonian

Why oil trains (don’t have to) explode: Everything you need to know

By Rob Davis | April 02, 2015 at 1:22 PM
Oil Train Derailment Illinois
Smoke and flames erupt from the scene of an Illinois oil train derailment March 5, 2015. Safety experts say regulators have ignored steps that would make oil trains less likely to go off like a bomb when they derail. (AP/Jessica Reilly)

Crude oil was never supposed to explode.

Then a train pulling 72 cars of it derailed in a tiny town in Quebec in July 2013. The oil turned into a mushroom cloud of flame. It looked terrifying. Watch the first minute of this video:

Forty-seven people were killed that night.

Since then, eight more trains hauling oil have derailed and erupted in flames, drawing scrutiny to a new phenomenon: Crude oil, which once primarily moved in ships and pipelines, is being hauled around North America by rail in unprecedented volumes. More than a million barrels a day now move that way.

The federal government, which regulates train safety, has slowly moved to make oil trains more secure. Regulators are focusing on strengthening the tank cars carrying the oil.

But safety experts say regulators have ignored steps that would make oil trains less likely to go off like a bomb when they derail.

Depending on where it is produced, oil can be dark and thick or light and free flowing. Different amounts of highly flammable gases like propane and butane can be dissolved in it, affecting its volatility. (These are what your backyard gas grill uses.)

Much of the oil moving by rail comes from North Dakota. And what’s coming out of the ground there has been unusually volatile. North Dakota crude moving in Oregon contains far higher levels of propane than similar types of oil.

Some North Dakota crude has been more volatile than gasoline. So when the trains have derailed, the flammable gases within have fueled those sky-high fireballs.

That doesn’t have to happen.

Michael Eyer, a retired Oregon hazardous materials train inspector, said federal regulators could impose a cap on the amount of flammable gas allowed in the oil.

“You would have a fire,” Eyer said. “But you would not have the mushroom cloud in the sky.”

Producers can strip out those highly flammable gases before the oil is loaded for shipment. The process is called stabilization. North Dakota oil regulators estimate it would add $2 to the cost of every barrel.

Less volatile oil could still burn in a derailment, Eyer said. But nearby residents and firefighters responding to train accidents would be safer: Those fireballs don’t just shoot up. They spread, too.

State regulators in North Dakota have set the first ever limit to tame the most volatile crude. It went into effect April 1. It requires a less-intense treatment process that North Dakota regulators estimate will cost 10 cents per barrel.

But Eyer and a crude oil expert say the limit is too high to have widespread impact. The oil that exploded in Quebec in 2013, for example, wouldn’t have been affected.

Harry Giles is a retired federal official who used to oversee crude oil quality for the country’s Strategic Petroleum Reserve. He said North Dakota’s limit should be set lower.

“It would increase the safety and lessen the risk,” Giles said. “Fires would be less intense.”

Compare this fire during a May 2011 derailment northwest of Portland near Scappoose. That’s ethanol — pure grain alcohol — burning. It’s far less volatile than North Dakota crude.

The fire was still dangerous. But firefighters were able to get close enough to put water on the cars. That’s a fire hose spraying at the top of the photo.

Now see what happened after a December 2013 derailment with crude oil in North Dakota.

Look close. That’s a train down there at the bottom.

Stricter limits would reduce the dangers faced by millions of people who live next to rail lines nationwide, Eyer said.

That includes Oregonians like Jamie Maygra, a retired ironworker who lives in Deer Island, along the state’s primary oil train route. He said he worries about the oil’s volatility every time he drives near an oil train with his 2- and 3-year-old granddaughters.

He said he’s frustrated that neither industry nor safety regulators have moved faster to keep people like his granddaughters safe.

“I think about that all the time,” Maygra said. “The chances of that happening are slim, but it’s a lot more with this oil. They don’t care about nothing but money. That’s what’s aggravating. They put profit before people.”

Federal safety regulators say they’re studying what makes the oil so flammable and what could be done. Tim Butters is the administrator of the Pipeline and Hazardous Materials Safety Administration, the federal agency with authority to set limits. He recently told a Congressional committee his agency, known as PHMSA, is looking at ways to remove flammable gases from crude.

But the methods for doing that are already well known. They’re currently used in Texas oil fields, where flammable gases are separated and piped to nearby plants.

Eyer said the agency should move faster.

“The industry needs to figure out what the hell this stuff is and regulators need to say ‘We’re going to act now,’ ” he said. “How many rivers on fire and deaths are needed? What is the price?”

If federal regulators forced North Dakota producers to emulate what happens in Texas, those producers would have to burn or ship the gases they stripped from the oil. Currently, though, North Dakota does not have enough pipelines to move those flammable gases nor a market for them.

Susan Lagana, a PHMSA spokeswoman, said her agency is concerned about the volatility of oil moving by rail. But research is needed to determine exactly what makes the explosions so severe, she said, and what could be done to minimize them.

Eyer and Giles agreed that North Dakota’s volatility limits were too high, but they didn’t agree about what the right level is.

“That’s what we need to know,” Lagana said. “We are willing to consider all options to address making the product safer in transportation.”

The relevant research, being done by the federal Energy Department, should be finished this summer, Butters told Congress. But he didn’t promise any next steps once it’s done.

In the meantime, allowing producers to leave those flammable gases in the oil gives them more profit, allowing them to slightly bulk up the volumes they ship. It’s one reason the oil industry is fighting suggestions to stabilize North Dakota oil.

Don’t blame the oil for explosions, the industry argues. Blame the derailing trains.

“Keeping the trains on the tracks is the only way to ensure that crude… will be transported in the safest possible manner,” Charles Drevna, president of American Fuel and Petrochemical Manufacturers recently wrote.

Solely focusing on tank cars and trains “is not enough,” Eyer said. “The starting point is always what are you putting into the car?”

A bill introduced recently in the U.S. Senate by Democratic Sens. Patty Murray, Maria Cantwell, Dianne Feinstein and Tammy Baldwin proposes limiting the volatility of oil moving by rail. They want the rules in place within two years.

It’s a sign that political leaders have realized the North Dakota oil poses unique risks that could be reduced. A spokeswoman for Sen. Ron Wyden, D-Oregon, said he is tracking the issue and continues talking to federal transportation officials to find ways to address it.