Category Archives: Local Regulation

Bakken Crude, Crude By Rail, Local Regulation

Martinez Environmental Group: Volatile crude by rail IS a concern

Repost from The Martinez Gazette, Letters

‘Volatile crude by rail IS a concern’

June 26, 2014

Dear Editor,

The front page headline of the June 14-15 edition of the Martinez News-Gazette read: “Crude by rail not a local threat, CAER director says.”   The article covered the recent City of Martinez Public Safety Committee, which convened to examine the Bakken crude by rail issue. The meeting was dominated by CAER director Tony Semenza, who is also principal of a consulting firm that serves a number of major local refineries.

Mr. Semenza was quoted “… there is one train, with up to 100 tanker cars, that originates in Stockton every 7-10 days and ends up at the Kinder Morgan facility in Richmond, traveling via the tracks that parallel Highway 4.” In other words, this train is going right through Martinez! It rolls over the (rusty) Alhambra trestle carrying 3,000,000 gallons of Bakken crude, the same oil that has been exploding all over North America and that killed 47 people in Lac-Megantic, Quebec.  According to maps recently released by the Natural Resources Defense Council, an explosion by an oil train on that track would threaten thousands of Martinez residents and endanger five schools located within the zone of impact.

Minimizing the issue by only focusing on the one present train ignores recent trends and projections for the near future. Only one train now. There were none this time last year.  Next year, if the refineries have their way, there very well could be a drastic increase of oil train traffic through our town. Nationally, crude oil train traffic is skyrocketing, from 9,500 carloads in U.S. in 2008 to 434,000 in 2013.  California crude-by-rail rose an incredible 506 percent just from 2012 to 2013, with a further 24-fold increase expected by 2016. Accidents have also increased across the country.

Just in the past 11 months, there have been nine major derailments of oil trains, involving explosions, evacuations and spills. These trains spilled over a million gallons of crude oil, more than spilled by railroads in the past 37 years combined. And with crude-by-rail projects pending all around Martinez in Benicia, Pittsburg, Rodeo and Santa Maria, we will  see more than just one train every 7-10 days. So, let’s not minimize the risk. Volatile crude by rail IS something we need to be concerned about here in Martinez.

The disappointing part of the Martinez Public Safety Committee meeting was the decision by Mike Menesini and Anamarie Avila Farias to not immediately elevate the issue to the full City Council, despite the current threat to our health and safety. If you live anywhere near the tracks, check out www.mrtenvgrp.com for more information, and write or call your city council to ask them to do something meaningful on this issue quickly. Other Bay Area cities have passed resolutions opposing the passage of crude by rail. Martinez needs to do the same.

Signed,

Martinez Environmental Group Members Aimee Durfee, Tom Griffith, Bill Nichols, Jim Neu, Kathy Petricca, Guy Cooper, Nancy Peacock, Karen & Arnie Wadler

Crude By Rail, DOT-111, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Local Regulation, Massive increase in crude-by-rail, Positive Train Control, Rail inspection, Rail routing, Risk Assessment, State regulation, Train speed

Law professor: 9 ways that STATES can help regulate railroad safety and transportation

Repost from LegalPlanet.org
[Editor:  Federal preemption under the Commerce Clause is NOT the last and only word on regulating crude oil trains.  Here are some suggestions for State regulation by Professor Jayni Foley Hein, executive director of UC Berkeley School of Law’s Center for Law, Energy & the Environment.  – RS]

Oil By Rail: Nine Things California Can Do to Increase Safety

While FRA Considers New Federal Regulations, States Can Ramp Up Prevention and Emergency Response
By Jayni Hein, June 24, 2014

At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by the Commerce Clause, Federal Railroad Safety Act (FRSA), or ICC Termination Act, or all three.

While the Department of Transportation (DOT) and Federal Railroad Administration (FRA) have primary authority over railroad safety and transportation, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal rail safety requirements and conduct inspections. And even with strong federal preemption provisions, there are actions that California and other states can take right now to increase public safety in light of the enormous growth of oil by rail.

Here are nine things the state can do:

1. Prioritize track and rail car inspection.

California has more than 5,000 miles of mainline railroad track. Inspection of track and rail cars is vital, as derailments are the most common type of train accident in the United States. A national analysis of freight train derailments from 2001 to 2010 on the Class I freight railroads’ mainline track found that broken track rails or track welds were the leading cause of derailments. Broken rail car wheels and track obstructions are also common causes of derailments. (Liu, et. al. 2012).

Governor Brown’s new budget includes funding to hire seven additional rail safety inspectors for the CPUC, paid for by rail industry assessments. The state should ensure that it has enough CPUC inspectors to accommodate the projected rise in oil by rail traffic each year. If seven new inspectors are needed right now; we will likely need many more by 2016, when oil by rail shipments are projected to increase as much as 25-fold, to 150 million barrels per year.

2. Obtain robust data on rail routing, rail car contents, and accident causes.

California agencies need more information from FRA and the railroads on routes, frequency, and rail car contents, as well as data on train derailments, their causes, and risk factors specific to crude by rail transit. The state should obtain this data from FRA – a recommendation echoed in the June 10, 2014 California Inter-Agency Working Group Report. The CPUC needs both national data and California-specific data in order to do its job.

3. Conduct an analysis of the risks that crude by rail poses to the state, including identification of high-risk areas of track, and propose specific measures to increase safety.

The legislature should consider requiring an annual report from the CPUC on the specific risks that crude by rail poses to the state, and measures that it can take to increase safety. Voluntary agreements with the railroads may also be an important outgrowth of this state-specific analysis that can inform where and how to direct limited state resources. As previewed above, this state analysis should be guided by the most recent data available from FRA and the railroads.

The legislature could also consider requiring information sharing among the relevant state agencies, including CPUC, Office of Emergency Services (OES), Office of Spill Prevention and Response (OSPR), California Environmental Protection Agency, and more.

4. Require state oil spill contingency plans for trains transporting oil into the state.

SB 1319 (Pavley) would require state oil spill contingency plans for trains transporting oil into the state. Such a state-mandated plan would provide an opportunity to secure better emergency response protection for the environment and public safety.

5. Get access to daily information on oil shipments into California, and ensure that state and local emergency personnel can access this information immediately in the event of an accident.

A recent DOT Emergency Order requires that each railroad operating trains containing more than 1 million gallons of Bakken crude oil, or approximately 35 tank cars, to provide states with weekly notice that includes estimated volumes of Bakken oil  transported per week and routing information.

The state should also have immediate access to real-time shipment information, assuming the technology exists to enable this. The state should also ensure that local emergency response personnel are well trained to deal with any crude by rail accident, and can readily identify the contents of any shipment. Training and information sharing with local emergency response personnel can be paid for by the industry, using a fee or assessment like the 6.5 cent/barrel fee on all oil imports recently approved by the state.

6. Advocate for more stringent federal safety regulations.

Legislative pronouncements, as well as the CPUC’s robust participation in the Rail Safety Advisory Committee (RSAC) are needed to secure better federal standards.

California joins others states such as New York in advocating for more stringent rail car design standards (phasing out DOT-111 cars, for example), mandatory placards on rail cars identifying Bakken crude oil,  expediting Positive Train Control, and requiring electronically-controlled pneumatic brakes on all crude oil trains. The state can also advocate for further federal analysis of possible routing changes, to avoid sensitive population and habitat areas.

7. Monitor compliance with new voluntary measures that the railroads agreed to implement this year.

As part of a February 2014 agreement with DOT, the Class I railroads will perform one additional internal-rail inspection each year than required by the FRA on routes over which trains carry 20 or more tank cars of crude oil, and will conduct at least two track geometry inspections over these routes. The  railroads also agreed to use end-of-train braking systems on all oil trains, and lower train speed in federally-designated “high-threat-urban-areas.”

The CPUC should monitor the railroads’ compliance with these voluntary measures. At the same time, CPUC and the state should advocate for making these voluntary measures mandatory, by issuing new or revised FRA regulations.

8. Consider issuing guidance to local permitting agencies on requirements for offloading facilities and oil refinery expansion.

There are currently at least five crude-by-rail refinery projects being pursued in California: one in Pittsburg, one in Benicia, two in Bakersfield, and one in Wilmington. There is a patchwork of local permitting agencies responsible for land use, air, water, and other local safety and environmental issues that may be relevant to offloading sites and refineries.

Local government and permitting agencies can deny land use and other permits for refineries and offloading facilities if they find safety risks or improper environmental mitigation under statutes like the California Environmental Quality Act (CEQA). But, local agency personnel may have varying levels of expertise in oil and rail issues and may apply permitting criteria inconsistently. As such, the state, through the Office or Planning and Research (OPR), should consider issuing guidance to local permitting agencies on necessary permits and requirements for offloading facility or refinery expansion.

9. Provide guidance on CEQA review and the public comment and participation process, especially relevant to environmental justice communities that may be located near offloading sites or refineries.

While rail accidents can happen anywhere, communities near offloading sites and refineries are especially vulnerable to oil by rail transport risks. The state can provide information and guidance to these communities on opportunities for engagement, comment and participation.

In addition, the state can encourage railroads, industry and refineries to work directly with potentially affected communities to disclose as much information as possible about shipments, safety measures, and how community members can participate in the process to make their communities safer.

Crude By Rail, DOT-111, Federal Regulation (U.S.), Local Regulation, Tank car design

Suburban Chicago mayors criticize crude oil tanker policy making

Repost from ABC7 Chicago Eyewitness News
[Editor: Be sure to read the mayors’ letter to the Obama Administration.  – RS]

Suburban mayors criticize crude oil tanker policy making

By Chuck Goudie, Friday, June 20, 2014

BARRINGTON, Ill. (WLS) — The ABC7 I-Team has new developments in the fight to protect Chicago and the suburbs from dangerous railroad cargo. The very people and groups who would be most affected by a rail tanker calamity, now say they are being excluded from the process of finding a safe solution.

Two suburban Chicago mayors have told the White House that rail industry executives are just “playing the odds” that a fiery tanker explosion will happen away from populated areas- and they say that is a “fool’s game.” Those stinging comments come in a letter to the Obama Administration that is critical of a curtain of secrecy they say has been built around the rulemaking process.

In the suburbs Friday morning, a procession of DOT-111 tankers hauling crude oil toward Chicago is daily evidence here that crude oil transport by rail is up 4000 percent in the past six years. With it, an increase in derailments, fires, explosions, damage and deaths. The original DOT-111 tankers weren’t constructed to handle hazardous, flammable cargo.

So, federal regulators are moving faster on new rules to protect the public. But in a dozen recent meetings between the Obama Administration and officials from the rail, petroleum and chemical industries, the public hasn’t been at the table.

The lack of transparency has Barrington President Karen Darch angry and Aurora Mayor Tom Weisner says their suburban downtowns could be obliterated in a major tanker accident.

Their letter this week to the White House calls for new rules to retrofit or retire the entire current fleet of DOT-111s, and build new tank cars to higher standards. “Anything less,” they state “is a grave disservice to the American public and its expectations that federal regulators are serving their public safety interests.”

One of the nation’s major rail freight operators- CSX- has it’s “safety train” rolling toward stops in northwest Indiana and Chicago. In New York this week, the rolling classroom trains first responders on what to do if a hazmat tanker derails, ruptures and blows up.

“We know there are hazardous materials on rail, on the road, every day in our community. Our key is to be prepared to handle any eventuality,” said Kevin Wisley, Syracuse Emergency Management.

“These cars can still haul products because they meet standards of federal regulations,” said Michael Bethge, CSX HAZMAT manager.

Reporter: “Do you think they are a safe car?”

Bethge: “They are a safe car.”

The CSX safety train will be making stops in Rochester, Buffalo, New York City, and Cleveland before heading through Indiana and to Chicago this summer. By the time the whistle stop tour is over, government officials may be close to fixing a problem that the National Transportation Safety Board first identified 20 years ago when it described the tankers as inadequate.

Bakken Crude, Capitol Corridor, Crude By Rail, DEIR, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Hazmat notification, Local Regulation, Massive increase in crude-by-rail, Rail accidents, Rail inspection, Rail routing, Risk Assessment, Spill prevention and response, Tank car design, Train speed, Valero Benicia Refinery

Sacramento Bee: NRDC report – thousands face the risk of crude oil train spills

Repost from The Sacramento Bee

Advocacy group: Thousands in Sacramento face the risk of crude oil train spills

by Tony Bizjak  |  June 19, 2014

More than 135,000 Sacramentans live within a half-mile of rail tracks and could find themselves in harm’s way should a crude oil train derailment cause a spill, according to a report published Wednesday by the Natural Resources Defense Council in California. The group’s maps show 25,000 residents in Davis within a half-mile of train tracks.

The NRDC study includes maps of rail lines through seven California cities, showing areas likely to require evacuation in case of serious rail incident. It is unclear which lines might carry crude oil trains. Oil companies and railroads closely guard information about crude oil rail movements. NRDC said its analysis of a handful of oil company refinery and terminal projects indicates more than seven trains, each a mile long, could soon run through metropolitan areas daily.

Oil companies increasingly are turning to rail shipments of crude oil, responding to the availability of less expensive deposits in North Dakota and Canada. Diane Bailey, a scientist with NRDC, said the state does not yet have safety measures and adequate emergency response plans in place to handle the expected increase.

The NRDC report follows a report Tuesday authorized by the city of Benicia that said a plan for the city’s Valero Refining Co. to run 100 crude oil train cars a day through Sacramento, Roseville, West Sacramento, Davis and other cities is unlikely to cause a spill.

Those trains could begin operation later this year and are expected to run on the rail line shared by the Capitol Corridor passenger train service. That line loops into Sacramento near Business 80, and runs westward along the top of the downtown perimeter, passing through the downtown railyard, then over the I Street Bridge to West Sacramento. It continues through downtown Davis on its way to Benicia.

Acknowledging the growing concern, federal officials have issued warnings about the potential higher flammability of one crude oil type, Bakken oil, and have been exploring implementing tougher safety designs for crude oil tankers to replace the current fleet, which has been deemed inadequate to safely transport volatile crude oils.

In its report, the NRDC called for officials to:

•  Remove antiquated oil tankers from service.

•  Impose lower speed limits on crude oil trains.

•  Reroute trains around sensitive areas.

•  Require railroads to disclose the contents of trains.

•  Make emergency procedures available to local residents.

•  Assess fees on shippers to cover costs of improved emergency response to incidents.

•  Elevate crude oil trains to the highest risk category for hazardous material shipments.

•  Require oil companies to conduct “cumulative risk analysis” for oil rail infrastructure projects, so that the overall impact of all projects is adequately analyzed.