Category Archives: Local Regulation

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.

Maine emergency officials: new fed rules don’t apply to some crude oil trains

Repost from The Bangor Daily News
[Quote: “Railroads that transport crude or refined oil into the state are required to pay a monthly 3-cent per barrel fee into the state oil spill cleanup fund.”     Editor: Seems to me that California – and each county along the rails, and the City of Benicia and other refinery towns – should seriously consider adopting such a fee.  – RS]

New US rail safety rules will not apply to all trains carrying explosive

By Marina Villeneuve, Maine Center for Public Interest Reporting
May 15, 2014

AUGUSTA, Maine — Just as the state has revealed that crude oil shipments by rail have resumed along the state’s rail lines, Maine emergency officials say new federal rules about shipping hazardous materials such as crude by rail don’t go far enough.

For example, the new rules do not apply to trains carrying less than a million gallons of crude or other material, yet such trains can cause explosions such as the recent one in Lynchburg, Virginia.

On Wednesday, officials at the Department of Environmental Protection said they have official reports of trains carrying crude resuming in March, after a four-month lull while crude was shipped by other means, mostly by sea or pipeline.

According to last Wednesday’s federal order on rail safety, carriers must tell state emergency response commissions the routes on which they will transport at least a million gallons of crude oil from the Bakken shale region of North Dakota. Carriers also must estimate how many trains will travel, per week, through each county.

“It doesn’t help us with a mixed train, if it’s a train with other hazardous materials on it or if there’s a train that doesn’t meet that million gallon threshold of 35 cars,” said Bruce Fitzgerald, Maine Emergency Management Agency director. He called the order “a start.”

Each state has such commissions as part of the 1986 Emergency Planning and Community Right-To-Know Act, which requires federal, state and local emergency-planning and industry reports on how hazardous chemicals are stored, used and released. Fitzgerald heads Maine’s commission, which began in 1987.

Since a crude-oil train disaster left 47 people dead in a Quebec village last July, trains carrying the crude oil have derailed and ignited in Virginia, North Dakota, Alabama and in the Canadian provinces of Alberta and New Brunswick.

The order, said Fitzgerald and other officials charged with coordinating emergency response in Maine, fails to answer practical questions about railroad accidents involving hazardous materials, such as who will provide the needed equipment and manpower.

Though it encourages railroads to invest in training and resources for first responders such as firefighters, “there’s no requirement there,” said Mark Hyland, the emergency agency’s director of operations and response.

Robert Gardner, technological hazards coordinator for MEMA, said that by not addressing such issues, this burden remains with state, county and local officials. Safety officials’ best guess at what types of, and how much, hazardous materials are coming through Maine is reading the placard on a stopped train that indicates what it’s carrying.

“If a facility stores a certain amount of chemicals … we’d find out on annual reports if it’s in Maine,” said Gardner. “If a rail car or tractor-trailer is going to Quebec from Massachusetts or from New Brunswick to New York, and they’re not stopping in Maine, we have no idea what those products are. Do they add to the problems that exist already? Or are they different chemicals that we don’t normally see in Maine?”

Gardner noted that when a train operated by Canadian National Railway derailed 16 miles from Maine’s border in Plaster Rock, New Brunswick, this January, five tank cars carrying crude oil and four carrying propane derailed and generated a four-day long fire and huge clouds of orange smoke.

“Trains carrying a smaller quantity wouldn’t fall under this executive order,” he said. A tank car typically carries 30,000 gallons of crude oil.

In March, Pan Am Railways carried 15,545 barrels — or 652,890 gallons — of crude oil into Maine, according to Department of Environmental Protection records. This is down from 385,566 barrels — or 16.2 million gallons — last March, and 70,484 barrels — 3 million gallons — reported last October, the last time Pan Am Railways reported carrying crude into Maine.

Railroads that transport crude or refined oil into the state are required to pay a monthly 3-cent per barrel fee into the state oil spill cleanup fund.

In March 2013, 13 tank cars operated by Pan Am Railways derailed and spilled about one gallon of crude oil near the Penobscot River in Mattawamkeag.

The federal emergency order states that “a pattern of releases and fires involving petroleum crude oil shipments originating from the Bakken and being transported by rail constitute an imminent hazard” as defined under federal code.

Chemicals that come through Maine include sulfuric acid and nitrous acid, according to Gardner.

Hyland said more notification of hazardous materials shipped by rail and better communications with railroads would help Maine emergency response officials better prepare for accidents.

“The communications part is something we’ve had a hard time with,” he said.

On Feb. 7, Fitzgerald sent a letter to Pan Am Railways asking for a list of the top 25 most hazardous materials it shipped through Maine in 2013.

In an email to the Maine Center for Public Interest Reporting, Fitzgerald said he spoke with a Pan Am Railways representative last week.

“They are reluctant to share information with us due to Freedom of Access laws in Maine,” said Fitzgerald, forwarding an August 2013 letter from the Department of Environmental Protection to Pan Am Railways. The letter addresses the company’s request to keep its oil transport records confidential for “security and competition” concerns.

“Our next step is to meet with the railroad in person to discuss our options for how they will share information with MEMA so that we can inform first responders,” said Fitzgerald, who said he hopes to have the meeting scheduled as soon as possible.

Cynthia Scarano, executive vice president at Pan Am Railways — one of the two railroads that have transported crude oil into Maine — did not respond to a request for comment.

Last August, the Association of American Railroads encouraged railroads to provide such information to emergency response agencies upon request, with the condition that officials do not share the list with the public.

Hyland said two emergency drills held in Lincoln this month and in Aroostook County last fall, where railroads helped supply tank cars and locomotives, are examples of “the kind of collaboration we want, training and exercises.”

Pan Am Railways helped provide equipment at the drill in Lincoln, and New Brunswick Southern Railway, Eastern Maine Railway and Maine Northern Railway took part in the Aroostook County drill.

“We want to continue to work with the railroad and be collaborative with them, instead of it being another regulation or a requirement that’s put on them,” said Fitzgerald, adding that if not for the federal government’s order, “we wouldn’t be getting this information.”

The Department of Transportation also issued an advisory urging oil shippers to use tank cars with the “highest level of integrity available” to transport Bakken crude.

MEMA officials said they support phasing out the tank cars most often used to transport crude oil. The cars, known as DOT-111s, have faced criticism since the 1990s for being too prone to puncture.

Peter Nielsen, Maine Municipal Association president, has come out strongly against the federal advisory, saying it sidesteps “20 years of investigations and fact-finding about the rail cars.

“We can follow our Canadian counterparts in banning unsafe DOT-111 tank cars and others known for years to be unsafe in crash situations,” Nielsen said in a press release. “That we lag our Canadian counterparts is embarrassing. Previous [U.S. and Canadian] efforts were made to move forward in concert in improving rail safety, but the U.S.’ weak-kneed measures to date will allow unsafe, rolling stock to remain in service.”

Nielsen wrote to the White House on Monday urging the ban of unsafe tank cars.

Retrofitting the existing 300,000 DOT-111 tank cars in use could cost up to $1 billion and take years, according to industry estimates.

“It’s time for a thorough review of the U.S. tank car fleet that moves flammable liquids, particularly considering the recent increase in crude oil traffic,” Edward Hamberger, the Association of American Railroads president and CEO said last November, calling for the shippers and rolling-stock leasing companies who own the tank cars to phase out and retrofit their fleets.

Irving Oil Ltd. announced in February that by the end of last month, it would convert its fleet to meet U.S. federal standards for tank cars built after October of 2011.

Since last fall, lawmakers and safety advocates have been urging the federal agency responsible for setting such standards to pass new and higher standards. On April 30, the Pipeline and Hazardous Materials Safety Administration filed a notice of proposed rule-making, the next step in the often drawn-out process.

This story is part of the Center’s series “Lessons From Lac-Megantic.” The Maine Center for Public Interest Reporting is a nonpartisan, nonprofit news service based in Hallowell. Email: pinetreewatchdog@gmail.com. Web: pinetreewatchdog.org.

State of Virginia forms Task Force on Railroad Safety & Security

Repost from The Lynchburg News & Advance

McAuliffe names co-chairs of new railroad safety task force

Autumn Parry/The News & Advance  |  May 15, 2014
Olympia Meola Richmond Times-Dispatch
Train derailment
Autumn Parry/The News & Advance – Train derailment – Three CSX tankers sink as they leak crude oil into the James River after the train derailed in Lynchburg on April 30.

Virginia’s secretaries of Transportation and of Public Safety and Homeland Security will co-chair the state’s Railroad Safety and Security Task Force established in the aftermath of the train derailment in Lynchburg that thrust cars carrying crude oil into the James River.

Gov. Terry McAuliffe on Thursday announced leadership of the interagency panel that will also include representatives from the Virginia Department of Rail and Public Transportation, the Department of Environmental Quality, the Virginia Department of Emergency Management, the Virginia Department of Fire Programs, the State Corporation Commission, the Virginia Department of Transportation and the Virginia State Police.

The task force, which will hold its inaugural meeting at 1 p.m. on June 4, will solicit input from the public and present recommended state and federal actions intended to prevent future accidents and ensure the state is prepared should one occur.

The tanker car derailment April 30 in Lynchburg raised concerns over the potential threat to public water supplies in the Richmond area and the ecology of the James River.

The CSX train was carrying 105 tanker cars of crude oil from shale fields in North Dakota to Yorktown. Seventeen of the tanker cars derailed, and a massive fire ensued. Three of the derailed cars tumbled into the James River.

McAuliffe said in a statement that the task force is an important step toward ensuring that Virginia “is doing everything it can to keep our railroads and the communities around them safe, and that we are prepared to respond to incidents like the derailment and fire in Lynchburg earlier this month.”

“I have asked Secretaries [Brian J. Moran] and [Aubrey Layne] to bring our public safety, transportation and environmental protection agencies together to investigate what happened in Lynchburg and make recommendations of how Virginia can work with the federal government to keep our communities and our natural resources as safe as possible.”

Community right-to-know laws: what is in those “bomb trains”?

Repost from International Business Times

After Oil Train Accidents, US Communities Want To Know What’s Inside Rail Freight

By Meagan Clark  |  May 02 2014
North Dakota train explosion A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters

When an oil train derailed and caught fire in Lynchburg, Virginia, on Wednesday afternoon, City Manager Kimball Payne was as surprised as any of the town’s 77,000 residents; he had no idea that crude oil was being moved through town on a regular basis.

The accident, in which three tank cars tumbled into the James River, spilling 20,000 to 25,000 gallons of crude, was just the latest in a series of fiery oil train accidents around the country, which have sparked debate about the safety of freight rail and raised concerns among residents often unaware of the oil, gas and chemicals being transported through their communities.

As crude-by-rail has increased across the country in recent years, increasing 443 percent nationwide between 2005 and 2012, accidents have been on the rise. In the past year, eight explosive accidents, some fatal, have rocked communities from Alabama to North Dakota. Last year, an accident in Quebec caused 47 deaths and the evacuation of more than 2,000 people.

Those accidents are prompting federal regulators to propose, as soon as next week, standards for rail tank cars carrying oil, announced Department of Transportation Secretary Anthony Foxx.

Community right-to-know laws dating from 1986 require facilities to disclose what hazardous chemicals are stored and used in a town, but the laws don’t extend to trains. By federal law, railroad and oil companies don’t have to disclose their exact freight contents or when and how much of their freight will pass through localities.

“Our community has a right to know what’s going on,” Bart Mihailovich, director of the Riverkeepers program at the nonprofit Center for Justice in Spokane, Washington, said. “What trains are traveling through Spokane and the inland northwest, what’s in them, and how dangerous are they? We have a right to know about emergency response plans and the risks we’re assuming by living, working and playing in this area.”

Payne, Lynchburg’s city manager, has lived in the area for 13 years and said he didn’t know trains were carrying oil through the bustling downtown district until the derailment this week.

“But I don’t know what’s on the tractor trucks going through the city every day either,” Payne said. “What would we do if we did know?”

“If anything’s going to be changed, it’s going to have to be changed at the federal level or maybe the state level. I know I have no authority over those railroads.”

The mayor of Casselton, North Dakota, where an oil train crash on Dec. 30 spilled 400,000 gallons of crude and forced the evacuation of residents, estimates that seven or eight trains a day, most carrying oil, pass through the rural town everyday. Edward McConnell remembers the city council had concerns over chlorine riding the rails several years ago. While training the fire department, the town spoke with the state and federal transportation departments about the contents and amounts of freight passing through.

“Their basic answer was when we have an accident, you’ll know what’s in the cars by the placard,” he said. Red diamond-shaped placards with the numbers 1267 designate crude, though not what type of crude, which could indicate how flammable or explosive it is.

“It would be nice to know [more details of the cars’ contents], but I don’t think it’s something that’s going to get much traction,” McConnell said. “Railroads have a lot of friends in Congress, and they’re not going to let too many bills through that [the railroads] don’t want. I’ve been dealing with railroads a lot of years — you can go up against them but at the end of the day they pretty much get what they want.”

Activist Matt Landon has decided the only way to know what’s passing through his neighborhood in Vancouver, Washington, is to track it himself. In April, he organized a group of seven volunteers to count how many oil trains are passing by Vancouver Bluff and, with infrared cameras, to monitor hydrocarbon gas venting out of the tank cars, a phenomenon called burping or off gassing. He hopes his efforts over time will force the government to increase regulation on the rail and oil industries.

“We have to protect our community,” he said. “It’s even hard for first responders to have access to this information. The U.S. government is deciding not to protect our communities so we have to stand up.”

A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters