Category Archives: Rail Safety

WALL STREET JOURNAL: The New Oil-Storage Space: Railcars

Repost from the Wall Street Journal

The New Oil-Storage Space: Railcars

U.S. market is so oversupplied with oil that traders are experimenting with a new place for storing excess crude
By Nicole Friedman and Bob Tita, Feb. 28, 2016 9:09 p.m. ET
Rail tanker cars sat on tracks at the Red River Supply Inc. rail yard in Williston, N.D., in February 2015.
Rail tanker cars sat on tracks at the Red River Supply Inc. rail yard in Williston, N.D., in February 2015. PHOTO: DANIEL ACKER/BLOOMBERG NEWS

The U.S. is so awash in crude oil that traders are experimenting with new places to store it: empty railcars.

Thousands of railcars ordered up to transport oil are now sitting idle because current ultralow crude prices have made shipping by train unprofitable. Meanwhile, traditional storage tanks are running out of room as U.S. oil inventories swell to their highest level since the 1930s.

Some industry participants are calling the new practice “rolling storage”—a landlocked spin on the “floating storage” producers use to hold crude on giant oil tankers when inventories run high.

The combination of cheap oil and surplus railcars has created a budding new side business for traders. J.P. Fjeld-Hansen, a managing director for trading company Musket Corp., tested using railcars for storage last year and found he could profit by putting the oil aside while locking in a higher price to deliver it in a later month.

The company built a rail terminal in Windsor, Colo., in 2012 to load oil shipments during a boom in U.S. oil production. Now, Mr. Fjeld-Hansen says, “The focus has shifted from a loading terminal to an oil-storage and railcar-storage business.”

Energy Midstream, a trading company based in The Woodlands, Texas, stored an ultralight oil known as condensate on Ohio railcars last month for about 15 days before shipping it to a buyer in Canada.

Dennis Hoskins, a managing partner at Energy Midstream, says there are so many unused tank cars that he is constantly hearing from railcar owners hoping to put them to use. “We get offers everyday for railcars,” he said.

The use of railcars for storage could be limited by the cost of track space and safety and liability concerns that have followed a string of high-profile transport accidents. Issues range from leaky cars to the risk of collisions and fires.

Federal regulations require railroads that store cars loaded with hazardous materials like oil to comply with strict storage and security measures to keep the cars away from daily rail traffic. Railroads and users face responsibility for leaks, collisions or other mishaps.

“I don’t want the liability,” said Judy Petry, president of Oklahoma rail operator Farmrail System Inc. “We prefer not to hold a loaded car.”

Still, the oil has to go somewhere. The surge in shale-oil production has created a massive glut that the industry is struggling to absorb. BP PLC Chief Executive Bob Dudley joked in a speech this month that by midyear, “every storage tank and swimming pool in the world will be filled with oil.”

Khory Ramage, president of Ironhorse Permian Basin LLC, which operates a rail terminal in Artesia, N.M., said he hears regularly from traders looking to store crude in his railcars.

Crude-storage costs “have been accelerating, just due to the demand for it and less room,” he said. “You’ll probably start seeing this kick up more and more.”

U.S. crude inventories rose above 500 million barrels in late January for the first time since 1930, according to the Energy Information Administration.

The cheapest form of storage—underground salt caverns—can cost 25 cents a barrel each month, while storing crude on railcars costs about 50 cents a barrel and floating storage can cost 75 cents or more. The cost estimates don’t include loading and transportation.

Railcars hold between 500 and 700 barrels of oil, less than a cavern, tank or ship can store.

The use of U.S. railcars to transport large volumes of oil picked up steam a few years ago as a byproduct of the fracking boom. Fields sprung up faster than pipelines could be laid, so producers improvised and shipped their output to market by rail. Companies soon realized railroads offered greater flexibility to transfer oil to whomever offered the best price. Some pipeline companies even joined the rail business, building terminals to load and unload oil. U.S. oil settled Friday at $32.78 a barrel, down nearly 70% from mid-2014.

The plunge in oil prices brought that activity to a halt. Analysts estimate there are now as many as 20,000 tank cars—about one-third of the North American fleet for hauling oil—parked out of the way in storage yards or along unused stretches of tracks in rural areas.

Producers and shippers who signed long-term leases for the cars during the boom are stuck paying monthly rates that typically run $1,500 to $1,700 per car. Traders can pay those prices and still profit. Oil bought at the April price and sold through the futures market for delivery a year later could net a trader $8.07 a barrel, not including storage or transportation costs.

As central storage hubs fill up, oil companies are more willing to pay for expensive and remote types of storage, said Ernie Barsamian, principal of the Tank Tiger, which keeps a database of companies looking to buy and sell oil storage space.

The Tank Tiger posted an inquiry Wednesday on behalf of a client seeking 75,000 barrels of crude-oil storage or space to park 100 to 120 railcars loaded with crude.

Mr. Barsamian likened the disappearance of available storage to a coloring book where nearly all the white space has been filled in.

“You’re getting closer to the edges,” he said.

Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

Repost from The Root Word, ForestEthics Blog
[Editor:  See also the earlier Associated Press story: Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations.  – RS]

News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

By Matt Krogh, March 2, 2016
2015 Paul K. Anderson

In a scathing critique, the US Department of Transportation Inspector General called out the Federal Railroad Administration (which is an agency within DOT) for failing to adequately evaluate or reduce the risks of a catastrophic oil train accident to the American public. The conclusion: The FRA is failing to provide adequate oversight and policing of oil trains, and FRA fails to enforce the rules or prosecute violators when they find dangerous violations.

Oil trains are too dangerous for the rails. The Inspector General makes this point in the first sentence of the review, citing the fatal Lac Megantic oil train disaster. But we’ve heard from far too many local, county, and state officials around the country who believe the federal government is overseeing oil trains and guaranteeing public safety. It’s true that century-old railroad law puts railroads under federal control. That makes sense because a continental railroad system would grind to a halt if it was regulated by thousands of different local and state government entities. But no one should let “pre-emption” or federal-control get in the way of local permitting decisions, especially when it comes to public safety. Especially when it comes to preventing a calamity that could reduce another town to ashes.

This Inspector General report makes it clear the FRA is failing the American people with a good cop/good cop approach when it comes to mile-long oil trains carrying millions of gallons of toxic, explosive crude through US cities and towns.

Here’s some key quotes from the DOT IG report, reviewed in an excellent article by AP reporter Joan Lowy:

the Agency has no overall, national understanding of the risk environment and cannot be sure that the regions consider all appropriate risk factors

This points to a key flaw in FRA oversight: they assume that region-based inspection systems are all that are needed, and fail to look nationally, comprehensively, at the risks of moving oil by train.

…do not take into account risk factors such as the condition of transportation infrastructure, the shippers’ compliance histories, or the proximity of transportation routes to population centers.

This begs the question, what does the FRA look at in risk assessment? Track conditions, how good the individual railroads are at safety, and how close people are living to oil train routes seem pretty important.

FRA issues few violations, pursues low civil penalties, and does not refer possibly criminal violations to the office of inspector general

The FRA turns a blind eye to criminal violations, settles for low fines, and fails to bring in the Office of Inspector General when criminal investigations are warranted. We need a bad cop, folks.

One inspector noted that the Office of Chief Counsel has effectively “numbed” a large portion of inspectors into not writing violations and stated that some inspectors have preconceived notions that violations will not get through the process.

It’s true that the FRA does have inspectors — but the FRA’s buddy culture with the railroads means that hard-working inspectors on the ground have lost faith in the agency’s willingness and ability to regulate railroads.

respondents just smile and cut the check

By respondents the Inspector General means railroads. They don’t argue with miniscule fines, but then why should they? They are happy to pay small fines as a normal operating expense, and get back to moving vast quantities of explosive, toxic crude oil through America’s population centers.

While the specific circumstances of all of these violations may not have warranted maximum penalties, FRA settled for 5.1 percent of the roughly $105.6 million dollars in penalties it could have levied…

No, seriously, the fines are miniscule. FRA is only issuing 5% of the fines they could levy under the law. Wouldn’t it be nice if the highway patrol took the same approach to speeding tickets? It would, but then, the Wild West of our highways would be littered with the smoking wreckage of souped-up Camaros.

By applying the same penalty to all violations of a regulation, FRA is distancing its enforcement actions from the context of the behaviors they are meant to rectify, thus weakening penalties’ deterrent effect. Furthermore, by bundling violations, FRA’s settlement process removes penalty enforcement from the context of each violation and low penalties diminish the potential deterrent effect of the penalties set in the guidelines and the regulatory maximums.

And there you have it: it doesn’t matter the scale or the number of fines you get, you can talk your way out of it in the settlement process.

The Inspector General audit of the Federal Railroad Administration found an agency that fails to understand and regulate the severe threat to 25 million Americans living in the blast zone. When it comes to oil trains the FRA seems to work for the railroad and oil industry, and not the American people. Local and state officials faced with permitting decisions need to recognize their responsibility to protect the public, just as the FRA now needs to do their job when it comes to deadly oil trains.

San Luis Obispo Phillips 66 oil-by-rail hearing packed, continues next month

Repost from the San Luis Obispo Tribune

Phillips 66 oil-by-rail hearing continues next month

By Cynthia Lambert, February 25, 2016 11:11am

HIGHLIGHTS
• After a third all-day hearing, the county Planning Commission will revisit the issue March 11
• Hundreds of speakers have praised or panned the plan to bring crude oil by rail to the Nipomo Mesa refinery
• Supporters stress the refinery’s safety record and jobs; opponents cite environmental worries

A packed room listens to comments on the Phillips 66 oil-by-rail plan Thursday before the San Luis Obispo County Planning Commission.
A packed room listens to comments on the Phillips 66 oil-by-rail plan Thursday before the San Luis Obispo County Planning Commission. David Middlecamp

After a third all-day hearing with more than 100 speakers decrying or praising a plan by Phillips 66 Co. to upgrade its Nipomo refinery to receive crude oil by train, the San Luis Obispo County Planning Commission said Thursday that no decision will be made on the project until March 11 — or even later.

The dozens of speakers Thursday were fairly evenly split on either side of the debate, with supporters stressing the need to maintain about 200 “head-of-household” jobs at the refinery, as well as its long track record of safety and that it’s been a good neighbor in the community.

“The actual crude production in California is going down, not going up,” said Richard Black, a training administrator at Phillips 66’s Rodeo refinery in the east San Francisco Bay Area. “We have to make up the difference from somewhere.”

Opponents, meanwhile, said commissioners should not take into account the company’s safety record or personal relationships. Residents and elected officials from communities along the main rail line from San Francisco to Los Angeles have told commissioners they fear a catastrophic train derailment.

“Their plan is an irreversible disaster,” Nipomo resident Nora Lee said. “The effects will be felt instantly with poisonous air pollution.”

The company has applied to San Luis Obispo County to build a 1.3-mile spur with five parallel tracks from the main rail line to the Nipomo Mesa refinery, an unloading facility at the refinery and on-site pipelines.

The public has another chance to speak March 11 — county planning staff believe they’re nearing the end of public comments — and then the commissioners can ask questions, deliberate and even make a decision, or continue the process once again to a future date.

Whatever decision they make is expected to be appealed to the county Board of Supervisors, and a new round of hearings would be held.

The first two days of the Planning Commission hearing, held Feb. 4 and 5, drew hundreds of people to San Luis Obispo from around the state, with many urging the commissioners to reject the project. Planning staff has recommended denial of the project, which as proposed would allow five trains a week, for a maximum of 250 trains per year to deliver crude oil to the refinery.

Each train would have three locomotives, two buffer cars and 80 railcars carrying a total of about 2.2 million gallons of crude oil, according to county planners.

During a previous hearing day, representatives from Phillips 66 urged the commissioners to approve an alternate plan to allow three trains a week instead of five, or a maximum of 150 trains a year.

The county staff report states that three trains a week — or 150 a year — would reduce the significant toxic air emissions to no longer be considered a “Class 1 significant impact” at the refinery, which refers to the highest level of negative impacts referenced in the project’s final environmental impact report.

But emissions of diesel particulate matter would still remain a “Class 1” impact on-site, according to the staff report, and there would still be 10 “Class 1” impacts along the main rail line, such as impacts to air quality, water resources, potential demands on emergency response services and an increased risk to the public in the event of a derailment.

A few residents brought some audio-visuals along: One person showed a news clip of coverage of a massive train derailment in West Virginia last year; another played an audio recording of what he said a “typical crude oil terminal” sounds like, with train wheels squealing along tracks.

And the commission also watched a video comment from Marilaine Savard, a witness of the 2013 Lac-Mégantic, Québec, oil train disaster.

“Once an oil train derails and catches fire, you and your town will never fully recover,” she said. “Lac-Mégantic was a peaceful and beautiful community, just like San Luis Obispo.”

In response, supporters of the Phillips 66 project said that heavier crude oil — not lighter crude oil from the Bakken field in North Dakota or Canada that was linked to the Lac-Mégantic disaster and was being carried by a CSX train when it derailed in West Virginia — would be type of crude oil that would be transported and can be processed at the refinery.

The commission heard from more than a dozen Phillips 66 employees who work at the Nipomo Mesa refinery or at the company’s other facilities in California, as well as union representatives and other businesses owners and individuals in support of the project.

Rachel Penny, a safety and health professional at the Nipomo Mesa refinery, said she chose to work in the oil and gas industry because “it’s vital to the economy.”

“In order for us to continue providing energy and improving lives, we need crude oil,” she said, noting that the refinery would not be increasing the amount of crude oil processed at the refinery with the project.

“It is the safest company that I’ve ever worked for,” said Jerry Harshbarger, who works in purchasing. “We still have a strong demand for fossil fuels and stopping this project will not stop that demand.”

Another San Luis Obispo resident said the products of gas and oil could be seen throughout the room, and he urged: “We as a community should work toward how to do this.”

“You drive a car and go up to the pump,” Laura Mordaunt said. “A truck is there filled with gas that is way more volatile. Your vehicle parked in your garage is far more dangerous than this process and yet you continue to drive.”

But another local resident, Gary Lester of the opponent organization Mesa Refinery Watch Group, said Nipomo residents moved there knowing the refinery existed and are not calling for it to be closed.

“We respect you as individuals and the work you do,” he said. “We are objecting to the construction of a loud, dangerous, invasive rail terminal just 3,000 feet from our homes.”

Phillips 66 officials have said that California crude oil production is declining and the company is looking for alternate sources outside the state. According to the company’s website, “The proposed change will help the refinery, and the approximately 200 permanent jobs it provides, remain viable under increasingly challenging business conditions.”

An attorney for Phillips 66 said during a previous hearing that crude oil would still come into California by rail should the project be denied — a point that is included in the “no project” alternative as laid out in the project’s environmental impact report, Phillips 66 officials said.

An average of about 6,800 barrels a day of crude oil is already being delivered by truck from the Paloma rail unloading facility near Bakersfield to a pump station east of Santa Maria, where it is moved by pipeline to the Nipomo Mesa refinery. That could increase to 26,000 barrels a day, according to the environmental document, adding about 100 truck trips a day traveling to the pump station for unloading.

If the rail project does not move forward, it’s likely that additional out-of-state crude oil would be brought to various rail unloading terminals in California and transferred to trucks to deliver to the Santa Maria pump station, according to the environmental report.

If this happened, some impacts would be shifted to the area in and around Santa Maria: trucking would generate higher levels of air emissions, resulting in significant cancer risk to the residences in close proximity to the roads; traffic congestion impacts; and potentially significant impacts to biological and water resources from an oil spill because of a truck accident.

California Reps push rail safety amendments, vote no on gutted energy security bill

By Roger Straw, The Benicia Independent, December 6, 2015

California Reps push rail safety amendments, vote no on gutted energy security bill

Benicia’s neighboring congressional representatives, Mark DeSaulnier (CA-11) and John Garamendi (CA-3) co-sponsored TWO important amendments in new legislation passed recently by Republicans in the House.  The amendments were not enough to rescue a fundamentally bad bill.  DeSaulnier, Garamendi and Benicia’s rep, Mike Thompson (CA-5), all voted against passage.  (IMPORTANT: See Reasons below.)

1.  According to a December 3 press release, a measure to improve the safety of crude oil rail shipments across the nation, introduced by Congressman Mark DeSaulnier (CA-11), Congresswoman Nita Lowey (NY-17),  and Congressman John Garamendi (CA-3), was passed in the House by unanimous consent and included as an amendment to the Republican sponsored North American Energy Security and Infrastructure Act (H.R. 8).

The amendment requires the U.S. Department of Energy (DOE) to study the maximum level of volatility that is safe for transporting crude oil-by-rail within one year. Since 2008, oil traffic has increased over 5,000 percent along rail routes leading from production zones in the central continent to refineries and hubs along the coast.

“Crude oil production is at record levels, and railroads are moving more crude oil than ever. For over 25 years, I have represented areas in Contra Costa County which include four oil refineries and two destination facilities for oil-by-rail. This initiative is a first step in addressing concerns of communities, like those in my district, that face threats of environmental degradation, injury, and loss of life due to the unsafe handling of volatile oil in our railroad system,” said Congressman DeSaulnier.

2.  Another amendment to the bill, introduced by Rep. Garamendi, added the single word “transportation” to the section directing the Department of Energy to study “energy security valuation methods.”  According to Rep. Garamendi’s press release:

Energy policy can’t simply focus on “generation” …. “How we transport energy deserves very careful consideration. Too often, these choices are made without consideration of strategies to achieve important policy goals like creating good manufacturing jobs and enhancing our national security. Safety must also be a top concern: oil train traffic has increased by 5,000 percent because of the shale oil boom. The risk of derailments, spills and explosions is very real, and we need a volatility standard to guarantee the safety of the communities this oil traffic passes through. Oil trains can and do pass by major residential neighborhoods and schools in my district, including Davis, Dixon, Suisun and Marysville. I want them to be as safe as possible.”

Reasons…
Garamendi’s press release included his reasons for voting NO on the bill as amended:

Despite the success of his amendments, Congressman Garamendi voted against final passage of H.R. 8. The bill started out as a bipartisan compromise on energy policy before being gutted in favor of a bill that caters to the wish lists of big coal and big oil at the expense of consumers, agriculture and the environment.

“The very same week that leaders across the globe are meeting in Paris to find a worldwide solution to climate change, our Congress is seeking to lock our country into dependence on energy sources like coal and oil that pollute our environment and contribute to climate change,” said Congressman Garamendi. “H.R. 8 would artificially subsidize coal, inhibit the development of clean energy technologies, and reverse progress on energy efficiency. With climate change threatening our planet and way of life, we need to search for new solutions, not drag our country back to the energy policy of the last century.”

Congressman Garamendi was especially troubled by the adoption of an amendment to allow unfettered exports of crude oil without any safeguards for American motorists or industries.“If our country is seeking to become energy independent, it makes zero sense to allow unrestricted exports of our oil overseas,” he said. “It may make more profits for the oil industry, but it won’t help consumers, agriculture, or the refinery industry here at home. It’s a bad idea.”