Category Archives: State regulation

Growing oil train traffic is shrouded in secrecy

Repost from The Center for Investigative Reporting and KUOW.org
[Editor:  This is an important report.  State regulators can’t get accurate oil train data from the federally regulated railroads, so Washington officials are turning to the refineries: “Washington state lawmakers passed a law recently that requires oil refineries, which are state regulated, to give weekly notice of the train schedule to first responders.”  (See previous report.)  The story of Dean Smith’s Train Watch is inspiring – we should set up annual counts in all of our frontline refinery communities.  – RS]

Growing oil train traffic is shrouded in secrecy

By Ashley Ahearn / June 13, 2015
Dean Smith was frustrated with the lack of public information about oil train traffic so he organized 30 volunteers to count the trains coming through his community north of Seattle. Credit: Ashley Ahearn/EarthFix/KUOW

EVERETT, Wash. – Dean Smith, 72, sits in his car by the train tracks here north of Seattle.

It’s a dark, rainy Tuesday night, and Smith waits for an oil train to come through town. These trains are distinctive: A mile long, they haul 100 or so black, pill-shaped cars that each carry 30,000 gallons of crude oil.

Smith has been counting the trains for about a year, noting each one on a website he built. The former National Security Agency employee does it because the railroads share little information about oil train traffic with Washington state. They don’t have to because they’re federally regulated.

What is known: The railroads are moving 40 times more oil now than in 2008 due to an oil boom in the Bakken formation of North Dakota. Bakken crude oil contains high concentrations of volatile gas, with a flashpoint as low as 74 degrees Fahrenheit.

Derailments and explosions have occurred around North America since the oil boom began, including a 2013 catastrophe that killed 47 people in rural Quebec.

This has prompted emergency responders to call for more information from railroad companies about oil train traffic patterns and volumes. The railroads mostly have refused; they say that releasing that information could put them at a competitive disadvantage.

Which is why Smith decided to find out for himself. “It’s pretty hard to hide an oil train,” he said with a chuckle.

Last year, Smith launched the first Snohomish County Train Watch. He organized 30 volunteers to take shifts counting trains around the clock for a week.

In their first week of watching oil trains, the group collected more information about oil train traffic than the railroads had given Washington in the three years the trains have come here.

State officials say Smith’s data is helpful but insufficient. They say they shouldn’t have to rely on citizen volunteers to get critical information in case of disaster.

Dave Byers, the head of spill response for the state’s Department of Ecology, said his team needs the information to plan area-specific response plans to protect the public and keep oil from getting into the environment.

“It gives us an idea of what the risk is, the routes that are taken,” Byers said. “The frequency and volume of oil really gives us an idea of what level of preparedness we need to be ready for in Washington state.”

Oil train traffic shows no signs of slowing, which adds to the state’s sense of urgency. The oil industry wants to build five new terminals in Washington to move crude oil off trains and onto ships.

Meanwhile, Congress is considering legislation to lift a federal ban on exporting crude oil that’s been in place since 1975 – allowing American crude to be shipped around the world.

Close call in Seattle

Anyone who has attended a Mariners baseball game in downtown Seattle likely has seen or heard oil trains passing the ballpark. The trains continue north through the city to refineries on Puget Sound.

Seattle had a close call last year when an oil train derailed near downtown.

Byers and his team weren’t notified for one and a half hours and initially were not told there was oil in the derailed train cars.

No oil was spilled, but Byers is critical of how BNSF Railway, the company that moves most of the oil out of the Bakken oil fields, handled the situation.

BNSF did not tell the state there was highly flammable Bakken crude oil in the derailed train cars – that information came five hours later from the oil refinery waiting for the train. Additionally, Byers said that when his team arrived on the scene, no BNSF representative was present, but welders were working on the derailed cars. The welders said they did not know what was inside.

We became concerned because people were wandering off the street and taking selfies of themselves next to the rail cars,” Byers said. “There was no preparing for the potential that one of those cars could actually start leaking.”

BNSF spokeswoman Courtney Wallace said in an emailed statement that BNSF Railway had its hazardous materials team quickly in place to evaluate the situation. “This derailment did not cause a release at any point, nor was there a threat of a release,” she said.

The state and BNSF Railway have sparred over the railroad company’s reports of hazardous materials spills. Earlier this year, state regulators released an investigation and recommended that BNSF be fined up to $700,000 for not quickly reporting these spills. The company has disputed the state’s findings. A final decision is expected next year.

Concern in Anacortes

Workers prepare oil trains for unloading at the Tesoro refinery north of Seattle. The train that derailed in Seattle on July 24, 2014, was bound for the refinery.

This spring, several hundred people packed into the Anacortes City Hall for information from oil companies and BNSF Railway about the oil trains moving through their community. Just that morning, a BNSF oil train had derailed and caught fire in North Dakota.

In northern Puget Sound, Anacortes is home to two refineries that receive oil by rail from North Dakota. Its residents, like others in small communities along the tracks in Washington state, have voiced concern about oil trains. Congestion woes are among their complaints; unlike Seattle, where the trains mostly pass through tunnels and over bridges, trains here disrupt traffic.

Audience members were allowed to submit written questions only. Oil refineries’ representatives told them about safety precautions at their facilities to prevent and respond to spills. They also talked about their commitment to getting newer oil train cars.

Courtney Wallace is a spokeswoman for BNSF Railway. The company believes that every derailment or accident is avoidable. On the day this photo was taken, a train had derailed and caught fire in North Dakota. It was carrying the same type of crude oil that is currently moving through Washington state.

Wallace, the BNSF spokeswoman, gave a presentation about the company’s commitment to safety. She said BNSF believes that every accident is preventable.

When pressed by a reporter about how much information BNSF shares with local emergency responders, Wallace said BNSF has “always provided information to first responders, emergency managers about what historically has moved through their towns.”

She cautioned that sharing regular updates or notifications of oil train movements could put the public at risk.

“We’re always cognizant of what information is shared, because we don’t want to see an incident that involves terrorism or anyone else who might have that kind of frame of mind,” Wallace said.

Fight for information

A federal emergency order demands that railroads share limited information with states – but state officials want more.

Washington state lawmakers passed a law recently that requires oil refineries, which are state regulated, to give weekly notice of the train schedule to first responders. 

Washington state Rep. Jessyn Farrell is a Democrat who has fought for legislation that would force oil refineries to share information about how much oil is arriving by rail.

State Rep. Jessyn Farrell, a Seattle Democrat who sponsored the bill, said BNSF and the oil industry opposed the legislation from the beginning.

“We’re going to get the information,” she said. “I don’t really care who gives it to us as long as it’s good information and it stands in court, because we need that information now.”

BNSF Railway spent more than $300,000 on lobbyists and political contributions in Washington state in 2014.

“I think they’re absolutely on the wrong side of this,” Farrell said. “In the public mind, and morally, they are absolutely wrong.”

BNSF’s Wallace said the company still is reviewing the law to see how federal regulatory authority will interact with state authority.

Back in Everett, Dean Smith said he isn’t waiting for politicians or lawyers to duke this one out.

Instead, he’ll wait for trains, he said, and he’ll continue gathering information about them.

Four hours into a recent train-watching shift, Smith perked up.

“There’s something coming,” he said. He opened the door of his Chevy Volt and stepped into the rain. An orange BNSF engine emerged from the tunnel. Behind it were oil cars – about 100 of them, black as night.

The streetlight reflected off Smith’s glasses and shadows gathered in the furrow of his brow as he stood by the tracks, shoulders hunched.

“Sometimes I wonder, why fight it? Why not just move? That’d be the easiest thing to do,” he said. “But I think we have to fight. And I would like to see citizens groups acting like this all over the country. That’s the form of checks and balances we can create. All it takes is a few people.”

State conservation chief quits amid tainted aquifer controversy

Repost from the San Francisco Chronicle

State conservation chief quits amid tainted aquifer controversy

By David R. Baker, Friday, June 5, 2015 7:07 pm
Mark Nechodom Director of California Department of Conservation spoke at a press conference held at One Rincon Hill, located at First and Harrison streets Wednesday May 30, 2012. Both State and Federal scientist have collaborated to install over 72 geological sensors and two and a half miles of wire throughout the 64 stories tower thatÕs home to over six hundred people in San Francisco. Scientists say that there's a 63 percent probability of a damaging earthquake magnitude 6.7 or greater in the next 30 years in the Bay Area. The data collected at One Rincon Hill South Tower could be very helpful scientifically. Photo: Lance Iversen, The Chronicle
Mark Nechodom Director of California Department of Conservation spoke at a press conference held at One Rincon Hill, located at First and Harrison streets Wednesday May 30, 2012. Both State and Federal scientist have collaborated to install over 72 geological sensors and two and a half miles of wire throughout the 64 stories tower thatÕs home to over six hundred people in San Francisco. Scientists say that there’s a 63 percent probability of a damaging earthquake magnitude 6.7 or greater in the next 30 years in the Bay Area. The data collected at One Rincon Hill South Tower could be very helpful scientifically. Photo: Lance Iversen, The Chronicle

The head of the California Department of Conservation, Mark Nechodom, abruptly resigned Thursday following an outcry over oil companies injecting their wastewater into Central Valley aquifers that were supposed to be protected by law.

Nechodom, who had led the department for three years, announced his resignation in a brief letter to John Laird, secretary of the California Natural Resources Agency. The Conservation Department is part of the resources agency.

“I have appreciated being part of this team and helping to guide it through a difficult time,” Nechodom wrote.

Nechodom did not give a reason for his departure. But a division of the Conservation Department that regulates oil-field operations has come under intense criticism for letting oil companies inject wastewater into aquifers that could have been used for drinking or irrigation.

A spokeswoman for the Natural Resources Agency said she could not comment on Nechodom’s reasons for leaving, calling it a personnel issue. Jason Marshall, the Conservation Department’s chief deputy director, will lead the department while a permanent replacement is sought.

The department’s Division of Oil, Gas and Geothermal Resources for years improperly issued hundreds of wastewater injection permits into aquifers that should have been protected by the federal Safe Drinking Water Act, a problem detailed in a Chronicle investigation in February.

By the division’s most recent count, 452 disposal wells went into aquifers whose water, if treated, could have been used for drinking or irrigation. Another 2,021 wells pumped wastewater or steam into aquifers that also contain oil, with the injections helping to squeeze more petroleum from the ground.

California oil fields typically contain large amounts of water that must be separated from the petroleum and disposed of, usually by pumping it back underground. But oil companies can inject their “produced water” only into aquifers that have been specifically approved for wastewater storage by the federal Environmental Protection Agency.

The division has shut down 23 injection wells deemed to pose the greatest threat and has committed to closing the rest in stages over the next two years. So far, the injections have not been found to have contaminated any wells used for drinking water.

The injections, and the division’s schedule for closing them, have prompted lawsuits, including one filed this week that named Nechodom as a defendant. That suit, filed on behalf of Central Valley farmers, alleges Nechodom, Gov. Jerry Brown and oil companies engaged in a conspiracy to circumvent the law.

Before Brown picked him to lead the Conservation Department, Nechodom had been a senior policy adviser for the U.S. Department of Agriculture. He had also served as a senior climate science policy adviser to the chief of the U.S. Forest Service.

Until this year, however, he might have been best known as the husband of former California Secretary of State Debra Bowen, who completed her term in 2014 after revealing that she was battling severe depression that left her unable to work on many days.

 

State denies permit for Baltimore crude oil terminal

Email from John Kenney, Chesapeake Climate Action Network:

Great news out of Baltimore: Maryland puts proposed crude oil terminal on hold

Great news out of Baltimore! Maryland Department of the Environment (MDE) put the permits for the proposed crude oil terminal that we’ve been fighting on hold! MDE actually listened to our public comments saying that crude oil trains were way more dangerous than they previously thought, so they asked more questions for the company before issuing a final permit in the future. There will be plenty of opportunities to comment if the company decides to proceed with their plan to ship crude oil.

For now, the expansion of crude by rail in Maryland is on hold.

However, the fight isn’t over. Advocates throughout our region are continuing to organize. Crude oil still runs through Maryland, is still shipped out of Baltimore, and we still don’t have route transparency. Our goal is to continue pushing city and state legislators to take action, and will send updates along the way. Please see article [at right] for more details.

Repost from the Baltimore Sun

State denies permit for Baltimore crude oil terminal

By Jeff Barker, June 3, 2015 8:24 P.M.
Targa Resources
Targa Terminals, located at 1955 Chesapeake Avenue along the Patapsco River, has applied for an air-quality permit with the Maryland Department of Environment to begin handling crude oil at the Baltimore facility. (Kenneth K. Lam, Baltimore Sun)

The state Department of the Environment has denied, for now, a Houston-based company’s application to permit crude oil to be shipped through its port of Baltimore terminal in Fairfield — a proposal that nearby residents say poses a safety threat.

The agency said it needs more information from Targa Resources, a Houston-based firm that handles and stores oil, natural gas and petroleum products.

MDE “is not moving forward with any further review of the crude oil related application submitted in February until the department receives additional information from the company,” it said in a summary of its decision.

A bill that would have required a study of crude oil rail shipments in Maryland, such as the one above in Cecil County, has stalled.

CBR-in-Maryland
A bill that would have required a study of crude oil rail shipments in Maryland, such as the one above in Cecil County, has stalled. (Photo by Amy Davis)

“Before any decision is made on a crude oil related project at the Targa facility, there will be additional public review opportunities beyond the public meeting already held,” the agency said.

If MDE had approved the permit, Targa would have become the second Fairfield-area terminal to handle crude oil shipments. Axeon Specialty Products, based in Stamford, Conn., ships tens of millions of gallons of crude oil through its nearby terminal just north of Interstate 895.

Axeon brings crude oil in by rail from the west and ships it by barge to refineries in the Northeast. But even those shipments are relatively new. While it moved nearly 57 million gallons of crude through Baltimore in the fiscal year that ended June 30 and 53 million gallons the year before, it handled none the previous two years, according to data from MDE’s Oil Control Program.

Substantially more crude oil passes through the state, much of it through Cecil County, but is not captured by the oil-control program because it is not unloaded.

Shipments of domestic crude oil have boomed in recent years because of the surge in production from the Bakken oil fields in North Dakota. So much oil is coming out of the ground there and from the Canadian oil sands that a global glut has suppressed prices.

Another derailment of a train carrying Bakken crude in Lynchburg, Va., in April 2014 caused an explosion and an evacuation and spilled thousands of gallons of crude into the James River, but no one was injured.

Other incidents have occurred in West Virginia and North Dakota.

While it denied the crude oil permit, MDE did grant Targa an air-quality permit May 26 allowing other products to be transported through the terminal. The permit will enable the company to offload fuel oils, noncrude oils and distillates from rail cars onto tanker trucks.

At Targa’s request, MDE considered the crude oil request separately. The agency said in its decision that Targa asked it to split the application “in order to meet current customer demand for storage and transport of the other types of fuel oils and distillates.”

Vincent DiCosimo, Targa’s senior vice president for petroleum logistics, did not respond to requests for comment Wednesday.

He has said previously that the company takes safety seriously and has the record to prove it.

“Targa is just as interested in safety as you are,” he said in December at a public hearing hosted by the department and attended by about 25 residents and environmentalists.

But residents have expressed concerns and environmental advocacy organizations said the new facility would increase the threat crude oil shipments pose to the Chesapeake Bay’s fragile ecosystem, since Targa would transfer the oil from trains onto barges for transport to East Coast refineries.

The company purchased the Fairfield terminal, previously owned by Chevron, in 2011.

“This decision by the Maryland Department of the Environment is good news,” said Leah Kelly, attorney for the Environmental Integrity Project, in a statement Wednesday.

“Shipping crude oil through this terminal in Baltimore could have increased the risk of accidents and potentially explosions, such as have happened in Virginia, West Virginia and Canada,” she said. “Targa Terminals’ application for the crude oil permit was full of holes. MDE has said that it will not move forward with the crude oil permit unless the company provides more information about the air pollution that would be created by its operations.”

Oil in North Dakota derailment was “Conditioned” but not “Stabilized”

Repost rom ABC News
[Editor:  Note that the oil was CONDITIONED according to North Dakota regulations, but it was not STABILIZED which is a stricter standard currently used elsewhere.  (See The difference between oil “conditioning” and oil “stabilization”.)  The vapor pressure of oil on this train was measured at 10.8 psi. Compare this with DeSmogBlog: “…regular crude oil has a Reid Vapor Pressure (RVP) of 5-7 psi and Bakken crude has an RVP between 8-16 psi. To put that in perspective, gasoline typically has a RVP of 9 psi.”  Note also: “The North Dakota train was traveling 24 miles an hour…much slower than the 50 mph limit imposed by federal regulators.”  – RS]

Oil in North Dakota Derailment Was Treated to Cut Volatility

By Matthew Brown and Blake Nicholson, Associated Press, May 7, 2015, 7:09 PM ET

BISMARCK, N.D. — A shipment of oil involved in an explosive train derailment in North Dakota had been treated to reduce its volatility — a move that state officials suggested could have reduced the severity of the accident but won’t prevent others from occurring.

Hess Corporation spokesman John Roper said the oil complied with a state order requiring propane, butane and other volatile gases to be stripped out of crude before it’s transported. That conditioning process lowers the vapor pressure of the oil, reducing the chances of an explosive ignition during a crash.

Despite the treatment of the crude in Wednesday’s accident, six cars carrying a combined 180,000 gallons of oil caught fire in the derailment 2 miles from the town of small Heimdal in central North Dakota. The town was evacuated but no one was hurt.

Investigators on Thursday recovered wheel fragments from the scene. Those will be sent to a government laboratory for analysis, said National Transportation Safety Board spokesman Keith Holloway. A defective tank car wheel is suspected to have played a role in another oil train accident, in Galena, Illinois, on March 10.

The North Dakota train was traveling 24 miles an hour, Holloway said, much slower than the 50 mph limit imposed by federal regulators.

The state volatility standard went into effect last month. It came in response to a string of fiery oil train accidents, including a 2013 derailment in Lac-Megantic, Quebec that killed 47 people and a derailment and fire near Casselton, North Dakota last year.

Members of Congress have called for a stricter, national volatility standard for crude moved by rail.

Roper said the Hess shipment was “fully in compliant with North Dakota’s crude conditioning order.” It was tested immediately prior to loading onto a BNSF Railway train in Tioga and had a vapor pressure of 10.8 pounds per square inch — compared to the 13.7 pounds per square inch maximum under the state standard.

Reducing the explosiveness of crude moved by rail was not supposed to be a cure-all. Federal regulators last week announced a new rule that calls for stronger tank cars better able to withstand a derailment and more advanced braking systems to help keep fuel-carrying cars on the tracks.

“Our oil conditioning order in no way will prevent an accident,” said Alison Ritter with the North Dakota Industrial Commission, which set the vapor pressure standard. “Oil is still going to burn. That’s why the oil was produced. But it’s not as explosive.”

The first witness on the scene Wednesday, 68-year-old Heimdal resident Curt Benson, said he heard and felt an explosion in his house and then witnessed three or four more explosions when he got to the scene. He said it was nowhere near the magnitude of the Casselton explosions, which he saw on television footage.

“I would say that ours was somewhat minor compared to theirs,” Benson said.

Casselton Fire Chief Tim McLean said the disaster outside of that city appeared much worse than the Heimdal incident, but there were other factors to consider than just the volatility of the oil. The Casselton derailment involved more than twice the amount of crude and different kinds of tanker cars, he said. Another freight train, carrying soybeans, also was involved in Casselton and provided more fuel for the fire.

Democrats in Congress contend more needs to be done to reduce the danger of oil shipments by rail that pass through more than 400 counties including major metropolitan areas such as Seattle, Chicago and Philadelphia. Most of that oil comes from the Bakken region of North Dakota, Montana and Canada.

“Why do we let trains with this volatility pass through every day? Why are we letting these guys get away with that?” U.S. Sen. Maria Cantwell, a Washington state Democrat, said in an interview last week after federal regulators unveiled the braking and tank car rule.

BNSF vice president Mike Trevino did not immediately know how much of the oil in Heimdal burned, how much spilled and how much was left in the cars after the fire was extinguished.

The railway was working to remove the derailed cars and repair the track Thursday. It planned to re-open the line Friday afternoon, Trevino said.

The line runs next to an intermittent waterway known as the Big Slough, which drains into the James River about 15 miles downstream. Oil got into the slough, but it was contained and was being recovered, state Emergency Services spokeswoman Cecily Fong said early Thursday.

The tank cars that burst into flames were a model slated to be phased out or retrofitted by 2020 under a federal rule announced last week. It’s the fifth fiery accident since February involving that type of tank car, and industry critics called for them to be taken off the tracks immediately to prevent further fires.

For residents of Heimdal and surrounding Wells County, which oil trains cross daily, the disaster was the realization of something they always feared might happen, County Commission Chairman Mark Schmitz said.

“It’s definitely been in the back of everybody’s minds,” he said.

———

Brown reported from Billings, Montana.