Category Archives: Regional regulation

Bakken Crude, Crude By Rail, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Local Regulation, Regional regulation

Author of the 9/11 Rail provisions: Rail security requires local oversight of Bakken trains

Repost from Government Security News

Rail security requires local oversight of Bakken crude shipments

By Denise Rucker Krepp, 2014-09-09

The District of Columbia Council uncovered a serious homeland security flaw this week that should raise red flags for mayors and town managers around the country. In the nation’s capitol, local transportation officials aren’t conducting oversight over CSX and the goods it transports through the city. Similarly, officials are unfamiliar with the rail carrier’s security policies. DC transportation officials, as traditionally classified by the federal government, aren’t rail stakeholders with a need to know this information.

Rail stakeholders, as defined by the Transportation Security Administration, are class 1 freight railroads (CSX, Norfolk Southern), Amtrak, and regional and short line railroads. Members of these companies advise TSA on rail security matters and TSA provides them with security information. This relationship is further solidified in TSA’s strategic plan. The exclusive club does not include first responders nor local representatives from the communities through which the rail carriers transport goods.

By not including cities and towns as part of their stakeholder group, TSA has weakened the nation’s rail security system. Mayors and town managers control the first responder assets that will be used when the next Lac Megantic or Lynchburg occurs. TSA, however, as DC transportation officials told the DC Council this week, doesn’t require local officials to review rail security plans covering their jurisdiction. Absent a comprehensive review, they won’t know if their assets are sufficient to respond to a significant accident.

TSA’s definition of rail stakeholder was upended this summer when Secretary of Transportation Foxx mandated that rail carriers share information regarding Bakken crude with local officials.  For the first time, a federal department broadened the definition to include first responders and emergency managers. The Implementing Recommendations of the 9/11 Commission Act included information sharing requirements but TSA never followed through with them.

The lack of knowledge is problematic because local officials approve rail permits for projects like the proposed Virginia Avenue Tunnel project in DC. These officials however, have not include homeland security threat information in their permit analysis. They couldn’t. Local officials didn’t have this information before Secretary Foxx’s order. Thankfully, his order will increase the flow of information to local officials and will enable them to finally complete a more thorough analysis before making critical permitting decisions.

It’s my hope that Secretary Foxx’s order will be formalized by the Department of Homeland Security. DHS indicated in its Spring 2014 unified regulatory agenda, that TSA will be drafting regulations concerning rail security plans and other measures outlined in the 9/11 Act. These regulations will firmly establish the federal government’s expectations and one of these should be the inclusion of state and local officials in the decision making process.

Denise Rucker Krepp is an attorney, transportation and energy consultant, former special counsel to DOT and the U.S. Congress, and author of the 9/11 Rail provisions.
County regulation, Crude By Rail, Emergency Readiness & Response, Rail Safety, Regional regulation, Union Pacific Railroad, Valero Benicia Refinery

Solano County to hold “Rail Safety Discussion” on Mon., Sept. 29, 6pm

Repost from SolanoCounty.com News Details
[Editor: this event has been referred to alternately as a “discussion”  a “forum,” an “information session,” a “public meeting,” and a “community conversation,”   Very little has been published to indicate that the County is eager to hear from the public at this meeting.  Nonetheless, governmental meetings always provide an opportunity for the public to be heard.  If you go, plan to learn something from emergency professionals, government officials and staff … and to offer your own sage advice on the best way to contain catastrophic emergencies….  – RS]

Rail safety discussion planned for Sept. 29

September 8, 2014

SOLANO COUNTY – How can emergency responders increase their capabilities to respond to potential incidents that could happen along the 73 miles of railway that cross Solano County?

That is the question to be discussed at an information session from
6 to 8:30 p.m. Monday, Sept. 29, in the Board of Supervisors Chambers at the County Administration Center, 675 Texas St. in Fairfield.

“As we prepare for and anticipate the transportation of crude oil through our county, a community conversation about our preparedness and the potential impact from an incident is essential,” said Supervisor Linda Seifert.

The meeting’s objective will be to raise awareness of the existing safety measures already in place throughout the county and to identify potential gaps and mitigations based on potential changes in rail traffic.

Invited speakers include representatives from Valero, Union Pacific Railroad, Solano County Office of Emergency Services, the Solano County Fire Chiefs Association, and local air quality management districts. Congressman John Garamendi and state Senator Lois Wolk have also been invited to participate.

County officials said the timing of the event was two-fold. September is National Emergency Preparedness Month. In addition, the City of Benicia is considering an application that would allow Valero to receive and process crude oil delivered by rail.

“We know emergency responders from across the county, including the Hazardous Materials Response Team, are prepared for a wide array of potential incidents. Proposals to process crude oil delivered by rail will change the mix of materials coming into and passing through Solano County. It is only prudent for us to explore how to increase our capability to handle the risks associated with these changes,” Supervisor Seifert said.

Draft EIR, Federal Regulation (U.S.), Local Regulation, Regional regulation, Sacramento Area Council of Governments, Valero Crude By Rail

Sacramento Area Council of Governments: Letter critical of Valero DEIR approved

SACOG – representing 6 counties and 22 cities – to file objections by Sept 15 deadline

August 21, 2014
[Editor: This is an edited version of an email by Lynne Nittler of Davis, CA, who attended the meeting.  – RS]

The 28-member Board of the Sacramento Area Council of Governments (SACOG) met on August 21, 2014, and listened to 15 community member comments from Davis, Sacramento, Dixon and Benicia who thanked them for their thorough and well-documented letter on uprail concerns not adequately addressed in the Benicia Valero Crude-by-Rail Project DEIR.  All urged the Board to submit the letter.

In addition, SACOG counsel Kirk Trost, who researched and wrote the letter, explained his efforts to execute their directions and stood by his letter.  A spokesperson from Valero claimed that many of the requests in the letter should be directed to the federal government due to federal preemption.  Union Pacific offered to serve as an information resource as they are not technically involved; however their letter to SACOG (also submitted to the DEIR) stresses federal preemption and states outright, with citations of similar cases, that ”neither SACOG nor its member agencies has authority to  impose the mitigation measures or conditions proposed in the draft Comment Letter on Valero Crude by Rail Project Environmental Impact Report.”

The SACOG Board held to their original plan to submit the letter which they commended and believed stated the truth of the inadequacies of the DEIR.   With just one substitute Director attempting to dismiss or weaken the letter unsuccessfully, the rest of the Board voted to submit the letter.

In the next item on their agenda, the SACOG Board agreed to look at the comments developed by Mr. Trost on the federal DOT Rule-making document presently open for public comment through the end of September.   (For information on how to send your comment to the Pipeline and Hazardous Materials Safety Administration, see Two-month comment period starts for new federal oil train rules.)

It remains to be seen how this all plays out legally, as Valero and UP are powerful players who are used to winning.

The Sacramento Air Quality Management District will shortly send their letter, another strong one, but more narrowly focused on air quality issues.  Also, watch for letters from the cities of Davis (city council on Sept. 2), Sacramento, Roseville, and Colfax.