Category Archives: Rail tanker cars

Bakken Shale, Bay Area Air Quality Management District, Bay Area Refineries, Public Health, Public Safety, Rail Safety, Rail tanker cars, Tar sands crude

Environmental groups sue Bay Area Air Quality Management District

Repost from KPIX 5, CBS SF Bay Area

Lawsuit Filed Over Fracked Oil Trains In The Bay Area After KPIX 5 Report

March 28, 2014


RICHMOND (KPIX 5) — Two weeks ago, KPIX 5 discovered trains carrying explosive fracked crude oil have been rolling into the Bay Area under everyone’s radar. On Thursday, four environmental groups have filed a lawsuit over it, calling the crude by rail terminal illegal.

Earthjustice attorney Suma Peesapati had no idea the long trains were coming into the Bay Area until she saw KPIX 5’s story.

“I was flabbergasted,” Peesapati said. “This just happened under the cover of night.”

Fracked crude oil from the Bakken shale fields of North Dakota can result in deadly explosions in a derailment. Yet we discovered the energy company Kinder Morgan started bringing 100-car trains loaded with the oil right into the heart of Richmond six months ago, all without having to go through any environmental review.

“We can’t hold up their permit because there is public opposition. As long as somebody doesn’t increase their emissions, we give them a permit,” Jim Karas of the Bay Area Air Quality Management District told KPIX 5.

Karas said since the rail yard was previously unloading ethanol trains, switching to fracked crude oil was no big deal. “Very small deal, very well controlled, very few emissions,” he said.

According to permit documents obtained by KPIX 5, Kinder Morgan claimed the operation “will not increase emissions beyond currently permitted levels”, and requested that the air district treat it “as an alteration, not a modification”.

“This hardly a minor alteration. I mean this fundamentally changes the nature of the operation and the environmental impacts,” said Peesapati.

Earthjustice filed a lawsuit on behalf of 4 environmental groups: Communities for a Better Environment, Asian Pacific Environmental Network, the Sierra Club, and the Natural Resources Defense Council.

The complaint claims the Air District’s “clandestine approval” of the project “ignores the well-known and potentially catastrophic risk to public health and safety.”

“These trains are rolling and they pose an immediate threat to the local community,” said Peesapati.

“It’s really a slap in the face against the people of Richmond,” said Andres Soto with Communities for a Better Environment. He hopes the courts will take action quickly. And not just because of the danger of explosions.

“There’s a number of chemicals that are constituents in this crude oil that are carcinogenic,” he said.

Adding to the risk, Soto said the tanker trucks that deliver the crude to local refineries. “It’s going to take three trucks to unload one train car and that is an extreme expansion of the number of trips by diesel trucks on our city streets and on our state highways.”

KPIX 5 reached out to Kinder Morgan and the Air District Thursday night. Both said they don’t comment on pending litigation. The lawsuit calls on the Air District to pull Kinder Morgan’s permit, and asks the judge to issue an injunction that would shut down the terminal until a full environmental impact report is completed.

Benicia-Martinez Railroad Drawbridge, Bridge safety, Local Regulation, Rail tanker cars, Santa Maria Refinery

Berkeley Vice Mayor: more crude oil trains to cross Benicia Bridge enroute to Southern California

2 Comments
[The Berkeley resolution: “Opposing transportation of hazardous materials along California waterways through densely populated areas, through the East Bay, and Berkeley]

Several times over recent months, I have been urged to pay attention to a Santa Maria Refinery rail project in San Luis Obispo County.  Phillips 66 wants to import Bakken and tar-sands crude oil into their Santa Maria Refinery on trains with up to 80 tank cars per day.  Community activists there are organizing to oppose that project just as we are here in Benicia.  Until now, I have resisted paying much attention to their efforts.  I have been intentionally Valero-Benicia-focused, given my limited time and resources.

But I was very interested to learn today that Berkeley Vice Mayor Linda Maio has crafted a resolution for the Berkeley City Council “Opposing transportation of hazardous materials along California waterways through densely populated areas, through the East Bay, and Berkeley.”  Vice Mayor Maio acknowledges that local regulation will not be easy: “Mitigating the impacts of transporting crude and other commodities by rail has been a challenge, as the railroads claim they are subject to federal law but not to California law.  They are asserting federal pre-emption and arguing that other agencies have no authority to mitigate the impacts.  However, this is not correct.  Every permitting agency — cities, counties, and air districts — has the authority to deny land use and other permits if the applicant refuses to mitigate impacts.”  She goes on to offer a number of steps the Berkeley Council can take, including the resolution mentioned above.

An impressive effort.  We should take similar action here in Benicia.

Downloading the Maio/Berkeley materials, I noticed maps and text describing Union Pacific tank cars traveling along the Capitol Corridor and right through Benicia to Berkeley and beyond: “The crude oil trains would enter northern California via Donner Pass, through Auburn, Rocklin, and Roseville, proceed along the Sacramento River through Sacramento and Davis to Benicia and along the San Francisco Bay through Martinez, Richmond, Berkeley, Emeryville, and Oakland.  From Oakland the trains would use the Coast Line via Hayward, Santa Clara, San José, Salinas and continue along the Pacific Coast into San Luis Obispo County.  The same tracks are used by Amtrak for passenger transport.”  (see p. 2 of 8)

Capitol Corridor Route MapI really hope Vice Mayor Maio is NOT right about the route of these trains – in a brief search, I could not verify the route on the San Luis Obispo County website.  I am not certain, but it seems there might also be routes that pass southward through Stockton and then westward to Pittsburg and beyond, avoiding the Suisun Marsh and the Benicia Bridge.  But if Maio is right, Benicia is not only preparing for Valero’s 100 cars/day to stop and unload, but another 80 cars/day that would pass right through and over the Benicia Bridge, along the Carquinez Strait to the East Bay and beyond.  This is game-changing and highly significant to those of us who are primarily Benicia-focused.  The cumulative impacts of the crude by rail boom will be huge and many-faceted if we don’t band together statewide.

Stay tuned.  I’ll keep you informed if I can get clear on the route the Santa Maria trains will travel.

Roger Straw
Editor, The Benicia Independent

California Environmental Quality Act (CEQA), California Regulation, Derailment, DOT-111, Oil Industry, Rail industry, Rail tanker cars

California Senate hearing on crude oil train safety, Wednesday 3/19

Repost from Contra Costa Times
Agenda – Joint Hearing on Emergency Response to Rail Accidents 3-19-14 CA Senate
Background – Joint Hearing on Emergency Response to Rail Accidents 3-19-14 CA Senate

Sacramento: Train accidents and emergency response subject of state Senate hearing

By Tom Lochner  Contra Costa Times
Posted:   03/18/2014 02:48:11 PM PDT | Updated:   84 min. ago

SACRAMENTO — Amid public concern over several train accidents and explosions in North America over the past year, and increased transport of crude oil into California by rail, two state Senate committees will hold a joint public hearing on emergency response to rail accidents on Wednesday.

In Northern California, much of the crude-by-rail is headed for Contra Costa County, home to four oil refineries. A fifth refinery is located in nearby Benicia.

There will be presentations by officials of several state agencies responsible for emergency response:

  • Office of Emergency Services
  • Department of Fish and Wildlife, Office of Spill Prevention and Response
  • Department of Forestry and Fire Protection
  • Department of Toxic Substances Control
  • Certified Unified Program Agencies (CUPAS), including the Sacramento County Environmental Management Department

The hearing, by the Environmental Quality and Natural Resources and Water committees, will be at 9:30 a.m. in the California State Capitol, Room 3191, in Sacramento.

Public participation is invited.

The hearing will be televised. More information is available at http://senate.ca.gov/tvschedule. {To access the video, go to this link, note the correct ROOM number – 3191, then click on “Listen To Rooms” at left.  Find the correct room number again, and click. – BenIndy editor RS]

Bakken Shale, DOT-111, Federal Regulation (U.S.), Local Regulation, Rail industry, Rail tanker cars

NY locals, state and feds join together to demand rail reform

Repost from lohud.com The Journal News

Fast-track oil train standards, Rockland officials say

Khurram Saeed, The Journal News    11:20 p.m. EDT March 17, 2014

Officials want tighter regulations and safer tank cars in place for freight trains transporting crude oil through Rockland County.

Congresswoman Nita Lowey and local elected officials and community leaders at a press conference in West Nyack March 17, 2014 demanded new rules to ensure the safe transport of crude oil through the region.(Photo: Ricky Flores/The Journal News)

WEST NYACK –  A small cadre of federal, state and Rockland officials on Monday demanded that the U.S. transportation department boost safety standards for trains that carry crude oil through local communities and environmentally-sensitive areas.

At one point during the press conference held at the rail crossing on Pineview Road, a southbound oil train slowly rolled past. It was hauling dozens of the tank cars, known as DOT-111s, that are prone to rupturing following derailments or collisions.

In December, a train moving 99 empty oil tank cars — each large enough to carry about 30,000 gallons — hit a car carrier at the site but did not derail.

About 14 oil trains move through Rockland each week on CSX tracks, shuttling between Chicago and refineries along the East Coast, a recent Sunday story in The Journal News detailed.

The U.S. Department of Transportation is currently working on stricter standards for transporting crude oil by rail and the tank cars that carry them.

Safe transport of the more volatile crude oil from the Bakken formation in North Dakota must be “fully tackled” by the DOT, U.S. Rep. Nita Lowey said. She said voluntary initiatives by the oil and rail industries were a good start but called for better planned routes, more transparency and improved tank cars.

“The promises of industry just aren’t enough to safeguard the public,” said Lowey, D-Harrison.

Rockland Legislators Alden Wolfe, D-Montebello, and Harriet Cornell, D-West Nyack, on Monday sent a letter to U.S. Transportation Secretary Anthony Foxx asking his office to “fast-track rule changes” endorsed by Lowey and New York senators Charles Schumer and Kirsten Gillibrand.

Several speakers noted CSX’s River Line passes near Lake DeForest and the Hackensack River, which supply hundreds of thousands of residents in Rockland and Bergen County, N.J., with drinking water. An oil spill in the reservoir would be devastating, they said.

“Guess who pays for the catastrophes and clean-ups?” asked Cornell — before explaining it would primarily fall to taxpayers.

Rockland Sheriff Louis Falco said he planned to meet with CSX in the coming weeks. His officers have been checking speeds of trains during the day — they have largely been in compliance, he said — and would soon begin observing them at night.

He also wants CSX to provide a daily list of what is aboard the trains so he can notify local police and fire departments.

“It takes a lot of people working together to make it clear that this is unacceptable,” Lowey said.