Another View: No to proposal that would bring oil through Auburn
By: Rosalie Wohlfromm / Guest Columnist
Do you remember back in 2013, when there was a train derailment carrying crude oil in Lac-Megantic, Quebec? That incident resulted in a fiery explosion and caused the death of 47 people.
It has been reported that crude oil from North Dakota and Canada into California would be expected to rise from just 1 percent of total oil imports in 2013 to 25 percent by 2016, according to state energy officials.
This oil would travel by rail through densely populated areas to refineries on the coast. One of these routes is right through our town of Auburn. We could see trains pulling 100 oil tanker cars going past our homes, schools and parks.
Since 2013, we have heard of numerous derailments causing evacuations of citizens from their homes. One of the latest was last February in Lynchburg, Virginia. It is now known that the cause of the derailment was a broken rail, which was missed in two previous inspections.
Oil giant Valero wants to build a massive terminal for oil trains at its Benicia refinery. Union Pacific runs from Reno via Donner Pass, a dangerous route that, according to the Environmental Impact Report for Valero Crude by Rail Project, has only 3.5 percent of Class 4 or 5 track, the quality deemed by the U.S. Dept of Transportation necessary to support daily travel of extremely heavy unit trains made up of over 100 tank cars loaded with crude oil.
The City of Benicia is currently in the process of approving or rejecting the Valero Refinery’s proposed CBR project, which would permit Union Pacific to haul crude oil through Auburn. If this project is approved, Auburn could see oil trains loaded with highly flammable oil from North Dakota running right through our town on their way to Benicia. I ask you to remember what happened in Lynchburg. That could happen here.
Concerned citizens of Benicia are asking for those of us along the rail lines to call or write the City of Benicia City Manager, Brad Kilger, 250 E.L. Street, Benicia CA 94510 or e-mail Planner Amy Million at amillion@ci.benicia.ca.us. Please submit your comments by 5pm on Oct. 30.
HIGHLIGHTS:
• Feds identify broken rail as primary cause
• Flaw detected in two prior track inspections
• CSX, contractor will pay $25,000 in fines
WASHINGTON – Two separate tests in the two months prior to a fiery oil train derailment in West Virginia earlier this year showed the presence of a rail defect, according to a report on the incident.
But neither the railroad nor the contractor who did the tests followed up on the results in December 2014 and January 2015, and the rail broke under a 107-car CSX train loaded with Bakken crude oil. The Feb. 16 derailment near Mount Carbon, W.Va., led to explosions, fires and the evacuation of 1,100 nearby residents.
On Friday, the Federal Railroad Administration said it had issued $25,000 civil penalties against both CSX and Sperry Rail Service, the contractor that performed the rail tests.
The railroad agency recommended that both companies enhance employee training and use improved technology. It also asked CSX to establish a plan to identify and correct track defects on routes used to ship crude oil.
Noting that track flaws are a leading cause of derailments, Sarah Feinberg, the agency’s acting administrator, said railroads hauling hazardous materials need to pay closer attention to track conditions.
“All railroads, not just CSX, must be more diligent when inspecting for internal rail flaws or when contracting out inspection work,” she said in a statement.
In a statement, CSX said it would develop additional inspection processes in collaboration with federal regulators.
“CSX intends to pursue these efforts to their maximum potential as part of our commitment to the safety of the communities where we operate, our employees and our customers,” said Kaitlyn Barrett, a spokeswoman.
According to the agency’s report, 24 of the 27 derailed tank cars sustained significant damage that released oil, fueling fires and explosions even in single-digit temperatures. One resident’s home was destroyed by fire, but no one was seriously injured or killed.
The Mount Carbon wreck was among six oil train derailments in North America this year and one of four in the U.S. All revealed vulnerabilities in the kinds of tank cars used to transport oil, as well as shortcomings in the inspection and maintenance of track and rail car wheels.
In April, the Federal Railroad Administration recommended improved wheel inspections. A broken wheel was suspected in the March 6 oil train derailment near Galena, Ill., though the agency has yet to announce an official cause.
In May, the U.S. Department of Transportation announced its final rule requiring more crash and fire resistance for tank cars used to transport flammable liquids, including crude oil and ethanol.
The recent push for improved track and tank cars in North America followed the July 2013 oil train disaster in Lac-Megantic, Quebec, where 47 people died. On Friday, a U.S. bankruptcy judge approved a $343 million settlement with the families of the victims.
Some states are looking to prevent more derailments and spills, but the freight industry doesn’t want more regulation.
By Daniel C. Vock | August 26, 2015
When it comes to regulating railroads, states usually let the federal government determine policy. But mounting concerns about the safety of oil trains are making states bolder. In recent months, Oregon, Pennsylvania and Washington state have taken steps to strengthen oversight of the freight rail industry.
The three join several other states — mostly led by Democrats — in policing oil shipments through inspection, regulation and even lawsuits. Washington, for example, applied a 4-cent-per-barrel tax on oil moved by trains to help pay for clean-ups of potential spills. The new law also requires freight rail companies to notify local emergency personnel when oil trains would pass through their communities.
“This means that at a time when the number of oil trains running through Washington is skyrocketing, oil companies will be held accountable for playing a part in preventing and responding to spills,” said Democratic Gov. Jay Inslee when signing the measure this spring.
The flurry of state activity comes in response to a huge surge in the amount of oil transported by rail in the last few years. Oil from the Bakken oil fields in North Dakota and nearby states must travel by train to refineries and ports because there are few pipelines or refineries on the Great Plains. The type of oil found in North Dakota is more volatile — that is, more likely to catch on fire — than most varieties of crude.
Public concerns about the safety of trains carrying oil have increased with the derailments in places like Galena, Ill.; Mt. Carbon, W. Va.; Aliceville, Ala.; Lynchburg, Va.; Casselton, N.D.; and especially Lac-Megantic, Quebec, where 47 people died in 2013.
Federal regulators responded to these incidents by requiring railroads to upgrade their oil train cars, to double check safety equipment on unattended trains, and to tell states when and where oil trains would be passing through their borders. This last requirement was hard won. This summer, the Federal Railroad Administration tried to encourage states to sign nondisclosure agreements with railroads about the location of oil trains. After several states balked, the agency relented.
California, Louisiana, New Jersey, Ohio and Oklahoma have all signed nondisclosure agreements, while Idaho, Illinois, Montana, North Dakota, Washington and Wisconsin have refused to do so, according to the Reporters Committee for Freedom of the Press.
A Maryland judge earlier this month ruled against two rail carriers, Norfolk Southern and CSX, that wanted to block the state’s environmental agency from releasing details of their oil shipments. The railroads have until early next month to decide whether to appeal.
“The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret,” wrote reporter Curtis Tate of McClatchy, one of the news organizations that requested the records, “but it is the first court decision recognizing the public’s right to see them.”
Many states want this information so that fire departments and other emergency personnel can prepare for a potential derailment. California passed a law last year imposing clean-up fees on oil shipped by rail. The railroad industry challenged the law in court, but a judge ruled this summer that the lawsuit was premature. Minnesota passed a similar law last year, and New York added rail inspectors to cope with the increase in oil train traffic. A 1990 federal law lets states pass their own rules to prepare for oil spills, as long as those rules are at least as rigorous as federal regulations.
In Pennsylvania, which handles 60 to 70 oil trains a week, Democratic Gov. Tom Wolf asked a University of Delaware expert to help to improve safety of oil trains traveling through the state. The professor, Allan Zarembski, produced 27 recommendations for the state and the railroads. He called on the state to improve its inspection processes of railroad tracks, particularly for tracks leading into rail yards, side tracks and refineries that often handle oil trains. The professor also encouraged the state to coordinate emergency response work with the railroads and local communities.
Zarembski’s suggestions for the railroads focused on how they should test for faulty tracks, wheel bearings and axles. Most major derailments in recent years were caused by faulty track or broken equipment, not human error, he noted in his report.
The derailment of a non-passenger train outside the Smithsonian Metro station last Thursday was caused by a track defect that was discovered on July 9 but not fixed, Metro said.
The transit agency is again facing public scrutiny after the derailment happened as the morning commute got underway that day. A six-car train was leaving the rail yard and gearing up for service near the Smithsonian Metro station.
Metro interim general manager and CEO Jack Requa said the train’s wheels lost contact with the rail due to an infrastructure problem known as “wide gauge.” The rail had widen so much that it caused the wheels to lose grip from the tracks and the train’s eventual derailment.
“The one that was detected was a Code Black defect,” said Metro deputy general manager Rob Troup. “That track should have been taken out of service at that period of time.”
“I want to take this opportunity to again and again apologize to our customers,” Requa said at a Wednesday afternoon news conference.
He said he could not defend the transit agency’s failure to repair the issue prior to the derailment.
“This is totally unacceptable,” said Requa. “It is unacceptable to me and it should be unacceptable to everyone within the chain of command, all the way down to track laborers and track inspectors who are out on the lines on a first-line basis.”
Following the derailment, Requa ordered a system-wide inspection of every mile of track, which could take up to a month to complete. He said customers can expect delays in the coming days as possible additional track repairs are made.
Requa apologized to customers for Thursday’s derailment and delays caused by a power issue the following day.
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