Category Archives: Public Safety

Phillips 66 refinery plan threatens Rodeo California residents’ safety

Repost from The San Francisco Chronicle, Open Forum

Refinery plan threatens Rodeo residents’ safety

By Janet Pygeorge and Laurel Impett, April 6, 2015 4:08pm
Contra Costa County officials approved a controver sial expan sion of the Phillips 66 refinery in Rodeo. Photo: Rich Pedroncelli / AP / FILE
Contra Costa County officials approved a controver sial expan sion of the Phillips 66 refinery in Rodeo. Photo: Rich Pedroncelli / AP / FILE

The fracking boom in North Dakota and increased recovery of tar sands oil in Canada have prompted dramatic growth in transport of crude oil by rail throughout the United States from regions that pipelines don’t serve. Bay Area refineries and oil and gas companies already are planning for increased rail traffic and expanded operations. These plans are understandably alarming residents because of the potential for oil-train explosions. The Contra Costa County Board of Supervisors, however, does not share this alarm.

The supervisors made that clear in February when they rubber-stamped a proposed operational expansion of the Phillips 66 refinery in Rodeo. Analyses done by Communities for a Better Environment, a nonprofit environmental justice organization that has sued to overturn this approval, show that the refinery’s expansion would significantly increase air pollution, greenhouse gas emissions and public safety risks.

The board’s position defies both science and common sense. This refinery is located in the middle of an earthquake liquefaction zone. Phillips 66 plans to dramatically increase the number of railcars that are regularly staged at the plant; it also plans to begin processing propane and expand its processing of butane, both highly explosive.

The proposal includes plans to store 630,000 gallons of liquid propane about half a mile from homes, churches, a school and a park. And yet the environmental analysis approved by the board claimed that there would be no significant risks associated with this operational expansion.

In the case of a large earthquake, Phillips 66’s operational expansion would place huge swaths of Rodeo at significant risk of death and destruction, with damage radiating from the refinery up past San Pablo Avenue to as far away as where I-80 runs through Rodeo. It is simply unacceptable for our county officials to allow this expansion without requiring stringent attention to public health and safety by putting aggressive safeguards in place.

In terms of air quality impacts, this refinery has a dismal track record. It received more than 200 notices of violation from the Bay Area Air Quality Management District between 2003 and 2014. According to the California Environmental Protection Agency, it is the seventh-most-toxic polluter of all California facilities with large chemical releases. Phillips 66’s proposed changes would significantly increase the level of air pollution the facility produces, but the company used accounting tricks to hide the ball in its air-quality analysis. County officials did not question the refinery’s flawed analytical approach.

The Board of Supervisors showed its hand when it approved Phillips 66’s operational expansion without requiring investments to protect the health and safety of residents. Three different lawsuits have been filed against the county for lack of appropriate oversight in this matter. Contra Costa residents must demand better from local elected officials.

Join us in demanding that the county put an end to approving dirty industry at the expense of the public’s health and safety. Enough is enough.

Ultimately, if elected officials won’t stand up for health and safety, the court should intervene and protect the best interests of this community.

Janet Pygeorge is president of Rodeo Citizens Association, one of the groups that has filed suit in this matter. Laurel Impett is a planner with Shute, Mihaly & Weinberger LLP, the law firm that represents the association.

MINNESOTA PUBLIC RADIO: Seven things you need to know about oil-by-rail safety

Repost from Minnesota Public Radio (MPR)

7 things you need to know about oil-by-rail safety

By Emily Kaiser, Feb 26, 2015
Derailment in Mount Carbon, West Virginia
This aerial Feb. 17, 2015 file photo photo made available by the Office of the Governor of West Virginia shows a derailed train in Mount Carbon, West Virginia. Steven Wayne Rotsch | AP file

Last week’s oil train derailment in West Virginia launched a national conversation about the safety of shipping oil by rail. It’s a topic we’ve been hearing about over the past couple years, especially here in Minnesota, where Bakken oil crisscrosses the state’s rail lines in large volume.

It’s a complex topic combining federal policy with scientific questions. The Wall Street Journal’s Russell Gold has been following the issue closely and spoke to MPR News’ Tom Weber to explain what you need to know.

Here are 7 things you should know about oil transport by rail:

1. The most misunderstood part of crude oil transport by train: It’s very explosive.

“The kind of oil that’s being taken out of the ground in North Dakota and put into these tanker cars is a much lighter oil,” Gold said. “It is a very gassy oil; it has a lot of ethanes, and butanes and propanes dissolved in it. It really does explode and that’s really what’s causing the problems.”

When a set of tanker cars goes up in flames, it can cause 20-story-tall fireballs.

Footage from the West Virigina derailment last week:

2. The amount of crude oil carried by train has increased exponentially in less than a decade.

According to the American Association of Railroads, there were 9,500 rail cars carrying crude in 2008. Last year is was 400,000.

We’ve been moving small amounts of crude by rail for years, but it was one or two cars in long train, Gold said. Now we see 100 to 120 tanker cars all filled with crude oil. That’s 70,000 barrels of crude per train, he said.

3. Once the crude oil is extracted in North Dakota, it has to be transported to the country’s major refineries on the coasts.

Refineries are built to utilize the gases removed from the product. If it was stabilized near the extraction site, North Dakota would have to find a way to use or dispose of the ethane and propane gases that make the oil explosive.

4. Railroads have become “virtual pipelines” for oil.

From a Gold WSJ article:

While these virtual pipelines can be created in months, traditional pipelines have become increasingly difficult to install as environmental groups seek to block permits for new energy infrastructure.

“What we are seeing on rail is largely due to opposition to and uncertainty around building pipelines,” said Brigham McCown, who was the chief pipeline regulator under President George W. Bush . Pipelines, he adds, are far safer than trains.

5. Pipeline leaks and spills are environmental problems. Oil train derailments are public safety issues.

When you have a tank car that derails and starts losing it’s very gassy oil, it’s going to burst into fire rather than leak into waterways, Gold said.

6. If you live close to these rail lines, get in touch with local first responders.

Gold recommends checking with emergency responders nearby and ask if they are properly trained to handle a crude oil train derailment. Make sure your fire chief is in contact with the rail companies to know when major shipments come through your area. Push for decreasing train speed limits and increased track inspection.

7. Can we make the tanker cars safer? Gold gave us the latest:

MPR News Producer Brigitta Greene contributed to this report.

Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

Repost from DESMOGBLOG

Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

2014-08-20, by Justin Mikulka and Steve Horn

While many states around the U.S. have released information to the public about the frequency and routes of trains carrying oil obtained from hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin, holdouts still remain.

Why the delay? Homeland security concerns, claim some companies.

In an ongoing Maryland court case over the issue of transparency for in-state oil-by-rail routes, a July 23 affidavit from Carl E. Carbaugh — director of infrastructure security for Norfolk Southern — goes into extensive detail about the supposed risk presented by terrorism attacks on “Bomb Trains.”

In so doing, Carbaugh mentions Al-Qaeda.

“The most recent edition of Inspire magazine, March 2014, the online, English-language propaganda publication of [Al-Qaeda in the Arabian Peninsula], presents a full-page collage depicting varied images…in order to construct an explosive device,” reads Carbaugh’s affidavit.

“Among these images are a derailed passenger train and a partly covered note paper listing cities in the [U.S.] as well as the terms ‘Dakota’ and ‘Train crude oil.’”

Carbaugh also cited Osama bin Laden, the late Al-Qaeda international ring-leader, in his affidavit.

“Among the materials seized in the May 1, 2011, raid on Osama bin Laden’s compound in Abbottabad, Pakistan, were notes indicating interest in ‘tipping’ or ‘toppling’ trains — that is causing their derailment,” Carbaugh wrote.

Osama Bin Laden Compound Diagram; Image Credit: Wikimedia Commons

Jay Apperson, director of communications for the Maryland Department of the Environment (MDE), told DeSmogBlog that no hearing date has been set yet for Norfolk Southern’s legal complaint nor the companion complaint filed by CSX Corporation.

In its lawsuit filed against the Maryland environment department, CSX deployed similar arguments.

Apperson says both lawsuits were redundant because “we reiterated [to both companies] that we would not release the documents under state open records law until the court challenge is resolved.”

MDE filed a response arguing such in July 25 legal motions issued to CSX and Norfolk Southern.

CSX, according to its website, does not even have any oil-by-rail lines running through Maryland.

Like Old Dominion, Like Garden State

Big Rail has used a similar approach in New Jersey, another state that has not yet publicly-disclosed oil-by-rail route information.

Lee Moore, a New Jersey Department of Law and Public Safety spokesman, explained why to The Record.

“Releasing all of the records, which include the rail lines on which Bakken crude oil is being transported, would pose a homeland security risk,” said Moore.

“Clocks and Windows”

William Larkin Jr., a Republican member of the New York Senate, believes the argument put forward in both Maryland and New Jersey is flawed on its face.

Photo Credit: Office of NY Sen. William J. Larkin, Jr. (R)

“I feel that both the U.S. Department of Transportation and a number of critics seemed to have missed the point, at least the larger point,” Larkin Jr. told the Poughkeepsie Journal on July 20. “[People] already know which rail lines oil companies are utilizing. Clocks and windows provide this information.”

As reported on DeSmogBlog, Big Rail has historically shored up exemptions from “right to know” laws and they have pushed hard to keep it that way.

Security Concerns: Holes in the Story

If the rail companies have serious concerns about terrorism threats to Bakken oil trains, their recent actions call such concerns into question.

Prior to the release of the new proposed oil-by-rail regulations, Big Rail lobbied against any regulations requiring the trains to be attended at all times. And they were successful, as this is not included in the proposed regulations.

Further, Burlington Northern Santa Fe (BNSF) — owned by Warren Buffet, a major campaign contributor to President Barack Obama — is currently in the midst of a stand-off against organized labor. The battle centers around BNSF’s push for single person train operation, trains driven by a one-man ‘crew’ rather than the traditional two member crews.

Warren Buffet (L), President Barack Obama (R); Photo Credit: Wikimedia Commons

Other ways experts have suggested to reduce risks of oil trains include lowering speed limits and stripping volatility of the oil prior to shipping via a process called stabilization.

However, prior to the release of the new proposed DOT regulations, the American Association of Railroads and the American Petroleum Institute both said two things should be off the table: train speeds and mandatory stabilization.

“Citizens for Rail Security”

Despite holes in its narrative about national security risks associated with disclosure of oil-by-rail routes, one measure some companies have taken is to create citizen volunteer security groups.

They appear to be modeled after the U.S. Department of Homeland Security’s “If you see something, say something” program.

Norfolk Southern has a website called “Protect the Line,” in which they ask citizens to “Join the Force.” And BNSF has “Citizens for Rail Security,” which declares, “Communities play a key role in ensuring America’s rail network remains safe from terrorism and criminal activity.”

Photo Credit: “Citizens for Rail Security” Website Screenshot

The contradiction is readily apparent: communities can volunteer to keep the railroads safe, but they are not allowed to get information from the railroads about what they are keeping their communities safe from in the first place.

TSA: Asleep at the Wheel

The Transportation Safety Administration (TSA) oversees and implements rail safety as it pertains to preventing terrorist threats and attacks.

However, records obtained via a recent Freedom of Information request by EnergyWire reveal TSA is asleep at the wheel in this sphere. Worse, it has been for years.

“[A] Freedom of Information Act request from EnergyWire revealed that the agency never followed through with regulations despite an August 2008 deadline,” explains the story. “That means TSA neither keeps railroads’ security plans on file nor reviews them in any standardized fashion.”

It all comes down to priorities. According to EnergyWire’s investigation, a major funding gap exists between security for surface transportation (like rail) and aviation security.

“TSA’s budget for fiscal 2012 set aside $5.25 billion for aviation security, while devoting $135 million to surface transportation security across all modes,” wrote EnergyWire.

When looked at on the whole, a sober reality arises.

That is, while Big Rail trumpets terrorism threat risks in the legal arena to skirt transparency, the industry has concurrently done little to halt the very terrorism threats it claims a desire to stop.

Photo Credit: Justin Mikulka | DeSmogBlog

 

LOCAL OP-ED – Craig Snider: Three reasons to oppose crude by rail

Repost from The Benicia Herald

3 reasons to oppose crude by rail

by Craig Snider, August 9, 2014

WHEN MY FAMILY MOVED TO BENICIA IN 2003, we spent our first week in the Best Western on East Second Street. During our stay we met several workers visiting from refineries in Texas to assist with projects at local refineries. During breakfast, I mentioned to one of them that we had bought a house in Benicia and were waiting to move in. He replied, “I wouldn’t have my family living within five miles of a refinery,” implying that it was unsafe because of the risk of an accident.

We had already purchased our home and were pleased with the location of the town, the high-quality schools, the quaint downtown and the local arts community. At the time, I judged that the prevailing wind direction and rolling hills would likely buffer our home from the effects of any serious accident, such as the recent Chevron fire in Richmond, and that the many Benicia amenities outweighed any risk the refinery posed.

Now we are faced with the prospect of 100 tank cars of crude oil being hauled into Benicia every day. Valero insists this would be safe and warns that without a new facility to offload the crude oil, local jobs, company profits and charitable contributions would be at risk.

I have no doubt that, if necessary, crude oil could be transported by rail to various parts of the country safely and efficiently. We have the technological and engineering expertise to do amazing things these days, and such expertise could readily be applied to the crude oil transport business.

Some in our community scoff at the risk posed by crude by rail (it’s comforting to some that the Quebec derailment that killed 47 people and the many accidents that have since occurred were caused by human error and could have been prevented). Others are horrified at the thought of a similar accident here or elsewhere. They highlight the fact that this crude oil is more volatile and toxic than other types, that an accident here would wreak havoc on our lives, and they want to stop the Valero Crude-by-Rail Project in its tracks.

As I see it, there are three major reasons to oppose the project at this time.

First, simply put, hauling 100 tank car loads of volatile Bakken crude or toxic Canadian tar sands crude raises the risk of an accident relative to the status quo. Benicians already live in the shadow of a refinery; is it really necessary or desirable to add to this risk to satisfy Valero?

Second, rules governing high-hazard flammable trains need to be thoroughly vetted and approved before the Valero proposal can be approved. Between March 2013 and May 2014, there were 12 significant oil train derailments in the United States and Canada, including the Quebec accident. Crude by rail arriving in California was up 506 percent, to 6.3 million barrels, just last year. In fact, more crude oil was transported by rail in North America in 2013 than in the previous five years combined. Yet it wasn’t until the first of this month that regulations were proposed for dealing with this unprecedented increase in “High-Hazard Flammable Trains” (see Federal Register, Aug. 1, 2014, pg. 45,016).

Apparently the Pipeline and Hazardous Materials Safety Administration (part of the U.S. Department of Transportation) expects to issue new regulations governing crude by rail sometime after a 60-day comment period that ends Sept. 30. Oddly, their federal notice includes a brief two-page “environmental assessment” that concludes there will be no significant environmental impacts associated with their proposals. Apparently we are to trust the railroad industry and their minders to do the right thing after they have steadfastly refused to institute train safety mechanisms, such as “Positive Train Control,” that would have saved 288 lives, prevented 6,500 injuries and 139 crashes in the past 45 years. At a minimum, the rules governing high-hazard flammable trains should be subject to a full environmental impact statement as provided by the National Environmental Policy Act.

Such an environmental impact statement might determine that crude-by-rail terminals should be located a minimum distance from residential areas and that crude-carrying trains travelling through metropolitan areas be guided by automated systems that monitor speed, location and rail traffic, so that the potential for human error would be substantially reduced. Such systems currently exist, but have been largely ignored by the railroad companies. These measures need to be studied and decided upon before the Valero proposal is approved.

Finally, what’s the rush? Many would argue that fossil fuel use needs to be curtailed because of greenhouse gas emissions and the environmental havoc caused by ever-more-destructive means of obtaining oil (fracking, tar sands, etc.). Approving the Valero project gives tacit approval to these means, allowing our community to profit at the expense of other people and places. Maybe it’s time to just say no.

Craig Snider is a Benicia resident. He recently retired from the U.S. Forest Service, where he was regional environmental coordinator for the national forests in California from 2003-14.