Category Archives: State regulation

Bakken Crude, Crude By Rail, Emergency Readiness & Response, Federal Rail Administration, Hazmat notification, Niobrara crude, Rail industry, State regulation, Tank car design, Train speed

Oil Boom, Part II: How and why railroads keep oil train information from communities

Repost from Boulder Weekly
[Editor: A good summary on the various states’ responses to weak new federal emergency regulations, and the oil and rail industries’ resistance to same.  – RS]

Oil Boom, Part II: How and why railroads keep oil train information from communities

By Matt Cortina, Thursday, July 31,2014

Last week’s Boulder Weekly cover story “Oil Boom” covered the proliferation of trains carrying volatile crude oil in outdated oil tanks through the hearts of Longmont, Boulder and Louisville. With industry estimates of an oil boom in the nearby Niobrara shale formation, Boulder County residents can expect that the risk of a potential explosion from an oil train will increase over the next decade.

On the day that story was published, documents were leaked from the state of Washington’s Military Department that showed the U.S. Department of Transportation and U.S. railroad companies like Burlington Northern Santa Fe (BNSF) and Union Pacific pressured states to keep information about oil trains concealed from the public.

And so this brief part II to “Oil Boom” will take a look at why railroads are not required to tell citizens about oil trains, why this information needs to be a secret at all and how railroads are now working to enact soft oil transportation standards in order to save billions in revenue.

• • • •

Railroad companies have never been required to tell citizens, municipalities or states the contents of their train cars. Then, in May, the U.S. Department of Transportation ordered railroad companies to disclose to state emergency responders how many trains carrying one million gallons or more of crude oil from the Bakken shale region in North Dakota were coming through that state. This came after nine oil trains, many carrying Bakken crude oil, exploded or derailed in the last 12 months in the U.S. and Canada.

In response, railroad companies asked states to sign a confidentiality request form that would keep that information from being passed on to the public. Some states like California, New Jersey and Virginia signed the agreement. Colorado did not sign the agreement, but did ultimately decide to keep the information confidential.

Conversely, some states, such as Washington, North Dakota and Wisconsin, decided to make the information public. This was not without contention from the rail companies. When Montana said it would do the same, BNSF promptly wrote to the state that it would consider legal action to keep the information hidden.

And in Washington, one state official wrote in an email (obtained by DeSmogBlog), “looks like UP is trying to put the burden on us vis-à-vis information transfer on oil trains,” noting that Union Pacific’s confidentiality request claimed states were requesting information about Bakken crude oil shipments, instead of that railroads are now required to share that information.

All this fuss from railroad companies concerns just one mandate on one very large amount of oil from one of several drilling areas nationwide. And that information doesn’t need to be sent until 30 days after trains pass through the state.

This mandate is effectively irrele vant for Boulder County. Crude oil shipped through the county comes from the Niobrara in Northern Colorado. Transporting this crude, like everything that’s not one million gallons of Bakken crude, does not require notification even though it can still overheat and explode and it is still shipped in outdated, dangerous tanks.

What is relevant is that the Niobrara shale region has been deemed by the oil and gas industry as the “next Bakken” region, so legislation and precedent for that region will affect how crude oil is transported through Boulder County in the future.

Now, railroads can keep the majority of oil train information hidden from the public because they have help from federal and state officials.

For instance, in ordering railroads to share Bakken crude oil train information with local emergency responders, the U.S. Department of Transportation also encouraged states to keep that information from the public in a FAQ that accompanied the emergency order.

Mark Davis, Union Pacific regional media director, says the issue is that railroads could face “security” issues if conservative monthly data about crude oil transportation is made public.

“A lot of that is the historic security concerns that were started following 9/11,” says Davis. “I know that is something that on the security side, that from a federal standpoint, they’re taking a look at and reviewing that process.”

Davis added that he was “not sure” if any actual threats to Union Pacific oil trains have been recorded, but that the security detail on crude oil transport via rail is “massive” and involves national, state and local authorities.

According to Dave Hard, director of the Colorado Division of Emergency Management, the state of Colorado is keeping what little oil train information it does receive hidden from the public not because of security concerns but because it is “business confidential.”

“The original guidance we received from the Department of Transportation […] made it clear that at the time, the federal D.O.T. considered it security sensitive and business confidential,” Hard says.

Hard says his department and the Colorado Department of Public Health and Environment and the Colorado Department of Public Safety then reviewed the Colorado Open Records Act (CORA) standards and agreed that crude oil shipments were still “not subject to public disclosure.”

“They still maintain business confidentiality viewpoints. The state is still honoring that [all oil train information] is not for public disclosure, it is for the purposes of preparing [emergency response personnel],” Hard says.

Railroads are also subject to the Emergency Planning and Community Right-to-Know Act, which requires them to report the transport of hazardous materials to local and state emergency responders. But, for some reason, petroleum products including crude oil are exempt from this mandate.

The bottom line is that railroads are privately owned and not required to notify anyone of the contents of their trains. They are, at least, required to make their transport of volatile materials safe.

The Department of Transportation recently issued safety recommendations for railroads carrying crude oil. These recommendations included updated tank cars, new routing systems and reducing the speed of oil tank cars.

But railroads like BNSF, Union Pacific and CSX said implementing these safety measures would be too costly.

In a presentation to the White House Office of Information and Regulatory Affairs, which will amend and codify the safety standards introduced by the Department of Transportation, presenters for the railroads laid out the costs of implementing moderate safety measures.

First, railroads would pay $2.8 billion for capital improvements to railways across the country. Reducing the speed of trains would call for oil companies to build more tankers to the tune of $1.5 billion in order to maintain supply quotas. Reducing train speed would also cost the railroads themselves about $630 million per year because they’d have to pay for additional crew, fuel costs and “lost productivity of track maintenance workers.”

Train speed and outdated tank cars are by far the most common cause of derailments and explosions. Tank cars are not built for modern crude oil and train speed has many times caused modern volatile crude oil to overheat and explode.

BNSF went on to say that implementing these safety measures would take about four years and would result in “the immediate loss of existing business” and growth would be stifled.

Railroad officials and lobbyists are currently working beside federal lawmakers to carve out the new safety and notification rules for crude oil by rail transport. Initial regulations could come as soon as this year.

 

Bakken Crude, Crude By Rail, Derailment, DOT-111, Explosion, Federal Regulation (U.S.), State regulation

Video documentary: Bomb Trains: The Crude Gamble of Oil by Rail

Repost from Vice News
 [Editor: The best-yet video on oil by rail – an excellent 23-minute documentary on the North American crisis in oil production and transport.  Primary coverage of dangers in the Pacific Northwest, but also giving an overview of the massive increase in Bakkan production, DOT-111 rail cars and industry lobbying against federal and local attempts to regulate.  Highly recommended.  To embed this video elsewhere go to its Youtube location.  – RS]

Bomb Trains: The Crude Gamble of Oil by Rail

It’s estimated that 9 million barrels of crude oil are moving over the rail lines of North America at any given moment. Oil trains charging through Virginia, North Dakota, Alabama, and Canada’s Quebec, New Brunswick, and Alberta provinces have derailed and exploded, resulting in severe environmental damage and, in the case of Quebec, considerable human casualties.

A continental oil boom and lack of pipeline infrastructure have forced unprecedented amounts of oil onto US and Canadian railroads. With 43 times more oil being hauled along US rail lines in 2013 than in 2005, communities across North America are bracing for another catastrophe.

VICE News traveled to the Pacific Northwest to investigate the rapid expansion of oil-by-rail transport and speak with residents on the frontline of the battle over bomb trains.

Find out if you live in a “bomb train” blast zone here.

Crude By Rail, donner, Local Regulation, Sacramento CA, State regulation, Take Action, Valero Crude By Rail

Crude oil train protests planned in Sacramento and Davis

Repost from The Sacramento Bee
[Editor:  Check this out – Benicia’s uprail friends are getting out on the tracks, and they are getting the media’s attention.  Thanks to everyone who is following this story.  Benicia is in the “crosshairs” of a nationwide – worldwide – focus on this dangerous and dirty money grab by the oil and rail industries.  More and more, thoughtful people are saying, “No, not here.”  – RS]

Crude oil train protests planned in Sacramento, Davis

By Tony Bizjak, Jul. 8, 2014
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Jake Miille / Special to The Bee | A crude oil train operated by BNSF snakes its way west through James, Calif., just outside the Feather River Canyon in the foothills into the Sacramento Valley.

Laurie Litman, who lives a block from the rail tracks in midtown Sacramento, says oil and rail companies are about to put her neighborhood and plenty of others in danger, and she wants to stop it.

Litman is among a group of environmental activists in Sacramento and Davis who will gather this week at the Federal Railroad Administration office in Sacramento and at the Davis train station to protest plans by oil companies to run hundreds of rail cars carrying crude through local downtowns every day. The protests, on the anniversary of an oil train crash and explosion that killed 47 people in the Canadian city of Lac-Megantic, will spotlight a plan by Valero Refining Co. of Benicia to launch twice-daily crude oil train shipments through downtown Roseville, Sacramento and Davis early next year.

“Our goal is to stop the oil trains,” said Litman of 350 Sacramento, a new local environmental group. “We are talking about 900-foot fireballs. There is nothing a first responder (fire agency) can do with a 900-foot fireball.”

Sacramento Assemblyman Roger Dickinson, an advocate for increased crude oil rail safety, will speak at noon Wednesday during the Sacramento event at 8th and I streets. The Yolano Climate Action group will distribute leaflets at the Davis train station Tuesday and Wednesday evening about the Valero proposal. The Davis City Council recently passed a resolution saying it opposes running the trains on the existing downtown Davis rail line.

The protests are among the first in the Sacramento area in response to a recent surge in crude oil rail transports nationally, prompted mainly by new oil drilling of cheaper oils in North Dakota, Montana and Canada. In California, where rail shipments have begun to replace marine deliveries from Alaskan oil fields and overseas sources, state safety leaders recently issued a report saying California is not yet prepared to deal with the risks from increased rail shipments of crude.

Oil and railroad industry officials point out that 99.9 percent of crude oil shipments nationally arrive at their destinations without incident, and that the industry is reducing train speeds through cities, helping train local fire and hazardous material spill crews, and working with the federal government on plans for a new generation of safer rail tanker cars. Valero officials as well say their crude oil trains can move safely through Sacramento, and a recent report sponsored by the city of Benicia concluded that an oil spill along the rail line to Benicia is highly unlikely.

In a letter last week, however, four Northern California members of Congress called on the federal government to require oil and rail companies take more steps to make rail crude shipments safer. The letter was signed by Doris Matsui, D-Sacramento, George Miller, D-Martinez, Mike Thompson, D-St. Helena, and John Garamendi, D-Walnut Grove.

“We are especially concerned with the high risks involved with transporting .. more flammable crude in densely populated areas,” the group wrote to U.S. Department of Transportation Secretary Anthony Foxx. “Should spills or explosions occur, as we have seen over the last year, the consequences could be disastrous.”

The four lawmakers said oil companies should be required to remove more volatile gases from Bakken crude oil before it is shipped nationally from North Dakota. The federal government issued a warning earlier this year about Bakken crude after several Bakken trains exploded during derailments. The California Congress members also encouraged federal representatives to move quickly to require railroads to install advanced train control and braking systems. Industry officials have said those systems, called Positive Train Control, are expensive and will take extended time to put into place.

Representatives from a handful of Sacramento area cities and counties are scheduled to meet this week to review Valero’s crude oil train plans, and to issue a formal response to the environmental document published two weeks ago by Benicia that concluded derailments and spills are highly unlikely. City of Davis official Mike Webb said one spill and explosion could be catastrophic, and that as more oil companies follow Valero’s lead by bringing crude oil trains of their own through Sacramento, the chances of crashes increase.

The Sacramento group has indicated it wants a detailed advanced notification system about what shipments are coming to town. Those notifications will help fire agencies who must respond if a leak or fire occurs. Local officials say they also will ask Union Pacific to keep crude-oil tank cars moving through town without stopping and parking them here. The region’s leaders also want financial support to train firefighters and other emergency responders on how to deal with crude oil spills, and possibly funds to buy more advanced firefighting equipment. Sacramento leaders say they will press the railroad to employ the best inspection protocols on the rail line.

Read more here: http://www.sacbee.com/2014/07/08/6541363/crude-oil-train-protests-planned.html#storylink=cp

 

Crude By Rail, Rail Safety, Spill prevention and response, State regulation

New Minnesota safety rules – prevention and response, but nothing about stopping crude by rail

Repost from The Perham Focus, Perham, MN

New rail safety rules now in effect in Minnesota

Focus staff report, 7/1/14

Laws designed to improve the safety of Minnesotans who live and work near railways that carry crude oil and other hazardous materials go into effect July 1.

The Minnesota Department of Transportation, the Department of Public Safety and the railroads will carry out the new rail safety legislation, which was passed by the Legislature and signed into law by Gov. Mark Dayton in May. The new laws follow accidents involving crude oil in neighboring states and provinces and will implement stricter oversight of railroad companies, require more railway inspections and provide for better emergency response training and preparedness in communities across Minnesota.

“Trains carrying crude oil pass through our communities every day. We have learned from dangerous accidents in other states that without proper safety measures, that cargo could pose a very real risk to our citizens,” said Gov. Dayton in a press release from the state transportation department. “For the enhanced safety of all Minnesotans, I am confident that our departments of transportation and public safety will implement these new programs effectively, and strictly enforce all new regulations taking effect today in Minnesota.”

“These new safety measures go a long way towards making the state safer as the trains carrying crude oil pass through the state,” said MnDOT Commissioner Charlie Zelle. “The addition of more rail inspectors will allow us to inspect more tracks and equipment and keep them operating safely.”

“We welcome the opportunity to educate first responders on the unique challenges presented by the volume of crude oil making its way through Minnesota,” said Department of Public Safety Commissioner Mona Dohman. “We will also bring together community leaders, railroad and pipeline operators, and emergency planners to ensure all communities are prepared to respond to an incident involving crude oil.”

HOW THE NEW LAW WORKS

Minnesota is seeing an increase of trains carrying petroleum products from the North Dakota oil fields. In response, the legislation includes several key features designed to strengthen safety requirements and improve disaster response readiness in the state, according to the release:

Prevention Plans Required – Requires railroad companies to submit disaster prevention plans to the state of Minnesota. This new law will require companies transporting hazardous materials to develop safety measures that help keep Minnesotans and the environment safe.

Increased Safety Inspections – Increases the number of railway inspectors at the Minnesota Department of Transportation, paid for with an annual assessment on railroad companies.

Emergency Response Training – Requires railroads to provide emergency response training every three years to every fire department located along oil train routes. This training will help ensure Minnesota firefighters are prepared to respond to a disaster. This law also requires the Department of Public Safety to continue to provide training and response preparedness to emergency responders. This is paid for through an assessment on railroads and pipelines.

Planning Emergency Responses – Requires railroads to file emergency response plans with the Minnesota Pollution Control Agency and to update these plans. 

Improving Response Capacity – Requires railroads to deploy enough equipment to clean up within a specified time period any spills or leaks that may occur. This means that those who cause accidents or disasters will be held responsible for cleaning them up.