Repost from The Huffington Post [Editor: Our friend here in Benicia, Ed Ruszel, has been featured in numerous online blogs and news outlets in this story by Tara Lohan. This is an abbreviated version. The article mistakenly gives a link to The Benicia Independent rather than Benicians for a Safe and Healthy Community. BSHC can be found at SafeBenicia.org. – RS]
The Fight to Stop a Boom in California’s Crude by Rail
By Tara Lohan, 01/08/2015
Ed Ruszel’s workday is a soundtrack of whirling, banging, screeching — the percussion of wood being cut, sanded and finished. He’s the facility manager for the family business, Ruszel Woodworks. But one sound each day roars above the cacophony of the woodshop: the blast of the train horn as cars cough down the Union Pacific rail line that runs just a few feet from the front of his shop in an industrial park in Benicia, California.
Most days the train cargo is beer, cars, steel, propane or petroleum coke. But soon, two trains of 50 cars each may pass by every day carrying crude oil to a refinery owned by neighboring Valero Energy, which is hoping to build a new rail terminal at the refinery that would bring 70,000 barrels a day by train — or nearly 3 million gallons.
And it’s a sign of the times.
Crude-by-rail has increased 4,000 percent across the country since 2008 and California is feeling the effects. By 2016 the amount of crude by rail entering the state is expected to increase by a factor of 25. That’s assuming the industry gets its way in creating more crude-by-rail stations at refineries and oil terminals. And that’s no longer looking like a sure thing.
Valero’s proposed project in Benicia is just one of many in the area underway or under consideration. All the projects are now facing public pushback–and not just from individuals in communities, but from a united front spanning hundreds of miles. Benicia sits on the Carquinez Strait in the northeastern reaches of the San Francisco Bay Area. Here, about 20 miles south of Napa’s wine country and 40 miles north of San Francisco, the oil industry may have found a considerable foe.
Photo by Sarah Craig
A recent boom in “unconventional fuels” has triggered an increase in North American sources in the last few years. This has meant more fracked crude from North Dakota’s Bakken shale and diluted bitumen from Alberta’s tar sands.
Unit trains are becoming a favored way to help move this cargo. These are trains in which the entire cargo — every single car — is one product. And in this case that product happens to be highly flammable.
This is one of the things that has Ed Ruszel concerned. He doesn’t think the tank cars are safe enough to transport crude oil in the advent of a serious derailment. If a derailment occurs on a train and every single car (up to 100 cars long) is carrying volatile crude, the dangers increase exponentially. In 2013, more crude was spilled in train derailments than in the prior three decades combined, and there were four fiery explosions in North America in a year’s span, the worst being the derailment that killed 47 people and incinerated half the downtown in Lac Megantic, Quebec in July 2013.
One of the biggest omissions in Valero’s DEIR was Union Pacific not being named as an official partner in the project. With the trains arriving via its rail lines, all logistics will come down to the railroad. Not only that, but the federal power granted to railroad companies preempts local and regional authority.This preemption is one of the biggest hurdles for communities that don’t want to see crude-by-rail come through their neighborhoods or want better safeguards.
The DEIR also doesn’t identify exactly what kind of North American crude would be arriving and from where. Different kinds of crude have different health and safety risks. Diluted bitumen can be nearly impossible to clean up in the event of a spill and Bakken crude has proved more explosive than other crude because of its chemical composition. It’s likely that some of the crude coming to Valero’s refinery would be from either or both sources.
Public comments on the DEIR closed on Sept. 15, and now all eyes are on the planning department to see what happens next in Benicia.
But the Valero project is just the tip of the iceberg in California.
In nearby Pittsburgh, 20 miles east of Benicia, residents pushed back against plans from WestPac Energy. The company had planned to lease land from BNSF Railway and build a new terminal to bring in a 100-car unit train of crude each day. The project is currently stalled.
But Phillips 66 has plans for a new rail unloading facility at a refinery in Nipomo, 200 miles south of the Bay Area in San Luis Obispo County, that would bring in five unit trains of crude a week, with 50,000 barrels per train.
Further south in Kern County in the heart of oil country, Plains All American just opened a crude by rail terminal that is permitted for a 100-car unit train each day. Another nearby project, Alon USA, received permission from the county for twice as much but is being challenged by lawsuits from environmental groups.
Closer to home, unit trains of Bakken crude are already arriving to a rail terminal owned by Kinder Morgan in Richmond. Kinder Morgan had been transporting ethanol, but the Bay Area Air Quality Management District allowed Kinder Morgan to offload unit trains of Bakken crude into tanker trucks.
Photo by Sarah Craig
With all this crude-by-rail activity, some big picture thinking would be helpful. As Attorney General Kamala Harris wrote about the Benicia project, “There’s no consideration of cumulative impacts that could affect public safety and the environment by the proliferation of crude-by-rail projects proposed in California.”
Repost from McClatchy News [Editor: Once again Curtis Tate has produced an incredible wide-ranging and deep analysis of current issues and developments around crude by rail in the US. This article can serve as a must-read primer on crude by rail. Note that the presentation below is only a rough copy – much better viewing on McClatchy’s website. – RS]
By Curtis Tate, December 31, 2014
TUSCALOOSA, Ala. — Every day, strings of black tank cars filled with crude oil roll slowly across a long wooden railroad bridge over the Black Warrior River.
Curtis Tate / McClatchyDecaying track and bridge conditions on the Alabama southern railroad could pose a risk to Tuscaloosa, Ala., population 95,000. Above, video of trains crossing the bridge.
The 116-year-old span is a landmark in this city of 95,000 people, home to the University of Alabama. Residents have proposed and gotten married next to the bridge. Children play under it. During Alabama football season, die-hard Crimson Tide fans set up camp in its shadow.
But with some timber pilings so badly rotted that you can stick your hand right through them, and a “MacGyver”-esque combination of plywood, concrete and plastic pipe employed to patch up others, the bridge demonstrates the limited ability of government and industry to manage the hidden risks of a sudden shift in energy production.
And it shows why communities nationwide are in danger.
“It may not happen today or tomorrow, but one day a town or a city is going to get wiped out,” said Larry Mann, one of the foremost authorities on rail safety, who as a legislative aide on Capitol Hill in 1970 was the principal author of the Federal Railroad Safety Act, which authorized the government to regulate the safety of railroads.
Almost overnight in 2010, trains began crisscrossing the country carrying an energy bounty that included millions of gallons of crude oil and ethanol. The nation’s fleet of tens of thousands of tank cars, coupled with a 140,000-mile network of rail lines, had emerged as a viable way to move these economically essential commodities. But few thought to step back and take a hard look at the industry’s readiness for the job.
It may not happen today or tomorrow, but one day a town or a city is going to get wiped out.
Larry Mann, principal author of the Federal Railroad Safety Act
In a series of stories, McClatchy has detailed how government and industry are playing catch-up to long-overdue safety improvements, from redesigning the tank cars that carry the oil to rebuilding the track and bridges over which the trains run.
Those efforts in the past year and a half may have spared life and property in many communities. But they came too late for Lac-Mégantic, Quebec, a Canadian lakeside resort town just across the border from Maine. A train derailment there on July 6, 2013, unleashed a torrent of burning crude oil into the town’s center. Forty-seven people were killed.
“Sometimes it takes a disaster to get elected officials and agencies to address problems that were out there,” said Rep. Michael Michaud, D-Maine, a member of the House of Representatives subcommittee that oversees railroads, pipelines and hazardous materials, who’s leaving Congress after six terms.
Other subsequent but nonfatal derailments in Aliceville, Ala., Casselton, N.D., and Lynchburg, Va., followed a familiar pattern: massive fires and spills, large-scale evacuations and local officials furious that they hadn’t been informed beforehand of such shipments.
The U.S. Department of Transportation will issue a set of new rules in January regarding the transportation of flammable liquids by rail.
“Safety is our top priority,” said Kevin Thompson, a spokesman for the Federal Railroad Administration,“both in the rule-making and through other immediate actions we have taken over the last year and a half.”
Nevertheless, McClatchy has identified other gaps in the oversight of crude by rail:
The Federal Railroad Administration entrusts bridge inspections to the railroads and doesn’t keep data on their condition, unlike its sister agency, the Federal Highway Administration, which does so for road bridges.
Most states don’t employ dedicated railroad bridge inspectors. Only California has begun developing a bridge inspection program.
The U.S. Department of Transportation concluded that crude oil from North Dakota’s Bakken shale region posed an elevated risk in rail transport, so regulators required railroads to notify state officials of large shipments of Bakken crude. However, the requirement excluded other kinds of oil increasingly transported by rail, including those from Canada, Texas, Wyoming, Colorado and Utah.
While railroads and refiners have taken steps to reserve the newest, sturdiest tank cars available for Bakken trains, they, too, have ruptured in derailments, and Bakken and other kinds of oil are likely to be moving around the country in a mix of older and newer cars for several more years.
We anticipate that crude by rail is going to stay over the long term
Kevin Birn, director of IHS Energy
Staying power
American railroads moved only 9,500 cars of crude oil in 2008 but more than 400,000 in 2013, according to industry figures. In the first seven months of 2014, trains carried 759,000 barrels a day – that’s more than 200,000 cars altogether – or 8 percent of the country’s oil production, according to the federal Energy Information Administration.
The energy boom, centered on North Dakota’s Bakken region, was made possible by hydraulic fracturing, or fracking, a horizontal drilling method that unlocks oil and gas trapped in rock formations. It was also made possible by the nation’s expansive rail system.
Crude by rail has become a profitable business for some of the world’s richest men. Warren Buffett, the billionaire investor, bought BNSF Railway in 2009. It’s since become the nation’s leading hauler of crude oil in trains. Bill Gates, the Microsoft founder and philanthropist, is the largest shareholder in Canadian National, the only rail company that has a direct route from oil-rich western Canada to the refinery-rich Gulf Coast.
Amid a worldwide slide in oil prices in recent weeks, crude by rail shows few signs of slowing down. The price per barrel of oil has dropped nearly 50 percent since last January. Still, the six largest North American railroads reported hauling a record 38,775 carloads of petroleum the second week of December.
“We anticipate that crude by rail is going to stay over the long term,” said Kevin Birn, director at IHS Energy, an energy information and analysis firm, and a co-author of a recent analysis of the trend.
Regulatory agencies and the rail industry may not have anticipated the sudden increase in crude oil moving by rail. However, government and industry had long known that most of the tank cars pressed into crude oil service had poor safety records. And after 180 years in business, U.S. railroads knew that track defects were a leading cause of derailments.
To be sure, railroads are taking corrective steps, including increased track inspections and reduced train speeds. They’ve endorsed stronger tank cars and funded beefed-up training for first responders.
Ed Greenberg, a spokesman for the Association of American Railroads, the industry’s principal trade group, said railroads began a “top-to-bottom review” of their operations after the Quebec accident.
“Every time there is an incident, the industry learns from what occurred and takes steps to address it through ongoing investments into rail infrastructure, as well as cutting-edge research and development,” he said. “The industry is committed to continuous improvement in actively moving forward at making rail transportation even safer.”
But the industry continues to resist other changes, including calls for more transparency. The dominant Eastern railroads, Norfolk Southern and CSX, sued Maryland to stop the state from releasing information to McClatchy about crude oil trains.
The industry also seeks affirmation from the courts that only the federal government has the power to regulate railroads. The dominant Western carriers, BNSF and Union Pacific, joined by the Association of American Railroads, sued California over a state law that requires them to develop comprehensive oil spill-response plans.
Producers in North Dakota’s Bakken oil fields have been told to make crude is safer before being shipped by rail
By Chris Sorensen, December 10, 2014
After years of insisting oil sucked from North Dakota’s Bakken shale wasn’t inherently dangerous, producers have been ordered to purge the light, sweet crude of highly flammable substances before loading it on railcars and shipping it through towns and cities across the continent.
State regulators said this week that the region’s crude will first need to be treated, using heat or pressure, to remove more volatile liquids and gases. The idea, according to North Dakota’s Mineral Resources Director Lynn Helms, wasn’t to render the oil incapable of being ignited, but merely more stable in preparation for transport.
It’s the latest regulatory response to a frightening series of fiery train crashes that stretches back to the summer of 2013. That’s when a runaway train laden with Bakken crude jumped the tracks in Lac-Mégantic, Que., and killed 47 people in a giant fireball. In the accident’s immediate aftermath, many experts struggled to understand how a train full of crude oil could ignite so quickly and violently. It had never happened before.
Subsequent studies have shown that Bakken crude, squeezed from shale rock under high pressure through a process known as hydraulic fracturing, or “fracking,” can indeed have a high gas content and vapour pressure, as well as lower flash and boiling points. However, there remains disagreement about whether the levels are unusual for oil extracted from shale, and whether the classifications for shipping it should be changed.
Still, with more than one million barrels of oil being moved by rail from the region each day, regulators have decided to err on the side of caution and implement additional safety measures. For producers, that means buying new equipment that can boil off propane, butane and other volatile natural gases. Under the new rules, the Bakken crude will not be allowed to have a vapour pressure greater than 13.7 lb. per square inch, about the same as for standard automobile gasoline. Regulators estimate that about 80 per cent of Bakken oil already meets these requirements.
The industry isn’t pleased. It continues to argue that Bakken oil is no more dangerous than other forms of light, sweet crude, and is, therefore, being unfairly singled out. It has also warned that removing volatile liquids and gasses from Bakken crude would result in the creation of a highly concentrated, highly volatile product that would still have to be shipped by rail—not to mention additional greenhouse-gas emissions. It goes without saying that meeting the new rules will also cost producers money—at a time when oil prices are falling.
In the meantime, regulators on both sides of the border are taking steps to boost rail safety by focusing on lower speed limits, new brake requirements and plans to phase out older, puncture-prone oil tank cars. Earlier this year, Transport Minister Lisa Raitt said Canada would be “leading the continent” on the phase-out of older DOT-111 tank cars, which have been linked to fiery crashes going back 25 years. There are about 65,000 of the cars in service in North America, about a third of which can be found in Canada.
Citing Health Risks, Cuomo Bans Fracking in New York State
By Thomas Kaplandec, Dec. 17, 2014
Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas.
Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it.
Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ”
In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.
For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious re-election campaign in which Zephyr Teachout, a primary challenger who opposed fracking, won about a third of the vote.
The question of whether to allow fracking, which involves injecting large amounts of water, sand and chemicals deep underground at high pressures to release oil and natural gas from rock formations, has been one of the most divisive public policy debates in New York in years. Fracking is occurring in many states, and has boomed in places like Pennsylvania and Texas. Environmental advocates, alarmed by the growth of the practice, pointed to New York’s decision as the first ban by a state with significant natural-gas resources.
Mr. Cuomo, who has prided himself on taking swift and decisive action on other contentious issues like gun control, took the opposite approach on fracking. He repeatedly put off making a decision, most recently citing a continuing — and seemingly open-ended — study by state health officials.
On Wednesday, six weeks after Mr. Cuomo won a second term, the long-awaited health study finally materialized, its findings made public during a year-end cabinet meeting convened by the governor in Albany.
In a presentation at the cabinet meeting, the acting state health commissioner, Dr. Howard A. Zucker, said the examination had found “significant public health risks” associated with fracking.
Holding up copies of scientific studies to animate his arguments, Dr. Zucker listed concerns about water contamination and air pollution, and said there was insufficient scientific evidence to affirm the safety of fracking.
Dr. Zucker said his review boiled down to a simple question: Would he want his family to live in a community where fracking was taking place?
CLICK TO OPEN Document Health Department Report on Fracking in New York State The Cuomo administration decided to ban hydraulic fracturing after concluding that the method posed inestimable public-health risks.
His answer was no.
“We cannot afford to make a mistake,” he said. “The potential risks are too great. In fact, they are not even fully known.”
New York has had a de facto ban on fracking for over six years, predating Mr. Cuomo’s election. In 2012, he flirted with approving a limited program in several Southern Tier counties. But that same year, he bowed to entreaties from environmental advocates, stating instead that his administration would begin a new study on health risks.
Mr. Cuomo had focused much of his attention on trying to improve the economic climate upstate, and fracking appeared to offer a solution to struggling areas atop the Marcellus Shale, a gas-rich rock formation that extends across parts of several states, including New York, Ohio, Pennsylvania and West Virginia.
But there was also strong opposition from groups worried about the effects of fracking on the state’s water supply, as well as on tourism and the quality of life in small upstate communities.
As he traveled around the state, Mr. Cuomo was hounded by protesters opposed to fracking, who showed up at his events and pressed him to impose a statewide ban. Opponents were also aided by celebrities who drew attention to their cause.
Complicating matters, dozens of communities across New York have passed moratoriums and bans on fracking, and in June, the state’s highest court, the Court of Appeals, ruled that towns could use zoning ordinances to ban fracking.
The acting state health commissioner, Howard Zucker, speaking at the meeting. Credit Mike Groll/Associated Press
Local bans, on top of restrictions that the state had planned, put 63 percent of the Marcellus Shale off limits to drilling, said Joseph Martens, the state environmental conservation commissioner. “The economic benefits are clearly far lower than originally forecast,” he said.
On Wednesday, Mr. Cuomo seemed determined to portray both of the day’s major announcements — and their consequences for upstate New York — as decisions made by experts objectively weighing the facts, not by him.
At the cabinet meeting, he conspicuously stumbled on the name of the panel that made the casino recommendations, as if to signal his lack of involvement in its work. And he kept some distance from the fracking decision, saying he was deferring to his health and environmental conservation commissioners.
“I am not a scientist,” he said. “I’m not an environmental expert. I’m not a health expert. I’m a lawyer. I’m not a doctor. I’m not an environmentalist. I’m not a scientist. So let’s bring the emotion down, and let’s ask the qualified experts what their opinion is.”
Nevertheless, environmental groups cast the governor as a hero. Michael Brune, the executive director of the Sierra Club, said, “This move puts significant pressure on other governors to take similar measures to protect people who live in their states.”
Fracking supporters accused Mr. Cuomo of giving in to environmentalists’ efforts to stoke public fears.
Karen Moreau, the executive director of the New York State Petroleum Council, attributed the fracking ban to a decision by the governor “that he wants to align himself with the left.”
“Our citizens in the Southern Tier have had to watch their neighbors and friends across the border in Pennsylvania thriving economically,” she said. “It’s like they were a kid in a candy store window, looking through the window, and not able to touch that opportunity.”
Correction: December 17, 2014 Because of an editing error, an earlier version of this article incompletely described hydraulic fracturing. It is a method of extracting natural gas or oil, not just oil, from deep underground. The error was repeated in the summary.
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