Category Archives: Local Regulation

Oakland City Council votes to oppose coal, crude oil trains

Repost from Reuters
[Editor: See also “Oakland City Council Votes to Divest from Fossil Fuel Companies”  – RS]

Oakland City Council votes to oppose coal, crude oil trains

By Rory Carroll, San Francisco, June 18, 2014

(Reuters) – The Oakland City Council has unanimously backed a resolution opposing the use of the city’s rail lines to transport crude oil and coal, a move that supporters hope will call attention to proposed projects that would sharply increase the amount of such cargo rolling through the densely populated city.

The resolution will not halt crude oil trains from entering Oakland since U.S. railroads are federally regulated, but backers hope it will stoke debate about plans for export facilities that would boost demand.

Backers of the resolution are particularly concerned about a proposed upgrade to Phillips 66’s Santa Maria refinery that would allow it to take in more crude oil from North Dakota on trains that would pass by rail through Oakland.

They are also worried about the redevelopment of the Oakland Army Base, which includes the building of a commodities facility that they believe will be used to export coal. The coal would also be moved through the city by rail.

“These proposed export facilities are a serious threat to Oakland and the East Bay communities,” said Jess Dervin-Ackerman of the San Francisco Bay Chapter of the Sierra Club.

“If oil and coal companies have their way, the Bay Area will become the biggest fossil fuel export hub on the West Coast,” she said.

The fuels will not be consumed in the Bay Area, she added, but would just pass through the area on their way to overseas markets.

California has in recent years seen a surge in crude oil arriving by rail on the back of an oil boom in North Dakota’s Bakken shale formation and in Canada, prompting safety and environmental concerns.

Crude oil-by-rail shipments into California increased from about 70 rail tanker carloads in 2009 to nearly 9,500 carloads in 2013, according to state regulators. They are projected to soar in the next few years.

Last July, 47 people were killed in Lac-Megantic, Quebec, when a freight train carrying Bakken crude oil derailed and exploded. Since then, there have been a number of fiery derailments in the United States that have caused environmental damage, but no fatalities.

Separately, the Oakland City Council on Tuesday night unanimously passed a resolution to divest money from city employees from fossil fuel companies, although none of that money is currently invested in those types of businesses.

The move is intended to put pressure on the California Public Employees Retirement System (CalPERS), which does hold such investments, to follow suit.

CalPERS is one of the country’s largest managers of public pensions, with $288 billion in retiree assets under management. (Reporting by Rory Carroll, editing by G Crosse)

NRDC – It Could Happen Here: The Exploding Threat of Crude by Rail in California

Repost from Natural Resources Defense Council
[Editor: Excellent resources….  Be sure to see the downloadable fact sheet and blast zone maps for Bakersfield, Benicia, Davis, Martinez, Pittsburg, Richmond and Sacramento that follow below this article.  – RS]

It Could Happen Here: The Exploding Threat of Crude by Rail in California

Diane Bailey  |  June 18, 2014

Key Points

  • More crude oil was transported by rail in North America in 2013 than in the past five years combined. Millions of Californians live near crude-by-rail routes and could face extreme safety risks.
  • Federal regulators have few safeguards in place to protect communities and the environment from accidents, spills and explosions resulting from the race to move millions of barrels of crude by rail.
  • NRDC calls on lawmakers to expedite rules mandating commonsense practices, including removal of defective tank cars, rerouting around sensitive areas, and requiring disclosure regarding the content of all shipments and relevant risks to local residents.
  • Nearly four million Bay Area and Central/San Joaquin Valley residents are at increased risk from oil train accidents occurring with the proliferation of new crude by rail terminal proposals. But dangerous crude oil train derailments are preventable if the mandatory safety measures NRDC recommends are enacted.

Soda cans on wheels. That’s what some call the dangerous rail tank cars that have suddenly become ubiquitous across the American landscape. In the rush to transport land-locked unconventional new crude oil sources, old rail lines running through communities across America are now rattling with thousands of cars filled with crude oil. Neither the cars nor the railroads were built for this purpose. Worse, federal regulators have few safeguards in place to protect communities and the environment from accidents, spills and explosions resulting from the race to move millions of barrels of crude by rail.

More crude oil was transported by rail in North America in 2013 than in the past five years combined, most of it extracted from the Bakken shale of North Dakota and Montana. In California, the increase in crude by rail has been particularly dramatic, from 45,000 barrels in 2009 to 6 million barrels in 2013. As “rolling pipelines” of more than 100 rail cars haul millions of gallons of crude oil through our communities, derailments, oil spills and explosions are becoming all too common. Between March 2013 and May 2014, there were 12 significant oil train derailments in the United States and Canada. As oil companies profit, communities bear the cost.

Californians Living Near Crude By Rail Routes

A new report from the State of California Interagency Rail Safety Working Group outlines serious vulnerabilities along California rail lines including close proximity to many population centers, numerous earthquake faults, a shortage of adequate emergency response capacity, many areas of vulnerable natural resources, and a number of “high hazard areas” for derailments, which are generally located along waterways and fragile natural resource areas. Millions of Californians live near crude by rail routes and could face extreme safety risks. Currently, there are five major new crude by rail terminals in the planning stages and two recently converted crude oil rail terminals that could collectively bring in up to seven or more mile long trains each day through metropolitan areas like Sacramento, putting up to 3.8 million people in harm’s way.

Explosions and Spills Threaten Lives

“Each tank car of crude holds the energy equivalent of 2 million sticks of dynamite or the fuel in a widebody jetliner,” write Russell Gold and Betsy Morris in the Wall Street Journal. In July 2013, an unattended oil train carrying 72 carloads of crude oil from North Dakota exploded in the center of Lac-Mégantic, Quebec, near the U.S. border. The resulting inferno killed 47 people and destroyed much of the town center. Some 1.6 million gallons of crude oil was spilled. In the months following this devastating event, several more North American oil train derailments illustrated the sobering recurring public safety and environmental threats of catastrophic derailments due to the virtually unregulated surge in crude by rail. In 2013, rail cars spilled more crude oil than nearly the previous four decades combined (1.14 million gallons in 2013 compared to 800,000 gallons from 1975 to 2012).

Communities Lack Information And Control Over Hazardous Rail Shipments

Municipalities across the country are demanding increased communication about rail shipments of crude oil through their communities. However, crude oil — and other hazardous materials shipped by rail — have been exempted from the disclosure requirement of the Emergency Planning and Community Right-to-Know Act (EPCRA). While the federal government finally directed rail companies to disclose this critical information to emergency responders, the general public remains in the dark about the nature of mile long tanker trains hurtling through their backyards at dangerous speed. Nobody has a choice about what gets transported through their community, how dangerous the cargo is, how frequently it goes through or whether it could be rerouted to more remote areas. Of the more than 3.8 million Californians who will be put at risk by proposed new crude by rail terminals, most are unlikely to even be aware of the significant new risks that they face.

Outdated and Dangerous Tank Cars Are Used to Carry Crude

Most of the rail tank cars used to carry flammable liquids, including crude oil are old “DOT-111s,” which are widely known to be unsafe. Speaking at a farewell address at the National Press Club in April 2014, outgoing National Transportation Safety Board (NTSB) chairwoman Deborah Hersman repeated a long-held NTSB position that unmodified DOT-111 tank cars — non-pressurized rail tank cars that accident investigators report are easily punctured or ruptured during a derailment — are not safe to carry hazardous liquids. “Carrying corn oil is fine, carrying crude oil is not,” she said.

Thus, in 2009, the NTSB recommended these tank cars be equipped with additional safety features. Since October 2011, new rail tank cars built for transporting crude oil have incorporated these features, such as the use of head shields, thicker tank material, and pressure-relief devices. Yet regulators have not eliminated the use of the older, unmodified DOT-111 cars for carrying oil — out of 39,000 DOT-111 tank cars now used to carry crude, two-thirds still do not meet these modern safety standards. The Department of Transportation, simply recommended that shippers stop using these cars to transport oil, but they do not require it.

Commonsense Safeguards for Crude-by-Rail Are Overdue

In the longer term, our health depends on cleaner, renewable energy and moving away from fossil fuels. In the immediate term, we must tighten safety regulations on the rail transport of crude oil, or run the risk of devastating consequences. NRDC calls on lawmakers to expedite rules mandating commonsense practices, including but not limited to the following:

  1. Remove Defective, Dangerous Tankers from Crude by Rail Service: The existing fleet of dangerous DOT-111 tank cars must be taken out of crude oil service immediately.
  2. Impose Safer Speed Limits: Crude oil unit trains must adhere to speed limits that significantly reduce the possibility of an explosion in the event of a derailment.
  3. Reroute Around Sensitive Areas: The National Transportation Safety Board recommendation that crude oil trains avoid heavily populated areas and otherwise sensitive areas must become mandatory.
  4. Require Disclosure: Information regarding the content of all shipments and relevant risks and emergency procedures should be made accessible to local residents.
  5. Provide Emergency Responder Resources: States should assess fees on shippers and carriers to fully cover the costs of providing emergency response services and safeguarding the public from oil trains, and ensure that there is adequate emergency response capacity.
  6. Make Additional Operational Safety and Oversight Improvements: Unit trains of crude oil and other hazardous materials should be placed in the highest risk category of Hazmat shipments; and many other operational improvements should be made. Additional inspections of crude oil trains are also critical, including the funding necessary for more rail safety personnel.
  7. Exercise Local Government Powers:
    • Local governments and states can require cumulative risk analysis of crude oil rail infrastructure and increased rail traffic.
    • Local governments should thoroughly evaluate all of the environmental and public health and safety risks of crude oil rail terminals that require land use permits or other forms of local approval.
    • Local governments should reject any new crude oil rail terminals within one mile of sensitive sites such as homes, schools, daycares, and hospitals.

Crude oil train accidents are preventable. All Californians should be calling for the crude oil and rail safety standards listed here.

Read More…

Fact Sheet (PDF)

portable document format

Maps: Crude Oil Train
Derailment Risk Zones
in California

Vancouver City Council votes to oppose crude oil train terminal – “unacceptable risks”

Repost from ThinkProgress

Washington City Rejects Massive Oil Train Project, Citing ‘Unacceptable Risks’

By Emily Atkin June 4, 2014

Flanked by hundreds of concerned residents, the City Council of Vancouver in southwestern Washington State voted early Tuesday morning to formally oppose what would be the Pacific Northwest’s largest crude oil train terminal, saying the project poses “unacceptable risks” to the city’s population of 160,000.

The council’s decision came after six hours of testimony from more than 100 residents, most of them opposed to Tesoro Corp.’s plan to develop a large train terminal at the Port of Vancouver, which would receive up to 380,000 barrels of North Dakotan crude oil per day and transfer it to ships bound for West Coast refineries. That amount of oil, which would come through the city on four separate unit trains per day, is just less than half the daily amount that would be transported by the controversial Keystone XL pipeline.

“The Council’s opposition … [is] due to the unacceptable risks posed to the citizens of Vancouver by the terminal and the related transportation of Bakken crude oil through the city,” the resolution, passed 5-2, reads.

The broad, non-binding resolution opposing Tesoro’s proposal also included language that formally opposes any proposal that would result in an increase of crude oil from North Dakota’s Bakken shale being hauled through Clark County. Last July, 47 people were killed in Lac-Megantic, Quebec, when a train carrying Bakken crude derailed. The U.S. Pipeline and Hazardous Materials Safety Administration has warned Bakken crude could be more flammable than regular oil, due to either its unique properties or because of added chemicals from the hydraulic fracturing process used to extract it.

The National Transportation Safety Board (NTSB) also recently made recommendations that crude oil trains stay far away from urban population centers, citing the increasing rate of fiery accidents involving crude oil trains.

Vancouver Mayor Tim Leavitt and Councilor Bill Turlay were the two that voted no against the proposal, with Leavitt saying he didn’t want to make a “political statement” against a single project without having all the facts.

“It’s kind of like back in the Old West, [when] Judge Roy Bean said, ‘We’re going to have a fair trial and hang the guilty bastard’,” Turlay said, according to a report in the Columbian. “Now, that’s not exactly how I want to present this.”

Turlay and Leavitt did join the other councilors in voting for a resolution that would allow the city to actually have a say in the decision-making process over Tesoro’s proposed project. That resolution allowing intervention in the decision-making process gives Vancouver officials the right to present evidence against the project and appeal any decision, which will ultimately be made by the state’s sitting governor, currently Gov. Jay Inslee.

Vancouver City Council urged to oppose Tesoro oil terminal

Repost rom The Columbian
[Editor: The resolution is expected to pass.  – RS]

In Our View: Stopping the Oil Terminal

Vancouver City Council should formally adopt its opposition to proposed project

May 19, 2014

After months of limbering up, members of the Vancouver City Council have taken a swing at a proposed oil terminal at the Port of Vancouver — and smacked one out of the park. Councilors have prepared a draft resolution weighing in on the deal reached last year between port officials and Tesoro Corp. and Savage Companies. They have opposed the proposal in no uncertain terms and have urged government entities that have a say in the matter to rule against it.

The draft resolution will be discussed by the council during a workshop Monday and will receive a public hearing on June 2; council members are expected to vote on the resolution June 16. And while the city has no official decision-making capacity regarding the oil terminal — which would handle up to 380,000 barrels of crude oil per day, arriving by train from the Bakken formation in North Dakota — it has effectively distilled the arguments against the idea. Among the items included in the resolution’s 37 “whereas” statements:

• “Human error, acts of nature and unforeseen disasters are beyond the control of measures proposed for the Vancouver oil terminal project and could have devastating effects on the entire community.”

• There have been several well-documented derailments and explosions of trains carrying Bakken crude, including one in Quebec that killed 47 people.

• The city has invested heavily in a proposed Columbia Waterfront Development, a $1.3 billion project that would result in commercial, residential, and recreational outlets along the banks of the Columbia River — just upriver from the terminal site and in the shadow of the rail tracks used by oil trains.

Each of these is an important aspect deserving of consideration, but the most valid argument from city officials is this: “Whereas the City has a paramount interest in the health, safety and welfare of its citizens and believes that the development of the proposed Tesoro Savage crude by rail oil terminal is contrary to the health, safety and welfare of its citizens and business community.”

These talking points have been presented previously by some on the city council and by many members of the public. But formal adoption of the resolution by council members (four of the seven members have expressed opposition to the terminal) would go a long way toward stopping it in its tracks. The state Energy Facility Site Evaluation Council is reviewing the proposal and will make a recommendation to Gov. Jay Inslee, who will have the final say regarding approval. The city council’s resolution urges both EFSEC and the governor to decline certification of the terminal, and it also urges federal and state lawmakers to tighten regulations regarding the transportation of crude oil.

Most intriguingly, council members request that the Port of Vancouver terminate its lease with Tesoro and Savage. The ability of port officials to do that remains open to interpretation — in part because the lease released to The Columbian under a public-records request contains heavily redacted portions. It is difficult to assess the legal obligations of the port under such a veil of secrecy, which is another reason to question the terminal proposal. If Tesoro and Savage cannot trust the public to know the details, it’s unlikely the public will trust the companies to act in the best interest of the community.

The reasons for opposing the oil terminal are sound and well-considered, having undergone months of scrutiny and discussion. The Vancouver City Council would be wise to formally adopt its opposition.