Category Archives: Tar sands crude

Green coalition sues Kern County over DEIR failures

Repost from Courthouse News
[Editor: Significant quote: “They claim that the EIR’s analysis of greenhouse gas emissions is ‘riddled with flaws’ because instead of discussing mitigation measures to curb emissions, it assumed that the refinery’s emissions will be ‘reduced to zero’ by participating in the state’s cap-and-trade program, and thus concluded that ‘these emissions are not significant.'”    – RS]

Greens Fight SoCal Tar Sands Oil Project

By Rebekah Kearn, October 13, 2014

BAKERSFIELD, Calif. (CN) – Kern County illegally approved expansion of a local refinery that will let it transport and process 70,000 barrels of crude oil a day, environmentalists claim in court.

The Association of Irritated Residents, the Center for Biological Diversity and the Sierra Club sued the Kern County Board of Supervisors and the Kern County Planning and Community Development Department, on Oct. 9 in Superior Court.

Alon U.S.A. Energy, of Texas, and its subsidiary Paramount Petroleum Corp. are named as real parties in interest.

“The lawsuit challenges Kern County’s unlawful approval of a massive oil refinery and rail project that will further harm air quality in the San Joaquin Valley and subject residents in several states to the catastrophic risks of a derailment involving scores of tanker cars filled with explosive Bakken crude oil,” plaintiffs’ attorney Elizabeth Forsyth, with Earthjustice, told Courthouse News.

Bakken crude is from northern Montana and North Dakota, Manitoba and Saskatchewan. Much of it is extracted by fracking, or hydraulic fracturing.

“The San Joaquin Valley is already overburdened by industrial pollution,” Forsyth said. “Kern County officials should put the health of their residents over the profits of oil companies.”

The groups claim the county’s approval of the Alon Bakersfield Refinery Crude Oil Flexibility Project and its allegedly inadequate environmental impact report violated the California Environmental Quality Act.

The project quintuples the Alon Bakersfield Refinery’s capacity to import crude oil, “from 40 tank cars per day to 200 tank cars per day, or up to 63.1 million barrels of crude per year,” the 27-page complaint states.

“This influx of cheap, mid-continent crudes, including Canadian tar sands crude and Bakken crude from North Dakota, would allow the shuttered refinery to reopen and run at full capacity, processing 70,000 barrels of crude oil per day,” according to the complaint.

“The project’s massive ramp-up in oil transport and processing poses alarming health and safety threats to the residents of Bakersfield and to those who live along the crude-by-rail route. Restarting the refinery will significantly increase harmful air pollution that will only exacerbate the poor air quality and respiratory illnesses that plague San Joaquin Valley communities already unfairly burdened with industrial pollution.”

Bakken crude oil is “highly volatile,” and shipping it across several states “over treacherous and poorly maintained mountain passages” without adequate safety regulations will expose everyone who lives along the shipping route to the risks of derailment, the environmentalists say.

Trains carrying Bakken crude have derailed and exploded, including the July 2013 disaster in Lac-Mégantic, Canada, which killed 47 people and leveled half of downtown Lec-Mégantic, according to the complaint.

Bakersfield, pop. 464,000, between Los Angeles and Fresno, is the ninth-largest city in California. Kern County produces more oil than any other county in the state, and boasts the fourth largest agricultural output in the country.

Its air quality is abysmal. “Bakersfield has the country’s third most polluted air, according to the American Lung Association, and one in six children in the Valley will be diagnosed with asthma before age 18,” Forsyth told Courthouse News.

Kern County’s notoriously poor air quality causes approximately 1,500 premature deaths each year, and exposure to toxic air pollution racks up “$3 billion to $6 billion in health costs and lost productivity annually,” according to the complaint.

Several schools, residential neighborhoods and a hospital are only a few miles away from the Alon Bakersfield refinery. It is 1,000 feet from the Kern River Parkway, where people hike, walk, and ride bikes along trails and through parks, according to the complaint.

The refinery shut its doors in 2008 when its owner filed for bankruptcy. After sitting inactive for two years, it was bought by Alon in 2010 and “refashioned to convert intermediate vacuum gas oil into finished products,” but stopped all refining operations in December 2012 when the price of local feedstock rose, the complaint states.

In August 2012, Paramount submitted proposed modifications to the county that would let the refinery use the Burlington Northern Santa Fe rail line to bring in 5.5 million gallons of oil per day.

“The five-fold expansion of the terminal’s unloading capacity, from 40 tank cars per day to over 200 tank cars per day, is the largest crude-by-rail project in California, twice the size of the next largest project,” the complaint states.

The Kern County Board of Supervisors approved the environmental impact report on Sept. 9 this year.

But the plaintiffs claim the environmental study “obfuscates and underestimates” the significant impacts posed by the project and ignores the effects that rail transport of Bakken crude will have on air pollution.

“The EIR severely underestimates the safety risks of this project through sloppy math and an incomplete analysis,” the complaint states. “Based on simple mathematical error, the EIR calculates the risk of a train accident involving an oil spill is unlikely to occur within the project’s 30-year lifetime. Correcting this error, however, results in a risk of accident involving an oil spill once every 30 years.”

California has a high risk for catastrophic accidents because many of its 5,000 to 7,000 railroad bridges are over 100 years old and are not routinely inspected by any state or federal agency, and the rail lines run through “hazard areas” such as earthquake faults and densely populated cities, the complaint states.

Kern County is especially vulnerable because “the freight rail track runs through the Tehachapi Mountain, an area identified by the California Interagency Rail Safety Working Group as a ‘high hazard area.’ The rail track includes steep grades, extreme track curvature, and a single track through the majority of the corridor. The elevation loss of this corridor is approximately 3,600 feet from Tehachapi to Bakersfield, and the grade is so steep that it includes the famous ‘Tehachapi loop’ where the railroad line must loop back under itself to make the grade,” the complaint adds.

The plaintiffs say the project also threatens to further pollute the air quality of a region “already plagued by the worst air quality in the nation.”

“Refining Bakken crude emits high levels of volatile organic compound emissions that lead to ozone pollution, which in turn causes respiratory illnesses such as asthma,” Forsyth told Courthouse News.

“The refining of tar sands crude, which is far dirtier than local crudes, will result in higher emissions of greenhouse gases, nitrogen, sulfur and toxic metals,” she added.

Moreover, restarting the refinery and processing 60 million barrels of fossil fuels a year will elevate greenhouse gas emissions in the region and interfere with California’s goal of reducing such emissions, the groups say.

They claim the EIR’s analysis of greenhouse gas emissions is “riddled with flaws” because instead of discussing mitigation measures to curb emissions, it assumed that the refinery’s emissions will be “reduced to zero” by participating in the state’s cap-and-trade program, and thus concluded that “these emissions are not significant.”

“The EIR also unlawfully underestimates greenhouse gas emissions, ignoring emissions from the combustion of end products produced from the imported crude,” the complaint states.

After Kern County released an initial study of the project in September 2013, the Air District commented that using 2007 as the baseline to analyze impacts to air quality was improper because the refinery had not refined crude since 2008, according to the complaint.

The groups say the draft environmental report released for public comment on May 22 this year did not correct this error.

“The draft EIR also omitted fundamental information necessary to evaluate the EIR’s conclusions, including underlying assumptions and calculations for the EIR’s emissions analysis, data concerning the properties of Bakken crude, and an objective description of the project’s crude slate,” the complaint states.

On June 13, the groups’ attorneys asked for the information not included in the draft report and an extension to the 45-day comment period, but the county denied both requests.

When the county issued its final EIR in August, the groups say, they objected to “new disclosures that the public had not had a chance to review,” including its flawed analysis of the probability of a train accident, and demanded that it be revised.

Several prominent environmental scientists submitted comments criticizing the report’s treatment of toxic air emissions and its failure to include “emergency flaring events” in emissions calculations, but the county ignored their input and approved the report 13 days after it was released, the complaint states.

Kern County Counsel Theresa Goldner defended the project.

“The Kern County Board of Supervisors carefully and thoughtfully considered the EIR and all public comments and approved the report after a full and complete public process,” Goldner told Courthouse News.

“We will vigorously oppose this action.”

Paramount did not immediately return requests for comment.

The environmentalists seek declaratory judgment that Kern County violated CEQA by authorizing the refinery expansion project without performing adequate environmental analysis.

They ask that the project approvals and the environmental impact report be vacated until the defendants prepare a new environmental study that complies with CEQA.

They also want an injunction preventing the defendants from carrying out any part of the project until they fulfill all of the CEQA requirements.

They are represented by Earthjustice attorneys Elizabeth Forsyth and co-counsel Wendy Park of San Francisco.

Oil Trains Causing More Delays for Other Goods and Passengers; Amtrak now late 60% of the time

Repost from The New York Times

As Trains Move Oil Bonanza, Delays Mount for Other Goods and Passengers

By Ron Nixon, October 8, 2014
A Burlington Northern Santa Fe oil train outside Casselton, N.D. The company has committed $5 billion for rail expansion. Credit Dan Koeck for The New York Times

WASHINGTON — An energy boom that has created a sharp increase in rail freight traffic nationwide is causing major delays for Amtrak passenger trains and is holding up the transport of vital consumer and industrial goods, including chemicals, coal and hundreds of thousands of new American cars, rail officials and federal and state regulators say.

American rail lines now move more than a million barrels of oil a day, much of it from the Bakken shale oil field in North Dakota and Montana and from the oil sands of Alberta, Canada. Last year about 415,000 rail cars filled with crude oil moved through the United States, compared with 9,500 in 2008, according to the Surface Transportation Board, a bipartisan body with oversight of the nation’s railroads.

In large part as a result, long-distance Amtrak passenger trains are now late 60 percent of the time, Amtrak officials said, compared with a year ago, when the trains were late 35 percent of the time.

The problems are particularly acute on long-distance passenger lines like the Empire Builder, which shares tracks with freight traffic from Chicago to Portland, Ore., and is late nearly 70 percent of the time. Trains on the 47-hour trip typically run three to five hours behind. Revenue from the line has dropped 18 percent from last year, Amtrak officials said, as word about the sluggish service spread among passengers, most of whom use the Empire Builder for shorter trips between cities on the route.

“Clearly, we’re not getting the level of service that we want to give, or what our customers have been used to getting over the last decade,” said Edward R. Hamberger, president and chief executive of the Association of American Railroads, an industry trade group.

Delays are not as serious for rail service along the Northeast Corridor, where Amtrak owns most of the track between Washington and Boston and has more control over passenger service. On long-distance routes, Amtrak passenger trains run on tracks owned by the major freight railroads.

On the long-distance routes, aging tracks and a shortage of train cars, locomotives and crews have also caused delays, rail officials said. In addition, an improving economy has meant more goods shipped by rail over all. Rail accounts for 40 percent of all goods moved in the country as measured in ton-miles, derived by multiplying a cargo’s weight by the distance shipped. Trucks are second at 28 percent.

A proposed pipeline to move oil from Canada would alleviate some of the rail congestion but would not eliminate it, officials said.

Although North Dakota has been known within the industry for a surge in moving oil by rail, and resulting delays in grain shipments for farmers, rail officials say the congestion and late passenger trains have spread to many other states. On Wednesday, the Surface Transportation Board announced that the nation’s largest railroads must file public weekly reports about their performance, which the board said would give rail customers a better sense of the magnitude of the delays.

The problems are only expected to get worse. American coal exports to countries like China, which are picking up as domestic demand falls, will also compete for space on trains, as new coal export terminals are planned at several ports in the Pacific Northwest. (Increased Asian demand for coal reached record levels in 2012 and continues to be high.) In the United States, a record harvest of corn, soybeans and wheat is expected this year, adding to the stress on the nation’s rail network.

“It’s like having a fire hydrant hooked up to a garden hose,” said Mike Steenhoek, executive director of the Soybean Transportation Coalition in Iowa.

Railroad executives say they are working to unclog the congestion. Michael J. Trevino, a spokesman for the Burlington Northern Santa Fe line, owned by Warren Buffett, said the company had committed $5 billion for rail expansion and track maintenance to help improve its service.

The money includes about $300 million over the next three years to improve capacity and beef up the rail system in North Dakota, which Burlington Northern Santa Fe said would bring 300 more employees to the state and lead to smoother operations and faster deliveries. Mr. Trevino said B.N.S.F. was also making improvements to its tracks in Missouri that carry coal trains coming from Montana and Wyoming.

Thomas L. Lange, a spokesman for Union Pacific Railroad, said the company was buying about 229 new locomotives and hiring about 3,200 additional train crews to help deal with the increase in demand for service.

“We’ve had some delays in our system because demand for freight rail transportation for Union Pacific surged in 2014 to unexpected levels, which we have not seen since 2006,” Mr. Lange said. “We’re upgrading and expanding our system to make sure that at the end of the day, we get the goods delivered.”

A major speed bump in the nation’s rail congestion is Chicago, a transit point for six of the nation’s seven biggest railroads. Nearly half of what is known as intermodal rail traffic — the big steel boxes that can be carried aboard ships, trains or trucks — travels through the city. The congestion in Chicago is also caused by track sharing among freight, Amtrak and commuter trains.

The railroads and local, state and federal officials have committed $3.2 billion for 70 construction projects to replace rail intersections with overpasses and underpasses, in an effort to smooth the flow of traffic for the 1,300 freight and passenger trains that travel through Chicago each day. The project will also separate tracks now shared by freight and passenger trains at critical spots. Officials said about 22 of the projects had been completed.

In total, railroads will spend about $26 billion this year to upgrade the rail network and hire new workers, said Mr. Hamberger of the Association of American Railroads.

Despite the improvements, many industries say they still suffer delays. In April, the auto industry said it had more than 200,000 new cars in storage because of a shortage of trains to move the vehicles.

“Since the summer, we are seeing progress, but automakers are entering the fall with a backlog of new cars to transport by rail,” said Gloria Bergquist, vice president of communications for the Alliance of Automobile Manufacturers, the auto trade group. About 70 percent of new vehicles are moved by rail, according to the group. Industry officials say they are moving more cars by truck as a result of the rail congestion. But trucks are a more expensive method of moving the cars, a cost that may eventually be passed on to customers.

Gov. Brown Approves New Rules On Crude Oil Shipments

Repost from KPIX5 CBS San Francisco
[Editor: See also Bloomberg.  – RS]

Gov. Brown Approves New Rules On Crude Oil Shipments

September 26, 2014
A KPIX 5 crew captured this video of Bakken crude oil getting unloaded from a train at a rail yard in Richmond. (CBS)
A KPIX 5 crew captured this video of Bakken crude oil getting unloaded from a train at a rail yard in Richmond. (CBS)

SAN FRANCISCO (KPIX 5) — Earlier this year, KPIX 5 reported on crude oil being brought into the Bay Area by rail. Until now, companies haven’t been required to give cities a heads up, but that’s about to change.

Gov. Jerry Brown has signed into law new rules requiring oil shipments to be disclosed. This means that companies have to tell state and local agencies that potentially explosive crude oil is headed their way.

The rules would allow agencies to have their emergency responders ready, in case there is an accident.

KPIX 5 has reported on plans to bring crude by rail into the East Bay, mainly Pittsburg. And we’ve recently learned it has also been going on in Richmond.

Last year’s rail disaster in Canada has prompted the push for new regulations. A train carrying crude oil derailed and caused a massive explosion and fire, killing 47 and mostly flattening the town of Lac-Mégantic.

Brown also signed into law a requirement for oil companies to reveal more details about the fracturing process.

East Bay projects are redefining refineries

Repost from The Contra Costa Times
[Editor: a shorter version of this article appeared in The Vallejo Times-Herald with byline Robert Rogers.  This seems to be a re-write by Tom Lochner and Rogers.  Interesting to see analysis of all five refineries in the Bay Area, labeled the “Contra Costa-Solano refinery belt, California’s largest.”  Good quotes from our colleagues Tom Griffith and Antonia Juhasz.   – RS]

East Bay’s oil refineries look to the future

Upgrades: Projects to allow flexibility to respond to changing energymarkets, but environmentalists raise concerns
By Tom Lochner and Robert Rogers, September 24, 2014

chevronThe East Bay’s first oil refinery opened in 1896 near the site of Porkopolis-of-the West, a defunct stockyard and slaughterhouse in the town of Rodeo. In the ensuing decades, four more East Bay refineries joined it, defining the region and powering its growth like no other industry.

A century later, the Contra Costa-Solano refinery belt, California’s largest, continues to cast an enormous shadow over surrounding cities, influencing their politics, their economies, even their aesthetics. And at a time when fossil fuel seems like yesterday’s energy source, the Bay Area’s five refineries have all embarked on ambitious projects to transform the way they do business — and ensure their economic viability in a rapidly changing global energy market for decades to come.

These projects, if seen to completion, will diversify the refineries’ operations by allowing them to process both dirtier, heavier oil and cleaner, lighter crude. Two refineries are looking to build their future, at least in part, on crude-by-rail operations, expanding available sources of petroleum while intensifying a controversy over whether that transportation method endangers East Bay communities.

All told, the upgrades will generate a collective investment in the East Bay of more than $2 billion, while adding hundreds of construction jobs. And once they are completed, proponents say, the projects should result in a substantial combined cut to greenhouse gas emissions, even though many environmentalists remain unsatisfied.

“While some of these local refinery projects promise to reduce greenhouse gasses, or pollution in general, that’s not nearly enough,” Tom Griffith, co-founder of Martinez Environmental Group, said in a recent email. “And it’s arguable given the cumulative costs.”

Catherine Reheis-Boyd, president of the Western States Petroleum Association, said oil companies are looking to increase efficiency through these refinery projects while meeting the state’s stricter environmental requirements — not an easy balancing act.

“They want to continue to supply California. And they want to contribute to the economy of the state,” she said. “What’s different right now is, a lot of the policies being contemplated in California, either at the state level or locally, are making it more difficult to achieve that. The biggest thing is, how do you balance our energy policy with our climate change policies?”

Even without the new projects, the five East Bay refineries are a critical part of the local economy.

In 2012, Chevron, Tesoro, Shell, Phillips 66 and Valero processed a total of about 800,000 barrels a day of crude oil, providing more than 7,500 direct jobs, according to industry sources. The oil and gas industry as a whole in the Bay Area generated $4.3 billion that year in state and local taxes, plus another $3.8 billion in federal taxes, according to an April 2014 Los Angeles County Economic Development Corporation study commissioned by the Western States Petroleum Association.

The biggest project underway is at Chevron, a $1 billion investment to upgrade parts of its century-old 2,900-acre Richmond refinery allowing it to refine dirtier blends of crude with no increase in greenhouse gas emissions, according to the project application.

Tesoro’s Golden Eagle refinery, near Martinez, has spent nearly as much on upgrades since 2008, and other projects are underway at Shell in Martinez, Phillips 66 in Rodeo and Valero in Benicia.

ENVIRONMENTAL CONCERNS

While these sweeping investments offer the promise of new jobs and cleaner, more efficient operations, many environmentalists complain that they don’t go far enough to curb emissions of greenhouse gases that contribute to global warming by trapping heat in the lower atmosphere, and sulfur dioxide and other pollutants that can cause serious health problems in people in surrounding communities.

And others warn that the improvements will smooth the path for highly flammable crude oil from North America’s Bakken shale region to the East Bay on railroad lines, raising the specter of spectacular explosions from train derailments, as happened last summer in Lac-Mégantic, Quebec, where 47 people died. Those fears have dominated debate over a proposed rail terminal at Benicia’s Valero refinery.

A growing number of detractors clamor for America to cast off the yoke of fossil-fuel dependency altogether and concentrate on efforts to develop cleaner, renewable energy.

“The missed opportunity here is for the oil companies to refocus their sights on the future of renewable energy,” Griffith said.

That aim, albeit more gradual, is the policy of the state under Assembly Bill 32, the California Global Warming Solutions Act of 2006. The legislation calls not only for reducing greenhouse gas emissions but also for reducing the state’s dependency on petroleum.

The refineries take that as a challenge but not a death warrant.

“The industry clearly thinks these refineries are here to stay and wants them to adjust to the changes of the makeup of the world’s oil supply, which is dirtier, more dangerous oil,” said Antonia Juhasz, an oil and energy analyst and author of the book “The Tyranny of Oil.”

Juhasz cited Canadian tar sands oil as the prime example of dirtier crude, and pointed to oil from the Bakken shale formation, mostly in North Dakota, as the prime example of the more dangerous variety.

Scott Anderson, a San Francisco-based senior vice president and chief economist for Bank of the West, agrees that the increases in renewable energy sources pose no threat to the future of oil refineries locally. In fact, he says, increasing global demand for refined oil products makes refineries like those in Contra Costa and Solano counties an “emerging growth industry for the U.S.”

“Demand is going to continue to increase, and there haven’t been any new refineries built in the U.S. in decades. So what we’re left with is these projects in existing refineries designed to improve efficiency and flexibility,” he said.

Here is a look at the major projects underway:

• At Tesoro’s Golden Eagle refinery, one of the biggest shifts has been bringing in up to 10,000 barrels per day of Bakken crude, which company officials say is critical to replace other sources of petroleum.

“Our challenge going forward is, as California and Alaskan crudes decline, to find replacements that keep the refinery a viable business,” General Manager Stephen Hansen said.

“One of those crudes is in the midcontinent, and the only way to get it here is by rail,” he added, noting that the refinery receives crude from ship, pipeline and truck after offloading it from rail cars in Richmond.

The refinery’s nearly $1 billion in capital upgrades since 2008 have focused not on increasing capacity but on using a wider variety of crude blends and processing them more efficiently, cleanly and safely. A $600 million replacement of the refinery’s coker, for example, has reduced annual carbon dioxide emissions by at least 400,000 tons, according to refinery officials.

• Shell’s Martinez refinery is seeking to shift some of its refining capacity toward lighter crudes, which it says will allow it to trim greenhouse gas emissions. In phases over several years starting in 2015, the refinery would build processing equipment and permanently shut down one of two coker units, resulting in a reduction in greenhouse gas emissions by 700,000 tons per year.

Shell spokesman Steve Lesher said the project involves replacing equipment, not expanding the facility beyond its 160,000 barrels per day. He also said the refinery currently processes heavier oil from the San Joaquin Valley but will be bringing in oil from other, as-yet-unidentified sources.

• Phillips 66 in Rodeo, the region’s oldest refinery, hopes to start recovering and selling the propane and butane that are a byproduct of its refining process, rather than burning them off in a highly polluting process called flaring or using them as fuel in refinery boilers.

The project would add new infrastructure, including a large steam boiler, propane and butane recovery equipment, six propane storage vessels and treatment facilities and two new rail spurs.

Phillips 66 has said the project, which was approved by the county Planning Commission in November, would reduce emissions of sulfur dioxide by removing sulfur compounds from refinery fuel gas, and reduce other pollutants and greenhouses gases, but those assertions have been questioned by environmentalists and the Bay Area Air Quality Management District, which wants further evaluation before signing off.

Two groups have filed an appeal to overturn the Planning Commission’s approval, and in what might be a first for the region, the air district is requiring that the project’s emissions and possible health effects must be considered cumulatively with other refinery-related projects in the Bay Area.

• Chevron’s plan, which received City Council approval in July after months of intense public debate, is touted as an important upgrade in an increasingly competitive global petrofuels market. While other refineries are gearing up to exploit the North American oil boom, Chevron will continue to get the bulk of its oil from the Persian Gulf and Alaska.

But the new modernization plan approved in July would allow the refinery to process crude oil blends and gas oils with higher sulfur content, which refinery officials say is critical to producing competitive-priced transportation fuels and lubricating oils in the coming decades.

In addition, it would replace the refinery’s existing hydrogen-production facilities, built in the 1960s, with a modern plant that is more energy-efficient and yields higher-purity hydrogen, and has the capacity to produce more of it.

• Valero Refining wants to build a $55 million crude-by-rail unloading facility at its Benicia refinery that could handle daily shipments of up to 70,000 barrels of oil transported in two 50-car trains daily from sources throughout North America. That plan has drawn sharp criticism from locals and leaders in Sacramento concerned about the hazards of increased rail shipments.

The project would not increase capacity at the refinery but replace crudes that are currently delivered by ship. Nor would it increase emissions from refinery operations, according to a project description on the city of Benicia’s website. The document also cites an air quality analysis indicating that rail cars generate fewer emissions locally than marine vessels.

The latest projects, while still drawing criticism, have turned some critics into allies. Henry Clark of the West County Toxics Coalition, who played a leading role in getting millions of dollars in settlements for North Richmond residents stemming from a chemical spill linked to the Chevron refinery in the early 1990s, has come out in support of the Chevron modernization.

“After all the negotiation and community input, we have a better project than we ever expected,” Clark said. “Fenceline communities like North Richmond are going to be next to a safer, cleaner facility and get to share in millions in community benefits.”